RCW 9.94A.745
Interstate compact for adult offender supervision.
The interstate compact for adult offender supervision is hereby entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as follows:
ARTICLE I
PURPOSE
(a) The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and, when necessary, return offenders to the originating jurisdictions. The compacting states also recognize that congress, by enacting the crime control act, 4 U.S.C. Sec. 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
(b) It is the purpose of this compact and the interstate commission created hereunder, through means of joint and cooperative action among the compacting states: To provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states.
(c) In addition, this compact will: Create an interstate commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.
(d) The compacting states recognize that there is no "right" of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the interstate commission created herein are the formation of public policies and are therefore public business.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
(a) "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.
(b) "Bylaws" means those bylaws established by the interstate commission for its governance, or for directing or controlling the interstate commission's actions or conduct.
(c) "Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.
(d) "Compacting state" means any state which has enacted the enabling legislation for this compact.
(e) "Commissioner" means the voting representative of each compacting state appointed pursuant to article III of this compact.
(f) "Interstate commission" means the interstate commission for adult offender supervision established by this compact.
(g) "Member" means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.
(h) "Noncompacting state" means any state which has not enacted the enabling legislation for this compact.
(i) "Offender" means an adult placed under, or subject, to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.
(j) "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private.
(k) "Rules" means acts of the interstate commission, duly promulgated pursuant to article VIII of this compact, substantially affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states.
(l) "State" means a state of the United States, the District of Columbia and any other territorial possessions of the United States.
(m) "State council" means the resident members of the state council for interstate adult offender supervision created by each state under article IV of this compact.
(n) "Victim" means a person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of criminal conduct against the person or a member of the person's family.
ARTICLE III
THE COMPACT COMMISSION
(a) The compacting states hereby create the "interstate commission for adult offender supervision." The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all the responsibilities, powers and duties set forth herein; including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
(b) The interstate commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state. In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the interstate commission shall be ex officio, nonvoting members. The interstate commission may provide in its bylaws for such additional, ex officio, nonvoting members as it deems necessary.
(c) Each compacting state represented at any meeting of the interstate commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.
(d) The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
(e) The interstate commission shall establish an executive committee which shall include commission officers, members and others as shall be determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee oversees the day-to-day activities managed by the executive director and interstate commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and as directed by the interstate commission and performs other duties as directed by the commission or set forth in the bylaws.
ARTICLE IV
THE STATE COUNCIL
(a) Each member state shall create a state council for interstate adult offender supervision which shall be responsible for the appointment of the commissioner who shall serve on the interstate commission from that state. Each state council shall appoint as its commissioner the compact administrator from that state to serve on the interstate commission in such capacity under or pursuant to applicable law of the member state. While each member state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims' groups, and compact administrators.
(b) Each compacting state retains the right to determine the qualifications of the compact administrator who shall be appointed by the state council or by the governor in consultation with the legislature and the judiciary.
(c) In addition to appointment of its commissioner to the national interstate commission, each state council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by each member state including, but not limited to, development of policy concerning operations and procedures of the compact within that state.
ARTICLE V
POWERS AND DUTIES OF THE
INTERSTATE COMMISSION
The interstate commission shall have the following powers:
(a) To adopt a seal and suitable bylaws governing the management and operation of the interstate commission;
(b) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;
(c) To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the compact commission;
(d) To enforce compliance with compact provisions, interstate commission rules, and bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process;
(e) To establish and maintain offices;
(f) To purchase and maintain insurance and bonds;
(g) To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs;
(h) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by article III of this compact which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder;
(i) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel;
(j) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same;
(k) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed;
(l) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
(m) To establish a budget and make expenditures and levy dues as provided in article X of this compact;
(n) To sue and be sued;
(o) To provide for dispute resolution among compacting states;
(p) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact;
(q) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission;
(r) To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity;
(s) To establish uniform standards for the reporting, collecting, and exchanging of data.
ARTICLE VI
ORGANIZATION AND OPERATION OF THE
INTERSTATE COMMISSION
(a)
Bylaws.
The interstate commission shall, by a majority of the members, within twelve months of the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
(1) Establishing the fiscal year of the interstate commission;
(2) Establishing an executive committee and such other committees as may be necessary, providing reasonable standards and procedures:
(i) For the establishment of committees, and
(ii) Governing any general or specific delegation of any authority or function of the interstate commission;
(3) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting;
(4) Establishing the titles and responsibilities of the officers of the interstate commission;
(5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the interstate commission;
(6) Providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations;
(7) Providing transition rules for "start-up" administration of the compact;
(8) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
(b)
Officers and staff.
(1) The interstate commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the bylaws. The chairperson or, in his or her absence or disability, the vice chairperson shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission: PROVIDED, That subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.
(2) The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, and hire and supervise such other staff as may be authorized by the interstate commission, but shall not be a member.
(c)
Corporate records of the interstate commission.
The interstate commission shall maintain its corporate books and records in accordance with the bylaws.
(d)
Qualified immunity, defense and indemnification.
(1) The members, officers, executive director and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities: PROVIDED, That nothing in this subsection (d)(1) shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.
(2) The interstate commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the interstate commission's representatives or employees in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities: PROVIDED, That the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.
(3) The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the interstate commission's representatives or employees harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.
ARTICLE VII
ACTIVITIES OF THE INTERSTATE COMMISSION
(a) The interstate commission shall meet and take such actions as are consistent with the provisions of this compact.
(b) Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the interstate commission, such act shall have been taken at a meeting of the interstate commission and shall have received an affirmative vote of a majority of the members present.
(c) Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.
(d) The interstate commission shall meet at least once during each calendar year. The chairperson of the interstate commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.
(e) The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.
(f) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission shall promulgate rules consistent with the principles contained in the "government in sunshine act," 5 U.S.C. Sec. 552(b), as may be amended. The interstate commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:
(1) Relate solely to the interstate commission's internal personnel practices and procedures;
(2) Disclose matters specifically exempted from disclosure by statute;
(3) Disclose trade secrets or commercial or financial information which is privileged or confidential;
(4) Involve accusing any person of a crime, or formally censuring any person;
(5) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(6) Disclose investigatory records compiled for law enforcement purposes;
(7) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;
(8) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity;
(9) Specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or proceeding.
(g) For every meeting closed pursuant to this provision, the interstate commission's chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant provision authorizing closure of the meeting. The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
(h) The interstate commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.
ARTICLE VIII
RULEMAKING FUNCTIONS OF THE
INTERSTATE COMMISSION
(a) The interstate commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.
(b) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal administrative procedure act, 5 U.S.C. Sec. 551 et seq., and the federal advisory committee act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended (hereinafter "APA"). All rules and amendments shall become binding as of the date specified in each rule or amendment.
(c) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.
(d) When promulgating a rule, the interstate commission shall:
(1) Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule;
(2) Allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available;
(3) Provide an opportunity for an informal hearing; and
(4) Promulgate a final rule and its effective date, if appropriate, based on the rulemaking record. Not later than sixty days after a rule is promulgated, any interested person may file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of such rule. If the court finds that the interstate commission's action is not supported by substantial evidence, (as defined in the APA), in the rulemaking record, the court shall hold the rule unlawful and set it aside.
(e) Subjects to be addressed within twelve months after the first meeting must at a minimum include:
(1) Notice to victims and opportunity to be heard;
(2) Offender registration and compliance;
(3) Violations/returns;
(4) Transfer procedures and forms;
(5) Eligibility for transfer;
(6) Collection of restitution and fees from offenders;
(7) Data collection and reporting;
(8) The level of supervision to be provided by the receiving state;
(9) Transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact;
(10) Mediation, arbitration and dispute resolution.
(f) The existing rules governing the operation of the previous compact superseded by this act shall be null and void twelve months after the first meeting of the interstate commission created hereunder.
(g) Upon determination by the interstate commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule.
ARTICLE IX
OVERSIGHT, ENFORCEMENT, AND DISPUTE
RESOLUTION BY THE INTERSTATE COMMISSION
(a)
Oversight.
(1) The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
(b)
Dispute resolution.
(1) The compacting states shall report to the interstate commission on issues or activities of concern to them, and cooperate with and support the interstate commission in the discharge of its duties and responsibilities.
(2) The interstate commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states.
The interstate commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(c)
Enforcement.
The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in article XII(b) of this compact.
ARTICLE X
FINANCE
(a) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
(b) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.
(c) The interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(d) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.
ARTICLE XI
COMPACTING STATES, EFFECTIVE DATE
AND AMENDMENT
(a) Any state, as defined in article II of this compact, is eligible to become a compacting state.
(b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in interstate commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.
(c) Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XII
WITHDRAWAL, DEFAULT, TERMINATION, AND
JUDICIAL ENFORCEMENT
(a)
Withdrawal.
(1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state: PROVIDED, That a compacting state may withdraw from the compact ("withdrawing state") by enacting a statute specifically repealing the statute which enacted the compact into law.
(2) The effective date of withdrawal is the effective date of the repeal.
(3) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
(b)
Default.
(1) If the interstate commission determines that any compacting state has at any time defaulted ("defaulting state") in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules, the interstate commission may impose any or all of the following penalties:
(i) Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the interstate commission;
(ii) Remedial training and technical assistance as directed by the interstate commission;
(iii) Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council.
(2) The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, interstate commission bylaws, or duly promulgated rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension. Within sixty days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer and the majority and minority leaders of the defaulting state's legislature and the state council of such termination.
(3) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
(4) The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.
(c)
Judicial enforcement.
The interstate commission may, by majority vote of the members, initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys' fees.
(d)
Dissolution of compact.
(1) The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XIII
SEVERABILITY AND CONSTRUCTION
(a) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(b) The provisions of this compact shall be liberally constructed to effectuate its purposes.
ARTICLE XIV
BINDING EFFECT OF COMPACT AND OTHER LAWS
(a)
Other laws.
(1) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
(2) All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.
(b)
Binding effect of the compact.
(1) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the compacting states.
(2) All agreements between the interstate commission and the compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
[
2001 c 35 s 2
.]
NOTES:
Short title
—
2001 c 35:
"This act shall be known and may be cited as the "interstate compact for adult offender supervision.""  [
2001 c 35 s 1
.]
Effective date
—
2001 c 35:
"(1) This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001.
*(2) The interstate compact for adult offender supervision becomes effective and binding July 1, 2001, or on the date of enactment of the interstate compact for adult offender supervision by thirty-five jurisdictions, whichever is later. In determining that the compact has become effective and binding, the code reviser may rely on the written representation of the national institute of corrections of the United States department of justice." [
2001 c 35 s 6
.]
*Reviser's note:
The interstate compact was enacted and signed into law by the thirty-fifth state on June 19, 2002.
RCW 9.94A.74501
State council.
(1) The department of corrections shall serve as the state council for interstate adult offender supervision as required under article IV of RCW 9.94A.745, the interstate compact for adult offender supervision. The department of corrections may form a subcommittee, including members representing the legislative, judicial, and executive branches of state government, and victims' groups to perform the functions of the state council. Any such subcommittee shall include representation of both houses and at least two of the four largest political caucuses in the legislature.
(2) The department or a subcommittee if formed for that purpose, shall:
(a) Review department operations and procedures under RCW 9.94A.745, and recommend policies to the compact administrator, including policies to be pursued in the administrator's capacity as the state's representative on the interstate commission created under article III of RCW 9.94A.745
; and
(b) Report annually to the legislature on interstate supervision operations and procedures under RCW 9.94A.745, including recommendations for policy changes.
(3) The secretary shall appoint an employee of the department, or a subcommittee if formed for that purpose shall appoint one of its members, to represent the state at meetings of the interstate commission created under article III of RCW 9.94A.745
when the compact administrator cannot attend.
[
2011 1st sp.s. c 40 s 31
;
2001 c 35 s 3
.]
NOTES:
Application
—
Recalculation of community custody terms
—
2011 1st sp.s. c 40:
See note following RCW 9.94A.501
.
RCW 9.94A.74502
Compact administrator.
The secretary of corrections, or an employee of the department designated by the secretary, shall serve as the compact administrator under article IV of RCW 9.94A.745, the interstate compact for adult offender supervision. The legislature intends that the compact administrator, representing the state on the interstate commission created under article III of RCW 9.94A.745, will take an active role to assure that the interstate compact operates to protect the safety of the people and communities of the state.
[
2001 c 35 s 4
.]
RCW 9.94A.74503
Other compacts and agreements
—
Withdrawal from current compact.
(1) The state shall continue to meet its obligations under RCW 9.95.270, the interstate compact for the supervision of parolees and probationers, to those states which continue to meet their obligations to the state of Washington under the interstate compact for the supervision of parolees and probationers, and have not approved the interstate compact for adult offender supervision after July 1, 2001.
(2) If a state withdraws from the interstate compact for adult offender supervision under article XII(a) of RCW 9.94A.745, the state council for interstate adult offender supervision created by RCW 9.94A.74501
shall seek to negotiate an agreement with the withdrawing state fulfilling the purposes of RCW 9.94A.745, subject to the approval of the legislature.
(3) Nothing in chapter 35, Laws of 2001 limits the secretary's authority to enter into agreements with other jurisdictions for supervision of offenders.
[
2001 c 35 s 5
.]
RCW 9.94A.74504
Supervision of transferred offenders
—
Processing transfer applications.
(1) The department may supervise nonfelony offenders transferred to Washington pursuant to RCW 9.94A.745, the interstate compact for adult offender supervision, and shall supervise these offenders according to the provisions of this chapter.
(2) The department shall process applications for interstate transfer of felony and nonfelony offenders requesting transfer of supervision out-of-state pursuant to RCW 9.94A.745, the interstate compact for adult offender supervision.
