reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.165 - Escape or disappearance—Notification requirements.

RCW 10.77.165
Escape or disappearance—Notification requirements.
(1) In the event of an escape by a person committed under this chapter from a state facility or the disappearance of such a person on conditional release or other authorized absence, the superintendent shall provide notification of the person's escape or disappearance for the public's safety or to assist in the apprehension of the person.
(a) The superintendent shall notify:
(i) State and local law enforcement officers located in the city and county where the person escaped and in the city and county which had jurisdiction of the person on the date of the applicable offense;
(ii) Other appropriate governmental agencies;
(iii) The person's attorney of record; and
(iv) The person's relatives.
(b) The superintendent shall provide the same notification as required by (a) of this subsection to the following, if such notice has been requested in writing about a specific person committed under this chapter:
(i) The victim of the crime for which the person was convicted or the victim's next of kin if the crime was a homicide;
(ii) Any witnesses who testified against the person in any court proceedings if the person was charged with a violent offense; and
(iii) Any other appropriate persons.
(2) Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the person committed under this chapter.
(3) The notice provisions of this section are in addition to those provided in RCW 10.77.205.
[ 2023 c 120 § 9; 2011 c 305 § 6; 2010 c 28 § 1; 1993 c 31 § 8; 1990 c 3 § 107; 1989 c 420 § 10; 1983 c 122 § 3.]
NOTES:
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Findings—2011 c 305: See note following RCW 74.09.295.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.170 - Payments to conditionally released persons.

RCW 10.77.170
Payments to conditionally released persons.
As funds are available, the secretary may provide payment to a person conditionally released pursuant to RCW 10.77.150, consistent with the provisions of RCW 72.02.100 and 72.02.110, and may adopt rules and regulations to do so.
[ 1973 1st ex.s. c 117 § 17.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.180 - Conditional release—Periodic review of case.

RCW 10.77.180
Conditional release—Periodic review of case.
Each person conditionally released pursuant to RCW 10.77.150 shall have his or her case reviewed by the court which conditionally released him or her no later than one year after such release and no later than every two years thereafter, such time to be scheduled by the court. Review may occur in a shorter time or more frequently, if the court, in its discretion, on its own motion, or on motion of the person, the secretary of social and health services, the secretary of corrections, medical or mental health practitioner, or the prosecuting attorney, so determines. The sole question to be determined by the court is whether the person shall continue to be conditionally released. The court in making its determination shall be aided by the periodic reports filed pursuant to RCW 10.77.140 and 10.77.160, and the opinions of the secretary and other experts or professional persons. If the conditionally released person is indigent, and so requests, the court shall assist the person in obtaining a qualified expert or professional person to examine the person on his or her behalf. An expert or professional person obtained by a conditionally released indigent person who was committed to state psychiatric care following acquittal by reason of insanity shall be compensated out of funds of the office of public defense as provided in policies and procedures under chapter 2.70 RCW, in a manner consistent with the rules of professional conduct and the standards for indigent defense.
[ 2023 c 120 § 10; 1998 c 297 § 42; 1993 c 31 § 9; 1974 ex.s. c 198 § 14; 1973 1st ex.s. c 117 § 18.]
NOTES:
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.195 - Conditional release—Court approval—Compliance—Secretary to coordinate with designated treatment providers, department of corrections staff, and local law enforcement—Rules.

RCW 10.77.195
Conditional release—Court approval—Compliance—Secretary to coordinate with designated treatment providers, department of corrections staff, and local law enforcement—Rules.
For persons who have received court approval for conditional release, the secretary or the secretary's designee shall supervise the person's compliance with the court-ordered conditions of release in coordination with the multidisciplinary transition team appointed under RCW 10.77.150. The level of supervision provided by the secretary shall correspond to the level of the person's public safety risk. In undertaking supervision of persons under this section, the secretary shall coordinate with any treatment providers or department of corrections staff designated pursuant to RCW 10.77.150, and local law enforcement, if appropriate. The secretary shall adopt rules to implement this section.
[ 2021 c 263 § 10; 2010 c 263 § 9.]
NOTES:
Application—2021 c 263: See note following RCW 10.77.150.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.207 - Persons acquitted of sex offense due to insanity—Release of information authorized.

