RCW 9.94A.655
Parenting sentencing alternative.
(1) An offender is eligible for the parenting sentencing alternative if:
(a) The high end of the standard sentence range for the current offense is greater than one year;
(b) The offender has no prior or current conviction for: A felony sex offense; a serious violent offense; or a felony offense where the offender was armed with a firearm or deadly weapon in the commission of the offense;
(c) The offender has no current conviction for a violent offense;
(d) The offender signs any release of information waivers required to allow information regarding current or prior child welfare cases to be shared with the department and the court; and
(e) The offender is:
(i) A parent with physical custody of a minor child;
(ii) An expectant parent;
(iii) A legal guardian of a minor child; or
(iv) A biological parent, adoptive parent, custodian, or stepparent with a proven, established, ongoing, and substantial relationship with a minor child that existed at the time of the offense.
(2) Prior juvenile adjudications are not considered offenses when considering eligibility under this section, except for any sex offense, serious violent offense, or felony offense where the offender was armed with a firearm or deadly weapon in the commission of the offense.
(3) To assist the court in making its determination, the court may order the department to complete a risk assessment report, including a family impact statement, or a chemical dependency screening report as provided in RCW 9.94A.500
prior to sentencing.
(4) If the court is considering this alternative, the court shall request that the department contact the department of children, youth, and families to determine if the agency has an open child welfare case or prior substantiated referral of abuse or neglect involving the offender or if the agency is aware of any substantiated case of abuse or neglect with a tribal child welfare agency involving the offender.
(a) If the offender has an open child welfare case or child abuse or neglect investigation, the department will provide the release of information waiver and request that the department of children, youth, and families or the tribal child welfare agency provide a report to the court. The department of children, youth, and families shall, within seven business days of the request: Provide a copy of the most recent court order entered in proceedings under chapter
13.34
or
13.36
RCW pertaining to the offender, and provide a report regarding whether the offender has been cooperative with services ordered by the court in those proceedings; or, if there is no court order or there has not been court involvement, provide a report that includes, at the minimum, the following:
(i) Legal status of the child welfare case or child protective services response;
(ii) Length of time the department of children, youth, and families has had an open child welfare case or child protective services response involving the offender; and
(iii) Any special needs of the child.
(b) The department shall report to the court if the offender has been convicted of a crime against a child.
(c) If a report is required from a tribal child welfare agency, the department shall attempt to obtain information that is similar to what is required for the report provided by the department of children, youth, and families in a timely manner.
(d) If the offender does not have an open child welfare case with the department of children, youth, and families or with a tribal child welfare agency but has prior involvement, the department will obtain information from the department of children, youth, and families on the number and type of past substantiated referrals of abuse or neglect and report that information to the court. If the department of children, youth, and families has never had any substantiated referrals or an open case with the offender, the department will inform the court.
(e) The existence of a prior substantiated referral of child abuse or neglect or of an open child welfare case does not, alone, disqualify the parent from applying or participating in this alternative. The court shall consider whether the child-parent relationship can be readily maintained during parental incarceration, and whether, due to the existence of an open child welfare case, parental incarceration exacerbates the likelihood of termination of the child-parent relationship.
(5) If the sentencing court determines that the offender is eligible for a sentencing alternative under this section and that the sentencing alternative is appropriate and should be imposed, the court shall waive imposition of a sentence within the standard sentence range and impose a sentence consisting of twelve months of community custody. The court shall consider the offender's criminal history when determining if the alternative is appropriate. The court shall also give great weight to the minor child's best interest.
(6) When a court imposes a sentence of community custody under this section:
(a) The court may impose conditions as provided in RCW 9.94A.703
and may impose other affirmative conditions as the court considers appropriate.
(b) The department may impose conditions as authorized in RCW 9.94A.704
that may include, but are not limited to:
(i) Parenting classes;
(ii) Chemical dependency treatment;
(iii) Mental health treatment;
(iv) Vocational training;
(v) Change programs;
(vi) Life skills classes.
(c) The department shall report to the court if the offender commits any violations of his or her sentence conditions.
(7) The department shall provide the court with quarterly progress reports regarding the offender's progress in required programming, treatment, and other supervision conditions. When an offender has an open child welfare case, the department will seek to coordinate services with the department of children, youth, and families.
(8)(a) The court may bring any offender sentenced under this section back into court at any time during the period of community custody on its own initiative to evaluate the offender's progress in treatment, or to determine if any violations of the conditions of the sentence have occurred.
(b) At the commencement of such a hearing, the court shall advise the offender sentenced under this section of the offender's right to assistance of counsel and appoint counsel if the offender is indigent.
(c) If the offender is brought back to court, the court may modify the conditions of community custody or impose sanctions under (d) of this subsection, including extending the length of participation in the alternative program by no more than six months.
(d) The court may order the offender to serve a term of total confinement within the standard range of the offender's current offense at any time during the period of community custody, if the offender violates the conditions or requirements of the sentence or if the offender is failing to make satisfactory progress in treatment.
(e) An offender ordered to serve a term of total confinement under (d) of this subsection shall receive credit for any time previously served in confinement under this section.
(f) An offender sentenced under this section is subject to all rules relating to earned release time with respect to any period served in total confinement.
(9) The state and its agencies, officers, agents, or employees are not liable for the acts of offenders participating in the sentencing alternative under this section unless the state or its agencies, officers, agents, or employees act with willful disregard of a known risk of immediate harm.
(10) For the purposes of this section:
(a) "Expectant parent" means a pregnant or other parent awaiting the birth of his or her child, or an adoptive parent or person in the process of a final adoption.
(b) "Minor child" means a child under the age of eighteen.
[
2020 c 137 s 2
;
2018 c 58 s 45
;
2010 c 224 s 2
.]
NOTES:
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
RCW 9.94A.6551
Partial confinement as a part of a parenting program.
(1) For an incarcerated individual not sentenced under RCW 9.94A.655, but otherwise eligible under this section, no more than the final 18 months of the incarcerated individual's term of confinement may be served in partial confinement as home detention as part of the parenting program developed by the department.
(2) The secretary may transfer an incarcerated individual from a correctional facility to home detention in the community if it is determined that the parenting program is an appropriate placement and when all of the following conditions exist:
(a) The incarcerated individual is serving a sentence in which the high end of the range is greater than one year;
(b) The incarcerated individual has no current conviction for a felony that is classified as a sex offense or a serious violent offense;
(c) The incarcerated individual has no current conviction for a violent offense, or where the incarcerated individual has a current conviction for a violent offense, he or she has not been determined to be a high risk to reoffend;
(d) The incarcerated individual signs any release of information waivers required to allow information regarding current or prior child welfare cases to be shared with the department and the court;
(e) The incarcerated individual is:
(i) A parent with guardianship or legal custody of a minor child;
(ii) An expectant parent;
(iii) A biological parent, adoptive parent, custodian, caregiver, or stepparent with a proven, established, ongoing, and substantial relationship with a minor child that existed at the time of the offense; or
(iv) An individual expected to take over the duties of a caregiver or parent and be responsible for exercising the day-to-day care and control of a minor child, who has a proven, established, ongoing, and substantial relationship with the minor child, and who is not prohibited from contact with a minor child by any law, court order, or any other restriction; and
(f) The department determines that the incarcerated individual's participation in the parenting program is in the best interests of the child. Nothing in this section provides the department with authority to determine placement of a minor child.
(3) Except for sex offenses and serious violent offenses, prior juvenile adjudications are not considered offenses when considering eligibility for the parenting program developed by the department.
(4) When the department is considering partial confinement as part of the parenting program for an incarcerated individual, the department shall inquire of the individual and the department of children, youth, and families whether the agency has an open child welfare case or prior substantiated referral for abuse or neglect involving the incarcerated individual.
(5) If the department of children, youth, and families or a tribal jurisdiction has an open child welfare case, the department will seek input from the department of children, youth, and families or the involved tribal jurisdiction as to: (a) The status of the child welfare case; and (b) recommendations regarding placement of the incarcerated individual, services agreed to by the incarcerated individual working voluntarily with the department, or services ordered by the court within the incarcerated individual's child welfare case. The department and its officers, agents, and employees are not liable for the acts of incarcerated individuals participating in the parenting program unless the department or its officers, agents, and employees acted with willful and wanton disregard.
(6) All incarcerated individuals placed on home detention as part of the parenting program shall provide an approved residence and living arrangement prior to transfer to home detention.
(7) The department may not transfer an incarcerated individual to participate in the parenting program until the department has a clinically appropriate evaluation for substance use disorder. If the incarcerated individual is diagnosed to have a substance use disorder, the department shall assist the incarcerated individual in enrolling in substance use disorder treatment services at the level deemed clinically appropriate. Individuals transferred to participate in the parenting program, and diagnosed with a substance use disorder, must begin receiving substance use disorder treatment services as soon as practicable after transfer to avoid any delays in treatment. Substance use disorder treatment services shall include, as deemed necessary by the evaluation, access to medication-assisted treatment and counseling programs. Upon transfer to the parenting program, when clinically appropriate, individuals must be provided with access to self-administered fentanyl testing supplies and medications designed to reverse the effects of opioid overdose.
(8) While in the community on home detention as part of the parenting program, the department shall:
(a) Require the individual to be placed on electronic home monitoring;
(b) Require the individual to participate in programming and treatment that the department determines is needed after consideration of the individual's stated needs;
(c) Assign a community corrections officer who will monitor the individual's compliance with conditions of partial confinement and programming requirements; and
(d) If the individual has an open child welfare case with the department of children, youth, and families, collaborate and communicate with the identified social worker in the provision of services.
(9) The department has the authority to return any incarcerated individual serving partial confinement in the parenting program to total confinement if the individual is not complying with sentence requirements.
(10) If the individual's earned release date changes after placement in partial confinement under this section, the department may extend the duration of participation in the alternative program by no more than six months or up to the earned release date, whichever comes first.
(11) For the purposes of this section:
(a) "Expectant parent" means a pregnant or other parent awaiting the birth of his or her child, or an adoptive parent or person in the process of a final adoption.
(b) "Minor child" means a child under the age of 18.
[
2025 c 407 s 4
;
2024 c 193 s 1
;
2020 c 137 s 3
;
2018 c 58 s 47
;
2010 c 224 s 8
.]
NOTES:
Retroactive application
—
2025 c 407:
"The changes to restrictions on the community parenting alternative and partial confinement under sections 2 through 7 of this act apply prospectively and retroactively to persons currently serving a sentence in any facility or institution either operated by the state or utilized under contract." [
2025 c 407 s 8
.]
Findings
—
Intent
—
2025 c 407:
"The legislature recognizes that partial confinement programs play a critical role in rehabilitation and the reduction of recidivism. The legislature finds that different partial confinement programs can meet the rehabilitative needs of different individuals. The legislature finds that aligning participation timelines for programs will allow incarcerated individuals to engage in the program best suited for their individual circumstances." [
2025 c 407 s 1
.]
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
RCW 9.94A.660
Drug offender sentencing alternative
—
Prison-based or residential alternative.
(Effective until January 1, 2026.)
(1) An offender is eligible for the special drug offender sentencing alternative if:
(a) The offender is convicted of a felony that is not a violent offense and the violation does not involve a sentence enhancement under RCW 9.94A.533
(3) or (4);
(b) The offender is convicted of a felony that is not a felony driving while under the influence of intoxicating liquor or any drug under RCW 46.61.502
(6) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug under RCW 46.61.504
(6);
(c) The offender has no current or prior convictions for a sex offense for which the offender is currently or may be required to register pursuant to RCW 9A.44.130
;
(d) The offender has no prior convictions in this state, and no prior convictions for an equivalent out-of-state or federal offense, for the following offenses during the following time frames:
(i) Robbery in the second degree that did not involve the use of a firearm and was not reduced from robbery in the first degree within seven years before conviction of the current offense; or
(ii) Any other violent offense within ten years before conviction of the current offense;
(e) For a violation of the uniform controlled substances act under chapter
69.50
RCW or a criminal solicitation to commit such a violation under chapter
9A.28
RCW, the offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance;
(f) The offender has not been found by the United States attorney general to be subject to a deportation detainer or order and does not become subject to a deportation order during the period of the sentence; and
(g) The offender has not received a drug offender sentencing alternative more than once in the prior ten years before the current offense.
(2) A motion for a special drug offender sentencing alternative may be made by the court, the offender, or the state.
(3) If the sentencing court determines that the offender is eligible for an alternative sentence under this section and that the alternative sentence is appropriate, the court shall waive imposition of a sentence within the standard sentence range and impose a sentence consisting of either a prison-based alternative under RCW 9.94A.662
or a residential substance use disorder treatment-based alternative under RCW 9.94A.664
. The residential substance use disorder treatment-based alternative is only available if the midpoint of the standard range is twenty-six months or less.
(4)(a) To assist the court in making its determination, the court may order the department to complete either or both a risk assessment report and a substance use disorder screening report as provided in RCW 9.94A.500
.
(b) To assist the court in making its determination in domestic violence cases, the court shall order the department to complete a presentence investigation and a chemical dependency screening report as provided in RCW 9.94A.500, unless otherwise specifically waived by the court.
(5) If the court is considering imposing a sentence under the residential substance use disorder treatment-based alternative, the court may order an examination of the offender by the department. The examination must be performed by an agency certified by the department of health to provide substance use disorder services. The examination shall, at a minimum, address the following issues:
(a) Whether the offender suffers from a substance use disorder;
(b) Whether the substance use disorder is such that there is a probability that criminal behavior will occur in the future;
(c) Whether effective treatment for the offender's substance use disorder is available from a provider that has been licensed or certified by the department of health, and where applicable, whether effective domestic violence perpetrator treatment is available from a state-certified domestic violence treatment provider pursuant to RCW 43.20A.735
; and
(d) Whether the offender and the community will benefit from the use of the alternative.
(6) When a court imposes a sentence of community custody under this section:
(a) The court may impose conditions as provided in RCW 9.94A.703
and may impose other affirmative conditions as the court considers appropriate. In addition, an offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring for alcohol or controlled substances, or in cases of domestic violence for monitoring with global positioning system technology for compliance with a no-contact order.
(b) The department may impose conditions and sanctions as authorized in RCW 9.94A.704
and
9.94A.737
.
(7)(a) The court may bring any offender sentenced under this section back into court at any time on its own initiative to evaluate the offender's progress in treatment or to determine if any violations of the conditions of the sentence have occurred.
(b) If the offender is brought back to court, the court may modify the conditions of the community custody or impose sanctions under (c) of this subsection.
(c) The court may order the offender to serve a term of total confinement within the standard range of the offender's current offense at any time during the period of community custody if the offender violates the conditions or requirements of the sentence or if the offender is failing to make satisfactory progress in treatment.
(d) An offender ordered to serve a term of total confinement under (c) of this subsection shall receive credit for time previously served in total or partial confinement and inpatient treatment under this section, and shall receive fifty percent credit for time previously served in community custody under this section.
(8) In serving a term of community custody imposed upon failure to complete, or administrative termination from, the special drug offender sentencing alternative program, the offender shall receive no credit for time served in community custody prior to termination of the offender's participation in the program.
(9) An offender sentenced under this section shall be subject to all rules relating to earned release time with respect to any period served in total confinement.
(10) The Washington state institute for public policy shall submit a report to the governor and the appropriate committees of the legislature by November 1, 2022, analyzing the effectiveness of the drug offender sentencing alternative in reducing recidivism among various offender populations. An additional report is due November 1, 2028, and every five years thereafter. The Washington state institute for public policy may coordinate with the department and the caseload forecast council in tracking data and preparing the report.
[
2021 c 215 s 102
;
2020 c 252 s 1
. Prior:
2019 c 325 s 5002
;
2019 c 263 s 502
;
2016 sp.s. c 29 s 524
;
2009 c 389 s 3
; (2009 c 389 s 2 expired August 1, 2009);
2008 c 231 s 30
;
2006 c 339 s 302
;
2006 c 73 s 10
;
2005 c 460 s 1
; prior:
2002 c 290 s 20
;
2002 c 175 s 10
;
2001 c 10 s 4
;
2000 c 28 s 19
.]
NOTES:
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Effective date
—
2020 c 252:
"This act takes effect January 1, 2021." [
2020 c 252 s 5
.]
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
2019 c 263 ss 202-803:
See note following RCW 10.01.240
.
Effective date
—
2019 c 263 ss 501-504, 601, 602, and 701-708:
See note following RCW 9.94A.500
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2009 c 389 ss 1 and 3-5:
See note following RCW 9.94A.505
.
Effective date
—
2009 c 389 s 2:
"Section 2 of 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 immediately [May 7, 2009]." [
2009 c 389 s 7
.]
Expiration date
—
2009 c 389 s 2:
"Section 2 of this act expires August 1, 2009." [
2009 c 389 s 9
.]
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
—
Part headings not law
—
2006 c 339:
See notes following RCW 74.34.020
.
Effective date
—
2006 c 73:
See note following RCW 46.61.502
.
Application
—
2005 c 460:
"This act applies to sentences imposed on or after October 1, 2005." [
2005 c 460 s 2
.]
Effective date
—
2005 c 460:
"This act takes effect October 1, 2005." [
2005 c 460 s 3
.]
Effective date
—
2002 c 290 ss 7-11 and 14-23:
See note following RCW 9.94A.515
.
Intent
—
2002 c 290:
See note following RCW 9.94A.517
.
Effective date
—
2002 c 175:
See note following RCW 7.80.130
.
Intent
—
Effective date
—
2001 c 10:
See notes following RCW 9.94A.505
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
PDF
RCW 9.94A.660
Drug offender sentencing alternative
—
Prison-based or residential alternative.
(Effective January 1, 2026.)