[
2022 c 29 s 3
;
2011 1st sp.s. c 40 s 14
;
2005 c 400 s 1
.]
NOTES:
Housing voucher program outcome evaluation and benefit-cost analysis
—
Transfer of residual funds to the general fund
—
2022 c 29:
See notes following RCW 9.94A.729
.
Application
—
Recalculation of community custody terms
—
2011 1st sp.s. c 40:
See note following RCW 9.94A.501
.
Application
—
2005 c 400:
"This act applies to offenders sentenced before, on, or after July 1, 2005." [
2005 c 400 s 8
.]
Effective date
—
2005 c 400:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005." [
2005 c 400 s 9
.]
RCW 9.94A.74505
Review of obligations under compact
—
Report to legislature.
(1) The department shall identify the states from which it receives adult offenders who need supervision and examine the feasibility and cost of establishing memoranda of understanding with the states that send the highest number of offenders for supervision to Washington state with the goal of achieving more balanced and equitable obligations under the interstate compact for adult offender supervision.
(2) At the next meeting of the interstate compact commission, Washington's representatives on the commission shall seek a resolution by the commission regarding:
(a) Any inequitable distribution of costs, benefits, and obligations affecting Washington under the interstate compact; and
(b) The scope of the mandatory acceptance policy and the authority of the receiving state to determine when it is no longer able to supervise an offender.
(3) The department shall examine the feasibility and cost of withdrawal from the interstate compact for adult offender supervision.
(4) The department shall report to the legislature no later than December 1, 2010, regarding:
(a) The development of memoranda of understanding with states that send the highest numbers of offenders to Washington state for supervision;
(b) The outcome of the resolution process with the interstate commission; and
(c) The feasibility and cost of withdrawal from the interstate compact for adult offender supervision.
[
2010 c 258 s 4
.]
NOTES:
Purpose
—
2010 c 258 s 4:
"The legislature has determined that it is necessary to examine patterns related to the exchange of out-of-state offenders needing supervision. The examination must assess the past action and behavior of other states that send offenders to the state of Washington for supervision to assure that the interstate compact for adult offender supervision operates to protect the safety of the people and communities of Washington and other individual states." [
2010 c 258 s 3
.]
Effective date
—
2010 c 258 ss 3 and 4:
"Sections 3 and 4 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 1, 2010." [
2010 c 258 s 5
.]
RCW 9.94A.750
Restitution.
This section applies to offenses committed on or before July 1, 1985.
(1) If restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within 180 days. The court may continue the hearing beyond the 180 days for good cause. The court shall then set a minimum monthly payment that the offender is required to make towards the restitution that is ordered. The court shall not issue any order that postpones the commencement of restitution payments until after the offender is released from total confinement. The court should take into consideration the total amount of the restitution owed, the offender's present, past, and future ability to pay, as well as any assets that the offender may have. An offender's inability to make restitution payments while in total confinement may not be the basis for a violation of his or her sentence unless his or her inability to make payments resulted from a refusal to accept an employment offer to a class I or class II job or a termination for cause from such a job.
(2) During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances.
(3)(a) Except as provided in subsection (6) of this section, restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the offense.
(b) At any time, including at sentencing, the court may determine that the offender is not required to pay, or may relieve the offender of the requirement to pay, full or partial restitution and accrued interest on restitution where the entity to whom restitution is owed is an insurer or state agency, except for restitution owed to the department of labor and industries under chapter
7.68
RCW, if the court finds that the offender does not have the current or likely future ability to pay. A person does not have the current ability to pay if the person is indigent as defined in RCW 10.01.160
(3). For the purposes of this subsection:
(i) "Insurer" means any insurer as defined and authorized under Title
48
RCW. "Insurer" does not include an individual self-insurance program or joint self-insurance program.
(ii) "Self-insurance" means a formal program of advance funding and management of entity financial exposure to a risk of loss that is not transferred through the purchase of an insurance policy or contract.
(iii) "State agency" has the same meaning as provided in RCW 42.56.010
(1).
(4) For the purposes of this section, the offender shall remain under the court's jurisdiction for a term of 10 years following the offender's release from total confinement or 10 years subsequent to the entry of the judgment and sentence, whichever period is longer. Prior to the expiration of the initial 10-year period, the superior court may extend jurisdiction under the criminal judgment an additional 10 years for payment of restitution. The portion of the sentence concerning restitution may be modified as to amount, terms and conditions during either the initial 10-year period or subsequent 10-year period if the criminal judgment is extended, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum sentence for the crime. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The offender's compliance with the restitution shall be supervised by the department only during any period which the department is authorized to supervise the offender in the community under RCW 9.94A.728, 9.94A.501, or in which the offender is in confinement in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and the department shall supervise the offender's compliance during any such period. The department is responsible for supervision of the offender only during confinement and authorized supervision and not during any subsequent period in which the offender remains under the court's jurisdiction. The county clerk is authorized to collect unpaid restitution at any time the offender remains under the jurisdiction of the court for purposes of his or her legal financial obligations.
(5) Restitution may be ordered whenever the offender is convicted of an offense which results in injury to any person or damage to or loss of property or as provided in subsection (6) of this section. In addition, restitution may be ordered to pay for an injury, loss, or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.
(6) Restitution for the crime of rape of a child in the first, second, or third degree, in which the victim becomes pregnant, shall include: (a) All of the victim's medical expenses that are associated with the rape and resulting pregnancy; and (b) child support for any child born as a result of the rape if child support is ordered pursuant to a proceeding in superior court or administrative order for support for that child. The clerk must forward any restitution payments made on behalf of the victim's child to the Washington state child support registry under chapter
26.23
RCW. Identifying information about the victim and child shall not be included in the order. The offender shall receive a credit against any obligation owing under the administrative or superior court order for support of the victim's child. For the purposes of this subsection, the offender shall remain under the court's jurisdiction until the offender has satisfied support obligations under the superior court or administrative order but not longer than a maximum term of 25 years following the offender's release from total confinement or 25 years subsequent to the entry of the judgment and sentence, whichever period is longer. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The department shall supervise the offender's compliance with the restitution ordered under this subsection.
(7) In addition to any sentence that may be imposed, an offender who has been found guilty of an offense involving fraud or other deceptive practice or an organization which has been found guilty of any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.
(8) This section does not limit civil remedies or defenses available to the victim or offender including support enforcement remedies for support ordered under subsection (6) of this section for a child born as a result of a rape of a child victim. The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim. The state or victim may enforce the court-ordered restitution in the same manner as a judgment in a civil action. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim.
[
2022 c 260 s 2
;
2018 c 123 s 1
;
2003 c 379 s 15
;
2000 c 28 s 32
. Prior:
1997 c 121 s 3
;
1997 c 52 s 1
;
1995 c 231 s 1
;
1994 c 271 s 601
;
1989 c 252 s 5
;
1987 c 281 s 3
;
1982 c 192 s 5
;
1981 c 137 s 14
. Formerly RCW 9.94A.140
.]
NOTES:
Construction
—
Effective date
—
2022 c 260:
See notes following RCW 3.66.120
.
Severability
—
Effective dates
—
2003 c 379:
See notes following RCW 9.94A.728
.
Intent
—
Purpose
—
2003 c 379 ss 13-27:
See note following RCW 9.94A.760
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
Retroactive application
—
1995 c 231 ss 1 and 2:
"Sections 1 and 2 of this act shall apply retroactively to allow courts to set restitution in cases sentenced prior to July 23, 1995, if:
(1) The court failed to set restitution within sixty days of sentencing as required by RCW 9.94A.140
prior to July 23, 1995;
(2) The defendant was sentenced no more than three hundred sixty-five days before July 23, 1995; and
(3) The defendant is not unfairly prejudiced by the delay.
In those cases, the court may set restitution within one hundred eighty days of July 23, 1995, or at a later hearing set by the court for good cause." [
1995 c 231 s 5
.]
Purpose
—
Severability
—
1994 c 271:
See notes following RCW 9A.28.020
.
Purpose
—
Prospective application
—
Effective dates
—
Severability
—
1989 c 252:
See notes following RCW 9.94A.030
.
Effective date
—
1987 c 281:
See note following RCW 7.68.020
.
RCW 9.94A.753
Restitution
—
Application dates.
This section applies to offenses committed after July 1, 1985.
(1) When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within 180 days except as provided in subsection (7) of this section. The court may continue the hearing beyond the 180 days for good cause. The court shall then set a minimum monthly payment that the offender is required to make towards the restitution that is ordered. The court shall not issue any order that postpones the commencement of restitution payments until after the offender is released from total confinement. The court should take into consideration the total amount of the restitution owed, the offender's present, past, and future ability to pay, as well as any assets that the offender may have. An offender's inability to make restitution payments while in total confinement may not be the basis for a violation of his or her sentence unless his or her inability to make payments resulted from a refusal to accept an employment offer to a class I or class II job or a termination for cause from such a job.
(2) During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances.
(3)(a) Except as provided in subsection (6) of this section, restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the crime.
(b) At any time, including at sentencing, the court may determine that the offender is not required to pay, or may relieve the offender of the requirement to pay, full or partial restitution and accrued interest on restitution where the entity to whom restitution is owed is an insurer or state agency, except for restitution owed to the department of labor and industries under chapter
7.68
RCW, if the court finds that the offender does not have the current or likely future ability to pay. A person does not have the current ability to pay if the person is indigent as defined in RCW 10.01.160
(3). For the purposes of this subsection, the terms "insurer" and "state agency" have the same meanings as provided in RCW 9.94A.750
(3).
(4) For the purposes of this section, for an offense committed prior to July 1, 2000, the offender shall remain under the court's jurisdiction for a term of 10 years following the offender's release from total confinement or 10 years subsequent to the entry of the judgment and sentence, whichever period ends later. Prior to the expiration of the initial 10-year period, the superior court may extend jurisdiction under the criminal judgment an additional 10 years for payment of restitution. For an offense committed on or after July 1, 2000, the offender shall remain under the court's jurisdiction until the obligation is completely satisfied, regardless of the statutory maximum for the crime. The portion of the sentence concerning restitution may be modified as to amount, terms, and conditions during any period of time the offender remains under the court's jurisdiction, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum sentence for the crime. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The offender's compliance with the restitution shall be supervised by the department only during any period which the department is authorized to supervise the offender in the community under RCW 9.94A.728, 9.94A.501, or in which the offender is in confinement in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and the department shall supervise the offender's compliance during any such period. The department is responsible for supervision of the offender only during confinement and authorized supervision and not during any subsequent period in which the offender remains under the court's jurisdiction. The county clerk is authorized to collect unpaid restitution at any time the offender remains under the jurisdiction of the court for purposes of his or her legal financial obligations.
(5) Restitution shall be ordered whenever the offender is convicted of an offense which results in injury to any person or damage to or loss of property or as provided in subsection (6) of this section unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment and the court sets forth such circumstances in the record. In addition, restitution shall be ordered to pay for an injury, loss, or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.
(6) Restitution for the crime of rape of a child in the first, second, or third degree, in which the victim becomes pregnant, shall include: (a) All of the victim's medical expenses that are associated with the rape and resulting pregnancy; and (b) child support for any child born as a result of the rape if child support is ordered pursuant to a civil superior court or administrative order for support for that child. The clerk must forward any restitution payments made on behalf of the victim's child to the Washington state child support registry under chapter
26.23
RCW. Identifying information about the victim and child shall not be included in the order. The offender shall receive a credit against any obligation owing under the administrative or superior court order for support of the victim's child. For the purposes of this subsection, the offender shall remain under the court's jurisdiction until the offender has satisfied support obligations under the superior court or administrative order for the period provided in RCW 4.16.020
or a maximum term of 25 years following the offender's release from total confinement or 25 years subsequent to the entry of the judgment and sentence, whichever period is longer. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The department shall supervise the offender's compliance with the restitution ordered under this subsection.
(7) Regardless of the provisions of subsections (1) through (6) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter
7.68
RCW. If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the judgment and sentence for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.
(8) In addition to any sentence that may be imposed, an offender who has been found guilty of an offense involving fraud or other deceptive practice or an organization which has been found guilty of any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.
(9) This section does not limit civil remedies or defenses available to the victim, survivors of the victim, or offender including support enforcement remedies for support ordered under subsection (6) of this section for a child born as a result of a rape of a child victim. The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim. The state or victim may enforce the court-ordered restitution in the same manner as a judgment in a civil action. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim.
(10) If a person has caused a victim to lose money or property through the filing of a vehicle report of sale in which the designated buyer had no knowledge of the vehicle transfer or the fraudulent filing of the report of sale, upon conviction or when the offender pleads guilty and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim, the court may order the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant's gain or victim's loss from the filing of the vehicle report of sale in which the designated buyer had no knowledge of the vehicle transfer or the fraudulent filing of the report of sale. Such an amount may be used to provide restitution to the victim at the order of the court. It is the duty of the prosecuting attorney to investigate the alternative of restitution, and to recommend it to the court, when the prosecuting attorney believes that restitution is appropriate and feasible. If the court orders restitution, the court must make a finding as to the amount of the victim's loss due to the filing of the report of sale in which the designated buyer had no knowledge of the vehicle transfer or the fraudulent filing of the report of sale, and if the record does not contain sufficient evidence to support such finding, the court may conduct a hearing upon the issue. For purposes of this section, "loss" refers to the amount of money or the value of property or services lost.
