RCW 9.94A.510
Table 1
—
Sentencing grid.
TABLE 1
Sentencing Grid
SERIOUSNESS
LEVEL
OFFENDER SCORE
0
1
2
3
4
5
6
7
8
9 or
more
XVI
Life sentence without parole/death penalty for offenders at or over the age of eighteen. For offenders under the age of eighteen, a term of twenty-five years to life.
XV
23y4m
24y4m
25y4m
26y4m
27y4m
28y4m
30y4m
32y10m
36y
40y
240-
250-
261-
271-
281-
291-
312-
338-
370-
411-
320
333
347
361
374
388
416
450
493
548
XIV
14y4m
15y4m
16y2m
17y
17y11m
18y9m
20y5m
22y2m
25y7m
29y
123-
134-
144-
154-
165-
175-
195-
216-
257-
298-
220
234
244
254
265
275
295
316
357
397
XIII
12y
13y
14y
15y
16y
17y
19y
21y
25y
29y
123-
134-
144-
154-
165-
175-
195-
216-
257-
298-
164
178
192
205
219
233
260
288
342
397
XII
9y
9y11m
10y9m
11y8m
12y6m
13y5m
15y9m
17y3m
20y3m
23y3m
93-
102-
111-
120-
129-
138-
162-
178-
209-
240-
123
136
147
160
171
184
216
236
277
318
XI
7y6m
8y4m
9y2m
9y11m
10y9m
11y7m
14y2m
15y5m
17y11m
20y5m
78-
86-
95-
102-
111-
120-
146-
159-
185-
210-
102
114
125
136
147
158
194
211
245
280
X
5y
5y6m
6y
6y6m
7y
7y6m
9y6m
10y6m
12y6m
14y6m
51-
57-
62-
67-
72-
77-
98-
108-
129-
149-
68
75
82
89
96
102
130
144
171
198
IX
3y
3y6m
4y
4y6m
5y
5y6m
7y6m
8y6m
10y6m
12y6m
31-
36-
41-
46-
51-
57-
77-
87-
108-
129-
41
48
54
61
68
75
102
116
144
171
VIII
2y
2y6m
3y
3y6m
4y
4y6m
6y6m
7y6m
8y6m
10y6m
21-
26-
31-
36-
41-
46-
67-
77-
87-
108-
27
34
41
48
54
61
89
102
116
144
VII
18m
2y
2y6m
3y
3y6m
4y
5y6m
6y6m
7y6m
8y6m
15-
21-
26-
31-
36-
41-
57-
67-
77-
87-
20
27
34
41
48
54
75
89
102
116
VI
13m
18m
2y
2y6m
3y
3y6m
4y6m
5y6m
6y6m
7y6m
12+-
15-
21-
26-
31-
36-
46-
57-
67-
77-
14
20
27
34
41
48
61
75
89
102
V
9m
13m
15m
18m
2y2m
3y2m
4y
5y
6y
7y
6-
12+-
13-
15-
22-
33-
41-
51-
62-
72-
12
14
17
20
29
43
54
68
82
96
IV
6m
9m
13m
15m
18m
2y2m
3y2m
4y2m
5y2m
6y2m
3-
6-
12+-
13-
15-
22-
33-
43-
53-
63-
9
12
14
17
20
29
43
57
70
84
III
2m
5m
8m
11m
14m
20m
2y2m
3y2m
4y2m
5y
1-
3-
4-
9-
12+-
17-
22-
33-
43-
51-
3
8
12
12
16
22
29
43
57
68
II
4m
6m
8m
13m
16m
20m
2y2m
3y2m
4y2m
0-90
2-
3-
4-
12+-
14-
17-
22-
33-
43-
Days
6
9
12
14
18
22
29
43
57
I
3m
4m
5m
8m
13m
16m
20m
2y2m
0-60
0-90
2-
2-
3-
4-
12+-
14-
17-
22-
Days
Days
5
6
8
12
14
18
22
29
Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent standard sentence ranges in months, or in days if so designated. 12+ equals one year and one day.
[
2014 c 130 s 1
;
2002 c 290 s 10
. Prior:
2000 c 132 s 2
;
2000 c 28 s 11
; prior:
1999 c 352 s 2
;
1999 c 324 s 3
; prior:
1998 c 235 s 1
;
1998 c 211 s 3
; prior:
1997 c 365 s 3
;
1997 c 338 s 50
;
1996 c 205 s 5
;
1995 c 129 s 2
(Initiative Measure No. 159); (1994 sp.s. c 7 s 512 repealed by
1995 c 129 s 19
(Initiative Measure No. 159));
1992 c 145 s 9
;
1991 c 32 s 2
;
1990 c 3 s 701
; prior:
1989 c 271 s 101
;
1989 c 124 s 1
;
1988 c 218 s 1
;
1986 c 257 s 22
;
1984 c 209 s 16
;
1983 c 115 s 2
. Formerly RCW 9.94A.310
.]
NOTES:
Application
—
2014 c 130:
"Sections 1 through 9 of this act apply to all sentencing hearings conducted on or after June 1, 2014, regardless of the date of an offender's underlying offense." [
2014 c 130 s 12
.]
Effective date
—
2014 c 130:
"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 June 1, 2014." [
2014 c 130 s 16
.]
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
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
Effective date
—
1998 c 211:
See note following RCW 46.61.5055
.
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
Findings and intent
—
1995 c 129:
"(1) The people of the state of Washington find and declare that:
(a) Armed criminals pose an increasing and major threat to public safety and can turn any crime into serious injury or death.
(b) Criminals carry deadly weapons for several key reasons including: Forcing the victim to comply with their demands; injuring or killing anyone who tries to stop the criminal acts; and aiding the criminal in escaping.
(c) Current law does not sufficiently stigmatize the carrying and use of deadly weapons by criminals, and far too often there are no deadly weapon enhancements provided for many felonies, including murder, arson, manslaughter, and child molestation and many other sex offenses including child luring.
(d) Current law also fails to distinguish between gun-carrying criminals and criminals carrying knives or clubs.
(2) By increasing the penalties for carrying and using deadly weapons by criminals and closing loopholes involving armed criminals, the people intend to:
(a) Stigmatize the carrying and use of any deadly weapons for all felonies with proper deadly weapon enhancements.
(b) Reduce the number of armed offenders by making the carrying and use of the deadly weapon not worth the sentence received upon conviction.
(c) Distinguish between the gun predators and criminals carrying other deadly weapons and provide greatly increased penalties for gun predators and for those offenders committing crimes to acquire firearms.
(d) Bring accountability and certainty into the sentencing system by tracking individual judges and holding them accountable for their sentencing practices in relation to the state's sentencing guidelines for serious crimes." [
1995 c 129 s 1
(Initiative Measure No. 159).]
Short title
—
1995 c 129:
"This act shall be known and cited as the hard time for armed crime act." [
1995 c 129 s 21
(Initiative Measure No. 159).]
Severability
—
1995 c 129:
"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." [
1995 c 129 s 22
(Initiative Measure No. 159).]
Captions not law
—
1995 c 129:
"Captions as used in this act do not constitute any part of the law." [
1995 c 129 s 23
(Initiative Measure No. 159).]
Finding
—
Intent
—
Severability
—
Effective dates
—
Contingent expiration date
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Application
—
1989 c 271 ss 101-111:
"Sections 101-111 of this act apply to crimes committed on or after July 1, 1989." [
1989 c 271 s 114
.]
Severability
—
1989 c 271:
"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." [
1989 c 271 s 606
.]
Severability
—
1986 c 257:
See note following RCW 9A.56.010
.
Effective date
—
1986 c 257 ss 17-35:
See note following RCW 9.94A.030
.
Effective dates
—
1984 c 209:
See note following RCW 9.94A.030
.
RCW 9.94A.515
Table 2
—
Crimes included within each seriousness level.
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVI
Aggravated Murder 1 (RCW 10.95.020
)
XV
Homicide by abuse (RCW 9A.32.055
)
Malicious explosion 1 (RCW 70.74.280
(1))
Murder 1 (RCW 9A.32.030
)
XIV
Murder 2 (RCW 9A.32.050
)
Trafficking 1 (RCW 9A.40.100
(1))
XIII
Malicious explosion 2 (RCW 70.74.280
(2))
Malicious placement of an explosive 1 (RCW 70.74.270
(1))
XII
Assault 1 (RCW 9A.36.011
)
Assault of a Child 1 (RCW 9A.36.120
)
Malicious placement of an imitation device 1 (RCW 70.74.272
(1)(a))
Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101
)
Rape 1 (RCW 9A.44.040
)
Rape of a Child 1 (RCW 9A.44.073
)
Trafficking 2 (RCW 9A.40.100
(3))
XI
Manslaughter 1 (RCW 9A.32.060
)
Rape 2 (RCW 9A.44.050
)
Rape of a Child 2 (RCW 9A.44.076
)
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520
)
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520
)
X
Child Molestation 1 (RCW 9A.44.083
)
Criminal Mistreatment 1 (RCW 9A.42.020
)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100
(1)(a))
Kidnapping 1 (RCW 9A.40.020
)
Leading Organized Crime (RCW 9A.82.060
(1)(a))
Malicious explosion 3 (RCW 70.74.280
(3))
Sexually Violent Predator Escape (RCW 9A.76.115
)
IX
Abandonment of Dependent Person 1 (RCW 9A.42.060
)
Assault of a Child 2 (RCW 9A.36.130
)
Explosive devices prohibited (RCW 70.74.180
)
Hit and Run
—
Death (RCW 46.52.020
(4)(a))
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050
)
Inciting Criminal Profiteering (RCW 9A.82.060
(1)(b))
Malicious placement of an explosive 2 (RCW 70.74.270
(2))
Robbery 1 (RCW 9A.56.200
)
Sexual Exploitation (RCW 9.68A.040
)
VIII
Arson 1 (RCW 9A.48.020
)
Commercial Sexual Abuse of a Minor (RCW 9.68A.100
)
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050
)
Manslaughter 2 (RCW 9A.32.070
)
Promoting Prostitution 1 (RCW 9A.88.070
)
Theft of Ammonia (RCW 69.55.010
)
VII
Air bag diagnostic systems (causing bodily injury or death) (RCW 46.37.660
(2)(b))
Air bag replacement requirements (causing bodily injury or death) (RCW 46.37.660
(1)(b))
Burglary 1 (RCW 9A.52.020
)
Child Molestation 2 (RCW 9A.44.086
)
Civil Disorder Training (RCW 9A.48.120
)
Custodial Sexual Misconduct 1 (RCW 9A.44.160
)
Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050
(1))
Drive-by Shooting (RCW 9A.36.045
)
False Reporting 1 (RCW 9A.84.040
(2)(a))
Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050
)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100
(1) (b) and (c))
Introducing Contraband 1 (RCW 9A.76.140
)
Malicious placement of an explosive 3 (RCW 70.74.270
(3))
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (causing bodily injury or death) (RCW 46.37.650
(1)(b))
Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675
)
Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650
(2)(b))
Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060
(1))
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040
(1))
Use of a Machine Gun or Bump-fire Stock in Commission of a Felony (RCW 9.41.225
)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520
)
VI
Bail Jumping with Murder 1 (RCW 9A.76.170
(3)(a))
Bribery (RCW 9A.68.010
)
Incest 1 (RCW 9A.64.020
(1))
Intimidating a Judge (RCW 9A.72.160
)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130
)
Malicious placement of an imitation device 2 (RCW 70.74.272
(1)(b))
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070
(1))
Rape of a Child 3 (RCW 9A.44.079
)
Theft of a Firearm (RCW 9A.56.300
)
Theft from a Vulnerable Adult 1 (RCW 9A.56.400
(1))
Unlawful Storage of Ammonia (RCW 69.55.020
)
V
Abandonment of Dependent Person 2 (RCW 9A.42.070
)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030
)
Air bag diagnostic systems (RCW 46.37.660
(2)(c))
Air bag replacement requirements (RCW 46.37.660
(1)(c))
Bail Jumping with class A Felony (RCW 9A.76.170
(3)(b))
Child Molestation 3 (RCW 9A.44.089
)
Criminal Mistreatment 2 (RCW 9A.42.030
)
Custodial Sexual Misconduct 2 (RCW 9A.44.170
)
Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050
(2))
Domestic Violence Court Order Violation (RCW 7.105.450, 10.99.040, 10.99.050, 26.09.300, 26.26B.050, or
26.52.070
)
Extortion 1 (RCW 9A.56.120
)
Extortionate Extension of Credit (RCW 9A.82.020
)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040
)
Incest 2 (RCW 9A.64.020
(2))
Kidnapping 2 (RCW 9A.40.030
)
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (RCW 46.37.650
(1)(c))
Perjury 1 (RCW 9A.72.020
)
Persistent prison misbehavior (RCW 9.94.070
)
Possession of a Stolen Firearm (RCW 9A.56.310
)
Rape 3 (RCW 9A.44.060
)
Rendering Criminal Assistance 1 (RCW 9A.76.070
)
Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650
(2)(c))
Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060
(2))
Sexual Misconduct with a Minor 1 (RCW 9A.44.093
)
Sexually Violating Human Remains (RCW 9A.44.105
)
Stalking (RCW 9A.46.110
)
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070
)
IV
Animal Fighting (with intentional mutilation) (RCW 16.52.117
(2)(b))
Arson 2 (RCW 9A.48.030
)
Assault 2 (RCW 9A.36.021
)
Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031
(1)(h))
Assault 4 (third domestic violence offense) (RCW 9A.36.041
(3))
Assault by Watercraft (RCW 79A.60.060
)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100
)
Cheating 1 (RCW 9.46.1961
)
Commercial Bribery (RCW 9A.68.060
)
Counterfeiting (RCW 9.16.035
(4))
Driving While Under the Influence (RCW 46.61.502
(6))
Endangerment with a Controlled Substance (RCW 9A.42.100
)
Escape 1 (RCW 9A.76.110
)
Hate Crime (RCW 9A.36.080
)
Hit and Run
—
Injury (RCW 46.52.020
(4)(b))
Hit and Run with Vessel
—
Injury Accident (RCW 79A.60.200
(3))
Identity Theft 1 (RCW 9.35.020
(2))
Indecent Exposure to Person Under Age 14 (subsequent sex offense) (RCW 9A.88.010
)
Influencing Outcome of Sporting Event (RCW 9A.82.070
)
Physical Control of a Vehicle While Under the Influence (RCW 46.61.504
(6))
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070
(2))
Residential Burglary (RCW 9A.52.025
)
Robbery 2 (RCW 9A.56.210
)
Theft of Livestock 1 (RCW 9A.56.080
)
Threats to Bomb (RCW 9.61.160
)
Trafficking in Catalytic Converters 1 (RCW 9A.82.190
)
Trafficking in Stolen Property 1 (RCW 9A.82.050
)
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290
(4)(b))
Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016
(3))
Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033
(3))
Unlawful transaction of insurance business (RCW 48.15.023
(3))
Unlicensed practice as an insurance professional (RCW 48.17.063
(2))
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080
(1) and (2))
Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100
(3))
Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522
)
Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075
(1))
III
Animal Cruelty 1 (RCW 16.52.205
)
Animal Fighting (without intentional mutilation) (RCW 16.52.117
(2)(a))
Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031
except subsection (1)(h))
Assault of a Child 3 (RCW 9A.36.140
)
Bail Jumping with class B or C Felony (RCW 9A.76.170
(3)(c))
Burglary 2 (RCW 9A.52.030
)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090
)
Criminal Gang Intimidation (RCW 9A.46.120
)
Custodial Assault (RCW 9A.36.100
)
Cyber Harassment (RCW 9A.90.120
(2)(b))
Escape 2 (RCW 9A.76.120
)
Extortion 2 (RCW 9A.56.130
)
False Reporting 2 (RCW 9A.84.040
(2)(b))
Harassment (RCW 9A.46.020
)
Hazing (RCW 28B.10.901
(2)(b))
Intimidating a Public Servant (RCW 9A.76.180
)
Introducing Contraband 2 (RCW 9A.76.150
)
Malicious Injury to Railroad Property (RCW 81.60.070
)
Manufacture of Untraceable Firearm with Intent to Sell (RCW 9.41.190
)
Manufacture or Assembly of an Undetectable Firearm or Untraceable Firearm (RCW 9.41.325
)
Mortgage Fraud (RCW 19.144.080
)
Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674
)
Organized Retail Theft 1 (RCW 9A.56.350
(2))
Perjury 2 (RCW 9A.72.030
)
Possession of Incendiary Device (RCW 9.40.120
)
Possession of Machine Gun, Bump-Fire Stock, Undetectable Firearm, or Short-Barreled Shotgun or Rifle (RCW 9.41.190
)
Promoting Prostitution 2 (RCW 9A.88.080
)
Retail Theft with Special Circumstances 1 (RCW 9A.56.360
(2))
Securities Act violation (RCW 21.20.400
)
Tampering with a Witness (RCW 9A.72.120
)
Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230
(2))
Theft of Livestock 2 (RCW 9A.56.083
)
Theft with the Intent to Resell 1 (RCW 9A.56.340
(2))
Trafficking in Catalytic Converters 2 (RCW 9A.82.200
)
Trafficking in Stolen Property 2 (RCW 9A.82.055
)
Unlawful Hunting of Big Game 1 (RCW 77.15.410
(3)(b))
Unlawful Imprisonment (RCW 9A.40.040
)
Unlawful Misbranding of Fish or Shellfish 1 (RCW 77.140.060
(3))
Unlawful possession of firearm in the second degree (RCW 9.41.040
(2))
Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120
(3)(b))
Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260
(3)(b))
Unlawful Use of a Nondesignated Vessel (RCW 77.15.530
(4))
Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522
)
II
Commercial Fishing Without a License 1 (RCW 77.15.500
(3)(b))
Computer Trespass 1 (RCW 9A.90.040
)
Counterfeiting (RCW 9.16.035
(3))
Electronic Data Service Interference (RCW 9A.90.060
)
Electronic Data Tampering 1 (RCW 9A.90.080
)
Electronic Data Theft (RCW 9A.90.100
)
Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620
(3))
Escape from Community Custody (RCW 72.09.310
)
Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130
prior to June 10, 2010, and RCW 9A.44.132
)
Health Care False Claims (RCW 48.80.030
)
Identity Theft 2 (RCW 9.35.020
(3))