(1) An offender is eligible for the special drug offender sentencing alternative if:
(a) The offender is convicted of a felony that is not a violent offense and the violation does not involve a sentence enhancement under RCW 9.94A.533
(3) or (4);
(b) The offender is convicted of a felony that is not a felony driving while under the influence of intoxicating liquor or any drug under RCW 46.61.502
(6) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug under RCW 46.61.504
(6);
(c) The offender has no current or prior convictions for a sex offense for which the offender is currently or may be required to register pursuant to RCW 9A.44.130
;
(d) The offender has no prior convictions in this state, and no prior convictions for an equivalent out-of-state or federal offense, for the following offenses during the following time frames:
(i) Robbery in the second degree that did not involve the use of a firearm and was not reduced from robbery in the first degree within seven years before conviction of the current offense; or
(ii) Any other violent offense within 10 years before conviction of the current offense;
(e) For a violation of the uniform controlled substances act under chapter
69.50
RCW or a criminal solicitation to commit such a violation under chapter
9A.28
RCW, the offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance;
(f) The offender has not been found by the United States attorney general to be subject to a deportation detainer or order and does not become subject to a deportation order during the period of the sentence; and
(g) The offender has not received a drug offender sentencing alternative under this section, or a drug offender sentencing alternative for driving under the influence under RCW 9.94A.661, more than once in the prior 10 years before the current offense.
(2) A motion for a special drug offender sentencing alternative may be made by the court, the offender, or the state.
(3) If the sentencing court determines that the offender is eligible for an alternative sentence under this section and that the alternative sentence is appropriate, the court shall waive imposition of a sentence within the standard sentence range and impose a sentence consisting of either a prison-based alternative under RCW 9.94A.662
or a residential substance use disorder treatment-based alternative under RCW 9.94A.664
. The residential substance use disorder treatment-based alternative is only available if the midpoint of the standard sentence range is 26 months or less.
(4)(a) To assist the court in making its determination, the court may order the department to complete either or both a risk assessment report and a substance use disorder screening report as provided in RCW 9.94A.500
.
(b) To assist the court in making its determination in domestic violence cases, the court shall order the department to complete a presentence investigation and a chemical dependency screening report as provided in RCW 9.94A.500, unless otherwise specifically waived by the court.
(5) If the court is considering imposing a sentence under the residential substance use disorder treatment-based alternative, the court may order an examination of the offender by the department. The examination must be performed by an agency licensed or certified by the department of health to provide substance use disorder services. The examination shall, at a minimum, address the following issues:
(a) Whether the offender suffers from a substance use disorder;
(b) Whether effective treatment for the offender's substance use disorder is available from a provider that has been licensed or certified by the department of health, and where applicable, whether effective domestic violence perpetrator treatment is available from a state-certified domestic violence treatment provider pursuant to RCW 43.20A.735
; and
(c) Whether the offender and the community will benefit from the use of the alternative.
(6) When a court imposes a sentence of community custody under this section:
(a) The court may impose conditions as provided in RCW 9.94A.703
and may impose other affirmative conditions as the court considers appropriate. In addition, an offender may be required to pay $30 per month while on community custody to offset the cost of monitoring for alcohol or controlled substances, or in cases of domestic violence for monitoring with global positioning system technology for compliance with a no-contact order.
(b) The department may impose conditions and sanctions as authorized in RCW 9.94A.704
and
9.94A.737
.
(7)(a) The court may bring any offender sentenced under this section back into court at any time on its own initiative to evaluate the offender's progress in treatment or to determine if any violations of the conditions of the sentence have occurred.
(b) If the offender is brought back to court, the court may modify the conditions of the community custody or impose sanctions under (c) of this subsection.
(c) The court may order the offender to serve a term of total confinement within the standard sentence range of the offender's current offense at any time during the period of community custody if the offender violates the conditions or requirements of the sentence or if the offender is failing to make satisfactory progress in treatment.
(d) An offender ordered to serve a term of total confinement under (c) of this subsection shall receive credit for time previously served in total or partial confinement and inpatient treatment under this section, and shall receive 50 percent credit for time previously served in community custody under this section.
(8) In serving a term of community custody imposed upon failure to complete, or administrative termination from, the special drug offender sentencing alternative program, the offender shall receive no credit for time served in community custody prior to termination of the offender's participation in the program.
(9) An offender sentenced under this section shall be subject to all rules relating to earned release time with respect to any period served in total confinement.
(10) The Washington state institute for public policy shall submit a report to the governor and the appropriate committees of the legislature by November 1, 2022, analyzing the effectiveness of the drug offender sentencing alternative in reducing recidivism among various offender populations. An additional report is due November 1, 2028, and every five years thereafter. The Washington state institute for public policy may coordinate with the department and the caseload forecast council in tracking data and preparing the report.
[
2024 c 306 s 9
;
2021 c 215 s 102
;
2020 c 252 s 1
. Prior:
2019 c 325 s 5002
;
2019 c 263 s 502
;
2016 sp.s. c 29 s 524
;
2009 c 389 s 3
; (2009 c 389 s 2 expired August 1, 2009);
2008 c 231 s 30
;
2006 c 339 s 302
;
2006 c 73 s 10
;
2005 c 460 s 1
; prior:
2002 c 290 s 20
;
2002 c 175 s 10
;
2001 c 10 s 4
;
2000 c 28 s 19
.]
NOTES:
Effective date
—
2024 c 306:
See note following RCW 9.94A.661
.
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Effective date
—
2020 c 252:
"This act takes effect January 1, 2021." [
2020 c 252 s 5
.]
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
2019 c 263 ss 202-803:
See note following RCW 10.01.240
.
Effective date
—
2019 c 263 ss 501-504, 601, 602, and 701-708:
See note following RCW 9.94A.500
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2009 c 389 ss 1 and 3-5:
See note following RCW 9.94A.505
.
Effective date
—
2009 c 389 s 2:
"Section 2 of 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 immediately [May 7, 2009]." [
2009 c 389 s 7
.]
Expiration date
—
2009 c 389 s 2:
"Section 2 of this act expires August 1, 2009." [
2009 c 389 s 9
.]
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
—
Part headings not law
—
2006 c 339:
See notes following RCW 74.34.020
.
Effective date
—
2006 c 73:
See note following RCW 46.61.502
.
Application
—
2005 c 460:
"This act applies to sentences imposed on or after October 1, 2005." [
2005 c 460 s 2
.]
Effective date
—
2005 c 460:
"This act takes effect October 1, 2005." [
2005 c 460 s 3
.]
Effective date
—
2002 c 290 ss 7-11 and 14-23:
See note following RCW 9.94A.515
.
Intent
—
2002 c 290:
See note following RCW 9.94A.517
.
Effective date
—
2002 c 175:
See note following RCW 7.80.130
.
Intent
—
Effective date
—
2001 c 10:
See notes following RCW 9.94A.505
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
RCW 9.94A.661
Drug offender sentencing alternative
—
Driving under the influence.
(Effective January 1, 2026.)
(1) An offender is eligible for the special drug offender sentencing alternative for driving under the influence if the offender:
(a) Does not have a prior conviction under RCW 46.61.520, 46.61.522, 46.61.502
(6), or
46.61.504
(6); and either
(b) Is convicted of felony driving while under the influence of intoxicating liquor, cannabis, or any drug under RCW 46.61.502
(6)(a); or
(c) Is convicted of felony physical control of a vehicle while under the influence of intoxicating liquor or any drug under RCW 46.61.504
(6)(a).
(2) A motion for a special drug offender sentencing alternative for driving under the influence may be made by the court, the offender, or the state if the midpoint of the standard sentence range is 26 months or less. If an offender has a higher midpoint, a motion for a special drug offender sentencing alternative for driving under the influence can only be made by joint agreement of the state and offender.
(3) If the sentencing court determines that the offender is eligible for an alternative sentence under this section and that the alternative sentence is appropriate, the court shall waive imposition of a sentence within the standard sentence range and:
(a) Impose a sentence equivalent to a prison-based alternative under RCW 9.94A.662, and subject to the same requirements and restrictions as are established in that section, if the low end of the standard sentence range is greater than 24 months; or
(b) Impose a sentence consisting of a residential treatment-based alternative consistent with this section if the low end of the standard sentence range is 24 months or less.
(4)(a) To assist the court in making its determination, the court may order the department to complete either a risk assessment report or a substance use disorder screening report as provided in RCW 9.94A.500, or both.
(b) If the court is considering imposing a sentence under the residential substance use disorder treatment-based alternative, the court may order an examination of the offender by the department. The examination shall, at a minimum, address the following issues:
(i) Whether the offender suffers from a substance use disorder;
(ii) Whether effective treatment for the offender's substance use disorder is available from a provider that has been licensed or certified by the department of health; and
(iii) Whether the offender and the community will benefit from the use of the alternative.
(5) An offender who is eligible for a residential treatment-based alternative under this section shall be sentenced as follows:
(a) If necessary, an indeterminate term of confinement of no more than 30 days in a facility operated, licensed, or utilized under contract, by the county in order to facilitate direct transfer to a residential substance use disorder treatment facility;
(b) Treatment in a residential substance use disorder treatment program licensed or certified by the department of health for a period set by the court up to six months with treatment completion and continued care delivered in accordance with rules established by the department of health. In establishing rules pursuant to this subsection, the department of health must consider criteria established by the American society of addiction medicine;
(c) Twenty-four months of partial confinement to consist of 12 months work release followed by 12 months of home detention with electronic monitoring; and
(d) Twelve months of community custody.
(6)(a) During any period of partial confinement or community custody, the court shall impose treatment and other conditions as provided in RCW 9.94A.703
or as the court considers appropriate.
(b) The department may impose conditions and sanctions as authorized in RCW 9.94A.704
and
9.94A.737
.
(c) The department shall, within available resources, make substance use disorder assessment and treatment services available to the offender.
(d) An offender sentenced to community custody under subsection (3)(a) of this section as part of the prison-based alternative or under subsection (3)(b) of this section as part of the residential treatment-based alternative may be required to pay $30 per month while on community custody to offset the cost of monitoring for alcohol or controlled substances.
(7)(a) If the court imposes a sentence under subsection (3)(b) of this section, the treatment provider must send the treatment plan to the court within 30 days of the offender's arrival to the residential substance use disorder treatment program.
(b) Upon receipt of the plan, the court shall schedule a progress hearing during the period of treatment and schedule a treatment termination hearing for three months before the expiration of the term of community custody.
(c) Before the progress hearing and treatment termination hearing, the treatment provider and the department shall submit written reports to the court and parties regarding the offender's compliance with treatment and monitoring requirements and recommendations regarding termination from treatment.
(8) At a progress hearing or treatment termination hearing, the court may:
(a) Authorize the department to terminate the offender's community custody status on the expiration date determined under subsection (7) of this section;
(b) Continue the hearing to a date before the expiration date of community custody, with or without modifying the conditions of partial confinement or community custody; or
(c) Impose a term of total confinement equal to one-half the midpoint of the standard sentence range, followed by a term of community custody under RCW 9.94A.701
.
(9)(a) The court may bring any offender sentenced under subsection (3)(a) or (b) of this section back into court at any time on its own initiative to evaluate the offender's progress in treatment or to determine if any violations of the conditions of the sentence have occurred.
(b) If the offender is brought back to court, the court may modify the conditions of partial confinement or community custody or order the offender to serve a term of total confinement within the standard sentence range of the offender's current offense at any time during the period of partial confinement or community custody if the offender violates the conditions or requirements of the sentence or if the offender is failing to make satisfactory progress in treatment.
(c) An offender ordered to serve a term of total confinement under (b) of this subsection shall receive credit for any time previously served in total confinement or residential treatment under this section and shall receive 50 percent credit for any time previously served in partial confinement or community custody under this section.
(10) In serving a term of community custody imposed upon failure to complete, or administrative termination from, the special drug offender sentencing alternative program for driving under the influence under this section, the offender shall receive no credit for time served in community custody prior to termination of the offender's participation in the program.
(11) An offender sentenced under this section shall be subject to all rules relating to earned release time with respect to any period served in total or partial confinement.
(12) Costs of examinations and preparing the recommended service delivery plans under a special drug offender sentencing alternative for driving under the influence may be paid, at the option of the county, from funds provided to the county from the criminal justice treatment account under RCW 71.24.580
.
[
2024 c 306 s 1
.]
NOTES:
Effective date
—
2024 c 306:
"This act takes effect January 1, 2026." [
2024 c 306 s 35
.]
RCW 9.94A.662
Prison-based drug offender sentencing alternative.
(1) The court may only order a prison-based special drug offender sentencing alternative if the high end of the standard sentence range for the current offense is greater than one year.
(2) A sentence for a prison-based special drug offender sentencing alternative shall include:
(a) A period of total confinement in a state facility for one-half the midpoint of the standard sentence range or 12 months, whichever is greater;
(b) One-half the midpoint of the standard sentence range as a term of community custody, which must include appropriate substance use disorder treatment in a program that has been approved by the department of health, and for co-occurring drug and domestic violence cases, must also include an appropriate domestic violence treatment program by a state-certified domestic violence treatment provider pursuant to RCW 43.20A.735
;
(c) Crime-related prohibitions, including a condition not to use illegal controlled substances;
(d) A requirement to submit to urinalysis or other testing to monitor that status; and
(e) A term of community custody pursuant to RCW 9.94A.701
to be imposed upon the failure to complete or administrative termination from the special drug offender sentencing alternative program.
(3)(a) During incarceration in the state facility, individuals sentenced under this section shall undergo a comprehensive substance use disorder assessment and receive, within available resources, treatment services appropriate for the individual. The substance use disorder treatment services shall be provided by individuals licensed by the state of Washington.
(b) When applicable for cases involving domestic violence, domestic violence treatment must be provided by a state-certified domestic violence treatment provider pursuant to RCW 43.20A.735
during the term of community custody.
(4) If the department finds that conditions of community custody have been willfully violated, the individual may be reclassified to serve the remaining balance of the original sentence. An individual who fails to complete the program or who is administratively terminated from the program shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing court.
(5) If an individual sentenced to the prison-based alternative under this section is found by the United States attorney general to be subject to a deportation order, a hearing shall be held by the department unless waived by the individual, and, if the department finds that the individual is subject to a valid deportation order, the department may administratively terminate the individual from the program and reclassify the individual to serve the remaining balance of the original sentence.
[
2025 c 382 s 2
;
2021 c 215 s 103
;
2020 c 252 s 2
;
2019 c 263 s 503
;
2009 c 389 s 4
.]
NOTES:
Findings
—
Intent
—
2025 c 382:
"The legislature finds that in 2020, the governor signed Second Substitute Senate Bill No. 6211 into law, which made various changes to the drug offender sentencing alternative statutes. As part of that legislation, revisions were made to RCW 9.94A.662
to state that substance use disorder treatment services provided in prisons be licensed by the department of health.
As a result, under RCW 71.24.037, the department of health is also required to license mental health services provided in prisons.
The legislature finds that prior to the passing of Second Substitute Senate Bill No. 6211 in 2020, the department of social and health services created the department of corrections substance use disorder treatment services in collaboration with the department of corrections.
It is the intent of the legislature to require the department of health to monitor the provision of behavioral health services to individuals in correctional facilities based on standards jointly established by the department of health and the department of corrections. Monitoring shall be done in lieu of licensure by the department of health." [
2025 c 382 s 1
.]
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Effective date
—
2020 c 252:
See note following RCW 9.94A.660
.
Findings
—
Intent
—
2019 c 263 ss 202-803:
See note following RCW 10.01.240
.
Effective date
—
2019 c 263 ss 501-504, 601, 602, and 701-708:
See note following RCW 9.94A.500
.
Effective date
—
2009 c 389 ss 1 and 3-5:
See note following RCW 9.94A.505
.
RCW 9.94A.664
Residential substance use disorder treatment-based alternative.
(1)(a) A sentence for a residential substance use disorder treatment-based alternative shall include a term of community custody equal to one-half the midpoint of the standard sentence range or two years, whichever is greater, conditioned on the offender entering and remaining in a residential substance use disorder treatment program certified by the department of health for a period set by the court up to six months with treatment completion and continued care delivered in accordance with rules established by the health care authority. In establishing rules pursuant to this subsection, the health care authority must consider criteria established by the American society of addiction medicine.
(b) The sentence may include an indeterminate term of confinement of no more than thirty days in a facility operated or utilized under contract by the county in order to facilitate direct transfer to a residential substance use disorder treatment facility.
(2)(a) During any period of community custody, the court shall impose treatment and other conditions.
(b) The department shall, within available resources, make substance use disorder assessment and treatment services available to the offender during any term of community custody, and within available resources, make domestic violence treatment services available to a domestic violence offender during the term of community custody.
(3)(a) If the court imposes a sentence under this section, the treatment provider must send the treatment plan to the court within thirty days of the offender's arrival to the residential substance use disorder treatment program and, when applicable, the domestic violence treatment program.
(b) Upon receipt of the plan, the court shall schedule a progress hearing during the period of treatment, and schedule a treatment termination hearing for three months before the expiration of the term of community custody.
(c) Before the progress hearing and treatment termination hearing, the treatment provider and the department shall submit written reports to the court and parties regarding the offender's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment.
(4) At a progress hearing or treatment termination hearing, the court may:
(a) Authorize the department to terminate the offender's community custody status on the expiration date determined under subsection (1) of this section;
(b) Continue the hearing to a date before the expiration date of community custody, with or without modifying the conditions of community custody; or
(c) Impose a term of total confinement equal to one-half the midpoint of the standard sentence range, followed by a term of community custody under RCW 9.94A.701
.
(5) If the court imposes a term of total confinement, the department shall, within available resources, make substance use disorder assessment and treatment services available to the offender during the term of total confinement and subsequent term of community custody.
[
2020 c 252 s 3
. Prior:
2019 c 325 s 5003
;
2019 c 263 s 504
;
2009 c 389 s 5
.]
NOTES:
Effective date
—
2020 c 252:
See note following RCW 9.94A.660
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
2019 c 263 ss 202-803:
See note following RCW 10.01.240
.
Effective date
—
2019 c 263 ss 501-504, 601, 602, and 701-708:
See note following RCW 9.94A.500
.
Effective date
—
2009 c 389 ss 1 and 3-5:
See note following RCW 9.94A.505
.
RCW 9.94A.670
Special sex offender sentencing alternative.