[
2022 c 260 s 3
;
2018 c 123 s 2
;
2016 c 86 s 5
;
2003 c 379 s 16
. Prior:
2000 c 226 s 3
;
2000 c 28 s 33
; prior:
1997 c 121 s 4
;
1997 c 52 s 2
; prior:
1995 c 231 s 2
;
1995 c 33 s 4
;
1994 c 271 s 602
;
1989 c 252 s 6
;
1987 c 281 s 4
;
1985 c 443 s 10
. Formerly RCW 9.94A.142
.]
NOTES:
Construction
—
Effective date
—
2022 c 260:
See notes following RCW 3.66.120
.
Severability
—
Effective dates
—
2003 c 379:
See notes following RCW 9.94A.728
.
Intent
—
Purpose
—
2003 c 379 ss 13-27:
See note following RCW 9.94A.760
.
Finding
—
Intent
—
Severability
—
2000 c 226:
See notes following RCW 9.94A.505
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
Retroactive application
—
1995 c 231 ss 1 and 2:
See note following RCW 9.94A.750
.
Purpose
—
Severability
—
1994 c 271:
See notes following RCW 9A.28.020
.
Purpose
—
Prospective application
—
Effective dates
—
Severability
—
1989 c 252:
See notes following RCW 9.94A.030
.
Effective date
—
1987 c 281:
See note following RCW 7.68.020
.
Severability
—
Effective date
—
1985 c 443:
See notes following RCW 7.69.010
.
RCW 9.94A.760
Legal financial obligations
—
Restitution obligations.
(1) Whenever a person is convicted in superior court, the court may order the payment of a legal financial obligation as part of the sentence. The court may not order an offender to pay costs as described in RCW 10.01.160
if the court finds that the offender at the time of sentencing is indigent as defined in RCW 10.01.160
(3). An offender being indigent as defined in RCW 10.01.160
(3) is not grounds for failing to impose restitution, subject to RCW 9.94A.750
(3) and
9.94A.753
(3). The court must on either the judgment and sentence or on a subsequent order to pay, designate the total amount of a legal financial obligation and segregate this amount among the separate assessments made for restitution, costs, fines, and other assessments required by law. On the same order, the court is also to set a sum that the offender is required to pay on a monthly basis towards satisfying the legal financial obligation. If the court fails to set the offender monthly payment amount, the department shall set the amount if the department has active supervision of the offender, otherwise the county clerk shall set the amount.
(2) Upon receipt of each payment made by or on behalf of an offender, the county clerk shall distribute the payment in the following order of priority until satisfied:
(a) First, proportionally to restitution to victims that have not been fully compensated from other sources;
(b) Second, proportionally to restitution to insurance or other sources with respect to a loss that has provided compensation to victims;
(c) Third, proportionally to crime victims' assessments that have not been waived under RCW 7.68.035
; and
(d) Fourth, proportionally to costs, fines, and other assessments required by law.
(3) If the court determines that the offender, at the time of sentencing, has the means to pay for the cost of incarceration, the court may require the offender to pay for the cost of incarceration. The court shall not order the offender to pay the cost of incarceration if the court finds that the offender at the time of sentencing is indigent as defined in RCW 10.01.160
(3). Costs of incarceration ordered by the court shall not exceed a rate of $50 per day of incarceration, if incarcerated in a prison, or the actual cost of incarceration per day of incarceration, if incarcerated in a county jail. In no case may the court require the offender to pay more than $100 per day for the cost of incarceration. All funds recovered from offenders for the cost of incarceration in the county jail shall be remitted to the county and the costs of incarceration in a prison shall be remitted to the department.
(4) The court may add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction is to be issued immediately. If the court chooses not to order the immediate issuance of a notice of payroll deduction at sentencing, the court shall add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction may be issued or other income-withholding action may be taken, without further notice to the offender if a monthly court-ordered legal financial obligation payment is not paid when due, and an amount equal to or greater than the amount payable for one month is owed.
If a judgment and sentence or subsequent order to pay does not include the statement that a notice of payroll deduction may be issued or other income-withholding action may be taken if a monthly legal financial obligation payment is past due, the department or the county clerk may serve a notice on the offender stating such requirements and authorizations. Service shall be by personal service or any form of mail requiring a return receipt.
(5)(a) Independent of the department or the county clerk, the party or entity to whom the legal financial obligation is owed shall have the authority to use any other remedies available to the party or entity to collect the legal financial obligation. These remedies include enforcement in the same manner as a judgment in a civil action by the party or entity to whom the legal financial obligation is owed. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim. The judgment and sentence shall identify the party or entity to whom restitution is owed so that the state, party, or entity may enforce the judgment.
(b) If restitution is ordered pursuant to RCW 9.94A.750
(6) or
9.94A.753
(6) to a victim of rape of a child or a victim's child born from the rape, the Washington state child support registry shall be identified as the party to whom payments must be made. Restitution obligations arising from the rape of a child in the first, second, or third degree that result in the pregnancy of the victim may be enforced for the time periods provided under RCW 9.94A.750
(6) and
9.94A.753
(6).
(c) All other restitution obligations for an offense committed prior to July 1, 2000, may be enforced at any time during the 10-year period following the offender's release from total confinement or within 10 years of entry of the judgment and sentence, whichever period ends later. Prior to the expiration of the initial 10-year period, the superior court may extend the criminal judgment an additional 10 years for payment of restitution obligations. All other restitution obligations for an offense committed on or after July 1, 2000, may be enforced at any time the offender remains under the court's jurisdiction. For an offense committed on or after July 1, 2000, the court shall retain jurisdiction over the offender, for purposes of the offender's compliance with payment of the restitution obligations, until the obligation is completely satisfied, regardless of the statutory maximum for the crime.
(d) All other legal financial obligations other than restitution may be enforced at any time during the 10-year period following the offender's release from total confinement or within 10 years of entry of the judgment and sentence, whichever period ends later. Prior to the expiration of the initial 10-year period, the superior court may extend the criminal judgment an additional 10 years for payment of nonrestitution legal financial obligations only if the court finds that the offender has the current or likely future ability to pay the obligations. A person does not have the current ability to pay if the person is indigent as defined in RCW 10.01.160
(3).
(e) The department may only supervise the offender's compliance with payment of the legal financial obligations during any period in which the department is authorized to supervise the offender in the community under RCW 9.94A.728, 9.94A.501, or in which the offender is confined in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and the department shall supervise the offender's compliance during any such period. The department is not responsible for supervision of the offender during any subsequent period of time the offender remains under the court's jurisdiction. The county clerk is authorized to collect unpaid legal financial obligations at any time the offender remains under the jurisdiction of the court for purposes of his or her legal financial obligations.
(6) In order to assist the court in setting a monthly sum that the offender must pay during the period of supervision, the offender is required to report to the department for purposes of preparing a recommendation to the court. When reporting, the offender is required, under oath, to respond truthfully and honestly to all questions concerning present, past, and future earning capabilities and the location and nature of all property or financial assets. The offender is further required to bring all documents requested by the department.
(7) After completing the investigation, the department shall make a report to the court on the amount of the monthly payment that the offender should be required to make towards a satisfied legal financial obligation.
(8)(a) During the period of supervision, the department may make a recommendation to the court that the offender's monthly payment schedule be modified so as to reflect a change in financial circumstances. If the department sets the monthly payment amount, the department may modify the monthly payment amount without the matter being returned to the court. During the period of supervision, the department may require the offender to report to the department for the purposes of reviewing the appropriateness of the collection schedule for the legal financial obligation. During this reporting, the offender is required under oath to respond truthfully and honestly to all questions concerning earning capabilities and the location and nature of all property or financial assets. The offender shall bring all documents requested by the department in order to prepare the collection schedule.
(b) Subsequent to any period of supervision, or if the department is not authorized to supervise the offender in the community, the county clerk may make a recommendation to the court that the offender's monthly payment schedule be modified so as to reflect a change in financial circumstances. If the county clerk sets the monthly payment amount, or if the department set the monthly payment amount and the department has subsequently turned the collection of the legal financial obligation over to the county clerk, the clerk may modify the monthly payment amount without the matter being returned to the court. During the period of repayment, the county clerk may require the offender to report to the clerk for the purpose of reviewing the appropriateness of the collection schedule for the legal financial obligation. During this reporting, the offender is required under oath to respond truthfully and honestly to all questions concerning earning capabilities and the location and nature of all property or financial assets. The offender shall bring all documents requested by the county clerk in order to prepare the collection schedule.
(9) After the judgment and sentence or payment order is entered, the department is authorized, for any period of supervision, to collect the legal financial obligation from the offender. Subsequent to any period of supervision or, if the department is not authorized to supervise the offender in the community, the county clerk is authorized to collect unpaid legal financial obligations from the offender. Any amount collected by the department shall be remitted daily to the county clerk for the purpose of disbursements. The department and the county clerks are authorized, but not required, to accept credit cards as payment for a legal financial obligation, and any costs incurred related to accepting credit card payments shall be the responsibility of the offender.
(10) The department or any obligee of the legal financial obligation may seek a mandatory wage assignment for the purposes of obtaining satisfaction for the legal financial obligation pursuant to RCW 9.94A.7701
. Any party obtaining a wage assignment shall notify the county clerk. The county clerks shall notify the department, or the administrative office of the courts, whichever is providing the monthly billing for the offender.
(11) The requirement that the offender pay a monthly sum towards a legal financial obligation constitutes a condition or requirement of a sentence and the offender is subject to the penalties for noncompliance as provided in RCW 9.94B.040, 9.94A.737, or
9.94A.740
. If the court determines that the offender is homeless or a person who is mentally ill, as defined in RCW 71.24.025, failure to pay a legal financial obligation is not willful noncompliance and shall not subject the offender to penalties.
(12)(a) The administrative office of the courts shall mail individualized periodic billings to the address known by the office for each offender with an unsatisfied legal financial obligation.
(b) The billing shall direct payments to the county clerk.
(c) The county clerk shall provide the administrative office of the courts with notice of payments by such offenders no less frequently than weekly.
(d) The county clerks, the administrative office of the courts, and the department shall maintain agreements to implement this subsection.
(13) The department shall arrange for the collection of unpaid legal financial obligations during any period of supervision in the community through the county clerk. The department shall either collect unpaid legal financial obligations or arrange for collections through another entity if the clerk does not assume responsibility or is unable to continue to assume responsibility for collection pursuant to subsection (5) of this section. The costs for collection services shall be paid by the offender.
(14) The county clerk may access the records of the employment security department for the purposes of verifying employment or income, seeking any assignment of wages, or performing other duties necessary to the collection of an offender's legal financial obligations.
(15) Nothing in this chapter makes the department, the state, the counties, or any state or county employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations or for the acts of any offender who is no longer, or was not, subject to supervision by the department for a term of community custody, and who remains under the jurisdiction of the court for payment of legal financial obligations.
[
2023 c 449 s 9
. Prior:
2022 c 260 s 4
;
2022 c 29 s 4
;
2018 c 269 s 14
;
2011 c 106 s 3
;
2008 c 231 s 35
;
2005 c 263 s 1
;
2004 c 121 s 3
;
2003 c 379 s 14
;
2001 c 10 s 3
; prior:
2000 c 226 s 4
;
2000 c 28 s 31
;
1999 c 196 s 6
; prior:
1997 c 121 s 5
;
1997 c 52 s 3
;
1995 c 231 s 3
;
1991 c 93 s 2
;
1989 c 252 s 3
. Formerly RCW 9.94A.145
.]
NOTES:
Effective date
—
2023 c 449:
See note following RCW 13.40.058
.
Construction
—
Effective date
—
2022 c 260:
See notes following RCW 3.66.120
.
Housing voucher program outcome evaluation and benefit-cost analysis
—
Transfer of residual funds to the general fund
—
2022 c 29:
See notes following RCW 9.94A.729
.
Construction
—
2018 c 269:
See note following RCW 10.82.090
.
Finding
—
2011 c 106:
See note following RCW 10.82.090
.
Intent
—
Application
—
Application of repealers
—
Effective date
—
2008 c 231:
See notes following RCW 9.94A.701
.
Severability
—
2008 c 231:
See note following RCW 9.94A.500
.
Intent
—
Purpose
—
2003 c 379 ss 13-27:
"The legislature intends to revise and improve the processes for billing and collecting legal financial obligations. The purpose of sections 13 through 27, chapter 379, Laws of 2003 is to respond to suggestions and requests made by county government officials, and in particular county clerks, to assume the collection of such obligations in cooperation and coordination with the department of corrections and the administrative office for [of] the courts. The legislature undertakes this effort following a collaboration between local officials, the department of corrections, and the administrative office for [of] the courts. The intent of sections 13 through 27, chapter 379, Laws of 2003 is to promote an increased and more efficient collection of legal financial obligations and, as a result, improve the likelihood that the affected agencies will increase the collections which will provide additional benefits to all parties and, in particular, crime victims whose restitution is dependent upon the collections." [
2003 c 379 s 13
.]
Severability
—
Effective dates
—
2003 c 379:
See notes following RCW 9.94A.728
.
Intent
—
Effective date
—
2001 c 10:
See notes following RCW 9.94A.505
.
Finding
—
Intent
—
Severability
—
2000 c 226:
See notes following RCW 9.94A.505
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
Construction
—
Short title
—
1999 c 196:
See RCW 72.09.904
and
72.09.905
.
Severability
—
1999 c 196:
See note following RCW 9.94A.010
.
Retroactive application
—
Captions not law
—
1991 c 93:
See notes following RCW 9.94A.7601
.
Purpose
—
Prospective application
—
Effective dates
—
Severability
—
1989 c 252:
See notes following RCW 9.94A.030
.
RCW 9.94A.7601
"Earnings," "disposable earnings," and "obligee" defined.