Improperly Obtaining Financial Information (RCW 9.35.010
)
Malicious Mischief 1 (RCW 9A.48.070
)
Organized Retail Theft 2 (RCW 9A.56.350
(3))
Possession of Stolen Property 1 (RCW 9A.56.150
)
Possession of a Stolen Vehicle (RCW 9A.56.068
)
Possession, sale, or offering for sale of seven or more unmarked catalytic converters (RCW 9A.82.180
(5))
Retail Theft with Special Circumstances 2 (RCW 9A.56.360
(3))
Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100
)
Theft 1 (RCW 9A.56.030
)
Theft of a Motor Vehicle (RCW 9A.56.065
)
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at $5,000 or more) (RCW 9A.56.096
(5)(a))
Theft with the Intent to Resell 2 (RCW 9A.56.340
(3))
Trafficking in Insurance Claims (RCW 48.30A.015
)
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290
(4)(a))
Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570
(2))
Unlawful Practice of Law (RCW 2.48.180
)
Unlawful Purchase or Use of a License (RCW 77.15.650
(3)(b))
Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260
(3)(a))
Unlicensed Practice of a Profession or Business (RCW 18.130.190
(7))
Voyeurism 1 (RCW 9A.44.115
)
I
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024
)
False Verification for Welfare (RCW 74.08.055
)
Forgery (RCW 9A.60.020
)
Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060
)
Malicious Mischief 2 (RCW 9A.48.080
)
Mineral Trespass (RCW 78.44.330
)
Possession of Stolen Property 2 (RCW 9A.56.160
)
Reckless Burning 1 (RCW 9A.48.040
)
Spotlighting Big Game 1 (RCW 77.15.450
(3)(b))
Suspension of Department Privileges 1 (RCW 77.15.670
(3)(b))
Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075
)
Theft 2 (RCW 9A.56.040
)
Theft from a Vulnerable Adult 2 (RCW 9A.56.400
(2))
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at $750 or more but less than $5,000) (RCW 9A.56.096
(5)(b))
Transaction of insurance business beyond the scope of licensure (RCW 48.17.063
)
Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630
(3)(b))
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060
)
Unlawful Possession of Fictitious Identification (RCW 9A.56.320
)
Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320
)
Unlawful Possession of Payment Instruments (RCW 9A.56.320
)
Unlawful Possession of a Personal Identification Device (RCW 9A.56.320
)
Unlawful Production of Payment Instruments (RCW 9A.56.320
)
Unlawful Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250
(2)(b))
Unlawful Trafficking in Food Stamps (RCW 9.91.142
)
Unlawful Use of Food Stamps (RCW 9.91.144
)
Unlawful Use of Net to Take Fish 1 (RCW 77.15.580
(3)(b))
Vehicle Prowl 1 (RCW 9A.52.095
)
Violating Commercial Fishing Area or Time 1 (RCW 77.15.550
(3)(b))
[
2025 c 220 s 7
. Prior:
2024 c 301 s 29
;
2024 c 55 s 1
; prior:
2023 c 196 s 3
;
2023 c 7 s 3
;
2022 c 231 s 13
; (2022 c 231 s 12 expired July 1, 2022);
2021 c 215 s 99
;
2020 c 344 s 4
; prior:
2019 c 271 s 7
;
2019 c 243 s 5
;
2019 c 64 s 3
;
2019 c 46 s 5009
; prior:
2018 c 236 s 721
;
2018 c 7 s 7
; prior:
2017 c 335 s 4
;
2017 c 292 s 3
;
2017 c 272 s 10
;
2017 c 266 s 8
; prior:
2016 c 213 s 5
;
2016 c 164 s 13
;
2016 c 6 s 1
;
2015 c 261 s 11
; prior:
2013 c 322 s 26
;
2013 c 290 s 8
;
2013 c 267 s 2
;
2013 c 153 s 2
; prior:
2012 c 176 s 3
;
2012 c 162 s 1
; prior:
2010 c 289 s 11
;
2010 c 227 s 9
; prior:
2008 c 108 s 23
;
2008 c 38 s 1
; prior:
2007 c 368 s 14
;
2007 c 199 s 10
; prior:
2006 c 277 s 6
;
2006 c 228 s 9
;
2006 c 191 s 2
;
2006 c 139 s 2
;
2006 c 128 s 3
;
2006 c 73 s 12
; prior: (2006 c 125 s 5 repealed by 2006 c 126 s 7);
2005 c 458 s 2
;
2005 c 183 s 9
; prior:
2004 c 176 s 2
;
2004 c 94 s 3
; (2004 c 94 s 2 expired July 1, 2004); prior:
2003 c 335 s 5
; (2003 c 335 s 4 expired July 1, 2004);
2003 c 283 s 33
; (2003 c 283 s 32 expired July 1, 2004);
2003 c 267 s 3
; (2003 c 267 s 2 expired July 1, 2004);
2003 c 250 s 14
; (2003 c 250 s 13 expired July 1, 2004);
2003 c 119 s 8
; (2003 c 119 s 7 expired July 1, 2004);
2003 c 53 s 56
;
2003 c 52 s 4
; (2003 c 52 s 3 expired July 1, 2004); prior:
2002 c 340 s 2
;
2002 c 324 s 2
;
2002 c 290 s 7
; (2002 c 290 s 2 expired July 1, 2003);
2002 c 253 s 4
;
2002 c 229 s 2
;
2002 c 134 s 2
;
2002 c 133 s 4
; prior:
2001 2nd sp.s. c 12 s 361
;
2001 c 300 s 4
;
2001 c 217 s 12
;
2001 c 17 s 1
; prior:
2001 c 310 s 4
;
2001 c 287 s 3
;
2001 c 224 s 3
;
2001 c 222 s 24
;
2001 c 207 s 3
;
2000 c 225 s 5
;
2000 c 119 s 17
;
2000 c 66 s 2
; prior:
1999 c 352 s 3
;
1999 c 322 s 5
;
1999 c 45 s 4
; prior:
1998 c 290 s 4
;
1998 c 219 s 4
;
1998 c 82 s 1
;
1998 c 78 s 1
; prior:
1997 c 365 s 4
;
1997 c 346 s 3
;
1997 c 340 s 1
;
1997 c 338 s 51
;
1997 c 266 s 15
;
1997 c 120 s 5
; prior:
1996 c 302 s 6
;
1996 c 205 s 3
;
1996 c 36 s 2
; prior:
1995 c 385 s 2
;
1995 c 285 s 28
;
1995 c 129 s 3
(Initiative Measure No. 159); prior: (1994 sp.s. c 7 s 510 repealed by
1995 c 129 s 19
(Initiative Measure No. 159));
1994 c 275 s 20
;
1994 c 53 s 2
; prior:
1992 c 145 s 4
;
1992 c 75 s 3
;
1991 c 32 s 3
;
1990 c 3 s 702
; prior:
1989 2nd ex.s. c 1 s 3
;
1989 c 412 s 3
;
1989 c 405 s 1
;
1989 c 271 s 102
;
1989 c 99 s 1
; prior:
1988 c 218 s 2
;
1988 c 145 s 12
;
1988 c 62 s 2
; prior:
1987 c 224 s 1
;
1987 c 187 s 4
;
1986 c 257 s 23
;
1984 c 209 s 17
;
1983 c 115 s 3
. Formerly RCW 9.94A.320
.]
NOTES:
Effective date
—
Findings
—
Intent
—
2024 c 301:
See notes following RCW 9A.82.180
.
Short title
—
2023 c 196:
See note following RCW 28B.10.901
.
Short title
—
2023 c 7:
See note following RCW 9A.44.160
.
Effective date
—
2022 c 231 ss 8, 9, 11, 13, and 15:
See note following RCW 7.105.010
.
Expiration date
—
2022 c 231 ss 7, 10, 12, 14, 16, and 17:
See note following RCW 9.94A.030
.
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Finding
—
2020 c 344:
See note following RCW 9A.84.040
.
Effective date
—
2019 c 243:
See note following RCW 9.41.010
.
Explanatory statement
—
2019 c 64:
See note following RCW 1.20.110
.
Effective dates
—
2018 c 7:
See note following RCW 9.41.010
.
Finding
—
Intent
—
2017 c 266:
See note following RCW 9A.42.020
.
Finding
—
Application of consumer protection act
—
2016 c 213:
See note following RCW 46.37.640
.
Findings
—
Intent
—
Short title
—
2016 c 164:
See RCW 9A.90.010
and
9A.90.020
.
Effective date
—
2013 c 153:
See note following RCW 9A.56.360
.
Findings
—
2008 c 108:
See RCW 19.144.005
.
Findings
—
Intent
—
Short title
—
2007 c 199:
See notes following RCW 9A.56.065
.
Intent
—
Severability
—
Effective date
—
2006 c 125:
See notes following RCW 9A.44.190
.
Effective date
—
2006 c 73:
See note following RCW 46.61.502
.
Severability
—
2004 c 176:
"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." [
2004 c 176 s 8
.]
Effective date
—
2004 c 176:
"Sections 2 through 6 of this act take effect July 1, 2005." [
2004 c 176 s 9
.]
Expiration date
—
2004 c 94 s 2:
"Section 2 of this act expires July 1, 2004." [
2004 c 94 s 8
.]
Severability
—
Effective dates
—
2004 c 94:
See notes following RCW 9A.90.120
.
Effective date
—
2003 c 335 s 5:
"Section 5 of this act takes effect July 1, 2004." [
2003 c 335 s 8
.]
Expiration date
—
2003 c 335 s 4:
"Section 4 of this act expires July 1, 2004." [
2003 c 335 s 7
.]
Effective date
—
2003 c 283 s 33:
"Section 33 of this act takes effect July 1, 2004." [
2003 c 283 s 37
.]
Expiration date
—
2003 c 283 s 32:
"Section 32 of this act expires July 1, 2004." [
2003 c 283 s 36
.]
Effective date
—
2003 c 267 s 3:
"Section 3 of this act takes effect July 1, 2004." [
2003 c 267 s 9
.]
Expiration date
—
2003 c 267 s 2:
"Section 2 of this act expires July 1, 2004." [
2003 c 267 s 8
.]
Effective date
—
2003 c 250 s 14:
"Section 14 of this act takes effect July 1, 2004." [
2003 c 250 s 17
.]
Expiration date
—
2003 c 250 s 13:
"Section 13 of this act expires July 1, 2004." [
2003 c 250 s 16
.]
Severability
—
2003 c 250:
See note following RCW 48.01.080
.
Effective date
—
2003 c 119 s 8:
"Section 8 of this act takes effect July 1, 2004." [
2003 c 119 s 10
.]
Expiration date
—
2003 c 119 s 7:
"Section 7 of this act expires July 1, 2004." [
2003 c 119 s 9
.]
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Effective date
—
2003 c 52 s 4:
"Section 4 of this act takes effect July 1, 2004." [
2003 c 52 s 6
.]
Expiration date
—
2003 c 52 s 3:
"Section 3 of this act expires July 1, 2004." [
2003 c 52 s 5
.]
Study and report
—
2002 c 324:
See note following RCW 9A.56.070
.
Effective date
—
2002 c 290 ss 7-11 and 14-23:
"Sections 7 through 11 and 14 through 23 of this act take effect July 1, 2003." [
2003 c 379 s 10
;
2002 c 290 s 31
.]
Effective date
—
2002 c 290 ss 2 and 3:
"Sections 2 and 3 of this act take effect July 1, 2002, and apply to crimes committed on or after July 1, 2002." [
2002 c 290 s 29
.]
Expiration date
—
2002 c 290 s 2:
"Section 2 of this act expires July 1, 2003." [
2003 c 379 s 9
;
2002 c 290 s 30
.]
Intent
—
2002 c 290:
See note following RCW 9.94A.517
.
Effective date
—
2002 c 229:
See note following RCW 9A.42.100
.
Effective date
—
2002 c 134:
See note following RCW 69.50.440
.
Effective date
—
2002 c 133:
See note following RCW 69.55.010
.
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
.
Purpose
—
Effective date
—
2001 c 310:
See notes following RCW 2.48.180
.
Effective dates
—
2001 c 287:
See note following RCW 9A.76.115
.
Purpose
—
Effective date
—
2001 c 224:
See notes following RCW 9A.68.060
.
Purpose
—
Effective date
—
2001 c 222:
See notes following RCW 9A.82.001
.
Captions not law
—
2001 c 217:
See note following RCW 9.35.005
.
Purpose
—
Effective date
—
2001 c 207:
See notes following RCW 18.130.190
.
Severability
—
2000 c 225:
See note following RCW 69.55.010
.
Effective date
—
2000 c 119 s 17:
"Section 17 of this act takes effect July 1, 2000." [
2000 c 119 s 30
.]
Application
—
2000 c 119:
See note following RCW 10.31.100
.
Alphabetization
—
1999 c 352:
"The code reviser shall alphabetize the offenses within each seriousness level in RCW 9.94A.320, including any offenses added in the 1999 legislative session." [
1999 c 352 s 6
.]
Application
—
1999 c 352 ss 3-5:
"The amendments made by sections 3 through 5, chapter 352, Laws of 1999 shall apply to offenses committed on or after July 25, 1999, except that the amendments made by chapter 352, Laws of 1999 to seriousness level V in RCW 9.94A.320
shall apply to offenses committed on or after July 1, 2000." [
1999 c 352 s 7
.]
Application
—
Effective date
—
Severability
—
1998 c 290:
See notes following RCW 69.50.401
.
Application
—
1998 c 78:
"This act applies to crimes committed on or after July 1, 1998." [
1998 c 78 s 2
.]
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Findings
—
Intent
—
Severability
—
1997 c 266:
See notes following RCW 28A.600.455
.
Severability
—
1996 c 302:
See note following RCW 9A.42.010
.
Effective date
—
1995 c 285:
See RCW 48.30A.900
.
Findings and intent
—
Short title
—
Severability
—
Captions not law
—
1995 c 129:
See notes following RCW 9.94A.510
.
Contingent expiration date
—
1994 sp.s. c 7:
See note following RCW 43.70.540
.
Finding
—
Intent
—
Severability
—
Effective dates
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Short title
—
Effective date
—
1994 c 275:
See notes following RCW 46.04.015
.
Effective date
—
1989 2nd ex.s. c 1:
See note following RCW 9A.52.025
.
Finding
—
Intent
—
1989 c 271 ss 102, 109, and 110:
See note following RCW 9A.36.050
.
Application
—
1989 c 271 ss 101-111:
See note following RCW 9.94A.510
.
Severability
—
1989 c 271:
See note following RCW 9.94A.510
.
Application
—
1989 c 99:
"This act applies to crimes committed after July 1, 1989." [
1989 c 99 s 2
.]
Effective date
—
1989 c 99:
"This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1989." [
1989 c 99 s 3
.]
Effective date
—
Savings
—
Application
—
1988 c 145:
See notes following RCW 9A.44.010
.
Effective date
—
Application
—
1987 c 224:
"This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1987. It shall apply to crimes committed on or after July 1, 1987." [
1987 c 224 s 2
.]
Severability
—
1986 c 257:
See note following RCW 9A.56.010
.
Effective date
—
1986 c 257 ss 17-35:
See note following RCW 9.94A.030
.
Effective dates
—
1984 c 209:
See note following RCW 9.94A.030
.
RCW 9.94A.517
Table 3
—
Drug offense sentencing grid.
(1)
TABLE 3
DRUG OFFENSE SENTENCING GRID
Seriousness
Level
Offender Score
0 to 2
Offender Score
3 to 5
Offender Score
6 to 9 or more
III
51 to 68 months
68+ to 100 months
100+ to 120 months
II
12+ to 20 months
20+ to 60 months
60+ to 120 months
I
0 to 6 months
6+ to 18 months
12+ to 24 months
References to months represent the standard sentence ranges. 12+ equals one year and one day.
(2) The court may utilize any other sanctions or alternatives as authorized by law, including but not limited to the special drug offender sentencing alternative under RCW 9.94A.660
or drug court under chapter
2.30
RCW.
(3) Nothing in this section creates an entitlement for a criminal defendant to any specific sanction, alternative, sentence option, or substance abuse treatment.
[
2015 c 291 s 9
; (2015 c 291 s 8 expired July 1, 2018); (2013 2nd sp.s. c 14 s 1 expired July 1, 2018);
2002 c 290 s 8
.]
NOTES:
Effective date
—
2015 c 291 s 9:
"Section 9 of this act takes effect July 1, 2018." [
2015 c 291 s 16
.]
Expiration date
—
2015 c 291 s 8:
"Section 8 of this act expires July 1, 2018." [
2015 c 291 s 15
.]
Conflict with federal requirements
—
2015 c 291:
See note following RCW 2.30.010
.
Application
—
Recalculation of earned release date
—
2013 2nd sp.s. c 14:
"Pursuant to RCW 9.94A.729, the department shall recalculate the earned release date for any offender currently serving a term in a facility or institution either operated by the state or utilized under contract. The earned release date shall be recalculated whether the offender is currently incarcerated or is sentenced after July 1, 2013, and regardless of the offender's date of offense. For offenders whose offense was committed prior to July 1, 2013, the recalculation shall not extend a term of incarceration beyond that to which an offender is currently subject." [
2013 2nd sp.s. c 14 s 4
.]
Declaration
—
2013 2nd sp.s. c 14 s 4:
"The legislature declares that section 4 of this act does not create any liberty interest. The department is authorized to take the time reasonably necessary to complete the recalculations of section 4 of this act after July 1, 2013." [
2013 2nd sp.s. c 14 s 6
.]
Compilation of sentencing information
—
Report
—
2013 2nd sp.s. c 14:
"(1)(a) The department must, in consultation with the caseload forecast council, compile the following information in summary form for the two years prior to and after July 1, 2013: For offenders sentenced under RCW 9.94A.517
for a seriousness level I offense where the offender score is three to five: (A) The total number of sentences and the average length of sentence imposed, sorted by sentences served in state versus local correctional facilities; (B) the number of current and prior felony convictions for each offender; (C) the estimated cost or cost savings, total and per offender, to the state and local governments from the change to the maximum sentence pursuant to RCW 9.94A.517
(1); and (D) the number of offenders who were sentenced to community custody, the number of violations committed on community custody, and any sanctions imposed for such violations.
(b) The department must submit a report with its findings to the office of financial management and the appropriate fiscal and policy committees of the house of representatives and the senate by January 1, 2015, and January 1, 2018.
(2) For purposes of this section, "department" means the department of corrections." [
2013 2nd sp.s. c 14 s 5
.]
Effective date
—
2013 2nd sp.s. c 14:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2013." [
2013 2nd sp.s. c 14 s 9
.]