(1) Unless the context clearly requires otherwise, the definitions in this subsection apply to this section only.
(a) "Sex offender treatment provider" or "treatment provider" means a certified sex offender treatment provider or a certified affiliate sex offender treatment provider as defined in RCW 18.155.020
.
(b) "Substantial bodily harm" means bodily injury that involves a temporary but substantial disfigurement, or that causes a temporary but substantial loss or impairment of the function of any body part or organ, or that causes a fracture of any body part or organ.
(c) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.
(2) An offender is eligible for the special sex offender sentencing alternative if:
(a) The offender has been convicted of a sex offense other than a violation of RCW 9A.44.050
or a sex offense that is also a serious violent offense. If the conviction results from a guilty plea, the offender must, as part of his or her plea of guilty, voluntarily and affirmatively admit he or she committed all of the elements of the crime to which the offender is pleading guilty. This alternative is not available to offenders who plead guilty to the offense charged under
North Carolina v. Alford
, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970) and
State v. Newton
, 87 Wash.2d 363, 552 P.2d 682 (1976);
(b) The offender has no prior convictions for a sex offense as defined in RCW 9.94A.030
or any other felony sex offenses in this or any other state;
(c) The offender has no prior adult convictions for a violent offense that was committed within five years of the date the current offense was committed;
(d) The offense did not result in substantial bodily harm to the victim;
(e) The offender had an established relationship with, or connection to, the victim such that the sole connection with the victim was not the commission of the crime; and
(f) The offender's standard sentence range for the offense includes the possibility of confinement for less than eleven years.
(3) If the court finds the offender is eligible for this alternative, the court, on its own motion or the motion of the state or the offender, may order an examination to determine whether the offender is amenable to treatment.
(a) The report of the examination shall include at a minimum the following:
(i) The offender's version of the facts and the official version of the facts;
(ii) The offender's offense history;
(iii) An assessment of problems in addition to alleged deviant behaviors;
(iv) The offender's social and employment situation; and
(v) Other evaluation measures used.
The report shall set forth the sources of the examiner's information.
(b) The examiner shall assess and report regarding the offender's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(i) Frequency and type of contact between offender and therapist;
(ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;
(iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions and affirmative conditions, which must include, to the extent known, an identification of specific activities or behaviors that are precursors to the offender's offense cycle, including, but not limited to, activities or behaviors such as viewing or listening to pornography or use of alcohol or controlled substances.
(c) The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The examiner shall be selected by the party making the motion. The offender shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.
(4) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this alternative, consider whether the alternative is too lenient in light of the extent and circumstances of the offense, consider whether the offender has victims in addition to the victim of the offense, consider whether the offender is amenable to treatment, consider the risk the offender would present to the community, to the victim, or to persons of similar age and circumstances as the victim, and consider the victim's opinion whether the offender should receive a treatment disposition under this section. The court shall give great weight to the victim's opinion whether the offender should receive a treatment disposition under this section. If the sentence imposed is contrary to the victim's opinion, the court shall enter written findings stating its reasons for imposing the treatment disposition. The fact that the offender admits to his or her offense does not, by itself, constitute amenability to treatment. If the court determines that this alternative is appropriate, the court shall then impose a sentence or, pursuant to RCW 9.94A.507, a minimum term of sentence, within the standard sentence range. If the sentence imposed is less than eleven years of confinement, the court may suspend the execution of the sentence as provided in this section.
(5) As conditions of the suspended sentence, the court must impose the following:
(a) A term of confinement of up to twelve months or the maximum term within the standard range, whichever is less. The court may order the offender to serve a term of confinement greater than twelve months or the maximum term within the standard range based on the presence of an aggravating circumstance listed in RCW 9.94A.535
(3). In no case shall the term of confinement exceed the statutory maximum sentence for the offense. The court may order the offender to serve all or part of his or her term of confinement in partial confinement. An offender sentenced to a term of confinement under this subsection is not eligible for earned release under RCW 9.92.151
or
9.94A.728
.
(b) A term of community custody equal to the length of the suspended sentence, the length of the maximum term imposed pursuant to RCW 9.94A.507, or three years, whichever is greater, and require the offender to comply with any conditions imposed by the department under RCW 9.94A.703
.
(c) Treatment for any period up to five years in duration. The court, in its discretion, shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court. If any party or the court objects to a proposed change, the offender shall not change providers or conditions without court approval after a hearing.
(d) Specific prohibitions and affirmative conditions relating to the known precursor activities or behaviors identified in the proposed treatment plan under subsection (3)(b)(v) of this section or identified in an annual review under subsection (8)(b) of this section.
(6) As conditions of the suspended sentence, the court may impose one or more of the following:
(a) Crime-related prohibitions;
(b) Require the offender to devote time to a specific employment or occupation;
(c) Require the offender to remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;
(d) Require the offender to report as directed to the court and a community corrections officer;
(e) Require the offender to pay all court-ordered legal financial obligations as provided in RCW 9.94A.030
;
(f) Require the offender to perform community restitution work; or
(g) Require the offender to reimburse the victim for the cost of any counseling required as a result of the offender's crime.
(7) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment.
(8)(a) The sex offender treatment provider shall submit quarterly reports on the offender's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, offender's compliance with requirements, treatment activities, the offender's relative progress in treatment, and any other material specified by the court at sentencing.
(b) The court shall conduct a hearing on the offender's progress in treatment at least once a year. At least fourteen days prior to the hearing, notice of the hearing shall be given to the victim. The victim shall be given the opportunity to make statements to the court regarding the offender's supervision and treatment. At the hearing, the court may modify conditions of community custody including, but not limited to, crime-related prohibitions and affirmative conditions relating to activities and behaviors identified as part of, or relating to precursor activities and behaviors in, the offender's offense cycle or revoke the suspended sentence.
(9) At least fourteen days prior to the treatment termination hearing, notice of the hearing shall be given to the victim. The victim shall be given the opportunity to make statements to the court regarding the offender's supervision and treatment. Prior to the treatment termination hearing, the treatment provider and community corrections officer shall submit written reports to the court and parties regarding the offender's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community custody conditions. The court may order an evaluation regarding the advisability of termination from treatment by a sex offender treatment provider who may not be the same person who treated the offender under subsection (5) of this section or any person who employs, is employed by, or shares profits with the person who treated the offender under subsection (5) of this section unless the court has entered written findings that such evaluation is in the best interest of the victim and that a successful evaluation of the offender would otherwise be impractical. The offender shall pay the cost of the evaluation. At the treatment termination hearing the court may: (a) Modify conditions of community custody, and either (b) terminate treatment, or (c) extend treatment in two-year increments for up to the remaining period of community custody.
(10)(a) If a violation of conditions other than a second violation of the prohibitions or affirmative conditions relating to precursor behaviors or activities imposed under subsection (5)(d) or (8)(b) of this section occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.633
(1) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in subsections (7) and (9) of this section.
(b) If a second violation of the prohibitions or affirmative conditions relating to precursor behaviors or activities imposed under subsection (5)(d) or (8)(b) of this section occurs during community custody, the department shall refer the violation to the court and recommend revocation of the suspended sentence as provided in subsection (11) of this section.
(11) The court may revoke the suspended sentence at any time during the period of community custody and order execution of the sentence if: (a) The offender violates the conditions of the suspended sentence, or (b) the court finds that the offender is failing to make satisfactory progress in treatment. All confinement time served during the period of community custody shall be credited to the offender if the suspended sentence is revoked.
(12) If the offender violates a requirement of the sentence that is not a condition of the suspended sentence pursuant to subsection (5) or (6) of this section, the department may impose sanctions pursuant to RCW 9.94A.633
(1).
(13) The offender's sex offender treatment provider may not be the same person who examined the offender under subsection (3) of this section or any person who employs, is employed by, or shares profits with the person who examined the offender under subsection (3) of this section, unless the court has entered written findings that such treatment is in the best interests of the victim and that successful treatment of the offender would otherwise be impractical. Examinations and treatment ordered pursuant to this subsection shall only be conducted by certified sex offender treatment providers or certified affiliate sex offender treatment providers under chapter
18.155
RCW unless the court 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; or
(b)(i) No certified sex offender treatment providers or certified affiliate sex offender treatment providers are available for treatment within a reasonable geographical distance of the offender's home; and
(ii) The evaluation and treatment plan comply with this section and the rules adopted by the department of health.
(14) If the offender is less than eighteen years of age when the charge is filed, the state shall pay for the cost of initial evaluation and treatment.
[
2009 c 28 s 9
;
2008 c 231 s 31
;
2006 c 133 s 1
. Prior:
2004 c 176 s 4
;
2004 c 38 s 9
;
2002 c 175 s 11
;
2001 2nd sp.s. c 12 s 316
;
2000 c 28 s 20
.]
NOTES:
Effective date
—
2009 c 28:
See note following RCW 2.24.040
.
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 date
—
2004 c 176:
See notes following RCW 9.94A.515
.
Effective date
—
2004 c 38:
See note following RCW 18.155.075
.
Effective date
—
2002 c 175:
See note following RCW 7.80.130
.
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
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
RCW 9.94A.680
Alternatives to total confinement.
Alternatives to total confinement are available for offenders with sentences of one year or less. These alternatives include the following sentence conditions that the court may order as substitutes for total confinement:
(1) One day of partial confinement may be substituted for one day of total confinement;
(2) In addition, for offenders convicted of nonviolent offenses only, eight hours of community restitution may be substituted for one day of total confinement, with a maximum conversion limit of two hundred forty hours or thirty days. Community restitution hours must be completed within the period of community supervision or a time period specified by the court, which shall not exceed twenty-four months, pursuant to a schedule determined by the department; and
(3) For offenders convicted of nonviolent and nonsex offenses, the court may credit time served by the offender before the sentencing in an available county supervised community option and may authorize county jails to convert jail confinement to an available county supervised community option, may authorize the time spent in the community option to be reduced by earned release credit consistent with local correctional facility standards, and may require the offender to perform affirmative conduct pursuant to RCW 9.94A.607
.
For sentences of nonviolent offenders for one year or less, the court shall consider and give priority to available alternatives to total confinement and shall state its reasons in writing on the judgment and sentence form if the alternatives are not used.
[
2009 c 227 s 1
;
2002 c 175 s 12
;
1999 c 197 s 6
. Prior:
1988 c 157 s 4
;
1988 c 155 s 3
;
1984 c 209 s 21
;
1983 c 115 s 9
. Formerly RCW 9.94A.380
.]
NOTES:
Effective date
—
2002 c 175:
See note following RCW 7.80.130
.
Severability
—
1999 c 197:
See note following RCW 9.94A.030
.
Application
—
1988 c 157:
See note following RCW 9.94A.030
.
Effective dates
—
1984 c 209:
See note following RCW 9.94A.030
.
RCW 9.94A.685
Alien offenders.
(1) Subject to the limitations of this section, any alien offender committed to the custody of the department under the sentencing reform act of 1981, chapter
9.94A
RCW, who has been found by the United States attorney general to be subject to a final order of deportation or exclusion, may be placed on conditional release status and released to the immigration and customs enforcement agency for deportation at any time prior to the expiration of the offender's term of confinement. Conditional release shall continue until the expiration of the statutory maximum sentence provided by law for the crime or crimes of which the offender was convicted. If the offender has multiple current convictions, the statutory maximum sentence allowed by law for each crime shall run concurrently.
(2) No offender may be released under this section unless the secretary or the secretary's designee has reached an agreement with the immigration and customs enforcement agency that the alien offender placed on conditional release status will be detained in total confinement at a facility operated by the immigration and customs enforcement agency pending the offender's return to the country of origin or other location designated in the final deportation or exclusion order.
No offender may be released under this section who is serving a sentence for a violent offense or sex offense, as defined in RCW 9.94A.030
.
(3) The unserved portion of the term of confinement of any offender released under this section shall be tolled at the time the offender is released to the immigration and customs enforcement agency for deportation. Upon the release of an offender to the immigration and customs enforcement agency, the department shall issue a warrant for the offender's arrest within the United States. This warrant shall remain in effect indefinitely.
(4) Upon arrest of an offender, the department may seek extradition as necessary and the offender may be returned to the department for completion of the unserved portion of the offender's term of total confinement. If returned, the offender shall also be required to fully comply with all the terms and conditions of the sentence.
(5) Alien offenders released to the immigration and customs enforcement agency for deportation under this section are not thereby relieved of their obligation to pay restitution or other legal financial obligations ordered by the sentencing court.
(6) Any offender released pursuant to this section who returns illegally to the United States may not thereafter be released again pursuant to this section.
(7) The secretary is authorized to take all reasonable actions to implement this section and shall assist federal authorities in prosecuting alien offenders who may illegally reenter the United States and enter the state of Washington.
(8) The provisions of this section apply to persons convicted before, on, or after April 29, 2011.
[
2011 c 206 s 1
;
1993 c 419 s 1
. Formerly RCW 9.94A.280
.]
NOTES:
Effective date
—
2011 c 206:
"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 immediately [April 29, 2011]." [
2011 c 206 s 4
.]
RCW 9.94A.690
Work ethic camp program
—
Eligibility
—
Sentencing.
(1)(a) An offender is eligible to be sentenced to a work ethic camp if the offender:
(i) Is sentenced to a term of total confinement of not less than twelve months and one day or more than thirty-six months;
(ii) Has no current or prior convictions for any sex offenses or for violent offenses; and
(iii) Is not currently subject to a sentence for, or being prosecuted for, a violation of felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502
(6)), a violation of physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504
(6)), a violation of the uniform controlled substances act, or a criminal solicitation to commit such a violation under chapter
9A.28
or
69.50
RCW.
(b) The length of the work ethic camp shall be at least one hundred twenty days and not more than one hundred eighty days.
(2) If the sentencing court determines that the offender is eligible for the work ethic camp and is likely to qualify under subsection (3) of this section, the judge shall impose a sentence within the standard sentence range and may recommend that the offender serve the sentence at a work ethic camp. In sentencing an offender to the work ethic camp, the court shall specify: (a) That upon completion of the work ethic camp the offender shall be released on community custody for any remaining time of total confinement; (b) the applicable conditions of community custody as authorized by RCW 9.94A.703
; and (c) that violation of the conditions may result in a return to total confinement for the balance of the offender's remaining time of confinement.
(3) The department shall place the offender in the work ethic camp program, subject to capacity, unless: (a) The department determines that the offender has physical or mental impairments that would prevent participation and completion of the program; (b) the department determines that the offender's custody level prevents placement in the program; (c) the offender refuses to agree to the terms and conditions of the program; (d) the offender has been found by the United States attorney general to be subject to a deportation detainer or order; or (e) the offender has participated in the work ethic camp program in the past.
(4) An offender who fails to complete the work ethic camp program, who is administratively terminated from the program, or who otherwise violates any conditions of supervision, as defined by the department, shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing court and shall be subject to all rules relating to earned release time.
(5) During the last two weeks prior to release from the work ethic camp program the department shall provide the offender with comprehensive transition training.
[
2008 c 231 s 32
;
2006 c 73 s 11
;
2000 c 28 s 21
;
1999 c 197 s 5
;
1995 1st sp.s. c 19 s 20
;
1993 c 338 s 4
. Formerly RCW 9.94A.137
.]
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
—
2006 c 73:
See note following RCW 46.61.502
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
Severability
—
1999 c 197:
See note following RCW 9.94A.030
.
Findings
—
Purpose
—
Short title
—
Severability
—
Effective date
—
1995 1st sp.s. c 19:
See notes following RCW 72.09.450
.
Findings
—
Intent
—
1993 c 338:
See RCW 72.09.400
.
Severability
—
Effective date
—
1993 c 338:
See notes following RCW 72.09.400
.
RCW 9.94A.695
Mental health sentencing alternative.
(1) A defendant is eligible for the mental health sentencing alternative if:
(a) The defendant is convicted of a felony that is not a serious violent offense or sex offense;
(b) The defendant is diagnosed with a serious mental illness recognized by the diagnostic manual in use by mental health professionals at the time of sentencing;
(c) The defendant and the community would benefit from supervision and treatment, as determined by the judge; and
(d) The defendant is willing to participate in the sentencing alternative.
(2) A motion for a sentence under this section may be made by any party or the court, but is contingent upon the defendant's agreement to participate in the sentencing alternative. To determine whether the defendant has a serious mental illness, the court may rely on information including reports completed pursuant to chapters
71.05
and
10.77
RCW, or other mental health professional as defined in RCW 71.05.020, or other information and records related to mental health services. Information and records relating to mental health services must be handled consistently with RCW 9.94A.500
(2). If insufficient information is available to determine whether a defendant has a serious mental illness, the court may order an examination of the defendant.
(3) To assist the court in its determination, the department shall provide a written report, which shall be in the form of a presentence investigation. Such report may be ordered by the court on the motion of a party prior to conviction if such a report will facilitate negotiations. The court may waive the production of this report if sufficient information is available to the court to make a determination under subsection (4) of this section. The report must contain:
(a) A proposed treatment plan for the defendant's mental illness, including at a minimum:
(i) The name and address of a treatment provider that is agreeing to provide treatment to the defendant, including an intake evaluation, a psychiatric evaluation, and development of an individualized plan of treatment which shall be submitted as soon as possible to the department and the court; and
(ii) An agreement by the treatment provider to monitor the progress of the defendant on the sentencing alternative and notify the department and the court at any time during the duration of the order if reasonable efforts to engage the defendant fail to produce substantial compliance with court-ordered treatment conditions;
(b) A proposed monitoring plan, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;
(c) Recommended crime-related prohibitions and affirmative conditions; and
(d) A release of information, signed by the defendant, allowing the parties and the department to confirm components of the treatment and monitoring plan.