As used in this chapter, the term "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, hours, or otherwise, and notwithstanding any other provision of law making such payments exempt from garnishment, attachment, or other process to satisfy court-ordered legal financial obligations, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type. Earnings shall specifically include all gain derived from capital, from labor, or from both, not including profit gained through sale or conversion of capital assets. The term "disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amount required by law to be withheld. The term "obligee" means the department, party, or entity to whom the legal financial obligation is owed, or the department, party, or entity to whom the right to receive or collect support has been assigned.
[
1991 c 93 s 1
. Formerly RCW 9.94A.200005
.]
NOTES:
Retroactive application
—
1991 c 93:
"The provisions of this act are retroactive and apply to any actions commenced but not final before May 9, 1991." [
1991 c 93 s 15
.]
Captions not law
—
1991 c 93:
"Captions as used in this act constitute no part of the law." [
1991 c 93 s 12
.]
RCW 9.94A.7602
Legal financial obligation
—
Notice of payroll deduction
—
Issuance and content.
(1) The department may issue a notice of payroll deduction in a criminal action if:
(a) The court at sentencing orders its immediate issuance; or
(b) The offender is more than thirty days past due in monthly payments in an amount equal to or greater than the amount payable for one month, provided:
(i) The judgment and sentence or subsequent order to pay contains a statement that a notice of payroll deduction may be issued without further notice to the offender; or
(ii) The department has served a notice on the offender stating such requirements and authorization. Service of such notice shall be made by personal service or any form of mail requiring a return receipt.
(2) The notice of payroll deduction is to be in writing and include:
(a) The name, social security number, and identifying court case number of the offender/employee;
(b) The amount to be deducted from the offender/employee's disposable earnings each month, or alternative amounts and frequencies as may be necessary to facilitate processing of the payroll deduction by the employer;
(c) A statement that the total amount withheld on all payroll deduction notices for payment of court-ordered legal financial obligations combined shall not exceed twenty-five percent of the offender/employee's disposable earnings; and
(d) The address to which the payments are to be mailed or delivered.
(3) An informational copy of the notice of payroll deduction shall be mailed to the offender's last known address by regular mail or shall be personally served.
(4) Neither the department nor any agents of the department shall be held liable for actions taken under RCW 9.94A.760
and
9.94A.7601
through
9.94A.761
.
[
1991 c 93 s 3
. Formerly RCW 9.94A.200010
.]
NOTES:
Retroactive application
—
Captions not law
—
1991 c 93:
See notes following RCW 9.94A.7601
.
RCW 9.94A.7603
Legal financial obligations
—
Payroll deductions
—
Maximum amounts withheld, apportionment.
(1) The total amount to be withheld from the offender/employee's earnings each month, or from each earnings disbursement, shall not exceed twenty-five percent of the disposable earnings of the offender.
(2) If the offender is subject to two or more notices of payroll deduction for payment of a court-ordered legal financial obligation from different obligees, the employer or entity shall, if the nonexempt portion of the offender's earnings is not sufficient to respond fully to all notices of payroll deduction, apportion the offender's nonexempt disposable earnings between or among the various obligees equally.
[
1991 c 93 s 4
. Formerly RCW 9.94A.200015
.]
NOTES:
Retroactive application
—
Captions not law
—
1991 c 93:
See notes following RCW 9.94A.7601
.
RCW 9.94A.7604
Legal financial obligations
—
Notice of payroll deduction
—
Employer or entity rights and responsibilities.
(1) An employer or entity upon whom a notice of payroll deduction is served, shall make an answer to the department within twenty days after the date of service. The answer shall confirm compliance and institution of the payroll deduction or explain the circumstances if no payroll deduction is in effect. The answer shall also state whether the offender is employed by or receives earnings from the employer or entity, whether the employer or entity anticipates paying earnings, and the amount of earnings. If the offender is no longer employed, or receiving earnings from the employer or entity, the answer shall state the present employer or entity's name and address, if known.
(2) Service of a notice of payroll deduction upon an employer or entity requires an employer or entity to immediately make a mandatory payroll deduction from the offender/employee's unpaid disposable earnings. The employer or entity shall thereafter at each pay period deduct the amount stated in the notice divided by the number of pay periods per month. The employer or entity must remit the proper amounts to the appropriate clerk of the court on each date the offender/employee is due to be paid.
(3) The employer or entity may combine amounts withheld from the earnings of more than one employee in a single payment to the clerk of the court, listing separately the amount of the payment that is attributable to each individual employee.
(4) The employer or entity may deduct a processing fee from the remainder of the employee's earnings after withholding under the notice of payroll deduction, even if the remainder is exempt under RCW 9.94A.761
. The processing fee may not exceed:
(a) Ten dollars for the first disbursement made by the employer to the clerk of the court; and
(b) One dollar for each subsequent disbursement made under the notice of payroll deduction.
(5) The notice of payroll deduction shall remain in effect until released by the department or the court enters an order terminating the notice.
(6) An employer shall be liable to the obligee for the amount of court-ordered legal financial obligation moneys that should have been withheld from the offender/employee's earnings, if the employer:
(a) Fails or refuses, after being served with a notice of payroll deduction, to deduct and promptly remit from unpaid earnings the amounts of money required in the notice; or
(b) Fails or refuses to submit an answer to the notice of payroll deduction after being served. In such cases, liability may be established in superior court. Awards in superior court shall include costs, interest under RCW 19.52.020
and
4.56.110, reasonable attorney fees, and staff costs as part of the award.
(7) No employer who complies with a notice of payroll deduction under this chapter may be liable to the employee for wrongful withholding.
(8) No employer may discipline or discharge an employee or refuse to hire a person by reason of an action authorized in this chapter. If an employer disciplines or discharges an employee or refuses to hire a person in violation of this section, the employee or person shall have a cause of action against the employer. The employer shall be liable for double the amount of lost wages and any other damages suffered as a result of the violation and for costs and reasonable attorney fees, and shall be subject to a civil penalty of not more than two thousand five hundred dollars for each violation. The employer may also be ordered to hire, rehire, or reinstate the aggrieved individual.
[
1991 c 93 s 5
. Formerly RCW 9.94A.200020
.]
NOTES:
Retroactive application
—
Captions not law
—
1991 c 93:
See notes following RCW 9.94A.7601
.
RCW 9.94A.7605
Motion to quash, modify, or terminate payroll deduction
—
Grounds for relief.
(1) The offender subject to a payroll deduction under this chapter, may file a motion in superior court to quash, modify, or terminate the payroll deduction. The court may grant relief if:
(a) It is demonstrated that the payroll deduction causes extreme hardship or substantial injustice; or
(b) In cases where the court did not immediately order the issuance of a notice of payroll deduction at sentencing, that a court-ordered legal financial obligation payment was not more than thirty days past due in an amount equal to or greater than the amount payable for one month.
(2) Satisfactions by the offender of all past-due payments subsequent to the issuance of the notice of payroll deduction is not grounds to quash, modify, or terminate the notice of payroll deduction. If a notice of payroll deduction has been in operation for twelve consecutive months and the offender's payment towards a court-ordered legal financial obligation is current, upon motion of the offender, the court may order the department to terminate the payroll deduction, unless the department can show good cause as to why the notice of payroll deduction should remain in effect.
[
1991 c 93 s 6
. Formerly RCW 9.94A.200025
.]
NOTES:
Retroactive application
—
Captions not law
—
1991 c 93:
See notes following RCW 9.94A.7601
.
RCW 9.94A.7606
Legal financial obligations
—
Order to withhold and deliver
—
Issuance and contents.
(1) The department or county clerk may issue to any person or entity, except to the department, an order to withhold and deliver property of any kind, including but not restricted to, earnings that are due, owing, or belonging to the offender, if the department or county clerk has reason to believe that there is in the possession of such person or entity, property that is due, owing, or belonging to the offender. Such order to withhold and deliver may be issued when a court-ordered legal financial obligation payment is past due:
(a) If an offender's judgment and sentence or a subsequent order to pay includes a statement that other income-withholding action under this chapter may be taken without further notice to the offender.
(b) If a judgment and sentence or a subsequent order to pay does not include the statement that other income-withholding action under this chapter may be taken without further notice to the offender but the department or county clerk has served a notice on the offender stating such requirements and authorizations. The service shall have been made by personal service or any form of mail requiring a return receipt.
(2) The order to withhold and deliver shall:
(a) Include the amount of the court-ordered legal financial obligation;
(b) Contain a summary of moneys that may be exempt from the order to withhold and deliver and a summary of the civil liability upon failure to comply with the order; and
(c) Be served by personal service or by any form of mail requiring a return receipt.
(3) The department or county clerk shall also, on or before the date of service of the order to withhold and deliver, mail or cause to be mailed by any form of mail requiring a return receipt, a copy of the order to withhold and deliver to the offender at the offender's last known post office address, or, in the alternative, a copy of the order shall be personally served on the offender on or before the date of service of the order or within two days thereafter. The copy of the order shall be mailed or served together with an explanation of the right to petition for judicial review. If the copy is not mailed or served as this section provides, or if any irregularity appears with respect to the mailing or service, the superior court, in its discretion on motion of the offender promptly made and supported by affidavit showing that the offender has suffered substantial injury due to the failure to mail the copy, may set aside the order to withhold and deliver.
[
2011 c 106 s 5
;
1991 c 93 s 7
. Formerly RCW 9.94A.200030
.]
NOTES:
Finding
—
2011 c 106:
See note following RCW 10.82.090
.
Retroactive application
—
Captions not law
—
1991 c 93:
See notes following RCW 9.94A.7601
.
RCW 9.94A.7607
Legal financial obligations
—
Order to withhold and deliver
—
Duties and rights of person or entity served.
(1) A person or entity upon whom service has been made is hereby required to:
(a) Answer the order to withhold and deliver within twenty days, exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the order; and
(b) Provide further and additional answers when requested by the department or county clerk.
(2) Any person or entity in possession of any property that may be subject to the order to withhold and deliver shall:
(a)(i) Immediately withhold such property upon receipt of the order to withhold and deliver;
(ii) Deliver the property to the appropriate clerk of the court as soon as the twenty-day answer period expires;
(iii) Continue to withhold earnings payable to the offender at each succeeding disbursement interval and deliver amounts withheld from earnings to the appropriate clerk of the court within ten days of the date earnings are payable to the offender;
(iv) Inform the department or county clerk of the date the amounts were withheld as requested under this section; or
(b) Furnish the appropriate clerk of the court a good and sufficient bond, satisfactory to the clerk, conditioned upon final determination of liability.
(3) Where money is due and owing under any contract of employment, expressed or implied, or other employment arrangement, or is held by any person or entity subject to withdrawal by the offender, the money shall be delivered by remittance payable to the order of the appropriate clerk of the court.
(4) Delivery to the appropriate clerk of the court of the money or other property held or claimed shall satisfy the requirement and serve as full acquittance of the order to withhold and deliver.
(5) The person or entity required to withhold and deliver the earnings of a debtor under this action may deduct a processing fee from the remainder of the offender's earnings, even if the remainder would otherwise be exempt under RCW 9.94A.761
. The processing fee may not exceed:
(a) Ten dollars for the first disbursement to the appropriate clerk of the court; and
(b) One dollar for each subsequent disbursement.
(6) A person or entity shall be liable to the obligee in an amount equal to one hundred percent of the value of the court-ordered legal financial obligation that is the basis of the order to withhold and deliver, or the amount that should have been withheld, whichever amount is less, together with costs, interest, and reasonable attorneys' fees if that person or entity fails or refuses to deliver property under the order.
The department or county clerk is authorized to issue a notice of debt pursuant to and to take appropriate action to collect the debt under this chapter if a judgment has been entered as the result of an action by the court against a person or entity based on a violation of this section.
(7) Persons or entities delivering money or property to the appropriate clerk of the court under this chapter shall not be held liable for wrongful delivery.
(8) Persons or entities withholding money or property under this chapter shall not be held liable for wrongful withholding.
[
2011 c 106 s 6
;
1991 c 93 s 8
. Formerly RCW 9.94A.200035
.]
NOTES:
Finding
—
2011 c 106:
See note following RCW 10.82.090
.
Retroactive application
—
Captions not law
—
1991 c 93:
See notes following RCW 9.94A.7601
.
RCW 9.94A.7608
Legal financial obligations
—
Financial institutions
—
Service on main office or branch, effect
—
Collection actions against community bank account, court hearing.
An order to withhold and deliver or any other income-withholding action authorized by this chapter may be served on the main office of a bank, savings and loan association, or credit union or on a branch office of the financial institution. Service on the main office shall be effective to attach the deposits of an offender in the financial institution and compensation payable for personal services due the offender from the financial institution. Service on a branch office shall be effective to attach the deposits, accounts, credits, or other personal property of the offender, excluding compensation payable for personal services, in the possession or control of the particular branch served.
Notwithstanding any other provision of RCW 9.94A.760
and
9.94A.7601
through
9.94A.761, if the department or county clerk initiates collection action against a joint bank account, with or without the right of survivorship, or any other funds which are subject to the community property laws of this state, notice shall be given to all affected parties that the account or funds are subject to potential withholding. Such notice shall be by first-class mail, return receipt required, or by personal service and be given at least twenty calendar days before withholding is made. Upon receipt of such notice, the nonobligated person shall have ten calendar days to file a petition with the department or the superior court contesting the withholding of his or her interest in the account or funds. The department or county clerk shall provide notice of the right of the filing of the petition with the notice provided in this paragraph. If the petition is not filed within the period provided for herein, the department or county clerk is authorized to proceed with the collection action.
[
2011 c 106 s 7
;
1991 c 93 s 9
. Formerly RCW 9.94A.200040
.]
NOTES:
Finding
—
2011 c 106:
See note following RCW 10.82.090
.
Retroactive application
—
Captions not law
—
1991 c 93:
See notes following RCW 9.94A.7601
.