Applicability
—
2013 2nd sp.s. c 14 s 1:
"Section 1 of this act applies to sentences imposed on or after July 1, 2013, regardless of the date of offense." [
2013 2nd sp.s. c 14 s 7
.]
Expiration date
—
2013 2nd sp.s. c 14 ss 1 and 5:
"Sections 1 and 5 of this act expire July 1, 2018." [
2013 2nd sp.s. c 14 s 10
.]
Intent
—
2002 c 290:
"It is the intent of the legislature to increase the use of effective substance abuse treatment for defendants and offenders in Washington in order to make frugal use of state and local resources, thus reducing recidivism and increasing the likelihood that defendants and offenders will become productive and law-abiding persons. The legislature recognizes that substance abuse treatment can be effective if it is well planned and involves adequate monitoring, and that substance abuse and addiction is a public safety and public health issue that must be more effectively addressed if recidivism is to be reduced. The legislature intends that sentences for drug offenses accurately reflect the adverse impact of substance abuse and addiction on public safety, that the public must have protection from violent offenders, and further intends that such sentences be based on policies that are supported by research and public policy goals established by the legislature." [
2002 c 290 s 1
.]
Effective date
—
2002 c 290 ss 7-11 and 14-23:
See note following RCW 9.94A.515
.
RCW 9.94A.518
Table 4
—
Drug offenses seriousness level.
TABLE 4
DRUG OFFENSES
INCLUDED WITHIN EACH SERIOUSNESS LEVEL
III
Any felony offense under chapter
69.50
RCW with a deadly weapon special verdict under RCW 9.94A.825
Controlled Substance Homicide (RCW 69.50.415
)
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030
(2))
Involving a minor in drug dealing (RCW 69.50.4015
)
Manufacture of methamphetamine (RCW 69.50.401
(2)(b))
Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406
)
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406
)
Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (*RCW 69.50.440
)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410
)
II
Create or deliver a counterfeit controlled substance (RCW 69.50.4011
(1)(a))
Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401
(2)(b))
Delivery of a material in lieu of a controlled substance (RCW 69.50.4012
)
Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402
(1)(f))
Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401
(2)(b))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401
(2)(a))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except cannabis as defined in RCW 69.50.101, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401
(2) (c) through (e))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030
(1))
Possess, purchase, deliver, sell, or possess with intent to sell a tableting machine or encapsulating machine (RCW 69.50.418
)
I
Forged Prescription (RCW 69.41.020
)
Forged Prescription for a Controlled Substance (RCW 69.50.403
)
Manufacture, deliver, or possess with intent to deliver cannabis as defined in RCW 69.50.101
(RCW 69.50.401
(2)(c))
Unlawful Use of Building for Drug Purposes (RCW 69.53.010
)
[
2023 c 66 s 2
;
2022 c 16 s 5
; (2022 c 16 s 4 expired July 1, 2023);
2021 c 311 s 15
;
2003 c 53 s 57
;
2002 c 290 s 9
.]
NOTES:
*Reviser's note:
cf.
2002 c 134 s 1
.
Short title
—
2023 c 66:
See note following RCW 69.50.418
.
Effective date
—
2022 c 16 ss 5, 9, 86, and 88:
See note following RCW 69.50.4013
.
Expiration date
—
2022 c 16 ss 4, 8, 85, and 87:
See note following RCW 69.50.4013
.
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Effective date
—
2021 c 311 ss 1-11 and 13-21:
See note following RCW 71.24.115
.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
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
.
RCW 9.94A.520
Offense seriousness level.
The offense seriousness level is determined by the offense of conviction.
[
1990 c 3 s 703
;
1983 c 115 s 6
. Formerly RCW 9.94A.350
.]
RCW 9.94A.525
Offender score.
(Effective until January 1, 2026.)
The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:
The offender score is the sum of points accrued under this section rounded down to the nearest whole number.
(1)(a) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.589
.
(b) For the purposes of this section, adjudications of guilt pursuant to Title
13
RCW which are not murder in the first or second degree or class A felony sex offenses may not be included in the offender score.
(2)(a) Class A and sex prior felony convictions shall always be included in the offender score.
(b) Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction.
(c) Except as provided in (e) of this subsection, class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction.
(d) Except as provided in (e) of this subsection, serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction.
(e) If the present conviction is felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502
(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504
(6)), all predicate crimes for the offense as defined by RCW 46.61.5055
(14) shall be included in the offender score, and prior convictions for felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502
(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504
(6)) shall always be included in the offender score. All other convictions of the defendant shall be scored according to this section.
(f) Prior convictions for a repetitive domestic violence offense, as defined in RCW 9.94A.030, shall not be included in the offender score if, since the last date of release from confinement or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction.
(g) This subsection applies to both prior adult convictions and prior juvenile adjudications.
(3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Neither out-of-state or federal convictions which would have been presumptively adjudicated in juvenile court under Washington law may be included in the offender score unless they are comparable to murder in the first or second degree or a class A felony sex offense. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.
(4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.
(5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:
(i) Prior offenses which were found, under RCW 9.94A.589
(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.589
(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;
(ii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all convictions or adjudications served concurrently as one offense. Use the conviction for the offense that yields the highest offender score.
(b) As used in this subsection (5), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.
(6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense. When these convictions are used as criminal history, score them the same as a completed crime.
(7) If the present conviction is for a nonviolent offense and not covered by subsection (11), (12), or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction which is scorable under subsection (1)(b) of this section.
(8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), (12), or (13) of this section, count two points for each prior adult violent felony conviction and juvenile violent felony conviction which is scorable under subsection (1)(b) of this section, and one point for each prior adult nonviolent felony conviction.
(9) If the present conviction is for a serious violent offense, count three points for prior adult convictions and juvenile convictions which are scorable under subsection (1)(b) of this section for crimes in this category, two points for each prior adult and scorable juvenile violent conviction (not already counted), and one point for each prior adult nonviolent felony conviction.
(10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section; however count two points for each prior Burglary 2 or residential burglary conviction.
(11) If the present conviction is for a felony traffic offense count two points for each prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense count one point for each adult prior conviction and 1/2 point for each juvenile prior conviction which is scorable under subsection (1)(b) of this section; for each serious traffic offense, other than those used for an enhancement pursuant to RCW 46.61.520
(2), count one point for each adult prior conviction and 1/2 point for each juvenile prior conviction which is scorable under subsection (1)(b) of this section; count one point for each adult prior conviction for operation of a vessel while under the influence of intoxicating liquor or any drug.
(12) If the present conviction is for homicide by watercraft or assault by watercraft count two points for each adult prior conviction for homicide by watercraft or assault by watercraft; for each felony offense count one point for each adult prior conviction and 1/2 point for each juvenile prior conviction which would be scorable under subsection (1)(b) of this section; count one point for each adult prior conviction for driving under the influence of intoxicating liquor or any drug, actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, or operation of a vessel while under the influence of intoxicating liquor or any drug.
(13) If the present conviction is for manufacture of methamphetamine count three points for each adult prior manufacture of methamphetamine conviction. If the present conviction is for a drug offense and the offender has a criminal history that includes a sex offense or serious violent offense, count three points for each adult prior felony drug offense conviction. All other felonies are scored as in subsection (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.
(14) If the present conviction is for Escape from Community Custody, RCW 72.09.310, count only adult prior escape convictions in the offender score. Count prior escape convictions as one point.
(15) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions which are scorable under subsection (1)(b) of this section as 1/2 point.
(16) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (7) of this section; however, count two points for each prior Burglary 1 conviction, and two points for each prior Burglary 2 or residential burglary conviction.
(17) If the present conviction is for a sex offense, count priors as in subsections (7) through (11) and (13) through (16) of this section; however count three points for each adult prior sex offense conviction and juvenile prior class A felony sex offense adjudication.
(18) If the present conviction is for failure to register as a sex offender under RCW *
9A.44.130
or
9A.44.132, count priors as in subsections (7) through (11) and (13) through (16) of this section; however count three points for each adult prior sex offense conviction and juvenile prior sex offense conviction which is scorable under subsection (1)(b) of this section, excluding adult prior convictions for failure to register as a sex offender under RCW *
9A.44.130
or
9A.44.132, which shall count as one point.
(19) If the present conviction is for an offense committed while the offender was under community custody, add one point. For purposes of this subsection, community custody includes community placement or postrelease supervision, as defined in chapter
9.94B
RCW.
(20) If the present conviction is for Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle Without Permission 1, or Taking a Motor Vehicle Without Permission 2, count priors as in subsections (7) through (18) of this section; however count one point for prior convictions of Vehicle Prowling 2, and three points for each adult prior Theft 1 (of a motor vehicle), Theft 2 (of a motor vehicle), Possession of Stolen Property 1 (of a motor vehicle), Possession of Stolen Property 2 (of a motor vehicle), Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle Without Permission 1, or Taking a Motor Vehicle Without Permission 2 conviction.
(21) If the present conviction is for a felony domestic violence offense where domestic violence as defined in RCW 9.94A.030
was pleaded and proven, count priors as in subsections (7) through (20) of this section; however, count points as follows:
(a) Count two points for each adult prior conviction where domestic violence as defined in RCW 9.94A.030
was pleaded and proven after August 1, 2011, for any of the following offenses: A felony violation of a no-contact or protection order (RCW 7.105.450
or former RCW 26.50.110
), felony Harassment (RCW 9A.46.020
(2)(b)), felony Stalking (RCW 9A.46.110
(5)(b)), Burglary 1 (RCW 9A.52.020
), Kidnapping 1 (RCW 9A.40.020
), Kidnapping 2 (RCW 9A.40.030
), Unlawful imprisonment (RCW 9A.40.040
), Robbery 1 (RCW 9A.56.200
), Robbery 2 (RCW 9A.56.210
), Assault 1 (RCW 9A.36.011
), Assault 2 (RCW 9A.36.021
), Assault 3 (RCW 9A.36.031
), Arson 1 (RCW 9A.48.020
), or Arson 2 (RCW 9A.48.030
);
(b) Count two points for each adult prior conviction where domestic violence as defined in RCW 9.94A.030
was pleaded and proven after July 23, 2017, for any of the following offenses: Assault of a child in the first degree, RCW 9A.36.120
; Assault of a child in the second degree, RCW 9A.36.130
; Assault of a child in the third degree, RCW 9A.36.140
; Criminal Mistreatment in the first degree, RCW 9A.42.020
; or Criminal Mistreatment in the second degree, RCW 9A.42.030
; and
(c) Count one point for each adult prior conviction for a repetitive domestic violence offense as defined in RCW 9.94A.030, where domestic violence as defined in RCW 9.94A.030, was pleaded and proven after August 1, 2011.
(22) The fact that a prior conviction was not included in an offender's offender score or criminal history at a previous sentencing shall have no bearing on whether it is included in the criminal history or offender score for the current offense. Prior convictions that were not counted in the offender score or included in criminal history under repealed or previous versions of the sentencing reform act shall be included in criminal history and shall count in the offender score if the current version of the sentencing reform act requires including or counting those convictions. Prior convictions that were not included in criminal history or in the offender score shall be included upon any resentencing to ensure imposition of an accurate sentence.
[
2023 c 415 s 2
;
2021 c 215 s 100
;
2017 c 272 s 3
;
2013 2nd sp.s. c 35 s 8
;
2011 c 166 s 3
;
2010 c 274 s 403
;
2008 c 231 s 3
. Prior:
2007 c 199 s 8
;
2007 c 116 s 1
; prior:
2006 c 128 s 6
;
2006 c 73 s 7
; prior:
2002 c 290 s 3
;
2002 c 107 s 3
;
2001 c 264 s 5
;
2000 c 28 s 15
; prior:
1999 c 352 s 10
;
1999 c 331 s 1
;
1998 c 211 s 4
;
1997 c 338 s 5
; prior:
1995 c 316 s 1
;
1995 c 101 s 1
; prior:
1992 c 145 s 10
;
1992 c 75 s 4
;
1990 c 3 s 706
;
1989 c 271 s 103
; prior:
1988 c 157 s 3
;
1988 c 153 s 12
;
1987 c 456 s 4
;
1986 c 257 s 25
;
1984 c 209 s 19
;
1983 c 115 s 7
. Formerly RCW 9.94A.360
.]
NOTES:
*Reviser's note:
2010 c 267 removed from RCW 9A.44.130
provisions relating to the crime of "failure to register" as a sex offender or kidnapping offender, and placed similar provisions in RCW 9A.44.132
.
Intent
—
2023 c 415:
"The legislature intends to:
(1) Give real effect to the juvenile justice system's express goals of rehabilitation and reintegration;
(2) Bring Washington in line with the majority of states, which do not consider prior juvenile offenses in sentencing range calculations for adults;
(3) Recognize the expansive body of scientific research on brain development, which shows that adolescent's perception, judgment, and decision making differs significantly from that of adults;
(4) Facilitate the provision of due process by granting the procedural protections of a criminal proceeding in any adjudication which may be used to determine the severity of a criminal sentence; and
(5) Recognize how grave disproportionality within the juvenile legal system may subsequently impact sentencing ranges in adult court." [
2023 c 415 s 1
.]
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Intent
—
2010 c 274:
See note following RCW 10.31.100
.
Intent
—
2008 c 231 ss 2-4:
See note following RCW 9.94A.500
.
Application
—
2008 c 231 ss 2 and 3:
See note following RCW 9.94A.500
.
Severability
—
2008 c 231:
See note following RCW 9.94A.500
.
Findings
—
Intent
—
Short title
—
2007 c 199:
See notes following RCW 9A.56.065
.
Effective date
—
2007 c 116:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007." [
2007 c 116 s 2
.]
Effective date
—
2006 c 73:
See note following RCW 46.61.502
.
Effective date
—
2002 c 290 ss 2 and 3:
See note following RCW 9.94A.515
.
Intent
—
2002 c 290:
See note following RCW 9.94A.517
.
Finding
—
Application
—
2002 c 107:
See notes following RCW 9.94A.030
.
Effective date
—
2001 c 264:
See note following RCW 9A.76.110
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
Effective date
—
1999 c 331:
"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 14, 1999]." [
1999 c 331 s 5
.]
Effective date
—
1998 c 211:
See note following RCW 46.61.5055
.
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
Application
—
1989 c 271 ss 101-111:
See note following RCW 9.94A.510
.
Severability
—
1989 c 271:
See note following RCW 9.94A.510
.
Application
—
1988 c 157:
See note following RCW 9.94A.030
.
Effective date
—
Application of increased sanctions
—
1988 c 153:
See notes following RCW 9.94A.030
.
Severability
—
1986 c 257:
See note following RCW 9A.56.010
.
Effective date
—
1986 c 257 ss 17-35:
See note following RCW 9.94A.030
.
Effective dates
—
1984 c 209:
See note following RCW 9.94A.030
.
PDF
RCW 9.94A.525
Offender score.
(Effective January 1, 2026.)
The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:
The offender score is the sum of points accrued under this section rounded down to the nearest whole number.
(1)(a) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.589
.
(b) For the purposes of this section, adjudications of guilt pursuant to Title
13
RCW which are not murder in the first or second degree or class A felony sex offenses may not be included in the offender score.
(2)(a) Class A and sex prior felony convictions shall always be included in the offender score.
(b) Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent 10 consecutive years in the community without committing any crime that subsequently results in a conviction.
(c) Except as provided in (e) of this subsection, class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction.
(d) Except as provided in (e) of this subsection, serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction.
(e) If the present conviction is felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502
(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504
(6)), all predicate crimes for the offense as defined by RCW 46.61.5055
(14) shall be included in the offender score, and prior convictions for felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502
(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504
(6)) shall always be included in the offender score. All other convictions of the defendant shall be scored according to this section.
(f) Prior convictions for a repetitive domestic violence offense, as defined in RCW 9.94A.030, shall not be included in the offender score if, since the last date of release from confinement or entry of judgment and sentence, the offender had spent 10 consecutive years in the community without committing any crime that subsequently results in a conviction.
(g) This subsection applies to both prior adult convictions and prior juvenile adjudications.
(3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Neither out-of-state or federal convictions which would have been presumptively adjudicated in juvenile court under Washington law may be included in the offender score unless they are comparable to murder in the first or second degree or a class A felony sex offense. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.
(4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.
(5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:
(i) Prior offenses which were found, under RCW 9.94A.589
(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.589
(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;
(ii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all convictions or adjudications served concurrently as one offense. Use the conviction for the offense that yields the highest offender score.
(b) As used in this subsection (5), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.
(6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense. When these convictions are used as criminal history, score them the same as a completed crime.
(7) If the present conviction is for a nonviolent offense and not covered by subsection (11), (12), or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction which is scorable under subsection (1)(b) of this section.
(8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), (12), or (13) of this section, count two points for each prior adult violent felony conviction and juvenile violent felony conviction which is scorable under subsection (1)(b) of this section, and one point for each prior adult nonviolent felony conviction.
(9) If the present conviction is for a serious violent offense, count three points for prior adult convictions and juvenile convictions which are scorable under subsection (1)(b) of this section for crimes in this category, two points for each prior adult and scorable juvenile violent conviction (not already counted), and one point for each prior adult nonviolent felony conviction.
(10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section; however count two points for each prior Burglary 2 or residential burglary conviction.
(11) If the present conviction is for a felony traffic offense count two points for each prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense count one point for each adult prior conviction and 1/2 point for each juvenile prior conviction which is scorable under subsection (1)(b) of this section; for each serious traffic offense, other than those used for an enhancement pursuant to RCW 46.61.520
(2), count one point for each adult prior conviction and 1/2 point for each juvenile prior conviction which is scorable under subsection (1)(b) of this section; count one point for each adult prior conviction for operation of a vessel while under the influence of intoxicating liquor or any drug; count one point for a deferred prosecution granted under chapter
10.05
RCW for a second or subsequent violation of RCW 46.61.502
or
46.61.504, or an equivalent local ordinance.
(12) If the present conviction is for homicide by watercraft or assault by watercraft count two points for each adult prior conviction for homicide by watercraft or assault by watercraft; for each felony offense count one point for each adult prior conviction and 1/2 point for each juvenile prior conviction which would be scorable under subsection (1)(b) of this section; count one point for each adult prior conviction for driving under the influence of intoxicating liquor or any drug, actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, or operation of a vessel while under the influence of intoxicating liquor or any drug.
(13) If the present conviction is for manufacture of methamphetamine count three points for each adult prior manufacture of methamphetamine conviction. If the present conviction is for a drug offense and the offender has a criminal history that includes a sex offense or serious violent offense, count three points for each adult prior felony drug offense conviction. All other felonies are scored as in subsection (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.