RCW 10.77.207
Persons acquitted of sex offense due to insanity—Release of information authorized.
In addition to any other information required to be released under this chapter, the department is authorized, pursuant to RCW 4.24.550, to release relevant information necessary to protect the public concerning a person who was acquitted of a sex offense as defined in RCW 9.94A.030 due to insanity and was subsequently committed to the department pursuant to this chapter.
[ 1990 c 3 § 105.]
NOTES:
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.210 - Right to adequate care and treatment—Records and reports.

RCW 10.77.210
Right to adequate care and treatment—Records and reports.
(1) Any person involuntarily detained, hospitalized, or committed pursuant to the provisions of this chapter shall have the right to adequate care and individualized treatment. The person who has custody of the patient or is in charge of treatment shall keep records detailing all medical, expert, and professional care and treatment received by a committed person, and shall keep copies of all reports of periodic examinations of the patient that have been filed with the secretary pursuant to this chapter. Except as provided in RCW 10.77.205 and 4.24.550 regarding the release of information concerning insane offenders who are acquitted of sex offenses and subsequently committed pursuant to this chapter, and disclosures of health care information as authorized under chapter 70.02 RCW, all records and reports made pursuant to this chapter, shall be made available only upon request, to the committed person, to his or her attorney, to his or her personal physician, to the supervising community corrections officer, to the prosecuting attorney, to the court, to the protection and advocacy agency, or other expert or professional persons who, upon proper showing, demonstrates a need for access to such records. All records and reports made pursuant to this chapter shall also be made available, upon request, to the department of corrections or the indeterminate sentence review board if the person was on parole, probation, or community supervision at the time of detention, hospitalization, or commitment or the person is subsequently convicted for the crime for which he or she was detained, hospitalized, or committed pursuant to this chapter.
(2) All relevant records and reports as defined by the department in rule shall be made available, upon request, to criminal justice agencies as defined in RCW 10.97.030.
[ 2020 c 81 § 1; 1998 c 297 § 45; 1993 c 31 § 12; 1990 c 3 § 108; 1989 c 420 § 12; 1983 c 196 § 3; 1973 1st ex.s. c 117 § 21.]
NOTES:
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.2101 - Implementation of legislative intent.

RCW 10.77.2101
Implementation of legislative intent.
In developing rules under RCW 10.77.210(2), the department shall implement the following legislative intent: Increasing public safety; and making decisions based on a person's current conduct and mental condition rather than the classification of the charges.
[ 1998 c 297 § 46.]
NOTES:
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.220 - Incarceration in correctional institution or facility prohibited—Exceptions.

RCW 10.77.220
Incarceration in correctional institution or facility prohibited—Exceptions.
No person who is criminally insane confined pursuant to this chapter shall be incarcerated in a state correctional institution or facility. This section does not apply to confinement in a mental health facility located wholly within a correctional institution. Confinement of a person who is criminally insane in a county jail or other local facility while awaiting either placement in a treatment program or a court hearing pursuant to this chapter is permitted for no more than seven days.
[ 2015 1st sp.s. c 7 § 8; 1982 c 112 § 3; 1974 ex.s. c 198 § 17; 1973 1st ex.s. c 117 § 22.]
NOTES:
Finding—2015 1st sp.s. c 7: See note following RCW 10.77.075.
Effective dates—2015 1st sp.s. c 7: See note following RCW 10.77.075.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.230 - Appellate review.

RCW 10.77.230
Appellate review.
Either party may seek appellate review of the judgment of any hearing held pursuant to the provisions of this chapter.
[ 1988 c 202 § 16; 1974 ex.s. c 198 § 18; 1973 1st ex.s. c 117 § 23.]
NOTES:
Rules of court: Cf. RAP 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.240 - Existing rights not affected.

RCW 10.77.240
Existing rights not affected.
Nothing in this chapter shall prohibit a person presently committed from exercising a right presently available to him or her for obtaining release from confinement, including the right to petition for a writ of habeas corpus.
[ 1999 c 13 § 3; 1973 1st ex.s. c 117 § 24.]
NOTES:
Purpose—Construction—1999 c 13: See note following RCW 10.77.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.250 - Responsibility for costs—Reimbursement.