RCW 9.94A.7609
Legal financial obligations
—
Notice of debt
—
Service or mailing
—
Contents
—
Action on, when.
(1) The department or county clerk may issue a notice of debt in order to enforce and collect a court-ordered legal financial obligation debt through either a notice of payroll deduction or an order to withhold and deliver.
(2) The notice of debt may be personally served upon the offender or be mailed to the offender at his or her last known address by any form of mail requiring a return receipt, demanding payment within twenty days of the date of receipt.
(3) The notice of debt shall include:
(a) A statement of the total court-ordered legal financial obligation and the amount to be paid each month.
(b) A statement that earnings are subject to a notice of payroll deduction.
(c) A statement that earnings or property, or both, are subject to an order to withhold and deliver.
(d) A statement that the net proceeds will be applied to the satisfaction of the court-ordered legal financial obligation.
(4) Action to collect a court-ordered legal financial obligation by notice of payroll deduction or an order to withhold and deliver shall be lawful after twenty days from the date of service upon the offender or twenty days from the receipt or refusal by the offender of the notice of debt.
(5) The notice of debt will take effect only if the offender's monthly court-ordered legal financial obligation payment is not paid when due, and an amount equal to or greater than the amount payable for one month is owned [owed].
(6) The department or county clerk shall not be required to issue or serve the notice of debt in order to enforce and collect a court-ordered legal financial obligation debt through either a notice of payroll deduction or an order to withhold and deliver if either the offender's judgment and sentence or a subsequent order to pay includes a statement that income-withholding action under this chapter may be taken without further notice to the offender.
[
2011 c 106 s 8
;
1991 c 93 s 10
. Formerly RCW 9.94A.200045
.]
NOTES:
Finding
—
2011 c 106:
See note following RCW 10.82.090
.
Retroactive application
—
Captions not law
—
1991 c 93:
See notes following RCW 9.94A.7601
.
RCW 9.94A.761
Legal financial obligations
—
Exemption from notice of payroll deduction or order to withhold and deliver.
Whenever a notice of payroll deduction or order to withhold and deliver is served upon a person or entity asserting a court-ordered legal financial obligation debt against earnings and there is in the possession of the person or entity any of the earnings, RCW 6.27.150
shall not apply, but seventy-five percent of the disposable earnings shall be exempt and may be disbursed to the offender whether such earnings are paid, or to be paid weekly, monthly, or at other intervals and whether there is due the offender earnings for one week or for a longer period. The notice of payroll deduction or order to withhold and deliver shall continue to operate and require said person or entity to withhold the nonexempt portion of earnings, at each succeeding earnings disbursement interval until the entire amount of the court-ordered legal financial obligation debt has been withheld.
[
1991 c 93 s 11
. Formerly RCW 9.94A.200050
.]
NOTES:
Retroactive application
—
Captions not law
—
1991 c 93:
See notes following RCW 9.94A.7601
.
RCW 9.94A.7701
Legal financial obligations
—
Wage assignments
—
Petition or motion.
A petition or motion seeking a mandatory wage assignment in a criminal action may be filed by the department or any obligee if the offender is more than thirty days past due in monthly payments in an amount equal to or greater than the amount payable for one month. The petition or motion shall include a sworn statement by the secretary or designee, or if filed solely by an obligee, by such obligee, stating the facts authorizing the issuance of the wage assignment order, including: (1) That the offender, stating his or her name and last known residence, is more than thirty days past due in payments in an amount equal to or greater than the amount payable for one month; (2) a description of the terms of the judgment and sentence and/or payment order requiring payment of a court-ordered legal financial obligation, the total amount remaining unpaid, and the amount past due; (3) the name and address of the offender's employer; (4) that notice by personal service, or any form of mail requiring a return receipt, has been provided to the offender at least fifteen days prior to the filing of a mandatory wage assignment, unless the judgment and sentence or the order for payment states that the department or obligee may seek a mandatory wage assignment without notice to the defendant. A copy of the judgment and sentence or payment order shall be attached to the petition or motion seeking the wage assignment.
[
1989 c 252 s 9
. Formerly RCW 9.94A.2001
.]
NOTES:
Purpose
—
Prospective application
—
Effective dates
—
Severability
—
1989 c 252:
See notes following RCW 9.94A.030
.
RCW 9.94A.7702
Legal financial obligations
—
Wage assignments
—
Answer.
Upon receipt of a petition or motion seeking a mandatory wage assignment that complies with RCW 9.94A.7701, the court shall issue a wage assignment order as provided in RCW 9.94A.7704
and including the information required in RCW 9.94A.7701, directed to the employer, and commanding the employer to answer the order on the forms served with the order that comply with RCW 9.94A.7706
within twenty days after service of the order upon the employer.
[
1989 c 252 s 10
. Formerly RCW 9.94A.2002
.]
NOTES:
Purpose
—
Prospective application
—
Effective dates
—
Severability
—
1989 c 252:
See notes following RCW 9.94A.030
.
RCW 9.94A.7703
Legal financial obligations
—
Wage assignments
—
Amounts to be withheld.
(1) The wage assignment order in RCW 9.94A.7702
shall include: (a) The maximum amount or current amount owed on a court-ordered legal financial obligation, if any, to be withheld from the defendant's earnings each month, or from each earnings disbursement; and (b) the total amount of the arrearage or reimbursement judgment previously entered by the court, if any, together with interest, if any.
(2) The total amount to be withheld from the defendant's earnings each month, or from each earnings disbursement, shall not exceed twenty-five percent of the disposable earnings of the defendant. If the amounts to be paid toward the arrearage are specified in the payment order, then the maximum amount to be withheld is the sum of the current amount owed and the amount ordered to be paid toward the arrearage, or twenty-five percent of the disposable earnings of the defendant, whichever is less.
(3) If the defendant is subject to two or more attachments for payment of a court-ordered legal financial obligation on account of different obligees, the employer shall, if the nonexempt portion of the defendant's earnings is not sufficient to respond fully to all the attachments, apportion the defendant's nonexempt disposable earnings between or among the various obligees equally. Any obligee may seek a court order reapportioning the defendant's nonexempt disposable earnings upon notice to all interested parties. Notice shall be by personal service, or in the manner provided by the civil rules of superior court or applicable statute.
[
1989 c 252 s 11
. Formerly RCW 9.94A.2003
.]
NOTES:
Purpose
—
Prospective application
—
Effective dates
—
Severability
—
1989 c 252:
See notes following RCW 9.94A.030
.
RCW 9.94A.7704
Legal financial obligations
—
Wage assignments
—
Rules.
The department shall develop a form and adopt rules for the wage assignment order.
[
1989 c 252 s 12
. Formerly RCW 9.94A.2004
.]
NOTES:
Purpose
—
Prospective application
—
Effective dates
—
Severability
—
1989 c 252:
See notes following RCW 9.94A.030
.
RCW 9.94A.7705
Legal financial obligations
—
Wage assignments
—
Employer responsibilities.
(1) An employer upon whom service of a wage assignment order has been made shall answer the order by sworn affidavit within twenty days after the date of service. The answer shall state whether the offender is employed by or receives earnings from the employer, whether the employer will honor the wage assignment order, and whether there are multiple attachments against the offender.
(2) If the employer possesses any earnings due and owing to the offender, the earnings subject to the wage assignment order shall be withheld immediately upon receipt of the wage assignment order. The employer shall deliver the withheld earnings to the clerk of the court pursuant to the wage assignment order. The employer shall make the first delivery no sooner than twenty days after receipt of the wage assignment order.
(3) The employer shall continue to withhold the ordered amounts from nonexempt earnings of the offender until notified that the wage assignment has been modified or terminated. The employer shall promptly notify the clerk of the court who entered the order when the employee is no longer employed.
(4) The employer may deduct a processing fee from the remainder of the employee's earnings after withholding under the wage assignment order, even if the remainder is exempt under RCW 9.94A.7703
. The processing fee may not exceed: (a) Ten dollars for the first disbursement made by the employer to the clerk of the court; and (b) one dollar for each subsequent disbursement made under the wage assignment order.
(5) An employer who fails to withhold earnings as required by a wage assignment order issued under this chapter may be held liable for the amounts disbursed to the offender in violation of the wage assignment order, and may be found by the court to be in contempt of court and may be punished as provided by law.
(6) No employer who complies with a wage assignment order issued under this chapter may be liable to the employee for wrongful withholding.
(7) No employer may discharge, discipline, or refuse to hire an employee because of the entry or service of a wage assignment order issued and executed under this chapter. A person who violates this subsection may be found by the court to be in contempt of court and may be punished as provided by law.
(8) An employer shall deliver a copy of the wage assignment order to the obligor as soon as is reasonably possible.
[
1989 c 252 s 13
. Formerly RCW 9.94A.2005
.]
NOTES:
Purpose
—
Prospective application
—
Effective dates
—
Severability
—
1989 c 252:
See notes following RCW 9.94A.030
.
RCW 9.94A.7706
Legal financial obligations
—
Wage assignments
—
Form and rules.
The department shall develop a form and adopt rules for the wage assignment answer, and instructions for employers for preparing such answer.
[
1989 c 252 s 14
. Formerly RCW 9.94A.2006
.]
NOTES:
Purpose
—
Prospective application
—
Effective dates
—
Severability
—
1989 c 252:
See notes following RCW 9.94A.030
.
RCW 9.94A.7707
Legal financial obligations
—
Wage assignments
—
Service.
(1) Service of the wage assignment order on the employer is invalid unless it is served with five answer forms in substantial conformance with RCW 9.94A.7706, together with stamped envelopes addressed to, respectively, the clerk of the court where the order was issued, the obligee's attorney, the petitioner, the department, and the obligor. The petitioner shall also include an extra copy of the wage assignment order for the employer to deliver to the obligor. Service on the employer shall be in person or by any form of mail requiring a return receipt.
(2) On or before the date of service of the wage assignment order on the employer, the petitioner shall mail or cause to be mailed by certified mail a copy of the wage assignment order to the obligor at the obligor's last known post office address; or, in the alternative, a copy of the wage assignment order shall be served on the obligor in the same manner as a summons in a civil action on, before, or within two days after the date of service of the order on the employer. This requirement is not jurisdictional, but if the copy is not mailed or served as this subsection provides, or if any irregularity appears with respect to the mailing of service, the superior court, in its discretion, may quash the wage assignment order, upon motion of the obligor promptly made and supported by an affidavit showing that the defendant has suffered substantial injury due to the failure to mail or serve the copy.
[
1989 c 252 s 15
. Formerly RCW 9.94A.2007
.]
NOTES:
Purpose
—
Prospective application
—
Effective dates
—
Severability
—
1989 c 252:
See notes following RCW 9.94A.030
.
RCW 9.94A.7708
Legal financial obligations
—
Wage assignments
—
Hearing
—
Scope of relief.
In a hearing to quash, modify, or terminate the wage assignment order, the court may grant relief only upon a showing that the wage assignment order causes extreme hardship or substantial injustice. Satisfactions by the defendant of all past-due payments subsequent to the issuance of the wage assignment order is not grounds to quash, modify, or terminate the wage assignment order. If a wage assignment order has been in operation for twelve consecutive months and the obligor's payment towards a court-ordered legal financial obligation is current, the court may terminate the order upon motion of the obligor unless the obligee or the department can show good cause as to why the wage assignment order should remain in effect. The department shall notify the employer of any modification or termination of the wage assignment order.
[
1989 c 252 s 16
. Formerly RCW 9.94A.2008
.]
NOTES:
Purpose
—
Prospective application
—
Effective dates
—
Severability
—
1989 c 252:
See notes following RCW 9.94A.030
.
RCW 9.94A.7709
Legal financial obligations
—
Wage assignments
—
Recovery of costs, attorneys' fees.
In any action to enforce legal financial obligations under this chapter, the prevailing party is entitled to a recovery of costs, including an award for reasonable attorneys' fees. An obligor may not be considered a prevailing party under this section unless the obligee has acted in bad faith in connection with the proceeding in question.
[
1989 c 252 s 17
. Formerly RCW 9.94A.2009
.]
NOTES:
Purpose
—
Prospective application
—
Effective dates
—
Severability
—
1989 c 252:
See notes following RCW 9.94A.030
.
RCW 9.94A.772
Legal financial obligations
—
Monthly payment, starting dates
—
Construction.
Notwithstanding any other provision of state law, monthly payment or starting dates set by the court, the county clerk, or the department before or after October 1, 2003, shall not be construed as a limitation on the due date or amount of legal financial obligations, which may be immediately collected by civil means and shall not be construed as a limitation for purposes of credit reporting. Monthly payments and commencement dates are to be construed to be applicable solely as a limitation upon the deprivation of an offender's liberty for nonpayment.
[
2004 c 121 s 4
;
2003 c 379 s 22
.]
NOTES:
Severability
—
Effective dates
—
2003 c 379:
See notes following RCW 9.94A.728
.
Intent
—
Purpose
—
2003 c 379 ss 13-27:
See note following RCW 9.94A.760
.
RCW 9.94A.775
Legal financial obligations
—
Termination of supervision
—
Monitoring of payments.
If an offender with an unsatisfied legal financial obligation is not subject to supervision by the department for a term of community custody, or has not completed payment of all legal financial obligations included in the sentence at the expiration of his or her term of community custody, the department shall notify the administrative office of the courts of the termination of the offender's supervision and provide information to the administrative office of the courts to enable the county clerk to monitor payment of the remaining obligations. The county clerk is authorized to monitor payment after such notification. The secretary of corrections and the administrator for the courts shall enter into an interagency agreement to facilitate the electronic transfer of information about offenders, unpaid obligations, and payees to carry out the purposes of this section.