(14) If the present conviction is for Escape from Community Custody, RCW 72.09.310, count only adult prior escape convictions in the offender score. Count prior escape convictions as one point.
(15) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions which are scorable under subsection (1)(b) of this section as 1/2 point.
(16) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (7) of this section; however, count two points for each prior Burglary 1 conviction, and two points for each prior Burglary 2 or residential burglary conviction.
(17) If the present conviction is for a sex offense, count priors as in subsections (7) through (11) and (13) through (16) of this section; however, count three points for each adult prior sex offense conviction and juvenile prior class A felony sex offense adjudication.
(18) If the present conviction is for failure to register as a sex offender under RCW *
9A.44.130
or
9A.44.132, count priors as in subsections (7) through (11) and (13) through (16) of this section; however, count three points for each adult prior sex offense conviction and juvenile prior sex offense conviction which is scorable under subsection (1)(b) of this section, excluding adult prior convictions for failure to register as a sex offender under RCW *
9A.44.130
or
9A.44.132, which shall count as one point.
(19) If the present conviction is for an offense committed while the offender was under community custody, add one point. For purposes of this subsection, community custody includes community placement or postrelease supervision, as defined in chapter
9.94B
RCW.
(20) If the present conviction is for Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle Without Permission 1, or Taking a Motor Vehicle Without Permission 2, count priors as in subsections (7) through (18) of this section; however count one point for prior convictions of Vehicle Prowling 2, and three points for each adult prior Theft 1 (of a motor vehicle), Theft 2 (of a motor vehicle), Possession of Stolen Property 1 (of a motor vehicle), Possession of Stolen Property 2 (of a motor vehicle), Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle Without Permission 1, or Taking a Motor Vehicle Without Permission 2 conviction.
(21) If the present conviction is for a felony domestic violence offense where domestic violence as defined in RCW 9.94A.030
was pleaded and proven, count priors as in subsections (7) through (20) of this section; however, count points as follows:
(a) Count two points for each adult prior conviction where domestic violence as defined in RCW 9.94A.030
was pleaded and proven after August 1, 2011, for any of the following offenses: A felony violation of a no-contact or protection order (RCW 7.105.450
or former RCW 26.50.110
), felony Harassment (RCW 9A.46.020
(2)(b)), felony Stalking (RCW 9A.46.110
(5)(b)), Burglary 1 (RCW 9A.52.020
), Kidnapping 1 (RCW 9A.40.020
), Kidnapping 2 (RCW 9A.40.030
), Unlawful imprisonment (RCW 9A.40.040
), Robbery 1 (RCW 9A.56.200
), Robbery 2 (RCW 9A.56.210
), Assault 1 (RCW 9A.36.011
), Assault 2 (RCW 9A.36.021
), Assault 3 (RCW 9A.36.031
), Arson 1 (RCW 9A.48.020
), or Arson 2 (RCW 9A.48.030
);
(b) Count two points for each adult prior conviction where domestic violence as defined in RCW 9.94A.030
was pleaded and proven after July 23, 2017, for any of the following offenses: Assault of a child in the first degree, RCW 9A.36.120
; Assault of a child in the second degree, RCW 9A.36.130
; Assault of a child in the third degree, RCW 9A.36.140
; Criminal Mistreatment in the first degree, RCW 9A.42.020
; or Criminal Mistreatment in the second degree, RCW 9A.42.030
; and
(c) Count one point for each adult prior conviction for a repetitive domestic violence offense as defined in RCW 9.94A.030, where domestic violence as defined in RCW 9.94A.030, was pleaded and proven after August 1, 2011.
(22) The fact that a prior conviction was not included in an offender's offender score or criminal history at a previous sentencing shall have no bearing on whether it is included in the criminal history or offender score for the current offense. Prior convictions that were not counted in the offender score or included in criminal history under repealed or previous versions of the sentencing reform act shall be included in criminal history and shall count in the offender score if the current version of the sentencing reform act requires including or counting those convictions. Prior convictions that were not included in criminal history or in the offender score shall be included upon any resentencing to ensure imposition of an accurate sentence.
[
2024 c 306 s 6
;
2023 c 415 s 2
;
2021 c 215 s 100
;
2017 c 272 s 3
;
2013 2nd sp.s. c 35 s 8
;
2011 c 166 s 3
;
2010 c 274 s 403
;
2008 c 231 s 3
. Prior:
2007 c 199 s 8
;
2007 c 116 s 1
; prior:
2006 c 128 s 6
;
2006 c 73 s 7
; prior:
2002 c 290 s 3
;
2002 c 107 s 3
;
2001 c 264 s 5
;
2000 c 28 s 15
; prior:
1999 c 352 s 10
;
1999 c 331 s 1
;
1998 c 211 s 4
;
1997 c 338 s 5
; prior:
1995 c 316 s 1
;
1995 c 101 s 1
; prior:
1992 c 145 s 10
;
1992 c 75 s 4
;
1990 c 3 s 706
;
1989 c 271 s 103
; prior:
1988 c 157 s 3
;
1988 c 153 s 12
;
1987 c 456 s 4
;
1986 c 257 s 25
;
1984 c 209 s 19
;
1983 c 115 s 7
. Formerly RCW 9.94A.360
.]
NOTES:
*Reviser's note:
2010 c 267 removed from RCW 9A.44.130
provisions relating to the crime of "failure to register" as a sex offender or kidnapping offender, and placed similar provisions in RCW 9A.44.132
.
Effective date
—
2024 c 306:
See note following RCW 9.94A.661
.
Intent
—
2023 c 415:
"The legislature intends to:
(1) Give real effect to the juvenile justice system's express goals of rehabilitation and reintegration;
(2) Bring Washington in line with the majority of states, which do not consider prior juvenile offenses in sentencing range calculations for adults;
(3) Recognize the expansive body of scientific research on brain development, which shows that adolescent's perception, judgment, and decision making differs significantly from that of adults;
(4) Facilitate the provision of due process by granting the procedural protections of a criminal proceeding in any adjudication which may be used to determine the severity of a criminal sentence; and
(5) Recognize how grave disproportionality within the juvenile legal system may subsequently impact sentencing ranges in adult court." [
2023 c 415 s 1
.]
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Intent
—
2010 c 274:
See note following RCW 10.31.100
.
Intent
—
2008 c 231 ss 2-4:
See note following RCW 9.94A.500
.
Application
—
2008 c 231 ss 2 and 3:
See note following RCW 9.94A.500
.
Severability
—
2008 c 231:
See note following RCW 9.94A.500
.
Findings
—
Intent
—
Short title
—
2007 c 199:
See notes following RCW 9A.56.065
.
Effective date
—
2007 c 116:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007." [
2007 c 116 s 2
.]
Effective date
—
2006 c 73:
See note following RCW 46.61.502
.
Effective date
—
2002 c 290 ss 2 and 3:
See note following RCW 9.94A.515
.
Intent
—
2002 c 290:
See note following RCW 9.94A.517
.
Finding
—
Application
—
2002 c 107:
See notes following RCW 9.94A.030
.
Effective date
—
2001 c 264:
See note following RCW 9A.76.110
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
Effective date
—
1999 c 331:
"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 14, 1999]." [
1999 c 331 s 5
.]
Effective date
—
1998 c 211:
See note following RCW 46.61.5055
.
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
Application
—
1989 c 271 ss 101-111:
See note following RCW 9.94A.510
.
Severability
—
1989 c 271:
See note following RCW 9.94A.510
.
Application
—
1988 c 157:
See note following RCW 9.94A.030
.
Effective date
—
Application of increased sanctions
—
1988 c 153:
See notes following RCW 9.94A.030
.
Severability
—
1986 c 257:
See note following RCW 9A.56.010
.
Effective date
—
1986 c 257 ss 17-35:
See note following RCW 9.94A.030
.
Effective dates
—
1984 c 209:
See note following RCW 9.94A.030
.
RCW 9.94A.530
Standard sentence range.
(1) The intersection of the column defined by the offender score and the row defined by the offense seriousness score determines the standard sentence range (see RCW 9.94A.510, (Table 1) and RCW 9.94A.517, (Table 3)). The additional time for deadly weapon findings or for other adjustments as specified in RCW 9.94A.533
shall be added to the entire standard sentence range. The court may impose any sentence within the range that it deems appropriate. All standard sentence ranges are expressed in terms of total confinement.
(2) In determining any sentence other than a sentence above the standard range, the trial court may rely on no more information than is admitted by the plea agreement, or admitted, acknowledged, or proved in a trial or at the time of sentencing, or proven pursuant to RCW 9.94A.537
. Where the defendant disputes material facts, the court must either not consider the fact or grant an evidentiary hearing on the point. The facts shall be deemed proved at the hearing by a preponderance of the evidence, except as otherwise specified in RCW 9.94A.537
. On remand for resentencing following appeal or collateral attack, the parties shall have the opportunity to present and the court to consider all relevant evidence regarding criminal history, including criminal history not previously presented.
(3) In determining any sentence above the standard sentence range, the court shall follow the procedures set forth in RCW 9.94A.537
. Facts that establish the elements of a more serious crime or additional crimes may not be used to go outside the standard sentence range except upon stipulation or when specifically provided for in RCW 9.94A.535
(3)(d), (e), (g), and (h).
[
2023 c 102 s 15
;
2008 c 231 s 4
;
2005 c 68 s 2
;
2002 c 290 s 18
;
2000 c 28 s 12
;
1999 c 143 s 16
;
1996 c 248 s 1
;
1989 c 124 s 2
;
1987 c 131 s 1
;
1986 c 257 s 26
;
1984 c 209 s 20
;
1983 c 115 s 8
. Formerly RCW 9.94A.370
.]
NOTES:
Intent
—
2008 c 231 ss 2-4:
See note following RCW 9.94A.500
.
Severability
—
2008 c 231:
See note following RCW 9.94A.500
.
Intent
—
Severability
—
Effective date
—
2005 c 68:
See notes following RCW 9.94A.537
.
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
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
Severability
—
1986 c 257:
See note following RCW 9A.56.010
.
Effective date
—
1986 c 257 ss 17-35:
See note following RCW 9.94A.030
.
Effective dates
—
1984 c 209:
See note following RCW 9.94A.030
.
RCW 9.94A.533
Adjustments to standard sentences.
(1) The provisions of this section apply to the standard sentence ranges determined by RCW 9.94A.510
or
9.94A.517
.
(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter
9A.28
RCW, the standard sentence range is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by seventy-five percent.
(3) The following additional times shall be added to the standard sentence range for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010
and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the firearm enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a firearm enhancement. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010
and the offender is being sentenced for an anticipatory offense under chapter
9A.28
RCW to commit one of the crimes listed in this subsection as eligible for any firearm enhancements, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020
:
(a) Five years for any felony defined under any law as a class A felony or with a statutory maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection;
(b) Three years for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both, and not covered under (f) of this subsection;
(c) Eighteen months for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both, and not covered under (f) of this subsection;
(d) If the offender is being sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (4)(a), (b), and/or (c) of this section, or both, all firearm enhancements under this subsection shall be twice the amount of the enhancement listed;
(e) Notwithstanding any other provision of law, all firearm enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be:
(i) Granted an extraordinary medical placement when authorized under RCW 9.94A.728
(1)(c); or
(ii) Released under the provisions of RCW 9.94A.730
;
(f) The firearm enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun or bump-fire stock, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun or bump-fire stock in a felony;
(g) If the standard sentence range under this section exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a firearm enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.
(4) The following additional times shall be added to the standard sentence range for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010
and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the deadly weapon enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a deadly weapon enhancement. If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010
and the offender is being sentenced for an anticipatory offense under chapter
9A.28
RCW to commit one of the crimes listed in this subsection as eligible for any deadly weapon enhancements, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020
:
(a) Two years for any felony defined under any law as a class A felony or with a statutory maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection;
(b) One year for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both, and not covered under (f) of this subsection;
(c) Six months for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both, and not covered under (f) of this subsection;
(d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c) of this section, or both, all deadly weapon enhancements under this subsection shall be twice the amount of the enhancement listed;
(e) Notwithstanding any other provision of law, all deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be:
(i) Granted an extraordinary medical placement when authorized under RCW 9.94A.728
(1)(c); or
(ii) Released under the provisions of RCW 9.94A.730
;
(f) The deadly weapon enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun or bump-fire stock, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun or bump-fire stock in a felony;
(g) If the standard sentence range under this section exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a deadly weapon enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.
(5) The following additional times shall be added to the standard sentence range if the offender or an accomplice committed the offense while in a county jail or state correctional facility and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility, and the offender is being sentenced for an anticipatory offense under chapter
9A.28
RCW to commit one of the crimes listed in this subsection, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section:
(a) Eighteen months for offenses committed under RCW 69.50.401
(2) (a) or (b) or
69.50.410
;
(b) Fifteen months for offenses committed under RCW 69.50.401
(2) (c), (d), or (e);
(c) Twelve months for offenses committed under RCW 69.50.4013
.
For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.
(6) An additional twenty-four months shall be added to the standard sentence range for any ranked offense involving a violation of chapter
69.50
RCW if the offense was also a violation of RCW 69.50.435
or
9.94A.827
. All enhancements under this subsection shall run consecutively to all other sentencing provisions, for all offenses sentenced under this chapter.
(7) An additional two years shall be added to the standard sentence range for vehicular homicide committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502
for each prior offense as defined in RCW 46.61.5055
.
Notwithstanding any other provision of law, all impaired driving enhancements under this subsection are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other impaired driving enhancements, for all offenses sentenced under this chapter.
An offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.728
(1)(c).
(8)(a) The following additional times shall be added to the standard sentence range for felony crimes committed on or after July 1, 2006, if the offense was committed with sexual motivation, as that term is defined in RCW 9.94A.030
. If the offender is being sentenced for more than one offense, the sexual motivation enhancement must be added to the total period of total confinement for all offenses, regardless of which underlying offense is subject to a sexual motivation enhancement. If the offender committed the offense with sexual motivation and the offender is being sentenced for an anticipatory offense under chapter
9A.28
RCW, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020
:
(i) Two years for any felony defined under the law as a class A felony or with a statutory maximum sentence of at least twenty years, or both;
(ii) Eighteen months for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both;
(iii) One year for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both;
(iv) If the offender is being sentenced for any sexual motivation enhancements under (a)(i), (ii), and/or (iii) of this subsection and the offender has previously been sentenced for any sexual motivation enhancements on or after July 1, 2006, under (a)(i), (ii), and/or (iii) of this subsection, all sexual motivation enhancements under this subsection shall be twice the amount of the enhancement listed;
(b) Notwithstanding any other provision of law, all sexual motivation enhancements under this subsection are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other sexual motivation enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be:
(i) Granted an extraordinary medical placement when authorized under RCW 9.94A.728
(1)(c); or
(ii) Released under the provisions of RCW 9.94A.730
;
(c) The sexual motivation enhancements in this subsection apply to all felony crimes;
(d) If the standard sentence range under this subsection exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a sexual motivation enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced;
(e) The portion of the total confinement sentence which the offender must serve under this subsection shall be calculated before any earned early release time is credited to the offender;
(f) Nothing in this subsection prevents a sentencing court from imposing a sentence outside the standard sentence range pursuant to RCW 9.94A.535
.
(9) An additional one-year enhancement shall be added to the standard sentence range for the felony crimes of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or
9A.44.089
committed on or after July 22, 2007, if the offender engaged, agreed, or offered to engage the victim in the sexual conduct in return for a fee. If the offender is being sentenced for more than one offense, the one-year enhancement must be added to the total period of total confinement for all offenses, regardless of which underlying offense is subject to the enhancement. If the offender is being sentenced for an anticipatory offense for the felony crimes of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or
9A.44.089, and the offender attempted, solicited another, or conspired to engage, agree, or offer to engage the victim in the sexual conduct in return for a fee, an additional one-year enhancement shall be added to the standard sentence range determined under subsection (2) of this section. For purposes of this subsection, "sexual conduct" means sexual intercourse or sexual contact, both as defined in chapter
9A.44
RCW.
(10)(a) For a person age eighteen or older convicted of any criminal street gang-related felony offense for which the person compensated, threatened, or solicited a minor in order to involve the minor in the commission of the felony offense, the standard sentence range is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by one hundred twenty-five percent. If the standard sentence range under this subsection exceeds the statutory maximum sentence for the offense, the statutory maximum sentence is the presumptive sentence unless the offender is a persistent offender.
(b) This subsection does not apply to any criminal street gang-related felony offense for which involving a minor in the commission of the felony offense is an element of the offense.
(c) The increased penalty specified in (a) of this subsection is unavailable in the event that the prosecution gives notice that it will seek an exceptional sentence based on an aggravating factor under RCW 9.94A.535
.
(11) An additional twelve months and one day shall be added to the standard sentence range for a conviction of attempting to elude a police vehicle as defined by RCW 46.61.024, if the conviction included a finding by special allegation of endangering one or more persons under RCW 9.94A.834
.
(12) An additional twelve months shall be added to the standard sentence range for an offense that is also a violation of RCW 9.94A.831
.
(13) An additional twelve months shall be added to the standard sentence range for vehicular homicide committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.520
or for vehicular assault committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.522, or for any felony driving under the influence (RCW 46.61.502
(6)) or felony physical control under the influence (RCW 46.61.504
(6)) for each child passenger under the age of sixteen who is an occupant in the defendant's vehicle. These enhancements shall be mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other minor child enhancements, for all offenses sentenced under this chapter. If the addition of a minor child enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement shall be mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions.
(14) An additional twelve months shall be added to the standard sentence range for an offense that is also a violation of RCW 9.94A.832
.
(15) An additional 12 months may, at the discretion of the court, be added to the standard sentence range for an offense that is also a violation of RCW 9.94A.828
.
(16) Regardless of any provisions in this section, if a person is being sentenced in adult court for a crime committed under age eighteen, the court has full discretion to depart from mandatory sentencing enhancements and to take the particular circumstances surrounding the defendant's youth into account.
[
2024 c 301 s 28
. Prior:
2020 c 330 s 1
;
2020 c 141 s 1
;
2018 c 7 s 8
;
2016 c 203 s 7
;
2015 c 134 s 2
;
2013 c 270 s 2
;
2012 c 42 s 3
;
2011 c 293 s 9
;
2009 c 141 s 2
; prior:
2008 c 276 s 301
;
2008 c 219 s 3
;
2007 c 368 s 9
; prior:
2006 c 339 s 301
;
2006 c 123 s 1
;
2003 c 53 s 58
;
2002 c 290 s 11
.]