RCW 10.77.250
Responsibility for costs—Reimbursement.
(1) Within amounts appropriated, the department shall be responsible for all costs relating to the evaluation and inpatient treatment of persons committed to it pursuant to any provisions of this chapter, and the logistical and supportive services pertaining thereto except as otherwise provided by law. Reimbursement may be obtained by the department pursuant to RCW 43.20B.330.
(2) Within amounts appropriated, the authority shall be responsible for all costs relating to outpatient competency restoration programs.
(3) The office of public defense shall be responsible for costs of public defense services, including defense expert and professional services, for indigent persons acquitted by reason of insanity throughout the term of their commitment to state psychiatric care, including during any period of conditional release, until legal termination of commitment and final unconditional release.
[ 2023 c 120 § 14; 2022 c 288 § 6; 1987 c 75 § 1; 1985 c 245 § 1; 1973 1st ex.s. c 117 § 25.]
NOTES:
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Savings—1987 c 75: See RCW 43.20B.900.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.255 - Capital grants.

RCW 10.77.255
Capital grants.
(1) The department shall coordinate with cities, counties, hospitals, and other public and private entities to identify locations that may be commissioned or renovated for use in treating clients committed to the department for competency evaluation, competency restoration, civil conversion, or treatment following acquittal by reason of insanity.
(2) The department may provide capital grants to entities to accomplish the purposes described in subsection (1) of this section subject to provision of funding provided for this specific purpose.
[ 2023 c 453 § 19.]
NOTES:
Findings—2023 c 453: See note following RCW 10.77.060.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.260 - Violent act—Presumptions.

RCW 10.77.260
Violent act—Presumptions.
(1) In determining whether a defendant has committed a violent act the court must:
(a) Presume that a past conviction, guilty plea, or finding of not guilty by reason of insanity establishes the elements necessary for the crime charged;
(b) Consider that the elements of a crime may not be sufficient in themselves to establish that the defendant committed a violent act; and
(c) Presume that the facts underlying the elements, if unrebutted, are sufficient to establish that the defendant committed a violent act.
(2) The presumptions in subsection (1) of this section are rebuttable.
(3) In determining the facts underlying the elements of any crime under subsection (1) of this section, the court may consider information including, but not limited to, the following material relating to the crime:
(a) Affidavits or declarations made under penalty of perjury;
(b) Criminal history record information, as defined in chapter 10.97 RCW; and
(c) Its own or certified copies of another court's records such as criminal complaints, certifications of probable cause to detain, dockets, and orders on judgment and sentencing.
[ 2000 c 74 § 5.]
NOTES:
Severability—2000 c 74: See note following RCW 10.77.060.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.275 - Data collection.

RCW 10.77.275
Data collection.
The department shall collect data so that information can be retrieved based on unique individuals, their complete Washington criminal history and referrals for forensic services.
[ 2023 c 453 § 18.]
NOTES:
Findings—2023 c 453: See note following RCW 10.77.060.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.280 - Office of forensic mental health services.

RCW 10.77.280
Office of forensic mental health services.
(1) In order to prioritize goals of accuracy, prompt service to the court, quality assurance, and integration with other services, an office of forensic mental health services is established within the department of social and health services. The office shall be led by a director who shall have responsibility for the following functions:
(a) Coordination of all forensic evaluation services;
(b) Responsibility for assuring appropriate training of forensic evaluators;
(c) Development of a system to certify forensic evaluators, and to monitor the quality of forensic evaluation reports;
(d) Liaison with courts, jails, and community mental health programs to ensure the proper coordination of care, flow of information, and transition to community services, when applicable;
(e) Coordination with state hospitals to identify and develop best practice interventions and curricula for services relevant to forensic patients;
(f) Coordination with the authority, managed care organizations, behavioral health administrative services organizations, community behavioral health agencies, and the department of corrections regarding community treatment and monitoring of persons on conditional release;
(g) Participation in statewide forensic data collection, analysis, and appropriate dissemination of data trends;
(h) Provide data-based recommendations for system changes and improvements; and
(i) Oversight of the development, implementation, and maintenance of community forensic programs and services.
(2) The office of forensic mental health services must have a clearly delineated budget separate from the overall budget for state hospital services.
[ 2019 c 325 § 5033; 2015 1st sp.s. c 7 § 10.]
NOTES:
Effective date—2019 c 325: See note following RCW 71.24.011.
Finding—2015 1st sp.s. c 7: See note following RCW 10.77.075.
Effective dates—2015 1st sp.s. c 7: See note following RCW 10.77.075.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.290 - Secretary to adopt rules—2015 1st sp.s. c 7.