[
2008 c 231 s 36
;
2003 c 379 s 17
.]
NOTES:
Intent
—
Application
—
Application of repealers
—
Effective date
—
2008 c 231:
See notes following RCW 9.94A.701
.
Severability
—
2008 c 231:
See note following RCW 9.94A.500
.
Severability
—
Effective dates
—
2003 c 379:
See notes following RCW 9.94A.728
.
Intent
—
Purpose
—
2003 c 379 ss 13-27:
See note following RCW 9.94A.760
.
RCW 9.94A.777
Legal financial obligations
—
Defendants with mental health conditions.
(1) Before imposing any legal financial obligations upon a defendant who suffers from a mental health condition, other than restitution, a judge must first determine that the defendant, under the terms of this section, has the means to pay such additional sums.
(2) For the purposes of this section, a defendant suffers from a mental health condition when the defendant has been diagnosed with a mental disorder that prevents the defendant from participating in gainful employment, as evidenced by a determination of mental disability as the basis for the defendant's enrollment in a public assistance program, a record of involuntary hospitalization, or by competent expert evaluation.
[
2022 c 260 s 24
;
2010 c 280 s 6
.]
NOTES:
Construction
—
Effective date
—
2022 c 260:
See notes following RCW 3.66.120
.
RCW 9.94A.810
Transition and relapse prevention strategies.
Within the funds available for this purpose, the department shall develop and monitor transition and relapse prevention strategies, including risk assessment and release plans, to reduce risk to the community after sex offenders' terms of confinement in the custody of the department.
[
2000 c 28 s 35
.]
NOTES:
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
RCW 9.94A.820
Sex offender treatment in the community.
(1) Sex offender examinations and treatment ordered as a special condition of community custody under this chapter shall be conducted only by certified sex offender treatment providers or certified affiliate sex offender treatment providers under chapter
18.155
RCW unless the court or the department finds that: (a) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (b) the treatment provider is employed by the department; or (c)(i) no certified sex offender treatment providers or certified affiliate sex offender treatment providers are available to provide treatment within a reasonable geographic distance of the offender's home, as determined in rules adopted by the secretary; and (ii) the evaluation and treatment plan comply with the rules adopted by the department of health. A treatment provider selected by an offender under (c) of this subsection, who is not certified by the department of health shall consult with a certified sex offender treatment provider during the offender's period of treatment to ensure compliance with the rules adopted by the department of health. The frequency and content of the consultation shall be based on the recommendation of the certified sex offender treatment provider.
(2) A sex offender's failure to participate in treatment required as a condition of community custody is a violation that will not be excused on the basis that no treatment provider was located within a reasonable geographic distance of the offender's home.
[
2008 c 231 s 38
;
2004 c 38 s 10
;
2000 c 28 s 36
.]
NOTES:
Intent
—
Application
—
Application of repealers
—
Effective date
—
2008 c 231:
See notes following RCW 9.94A.701
.
Severability
—
2008 c 231:
See note following RCW 9.94A.500
.
Effective date
—
2004 c 38:
See note following RCW 18.155.075
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
RCW 9.94A.825
Deadly weapon special verdict
—
Definition.
In a criminal case wherein there has been a special allegation and evidence establishing that the accused or an accomplice was armed with a deadly weapon at the time of the commission of the crime, the court shall make a finding of fact of whether or not the accused or an accomplice was armed with a deadly weapon at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it find[s] the defendant guilty, also find a special verdict as to whether or not the defendant or an accomplice was armed with a deadly weapon at the time of the commission of the crime.
For purposes of this section, a deadly weapon is an implement or instrument which has the capacity to inflict death and from the manner in which it is used, is likely to produce or may easily and readily produce death. The following instruments are included in the term deadly weapon: Blackjack, sling shot, billy, sand club, sandbag, metal knuckles, any dirk, dagger, pistol, revolver, or any other firearm, any knife having a blade longer than three inches, any razor with an unguarded blade, any metal pipe or bar used or intended to be used as a club, any explosive, and any weapon containing poisonous or injurious gas.
[
1983 c 163 s 3
. Formerly RCW 9.94A.602, 9.94A.125
.]
NOTES:
Effective date
—
1983 c 163:
See note following RCW 9.94A.505
.
RCW 9.94A.827
Methamphetamine
—
Manufacturing with child on premises
—
Special allegation.
In a criminal case where:
(1) The defendant has been convicted of (a) manufacture of a controlled substance under RCW 69.50.401
relating to manufacture of methamphetamine; or (b) possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine, as defined in RCW 69.50.440
; and
(2) There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant committed the crime when a person under the age of eighteen was present in or upon the premises of manufacture;
the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to the special allegation.
[
2003 c 53 s 60
;
2002 c 134 s 3
;
2000 c 132 s 1
. Formerly RCW 9.94A.605, 9.94A.128
.]
NOTES:
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Effective date
—
2002 c 134:
See note following RCW 69.50.440
.
RCW 9.94A.828
Special allegation
—
Trafficking in catalytic converters.
The court shall make a finding of fact of the special allegation or, if a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to the special allegation, in a criminal case where:
(1) The defendant has been convicted of trafficking in catalytic converters in the first degree; and
(2) There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant knowingly (a) trafficked seven or more catalytic converters that were removed from a motor vehicle without fulfilling the requirements under chapter
46.79
or
46.80
RCW for lawful transfer; or (b) purchased a catalytic converter that has been removed from a motor vehicle without possessing a valid scrap processor license under chapter
46.79
RCW or vehicle wrecker license under chapter
46.80
RCW, for the purpose of selling, transferring, or exchanging them online.
[
2024 c 301 s 25
.]
NOTES:
Effective date
—
Findings
—
Intent
—
2024 c 301:
See notes following RCW 9A.82.180
.
RCW 9.94A.829
Special allegation
—
Offense committed by criminal street gang member or associate
—
Procedures.
In a criminal case in which the defendant has been convicted of unlawful possession of a firearm under RCW 9.41.040, and there has been a special allegation pleaded and proven by a preponderance of the evidence that the accused is a criminal street gang member or associate as defined in RCW 9.94A.030, the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not the accused was a criminal street gang member or associate during the commission of the crime.
[
2009 c 28 s 16
.]
NOTES:
Effective date
—
2009 c 28:
See note following RCW 2.24.040
.
RCW 9.94A.831
Special allegation
—
Assault of law enforcement personnel with a firearm
—
Procedures.
In a criminal case where:
(1) The defendant has been convicted of assaulting a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault as provided under RCW 9A.36.031
; and
(2) There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant intentionally committed the assault with what appears to be a firearm;
the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to the special allegation.
[
2009 c 141 s 1
.]
RCW 9.94A.832
Special allegation
—
Robbery in the first or second degree
—
Robbery of a pharmacy
—
Procedures.
In a criminal case where:
(1) The defendant has been convicted of robbery in the first degree or robbery in the second degree; and
(2) There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant committed a robbery of a pharmacy as defined in *RCW 18.64.011
(21);
the court shall make a finding of fact of the special allegation, or if a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to the special allegation.
[
2013 c 270 s 1
.]
NOTES:
*Reviser's note:
RCW 18.64.011
was alphabetized pursuant to RCW 1.08.015
(2)(k), changing subsection (21) to subsection (26). Subsequently, RCW 18.64.011
was alphabetized pursuant to RCW 1.08.015
(2)(k), changing subsection (26) to subsection (29).
RCW 9.94A.833
Special allegation
—
Involving minor in felony offense
—
Procedures.
(1) In a prosecution of a criminal street gang-related felony offense, the prosecution may file a special allegation that the felony offense involved the compensation, threatening, or solicitation of a minor in order to involve that minor in the commission of the felony offense, as described under RCW 9.94A.533
(10)(a).
(2) The state has the burden of proving a special allegation made under this section beyond a reasonable doubt. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the criminal street gang-related felony offense involved the compensation, threatening, or solicitation of a minor in order to involve that minor in the commission of the felony offense. If no jury is had, the court shall make a finding of fact as to whether the criminal street gang-related felony offense involved the compensation, threatening, or solicitation of a minor in order to involve that minor in the commission of the felony offense.
[
2008 c 276 s 302
.]
NOTES:
Severability
—
Part headings, subheadings not law
—
2008 c 276:
See notes following RCW 36.28A.200
.
RCW 9.94A.834
Special allegation
—
Endangerment by eluding a police vehicle
—
Procedures.
(1) The prosecuting attorney may file a special allegation of endangerment by eluding in every criminal case involving a charge of attempting to elude a police vehicle under RCW 46.61.024, when sufficient admissible evidence exists, to show that one or more persons other than the defendant or the pursuing law enforcement officer were threatened with physical injury or harm by the actions of the person committing the crime of attempting to elude a police vehicle.
(2) In a criminal case in which there has been a special allegation, the state shall prove beyond a reasonable doubt that the accused committed the crime while endangering one or more persons other than the defendant or the pursuing law enforcement officer. The court shall make a finding of fact of whether or not one or more persons other than the defendant or the pursuing law enforcement officer were endangered at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not one or more persons other than the defendant or the pursuing law enforcement officer were endangered during the commission of the crime.
[
2008 c 219 s 2
.]
NOTES:
Short title
—
2008 c 219:
"This act may be known and cited as the Guillermo "Bobby" Aguilar and Edgar F. Trevino-Mendoza public safety act of 2008." [
2008 c 219 s 1
.]
RCW 9.94A.835
Special allegation
—
Sexual motivation
—
Procedures.
(1) The prosecuting attorney shall file a special allegation of sexual motivation in every criminal case, felony, gross misdemeanor, or misdemeanor, other than sex offenses as defined in RCW 9.94A.030
when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact finder.
(2) In a criminal case wherein there has been a special allegation the state shall prove beyond a reasonable doubt that the accused committed the crime with a sexual motivation. The court shall make a finding of fact of whether or not a sexual motivation was present at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not the defendant committed the crime with a sexual motivation. This finding shall not be applied to sex offenses as defined in RCW 9.94A.030
.
(3) The prosecuting attorney shall not withdraw the special allegation of sexual motivation without approval of the court through an order of dismissal of the special allegation. The court shall not dismiss this special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful.
[
2009 c 28 s 15
;
2006 c 123 s 2
;
1999 c 143 s 11
;
1990 c 3 s 601
. Formerly RCW 9.94A.127
.]
NOTES:
Effective date
—
2009 c 28:
See note following RCW 2.24.040
.
Effective date
—
2006 c 123:
See note following RCW 9.94A.533
.
Effective date
—
Application
—
1990 c 3 ss 601-605:
"(1) Sections 601 through 605 of this act, for purposes of sentencing adult or juvenile offenders, shall take effect July 1, 1990, and shall apply to crimes or offenses committed on or after July 1, 1990.
(2) For purposes of defining a "sexually violent offense" pursuant to section 1002(4) of this act, sections 601 through 605 of this act shall take effect July 1, 1990, and shall apply to crimes committed on, before, or after July 1, 1990." [
1990 c 3 s 606
.]
RCW 9.94A.836
Special allegation
—
Offense was predatory
—
Procedures.
(1) In a prosecution for rape of a child in the first degree, rape of a child in the second degree, or child molestation in the first degree, the prosecuting attorney shall file a special allegation that the offense was predatory whenever sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding by a reasonable and objective fact finder that the offense was predatory, unless the prosecuting attorney determines, after consulting with a victim, that filing a special allegation under this section is likely to interfere with the ability to obtain a conviction.
(2) Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the offense was predatory. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the offense was predatory. If no jury is had, the court shall make a finding of fact as to whether the offense was predatory.
(3) The prosecuting attorney shall not withdraw a special allegation filed under this section without the approval of the court through an order of dismissal of the allegation. The court may not dismiss the special allegation unless it finds that the order is necessary to correct an error in the initial charging decision or that there are evidentiary problems that make proving the special allegation doubtful.
[
2006 c 122 s 1
.]
NOTES:
Effective date
—
2006 c 122 ss 1-4 and 6:
"Sections 1 through 4 and 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 20, 2006]." [
2006 c 122 s 10
.]
RCW 9.94A.837
Special allegation
—
Victim was under fifteen years of age
—
Procedures.
(1) In a prosecution for rape in the first degree, rape in the second degree, indecent liberties by forcible compulsion, or kidnapping in the first degree with sexual motivation, the prosecuting attorney shall file a special allegation that the victim of the offense was under fifteen years of age at the time of the offense whenever sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding by a reasonable and objective fact finder that the victim was under fifteen years of age at the time of the offense, unless the prosecuting attorney determines, after consulting with a victim, that filing a special allegation under this section is likely to interfere with the ability to obtain a conviction.
(2) Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the victim was under fifteen years of age at the time of the offense. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the victim was under the age of fifteen at the time of the offense. If no jury is had, the court shall make a finding of fact as to whether the victim was under the age of fifteen at the time of the offense.
(3) The prosecuting attorney shall not withdraw a special allegation filed under this section without the approval of the court through an order of dismissal of the allegation. The court may not dismiss the special allegation unless it finds that the order is necessary to correct an error in the initial charging decision or that there are evidentiary problems that make proving the special allegation doubtful.
[
2006 c 122 s 2
.]
NOTES:
Effective date
—
2006 c 122 ss 1-4 and 6:
See note following RCW 9.94A.836
.
RCW 9.94A.838
Special allegation
—
Victim had diminished capacity
—
Procedures.
(1) In a prosecution for rape in the first degree, rape in the second degree with forcible compulsion, indecent liberties with forcible compulsion, or kidnapping in the first degree with sexual motivation, the prosecuting attorney shall file a special allegation that the victim of the offense was, at the time of the offense, a person with a developmental disability or a mental disorder or a frail elder or vulnerable adult, whenever sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding by a reasonable and objective fact finder that the victim was, at the time of the offense, a person with a developmental disability or a mental disorder or a frail elder or vulnerable adult, unless the prosecuting attorney determines, after consulting with a victim, that filing a special allegation under this section is likely to interfere with the ability to obtain a conviction.