NOTES:
Effective date
—
Findings
—
Intent
—
2024 c 301:
See notes following RCW 9A.82.180
.
Effective dates
—
2018 c 7:
See note following RCW 9.41.010
.
Effective date
—
2015 c 134:
See note following RCW 9.94A.501
.
Effective date
—
2011 c 293 ss 1-9:
See note following RCW 46.20.385
.
Severability
—
Part headings, subheadings not law
—
2008 c 276:
See notes following RCW 36.28A.200
.
Short title
—
2008 c 219:
See note following RCW 9.94A.834
.
Intent
—
Part headings not law
—
2006 c 339:
See notes following RCW 74.34.020
.
Effective date
—
2006 c 123:
"This act takes effect July 1, 2006." [
2006 c 123 s 4
.]
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
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
.
RCW 9.94A.535
Departures from the guidelines.
The court may impose a sentence outside the standard sentence range for an offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence. Facts supporting aggravated sentences, other than the fact of a prior conviction, shall be determined pursuant to the provisions of RCW 9.94A.537
.
Whenever a sentence outside the standard sentence range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard sentence range shall be a determinate sentence.
If the sentencing court finds that an exceptional sentence outside the standard sentence range should be imposed, the sentence is subject to review only as provided for in RCW 9.94A.585
(4).
A departure from the standards in RCW 9.94A.589
(1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in this section, and may be appealed by the offender or the state as set forth in RCW 9.94A.585
(2) through (6).
(1) Mitigating Circumstances - Court to Consider
The court may impose an exceptional sentence below the standard range if it finds that mitigating circumstances are established by a preponderance of the evidence. The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.
(a) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.
(b) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.
(c) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.
(d) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.
(e) The defendant's capacity to appreciate the wrongfulness of his or her conduct, or to conform his or her conduct to the requirements of the law, was significantly impaired. Voluntary use of drugs or alcohol is excluded.
(f) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.
(g) The operation of the multiple offense policy of RCW 9.94A.589
results in a presumptive sentence that is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010
.
(h) The defendant or the defendant's children suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to that abuse.
(i) The defendant was making a good faith effort to obtain or provide medical assistance for someone who is experiencing a drug-related overdose.
(j) The current offense involved domestic violence, as defined in RCW 10.99.020, and the defendant suffered a continuing pattern of coercion, control, or abuse by the victim of the offense and the offense is a response to that coercion, control, or abuse.
(k) The defendant was convicted of vehicular homicide, by the operation of a vehicle in a reckless manner and has committed no other previous serious traffic offenses as defined in RCW 9.94A.030, and the sentence is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010
.
(2) Aggravating Circumstances - Considered and Imposed by the Court
The trial court may impose an aggravated exceptional sentence without a finding of fact by a jury under the following circumstances:
(a) The defendant and the state both stipulate that justice is best served by the imposition of an exceptional sentence outside the standard range, and the court finds the exceptional sentence to be consistent with and in furtherance of the interests of justice and the purposes of the sentencing reform act.
(b) The defendant's prior unscored misdemeanor or prior unscored foreign criminal history results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW 9.94A.010
.
(c) The defendant has committed multiple current offenses and the defendant's high offender score results in some of the current offenses going unpunished.
(d) The failure to consider the defendant's prior criminal history which was omitted from the offender score calculation pursuant to RCW 9.94A.525
results in a presumptive sentence that is clearly too lenient.
(3) Aggravating Circumstances - Considered by a Jury - Imposed by the Court
Except for circumstances listed in subsection (2) of this section, the following circumstances are an exclusive list of factors that can support a sentence above the standard range. Such facts should be determined by procedures specified in RCW 9.94A.537
.
(a) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim.
(b) The defendant knew or should have known that the victim of the current offense was particularly vulnerable or incapable of resistance.
(c) The current offense was a violent offense, and the defendant knew that the victim of the current offense was pregnant.
(d) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:
(i) The current offense involved multiple victims or multiple incidents per victim;
(ii) The current offense involved attempted or actual monetary loss substantially greater than typical for the offense;
(iii) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time; or
(iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.
(e) The current offense was a major violation of the Uniform Controlled Substances Act, chapter
69.50
RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition: The presence of ANY of the following may identify a current offense as a major VUCSA:
(i) The current offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so;
(ii) The current offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use;
(iii) The current offense involved the manufacture of controlled substances for use by other parties;
(iv) The circumstances of the current offense reveal the offender to have occupied a high position in the drug distribution hierarchy;
(v) The current offense involved a high degree of sophistication or planning, occurred over a lengthy period of time, or involved a broad geographic area of disbursement; or
(vi) The offender used his or her position or status to facilitate the commission of the current offense, including positions of trust, confidence or fiduciary responsibility (e.g., pharmacist, physician, or other medical professional).
(f) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.835
.
(g) The offense was part of an ongoing pattern of sexual abuse of the same victim under the age of eighteen years manifested by multiple incidents over a prolonged period of time.
(h) The current offense involved domestic violence, as defined in RCW 10.99.020, or stalking, as defined in RCW 9A.46.110, and one or more of the following was present:
(i) The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of a victim or multiple victims manifested by multiple incidents over a prolonged period of time;
(ii) The offense occurred within sight or sound of the victim's or the offender's minor children under the age of eighteen years; or
(iii) The offender's conduct during the commission of the current offense manifested deliberate cruelty or intimidation of the victim.
(i) The offense resulted in the pregnancy of a victim of rape.
(j) The defendant knew that the victim of the current offense was a youth who was not residing with a legal custodian and the defendant established or promoted the relationship for the primary purpose of victimization.
(k) The offense was committed with the intent to obstruct or impair human or animal health care or agricultural or forestry research or commercial production.
(l) The current offense is trafficking in the first degree or trafficking in the second degree and any victim was a minor at the time of the offense.
(m) The offense involved a high degree of sophistication or planning.
(n) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.
(o) The defendant committed a current sex offense, has a history of sex offenses, and is not amenable to treatment.
(p) The offense involved an invasion of the victim's privacy.
(q) The defendant demonstrated or displayed an egregious lack of remorse.
(r) The offense involved a destructive and foreseeable impact on persons other than the victim.
(s) The defendant committed the offense to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group.
(t) The defendant committed the current offense shortly after being released from incarceration.
(u) The current offense is a burglary and the victim of the burglary was present in the building or residence when the crime was committed.
(v) The offense was committed against a law enforcement officer who was performing his or her official duties at the time of the offense, the offender knew that the victim was a law enforcement officer, and the victim's status as a law enforcement officer is not an element of the offense.
(w) The defendant committed the offense against a victim who was acting as a good samaritan.
(x) The defendant committed the offense against a public official or officer of the court in retaliation of the public official's performance of his or her duty to the criminal justice system.
(y) The victim's injuries substantially exceed the level of bodily harm necessary to satisfy the elements of the offense. This aggravator is not an exception to RCW 9.94A.530
(2).
(z)(i)(A) The current offense is theft in the first degree, theft in the second degree, possession of stolen property in the first degree, or possession of stolen property in the second degree; (B) the stolen property involved is metal property; and (C) the property damage to the victim caused in the course of the theft of metal property is more than three times the value of the stolen metal property, or the theft of the metal property creates a public hazard.
(ii) For purposes of this subsection, "metal property" means commercial metal property or nonferrous metal property, as defined in RCW 19.290.010
.
(aa) The defendant committed the offense with the intent to directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage to or for a criminal street gang as defined in RCW 9.94A.030, its reputation, influence, or membership.
(bb) The current offense involved paying to view, over the internet in violation of RCW 9.68A.075, depictions of a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011
(7) (a) through (g).
(cc) The offense was intentionally committed because the defendant perceived the victim to be homeless, as defined in RCW 9.94A.030
.
(dd) The current offense involved a felony crime against persons, except for assault in the third degree pursuant to RCW 9A.36.031
(1)(k), that occurs in a courtroom, jury room, judge's chamber, or any waiting area or corridor immediately adjacent to a courtroom, jury room, or judge's chamber. This subsection shall apply only: (i) During the times when a courtroom, jury room, or judge's chamber is being used for judicial purposes during court proceedings; and (ii) if signage was posted in compliance with RCW 2.28.200
at the time of the offense.
(ee) During the commission of the current offense, the defendant was driving in the opposite direction of the normal flow of traffic on a multiple lane highway, as defined by RCW 46.04.350, with a posted speed limit of forty-five miles per hour or greater.
(ff) The current offense involved the assault of a utility employee of any publicly or privately owned utility company or agency, who is at the time of the act engaged in official duties, including: (i) The maintenance or repair of utility poles, lines, conduits, pipes, or other infrastructure; or (ii) connecting, disconnecting, or recording utility meters.
[
2025 c 90 s 1
;
2019 c 219 s 1
;
2016 c 6 s 2
;
2013 2nd sp.s. c 35 s 37
. Prior:
2013 c 256 s 2
;
2013 c 84 s 26
;
2011 c 87 s 1
; prior:
2010 c 274 s 402
;
2010 c 227 s 10
;
2010 c 9 s 4
; prior:
2008 c 276 s 303
;
2008 c 233 s 9
;
2007 c 377 s 10
;
2005 c 68 s 3
;
2003 c 267 s 4
;
2002 c 169 s 1
;
2001 2nd sp.s. c 12 s 314
;
2000 c 28 s 8
;
1999 c 330 s 1
;
1997 c 52 s 4
; prior:
1996 c 248 s 2
;
1996 c 121 s 1
;
1995 c 316 s 2
;
1990 c 3 s 603
;
1989 c 408 s 1
;
1987 c 131 s 2
;
1986 c 257 s 27
;
1984 c 209 s 24
;
1983 c 115 s 10
. Formerly RCW 9.94A.390
.]
NOTES:
Intent
—
2010 c 274:
See note following RCW 10.31.100
.
Intent
—
2010 c 9:
See note following RCW 69.50.315
.
Severability
—
Part headings, subheadings not law
—
2008 c 276:
See notes following RCW 36.28A.200
.
Intent
—
Severability
—
Effective date
—
2005 c 68:
See notes following RCW 9.94A.537
.
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
.
Effective date
—
1996 c 121:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 21, 1996]." [
1996 c 121 s 2
.]
Effective date
—
Application
—
1990 c 3 ss 601 through 605:
See note following RCW 9.94A.835
.
Severability
—
1986 c 257:
See note following RCW 9A.56.010
.
Effective date
—
1986 c 257 ss 17 through 35:
See note following RCW 9.94A.030
.
Effective dates
—
1984 c 209:
See note following RCW 9.94A.030
.
RCW 9.94A.537
Aggravating circumstances
—
Sentences above standard range.
(1) At any time prior to trial or entry of the guilty plea if substantial rights of the defendant are not prejudiced, the state may give notice that it is seeking a sentence above the standard sentencing range. The notice shall state aggravating circumstances upon which the requested sentence will be based.
(2) In any case where an exceptional sentence above the standard range was imposed and where a new sentencing hearing is required, the superior court may impanel a jury to consider any alleged aggravating circumstances listed in RCW 9.94A.535
(3), that were relied upon by the superior court in imposing the previous sentence, at the new sentencing hearing.
(3) The facts supporting aggravating circumstances shall be proved to a jury beyond a reasonable doubt. The jury's verdict on the aggravating factor must be unanimous, and by special interrogatory. If a jury is waived, proof shall be to the court beyond a reasonable doubt, unless the defendant stipulates to the aggravating facts.
(4) Evidence regarding any facts supporting aggravating circumstances under RCW 9.94A.535
(3) (a) through (y) shall be presented to the jury during the trial of the alleged crime, unless the jury has been impaneled solely for resentencing, or unless the state alleges the aggravating circumstances listed in RCW 9.94A.535
(3) (e)(iv), (h)(i), (o), or (t). If one of these aggravating circumstances is alleged, the trial court may conduct a separate proceeding if the evidence supporting the aggravating fact is not part of the res geste of the charged crime, if the evidence is not otherwise admissible in trial of the charged crime, and if the court finds that the probative value of the evidence to the aggravated fact is substantially outweighed by its prejudicial effect on the jury's ability to determine guilt or innocence for the underlying crime.
(5) If the superior court conducts a separate proceeding to determine the existence of aggravating circumstances listed in RCW 9.94A.535
(3) (e)(iv), (h)(i), (o), or (t), the proceeding shall immediately follow the trial on the underlying conviction, if possible. If any person who served on the jury is unable to continue, the court shall substitute an alternate juror.
(6) If the jury finds, unanimously and beyond a reasonable doubt, one or more of the facts alleged by the state in support of an aggravated sentence, the court may sentence the offender pursuant to RCW 9.94A.535
to a term of confinement up to the maximum allowed under RCW 9A.20.021
for the underlying conviction if it finds, considering the purposes of this chapter, that the facts found are substantial and compelling reasons justifying an exceptional sentence.
[
2007 c 205 s 2
;
2005 c 68 s 4
.]
NOTES:
Intent
—
2007 c 205:
"In
State v. Pillatos, 150 P.3d 1130 (2007), the Washington supreme court held that the changes made to the sentencing reform act concerning exceptional sentences in chapter 68, Laws of 2005 do not apply to cases where the trials had already begun or guilty pleas had already been entered prior to the effective date of the act on April 15, 2005. The legislature intends that the superior courts shall have the authority to impanel juries to find aggravating circumstances in all cases that come before the courts for trial or sentencing, regardless of the date of the original trial or sentencing." [
2007 c 205 s 1
.]
Effective date
—
2007 c 205:
"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 27, 2007]." [
2007 c 205 s 3
.]
Intent
—
2005 c 68:
"The legislature intends to conform the sentencing reform act, chapter
9.94A
RCW, to comply with the ruling in
Blakely v. Washington, 542 U.S. ... (2004). In that case, the United States supreme court held that a criminal defendant has a Sixth Amendment right to have a jury determine beyond a reasonable doubt any aggravating fact, other than the fact of a prior conviction, that is used to impose greater punishment than the standard range or standard conditions. The legislature intends that aggravating facts, other than the fact of a prior conviction, will be placed before the jury. The legislature intends that the sentencing court will then decide whether or not the aggravating fact is a substantial and compelling reason to impose greater punishment. The legislature intends to create a new criminal procedure for imposing greater punishment than the standard range or conditions and to codify existing common law aggravating factors, without expanding or restricting existing statutory or common law aggravating circumstances. The legislature does not intend the codification of common law aggravating factors to expand or restrict currently available statutory or common law aggravating circumstances. The legislature does not intend to alter how mitigating facts are to be determined under the sentencing reform act, and thus intends that mitigating facts will be found by the sentencing court by a preponderance of the evidence.
While the legislature intends to bring the sentencing reform act into compliance as previously indicated, the legislature recognizes the need to restore the judicial discretion that has been limited as a result of the
Blakely
decision." [
2005 c 68 s 1
.]
Severability
—
2005 c 68:
"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." [
2005 c 68 s 6
.]
Effective date
—
2005 c 68:
"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 15, 2005]." [
2005 c 68 s 7
.]
RCW 9.94A.540
Mandatory minimum terms.
(1) Except to the extent provided in subsection (3) of this section, the following minimum terms of total confinement are mandatory and shall not be varied or modified under RCW 9.94A.535
:
(a) An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years.
(b) An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years.
(c) An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years.
(d) An offender convicted of the crime of sexually violent predator escape shall be sentenced to a minimum term of total confinement not less than sixty months.
(e) An offender convicted of the crime of aggravated first degree murder for a murder that was committed prior to the offender's eighteenth birthday shall be sentenced to a term of total confinement not less than twenty-five years.
(2) During such minimum terms of total confinement, no offender subject to the provisions of this section is eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release authorized under RCW 9.94A.728, or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer. The provisions of this subsection shall not apply: (a) In the case of an offender in need of emergency medical treatment; (b) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree; or (c) for an extraordinary medical placement when authorized under *RCW 9.94A.728
(3).
(3)(a) Subsection (1)(a) through (d) of this section shall not be applied in sentencing of juveniles tried as adults pursuant to RCW 13.04.030
(1)(e)(i).
(b) This subsection (3) applies only to crimes committed on or after July 24, 2005.
[
2014 c 130 s 2
;
2005 c 437 s 2
;
2001 2nd sp.s. c 12 s 315
;
2000 c 28 s 7
. Formerly RCW 9.94A.590
.]
NOTES:
*Reviser's note:
RCW 9.94A.728
was amended by 2015 c 156 s 1, changing subsection (3) to subsection (1)(c).
Application
—
Effective date
—
2014 c 130:
See notes following RCW 9.94A.510
.
Findings
—
Intent
—
2005 c 437:
"(1) The legislature finds that emerging research on brain development indicates that adolescent brains, and thus adolescent intellectual and emotional capabilities, differ significantly from those of mature adults. It is appropriate to take these differences into consideration when sentencing juveniles tried as adults. The legislature further finds that applying mandatory minimum sentences for juveniles tried as adults prevents trial court judges from taking these differences into consideration in appropriate circumstances.
(2) The legislature intends to eliminate the application of mandatory minimum sentences under RCW 9.94A.540
to juveniles tried as adults, and to continue to apply all other adult sentencing provisions to juveniles tried as adults." [
2005 c 437 s 1
.]
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.550
Fines.
Unless otherwise provided by a statute of this state, on all sentences under this chapter the court may impose fines on adult offenders according to the following ranges:
Class A felonies
$0 - 50,000
Class B felonies
$0 - 20,000
Class C felonies
$0 - 10,000
[
2015 c 265 s 15
;
2003 c 53 s 59
;
1984 c 209 s 23
. Formerly RCW 9.94A.386
.]
NOTES:
Finding
—
Intent
—
2015 c 265:
See note following RCW 13.50.010
.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Effective dates
—
1984 c 209:
See note following RCW 9.94A.030
.
RCW 9.94A.555
Findings and intent
—
1994 c 1.
(1) The people of the state of Washington find and declare that:
(a) Community protection from persistent offenders is a priority for any civilized society.
(b) Nearly fifty percent of the criminals convicted in Washington state have active prior criminal histories.
(c) Punishments for criminal offenses should be proportionate to both the seriousness of the crime and the prior criminal history.
(d) The public has the right and the responsibility to determine when to impose a life sentence.
(2) By sentencing three-time, most serious offenders to prison for life without the possibility of parole, the people intend to:
(a) Improve public safety by placing the most dangerous criminals in prison.