RCW 10.77.290
Secretary to adopt rules—2015 1st sp.s. c 7.
The secretary shall adopt rules as may be necessary to implement chapter 7, Laws of 2015 1st sp. sess.
[ 2015 1st sp.s. c 7 § 11.]
NOTES:
Finding—2015 1st sp.s. c 7: See note following RCW 10.77.075.
Effective dates—2015 1st sp.s. c 7: See note following RCW 10.77.075.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.300 - Immunity from liability—Detaining a person for medical clearance or treatment.

RCW 10.77.300
Immunity from liability—Detaining a person for medical clearance or treatment.
No officer of a public or private agency, nor the superintendent, professional person in charge, his or her professional designee, or attending staff of any such agency, nor any public official performing functions necessary to the administration of this chapter, nor peace officer responsible for detaining a person pursuant to this chapter, nor the state, a unit of local government, an evaluation and treatment facility, a secure withdrawal management and stabilization facility, or an approved substance use disorder treatment program shall be civilly or criminally liable for performing duties pursuant to this chapter with regard to the decision of whether to detain a person for medical clearance or treatment, provided that such duties were performed in good faith and without gross negligence.
[ 2022 c 288 § 7.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.310 - Health care authority contracts—Compensation of staff in outpatient competency restoration programs.

RCW 10.77.310
Health care authority contracts—Compensation of staff in outpatient competency restoration programs.
Subject to the availability of funds appropriated for this specific purpose, the health care authority shall require the programs it contracts with to increase compensation for staff in outpatient competency restoration programs to provide compensation at competitive levels to improve recruitment and allow for the full implementation of outpatient competency restoration programs.
[ 2023 c 453 § 15.]
NOTES:
Findings—2023 c 453: See note following RCW 10.77.060.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.320 - Clinical intervention specialists.

RCW 10.77.320
Clinical intervention specialists.
(1) Subject to the security and background investigation requirements of the jail, jails shall allow clinical intervention specialists to have access to individuals who are referred to receive services under this chapter and to all records relating to the health or conduct of the individual while incarcerated. Clinical intervention specialists shall support jail health services in providing direct services, enhanced oversight and monitoring of the behavioral health status of participating individuals. Clinical intervention specialists shall work collaboratively with jail health services to ensure appropriate prescriptions, medication compliance monitoring, and access to supportive behavioral health services to the individuals. Clinical intervention specialists shall coordinate with forensic navigators and the department to assist forensic navigators in making recommendations for appropriate placements, which may include recommendations for participation in an outpatient competency restoration program or a diversion program designed for the needs of the individual. The clinical intervention specialist shall notify the department if a participating individual appears to have stabilized in their behavioral health such that a new competency evaluation is appropriate to reassess the individual's need for competency restoration treatment.
(2) The department shall establish a memorandum of understanding and any contracts needed with the jail to address the terms and conditions of allowing access to defendants and their records subject to the requirements of this section.
[ 2023 c 453 § 17.]
NOTES:
Findings—2023 c 453: See note following RCW 10.77.060.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.940 - Equal application of 1989 c 420—Evaluation for developmental disability.

RCW 10.77.940
Equal application of 1989 c 420—Evaluation for developmental disability.
The provisions of chapter 420, Laws of 1989 shall apply equally to persons in the custody of the department on May 13, 1989, who were found by a court to be not guilty by reason of insanity or incompetent to stand trial, or who have been found to have committed acts constituting a felony pursuant to RCW 71.05.280(3) and present a substantial likelihood of repeating similar acts, and the secretary shall cause such persons to be evaluated to ascertain if such persons are developmentally disabled for placement in a program specifically reserved for the treatment and training of persons with developmental disabilities.
[ 1999 c 13 § 4; 1989 c 420 § 17.]
NOTES:
Purpose—Construction—1999 c 13: See note following RCW 10.77.010.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.77 - Criminally Insane—Procedures. › 10.77.950 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 10.77.950
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 26.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.015 - Other grounds for issuance of search warrant.