(2) Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the victim was, at the time of the offense, a person with a developmental disability or a mental disorder or a frail elder or vulnerable adult. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the victim was, at the time of the offense, a person with a developmental disability or a mental disorder or a frail elder or vulnerable adult. If no jury is had, the court shall make a finding of fact as to whether the victim was, at the time of the offense, a person with a developmental disability or a mental disorder or a frail elder or vulnerable adult.
(3) The prosecuting attorney shall not withdraw a special allegation filed under this section without the approval of the court through an order of dismissal of the allegation. The court may not dismiss the special allegation unless it finds that the order is necessary to correct an error in the initial charging decision or that there are evidentiary problems that make proving the special allegation doubtful.
(4) For purposes of this section, "person with a developmental disability," "person with a mental disorder," and "frail elder or vulnerable adult" have the same meaning as in RCW 9A.44.010
.
[
2023 c 470 s 3010
;
2006 c 122 s 3
.]
NOTES:
Explanatory statement
—
2023 c 470:
See note following RCW 10.99.030
.
Effective date
—
2006 c 122 ss 1-4 and 6:
See note following RCW 9.94A.836
.
RCW 9.94A.839
Special allegation
—
Sexual conduct with victim in return for a fee
—
Procedures.
(1) In a prosecution for a violation of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or
9A.44.089, or an anticipatory offense for a violation of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or
9A.44.089, committed on or after July 22, 2007, the prosecuting attorney may file a special allegation that the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in return for a fee, when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding by a reasonable and objective fact finder that the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in return for a fee.
(2) Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in return for a fee. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in exchange for a fee. If no jury is had, the court shall make a finding of fact as to whether the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in exchange for a fee.
(3) For purposes of this section, "sexual conduct" means sexual intercourse or sexual contact as defined in chapter
9A.44
RCW.
[
2007 c 368 s 10
.]
RCW 9.94A.840
Sex offenders
—
Release from total confinement
—
Notification of prosecutor.
(1)(a) When it appears that a person who has been convicted of a sexually violent offense may meet the criteria of a sexually violent predator as defined in RCW 71.09.020, the agency with jurisdiction over the person shall refer the person in writing to the prosecuting attorney of the county where that person was convicted, three months prior to the anticipated release from total confinement.
(b) The agency shall inform the prosecutor of the following:
(i) The person's name, identifying factors, anticipated future residence, and offense history; and
(ii) Documentation of institutional adjustment and any treatment received.
(2) This section applies to acts committed before, on, or after March 26, 1992.
(3) The agency with jurisdiction, its employees, and officials shall be immune from liability for any good-faith conduct under this section.
(4) As used in this section, "agency with jurisdiction" means that agency with the authority to direct the release of a person serving a sentence or term of confinement and includes the department of corrections, the indeterminate sentence review board, and the department of social and health services.
[
2025 c 58 s 2002
;
1992 c 45 s 1
;
1990 c 3 s 122
. Formerly RCW 9.94A.151
.]
NOTES:
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Severability
—
1992 c 45:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1992 c 45 s 8
.]
Application
—
1992 c 45:
"This act applies to sex offenses committed on, before, or after March 26, 1992." [
1992 c 45 s 10
.]
RCW 9.94A.843
Sex offenders
—
Release of information
—
Immunity.
The department, its employees, and officials, shall be immune from liability for release of information regarding sex offenders that complies with RCW 4.24.550
.
[
1990 c 3 s 123
. Formerly RCW 9.94A.152
.]
RCW 9.94A.844
Sex offenders
—
Discretionary decisions
—
Immunity.
Law enforcement agencies and the department of corrections are immune from civil liability for damages from discretionary decisions made under chapter 436, Laws of 2005 if they make a good faith effort to comply with chapter 436, Laws of 2005.
[
2005 c 436 s 5
.]
NOTES:
Reviser's note:
2005 c 436 s 6 (an expiration date section) was repealed by
2006 c 131 s 2
.
RCW 9.94A.8445
Community protection zones
—
Preemption of local regulations
—
Retrospective application.
(1) Sections 1 through 3 and 5 of chapter 436, Laws of 2005, supersede and preempt all rules, regulations, codes, statutes, or ordinances of all cities, counties, municipalities, and local agencies regarding the same subject matter. The state preemption created in this section applies to all rules, regulations, codes, statutes, and ordinances pertaining to residency restrictions for persons convicted of any sex offense at any time.
(2) This section does not apply to rules, regulations, codes, statutes, or ordinances adopted by cities, counties, municipalities, or local agencies prior to March 1, 2006, except as required by an order issued by a court of competent jurisdiction pursuant to litigation regarding the rules, regulations, codes, statutes, or ordinances.
[
2006 c 131 s 1
.]
NOTES:
Contingent expiration date
—
2006 c 131 s 1:
"(1) If the association of Washington cities submits consensus statewide standards to the governor and the legislature on or before December 31, 2007, section 1 of this act expires July 1, 2008, and may only be revived by an affirmative act of the legislature through duly enacted legislation.
(2) If the association of Washington cities does not submit consensus statewide standards to the governor and legislature on or before December 31, 2007, section 1 of this act does not expire." [
2006 c 131 s 4
.]
Reviser's note:
No consensus statewide standards on sex offender residency restrictions were delivered to the governor on or before December 31, 2007.
Residency restrictions on sex offenders
—
Statewide standards
—
2006 c 131:
"(1) The association of Washington cities, working with the cities and towns of Washington state, shall develop statewide standards for cities and towns to use when determining whether to impose residency restrictions on sex offenders within their jurisdiction.
(2) The association of Washington cities shall work in consultation with a representative from each of the following agencies and organizations:
(a) The attorney general of Washington;
(b) The Washington state association of counties;
(c) The department of corrections;
(d) The Washington state coalition of sexual assault programs;
(e) The Washington association of sheriffs and police chiefs; and
(f) Any other agencies and organizations as deemed appropriate by the association of Washington cities, such as the Washington association of prosecuting attorneys, the juvenile rehabilitation administration of the department of social and health services, the indeterminate sentence review board, the Washington association for the treatment of sexual abusers, and the *department of community, trade, and economic development.
(3) The statewide standards for whether to impose residency restrictions on sex offenders should consider the following elements:
(a) An identification of areas in which sex offenders should not reside due to concerns regarding public safety and welfare;
(b) An identification of areas in which sex offenders may reside, taking into consideration factors such as:
(i) How many housing units must reasonably be available in order to accommodate registered sex offenders in a city or town;
(ii) The average response time of emergency services to the areas;
(iii) The proximity of risk potential activities to the areas; and
(iv) The proximity of medical care, mental health care providers, and sex offender treatment providers to the areas;
(c) A prohibition against completely precluding sex offender residences within a city or town, implicating a sex offender's right to travel, or enacting a criminal regulatory measure;
(d) Appropriate civil remedies for violations of a local ordinance; and
(e) Unique local conditions that should be given due deference, such as proximity to state facilities that house or treat sex offenders.
(4) The association of Washington cities, on behalf of the cities and towns in Washington, shall present consensus statewide standards, along with any consensus recommendations and proposed legislation, to the governor and the legislature no later than December 31, 2007. The standards and any recommendations or proposed legislation must reflect a consensus among the association of Washington cities and the entities in subsection (2)(a) through (e) of this section. These entities must participate in good faith in activities carried out under this section with a goal of achieving consensus standards." [
2006 c 131 s 3
.]
*Reviser's note:
The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
RCW 9.94A.846
Sex offenders
—
Release of information.
In addition to any other information required to be released under other provisions of this chapter, the department may, pursuant to RCW 4.24.550, release information concerning convicted sex offenders confined to the department of corrections.
[
1990 c 3 s 124
. Formerly RCW 9.94A.153
.]
NOTES:
RCW 9.94A.860
Sentencing guidelines commission
—
Membership
—
Appointments
—
Terms of office
—
Expenses and compensation.
(1) The sentencing guidelines commission is hereby created, located within the office of financial management. Except as provided in RCW 9.94A.875, the commission shall serve to advise the governor and the legislature as necessary on issues relating to adult and juvenile sentencing. The commission may meet, as necessary, to accomplish these purposes within funds appropriated.
(2) The commission consists of 25 voting members, one of whom the governor shall designate as chair. With the exception of ex officio voting members, the voting members of the commission shall be appointed by the governor, or his or her designee, subject to confirmation by the senate.
(3) The voting membership consists of the following:
(a) The head of the state agency having general responsibility for adult correction programs, as an ex officio member;
(b) The director of financial management or designee, as an ex officio member;
(c) The chair of the indeterminate sentence review board, as an ex officio member;
(d) The head of the state agency, or the agency head's designee, having responsibility for juvenile corrections programs, as an ex officio member;
(e) Two prosecuting attorneys;
(f) Two attorneys with particular expertise in defense work;
(g) Four persons who are superior court judges;
(h) One person who is the chief law enforcement officer of a county or city;
(i) Five members of the public who are not prosecutors, defense attorneys, judges, or law enforcement officers, one of whom is a victim of crime, one of whom is a victim of crime or a crime victims' advocate, and one of whom has been formerly incarcerated in the state correctional system;
(j) One person who is an elected official of a county government, other than a prosecuting attorney or sheriff;
(k) One person who is an elected official of a city government;
(l) One person who is an administrator of juvenile court services;
(m) The chair of the state supreme court minority and justice commission or designee, as an ex officio member;
(n) One person representing the interests of tribes;
(o) One behavioral health professional with experience working in the criminal justice system; and
(p) One person with knowledge of and expertise in academic research in the field of criminology or sociology.
In making the appointments, the governor shall endeavor to assure that the commission membership includes adequate representation and expertise relating to both the adult criminal justice system and the juvenile justice system. In making the appointments, the governor shall seek the recommendations of Washington prosecutors in respect to the prosecuting attorney members, of the Washington state bar association in respect to the defense attorney members, of the superior court judges' association in respect to the members who are judges, of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer, of the Washington state association of counties in respect to the member who is a county official, of the association of Washington cities in respect to the member who is a city official, of the office of crime victims advocacy and other organizations of crime victims in respect to the member who is a victim of crime or a crime victims' advocate, of the Washington association of juvenile court administrators in respect to the member who is an administrator of juvenile court services, and of the Washington state institute for public policy and the relevant departments of the Washington State University and University of Washington in respect to the member with knowledge of and expertise in academic research in the field of criminology or sociology.
(4)(a) Except as provided in (b) of this subsection, all voting members of the commission, except ex officio voting members, shall serve terms of three years and until their successors are appointed and confirmed.
(b) The governor shall stagger the initial terms of the members appointed under subsection (3)(n), (o), and (p) of this section by appointing one of them for a term of one year, one of them for a term of two years, and one of them for a term of three years.
(5) The speaker of the house of representatives and the president of the senate may each appoint two nonvoting members to the commission, one from each of the two largest caucuses in each house. The members so appointed shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first.
(6) The members of the commission may be reimbursed for travel expenses as provided in RCW 43.03.050
and
43.03.060
. Legislative members may be reimbursed by their respective houses as provided under RCW 44.04.120
. Except for the reimbursement of travel expenses, members shall not be compensated.
[
2023 c 241 s 1
;
2016 c 179 s 3
;
2011 1st sp.s. c 40 s 36
;
2001 2nd sp.s. c 12 s 311
;
1996 c 232 s 3
;
1993 c 11 s 1
;
1988 c 157 s 2
;
1984 c 287 s 10
;
1981 c 137 s 6
. Formerly RCW 9.94A.060
.]
NOTES:
Findings
—
Purpose
—
2016 c 179:
See note following RCW 2.16.010
.
Application
—
Recalculation of community custody terms
—
2011 1st sp.s. c 40:
See note following RCW 9.94A.501
.
Intent
—
Severability
—
Effective dates
—
2001 2nd sp.s. c 12:
See notes following RCW 71.09.250
.
Application
—
2001 2nd sp.s. c 12 ss 301-363:
See note following RCW 9.94A.030
.
Effective dates
—
1996 c 232:
See note following RCW 13.40.030
.
Effective date
—
1993 c 11:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 12, 1993]." [
1993 c 11 s 2
.]
Application
—
1988 c 157:
See note following RCW 9.94A.030
.
Legislative findings
—
Severability
—
Effective date
—
1984 c 287:
See notes following RCW 43.03.220
.
RCW 9.94A.865
Standard sentence ranges
—
Revisions or modifications
—
Submission to legislature.
Revisions or modifications of standard sentence ranges or other standards, together with any additional list of standard sentence ranges, shall be submitted to the legislature at least every two years.
[
1986 c 257 s 19
;
1981 c 137 s 7
. Formerly RCW 9.94A.070
.]
NOTES:
Severability
—
1986 c 257:
See note following RCW 9A.56.010
.
Effective date
—
1986 c 257 ss 17-35:
See note following RCW 9.94A.030
.
RCW 9.94A.8673
Sex offender policy board
—
Membership
—
Expenses and compensation.
(1) Within funds appropriated for this purpose, the sentencing guidelines commission shall establish and maintain a sex offender policy board.
(2)(a) The board shall serve to advise the governor and the legislature as necessary on issues relating to sex offender management.
(b) At such times as the governor or a legislative committee of jurisdiction may request, the sex offender policy board may be convened to:
(i) Undertake projects to assist policymakers in making informed judgments about issues relating to sex offender policy; and
(ii) Conduct case reviews of sex offense incidents to understand performance of Washington's sex offender prevention and response systems.