(4) After consideration of all available information and determining whether the defendant is eligible, the court shall consider whether the defendant and the community will benefit from the use of this sentencing alternative. The court shall consider the victim's opinion whether the defendant should receive a sentence under this section. If the sentencing court determines that a sentence under this section is appropriate, the court shall waive imposition of the sentence within the standard range. The court shall impose a term of community custody between 12 and 24 months if the midpoint of the defendant's standard range sentence is less than or equal to 36 months, and a term of community custody between 12 months and 36 months if the midpoint of the defendant's standard range sentence is longer than 36 months. The actual length of community custody within these ranges shall be at the discretion of the court.
(5) If the court imposes an alternative sentence under this section, the department shall assign a community corrections officer to supervise the defendant. The department shall provide a community corrections officer assigned under this section with appropriate training in mental health to be determined by the department.
(6) For a defendant participating in this sentencing alternative, the court and correctional facility may delay the defendant's release from total confinement in order to facilitate adherence to the defendant's treatment plan. This may include delaying release in order to:
(a) Allow a defendant to transfer directly to an inpatient treatment facility or supportive housing provider;
(b) Ensure appropriate transportation is established and available; or
(c) Release the defendant during business hours on a weekday when services are available.
(7)(a) The court may schedule progress hearings for the defendant to evaluate the defendant's progress in treatment and compliance with conditions of supervision.
(b) Before any progress hearing, the department and the treatment provider shall each submit a written report informing the parties of the defendant's progress and compliance with treatment, unless waived by the court. At the progress hearing, the court shall hear from the parties regarding the defendant's compliance and may modify the conditions of community custody if the modification serves the interests of justice and the best interests of the defendant.
(8)(a) If the court imposes this sentencing alternative, the court shall impose conditions under RCW 9.94A.703
that are consistent with this section and may impose any additional conditions recommended by any of the written reports regarding the defendant.
(b) The court shall impose specific treatment conditions:
(i) Meet with treatment providers and follow the recommendations provided in the individualized treatment plan as initially constituted or subsequently modified by the treatment provider;
(ii) Take medications as prescribed, including monitoring of compliance with medication if needed;
(iii) Refrain from using alcohol and nonprescribed controlled substances if the defendant has a diagnosis of a substance use disorder. The court may order the department to monitor for the use of alcohol or nonprescribed controlled substances if the court prohibits use of those substances.
(9) Treatment issues arising during supervision shall be discussed collaboratively. The treatment provider, community corrections officer, and any representative of the person's medical assistance plan shall jointly determine intervention for violation of a treatment condition. The community corrections officer shall have the authority to address the violation independently if:
(a) The violation is safety related with respect to the defendant or others;
(b) The treatment violation consists of decompensation related to psychosis that presents a risk to the community or the defendant and cannot be mitigated by community intervention. The community corrections officer may intervene with available resources such as a designated crisis responder; or
(c) The violation relates to a standard condition for supervision.
(10) The community corrections officer, treatment provider, and any engaged representative of the defendant's medical assistance plan should collaborate prior to a progress update to the court. Required treatment interventions taken between court progress hearings shall be reported to the court as a part of the regular progress update to the court.
(11) The court may schedule a review hearing for a defendant under this sentencing alternative at any time to evaluate the defendant's progress with treatment or to determine if any violations have occurred.
(a) At a review hearing the court may modify the terms of the community custody or impose sanctions if the court finds that the conditions have been violated or that different or additional terms are in the best interest of the defendant.
(b) The court may order the defendant to serve a term of total or partial confinement for violating the terms of community custody or failing to make satisfactory progress in treatment.
(12) The court shall schedule a termination hearing one month prior to the end of the defendant's community custody. A termination hearing may also be scheduled if the department or the state reports that the defendant has violated the terms of community custody imposed by the court. At that hearing, the court may:
(a) Authorize the department to terminate the defendant's community custody status on the expiration date; or
(b) Continue the hearing to a date before the expiration date of community custody, with or without modifying the conditions of community custody; or
(c) Revoke the sentencing alternative and impose a standard range sentence or impose an exceptional sentence below the standard sentencing range if compelling reasons are found by the court or the parties agree to the downward departure. The defendant shall receive credit for time served while in compliance and actively supervised in the community against any term of total confinement. The court must issue written findings indicating a substantial and compelling reason to revoke this sentencing alternative.
(13) The health care authority shall reimburse for the following services provided for individuals participating in the sentencing alternative:
(a) In-custody mental health assessments;
(b) In-custody preliminary treatment plan development; and
(c) Ongoing monitoring of the defendant's adherence to the defendant's treatment plan and the requirements of the sentencing alternative, including reporting to the court and the department.
(14) For the purposes of this section:
(a) "Serious mental illness" means a mental, behavioral, or emotional disorder resulting in a serious functional impairment, which substantially interferes with or limits one or more major life activities.
(b) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.
[
2024 c 373 s 1
;
2021 c 242 s 1
.]
NOTES:
Applicability
—
2021 c 242:
"This act applies to sentences imposed on or after July 25, 2021." [
2021 c 242 s 7
.]
RCW 9.94A.701
Community custody
—
Offenders sentenced to the custody of the department.
(Effective until January 1, 2026.)
(1) If an offender is sentenced to the custody of the department for one of the following crimes, the court shall, in addition to the other terms of the sentence, sentence the offender to community custody for three years:
(a) A sex offense not sentenced under RCW 9.94A.507
; or
(b) A serious violent offense.
(2) A court shall, in addition to the other terms of the sentence, sentence an offender to community custody for eighteen months when the court sentences the person to the custody of the department for a violent offense that is not considered a serious violent offense.
(3) A court shall, in addition to the other terms of the sentence, sentence an offender to community custody for one year when the court sentences the person to the custody of the department for:
(a) Any crime against persons under RCW 9.94A.411
(2);
(b) An offense involving the unlawful possession of a firearm under RCW 9.41.040, where the offender is a criminal street gang member or associate;
(c) A felony offense under chapter
69.50
or
69.52
RCW, committed on or after July 1, 2000; or
(d) A felony violation of RCW 9A.44.132
(1) (failure to register) that is the offender's first violation for a felony failure to register.
(4) If an offender is sentenced under the drug offender sentencing alternative, the court shall impose community custody as provided in RCW 9.94A.660
.
(5) If an offender is sentenced under the special sex offender sentencing alternative, the court shall impose community custody as provided in RCW 9.94A.670
.
(6) If an offender is sentenced to a work ethic camp, the court shall impose community custody as provided in RCW 9.94A.690
.
(7) If an offender is sentenced under the parenting sentencing alternative, the court shall impose a term of community custody as provided in RCW 9.94A.655
.
(8) If the offender is sentenced under the mental health sentencing alternative, the court shall impose a term of community custody as provided in RCW 9.94A.695
.
(9) If a sex offender is sentenced as a nonpersistent offender pursuant to RCW 9.94A.507, the court shall impose community custody as provided in that section.
(10) The term of community custody specified by this section shall be reduced by the court whenever an offender's standard range term of confinement in combination with the term of community custody exceeds the statutory maximum for the crime as provided in RCW 9A.20.021
.
[
2021 c 242 s 6
. Prior:
2010 c 267 s 11
;
2010 c 224 s 5
;
2009 c 375 s 5
;
2009 c 28 s 10
;
2008 c 231 s 7
.]
NOTES:
Applicability
—
2021 c 242:
See note following RCW 9.94A.695
.
Application
—
2010 c 267:
See note following RCW 9A.44.128
.
Application
—
2009 c 375:
See note following RCW 9.94A.501
.
Effective date
—
2009 c 28:
See note following RCW 2.24.040
.
Intent
—
2008 c 231:
"The existing sentencing reform act contains numerous provisions for supervision of different types of offenders. This duplication has caused great confusion for judges, lawyers, offenders, and the department of corrections, and often results in inaccurate sentences. The clarifications in this act are intended to support continued discussions by the sentencing guidelines commission with the courts and the criminal justice community to identify and propose policy changes that will further simplify and improve the sentencing reform act relating to the supervision of offenders. The sentencing guidelines commission shall submit policy change proposals to the legislature on or before December 1, 2008.
Sections 7 through 58 of this act are intended to simplify the supervision provisions of the sentencing reform act and increase the uniformity of its application. These sections are not intended to either increase or decrease the authority of sentencing courts or the department relating to supervision, except for those provisions instructing the court to apply the provisions of the current community custody law to offenders sentenced after July 1, 2009, but who committed their crime prior to August 1, 2009, to the extent that such application is constitutionally permissible.
This will effect a change for offenders who committed their crimes prior to the offender accountability act, chapter 196, Laws of 1999. These offenders will be ordered to a term of community custody rather than community placement or community supervision. To the extent constitutionally permissible, the terms of the offender's supervision will be as provided in current law. With the exception of this change, the legislature does not intend to make, and no provision of sections 7 through 58 of this act may be construed as making, a substantive change to the supervision provisions of the sentencing reform act." [
2009 c 375 s 10
;
2008 c 231 s 6
.]
Application
—
2008 c 231 ss 6-58:
"(1) Sections 6 through 58 of this act apply to all sentences imposed or reimposed on or after August 1, 2009, for any crime committed on or after August 1, 2009.
(2) Sections 6 through 58 of this act also apply to all sentences imposed or reimposed on or after August 1, 2009, for crimes committed prior to August 1, 2009, to the extent that such application is constitutionally permissible.
(3) To the extent that application of sections 6 through 58 of this act is not constitutionally permissible with respect to any offender, the sentence for such offender shall be governed by the law as it existed before August 1, 2009, or on such prior date as may be constitutionally required, notwithstanding any amendment or repeal of provisions of such law.
(4) If application of sections 6 through 58 of this act is not constitutionally permissible with respect to any offender, the judgment and sentence shall specify the particular sentencing provisions that will not apply to such offender. Whenever practical, the judgment and sentence shall use the terminology set out in this act.
(5) The sentencing guidelines commission shall prepare a summary of the circumstances under which application of sections 6 through 58 of this act is not constitutionally permissible. The summary should include recommendations of conditions that could be included in judgments and sentences in order to prevent unconstitutional application of the act. This summary shall be incorporated into the
Adult Sentencing Guidelines Manual
.
(6) Sections 6 through 58 of this act shall not affect the enforcement of any sentence that was imposed prior to August 1, 2009, unless the offender is resentenced after that date." [
2008 c 231 s 55
.]
Application of repealers
—
2008 c 231 s 57:
"The repealers in section 57 of this act shall not affect the validity of any sentence that was imposed prior to August 1, 2009, or the authority of the department of corrections to supervise any offender pursuant to such sentence." [
2008 c 231 s 58
.]
Effective date
—
2008 c 231 ss 6-60:
"Sections 6 through 60 of this act take effect August 1, 2009." [
2008 c 231 s 61
.]
Severability
—
2008 c 231:
See note following RCW 9.94A.500
.
PDF
RCW 9.94A.701
Community custody
—
Offenders sentenced to the custody of the department.
(Effective January 1, 2026.)
(1) If an offender is sentenced to the custody of the department for one of the following crimes, the court shall, in addition to the other terms of the sentence, sentence the offender to community custody for three years:
(a) A sex offense not sentenced under RCW 9.94A.507
; or
(b) A serious violent offense.
(2) A court shall, in addition to the other terms of the sentence, sentence an offender to community custody for 18 months when the court sentences the person to the custody of the department for a violent offense that is not considered a serious violent offense.
(3) A court shall, in addition to the other terms of the sentence, sentence an offender to community custody for one year when the court sentences the person to the custody of the department for:
(a) Any crime against persons under RCW 9.94A.411
(2);
(b) An offense involving the unlawful possession of a firearm under RCW 9.41.040, where the offender is a criminal street gang member or associate;
(c) A felony offense under chapter
69.50
or
69.52
RCW, committed on or after July 1, 2000; or
(d) A felony violation of RCW 9A.44.132
(1) (failure to register) that is the offender's first violation for a felony failure to register.
(4) If an offender is sentenced under the drug offender sentencing alternative, the court shall impose community custody as provided in:
(a) RCW 9.94A.660
and
9.94A.662
for a prison-based drug offender sentencing alternative;
(b) RCW 9.94A.660
and
9.94A.664
for a residential-based drug offender sentencing alternative;
(c) RCW 9.94A.662
and
9.94A.661
(6) for a prison-based drug offender sentencing alternative for driving under the influence; and
(d) RCW 9.94A.661
(5) and (6) for a residential-based drug offender sentencing alternative for driving under the influence.
(5) If an offender is sentenced under the special sex offender sentencing alternative, the court shall impose community custody as provided in RCW 9.94A.670
.
(6) If an offender is sentenced to a work ethic camp, the court shall impose community custody as provided in RCW 9.94A.690
.
(7) If an offender is sentenced under the parenting sentencing alternative, the court shall impose a term of community custody as provided in RCW 9.94A.655
.
(8) If the offender is sentenced under the mental health sentencing alternative, the court shall impose a term of community custody as provided in RCW 9.94A.695
.
(9) If a sex offender is sentenced as a nonpersistent offender pursuant to RCW 9.94A.507, the court shall impose community custody as provided in that section.
(10) The term of community custody specified by this section shall be reduced by the court whenever an offender's standard sentence range term of confinement in combination with the term of community custody exceeds the statutory maximum for the crime as provided in RCW 9A.20.021
.
[
2024 c 306 s 10
;
2021 c 242 s 6
. Prior:
2010 c 267 s 11
;
2010 c 224 s 5
;
2009 c 375 s 5
;
2009 c 28 s 10
;
2008 c 231 s 7
.]
NOTES:
Effective date
—
2024 c 306:
See note following RCW 9.94A.661
.
Applicability
—
2021 c 242:
See note following RCW 9.94A.695
.
Application
—
2010 c 267:
See note following RCW 9A.44.128
.
Application
—
2009 c 375:
See note following RCW 9.94A.501
.
Effective date
—
2009 c 28:
See note following RCW 2.24.040
.
Intent
—
2008 c 231:
"The existing sentencing reform act contains numerous provisions for supervision of different types of offenders. This duplication has caused great confusion for judges, lawyers, offenders, and the department of corrections, and often results in inaccurate sentences. The clarifications in this act are intended to support continued discussions by the sentencing guidelines commission with the courts and the criminal justice community to identify and propose policy changes that will further simplify and improve the sentencing reform act relating to the supervision of offenders. The sentencing guidelines commission shall submit policy change proposals to the legislature on or before December 1, 2008.
Sections 7 through 58 of this act are intended to simplify the supervision provisions of the sentencing reform act and increase the uniformity of its application. These sections are not intended to either increase or decrease the authority of sentencing courts or the department relating to supervision, except for those provisions instructing the court to apply the provisions of the current community custody law to offenders sentenced after July 1, 2009, but who committed their crime prior to August 1, 2009, to the extent that such application is constitutionally permissible.
This will effect a change for offenders who committed their crimes prior to the offender accountability act, chapter 196, Laws of 1999. These offenders will be ordered to a term of community custody rather than community placement or community supervision. To the extent constitutionally permissible, the terms of the offender's supervision will be as provided in current law. With the exception of this change, the legislature does not intend to make, and no provision of sections 7 through 58 of this act may be construed as making, a substantive change to the supervision provisions of the sentencing reform act." [
2009 c 375 s 10
;
2008 c 231 s 6
.]
Application
—
2008 c 231 ss 6-58:
"(1) Sections 6 through 58 of this act apply to all sentences imposed or reimposed on or after August 1, 2009, for any crime committed on or after August 1, 2009.
(2) Sections 6 through 58 of this act also apply to all sentences imposed or reimposed on or after August 1, 2009, for crimes committed prior to August 1, 2009, to the extent that such application is constitutionally permissible.
(3) To the extent that application of sections 6 through 58 of this act is not constitutionally permissible with respect to any offender, the sentence for such offender shall be governed by the law as it existed before August 1, 2009, or on such prior date as may be constitutionally required, notwithstanding any amendment or repeal of provisions of such law.
(4) If application of sections 6 through 58 of this act is not constitutionally permissible with respect to any offender, the judgment and sentence shall specify the particular sentencing provisions that will not apply to such offender. Whenever practical, the judgment and sentence shall use the terminology set out in this act.
(5) The sentencing guidelines commission shall prepare a summary of the circumstances under which application of sections 6 through 58 of this act is not constitutionally permissible. The summary should include recommendations of conditions that could be included in judgments and sentences in order to prevent unconstitutional application of the act. This summary shall be incorporated into the
Adult Sentencing Guidelines Manual
.
(6) Sections 6 through 58 of this act shall not affect the enforcement of any sentence that was imposed prior to August 1, 2009, unless the offender is resentenced after that date." [
2008 c 231 s 55
.]
Application of repealers
—
2008 c 231 s 57:
"The repealers in section 57 of this act shall not affect the validity of any sentence that was imposed prior to August 1, 2009, or the authority of the department of corrections to supervise any offender pursuant to such sentence." [
2008 c 231 s 58
.]
Effective date
—
2008 c 231 ss 6-60:
"Sections 6 through 60 of this act take effect August 1, 2009." [
2008 c 231 s 61
.]
Severability
—
2008 c 231:
See note following RCW 9.94A.500
.
RCW 9.94A.702
Community custody
—
Offenders sentenced for one year or less.
(1) If an offender is sentenced to a term of confinement for one year or less for one of the following offenses, the court may impose up to one year of community custody:
(a) A sex offense;
(b) A violent offense;
(c) A crime against a person under RCW 9.94A.411
;
(d) A felony violation of chapter
69.50
or
69.52
RCW, or an attempt, conspiracy, or solicitation to commit such a crime; or
(e) A felony violation of RCW 9A.44.132
(1) (failure to register).
(2) If an offender is sentenced to a first-time offender waiver, the court may impose community custody as provided in RCW 9.94A.650
.
[
2010 c 267 s 12
;
2008 c 231 s 8
.]
NOTES:
Application
—
2010 c 267:
See note following RCW 9A.44.128
.
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
.
RCW 9.94A.703
Community custody
—
Conditions.
When a court sentences a person to a term of community custody, the court shall impose conditions of community custody as provided in this section.
(1)
Mandatory conditions.