(b) Reduce the number of serious, repeat offenders by tougher sentencing.
(c) Set proper and simplified sentencing practices that both the victims and persistent offenders can understand.
(d) Restore public trust in our criminal justice system by directly involving the people in the process.
[
1994 c 1 s 1
(Initiative Measure No. 593, approved November 2, 1993). Formerly RCW 9.94A.392
.]
NOTES:
Severability
—
1994 c 1:
"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." [
1994 c 1 s 6
(Initiative Measure No. 593, approved November 2, 1993).]
Short title
—
1994 c 1:
"This act shall be known and may be cited as the persistent offender accountability act." [
1994 c 1 s 7
(Initiative Measure No. 593, approved November 2, 1993).]
Captions
—
1994 c 1:
"Captions as used in this act do not constitute any part of the law." [
1994 c 1 s 8
(Initiative Measure No. 593, approved November 2, 1993).]
RCW 9.94A.561
Offender notification and warning.
A sentencing judge, law enforcement agency, or state or local correctional facility may, but is not required to, give offenders who have been convicted of an offense that is a most serious offense as defined in RCW 9.94A.030
either written or oral notice, or both, of the sanctions imposed upon persistent offenders. General notice of these sanctions and the conditions under which they may be imposed may, but need not, be given in correctional facilities maintained by state or local agencies. This section is enacted to provide authority, but not requirement, for the giving of such notice in every conceivable way without incurring liability to offenders or third parties.
[
1994 c 1 s 4
(Initiative Measure No. 593, approved November 2, 1993). Formerly RCW 9.94A.393
.]
NOTES:
Severability
—
Short title
—
Captions
—
1994 c 1:
See notes following RCW 9.94A.555
.
RCW 9.94A.562
Court-ordered treatment
—
Required notices.
When any person is convicted in a superior court, the judgment and sentence shall include a statement that if the offender is or becomes subject to court-ordered mental health or chemical dependency treatment, the offender must notify the department and the offender's treatment information must be shared with the department of corrections for the duration of the offender's incarceration and supervision. Upon a petition by an offender who does not have a history of one or more violent acts, as defined in RCW 71.05.020, the court may, for good cause, find that public safety is not enhanced by the sharing of this offender's information.
[
2004 c 166 s 11
.]
NOTES:
Severability
—
Effective dates
—
2004 c 166:
See notes following RCW 71.05.040
.
RCW 9.94A.565
Governor's powers.
(1) Nothing in chapter 1, Laws of 1994 or chapter
10.95
RCW shall ever be interpreted or construed as to reduce or eliminate the power of the governor to grant a pardon or clemency to any individual on an individual case-by-case basis. However, the people recommend that:
(a) Any incarcerated individual subject to total confinement for life without the possibility of parole not be considered for release until the incarcerated individual has been judged to no longer be a threat to society;
(b) Incarcerated individuals who have been convicted of a sex offense be held to the utmost scrutiny under this subsection regardless of age; and
(c) Release take the form of a commutation that includes a period of law-abiding behavior in the community.
(2) Nothing in this section shall ever be interpreted or construed to grant any release for the purpose of reducing prison overcrowding. Furthermore, the governor shall provide twice yearly reports on the activities and progress of individuals subject to total confinement for life without the possibility of parole who are released through executive action during his or her tenure. These reports shall continue for not less than 10 years after the release of the individual or upon the death of the released individual.
[
2025 c 371 s 3
;
1994 c 1 s 5
(Initiative Measure No. 593, approved November 2, 1993). Formerly RCW 9.94A.394
.]
NOTES:
Severability
—
Short title
—
Captions
—
1994 c 1:
See notes following RCW 9.94A.555
.
RCW 9.94A.570
Persistent offenders.
Notwithstanding the statutory maximum sentence or any other provision of this chapter, a persistent offender shall be sentenced to a term of total confinement for life without the possibility of release or, when authorized by *RCW 10.95.030
for the crime of aggravated murder in the first degree, sentenced to death. In addition, no offender subject to this section may be eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of release as defined under **RCW 9.94A.728
(1), (2), (3), (4), (6), (8), or (9), or any other form of authorized leave from a correctional facility while not in the direct custody of a corrections officer or officers, except: (1) In the case of an offender in need of emergency medical treatment; or (2) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree.
[
2000 c 28 s 6
. Formerly RCW 9.94A.560
.]
NOTES:
Reviser's note:
*(1) RCW 10.95.030
was amended by 2023 c 102 s 20, deleting subsection (2) relating to "death sentence."
**(2) RCW 9.94A.728
was amended by 2009 c 455 s 2, deleting subsections (1) and (2) and changing subsections (3), (4), (6), (8), and (9) to subsections (2), (3), (5), (7), and (8), respectively. RCW 9.94A.728
was subsequently amended by 2015 c 156 s 1, changing subsections (2), (3), (5), (7), and (8) to subsection (1)(b), (c), (e), (g), and (h), respectively. RCW 9.94A.728
was subsequently amended by 2018 c 166 s 2, changing subsection (1)(g) and (h) to subsection (1)(h) and (i), respectively.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
RCW 9.94A.575
Power to defer or suspend sentences abolished
—
Exceptions.
The power to defer or suspend the imposition or execution of sentence is hereby abolished in respect to sentences prescribed for felonies committed after June 30, 1984, except for offenders sentenced under RCW 9.94A.670, the special sex offender sentencing alternative, whose sentence may be suspended.
[
2000 c 28 s 9
;
1999 c 143 s 12
;
1984 c 209 s 7
;
1981 c 137 s 13
. Formerly RCW 9.94A.130
.]
NOTES:
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
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.580
Specialized training.
The department is authorized to determine whether any person subject to the confines of a correctional facility would substantially benefit from successful participation in: (1) Literacy training, (2) employment skills training, or (3) educational efforts to identify and control sources of anger and, upon a determination that the person would, may require such successful participation as a condition for eligibility to obtain early release from the confines of a correctional facility.
The department shall adopt rules and procedures to administer this section.
[
1994 sp.s. c 7 s 533
. Formerly RCW 9.94A.132
.]
NOTES:
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
RCW 9.94A.585
Which sentences appealable
—
Procedure
—
Grounds for reversal
—
Written opinions.
(1) A sentence within the standard sentence range, under RCW 9.94A.510
or
9.94A.517, for an offense shall not be appealed. For purposes of this section, a sentence imposed on a first-time offender under RCW 9.94A.650
shall also be deemed to be within the standard sentence range for the offense and shall not be appealed.
(2) A sentence outside the standard sentence range for the offense is subject to appeal by the defendant or the state. The appeal shall be to the court of appeals in accordance with rules adopted by the supreme court.
(3) Pending review of the sentence, the sentencing court or the court of appeals may order the defendant confined or placed on conditional release, including bond.
(4) To reverse a sentence which is outside the standard sentence range, the reviewing court must find: (a) Either that the reasons supplied by the sentencing court are not supported by the record which was before the judge or that those reasons do not justify a sentence outside the standard sentence range for that offense; or (b) that the sentence imposed was clearly excessive or clearly too lenient.
(5) A review under this section shall be made solely upon the record that was before the sentencing court. Written briefs shall not be required and the review and decision shall be made in an expedited manner according to rules adopted by the supreme court.
(6) The court of appeals shall issue a written opinion in support of its decision whenever the judgment of the sentencing court is reversed and may issue written opinions in any other case where the court believes that a written opinion would provide guidance to sentencing courts and others in implementing this chapter and in developing a common law of sentencing within the state.
(7) The department may petition for a review of a sentence committing an offender to the custody or jurisdiction of the department. The review shall be limited to errors of law. Such petition shall be filed with the court of appeals no later than ninety days after the department has actual knowledge of terms of the sentence. The petition shall include a certification by the department that all reasonable efforts to resolve the dispute at the superior court level have been exhausted.
[
2002 c 290 s 19
;
2000 c 28 s 10
;
1989 c 214 s 1
;
1984 c 209 s 13
;
1982 c 192 s 7
;
1981 c 137 s 21
. Formerly RCW 9.94A.210
.]
NOTES:
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
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
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.589
Consecutive or concurrent sentences.
(1)(a) Except as provided in (b), (c), or (d) of this subsection, whenever a person is to be sentenced for two or more current offenses, the sentence range for each current offense shall be determined by using all other current and prior convictions as if they were prior convictions for the purpose of the offender score: PROVIDED, That if the court enters a finding that some or all of the current offenses encompass the same criminal conduct then those current offenses shall be counted as one crime. Sentences imposed under this subsection shall be served concurrently. Consecutive sentences may only be imposed under the exceptional sentence provisions of RCW 9.94A.535
. "Same criminal conduct," as used in this subsection, means two or more crimes that require the same criminal intent, are committed at the same time and place, and involve the same victim. This definition applies in cases involving vehicular assault or vehicular homicide even if the victims occupied the same vehicle.
(b) Whenever a person is convicted of two or more serious violent offenses arising from separate and distinct criminal conduct, the standard sentence range for the offense with the highest seriousness level under RCW 9.94A.515
shall be determined using the offender's prior convictions and other current convictions that are not serious violent offenses in the offender score and the standard sentence range for other serious violent offenses shall be determined by using an offender score of zero. The standard sentence range for any offenses that are not serious violent offenses shall be determined according to (a) of this subsection. All sentences imposed under this subsection (1)(b) shall be served consecutively to each other and concurrently with sentences imposed under (a) of this subsection. Even if the court orders the confinement terms to run consecutively to each other, the terms of community custody shall run concurrently to each other, unless the court expressly orders the community custody terms to run consecutively to each other.
(c) If an offender is convicted under RCW 9.41.040
for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, the standard sentence range for each of these current offenses shall be determined by using all other current and prior convictions, except other current convictions for the felony crimes listed in this subsection (1)(c), as if they were prior convictions. The offender shall serve consecutive sentences for each conviction of the felony crimes listed in this subsection (1)(c), and for each firearm unlawfully possessed.
(d) All sentences imposed under RCW 46.61.502
(6), 46.61.504
(6), or
46.61.5055
(4) shall be served consecutively to any sentences imposed under RCW 46.20.740
and
46.20.750
.
(2)(a) Whenever a person while under sentence for conviction of a felony commits another felony and is sentenced to another term of confinement, the latter term of confinement shall not begin until expiration of all prior terms of confinement. However, any terms of community custody shall run concurrently to each other, unless the court pronouncing the current sentence expressly orders that they be served consecutively.
(b) Whenever a second or later felony conviction results in consecutive community custody with conditions not currently in effect, under the prior sentence or sentences of community custody, the court may require that the conditions of community custody contained in the second or later sentence begin during the immediate term of community custody and continue throughout the duration of the consecutive term of community custody.
(3) Subject to subsections (1) and (2) of this section, whenever a person is sentenced for a felony that was committed while the person was not under sentence for conviction of a felony, the sentence shall run concurrently with any felony sentence which has been imposed by any court in this or another state or by a federal court subsequent to the commission of the crime being sentenced unless the court pronouncing the current sentence expressly orders that the confinement terms be served consecutively to each other. Even if the court orders the confinement terms to run consecutively to each other, the terms of community custody shall run concurrently to each other, unless the court expressly orders the community custody terms to run consecutively to each other.
(4) Whenever any person granted probation under RCW 9.95.210
or
9.92.060, or both, has the probationary sentence revoked and a prison sentence imposed, that sentence shall run consecutively to any sentence imposed pursuant to this chapter, unless the court pronouncing the subsequent sentence expressly orders that they be served concurrently.
(5) In the case of consecutive sentences, all periods of total confinement shall be served before any partial confinement, community restitution, community supervision, or any other requirement or conditions of any of the sentences. Except for exceptional sentences as authorized under RCW 9.94A.535, if two or more sentences that run consecutively include periods of community supervision, the aggregate of the community supervision period shall not exceed twenty-four months.
[
2020 c 276 s 1
;
2015 2nd sp.s. c 3 s 13
;
2002 c 175 s 7
;
2000 c 28 s 14
;
1999 c 352 s 11
;
1998 c 235 s 2
;
1996 c 199 s 3
;
1995 c 167 s 2
;
1990 c 3 s 704
. Prior:
1988 c 157 s 5
;
1988 c 143 s 24
;
1987 c 456 s 5
;
1986 c 257 s 28
;
1984 c 209 s 25
;
1983 c 115 s 11
. Formerly RCW 9.94A.400
.]
NOTES:
Application
—
2020 c 276:
"The department of corrections must recalculate the scheduled end dates for terms of community custody, community supervision, and community placement so that they run concurrently to previously imposed sentences of community custody, community supervision, community placement, probation, and parole, unless the court pronouncing the current sentence has expressly required such terms to run consecutively. This section applies to each offender currently in confinement or under active supervision, regardless of whether the offender is sentenced after June 11, 2020, and regardless of whether the offender's date of offense occurred prior to June 11, 2020, or after." [
2020 c 276 s 3
.]
Legislative declaration
—
2020 c 276:
"The legislature declares that the department of corrections' recalculations of community custody terms pursuant to this act do not create any expectations that a particular community custody term will end before July 1, 2020, and offenders have no reason to conclude that the recalculation of their community custody terms before July 1, 2020, is an entitlement or creates any liberty interest in their community custody term ending before July 1, 2020." [
2020 c 276 s 4
.]
Authority
—
Implementation
—
2020 c 276:
"The department of corrections has the authority to begin implementing this act upon June 11, 2020." [
2020 c 276 s 5
.]
Retroactive application
—
2020 c 276:
"This act applies retroactively and prospectively, regardless of the date of an offender's underlying offense." [
2020 c 276 s 6
.]
Finding
—
Intent
—
2015 2nd sp.s. c 3:
See note following RCW 10.21.055
.
Effective date
—
2002 c 175:
See note following RCW 7.80.130
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
Severability
—
1996 c 199:
See note following RCW 9.94A.505
.
Application
—
1988 c 157:
See note following RCW 9.94A.030
.
Applicability
—
1988 c 143 ss 21-24:
See note following RCW 9.94A.505
.
Severability
—
1986 c 257:
See note following RCW 9A.56.010
.
Effective date
—
1986 c 257 ss 17-35:
See note following RCW 9.94A.030
.
Effective dates
—
1984 c 209:
See note following RCW 9.94A.030
.
RCW 9.94A.595
Anticipatory offenses.
For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter
9A.28
RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the crime, and multiplying the range by 75 percent.
[
2000 c 28 s 16
;
1986 c 257 s 29
;
1984 c 209 s 26
;
1983 c 115 s 12
. Formerly RCW 9.94A.410
.]
NOTES:
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.
Severability
—
1986 c 257:
See note following RCW 9A.56.010
.
Effective date
—
1986 c 257 ss 17-35:
See note following RCW 9.94A.030
.
Effective dates
—
1984 c 209:
See note following RCW 9.94A.030
.
RCW 9.94A.599
Presumptive ranges that exceed the statutory maximum.
If the presumptive sentence duration given in the sentencing grid exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence. If the addition of a firearm or deadly weapon enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.
[
1998 c 235 s 3
;
1983 c 115 s 13
. Formerly RCW 9.94A.420
.]
RCW 9.94A.603
Felony alcohol violators
—
Treatment during incarceration
—
Conditions.
(1) When sentencing an offender convicted of a violation of RCW 46.61.502
(6) or
46.61.504
(6), the court, in addition to imposing the provisions of this chapter, shall order the offender to undergo alcohol or chemical dependency treatment services during incarceration. The offender shall be liable for the cost of treatment unless the court finds the offender indigent and no third-party insurance coverage is available.
(2) The provisions under *RCW 46.61.5055
(8) and (9) regarding the suspension, revocation, or denial of the offender's license, permit, or nonresident privilege to drive shall apply to an offender convicted of a violation of RCW 46.61.502
(6) or
46.61.504
(6).
(3) The provisions under RCW 46.20.720
and *
46.61.5055
(5) regarding ignition interlock devices shall apply to an offender convicted of a violation of RCW 46.61.502
(6) or
46.61.504
(6).
[
2006 c 73 s 4
.]
NOTES:
*Reviser's note:
RCW 46.61.5055
was amended by 2008 c 282 s 14, changing subsections (5), (8), and (9) to subsections (6), (9), and (10), respectively, effective January 1, 2009.
Effective date
—
2006 c 73:
See note following RCW 46.61.502
.
RCW 9.94A.607
Chemical dependency.
(1) Where the court finds that the offender has any chemical dependency that has contributed to his or her offense, the court may, as a condition of the sentence and subject to available resources, order the offender to participate in rehabilitative programs or otherwise to perform affirmative conduct reasonably related to the circumstances of the crime for which the offender has been convicted and reasonably necessary or beneficial to the offender and the community in rehabilitating the offender. A rehabilitative program may include a directive that the offender obtain an evaluation as to the need for chemical dependency treatment related to the use of alcohol or controlled substances, regardless of the particular substance that contributed to the commission of the offense. The court may also impose a prohibition on the use or possession of alcohol or controlled substances regardless of whether a chemical dependency evaluation is ordered.
(2) This section applies to sentences which include any term other than, or in addition to, a term of total confinement, including suspended sentences.
[
2015 c 81 s 2
;
1999 c 197 s 2
. Formerly RCW 9.94A.129
.]
NOTES:
Severability
—
1999 c 197:
See note following RCW 9.94A.030
.
RCW 9.94A.631
Violation of condition or requirement of sentence
—
Security searches authorized
—
Arrest by community corrections officer
—
Confinement in county jail.
(1) If an offender violates any condition or requirement of a sentence, a community corrections officer may arrest or cause the arrest of the offender without a warrant, pending a determination by the court or by the department. If there is reasonable cause to believe that an offender has violated a condition or requirement of the sentence, a community corrections officer may require an offender to submit to a search and seizure of the offender's person, residence, automobile, or other personal property.
(2) For the safety and security of department staff, an offender may be required to submit to pat searches, or other limited security searches, by community corrections officers, correctional officers, and other agency approved staff, without reasonable cause, when in or on department premises, grounds, or facilities, or while preparing to enter department premises, grounds, facilities, or vehicles. Pat searches of offenders shall be conducted only by staff who are the same gender as the offender, except in emergency situations.
(3) A community corrections officer may also arrest an offender for any crime committed in his or her presence. The facts and circumstances of the conduct of the offender shall be reported by the community corrections officer, with recommendations, to the court, local law enforcement, or local prosecution for consideration of new charges. The community corrections officer's report shall serve as the notice that the department will hold the offender 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. This does not affect the department's authority under RCW 9.94A.737
.
