AN ACT Relating to authority over individuals found guilty of or accused of criminal offenses that occurred when the individual was under age 18; amending RCW 13.40.300 and 13.40.110; and creating a new section.

(1) Except as provided in subsection (2) of this section, a juvenile offender may not be committed by the juvenile court to the department of children, youth, and families for placement in a juvenile rehabilitation facility beyond the juvenile offender's ((twenty-first))21st birthday.

(2)(a) A juvenile offender adjudicated of an A++ juvenile disposition category offense listed in RCW 13.40.0357, or found to be armed with a firearm and sentenced to an additional ((twelve))12 months pursuant to RCW 13.40.193(3)(b), may be committed by the juvenile court to the department of children, youth, and families for placement in a juvenile rehabilitation facility up to the juvenile offender's ((twenty-fifth))25th birthday, but not beyond.

(b) A juvenile offender adjudicated of a murder in the first or second degree offense committed at age 14 or 15 or a juvenile offender adjudicated of a rape in the first degree offense committed at age 15 may be committed by the juvenile court to the department of children, youth, and families for placement in a juvenile rehabilitation facility up to the juvenile offender's 23rd birthday, but not beyond.

(3) ((A))Except as provided under RCW 13.04.030 and 13.40.110, a juvenile ((may be under the jurisdiction of the juvenile court or the authority of the department of children, youth, and families beyond the juvenile's eighteenth birthday only if prior to the juvenile's eighteenth birthday))court has jurisdiction and may place an individual under the authority of the department of children, youth, and families for any individual under the age of 21 who is accused of committing a criminal offense that occurred when under the age of 18. In addition, the juvenile court has jurisdiction and may place an individual under the authority of the department of children, youth, and families for juveniles who commit an offense under the age of 18 if:

(a) ((Proceedings are pending seeking the adjudication of a juvenile offense and the court by written order setting forth its reasons extends jurisdiction of juvenile court over the juvenile beyond his or her eighteenth birthday, except:

(i) If the court enters a written order extending jurisdiction under this subsection, it shall not extend jurisdiction beyond the juvenile's twenty-first birthday;

(iii) If the juvenile court previously extended jurisdiction beyond the juvenile's eighteenth birthday, and that period of extension has not expired, the court may further extend jurisdiction by written order setting forth its reasons;

(b))) The juvenile has been found guilty after a fact finding or after a plea of guilty and an automatic extension is necessary to allow for the imposition of disposition;

(((c)))(b) Disposition has been held and an automatic extension is necessary to allow for the execution and enforcement of the court's order of disposition, subject to the following:

(i) If an order of disposition imposes commitment to the department, then jurisdiction is automatically extended to include a period of up to ((twelve))12 months of parole, in no case extending beyond the offender's ((twenty-first))21st birthday, except;

(ii) If an order of disposition imposes a commitment to the department for a juvenile offender adjudicated of an A++ juvenile disposition category offense listed in RCW 13.40.0357, adjudicated of murder in the first or second degree offense committed at age 14 or 15, adjudicated of rape in the first degree committed at age 15, or found to be armed with a firearm and sentenced to an additional ((twelve))12 months pursuant to RCW 13.40.193(3)(b), then jurisdiction for parole is automatically extended to include a period of up to ((twenty-four))24 months of parole, in no case extending beyond the offender's ((twenty-fifth))25th birthday;

(((d)))(c) While proceedings are pending in a case in which jurisdiction is vested in the adult criminal court pursuant to RCW 13.04.030, the juvenile turns ((eighteen))18 years of age and is subsequently found not guilty of the charge for which he or she was transferred, or is convicted in the adult criminal court of an offense that is not also an offense listed in RCW 13.04.030(1)(e)(v), or where the parties agree to juvenile court jurisdiction with the court's approval pursuant to RCW 13.04.030(1)(e)(v)(C)(III) and an automatic extension is ((necessary to impose the juvenile disposition as)) required by RCW 13.04.030(1)(e)(v)(C) (II) or (III); or

(((e)))(d) Pursuant to the terms of RCW 13.40.190 ((and 13.40.198)), the juvenile court maintains jurisdiction beyond the juvenile offender's ((twenty-first))21st birthday for the purpose of enforcing an order of restitution or penalty assessment.

(4) Except as otherwise provided herein, in no event may the juvenile court have authority to extend jurisdiction over any juvenile offender beyond the juvenile offender's ((twenty-first))21st birthday.

(5) Notwithstanding any extension of jurisdiction over a person pursuant to this section, the juvenile court has no jurisdiction over any offenses alleged to have been committed by a person ((eighteen))18 years of age or older.

(1) Discretionary decline hearing - The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a hearing on the question of declining jurisdiction only if:

(a) The respondent ((is))was, at the time of ((proceedings))the alleged offense, at least ((fifteen))15 years of age or older and is charged with a serious violent offense as defined in RCW 9.94A.030;

(b) The respondent ((is))was, at the time of ((proceedings))the alleged offense, ((fourteen))14 years of age or younger and is charged with murder in the first degree (RCW 9A.32.030), and/or murder in the second degree (RCW 9A.32.050); or

(c) The respondent is any age and is charged with custodial assault, RCW 9A.36.100, and, at the time the respondent is charged, is already serving a minimum juvenile sentence to age ((twenty-one))21.

(2) Mandatory decline hearing - Unless waived by the court, the parties, and their counsel, a decline hearing shall be held when the information alleges an escape by the respondent and the respondent is serving a minimum juvenile sentence to age ((twenty-one))21.

(3) The court after a decline hearing may order the case transferred for adult criminal prosecution upon a finding that the declination would be in the best interest of the juvenile or the public. The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel.

(4) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing.

NEW SECTION. Sec. 3. The changes to RCW 13.40.300(2)(b), (3)(b)(ii), and (3)(c) and to RCW 13.40.110 in this act apply retroactively to all charges that are pending on the effective date of this section and those that are filed after the effective date of this section which are based on conduct that occurred before the effective date of this section.