As part of any term of community custody, the court shall:
(a) Require the offender to inform the department of court-ordered treatment upon request by the department;
(b) Require the offender to comply with any conditions imposed by the department under RCW 9.94A.704
;
(c) If the offender was sentenced under RCW 9.94A.507
for an offense listed in RCW 9.94A.507
(1)(a), and the victim of the offense was under 18 years of age at the time of the offense, prohibit the offender from residing in a community protection zone;
(d) If the offender was sentenced under RCW 9A.36.120, prohibit the offender from serving in any paid or volunteer capacity where he or she has control or supervision of minors under the age of 13.
(2)
Waivable conditions.
Unless waived by the court, as part of any term of community custody, the court shall order an offender to:
(a) Report to and be available for contact with the assigned community corrections officer as directed;
(b) Work at department-approved education, employment, or community restitution, or any combination thereof;
(c) Refrain from possessing or consuming controlled substances except pursuant to lawfully issued prescriptions; and
(d) Obtain prior approval of the department for the offender's residence location and living arrangements.
(3)
Discretionary conditions.
As part of any term of community custody, the court may order an offender to:
(a) Remain within, or outside of, a specified geographical boundary;
(b) Refrain from direct or indirect contact with the victim of the crime or a specified class of individuals;
(c) Participate in crime-related treatment or counseling services;
(d) Participate in rehabilitative programs or otherwise perform affirmative conduct reasonably related to the circumstances of the offense, the offender's risk of reoffending, or the safety of the community;
(e) Refrain from possessing or consuming alcohol; or
(f) Comply with any crime-related prohibitions.
(4)
Special conditions.
(a) In sentencing an offender convicted of a crime of domestic violence, as defined in RCW 10.99.020, if the offender has a minor child, or if the victim of the offense for which the offender was convicted has a minor child, the court may order the offender to participate in a domestic violence perpetrator program approved under RCW 43.20A.735
.
(b)(i) In sentencing an offender convicted of an alcohol or drug-related traffic offense, the court shall require the offender to complete a diagnostic evaluation by a substance use disorder treatment program approved by the department of social and health services or a qualified probation department, defined under RCW 46.61.516, that has been approved by the department of social and health services. If the offense was pursuant to chapter
46.61
RCW, the report shall be forwarded to the department of licensing. If the offender is found to have an alcohol or drug problem that requires treatment, the offender shall complete treatment in an approved substance use disorder treatment program as defined in chapter
71.24
RCW. If the offender is found not to have an alcohol or drug problem that requires treatment, the offender shall complete a course in an alcohol and drug information school licensed or certified by the department of health under *chapter
70.96A
RCW. The offender shall pay all costs for any evaluation, education, or treatment required by this section, unless the offender is eligible for an existing program offered or approved by the department of social and health services.
(ii) For purposes of this section, "alcohol or drug-related traffic offense" means the following: Driving while under the influence as defined by RCW 46.61.502, actual physical control while under the influence as defined by RCW 46.61.504, vehicular homicide as defined by RCW 46.61.520
(1)(a), vehicular assault as defined by RCW 46.61.522
(1)(b), homicide by watercraft as defined by RCW 79A.60.050, or assault by watercraft as defined by RCW 79A.60.060
.
(iii) This subsection (4)(b) does not require the department of social and health services to add new treatment or assessment facilities nor affect its use of existing programs and facilities authorized by law.
(5)(a) On the motion of the offender, following the offender's release from total confinement, the court may amend the substantive conditions of community custody imposed by the court.
(b) The offender shall have the burden of proving by a preponderance of the evidence that there has been a substantial change in circumstances such that the condition of community custody is no longer necessary for community safety. In determining whether there has been a substantial change in circumstances, the court may not base its determination solely on the fact that time has passed without a violation.
(c) An offender may file a motion to modify substantive conditions of community custody imposed by the court no more than once in every 12-month period that the order is in effect, starting from the date of the order.
(d) The time limit for collateral attacks established under RCW 10.73.090
does not apply to any motion filed pursuant to this subsection.
(e) A motion under this subsection may not reopen the offender's conviction to challenges that would otherwise be barred by RCW 10.73.090, 10.73.100, 10.73.140, or other procedural barriers.
[
2024 c 118 s 2
;
2022 c 29 s 8
; (2022 c 29 s 7 expired July 1, 2022);
2021 c 215 s 104
;
2018 c 201 s 9004
;
2015 c 81 s 3
. Prior:
2009 c 214 s 3
;
2009 c 28 s 11
;
2008 c 231 s 9
.]
NOTES:
*Reviser's note:
Chapter
70.96A
RCW was repealed and/or recodified in its entirety pursuant to 2016 sp.s. c 29 ss 301, 601, and 701.
Application
—
Effective date
—
2024 c 118:
See notes following RCW 9.94A.704
.
Effective date
—
2022 c 29 s 8:
"Section 8 of this act takes effect July 1, 2022." [
2022 c 29 s 17
.]
Expiration date
—
2022 c 29 s 7:
"Section 7 of this act expires July 1, 2022." [
2022 c 29 s 16
.]
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
.
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Short title
—
2009 c 214:
"This act shall be known as the Eryk Woodruff public safety act of 2009." [
2009 c 214 s 1
.]
Effective date
—
2009 c 214:
"This act takes effect August 1, 2009." [
2009 c 214 s 4
.]
Effective date
—
2009 c 28:
See note following RCW 2.24.040
.
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
.
RCW 9.94A.704
Community custody
—
Supervision by the department
—
Conditions.
(1) Every person who is sentenced to a period of community custody shall report to and be placed under the supervision of the department, subject to RCW 9.94A.501
.
(2)(a) The department shall assess the offender's risk of reoffense and may establish and modify additional conditions of community custody based upon the risk to community safety.
(b) Within the funds available for community custody, the department shall determine conditions as provided for in this section, and shall supervise offenders during community custody on the basis of risk to community safety and conditions imposed by the court. The secretary shall adopt rules to implement the provisions of this subsection (2)(b).
(3) If the offender is supervised by the department, the department shall at a minimum instruct the offender to:
(a) Report as directed to a community corrections officer;
(b) Remain within prescribed geographical boundaries;
(c) Notify the community corrections officer of any change in the offender's address or employment; and
(d) Disclose the fact of supervision to any mental health, chemical dependency, or domestic violence treatment provider, as required by RCW 9.94A.722
.
(4) The department may require the offender to participate in rehabilitative programs, or otherwise perform affirmative conduct, and to obey all laws.
(5) If the offender was sentenced pursuant to a conviction for a sex offense or domestic violence, the department may:
(a) Require the offender to refrain from direct or indirect contact with the victim of the crime or immediate family member of the victim of the crime. If a victim or an immediate family member of a victim has requested that the offender not contact him or her after notice as provided in RCW 72.09.340, the department shall require the offender to refrain from contact with the requestor. Where the victim is a minor, the parent or guardian of the victim may make a request on the victim's behalf. This subsection is not intended to reduce the preexisting authority of the department to impose no-contact conditions regardless of the offender's crime and regardless of who is protected by the no-contact condition, where such condition is based on risk to community safety.
(b) Impose electronic monitoring. Within the resources made available by the department for this purpose, the department shall carry out any electronic monitoring using the most appropriate technology given the individual circumstances of the offender. As used in this section, "electronic monitoring" has the same meaning as in RCW 9.94A.030
.
(6) The department may not impose conditions that are contrary to those ordered by the court and may not contravene or decrease court-imposed conditions.
(7)(a) The department shall notify the offender in writing of any additional conditions or modifications.
(b) Within 10 business days of receiving notice of a condition imposed or modified by the department, an offender may request an administrative review under rules adopted by the department. The condition shall remain in effect if the reviewing officer finds that it is reasonably related to at least one of the following: The crime of conviction, the offender's risk of reoffending, or the safety of the community.
(8) The department shall notify the offender in writing upon community custody intake of the department's violation process.
(9) The department may require offenders to pay for special services rendered including electronic monitoring, day reporting, and telephone reporting, dependent on the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.
(10)(a) When an offender on community custody is under the authority of the board, the department shall assess the offender's risk of recidivism and shall recommend to the board any additional or modified conditions based upon the offender's crime of conviction, risk of reoffense, or risk to community safety and may recommend affirmative conduct or electronic monitoring consistent with subsections (4) through (6) of this section.
(b) The board may impose or modify conditions in addition to court-ordered conditions. The board may not impose conditions that are contrary to those ordered by the court and may not contravene or decrease court-imposed conditions. The board must consider and may impose department-recommended conditions. The board must impose a condition requiring the offender to refrain from contact with the victim or immediate family member of the victim as provided in subsection (5)(a) of this section. Regardless of the offender's date of sentencing, additional conditions imposed or modified by the board may be based upon the offender's crime of conviction, risk of reoffense, or risk to community safety. The additional conditions of community custody need not be crime-related if the conditions reasonably relate to either the risk of reoffense or risk to community safety.
(c) Within 10 business days of receiving notice of a condition imposed by the board or the department, an offender may request an administrative hearing under rules adopted by the board. The condition shall remain in effect if the hearing examiner finds that it is reasonably related to at least one of the following:
(i) The crime of conviction;
(ii) The offender's risk of reoffending;
(iii) The safety of the community; or
(iv) The offender's risk of domestic violence reoffense.
(d) If the department finds that an emergency exists requiring the immediate imposition of additional conditions in order to prevent the offender from committing a crime, the department may impose such conditions. The department may not impose conditions that are contrary to those set by the board or the court and may not contravene or decrease court-imposed or board-imposed conditions. Conditions imposed under this subsection shall take effect immediately after notice to the offender by personal service, but shall not remain in effect longer than seven working days unless approved by the board.
(e) The board shall notify the offender in writing of any additional or modified conditions.
(11) In setting, modifying, and enforcing conditions of community custody, the department shall be deemed to be performing a quasi-judicial function.
[
2024 c 118 s 1
;
2022 c 29 s 9
;
2019 c 263 s 601
;
2016 c 108 s 1
. Prior:
2015 c 287 s 7
;
2015 c 134 s 8
;
2014 c 35 s 1
;
2012 1st sp.s. c 6 s 3
;
2009 c 375 s 6
;
2009 c 28 s 12
;
2008 c 231 s 10
.]
NOTES:
Application
—
2024 c 118:
"This act applies to all offenders sentenced to a term of community custody before, on, or after March 15, 2024." [
2024 c 118 s 9
.]
Effective date
—
2024 c 118:
"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 immediately [March 15, 2024]." [
2024 c 118 s 11
.]
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
.
Findings
—
Intent
—
2019 c 263 ss 202-803:
See note following RCW 10.01.240
.
Effective date
—
2019 c 263 ss 501-504, 601, 602, and 701-708:
See note following RCW 9.94A.500
.
Effective date
—
2015 c 134:
See note following RCW 9.94A.501
.
Effective date
—
2012 1st sp.s. c 6 ss 1, 3 through 9, and 11 through 14:
See note following RCW 9.94A.631
.
Application
—
2012 1st sp.s. c 6:
See note following RCW 9.94A.631
.
Application
—
2009 c 375:
See note following RCW 9.94A.501
.
Effective date
—
2009 c 28:
See note following RCW 2.24.040
.
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
.
RCW 9.94A.706
Community custody
—
Possession of firearms, ammunition, or explosives prohibited.
(1) No offender sentenced to a term of community custody under the supervision of the department may own, use, or possess firearms, ammunition, or explosives. An offender's actual or constructive possession of firearms, ammunition, or explosives shall be reported to local law enforcement or local prosecution for consideration of new charges and subject to sanctions under RCW 9.94A.633
or
9.94A.737
.
(2) For the purposes of this section:
(a) "Constructive possession" means the power and intent to control the firearm, ammunition, or explosives.
(b) "Explosives" has the same definition as in RCW 46.04.170
.
(c) "Firearm" has the same definition as in RCW 9.41.010
.
[
2012 1st sp.s. c 6 s 4
;
2008 c 231 s 11
.]
NOTES:
Effective date
—
2012 1st sp.s. c 6 ss 1, 3 through 9, and 11 through 14:
See note following RCW 9.94A.631
.
Application
—
2012 1st sp.s. c 6:
See note following RCW 9.94A.631
.
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
.
RCW 9.94A.707
Community custody
—
Commencement
—
Conditions.
(1) Community custody shall begin: (a) Upon completion of the term of confinement; or (b) at the time of sentencing if no term of confinement is ordered.
(2) When an offender is sentenced to community custody, the offender is subject to the conditions of community custody as of the date of sentencing, unless otherwise ordered by the court.
[
2009 c 375 s 7
;
2008 c 231 s 12
.]
NOTES:
Application
—
2009 c 375:
See note following RCW 9.94A.501
.
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
.
RCW 9.94A.708
Community custody
—
Mental health information
—
Access by department.
(1) When an offender is under community custody, the community corrections officer may obtain information from the offender's mental health treatment provider on the offender's status with respect to evaluation, application for services, registration for services, and compliance with the supervision plan, without the offender's consent, as described under *RCW 71.05.630
.
(2) An offender under community custody who is civilly detained under chapter
71.05
RCW, and subsequently discharged or conditionally released to the community, shall be under the supervision of the department for the duration of his or her period of community custody. During any period of inpatient mental health treatment that falls within the period of community custody, the inpatient treatment provider and the supervising community corrections officer shall notify each other about the offender's discharge, release, and legal status, and shall share other relevant information.
[
2008 c 231 s 13
.]
NOTES:
*Reviser's note:
RCW 71.05.630
was repealed by 2013 c 200 s 34, effective July 1, 2014.
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
.
RCW 9.94A.709
Community custody
—
Sex offenders
—
Conditions.
(1) At any time prior to the completion or termination of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions of community custody for a period up to the maximum allowable sentence for the crime as it is classified in chapter
9A.20
RCW, regardless of the expiration of the offender's term of community custody.
(2)(a) On the motion of the offender, following the offender's release from total confinement, the court may amend the substantive conditions of community custody imposed by the court.
(b) The offender shall have the burden of proving by a preponderance of the evidence that there has been a substantial change in circumstances such that the condition of community custody is no longer necessary for community safety. In determining whether there has been a substantial change in circumstances, the court may not base its determination solely on the fact that time has passed without a violation.
(c) An offender may file a motion to modify substantive conditions of community custody imposed by the court no more than once in every 12-month period that the order is in effect, starting from the date of the order.
(d) The time limit for collateral attacks established under RCW 10.73.090
does not apply to any motion filed pursuant to this subsection.
(e) A motion under this subsection may not reopen the offender's conviction to challenges that would otherwise be barred by RCW 10.73.090, 10.73.100, 10.73.140, or other procedural barriers.
(3) If a violation of a condition extended under this section occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.631
and may be punishable as contempt of court as provided for in RCW 7.21.040
.
(4) If the court extends a condition beyond the expiration of the term of community custody, the department is not responsible for supervision of the offender's compliance with the condition.
[
2024 c 118 s 3
;
2008 c 231 s 14
.]
NOTES:
Application
—
Effective date
—
2024 c 118:
See notes following RCW 9.94A.704
.
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
.
RCW 9.94A.711
Community custody
—
Motor vehicle-related felonies
—
Sentencing
—
Report.
(Expires June 30, 2026.)
(1) Notwithstanding the provisions of RCW 9.94A.701
and
9.94A.702
and subject to the provisions of this section, a court may sentence an offender to community custody for a period of six to twelve months when the midpoint of the standard sentence range is greater than one year and the person is being sentenced for one of the following crimes:
(a) Theft of a motor vehicle (RCW 9A.56.065
);
(b) Possession of a stolen vehicle (RCW 9A.56.068
);
(c) Taking a motor vehicle without permission in the first degree (RCW 9A.56.070
);
(d) Taking a motor vehicle without permission in the second degree (RCW 9A.56.075
); or
(e) Attempt of (a) or (b) of this subsection.
(2) The department shall conduct an assessment of the offender and identify programming and services that would be appropriate to address the offender's needs. To the extent possible, the department shall make available the programming identified by the assessment while the offender is on community custody.
(3) For purposes of this section, the offender's sentence of incarceration may not exceed the midpoint of the standard sentence range reduced by one-third of the ordered term of community custody.
(4) An offender receiving a sentence under this section is not eligible for earned release time under RCW 9.94A.729
in excess of one-third of the total sentence.
(5) No later than November 1, 2025, the department shall submit a report to the governor and the appropriate committees of the legislature analyzing the effectiveness of supervision in reducing recidivism among offenders committing felonies relating to the theft or taking of a motor vehicle. The department shall consult with the Washington state institute for public policy in guiding its data tracking efforts and preparing the report.
(6) This section expires June 30, 2026.
[
2019 c 191 s 1
.]
RCW 9.94A.714
Community custody
—
Violations
—
Electronic monitoring program
—
Immunity from civil liability.
(1) The department may work with the Washington association of sheriffs and police chiefs to establish and operate an electronic monitoring program for offenders who violate the terms of their community custody.
(2) Local governments, their subdivisions and employees, the department and its employees, and the Washington association of sheriffs and police chiefs and its employees are immune from civil liability for damages arising from incidents involving offenders who are placed on electronic monitoring unless it is shown that an employee acted with gross negligence or bad faith.
[
2012 1st sp.s. c 6 s 5
;
2008 c 231 s 16
.]
NOTES:
Effective date
—
2012 1st sp.s. c 6 ss 1, 3 through 9, and 11 through 14:
See note following RCW 9.94A.631
.
Application
—
2012 1st sp.s. c 6:
See note following RCW 9.94A.631
.
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
.
RCW 9.94A.716
Community custody
—
Violations
—
Arrest.
(1) The secretary may issue warrants for the arrest of any offender who violates a condition of community custody. The arrest warrants shall authorize any law enforcement or peace officer or community corrections officer of this state or any other state where such offender may be located, to arrest the offender and place him or her in total confinement pending disposition of the alleged violation pursuant to RCW 9.94A.633
.
(2) A community corrections officer, if he or she has reasonable cause to believe an offender has violated a condition of community custody, may suspend the person's community custody status and arrest or cause the arrest and detention in total confinement of the offender, pending the determination of the secretary as to whether the violation has occurred. The community corrections officer shall report to the secretary all facts and circumstances and the reasons for the action of suspending community custody status.