If a community corrections officer arrests or causes the arrest of an offender under this section, the offender shall be confined and detained in the county jail of the county in which the offender was taken into custody, and the sheriff of that county shall receive and keep in the county jail, where room is available, all prisoners delivered to the jail by the community corrections officer, and such offenders shall not be released from custody on bail or personal recognizance, except upon approval of the court or authorized department staff, pursuant to a written order.
[
2020 c 82 s 2
;
2012 1st sp.s. c 6 s 1
;
2009 c 390 s 1
;
1984 c 209 s 11
. Formerly RCW 9.94A.195
.]
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:
"Sections 1, 3 through 9, and 11 through 14 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 1, 2012." [
2012 1st sp.s. c 6 s 15
.]
Application
—
2012 1st sp.s. c 6:
"This act applies retroactively and prospectively regardless of the date of an offender's underlying offense." [
2012 1st sp.s. c 6 s 12
.]
Effective dates
—
1984 c 209:
See note following RCW 9.94A.030
.
RCW 9.94A.633
Violation of condition or requirement
—
Individual charged with new offense
—
Sanctions
—
Procedures.
(Effective until January 1, 2026.)
(1)(a) An individual who violates any condition or requirement of a sentence may be sanctioned by the court with up to 60 days' confinement for each violation or by the department with up to 30 days' confinement as provided in RCW 9.94A.737
.
(b) In lieu of confinement, an individual may be sanctioned with work release, home detention with electronic monitoring, work crew, community restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, or any other community-based sanctions.
(2) If an individual was under community custody pursuant to one of the following statutes, the individual may be sanctioned as follows:
(a) If the individual was transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.728, the individual may be transferred to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation.
(b) If the individual was sentenced under the drug offender sentencing alternative set out in RCW 9.94A.660, the individual may be sanctioned in accordance with that section.
(c) If the individual was sentenced under the parenting sentencing alternative set out in RCW 9.94A.655, the individual may be sanctioned in accordance with that section.
(d) If the individual was sentenced under the special sex offender sentencing alternative set out in RCW 9.94A.670, the suspended sentence may be revoked and the individual committed to serve the original sentence of confinement.
(e) If the individual was sentenced under the mental health sentencing alternative set out in RCW 9.94A.695, the individual may be sanctioned in accordance with that section.
(f) If the individual was sentenced to a work ethic camp pursuant to RCW 9.94A.690, the individual may be reclassified to serve the unexpired term of his or her sentence in total confinement.
(g) If an individual convicted of a sex offense was sentenced pursuant to RCW 9.94A.507, the individual may be transferred to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation.
(h) If the individual was granted conditional commutation pursuant to RCW 9.94A.885, the individual may be transferred to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation.
(3) If a probationer is being supervised by the department pursuant to RCW 9.92.060, 9.95.204, or
9.95.210, the probationer may be sanctioned pursuant to subsection (1) of this section. The department shall have authority to issue a warrant for the arrest of an individual who violates a condition of community custody, as provided in RCW 9.94A.716
. Any sanctions shall be imposed by the department pursuant to RCW 9.94A.737
. Nothing in this subsection is intended to limit the power of the sentencing court to respond to a probationer's violation of conditions.
(4) The parole or probation of an individual who is charged with a new felony offense may be suspended and the individual placed in total confinement pending disposition of the new criminal charges if:
(a) The individual is on parole pursuant to RCW 9.95.110
(1); or
(b) The individual is being supervised pursuant to RCW 9.94A.745
and is on parole or probation pursuant to the laws of another state.
[
2025 c 371 s 4
;
2021 c 242 s 4
;
2012 1st sp.s. c 6 s 2
. Prior:
2010 c 258 s 1
;
2010 c 224 s 12
;
2009 c 375 s 12
;
2009 c 28 s 7
;
2008 c 231 s 15
.]
NOTES:
Expiration date
—
2025 c 371 ss 1 and 4:
See note following RCW 9.94A.501
.
Applicability
—
2021 c 242:
See note following RCW 9.94A.695
.
Effective date
—
2012 1st sp.s. c 6 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 2, 2012]." [
2012 1st sp.s. c 6 s 14
.]
Application
—
2012 1st sp.s. c 6:
See note following RCW 9.94A.631
.
Application
—
2010 c 258 s 1:
"Section 1 of this act applies to all offenders who committed their crimes before, on, or after June 10, 2010." [
2010 c 258 s 2
.]
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
.
PDF
RCW 9.94A.633
Violation of condition or requirement
—
Individual charged with new offense
—
Sanctions
—
Procedures.
(Effective January 1, 2026.)
(1)(a) An individual who violates any condition or requirement of a sentence may be sanctioned by the court with up to 60 days' confinement for each violation or by the department with up to 30 days' confinement as provided in RCW 9.94A.737
.
(b) In lieu of confinement, an individual may be sanctioned with work release, home detention with electronic monitoring, work crew, community restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, or any other community-based sanctions.
(2) If an individual was under community custody pursuant to one of the following statutes, the individual may be sanctioned as follows:
(a) If the individual was transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.728, the individual may be transferred to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation.
(b) If the individual was sentenced under the drug offender sentencing alternative set out in RCW 9.94A.660, the individual may be sanctioned in accordance with that section.
(c) If the individual was sentenced under the drug offender sentencing alternative for driving under the influence set out in RCW 9.94A.661, the individual may be sanctioned in accordance with that section.
(d) If the individual was sentenced under the parenting sentencing alternative set out in RCW 9.94A.655, the individual may be sanctioned in accordance with that section.
(e) If the individual was sentenced under the special sex offender sentencing alternative set out in RCW 9.94A.670, the suspended sentence may be revoked and the individual committed to serve the original sentence of confinement.
(f) If the individual was sentenced under the mental health sentencing alternative set out in RCW 9.94A.695, the individual may be sanctioned in accordance with that section.
(g) If the individual was sentenced to a work ethic camp pursuant to RCW 9.94A.690, the individual may be reclassified to serve the unexpired term of his or her sentence in total confinement.
(h) If an individual convicted of a sex offense was sentenced pursuant to RCW 9.94A.507, the individual may be transferred to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation.
(i) If the individual was granted conditional commutation pursuant to RCW 9.94A.885, the individual may be transferred to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation.
(3) If a probationer is being supervised by the department pursuant to RCW 9.92.060, 9.95.204, or
9.95.210, the probationer may be sanctioned pursuant to subsection (1) of this section. The department shall have authority to issue a warrant for the arrest of an individual who violates a condition of community custody, as provided in RCW 9.94A.716
. Any sanctions shall be imposed by the department pursuant to RCW 9.94A.737
. Nothing in this subsection is intended to limit the power of the sentencing court to respond to a probationer's violation of conditions.
(4) The parole or probation of an individual who is charged with a new felony offense may be suspended and the individual placed in total confinement pending disposition of the new criminal charges if:
(a) The individual is on parole pursuant to RCW 9.95.110
(1); or
(b) The individual is being supervised pursuant to RCW 9.94A.745
and is on parole or probation pursuant to the laws of another state.
[
2025 c 371 s 5
;
2024 c 306 s 7
;
2021 c 242 s 4
;
2012 1st sp.s. c 6 s 2
. Prior:
2010 c 258 s 1
;
2010 c 224 s 12
;
2009 c 375 s 12
;
2009 c 28 s 7
;
2008 c 231 s 15
.]
NOTES:
Effective date
—
2025 c 371 ss 2 and 5:
See note following RCW 9.94A.501
.
Effective date
—
2024 c 306:
See note following RCW 9.94A.661
.
Applicability
—
2021 c 242:
See note following RCW 9.94A.695
.
Effective date
—
2012 1st sp.s. c 6 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 2, 2012]." [
2012 1st sp.s. c 6 s 14
.]
Application
—
2012 1st sp.s. c 6:
See note following RCW 9.94A.631
.
Application
—
2010 c 258 s 1:
"Section 1 of this act applies to all offenders who committed their crimes before, on, or after June 10, 2010." [
2010 c 258 s 2
.]
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.6331
Sanctions
—
Where served.
(1) If a sanction of confinement is imposed by the court, the following applies:
(a) If the sanction was imposed pursuant to RCW 9.94A.633
(1), the sanction shall be served in a county facility.
(b) If the sanction was imposed pursuant to RCW 9.94A.633
(2), the sanction shall be served in a state facility.
(2) If a sanction of confinement is imposed by the department, and if the offender is an inmate as defined by RCW 72.09.015, no more than eight days of the sanction, including any credit for time served, may be served in a county facility. The balance of the sanction shall be served in a state facility. In computing the eight-day period, weekends and holidays shall be excluded. The department may negotiate with local correctional authorities for an additional period of detention.
(3) If a sanction of confinement is imposed by the board, it shall be served in a state facility.
(4) Sanctions imposed pursuant to RCW 9.94A.670
(3) shall be served in a county facility.
(5) As used in this section, "county facility" means a facility operated, licensed, or utilized under contract by the county, and  "state facility" means a facility operated, licensed, or utilized under contract by the state.
[
2008 c 231 s 17
.]
NOTES:
Intent
—
Application
—
Application of repealers
—
Effective date
—
2008 c 231:
See notes following RCW 9.94A.701
.
Severability
—
2008 c 231:
See note following RCW 9.94A.500
.
RCW 9.94A.6332
Sanctions
—
Which entity imposes.
(Effective until January 1, 2026.)
The procedure for imposing sanctions for violations of sentence conditions or requirements is as follows:
(1) If the offender was sentenced under the drug offender sentencing alternative, any sanctions shall be imposed by the department or the court pursuant to RCW 9.94A.660
.
(2) If the offender was sentenced under the special sex offender sentencing alternative, any sanctions shall be imposed by the department or the court pursuant to RCW 9.94A.670
.
(3) If the offender was sentenced under the parenting sentencing alternative, any sanctions shall be imposed by the department or by the court pursuant to RCW 9.94A.655
.
(4) If the offender was sentenced under the mental health sentencing alternative, any sanctions shall be imposed by the department or the court pursuant to RCW 9.94A.695
.
(5) If a sex offender was sentenced pursuant to RCW 9.94A.507, any sanctions shall be imposed by the board pursuant to RCW 9.95.435
.
(6) If the offender was released pursuant to RCW 9.94A.730, any sanctions shall be imposed by the board pursuant to RCW 9.95.435
.
(7) If the offender was sentenced pursuant to RCW *
10.95.030
(3) or
10.95.035, any sanctions shall be imposed by the board pursuant to RCW 9.95.435
.
(8) In any other case, if the offender is being supervised by the department, any sanctions shall be imposed by the department pursuant to RCW 9.94A.737
. If a probationer is being supervised by the department pursuant to RCW 9.92.060, 9.95.204, or
9.95.210, upon receipt of a violation hearing report from the department, the court retains any authority that those statutes provide to respond to a probationer's violation of conditions.
(9) If the offender is not being supervised by the department, any sanctions shall be imposed by the court pursuant to RCW 9.94A.6333
.
[
2021 c 242 s 5
;
2014 c 130 s 3
;
2010 c 224 s 11
;
2009 c 375 s 14
;
2009 c 28 s 8
;
2008 c 231 s 18
.]
NOTES:
*Reviser's note:
RCW 10.95.030
was amended by 2023 c 102 s 20, changing subsection (3) to subsection (2).
Applicability
—
2021 c 242:
See note following RCW 9.94A.695
.
Application
—
Effective date
—
2014 c 130:
See notes following RCW 9.94A.510
.
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
.
PDF
RCW 9.94A.6332
Sanctions
—
Which entity imposes.
(Effective January 1, 2026.)
The procedure for imposing sanctions for violations of sentence conditions or requirements is as follows:
(1) If the offender was sentenced under the drug offender sentencing alternative, any sanctions shall be imposed by the department or the court pursuant to RCW 9.94A.660
.
(2) If the offender was sentenced under the drug offender sentencing alternative for driving under the influence, any sanctions shall be imposed by the department or the court pursuant to RCW 9.94A.661
.
(3) If the offender was sentenced under the special sex offender sentencing alternative, any sanctions shall be imposed by the department or the court pursuant to RCW 9.94A.670
.
(4) If the offender was sentenced under the parenting sentencing alternative, any sanctions shall be imposed by the department or by the court pursuant to RCW 9.94A.655
.
(5) If the offender was sentenced under the mental health sentencing alternative, any sanctions shall be imposed by the department or the court pursuant to RCW 9.94A.695
.
(6) If a sex offender was sentenced pursuant to RCW 9.94A.507, any sanctions shall be imposed by the board pursuant to RCW 9.95.435
.
(7) If the offender was released pursuant to RCW 9.94A.730, any sanctions shall be imposed by the board pursuant to RCW 9.95.435
.
(8) If the offender was sentenced pursuant to RCW 10.95.030
(2) or
10.95.035, any sanctions shall be imposed by the board pursuant to RCW 9.95.435
.
(9) In any other case, if the offender is being supervised by the department, any sanctions shall be imposed by the department pursuant to RCW 9.94A.737
. If a probationer is being supervised by the department pursuant to RCW 9.92.060, 9.95.204, or
9.95.210, upon receipt of a violation hearing report from the department, the court retains any authority that those statutes provide to respond to a probationer's violation of conditions.
(10) If the offender is not being supervised by the department, any sanctions shall be imposed by the court pursuant to RCW 9.94A.6333
.
[
2024 c 306 s 8
;
2021 c 242 s 5
;
2014 c 130 s 3
;
2010 c 224 s 11
;
2009 c 375 s 14
;
2009 c 28 s 8
;
2008 c 231 s 18
.]
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
—
Effective date
—
2014 c 130:
See notes following RCW 9.94A.510
.
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.6333
Sanctions
—
Modification of sentence
—
Noncompliance hearing.
(1) If an offender violates any condition or requirement of a sentence, and the offender is not being supervised by the department, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.
(2) If an offender fails to comply with any of the nonfinancial conditions or requirements of a sentence the following provisions apply:
(a) The court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance. The court may issue a summons or a warrant of arrest for the offender's appearance;
(b) The state has the burden of showing noncompliance by a preponderance of the evidence;
(c) If the court finds that a violation has been proved, it may impose the sanctions specified in RCW 9.94A.633
(1). Alternatively, the court may:
(i) Convert a term of partial confinement to total confinement; or
(ii) Convert community restitution obligation to total or partial confinement;
(d) If the court finds that the violation was not willful, the court may modify its previous order regarding community restitution obligations; and
(e) If the violation involves a failure to undergo or comply with a mental health status evaluation and/or outpatient mental health treatment, the court shall seek a recommendation from the treatment provider or proposed treatment provider. Enforcement of orders concerning outpatient mental health treatment must reflect the availability of treatment and must pursue the least restrictive means of promoting participation in treatment. If the offender's failure to receive care essential for health and safety presents a risk of serious physical harm or probable harmful consequences, the civil detention and commitment procedures of chapter
71.05
RCW shall be considered in preference to incarceration in a local or state correctional facility.
(3) If an offender fails to pay legal financial obligations as a requirement of a sentence the following provisions apply:
(a) The court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance. The court may issue a summons or a warrant of arrest for the offender's appearance;
(b) The state has the burden of showing noncompliance by a preponderance of the evidence;
(c) The court may not sanction the offender for failure to pay legal financial obligations unless the court finds, after a hearing and on the record, that the failure to pay is willful. A failure to pay is willful if the offender has the current ability to pay but refuses to do so. In determining whether the offender has the current ability to pay, the court shall inquire into and consider: (i) The offender's income and assets; (ii) the offender's basic living costs as defined by RCW 10.101.010
and other liabilities including child support and other legal financial obligations; and (iii) the offender's bona fide efforts to acquire additional resources. An offender who is indigent as defined in RCW 10.01.160
(3) is presumed to lack the current ability to pay;
(d) If the court determines that the offender is homeless or a person who is mentally ill, as defined in RCW 71.24.025, failure to pay a legal financial obligation is not willful noncompliance and shall not subject the offender to penalties;
(e) If the court finds that a failure to pay is willful noncompliance, it may impose the sanctions specified in RCW 9.94A.633
(1); and
(f) If the court finds that the violation was not willful, the court may, and if the court finds that the defendant is indigent as defined in RCW 10.01.160
(3), the court shall modify the terms of payment of the legal financial obligations, reduce or waive nonrestitution legal financial obligations, or convert nonrestitution legal financial obligations to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020
for each hour of community restitution.
(4) Any time served in confinement awaiting a hearing on noncompliance shall be credited against any confinement ordered by the court.
(5) Nothing in this section prohibits the filing of escape charges if appropriate.
[
2023 c 449 s 8
;
2022 c 260 s 13
;
2018 c 269 s 13
;
2008 c 231 s 19
.]
NOTES:
Effective date
—
2023 c 449:
See note following RCW 13.40.058
.
Construction
—
Effective date
—
2022 c 260:
See notes following RCW 3.66.120
.
Construction
—
2018 c 269:
See note following RCW 10.82.090
.
Intent
—
Application
—
Application of repealers
—
Effective date
—
2008 c 231:
See notes following RCW 9.94A.701
.
Severability
—
2008 c 231:
See note following RCW 9.94A.500
.
RCW 9.94A.637
Discharge upon completion of sentence
—
Certificate of discharge
—
Issuance, effect of no-contact order
—
Obligations, counseling after discharge.
(1) When an offender has completed all requirements of the sentence, including any and all legal financial obligations, and while under the custody or supervision of the department, the secretary or the secretary's designee shall notify the sentencing court, which shall discharge the offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate to the offender's last known address. A certificate of discharge issued under this subsection (1) is effective on the date the offender completed all conditions of his or her sentence.
(2)(a) When an offender has reached the end of his or her supervision with the department and has completed all the requirements of the sentence except his or her legal financial obligations, the secretary's designee shall provide the county clerk with a notice that the offender has completed all nonfinancial requirements of the sentence. The notice must list the specific sentence requirements that have been completed, so that it is clear to the sentencing court that the offender is entitled to discharge upon completion of the legal financial obligations of the sentence.
(b) When the department has provided the county clerk with notice under (a) of this subsection showing that an offender has completed all the requirements of the sentence and the offender subsequently satisfies all legal financial obligations under the sentence, the county clerk shall promptly notify the sentencing court. Upon receipt of the notice under this subsection (2)(b), the court shall discharge the offender and provide the offender with a certificate of discharge. A certificate of discharge issued under this subsection (2) is effective on the date the offender completed all conditions of his or her sentence.