(3) The sex offender policy board shall consist of thirteen voting members. Unless the member is specifically named in this section, the following organizations shall designate a person to sit on the board. The voting membership shall consist of the following:
(a) A representative of the Washington association of sheriffs and police chiefs;
(b) A representative of the Washington association of prosecuting attorneys;
(c) A representative of the Washington association of criminal defense lawyers;
(d) The chair of the indeterminate sentence review board or his or her designee;
(e) A representative of the Washington association for the treatment of sex abusers;
(f) The secretary of the department of corrections or his or her designee;
(g) A representative of the Washington state superior court judges' association;
(h) The assistant secretary of the juvenile rehabilitation administration or his or her designee;
(i) The office of crime victims advocacy in the department of commerce;
(j) A representative of the Washington state association of counties;
(k) A representative of the association of Washington cities;
(l) A representative of the Washington association of sexual assault programs; and
(m) The director of the special commitment center or his or her designee.
(4) The board shall choose its chair by majority vote from among its voting membership. The chair's term shall be two years.
(5) As appropriate, the board shall consult with the criminal justice division in the attorney general's office and the Washington institute for public policy.
(6) Members of the board shall receive no compensation but may be reimbursed for travel expenses as provided in RCW 43.03.050
and
43.03.060
.
[
2011 1st sp.s. c 40 s 37
;
2008 c 249 s 3
.]
NOTES:
Application
—
Recalculation of community custody terms
—
2011 1st sp.s. c 40:
See note following RCW 9.94A.501
.
Captions not law
—
2008 c 249:
"Captions used in this act are not any part of the law." [
2008 c 249 s 12
.]
RCW 9.94A.870
Emergency due to inmate population exceeding correctional facility capacity.
If the governor finds that an emergency exists in that the population of a state residential correctional facility exceeds its reasonable, maximum capacity, then the governor may do any one or more of the following:
(1) Call the sentencing guidelines commission into an emergency meeting for the purpose of evaluating the standard ranges and other standards. The commission may adopt any revision or amendment to the standard ranges or other standards that it believes appropriate to deal with the emergency situation. The revision or amendment shall be adopted in conformity with chapter
34.05
RCW and shall take effect on the date prescribed by the commission. The legislature shall approve or modify the commission's revision or amendment at the next legislative session after the revision or amendment takes effect. Failure of the legislature to act shall be deemed as approval of the revision or amendment;
(2) Call the clemency and pardons board into an emergency meeting for the purpose of recommending whether the governor's commutation or pardon power should be exercised to meet the present emergency.
[
1999 c 143 s 13
;
1984 c 246 s 1
;
1983 c 163 s 4
;
1981 c 137 s 16
. Formerly RCW 9.94A.160
.]
NOTES:
Severability
—
1984 c 246:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1984 c 246 s 12
.]
Effective date
—
1983 c 163:
See note following RCW 9.94A.505
.
Effective date
—
1981 c 137:
See RCW 9.94A.905
.
RCW 9.94A.875
Emergency in county jails population exceeding capacity.
If the governor finds that an emergency exists in that the populations of county jails exceed their reasonable, maximum capacity in a significant manner as a result of increases in the sentenced felon population due to implementation of chapter
9.94A
RCW, the governor may do any one or more of the following:
(1) Call the sentencing guidelines commission into an emergency meeting for the purpose of evaluating the standard ranges and other standards. The commission may adopt any revision or amendment to the standard ranges or other standards that it believes appropriate to deal with the emergency situation. The revision or amendment shall be adopted in conformity with chapter
34.05
RCW and shall take effect on the date prescribed by the commission. The legislature shall approve or modify the commission's revision or amendment at the next legislative session after the revision or amendment takes effect. Failure of the legislature to act shall be deemed as approval of the revision or amendment. The commission shall also analyze how alternatives to total confinement are being provided and used and may recommend other emergency measures that may relieve the overcrowding.
(2) Call the clemency and pardons board into an emergency meeting for the purpose of recommending whether the governor's commutation or pardon power should be exercised to meet the present emergency.
[
1984 c 209 s 9
. Formerly RCW 9.94A.165
.]
NOTES:
Effective dates
—
1984 c 209:
See note following RCW 9.94A.030
.
RCW 9.94A.880
Clemency and pardons board
—
Membership
—
Terms
—
Chair
—
Bylaws
—
Travel expenses
—
Staff.
(1) The clemency and pardons board is established as a board within the office of the governor. The board consists of 10 members appointed by the governor, subject to confirmation by the senate.
(2) In making appointments to the board, the governor shall strive to ensure racial, ethnic, geographic, gender, sexual identity, and age diversity. The board membership must include the following:
(a) A person from an underrepresented population with direct lived experience;
(b) A person with lived experience as an incarcerated individual or who has worked with the formerly incarcerated or successful community reentry;
(c) A representative of a faith-based organization or church with interest or experience in successful community reentry;
(d) A person with experience and interest in tribal affairs; and
(e) Two representatives of crime victims.
(3) Board members must attend training related to the principles of racial equity, racism, and restorative justice at least every two years.
(4) Members of the board may serve up to two terms of five years and may continue to serve until their successors are appointed and confirmed. The governor shall stagger the initial terms so that no more than three members are up for appointment in any given year. Board members as of July 27, 2025, may serve the member's remaining term.
(5) The board shall elect a chair from among its members and shall adopt bylaws governing the operation of the board. The chair shall approve training and each member's hearing preparation time as duties authorized for compensation under subsection (6) of this section.
(6) Members of the board shall each receive compensation in accordance with the provisions of RCW 43.03.250, unless waived by the member. All members shall receive travel expenses incurred in the discharge of their official duties in accordance with RCW 43.03.050
and
43.03.060
.
(7) The attorney general shall provide a staff as needed for the operation of the board.
(8) Each petition for commutation or pardon shall be reviewed by a panel of five board members. The panel membership shall be selected by a random drawing conducted by board staff.
(9) For purposes of this section, "direct lived experience" and "underrepresented population" have the meanings provided for in RCW 43.18A.010
.
[
2025 c 371 s 7
;
2011 c 336 s 335
;
1981 c 137 s 25
. Formerly RCW 9.94A.250
.]
NOTES:
Effective date
—
1981 c 137:
See RCW 9.94A.905
.
RCW 9.94A.885
Clemency and pardons board
—
Petitions for review
—
Hearing.
(1) The clemency and pardons board shall receive petitions from individuals, organizations, and the department and make recommendations to the governor for:
(a) Commutation of sentences of incarcerated individuals when the sentence no longer serves the interest of justice; and
(b) Pardoning of individuals in extraordinary cases.
(2) If a petitioner indicates in the petition an urgent need for the pardon or commutation including, but not limited to, a pending deportation order or deportation proceeding, the board shall consider expedited review of the application.
(3) The board shall receive petitions from individuals or organizations for the restoration of civil rights lost by operation of state law as a result of convictions for federal offenses or out-of-state felonies. The board may issue certificates of restoration limited to engaging in political office. Any certifications granted by the board must be filed with the secretary of state to be effective. In all other cases, the board shall make recommendations to the governor.
(4) The board shall not recommend that the governor grant clemency under subsection (1) of this section until a public hearing has been held on the petition. The prosecuting attorney of the county where the conviction was obtained shall be notified at least 90 days prior to the scheduled hearing that a petition has been filed and the date and place at which the hearing on the petition will be held. The board may waive the 90-day notice requirement in cases where it determines that waiver is necessary to permit timely action on the petition. A copy of the petition shall be sent to the prosecuting attorney. The prosecuting attorney shall make reasonable efforts to notify victims, survivors of victims, witnesses, and the law enforcement agency or agencies that conducted the investigation, of the date and place of the hearing. Information regarding victims, survivors of victims, or witnesses receiving this notice are confidential and shall not be available to the incarcerated individual seeking clemency. The board shall consider statements presented as set forth in RCW 7.69.032
. This subsection is intended solely for the guidance of the board. Nothing in this section is intended or may be relied upon to create a right or benefit, substantive or procedural, enforceable at law by any person.
(5) An applicant is eligible for a pardon, commutation, or restoration of civil rights without regard to his or her immigration status.
[
2025 c 371 s 8
. Prior:
2009 c 325 s 6
;
2009 c 138 s 4
;
1999 c 323 s 3
;
1989 c 214 s 2
;
1981 c 137 s 26
. Formerly RCW 9.94A.260
.]
NOTES:
Intent
—
1999 c 323:
"The pardoning power is vested in the governor under such regulations and restrictions as may be prescribed by law. To assist the governor in gathering the facts necessary to the wise exercise of this power, the legislature created the clemency and pardons board.
In recognition of the severe and detrimental impact of crime on victims, survivors of victims, and witnesses of crime, an intelligent recommendation on an application for clemency is dependent upon input from the victims and survivors of victims of crimes. It is the intent of the legislature to ensure that all victims and survivors of victims of crimes are afforded a meaningful role in the clemency process.
The impact of the crime on the community must also be assessed when passing upon an application for clemency. The prosecuting attorney who obtained the conviction and the law enforcement agency that conducted the investigation are uniquely situated to provide an accurate account of the offense and the impact felt by the community as a result of the offense. It is the intent of the legislature to ensure that the prosecuting attorney who obtained the conviction and the law enforcement agency that conducted the investigation are afforded a meaningful role in the clemency process." [
1999 c 323 s 1
.]
Effective date
—
1981 c 137:
See RCW 9.94A.905
.
RCW 9.94A.887
Clemency and pardons board
—
Report.
The clemency and pardons board shall transmit to the governor and the legislature, at least annually, a report of its work, in which shall be given such information as may be relevant. The information must include the names of any individuals granted commutation or a pardon in the previous calendar year, the crimes of which those individuals were convicted, and any known acts of recidivism during the preceding calendar year by any individual listed in any report submitted under this section.
[
2025 c 371 s 9
.]
RCW 9.94A.890
Abused victim
—
Resentencing for murder of abuser.
(1) The sentencing court or the court's successor shall consider recommendations from the indeterminate sentence review board for resentencing offenders convicted of murder if the indeterminate sentence review board advises the court of the following:
(a) The offender was convicted for a murder committed prior to July 23, 1989;
(b) RCW 9.94A.535
(1)(h), if effective when the offender committed the crime, would have provided a basis for the offender to seek a mitigated sentence; and
(c) Upon review of the sentence, the indeterminate sentence review board believes that the sentencing court, when originally sentencing the offender for the murder, did not consider evidence that the victim subjected the offender or the offender's children to a continuing pattern of sexual or physical abuse and the murder was in response to that abuse.
(2) The court may resentence the offender in light of RCW 9.94A.535
(1)(h) and impose an exceptional mitigating sentence pursuant to that provision. Prior to resentencing, the court shall consider any other recommendation and evidence concerning the issue of whether the offender committed the crime in response to abuse.
(3) The court shall render its decision regarding reducing the inmate's sentence no later than six months after receipt of the indeterminate sentence review board's recommendation to reduce the sentence imposed.
[
2000 c 28 s 42
;
1993 c 144 s 5
. Formerly RCW 9.94A.395
.]
NOTES:
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
Effective date
—
1993 c 144:
See note following RCW 9.95.045
.
RCW 9.94A.905
Effective date of *RCW 9.94A.080
through
9.94A.130, 9.94A.150
through
9.94A.230, 9.94A.250, 9.94A.260
—
Sentences apply to felonies committed after June 30, 1984.
*RCW 9.94A.080
through
9.94A.130, 9.94A.150
through
9.94A.230, and
9.94A.250
and
9.94A.260
shall take effect on July 1, 1984. The sentences required under this chapter shall be prescribed in each sentence which occurs for a felony committed after June 30, 1984.
[
1981 c 137 s 28
.]
NOTES:
*Reviser's note:
The majority of chapter
9.94A
RCW was recodified by
2001 c 10 s 6
. See Comparative Table for chapter
9.94A
RCW in the Table of Disposition of Former RCW Sections.
RCW 9.94A.921
Effective date
—
2000 c 28.
Sections 1 through 42 of this act take effect July 1, 2001.
[
2000 c 28 s 46
.]
RCW 9.94A.923
Nonentitlement.
Nothing in chapter 290, Laws of 2002 creates an entitlement for a criminal defendant to any specific sanction, alternative, sentence option, or substance abuse treatment.
[
2002 c 290 s 26
.]
NOTES:
Effective date
—
2002 c 290 ss 1, 4-6, 12, 13, 26, and 27:
See note following RCW 71.24.580
.
Intent
—
2002 c 290:
See note following RCW 9.94A.517
.
RCW 9.94A.925
Application
—
2003 c 379 ss 13-27.
The provisions of sections 13 through 27, chapter 379, Laws of 2003 apply to all offenders currently, or in the future, subject to sentences with unsatisfied legal financial obligations. The provisions of sections 13 through 27, chapter 379, Laws of 2003 do not change the amount of any legal financial obligation or the maximum term for which any offender is, or may be, under the jurisdiction of the court for collection of legal financial obligations.
[
2003 c 379 s 24
.]
NOTES:
Severability
—
Effective dates
—
2003 c 379:
See notes following RCW 9.94A.728
.
Intent
—
Purpose
—
2003 c 379 ss 13-27:
See note following RCW 9.94A.760
.
RCW 9.94A.926
Construction
—
Chapter applicable to state registered domestic partnerships
—
2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[
2009 c 521 s 21
.]
RCW 9.94A.930
Recodification.
The code reviser shall recodify sections within chapter
9.94A
RCW, and correct any cross-references to any such recodified sections, as necessary to simplify the organization of chapter
9.94A
RCW.
[
2001 c 10 s 6
.]