(3) If an offender has been arrested by the department for a new felony offense while under community custody, the facts and circumstances of the conduct of the offender shall be reported by the community corrections officer to local law enforcement or local prosecution for consideration of new charges. The community corrections officer's report shall serve as notice that the department will hold the offender in total confinement for not more than three days from the time of such notice for the new crime, except if the offender's underlying offense is a felony offense listed in RCW 9.94A.737
(5), in which case the department will hold the offender for thirty days from the time of arrest, until a prosecuting attorney charges the offender with a crime, or until a prosecuting attorney provides written notice to the department that new charges will not be filed, whichever occurs first. Nothing in this subsection shall be construed as to permit the department to hold an offender past his or her maximum term of total confinement if the offender has not completed the maximum term of total confinement or to permit the department to hold an offender past the offender's term of community custody.
(4) A violation of a condition of community custody shall be deemed a violation of the sentence for purposes of RCW 9.94A.631
. The authority granted to community corrections officers under this section shall be in addition to that set forth in RCW 9.94A.631
.
[
2020 c 82 s 3
;
2012 1st sp.s. c 6 s 6
;
2008 c 231 s 21
.]
NOTES:
Retroactive application
—
2020 c 82 ss 1-3:
See note following RCW 9.94A.737
.
Appropriation
—
Report
—
2020 c 82:
See note following RCW 9.94A.737
.
Effective date
—
2012 1st sp.s. c 6 ss 1, 3 through 9, and 11 through 14:
See note following RCW 9.94A.631
.
Application
—
2012 1st sp.s. c 6:
See note following RCW 9.94A.631
.
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
.
RCW 9.94A.717
Community custody
—
Supervision compliance credit.
(1) If an offender sentenced under this chapter or chapter
9.94B
RCW is supervised by the department, the offender may earn supervision compliance credit in accordance with procedures that are developed and adopted by the department. Such procedures shall be available on the department's website.
(a) The supervision compliance credit shall be awarded to offenders who are in compliance with supervision terms, as determined by the department.
(b) For each month in compliance with supervision terms in accordance with (a) of this subsection, an offender may earn supervision compliance credit of 10 days.
(c) Supervision compliance credit is accrued monthly and time shall not be applied to an offender's term of supervision prior to the earning of the time.
(d) An offender shall lose the ability to earn supervision compliance credits if the offender is sanctioned by a court for noncompliance with community custody requirements.
(2) An offender is not eligible to earn supervision compliance credit if he or she:
(a) Was sentenced under RCW 9.94A.507
or
10.95.030
;
(b) Was sentenced to any sentencing alternative under this chapter;
(c) Is subject to supervision pursuant to RCW 9.94A.745
;
(d) Is subject to a governor's conditional commutation;
(e) Has an indeterminate sentence and is subject to parole pursuant to RCW 9.95.017
; or
(f) Is serving community custody pursuant to early release under RCW 9.94A.730
.
(3) An offender is not eligible to earn supervision compliance credit on any cause being served concurrently with a less restrictive alternative subject to supervision pursuant to RCW 71.09.092
.
[
2025 c 397 s 1
;
2025 c 48 s 3
;
2020 c 275 s 2
.]
NOTES:
Reviser's note:
This section was amended by 2025 c 48 s 3 and by 2025 c 397 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Implementation
—
2020 c 275:
See note following RCW 9.94A.501
.
RCW 9.94A.718
Supervision of offenders
—
Peace officers have authority to assist.
(1) Any peace officer has authority to assist the department with the supervisions of offenders.
(2) If a peace officer has reasonable cause to believe an offender is in violation of the terms of supervision, the peace officer may conduct a search as provided under RCW 9.94A.631, of the offender's person, automobile, or other personal property to search for evidence of the violation. A peace officer may assist a community corrections officer with a search of the offender's residence if requested to do so by the community corrections officer.
(3) Nothing in this section prevents a peace officer from arresting an offender for any new crime found as a result of the offender's arrest or search authorized by this section.
(4) Upon substantiation of a violation of the offender's conditions of community supervision, utilizing existing methods and systems, the peace officer should notify the department of the violation.
(5) For the purposes of this section, "peace officer" refers to a limited or general authority Washington peace officer as defined in RCW 10.93.020
.
[
2016 c 234 s 1
.]
RCW 9.94A.722
Court-ordered treatment
—
Required disclosures.
When an offender receiving court-ordered mental health, chemical dependency, or domestic violence treatment or treatment ordered by the department of corrections presents for treatment from a mental health or chemical dependency treatment provider, the offender must disclose to the mental health, chemical dependency, or domestic violence treatment provider whether he or she is subject to supervision by the department of corrections. If an offender has received relief from disclosure pursuant to RCW 9.94A.562, *
70.96A.155, or
71.05.132, the offender must provide the mental health, chemical dependency, or domestic violence treatment provider with a copy of the order granting the relief.
[
2019 c 263 s 602
;
2004 c 166 s 9
.]
NOTES:
*Reviser's note:
RCW 70.96A.155
was repealed by
2016 sp.s. c 29 s 301
.
Findings
—
Intent
—
2019 c 263 ss 202-803:
See note following RCW 10.01.240
.
Effective date
—
2019 c 263 ss 501-504, 601, 602, and 701-708:
See note following RCW 9.94A.500
.
Severability
—
Effective dates
—
2004 c 166:
See notes following RCW 71.05.040
.
RCW 9.94A.723
Court-ordered treatment
—
Offender's failure to inform.
An offender's failure to inform the department of court-ordered treatment upon request by the department is a violation of the conditions of supervision if the offender is in the community and an infraction if the offender is in confinement, and the violation or infraction is subject to sanctions.
[
2004 c 166 s 7
.]
NOTES:
Severability
—
Effective dates
—
2004 c 166:
See notes following RCW 71.05.040
.
RCW 9.94A.725
Offender work crews.
Participation in a work crew is conditioned upon the offender's acceptance into the program, abstinence from alcohol and controlled substances as demonstrated by urinalysis and breathalyzer monitoring, with the cost of monitoring to be paid by the offender, unless indigent; and upon compliance with the rules of the program, which rules require the offender to work to the best of his or her abilities and provide the program with accurate, verified residence information. Work crew may be imposed simultaneously with electronic home detention.
Where work crew is imposed as part of a sentence of nine months or more, the offender must serve a minimum of thirty days of total confinement before being eligible for work crew.
Work crew tasks shall be performed for a minimum of thirty-five hours per week. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state, or sanctioned under RCW 9.94A.737, are eligible to participate on a work crew. Offenders sentenced for a sex offense are not eligible for the work crew program.
An offender who has successfully completed four weeks of work crew at thirty-five hours per week shall thereafter receive credit toward the work crew sentence for hours worked at approved, verified employment. Such employment credit may be earned for up to twenty-four hours actual employment per week provided, however, that every such offender shall continue active participation in work crew projects according to a schedule approved by a work crew supervisor until the work crew sentence has been served.
The hours served as part of a work crew sentence may include substance abuse counseling and/or job skills training.
The civic improvement tasks performed by offenders on work crew shall be unskilled labor for the benefit of the community as determined by the head of the county executive branch or his or her designee. Civic improvement tasks shall not be done on private property unless it is owned or operated by a nonprofit entity, except that, for emergency purposes only, work crews may perform snow removal on any private property. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385
. In case any dispute arises as to a civic improvement task having more than minimum negative impact on existing private industries or labor force in the county where their service or labor is performed, the matter shall be referred by an interested party, as defined in RCW 39.12.010
(4), for arbitration to the director of the department of labor and industries of the state.
Whenever an offender receives credit against a work crew sentence for hours of approved, verified employment, the offender shall pay to the agency administering the program the monthly assessment of an amount not less than ten dollars per month nor more than fifty dollars per month. This assessment shall be considered payment of the costs of providing the work crew program to an offender. The court may exempt a person from the payment of all or any part of the assessment based upon any of the following factors:
(1) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payment.
(2) The offender is a student in a school, college, university, or a course of vocational or technical training designed to fit the student for gainful employment.
(3) The offender has an employment handicap, as determined by an examination acceptable to or ordered by the court.
(4) The offender is responsible for the support of dependents and the payment of the assessment constitutes an undue hardship.
(5) Other extenuating circumstances as determined by the court.
[
2000 c 28 s 27
;
1991 c 181 s 2
. Formerly RCW 9.94A.135
.]
NOTES:
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
RCW 9.94A.728
Release prior to expiration of sentence.
(1) No incarcerated individual serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:
(a) An incarcerated individual may earn early release time as authorized by RCW 9.94A.729
;
(b) An incarcerated individual may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, incarcerated individuals may leave a correctional facility when in the custody of a corrections officer or officers;
(c)(i) The secretary may authorize an extraordinary medical placement for an incarcerated individual when all of the following conditions exist:
(A) The incarcerated individual has been assessed by two physicians and is determined to be one of the following:
(I) Affected by a permanent or degenerative medical condition to such a degree that the individual does not presently, and likely will not in the future, pose a threat to public safety; or
(II) In ill health and is expected to die within six months and does not presently, and likely will not in the future, pose a threat to public safety;
(B) The incarcerated individual has been assessed as low risk to the community at the time of release; and
(C) It is expected that granting the extraordinary medical placement will result in a cost savings to the state.
(ii) An incarcerated individual sentenced to death or to life imprisonment without the possibility of release or parole is not eligible for an extraordinary medical placement.
(iii) The secretary shall require electronic monitoring for all individuals in extraordinary medical placement unless the electronic monitoring equipment is detrimental to the individual's health, interferes with the function of the individual's medical equipment, or results in the loss of funding for the individual's medical care, in which case, an alternative type of monitoring shall be utilized. The secretary shall specify who shall provide the monitoring services and the terms under which the monitoring shall be performed.
(iv) The secretary may revoke an extraordinary medical placement under this subsection (1)(c) at any time.
(v) Persistent offenders are not eligible for extraordinary medical placement;
(d) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release:
(i) For reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances; or
(ii) Pursuant to RCW 9.94A.885
;
(e) No more than the final 18 months of the incarcerated individual's term of confinement may be served in partial confinement for aiding the incarcerated individual with: Finding work as part of the work release program under chapter
72.65
RCW; [or] reestablishing himself or herself in the community as part of the parenting program in RCW 9.94A.6551
. This is in addition to that period of earned early release time that may be exchanged for partial confinement pursuant to RCW 9.94A.729
(5)(d);
(f)(i) No more than the final nine months of the incarcerated individual's term of confinement may be served in partial confinement as home detention as part of the graduated reentry program developed by the department under RCW 9.94A.733
(1)(a);
(ii) For eligible incarcerated individuals under RCW 9.94A.733
(1)(b), after serving at least three months in total confinement in a state correctional facility, an incarcerated individual may serve no more than the final 18 months of the incarcerated individual's term of confinement in partial confinement as home detention as part of the graduated reentry program developed by the department;
(g) The governor may pardon any incarcerated individual;
(h) The department may release an incarcerated individual from confinement any time within 10 days before a release date calculated under this section;
(i) An incarcerated individual may leave a correctional facility prior to completion of his or her sentence if the sentence has been reduced as provided in RCW 9.94A.870
;
(j) Notwithstanding any other provisions of this section, an incarcerated individual sentenced for a felony crime listed in RCW 9.94A.540
as subject to a mandatory minimum sentence of total confinement shall not be released from total confinement before the completion of the listed mandatory minimum sentence for that felony crime of conviction unless allowed under RCW 9.94A.540
; and
(k) Any individual convicted of one or more crimes committed prior to the individual's 18th birthday may be released from confinement pursuant to RCW 9.94A.730
.
(2) Notwithstanding any other provision of this section, an incarcerated individual entitled to vacation of a conviction or the recalculation of his or her offender score pursuant to
State v. Blake
, No. 96873-0 (Feb. 25, 2021), may be released from confinement pursuant to a court order if the incarcerated individual has already served a period of confinement that exceeds his or her new standard range. This provision does not create an independent right to release from confinement prior to resentencing.
(3) Individuals residing in a juvenile correctional facility placement pursuant to RCW 72.01.410
(1)(a) are not subject to the limitations in this section.
[
2025 c 407 s 6
;
2025 c 371 s 6
;
2023 c 358 s 1
. Prior:
2021 c 311 s 19
;
2021 c 266 s 2
;
2018 c 166 s 2
; prior:
2015 c 156 s 1
;
2015 c 134 s 3
;
2010 c 224 s 6
; prior:
2009 c 455 s 2
; (2009 c 455 s 1 expired August 1, 2009);
2009 c 441 s 1
;
2009 c 399 s 1
;
2008 c 231 s 34
;
2007 c 483 s 304
;
2004 c 176 s 6
;
2003 c 379 s 1
; prior:
2002 c 290 s 21
;
2002 c 50 s 2
;
2000 c 28 s 28
; prior:
1999 c 324 s 1
;
1999 c 37 s 1
;
1996 c 199 s 2
;
1995 c 129 s 7
(Initiative Measure No. 159);
1992 c 145 s 8
;
1990 c 3 s 202
;
1989 c 248 s 2
; prior:
1988 c 153 s 3
;
1988 c 3 s 1
;
1984 c 209 s 8
;
1982 c 192 s 6
;
1981 c 137 s 15
. Formerly RCW 9.94A.150
.]
NOTES:
Reviser's note:
This section was amended by 2025 c 371 s 6 and by 2025 c 407 s 6, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Retroactive application
—
Findings
—
Intent
—
2025 c 407:
See notes following RCW 9.94A.6551
.
Effective date
—
2021 c 311 ss 1-11 and 13-21:
See note following RCW 71.24.115
.
Retroactive application
—
2021 c 266:
See note following RCW 9.94A.733
.
Effective date
—
2015 c 134:
See note following RCW 9.94A.501
.
Effective date
—
2009 c 455 s 2:
"Section 2 of this act takes effect August 1, 2009." [
2009 c 455 s 5
.]
Expiration date
—
2009 c 455 s 1:
"Section 1 of this act expires August 1, 2009." [
2009 c 455 s 6
.]
Effective date
—
2009 c 441:
"This act takes effect August 1, 2009." [
2009 c 441 s 2
.]
Effective date
—
2009 c 399:
"This act takes effect August 1, 2009." [
2009 c 399 s 2
.]
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
.
Findings
—
2007 c 483:
See RCW 72.78.005
.
Severability
—
Effective date
—
2004 c 176:
See notes following RCW 9.94A.515
.
Severability
—
2003 c 379:
"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." [
2003 c 379 s 28
.]
Effective dates
—
2003 c 379:
"(1) Sections 1 through 12, 20, and 28 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 July 1, 2003.
(2) Sections 13 through 19 and 21 through 27 of this act take effect October 1, 2003." [
2003 c 379 s 29
.]
Effective date
—
2002 c 290 ss 7-11 and 14-23:
See note following RCW 9.94A.515
.
Intent
—
2002 c 290:
See note following RCW 9.94A.517
.
Intent
—
2002 c 50:
"The legislature has determined in RCW 9.94A.728
(2) that the department of corrections may transfer offenders to community custody status in lieu of earned release time in accordance with a program developed by the department of corrections. It is the legislature's intent, in response to:
In re: Capello 106 Wn.App. 576 (2001)
, to clarify the law to reflect that the secretary of the department has, and has had since enactment of the community placement act of 1988, the authority to require all offenders, eligible for release to community custody status in lieu of earned release, to provide a release plan that includes an approved residence and living arrangement prior to any transfer to the community." [
2002 c 50 s 1
.]
Application
—
2002 c 50:
"This act applies to all offenders with community placement or community custody terms currently incarcerated either before, on, or after March 14, 2002." [
2002 c 50 s 3
.]
Severability
—
2002 c 50:
"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." [
2002 c 50 s 4
.]
Effective date
—
2002 c 50:
"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 immediately [March 14, 2002]." [
2002 c 50 s 5
.]
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
Severability
—
1996 c 199:
See note following RCW 9.94A.505
.
Findings and intent
—
Short title
—
Severability
—
Captions not law
—
1995 c 129:
See notes following RCW 9.94A.510
.
Application
—
1989 c 248:
See note following RCW 9.92.151
.
Effective date
—
Application of increased sanctions
—
1988 c 153:
See notes following RCW 9.94A.030
.
Effective dates
—
1984 c 209:
See note following RCW 9.94A.030
.
Effective date
—
1981 c 137:
See RCW 9.94A.905
.
RCW 9.94A.7281
Legislative declaration
—
Earned release time not an entitlement.
The legislature declares that the changes to the maximum percentages of earned release time in chapter 379, Laws of 2003 do not create any expectation that the percentage of earned release time cannot be revised and offenders have no reason to conclude that the maximum percentage of earned release time is an entitlement or creates any liberty interest. The legislature retains full control over the right to revise the percentages of earned release time available to offenders at any time. This section applies to persons convicted on or after July 1, 2003.
[
2003 c 379 s 2
.]
NOTES:
Severability
—
Effective dates
—
2003 c 379:
See notes following RCW 9.94A.728
.
RCW 9.94A.729
Earned release time
—
Risk assessments.
(1)(a) The term of the sentence of an offender committed to a correctional facility operated by the department may be reduced by earned release time in accordance with procedures that shall be developed and adopted by the correctional agency having jurisdiction in which the offender is confined. The earned release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned release credits in advance of the offender actually earning the credits.
(b) Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department, the administrator of a county jail facility shall certify to the department the amount of time spent in custody at the facility and the number of days of early release credits lost or not earned. The department may approve a jail certification from a correctional agency that calculates early release time based on the actual amount of confinement time served by the offender before sentencing when an erroneous calculation of confinement time served by the offender before sentencing appears on the judgment and sentence. The department must adjust an offender's rate of early release listed on the jail certification to be consistent with the rate applicable to offenders in the department's facilities. However, the department is not authorized to adjust the number of presentence early release days that the jail has certified as lost or not earned.