RCW 10.79.015
Other grounds for issuance of search warrant.
Any such magistrate, when satisfied that there is reasonable cause, may also, upon like complaint made on oath, issue search warrant in the following cases, to wit:
(1) To search for and seize any counterfeit or spurious coin, or forged instruments, or tools, machines or materials, prepared or provided for making either of them.
(2) To search for and seize any gaming apparatus used or kept, and to be used in any unlawful gaming house, or in any building, apartment or place, resorted to for the purpose of unlawful gaming.
(3) To search for and seize any evidence material to the investigation or prosecution of any homicide or any felony: PROVIDED, That if the evidence is sought to be secured from any radio or television station or from any regularly published newspaper, magazine or wire service, or from any employee of such station, wire service or publication, the evidence shall be secured only through a subpoena duces tecum unless: (a) There is probable cause to believe that the person or persons in possession of the evidence may be involved in the crime under investigation; or (b) there is probable cause to believe that the evidence sought to be seized will be destroyed or hidden if subpoena duces tecum procedures are followed. As used in this subsection, "person or persons" includes both natural and judicial persons.
(4) To search for and seize any instrument, apparatus or device used to obtain telephone or telegraph service in violation of RCW 9.26A.110 or 9.26A.115.
[ 2003 c 53 § 94; 1980 c 52 § 1; 1972 ex.s. c 75 § 2; 1969 c 83 § 1; 1949 c 86 § 1; Code 1881 § 986; 1873 p 216 § 154; 1854 p 101 § 2; Rem. Supp. 1949 § 2238. Formerly RCW 10.79.010, part.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.020 - To whom directed—Contents.

RCW 10.79.020
To whom directed—Contents.
All such warrants shall be directed to the sheriff of the county, or his or her deputy, or to any constable of the county, commanding such officer to search the house or place where the stolen property or other things for which he or she is required to search are believed to be concealed, which place and property, or things to be searched for shall be designated and described in the warrant, and to bring such stolen property or other things, when found, and the person in whose possession the same shall be found, before the magistrate who shall issue the warrant, or before some other magistrate or court having cognizance of the case.
[ 2010 c 8 § 1061; Code 1881 § 969; 1873 p 216 § 155; 1854 p 101 § 3; RRS § 2239.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.035 - Issuance of search warrants by magistrates.

RCW 10.79.035
Issuance of search warrants by magistrates.
(1) Any magistrate as defined by RCW 2.20.010, when satisfied that there is probable cause, may[,] upon application supported by oath or affirmation, issue a search warrant to search for and seize any: (a) Evidence of a crime; (b) contraband, the fruits of crime, or things otherwise criminally possessed; (c) weapons or other things by means of which a crime has been committed or reasonably appears about to be committed; or (d) person for whose arrest there is probable cause or who is unlawfully restrained.
(2) The application may be provided or transmitted to the magistrate by telephone, email, or any other reliable method.
(3) If the magistrate finds that probable cause for the issuance of a warrant exists, the magistrate must issue a warrant or direct an individual whom the magistrate authorizes to affix the magistrate's signature to a warrant identifying the property or person and naming or describing the person, place, or thing to be searched. The magistrate may communicate permission to affix the magistrate's signature to the warrant by telephone, email, or any other reliable method.
(4) The evidence in support of the finding of probable cause and a record of the magistrate's permission to affix the magistrate's signature to the warrant shall be preserved and shall be filed with the issuing court as required by CrRLJ 2.3 or CrR 2.3.
[ 2014 c 93 § 3.]
NOTES:
Finding—Intent—2014 c 93: See note following RCW 2.20.030.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.040 - Search without warrant unlawful—Penalty.

RCW 10.79.040
Search without warrant unlawful—Penalty.
(1) It shall be unlawful for any police officer or other peace officer to enter and search any private dwelling house or place of residence without the authority of a search warrant issued upon a complaint as by law provided.
(2) Any police officer or other peace officer violating the provisions of this section is guilty of a gross misdemeanor.
[ 2010 c 8 § 1062; 2003 c 53 § 95; 1921 c 71 § 1; RRS § 2240-1. FORMER PART OF SECTION: 1921 c 71 § 2; RRS § 2240-2, now codified as RCW 10.79.045.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.050 - Restoration of stolen property to owner—Duties of officers.