(3) In the absence of a certificate of discharge issued under subsection (1) or (2) of this section, the offender may file a motion with the sentencing court for a certificate of discharge. The sentencing court shall issue a certificate of discharge upon verification of completion of all sentencing conditions, including any and all legal financial obligations. A certificate of discharge issued under this subsection (3) is effective on the date the offender completed all conditions of his or her sentence.
(4) In the absence of a certificate of discharge issued under subsection (1), (2), or (3) of this section, the offender may file a motion with the sentencing court for a certificate of discharge and shall provide verification of completion of all nonfinancial conditions of his or her sentence, unless the court finds good cause to waive this requirement. A certificate of discharge issued under this subsection (4) is effective on the later of: (a) Five years after completion of community custody, or if the offender was not required to serve community custody, after the completion of full and partial confinement; or (b) the date any and all legal financial obligations were satisfied.
(5) The court shall issue a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate to the offender's last known address.
(6)(a) A no-contact order is not a requirement of the offender's sentence. An offender who has completed all requirements of the sentence, including any and all legal financial obligations, is eligible for a certificate of discharge even if the offender has an existing no-contact order that excludes or prohibits the offender from having contact with a specified person or entity or coming within a set distance of any specified location.
In the case of an eligible offender who has a no-contact order as part of the judgment and sentence, the offender may petition the sentencing court to issue a certificate of discharge and a separate no-contact order, which must include paying the appropriate filing fee for the separate no-contact order. This filing fee does not apply to an offender seeking a certificate of discharge when the offender has a no-contact order separate from the judgment and sentence.
The court shall reissue the no-contact order separately under a new civil cause number for the remaining term and under the same conditions as contained in the judgment and sentence.
(b) The clerk of the court shall send a copy of the new no-contact order to the individuals or entities protected by the no-contact order, along with an explanation of the reason for the change, if there is an address available in the court file. If no address is available, the clerk of the court shall forward a copy of the order to the prosecutor, who shall send a copy of the no-contact order with an explanation of the reason for the change to the last known address of the protected individuals or entities.
(c) The clerk of the court shall forward a copy of the order to the appropriate law enforcement agency specified in the order on or before the next judicial day. The clerk shall also include a cover sheet that indicates the case number of the judgment and sentence that has been discharged. Upon receipt of the copy of the order and cover sheet, the law enforcement agency shall enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order shall remain in this system until it expires. The new order, and case number of the discharged judgment and sentence, shall be linked in the criminal intelligence information system for purposes of enforcing the no-contact order.
(d) A separately issued no-contact order may be enforced under chapter
7.105
RCW.
(e) A separate no-contact order issued under this subsection (6) is not a modification of the offender's sentence.
(7) Every signed certificate and order of discharge shall be filed with the county clerk of the sentencing county. In addition, the court shall send to the department a copy of every signed certificate and order of discharge for offender sentences under the authority of the department. The county clerk shall enter into a database maintained by the administrator for the courts the names of all felons who have been issued certificates of discharge, the date of discharge, and the date of conviction and offense.
(8) An offender who is not convicted of a violent offense or a sex offense and is sentenced to a term involving community supervision may be considered for a discharge of sentence by the sentencing court prior to the completion of community supervision, provided that the offender has completed at least one-half of the term of community supervision and has met all other sentence requirements.
(9) The discharge shall have the effect of restoring all civil rights not already restored by RCW 29A.08.520, and the certificate of discharge shall so state. Nothing in this section prohibits the use of an offender's prior record for purposes of determining sentences for later offenses as provided in this chapter. Nothing in this section affects or prevents use of the offender's prior conviction in a later criminal prosecution either as an element of an offense or for impeachment purposes. A certificate of discharge is not based on a finding of rehabilitation.
(10) Unless otherwise ordered by the sentencing court, a certificate of discharge shall not terminate the offender's obligation to comply with an order that excludes or prohibits the offender from having contact with a specified person or coming within a set distance of any specified location that was contained in the judgment and sentence. An offender who violates such an order after a certificate of discharge has been issued shall be subject to prosecution according to the chapter under which the order was originally issued.
(11) Upon release from custody, the offender may apply to the department for counseling and help in adjusting to the community. This voluntary help may be provided for up to one year following the release from custody.
[
2021 c 215 s 101
;
2019 c 331 s 2
. Prior:
2009 c 325 s 3
;
2009 c 288 s 2
;
2007 c 171 s 1
;
2004 c 121 s 2
;
2003 c 379 s 19
;
2002 c 16 s 2
;
2000 c 119 s 3
;
1994 c 271 s 901
;
1984 c 209 s 14
;
1981 c 137 s 22
. Formerly RCW 9.94A.220
.]
NOTES:
Effective date
—
2022 c 268; 2021 c 215:
See note following RCW 7.105.900
.
Short title
—
2019 c 331:
"This act may be known and cited as the new hope act." [
2019 c 331 s 1
.]
Findings
—
2009 c 288:
"The legislature finds that restoration of the right to vote and serve on a jury, for individuals who have satisfied every other obligation of their sentence, best serves to reintegrate them into society, even if a no-contact order exists. Therefore, the legislature further finds clarification of the existing statute is desirable to provide clarity to the courts that a certificate of discharge shall be issued, while the no-contact order remains in effect, once other obligations are completed." [
2009 c 288 s 1
.]
Severability
—
Effective dates
—
2003 c 379:
See notes following RCW 9.94A.728
.
Intent
—
Purpose
—
2003 c 379 ss 13-27:
See note following RCW 9.94A.760
.
Intent
—
2002 c 16:
"The legislature recognizes that an individual's right to vote is a hallmark of a free and inclusive society and that it is in the best interests of society to provide reasonable opportunities and processes for an offender to regain the right to vote after completion of all of the requirements of his or her sentence. The legislature intends to clarify the method by which the court may fulfill its already existing direction to provide discharged offenders with their certificates of discharge." [
2002 c 16 s 1
.]
Application
—
2000 c 119:
See note following RCW 10.31.100
.
Purpose
—
Severability
—
1994 c 271:
See notes following RCW 9A.28.020
.
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.640
Vacation of offender's record of conviction.
(1) Except as provided in subsection (5) of this section, every offender who has been discharged under RCW 9.94A.637
may apply to the sentencing court for a vacation of the offender's record of conviction. If the court finds the offender meets the tests prescribed in subsection (2) of this section, the court may clear the record of conviction by: (a) Permitting the offender to withdraw the offender's plea of guilty and to enter a plea of not guilty; or (b) if the offender has been convicted after a plea of not guilty, by the court setting aside the verdict of guilty; and (c) by the court dismissing the information or indictment against the offender.
(2) An offender may not have the record of conviction cleared if:
(a) There are any criminal charges against the offender pending in any court of this state or another state, or in any federal court;
(b) The offense was a violent offense as defined in RCW 9.94A.030
or crime against persons as defined in RCW 43.43.830, except the following offenses may be vacated if the conviction did not include a firearm, deadly weapon, or sexual motivation enhancement: (i) Assault in the second degree under RCW 9A.36.021
; (ii) assault in the third degree under RCW 9A.36.031
when not committed against a law enforcement officer or peace officer; and (iii) robbery in the second degree under RCW 9A.56.210
;
(c) The offense is a class B felony and the offender has been convicted of a new crime in this state, another state, or federal court in the ten years prior to the application for vacation;
(d) The offense is a class C felony and the offender has been convicted of a new crime in this state, another state, or federal court in the five years prior to the application for vacation;
(e) The offense is a class B felony and less than ten years have passed since the later of: (i) The applicant's release from community custody; (ii) the applicant's release from full and partial confinement; or (iii) the applicant's sentencing date;
(f) The offense was a class C felony, other than a class C felony described in RCW 46.61.502
(6) or
46.61.504
(6), and less than five years have passed since the later of: (i) The applicant's release from community custody; (ii) the applicant's release from full and partial confinement; or (iii) the applicant's sentencing date; or
(g) The offense was a felony described in RCW 46.61.502
or
46.61.504
.
(3) If the applicant is a victim of sex trafficking, prostitution, or commercial sexual abuse of a minor; sexual assault; or domestic violence as defined in RCW 9.94A.030, the victim or the prosecutor of the county in which the victim was sentenced may apply to the sentencing court or the sentencing court's successor to vacate the victim's record of conviction for a class B or class C felony offense using the process in RCW 9.94A.648
. When preparing or filing the petition, the prosecutor is not deemed to be providing legal advice or legal assistance on behalf of the victim, but is fulfilling an administrative function on behalf of the state in order to further their responsibility to seek to reform and improve the administration of criminal justice. A record of conviction vacated using the process in RCW 9.94A.648
is subject to subsection (4) of this section.
(4)(a) Except as otherwise provided, once the court vacates a record of conviction under subsection (1) of this section, the fact that the offender has been convicted of the offense shall not be included in the offender's criminal history for purposes of determining a sentence in any subsequent conviction, and the offender shall be released from all penalties and disabilities resulting from the offense. For all purposes, including responding to questions on employment applications, an offender whose conviction has been vacated may state that the offender has never been convicted of that crime. A conviction that has been vacated under this section may not be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies. Nothing in this section affects or prevents the use of an offender's prior conviction in a later criminal prosecution, and nothing in this section affects the requirements for restoring a right to possess a firearm under RCW 9.41.040
.
(b) A conviction vacated on or after July 28, 2019, qualifies as a prior conviction for the purpose of charging a present recidivist offense occurring on or after July 28, 2019, and may be used to establish an ongoing pattern of abuse for purposes of RCW 9.94A.535
.
(5) Every person convicted of a prison riot offense under RCW 9.94.010
who was incarcerated in a facility operated by the department of children, youth, and families or a county juvenile detention facility at the time of the offense may apply to the sentencing court for a vacation of the applicant's record of adjudication or conviction for the offense. If an applicant qualifies under this subsection, the court shall vacate the record of conviction or adjudication.
[
2025 c 169 s 2
;
2021 c 237 s 2
;
2019 c 331 s 3
;
2012 c 183 s 3
;
2006 c 73 s 8
;
1987 c 486 s 7
;
1981 c 137 s 23
. Formerly RCW 9.94A.230
.]
NOTES:
Effective date
—
2025 c 169:
"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 25, 2025]." [
2025 c 169 s 7
.]
Short title
—
2019 c 331:
See note following RCW 9.94A.637
.
Effective date
—
2012 c 183:
See note following RCW 9.94A.475
.
Effective date
—
2006 c 73:
See note following RCW 46.61.502
.
Effective date
—
1981 c 137:
See RCW 9.94A.905
.
RCW 9.94A.645
Civil actions against victims by persons convicted and confined for serious violent offenses
—
Authorization
—
Court may refuse
—
Considerations
—
Result of failure to obtain authorization.
(1) A person convicted and confined for any of the offenses set forth in subsection (3) of this section must, prior to commencing any civil action in state court against the victim of such offense, or the victim's family, first obtain an order authorizing such action to proceed from the sentencing judge, if available, or the presiding judge in the county of conviction.
(2) This section does not apply to an action brought under Title
26
RCW.
(3) This section applies to persons convicted and confined for any serious violent offense as defined in RCW 9.94A.030
.
(4) A court may refuse to authorize an action, or a claim contained therein, to proceed if the court finds that the action, or claim, is frivolous or malicious. In determining whether an action, or a claim asserted therein, is frivolous or malicious, the court may consider, among other things, whether:
(a) The claim's realistic chance of ultimate success is slight;
(b) The claim has no arguable basis in law or in fact;
(c) It is clear that the party cannot prove facts in support of the claim;
(d) The claim has been brought with the intent to harass the opposing party; or
(e) The claim is substantially similar to a previous claim filed by the inmate because the claim arises from the same operative facts.
(5) For purposes of this section, "victim's family" includes a victim's spouse, domestic partner, children, parents, and siblings.
(6) Failure to obtain the authorization required by this section prior to commencing an action may result in loss of early release time or other privileges, or some combination thereof. The department may exercise discretion to determine whether and how the loss may be applied, and the amount of reduction of early release time, loss of other privileges, or some combination thereof. The department shall adopt rules to implement the provisions of this subsection.
[
2014 c 113 s 1
.]
RCW 9.94A.646
Resentencing
—
Juveniles
—
Prison riot offenses.
(1) In any criminal case where an offender has been sentenced for an offense where a conviction or adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility was used as a basis for the offender's sentence, the prosecuting attorney shall, or the offender may, make a motion for relief from sentence to the original sentencing court.
(2) The sentencing court shall grant the motion for relief from sentence established in this section if it finds that a current or past conviction or adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility was used as a basis for the offender's sentence and shall immediately set an expedited date for resentencing. At resentencing, the court shall sentence the offender as if the current or past conviction for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility did not occur.
[
2025 c 169 s 3
.]
NOTES:
Effective date
—
2025 c 169:
See note following RCW 9.94A.640
.
RCW 9.94A.647
Resentencing
—
Persistent offenders
—
Robbery in the second degree.
(1) In any criminal case wherein an offender has been sentenced as a persistent offender, the offender must have a resentencing hearing if a current or past conviction for robbery in the second degree was used as a basis for the finding that the offender was a persistent offender. The prosecuting attorney for the county in which any offender was sentenced as a persistent offender shall review each sentencing document. If a current or past conviction for robbery in the second degree was used as a basis for a finding that an offender was a persistent offender, the prosecuting attorney shall, or the offender may, make a motion for relief from sentence to the original sentencing court.
(2) The sentencing court shall grant the motion if it finds that a current or past conviction for robbery in the second degree was used as a basis for a finding that the offender was a persistent offender and shall immediately set an expedited date for resentencing. At resentencing, the court shall sentence the offender as if robbery in the second degree was not a most serious offense at the time the original sentence was imposed.
(3) Notwithstanding the provisions of RCW 9.94A.345, for purposes of resentencing under this section or sentencing any person as a persistent offender after July 25, 2021, robbery in the second degree shall not be considered a most serious offense regardless of whether the offense was committed before, on, or after the effective date of chapter 187, Laws of 2019 [July 28, 2019].
[
2021 c 141 s 1
.]
RCW 9.94A.648
Victims of certain crimes
—
Vacating records of conviction for a class B or class C felony.
(1)(a) A victim of sex trafficking, prostitution, or commercial sexual abuse of a minor; sexual assault; or domestic violence as defined in RCW 9.94A.030
may apply to the sentencing court or the sentencing court's successor to vacate the victim's record of conviction for a class B or class C felony offense.
(b) The prosecutor of a county in which a victim of sex trafficking, prostitution, [or] commercial sexual abuse of a minor; sexual assault; or domestic violence was sentenced for a class B or class C felony offense may exercise discretion to apply to the court on behalf of the state recommending that the court vacate the victim's record of conviction by submitting the information required in subsection (2) of this section. If the court finds the application meets the requirements of subsection (2) of this section, the court may decide whether to grant the application to vacate the record.
(2) In order to vacate a record of conviction for a class B or class C felony offense committed as a result of being a victim of sex trafficking, prostitution, or commercial sexual abuse of a minor; domestic violence; or sexual assault, the applicant must meet the following requirements:
(a) Provide an affidavit under penalty of perjury stating the specific facts and circumstances proving, by a preponderance of evidence, that the offense was committed as a result of being a victim of sex trafficking, prostitution, or commercial sexual abuse of a minor; domestic violence; or sexual assault;
(b) There are no criminal charges against the applicant pending in any court of this state or another state, or in any federal court for any offense other than prostitution;
(c) If the victim's offense is a class C felony, the offender has not been convicted of a new offense in this state, another state, or federal or tribal court in the five years prior to the vacation application;
(d) If the victim's offense is a class B felony, the offender has not been convicted of a new offense in this state, another state, or federal or tribal court in the 10 years prior to the vacation application;
(e) Provide proof that the crime victim penalty assessment, RCW 7.68.035, has been paid in full; and
(f) If applicable, restitution owed to any victim, excluding restitution owed to any insurance provider under Title
48
RCW, has been paid in full.
(3) An applicant may not have a record of conviction for a class B or class C felony offense vacated if:
(a) The offense was a violent offense as defined in RCW 9.94A.030
or crime against persons as defined in RCW 43.43.830, except the following offenses may be vacated if the conviction did not include a firearm, deadly weapon, or sexual motivation enhancement: (i) Assault in the second degree under RCW 9A.36.021
; (ii) assault in the third degree under RCW 9A.36.031
when not committed against a law enforcement officer or peace officer; and (iii) robbery in the second degree under RCW 9A.56.210
;
(b) The offense was a felony described in RCW 46.61.502, 46.61.504, or
46.61.5055
; or
(c) The offense was promoting prostitution in the first or second degree as described in RCW 9A.88.070
and
9A.88.080
.
[
2021 c 237 s 3
.]
RCW 9.94A.650
First-time offender waiver.
(1) This section applies to offenders who have never been previously convicted of a felony in this state, federal court, or another state, and who have never participated in a program of deferred prosecution for a felony, and who are convicted of a felony that is not:
(a) Classified as a violent offense or a sex offense under this chapter;
(b) Manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or flunitrazepam classified in Schedule IV;
(c) Manufacture, delivery, or possession with intent to deliver a methamphetamine, its salts, isomers, and salts of its isomers as defined in RCW 69.50.206
(d)(2);
(d) The selling for profit of any controlled substance or counterfeit substance classified in Schedule I, RCW 69.50.204, except leaves and flowering tops of cannabis; or
(e) Felony driving while under the influence of intoxicating liquor or any drug or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug.
(2) In sentencing a first-time offender the court may waive the imposition of a sentence within the standard sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses.
(3) The court may impose up to six months of community custody unless treatment is ordered, in which case the period of community custody may include up to the period of treatment, but shall not exceed one year.
(4) As a condition of community custody, in addition to any conditions authorized in RCW 9.94A.703, the court may order the offender to pay all court-ordered legal financial obligations and/or perform community restitution work.
(5) For the purposes of this section, "cannabis" has the meaning provided in RCW 69.50.101
.
[
2022 c 16 s 6
;
2011 1st sp.s. c 40 s 9
;
2008 c 231 s 29
;
2006 c 73 s 9
;
2002 c 175 s 9
;
2000 c 28 s 18
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
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
.
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
.
Effective date
—
2002 c 175:
See note following RCW 7.80.130
.
Technical correction bill
—
2000 c 28:
See note following RCW 9.94A.015
.