(2)(a) An offender who has been convicted of a felony committed after July 23, 1995, that involves any applicable deadly weapon enhancements under RCW 9.94A.533
(3) or (4), or both, shall not receive any good time credits or earned release time for that portion of his or her sentence that results from any deadly weapon enhancements.
(b) An offender whose sentence includes any impaired driving enhancements under RCW 9.94A.533
(7), minor child enhancements under RCW 9.94A.533
(13), or both, shall not receive any good time credits or earned release time for any portion of his or her sentence that results from those enhancements.
(3) An offender may earn early release time as follows:
(a) In the case of an offender sentenced pursuant to RCW *
10.95.030
(3) or
10.95.035, the offender may not receive any earned early release time during the minimum term of confinement imposed by the court; for any remaining portion of the sentence served by the offender, the aggregate earned release time may not exceed 10 percent of the sentence.
(b) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 1990, and before July 1, 2003, the aggregate earned release time may not exceed 15 percent of the sentence.
(c) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2003, the aggregate earned release time may not exceed 10 percent of the sentence.
(d) An offender is qualified to earn up to 50 percent of aggregate earned release time if he or she:
(i) Is not classified as an offender who is at a high risk to reoffend as provided in subsection (4) of this section;
(ii) Is not confined pursuant to a sentence for:
(A) A sex offense;
(B) A violent offense;
(C) A crime against persons as defined in RCW 9.94A.411
;
(D) A felony that is domestic violence as defined in RCW 10.99.020
;
(E) A violation of RCW 9A.52.025
(residential burglary);
(F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401
by manufacture or delivery or possession with intent to deliver methamphetamine; or
(G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406
(delivery of a controlled substance to a minor);
(iii) Has no prior conviction for the offenses listed in (d)(ii) of this subsection;
(iv) Participates in programming or activities as directed by the offender's individual reentry plan as provided under RCW 72.09.270
to the extent that such programming or activities are made available by the department; and
(v) Has not committed a new felony after July 22, 2007, while under community custody.
(e) In no other case shall the aggregate earned release time exceed one-third of the total sentence.
(4) The department shall perform a risk assessment of each offender who may qualify for earned early release under subsection (3)(d) of this section utilizing the risk assessment tool recommended by the Washington state institute for public policy. Subsection (3)(d) of this section does not apply to offenders convicted after July 1, 2010.
(5)(a) A person who is eligible for earned early release as provided in this section and who will be supervised by the department pursuant to RCW 9.94A.501
or **
9.94A.5011, shall be transferred to community custody in lieu of earned release time;
(b) The department shall, as a part of its program for release to the community in lieu of earned release, require the offender to propose a release plan that includes an approved residence and living arrangement. All offenders with community custody terms eligible for release to community custody in lieu of earned release shall provide an approved residence and living arrangement prior to release to the community;
(c) The department may deny transfer to community custody in lieu of earned release time if the department determines an offender's release plan, including proposed residence location and living arrangements, may violate the conditions of the sentence or conditions of supervision, place the offender at risk to violate the conditions of the sentence, place the offender at risk to reoffend, or present a risk to victim safety or community safety. The department's authority under this section is independent of any court-ordered condition of sentence or statutory provision regarding conditions for community custody;
(d) If the department is unable to approve the offender's release plan, the department may do one or more of the following:
(i) Transfer an offender to partial confinement in lieu of earned early release for a period not to exceed three months. The three months in partial confinement is in addition to that portion of the offender's term of confinement that may be served in partial confinement as provided in RCW 9.94A.728
(1)(e);
(ii) Provide rental vouchers to the offender for a period not to exceed six months if rental assistance will result in an approved release plan.
A voucher must be provided in conjunction with additional transition support programming or services that enable an offender to participate in services including, but not limited to, substance abuse treatment, mental health treatment, sex offender treatment, educational programming, or employment programming;
(e) The department shall maintain a list of housing providers that meets the requirements of RCW 72.09.285
. If more than two voucher recipients will be residing per dwelling unit, as defined in RCW 59.18.030, rental vouchers for those recipients may only be paid to a housing provider on the department's list;
(f) For each offender who is the recipient of a rental voucher, the department shall gather data as recommended by the Washington state institute for public policy in order to best demonstrate whether rental vouchers are effective in reducing recidivism.
(6) An offender serving a term of confinement imposed under RCW 9.94A.670
(5)(a) is not eligible for earned release credits under this section.
[
2022 c 29 s 1
;
2020 c 330 s 2
;
2015 c 134 s 4
;
2014 c 130 s 4
. Prior:
2013 2nd sp.s. c 14 s 2
;
2013 c 266 s 1
;
2011 1st sp.s. c 40 s 4
;
2010 c 224 s 7
;
2009 c 455 s 3
.]
NOTES:
Reviser's note:
*(1) RCW 10.95.030
was amended by 2023 c 102 s 20, changing subsection (3) to subsection (2).
**(2) RCW 9.94A.5011
expired August 1, 2014.
Housing voucher program outcome evaluation and benefit-cost analysis
—
2022 c 29:
"Subject to the availability of amounts appropriated for this specific purpose, the Washington state institute for public policy shall conduct an outcome evaluation and benefit-cost analysis of Washington's housing voucher program to account for the expansion of the program under RCW 9.94A.729
and
72.02.100
. The analysis should take into account impacts on homelessness, recidivism, criminal justice costs, use of public services, and other factors determined to be appropriate by the institute. The department of corrections shall cooperate with the institute to facilitate access to data or other resources necessary to complete the analysis required under this section. The institute shall submit a final report to the governor and appropriate committees of the legislature by November 1, 2025." [
2022 c 29 s 6
.]
Transfer of residual funds to the general fund
—
2022 c 29:
"The state treasurer shall transfer all residual funds in the cost of supervision fund to the general fund on June 30, 2022." [
2022 c 29 s 15
.]
Effective date
—
2020 c 330:
"Sections 2, 3, 5 through 12, and 14 through 18 of this act take effect January 1, 2022." [
2020 c 330 s 20
.]
Effective date
—
2015 c 134:
See note following RCW 9.94A.501
.
Application
—
Effective date
—
2014 c 130:
See notes following RCW 9.94A.510
.
Application
—
Recalculation of earned release date
—
Compilation of sentencing information
—
Report
—
Effective date
—
2013 2nd sp.s. c 14:
See notes following RCW 9.94A.517
.
Application
—
Recalculation of community custody terms
—
2011 1st sp.s. c 40:
See note following RCW 9.94A.501
.
Effective date
—
2011 1st sp.s. c 40 ss 1-9, 42:
See note following RCW 9.94A.501
.
Effective date
—
2009 c 455 s 3:
"Section 3 of 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 immediately [May 11, 2009]." [
2009 c 455 s 7
.]
RCW 9.94A.730
Early release for persons convicted of one or more crimes committed prior to 18th birthday
—
Petition to indeterminate sentence review board
—
Conditions
—
Assessment, programming, and services
—
Examination
—
Hearing
—
Supervision
—
Denial of petition.
(1) Notwithstanding any other provision of this chapter, any person convicted of one or more crimes committed prior to the person's 18th birthday may petition the indeterminate sentence review board for early release after serving no less than 20 years of total confinement, provided the person has not been convicted for any crime committed subsequent to the person's 18th birthday, the person has not committed a disqualifying serious infraction as defined by the department in the 12 months prior to filing the petition for early release, and the current sentence was not imposed under RCW 10.95.030
or
9.94A.507
.
(2) No later than five years prior to the date the offender will be eligible to petition for release, the department shall conduct an assessment of the offender and identify programming and services that would be appropriate to prepare the offender for return to the community. To the extent possible, the department shall make programming available as identified by the assessment.
(3) No later than 180 days from receipt of the petition for early release, the department shall conduct, and the offender shall participate in, an examination of the person, incorporating methodologies that are recognized by experts in the prediction of dangerousness, and including a prediction of the probability that the person will engage in future criminal behavior if released on conditions to be set by the board. The board may consider a person's failure to participate in an evaluation under this subsection in determining whether to release the person. The board shall order the person released under such affirmative and other conditions as the board determines appropriate, unless the board determines by a preponderance of the evidence that, despite such conditions, it is more likely than not that the person will commit new criminal law violations if released. The board shall give public safety considerations the highest priority when making all discretionary decisions regarding the ability for release and conditions of release.
(4) In a hearing conducted under subsection (3) of this section, the board shall provide opportunities for victims and survivors of victims of any crimes for which the offender has been convicted to present statements as set forth in RCW 7.69.032
. The procedures for victim and survivor of victim input shall be provided by rule. To facilitate victim and survivor of victim involvement, county prosecutor's offices shall ensure that any victim impact statements and known contact information for victims of record and survivors of victims are forwarded as part of the judgment and sentence.
(5) Any person released by the board pursuant to this section shall comply with conditions imposed or modified pursuant to RCW 9.94A.704
(10), in addition to court-imposed conditions.
(6) An offender released by the board is subject to the supervision of the department for a period of time to be determined by the board, up to the length of the court-imposed term of incarceration. The department shall monitor the offender's compliance with conditions of community custody imposed by the court or board and promptly report any violations to the board. Any violation of conditions of community custody established or modified by the board are subject to the provisions of RCW 9.95.425
through
9.95.440
.
(7) An offender whose petition for release is denied may file a new petition for release five years from the date of denial or at an earlier date as may be set by the board.
(8) An offender released under the provisions of this section may be returned to the institution at the discretion of the board if the offender is found to have violated a condition of community custody. The offender is entitled to a hearing pursuant to RCW 9.95.435
. If the board finds that the offender has committed a new violation, the board may return the offender to the institution for up to the remainder of the court-imposed term of incarceration. The offender may file a new petition for release five years from the date of return to the institution or at an earlier date as may be set by the board.
[
2024 c 118 s 4
;
2015 c 134 s 6
;
2014 c 130 s 10
.]
NOTES:
Application
—
Effective date
—
2024 c 118:
See notes following RCW 9.94A.704
.
Effective date
—
2015 c 134:
See note following RCW 9.94A.501
.
Effective date
—
2014 c 130:
See note following RCW 9.94A.510
.
RCW 9.94A.731
Term of partial confinement, work release, home detention.
(1) An offender sentenced to a term of partial confinement shall be confined in the facility for at least eight hours per day or, if serving a work crew sentence shall comply with the conditions of that sentence as set forth in RCW 9.94A.030
and
9.94A.725
. The offender shall be required as a condition of partial confinement to report to the facility at designated times. During the period of partial confinement, an offender may be required to comply with crime-related prohibitions and affirmative conditions imposed by the court or the department pursuant to this chapter.
(2) An offender in a county jail ordered to serve all or part of a term of less than one year in work release, work crew, or a program of home detention who violates the rules of the work release facility, work crew, or program of home detention or fails to remain employed or enrolled in school may be transferred to the appropriate county detention facility without further court order but shall, upon request, be notified of the right to request an administrative hearing on the issue of whether or not the offender failed to comply with the order and relevant conditions. Pending such hearing, or in the absence of a request for the hearing, the offender shall serve the remainder of the term of confinement as total confinement. This subsection shall not affect transfer or placement of offenders committed to the department.
(3) Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.
[
2009 c 28 s 13
;
2003 c 254 s 2
;
2000 c 28 s 29
;
1999 c 143 s 15
;
1991 c 181 s 4
;
1988 c 154 s 4
;
1987 c 456 s 3
;
1981 c 137 s 18
. Formerly RCW 9.94A.180
.]
NOTES:
Effective date
—
2009 c 28:
See note following RCW 2.24.040
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
Effective date
—
1981 c 137:
See RCW 9.94A.905
.
RCW 9.94A.733
Home detention
—
Graduated reentry program
—
Requirements for department.
(1)(a) Except as provided in (b) of this subsection, an incarcerated individual may not participate in the graduated reentry program under this subsection unless he or she has served at least six months in total confinement in a state correctional facility.
(i) An incarcerated individual subject to (a) of this subsection may serve no more than the final nine months of the incarcerated individual's term of confinement in partial confinement as home detention as part of the graduated reentry program developed by the department.
(ii) Home detention under (a) of this subsection may not be imposed for individuals subject to a deportation order, civil commitment, or the interstate compact for adult offender supervision under RCW 9.94A.745
.
(b) For incarcerated individuals who meet the requirements of (b)(iii) of this subsection, an incarcerated individual may not participate in the graduated reentry program unless he or she has served at least three months in total confinement in a state correctional facility.
(i) An incarcerated individual under this subsection (1)(b) may serve no more than the final 18 months of the incarcerated individual's term of confinement in partial confinement as home detention as part of the graduated reentry program developed by the department.
(ii) Home detention under this subsection (1)(b) may not be imposed for individuals subject to a deportation order or subject to the jurisdiction of the indeterminate sentence review board.
(iii) Home detention under this subsection (1)(b) may not be imposed for incarcerated individuals currently serving a term of confinement for the following offenses:
(A) Any sex offense;
(B) Any violent offense; or
(C) Any crime against a person offense in accordance with the categorization of crimes against persons outlined in RCW 9.94A.411
(2).
(2) The secretary of the department may transfer an incarcerated individual from a department correctional facility to home detention in the community if it is determined that the graduated reentry program is an appropriate placement and must assist the incarcerated individual's transition from confinement to the community.
(3) The department and its officers, agents, and employees are not liable for the acts of individuals participating in the graduated reentry program unless the department or its officers, agents, and employees acted with willful and wanton disregard.
(4)(a) All incarcerated individuals placed on home detention as part of the graduated reentry program must provide an approved residence and living arrangement prior to transfer to home detention.
(b) The department may not transfer an incarcerated individual to participate in the graduated reentry program until the department has a clinically appropriate evaluation for substance use disorder. If the incarcerated individual is diagnosed to have a substance use disorder, the department shall assist the incarcerated individual in enrolling in substance use disorder treatment services at the level deemed clinically appropriate. Individuals transferred to participate in the graduated reentry program, and diagnosed with a substance use disorder, must begin receiving substance use disorder treatment services as soon as practicable after transfer to avoid any delays in treatment. Substance use disorder treatment services shall include, as deemed necessary by the evaluation, access to medication-assisted treatment and counseling programs. Upon transfer to the graduated reentry program, when clinically appropriate, individuals must be provided with access to self-administered fentanyl testing supplies and medications designed to reverse the effects of opioid overdose.
(5) While in the community on home detention as part of the graduated reentry program, the department must:
(a) Require the individual to be placed on electronic home monitoring;
(b) Require the individual to participate in programming and treatment that the department shall assign based on an individual's assessed need; and
(c) Assign a community corrections officer who will monitor the individual's compliance with conditions of partial confinement and programming requirements.
(6) The department retains the authority to return any individual serving partial confinement in the graduated reentry program to total confinement for any reason including, but not limited to, the individual's noncompliance with any sentence requirement.
(7) The department may issue rental vouchers for a period not to exceed six months for those transferring to partial confinement under this section if an approved address cannot be obtained without the assistance of a voucher.
(8) In the selection of incarcerated individuals to participate in the graduated reentry program, and in setting, modifying, and enforcing the requirements of the graduated reentry program, the department is deemed to be performing a quasi-judicial function.
(9) The department shall publish a monthly report on its website with the number of incarcerated individuals who were transferred during the month to home detention as part of the graduated reentry program. The department shall submit an annual report by December 1st to the appropriate committees of the legislature with the number of incarcerated individuals who were transferred to home detention as part of the graduated reentry program during the prior year.
(10)(a) Beginning July 1, 2023, the following data must be collected and posted to the department's website on a monthly basis:
(i) The number of incarcerated individuals who were transferred to the graduated reentry program who were assessed to have a substance use disorder during the prior calendar month; and
(ii) The number of individuals in the graduated reentry program who received during the prior 12 months:
(A) Outpatient substance use disorder treatment;
(B) Inpatient substance use disorder treatment; and
(C) Both outpatient and inpatient substance use disorder treatment.
(b) Beginning July 1, 2023, the health care authority must report monthly to the department on the number of individuals in the graduated reentry program who received substance use disorder outpatient treatment, while in the community, during the prior 12 months.
(11) The department must share data with the health care authority on individuals participating in the graduated reentry program.
[
2025 c 407 s 5
;
2023 c 405 s 1
;
2021 c 266 s 1
;
2018 c 166 s 1
.]
NOTES:
Retroactive application
—
Findings
—
Intent
—
2025 c 407:
See notes following RCW 9.94A.6551
.
Retroactive application
—
2021 c 266:
"The changes to restrictions on partial confinement and the graduated reentry program under sections 1 and 2 of this act apply prospectively and retroactively to persons currently serving a sentence in any facility or institution either operated by the state or utilized under contract." [
2021 c 266 s 3
.]
RCW 9.94A.734
Home detention
—
Conditions.
(1) Home detention may not be imposed for offenders convicted of the following offenses, unless imposed as partial confinement in the department's parenting program under RCW 9.94A.6551
or the graduated reentry program under RCW 9.94A.733
:
(a) A violent offense;
(b) Any sex offense;
(c) Any drug offense;
(d) Reckless burning in the first or second degree as defined in RCW 9A.48.040
or
9A.48.050
;
(e) Assault in the third degree as defined in RCW 9A.36.031
;
(f) Assault of a child in the third degree;
(g) Unlawful imprisonment as defined in RCW 9A.40.040
; or
(h) Harassment as defined in RCW 9A.46.020
.
Home detention may be imposed for offenders convicted of possession of a controlled substance under RCW 69.50.4013
or forged prescription for a controlled substance under RCW 69.50.403
if the offender fulfills the participation conditions set forth in this section and is monitored for drug use by a treatment alternatives to street crime program or a comparable court or agency-referred program.
(2) Home detention may be imposed for offenders convicted of burglary in the second degree as defined in RCW 9A.52.030
or residential burglary conditioned upon the offender:
(a) Successfully completing twenty-one days in a work release program;
(b) Having no convictions for burglary in the second degree or residential burglary during the preceding two years and not more than two prior convictions for burglary or residential burglary;
(c) Having no convictions for a violent felony offense during the preceding two years and not more than two prior convictions for a violent felony offense;
(d) Having no prior charges of escape; and
(e) Fulfilling the other conditions of the home detention program.
(3) Home detention may be imposed for offenders convicted of taking a motor vehicle without permission in the second degree as defined in RCW 9A.56.075, theft of a motor vehicle as defined under RCW 9A.56.065, or possession of a stolen motor vehicle as defined under RCW 9A.56.068
conditioned upon the offender:
(a) Having no convictions for taking a motor vehicle without permission, theft of a motor vehicle or possession of a stolen motor vehicle during the preceding five years and not more than two prior convictions for taking a motor vehicle without permission, theft of a motor vehicle or possession of a stolen motor vehicle;
(b) Having no convictions for a violent felony offense during the preceding two years and not more than two prior convictions for a violent felony offense;
(c) Having no prior charges of escape; and
(d) Fulfilling the other conditions of the home detention program.
(4) Participation in a home detention program shall be conditioned upon:
(a) The offender obtaining or maintaining current employment or attending a regular course of school study at regularly defined hours, or the offender performing parental duties to offspring or minors normally in the custody of the offender;
(b) Abiding by the rules of the home detention program; and
(c) Compliance with court-ordered legal financial obligations.
(5) The home detention program may also be made available to offenders whose charges and convictions do not otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under the home detention program, or where the health and welfare of the offender, other inmates, or staff would be jeopardized by the offender's incarceration. Participation in the home detention program for medical or health-related reasons is conditioned on the offender abiding by the rules of the home detention program and complying with court-ordered restitution.
(6)(a) A sentencing court shall deny the imposition of home detention if the court finds that (i) the offender has previously and knowingly violated the terms of a home detention program and (ii) the previous violation is not a technical, minor, or nonsubstantive violation.
(b) A sentencing court may deny the imposition of home detention if the court finds that (i) the offender has previously and knowingly violated the terms of a home detention program and (ii) the previous violation or violations were technical, minor, or nonsubstantive violations.
(7) A home detention program must be administered by a monitoring agency that meets the conditions described in RCW 9.94A.736
.
[
2018 c 166 s 4
;
2015 c 287 s 2
;
2010 c 224 s 9
;
2007 c 199 s 9
;
2003 c 53 s 62
;
2000 c 28 s 30
;
1995 c 108 s 2
. Formerly RCW 9.94A.185
.]
NOTES:
Findings
—
Intent
—
Short title
—
2007 c 199:
See notes following RCW 9A.56.065
.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
Effective date
—
1995 c 108:
See note following RCW 9.94A.030
.
RCW 9.94A.735
Home detention
—
Form order.
(1) By December 1, 2015, the administrative office of the courts shall create a pattern form order for use by a court in cases where a court orders a person to comply with a home detention program.
(2) The court shall provide a copy of the form order to the person ordered to comply with a home detention program. The form order must include the following:
(a) In a conspicuous location, a notice of criminal penalties resulting for a violation of the terms and conditions of a home detention program; and
(b) Language stating that a person may leave his or her residence for specific purposes only as ordered by the court, with a list of common purposes, such as school, employment, treatment, counseling, programming, or other activities from which a court may select.
(3) When a court orders a person to comply with the terms of a home detention program, the court must, in addition to its order, complete the form order created pursuant to this section to notify the person of criminal penalties associated with violation of the terms and conditions of the program and of any express permission granted for absence from the residence.
[
2015 c 287 s 4
.]
RCW 9.94A.736
Electronic monitoring
—
Supervising agency to establish terms and conditions
—
Duties of monitoring agency.
(1) A supervising agency must establish terms and conditions of electronic monitoring for each individual subject to electronic monitoring under the agency's jurisdiction. The supervising agency must communicate those terms and conditions to the monitoring agency. A supervising agency must also establish protocols for when and how a monitoring agency must notify the supervising agency when a violation of the terms and conditions occurs. A monitoring agency must comply with the terms and conditions as established by the supervising agency.
(2) A monitoring agency shall:
(a) Provide notification within twenty-four hours to the court or other supervising agency when the monitoring agency discovers that the monitored individual is unaccounted for, or is beyond an approved location, for twenty-four consecutive hours. Notification shall also be provided to the probation department, the prosecuting attorney, local law enforcement, the local detention facility, or the department, as applicable;
(b) Establish geographic boundaries consistent with court-ordered activities and report substantive violations of those boundaries;
(c) Verify the location of the offender through in-person contact on a random basis at least once per month; and
(d) Report to the supervising agency or other appropriate authority any known violation of the law or court-ordered condition.
(3) In addition, a private monitoring agency shall:
(a) Have detailed contingency plans for the monitoring agency's operation with provisions for power outage, loss of telephone service, fire, flood, malfunction of equipment, death, incapacitation or personal emergency of a monitor, and financial insolvency of the monitoring agency;
(b) Prohibit certain relationships between a monitored individual and a monitoring agency, including:
(i) Personal associations between a monitored individual and a monitoring agency or agency employee;
(ii) A monitoring agency or employee entering into another business relationship with a monitored individual or monitored individual's family during the monitoring; and
(iii) A monitoring agency or employee employing a monitored individual for at least one year after the termination of the monitoring;
(c) Not employ or be owned by any person convicted of a felony offense within the past four years; and
(d) Obtain a background check through the Washington state patrol for every partner, director, officer, owner, employee, or operator of the monitoring agency, at the monitoring agency's expense.
(4) A private monitoring agency that fails to comply with any of the requirements in this section may be subject to a civil penalty, as determined by a court of competent jurisdiction or a court administrator, in an amount of not more than one thousand dollars for each violation, in addition to any penalties imposed by contract. A court or court administrator may cancel a contract with a monitoring agency for any violation by the monitoring agency.
(5)(a) A court that receives notice of a violation by a monitored individual of the terms of electronic monitoring or home detention shall note and maintain a record of the violation in the court file.
(b)(i) The presiding judge of a court must notify the administrative office of the courts if:
(A) The court or court administrator decides it will not allow use of a particular monitoring agency by persons ordered to comply with an electronic monitoring or home detention program; and
(B) The court or court administrator, after previously deciding not to allow use of a particular monitoring agency, decides to resume allowing use of the monitoring agency by persons ordered to comply with a home detention program.
(ii) In either case, the court or court administrator must include in its notice the reasons for the court's decision.
(6) The administrative office of the courts shall, after receiving notice pursuant to subsection (5) of this section, transmit the notice to all superior courts and courts of limited jurisdiction in the state, and any law enforcement or corrections agency that has requested such notification.
(7) The courts, the administrative office of the courts, and their employees and agents are not liable for acts or omissions pursuant to subsections (5) and (6) of this section absent a showing of gross negligence or bad faith.
(8) For the purposes of this section:
(a) A "monitoring agency" means an entity, private or public, which electronically monitors an individual, pursuant to an electronic monitoring or home detention program, including the department of corrections, a sheriff's office, a police department, a local detention facility, or a private entity; and
(b) A "supervising agency" means the public entity that authorized, approved, administers or manages, whether pretrial or posttrial, the home detention or electronic monitoring program of an individual and has jurisdiction and control over the monitored individual. A supervising agency may also be a monitoring agency.
(9) All government contracts with a private monitoring agency to provide electronic monitoring or home detention must be in writing and may provide contractual penalties in addition to those provided under chapter 287, Laws of 2015.
[
2015 c 287 s 3
.]
RCW 9.94A.737
Community custody
—
Violations
—
Disciplinary proceedings
—
Structured violation process
—
Sanctions.
(1) If an offender is accused of violating any condition or requirement of community custody, the department shall address the violation behavior. The department may hold offender disciplinary proceedings not subject to chapter
34.05
RCW. The department shall notify the offender in writing of the violation process.
(2)(a) The offender's violation behavior shall determine the sanction the department imposes. The department shall adopt rules creating a structured violation process that includes presumptive sanctions, aggravating and mitigating factors, and definitions for low level violations and high level violations.
(b) After an offender has committed and been sanctioned for five low level violations, subsequent violations committed by that offender may be considered high level violations, provided that any decision to elevate a violation complies with policies and rules established by the department.
(c)(i) The department must define aggravating factors that indicate the offender may present a current and ongoing foreseeable risk and which therefore elevate an offender's behavior to a high level violation process.
(ii) The state and its officers, agents, and employees may not be held criminally or civilly liable for a decision to elevate or not to elevate an offender's behavior to a high level violation process under this subsection unless the state or its officers, agents, and employees acted with reckless disregard.
(3) The department may intervene when an offender commits a low level violation by sanctioning the offender to one or more nonconfinement sanctions or to not more than three days in total confinement.
(a) The department shall develop rules to ensure that each offender subject to a short-term confinement sanction is provided the opportunity to respond to the alleged violation prior to imposition of total confinement.
(b) The offender may appeal the short-term confinement sanction to a panel of three reviewing officers designated by the secretary or by the secretary's designee. The offender's appeal must be in writing and hand-delivered to department staff, or postmarked, within seven days after the sanction is imposed.
(4) If an offender is accused of committing a high level violation, the department may sanction the offender to not more than thirty days in total confinement per hearing.
(a) The offender is entitled to a hearing prior to the imposition of sanctions; and
(b) The offender may be held in total confinement pending a sanction hearing. Prehearing time served must be credited to the offender's sanction time.
(5) If the offender's underlying offense is one of the following felonies provided in this subsection and the violation behavior constitutes a new misdemeanor, gross misdemeanor, or felony, the offender shall be held in total confinement pending a sanction hearing, and until the earlier of: The date the sanction expires; the date a prosecuting attorney files new charges against the offender; or the date a prosecuting attorney provides the department with written notice that new charges will not be filed for the violation behavior. The following underlying offenses apply to the restrictions in this subsection:
(a) Assault in the first degree, as defined in RCW 9A.36.011
;
(b) Assault of a child in the first degree, as defined in RCW 9A.36.120
;
(c) Assault of a child in the second degree, as defined in RCW 9A.36.130
;
(d) Burglary in the first degree, as defined in RCW 9A.52.020
;
(e) Child molestation in the first degree, as defined in RCW 9A.44.083
;
(f) Commercial sexual abuse of a minor, as defined in RCW 9.68A.100
;
(g) Dealing in depictions of a minor engaged in sexually explicit conduct, as defined in RCW 9.68A.050
;
(h) Homicide by abuse, as defined in RCW 9A.32.055
;
(i) Indecent liberties with forcible compulsion, as defined in RCW 9A.44.100
(1)(a);
(j) Indecent liberties with a person capable of consent, as defined in RCW 9A.44.100
(1)(b);
(k) Kidnapping in the first degree, as defined in RCW 9A.40.020
;
(l) Murder in the first degree, as defined in RCW 9A.32.030
;
(m) Murder in the second degree, as defined in RCW 9A.32.050
;
(n) Promoting commercial sexual abuse of a minor, as defined in RCW 9.68A.101
;
(o) Rape in the first degree, as defined in RCW 9A.44.040
;
(p) Rape in the second degree, as defined in RCW 9A.44.050
;
(q) Rape of a child in the first degree, as defined in RCW 9A.44.073
;
(r) Rape of a child in the second degree, as defined in RCW 9A.44.076
;
(s) Robbery in the first degree, as defined in RCW 9A.56.200
;
(t) Sexual exploitation of a minor, as defined in RCW 9.68A.040
; or
(u) Vehicular homicide while under the influence of intoxicating liquor or any drug, as defined in RCW 46.61.520
(1)(a).
(6) The department shall adopt rules creating hearing procedures for high level violations. The hearings are offender disciplinary proceedings and are not subject to chapter
34.05
RCW. The procedures shall include the following:
(a) The department shall provide the offender with written notice of the alleged violation and the evidence supporting it. The notice must include a statement of the rights specified in this subsection, and the offender's right to file a personal restraint petition under court rules after the final decision;
(b) Unless the offender waives the right to a hearing, the department shall hold a hearing, and shall record it electronically. For offenders not in total confinement, the department shall hold a hearing within fifteen business days, but not less than twenty-four hours, after written notice of the alleged violation. For offenders in total confinement, the department shall hold a hearing within five business days, but not less than twenty-four hours, after written notice of the alleged violation;
(c) The offender shall have the right to: (i) Be present at the hearing; (ii) have the assistance of a person qualified to assist the offender in the hearing, appointed by the hearing officer if the offender has a language or communications barrier; (iii) testify or remain silent; (iv) call witnesses and present documentary evidence; (v) question witnesses who appear and testify; and (vi) receive a written summary of the reasons for the hearing officer's decision; and
(d) The sanction shall take effect if affirmed by the hearing officer. The offender may appeal the sanction to a panel of three reviewing officers designated by the secretary or by the secretary's designee. The offender's appeal must be in writing and hand-delivered to department staff, or postmarked, within seven days after the sanction was imposed. The appeals panel shall affirm, reverse, modify, vacate, or remand based on its findings. If a majority of the panel finds that the sanction was not reasonably related to any of the following: (i) The crime of conviction; (ii) the violation committed; (iii) the offender's risk of reoffending; or (iv) the safety of the community, then the panel will reverse, vacate, remand, or modify the sanction.
(7) For purposes of this section, the hearings officer may not rely on unconfirmed or unconfirmable allegations to find that the offender violated a condition.
(8) Hearing officers shall report through a chain of command separate from that of community corrections officers.
[
2020 c 82 s 1
;
2012 1st sp.s. c 6 s 7
;
2008 c 231 s 20
; (2009 c 375 s 13 expired August 1, 2009);
2007 c 483 s 305
;
2005 c 435 s 3
;
2002 c 175 s 15
;
1999 c 196 s 8
;
1996 c 275 s 3
;
1988 c 153 s 4
. Formerly RCW 9.94A.205
.]
NOTES:
Retroactive application
—
2020 c 82 ss 1-3:
"Sections 1 through 3 of this act apply retroactively and prospectively regardless of the date of an offender's underlying crime." [
2020 c 82 s 6
.]
Appropriation
—
Report
—
2020 c 82:
"(1) Subject to the availability of amounts appropriated for this specific purpose, the department of corrections shall contract with an independent third party to provide a comprehensive review of the community corrections staffing model and develop an updated staffing model for use by the department of corrections. The updated model must include additional time and flexibility for community corrections officers to focus on case management, engagement, and interventions.
(2) The department of corrections shall submit a report, including a summary of the review and update, to the governor and appropriate committees of the legislature by July 1, 2021." [
2020 c 82 s 5
.]
Effective date
—
2012 1st sp.s. c 6 ss 1, 3 through 9, and 11 through 14:
See note following RCW 9.94A.631
.
Application
—
2012 1st sp.s. c 6:
See note following RCW 9.94A.631
.
Expiration date
—
2009 c 375 ss 1, 3, and 13:
See note following RCW 9.94A.501
.
Application
—
2009 c 375:
See note following RCW 9.94A.501
.
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
.
Findings
—
2007 c 483:
See RCW 72.78.005
.
Finding
—
Intent
—
2005 c 435:
"The legislature believes that electronic monitoring, as an alternative to incarceration, is a proper and cost-effective method of punishment and supervision for many criminal offenders. The legislature further finds that advancements in electronic monitoring technology have made the technology more common and acceptable to criminal justice system personnel, policymakers, and the general public.
In an effort to reduce prison and jail populations, many states are increasing their utilization of electronic monitoring. However, Washington state's use of electronic monitoring has been relatively stagnate.
The intent of this act is to determine what electronic monitoring policies and programs have been implemented in the other forty-nine states, in order that Washington state can learn from the other states' experiences." [
2005 c 435 s 1
.]
Effective date
—
2002 c 175:
See note following RCW 7.80.130
.
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
.
Finding
—
1996 c 275:
See note following RCW 9.94A.505
.
Application
—
1996 c 275 ss 1-5:
See note following RCW 9.94A.505
.
Effective date
—
Application of increased sanctions
—
1988 c 153:
See notes following RCW 9.94A.030
.
RCW 9.94A.740
Community custody violators
—
Arrest, detention, financial responsibility.
(1) When an offender is arrested pursuant to RCW 9.94A.631
or
9.94A.716, the department shall compensate the local jurisdiction at the office of financial management's adjudicated rate, in accordance with RCW 70.48.440, until the department releases its detainer.
(2) Inmates, as defined in RCW 72.09.015, who have been transferred to community custody and who are detained in a local correctional facility are the financial responsibility of the department of corrections, except as provided in subsection (3) of this section.
(3) For confinement sanctions imposed by the department under RCW 9.94A.670, the local correctional facility shall be financially responsible.
(4) The department, in consultation with the Washington association of sheriffs and police chiefs and those counties in which the sheriff does not operate a correctional facility, shall establish a methodology for determining the department's local correctional facilities bed utilization rate, for each county in calendar year 1998, for offenders being held for violations of conditions of community custody.
(5) Except as provided in subsections (1) and (2) of this section, the local correctional facility shall continue to be financially responsible to the extent of the calendar year 1998 bed utilization rate for confinement sanctions imposed by the department pursuant to RCW 9.94A.737
. If the department's use of bed space in local correctional facilities of any county for such confinement sanctions exceeds the 1998 bed utilization rate for the county, the department shall compensate the county for the excess use at the per diem rate equal to the lowest rate charged by the county under its contract with a municipal government during the year in which the use occurs.
[
2012 1st sp.s. c 6 s 8
;
2008 c 231 s 22
;
1999 c 196 s 9
;
1996 c 275 s 4
;
1988 c 153 s 5
. Formerly RCW 9.94A.207
.]
NOTES:
Effective date
—
2012 1st sp.s. c 6 ss 1, 3 through 9, and 11 through 14:
See note following RCW 9.94A.631
.
Application
—
2012 1st sp.s. c 6:
See note following RCW 9.94A.631
.
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
.
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
.
Finding
—
1996 c 275:
See note following RCW 9.94A.505
.
Application
—
1996 c 275 ss 1-5:
See note following RCW 9.94A.505
.
Effective date
—
Application of increased sanctions
—
1988 c 153:
See notes following RCW 9.94A.030
.