RCW 10.79.050
Restoration of stolen property to owner—Duties of officers.
All property obtained by larceny, robbery or burglary, shall be restored to the owner; and no sale, whether in good faith on the part of the purchaser or not, shall divest the owner of his or her rights to such property; and it shall be the duty of the officer who shall arrest any person charged as principal or accessory in any robbery or larceny, to secure the property alleged to have been stolen, and he or she shall be answerable for the same, and shall annex a schedule thereof to his or her return of the warrant.
[ 2010 c 8 § 1063; Code 1881 § 851; 1873 p 192 § 57; 1854 p 84 § 51; RRS § 2129.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.060 - Strip, body cavity searches—Legislative intent.

RCW 10.79.060
Strip, body cavity searches—Legislative intent.
It is the intent of the legislature to establish policies regarding the practice of strip searching persons booked into holding, detention, or local correctional facilities. It is the intent of the legislature to restrict the practice of strip searching and body cavity searching persons booked into holding, detention, or local correctional facilities to those situations where such searches are necessary.
[ 1983 1st ex.s. c 42 § 1.]
NOTES:
Effective date—1983 1st ex.s. c 42: "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, 1983." [ 1983 1st ex.s. c 42 § 10.]
Severability—1983 1st ex.s. c 42: "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." [ 1983 1st ex.s. c 42 § 9.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.070 - Strip, body cavity searches—Definitions.

RCW 10.79.070
Strip, body cavity searches—Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 10.79.060 through 10.79.110.
(1) "Strip search" means having a person remove or arrange some or all of his or her clothing so as to permit an inspection of the genitals, buttocks, anus, or undergarments of the person or breasts of a female person.
(2) "Body cavity search" means the touching or probing of a person's body cavity, whether or not there is actual penetration of the body cavity.
(3) "Body cavity" means the stomach or rectum of a person and the vagina of a female person.
(4) "Law enforcement agency" and "law enforcement officer" include local departments of corrections created pursuant to *RCW 70.48.090(3) and employees thereof.
[ 1983 1st ex.s. c 42 § 2.]
NOTES:
*Reviser's note: RCW 70.48.090 was amended by 2007 c 13 § 1, changing subsection (3) to subsection (4).
Effective date—Severability—1983 1st ex.s. c 42: See notes following RCW 10.79.060.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.080 - Strip, body cavity searches—Warrant, authorization, report.

RCW 10.79.080
Strip, body cavity searches—Warrant, authorization, report.
(1) No person may be subjected to a body cavity search by or at the direction of a law enforcement agency unless a search warrant is issued pursuant to superior court criminal rules.
(2) No law enforcement officer may seek a warrant for a body cavity search without first obtaining specific authorization for the body cavity search from the ranking shift supervisor of the law enforcement authority. Authorization for the body cavity search may be obtained electronically.
(3) Before any body cavity search is authorized or conducted, a thorough pat-down search, a thorough electronic metal-detector search, and a thorough clothing search, where appropriate, must be used to search for and seize any evidence of a crime, contraband, fruits of crime, things otherwise criminally possessed, weapons, or other things by means of which a crime has been committed or reasonably appears about to be committed. No body cavity search shall be authorized or conducted unless these other methods do not satisfy the safety, security, or evidentiary concerns of the law enforcement agency.
(4) A law enforcement officer requesting a body cavity search shall prepare and sign a report regarding the body cavity search. The report shall include:
(a) A copy of the written authorization required under subsection (2) of this section;
(b) A copy of the warrant and any supporting documents required under subsection (1) of this section;
(c) The name and sex of all persons conducting or observing the search;
(d) The time, date, place, and description of the search; and
(e) A statement of the results of the search and a list of any items removed from the person as a result of the search.
The report shall be retained as part of the law enforcement agency's records.
[ 2020 c 57 § 25; 1983 1st ex.s. c 42 § 3.]
NOTES:
Effective date—Severability—1983 1st ex.s. c 42: See notes following RCW 10.79.060.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.090 - Strip, body cavity searches—Medical care not precluded.

RCW 10.79.090
Strip, body cavity searches—Medical care not precluded.
Nothing in RCW 10.79.080 or this section may be construed as precluding or preventing the administration of medical care to persons requiring immediate medical care or requesting medical care.
[ 1983 1st ex.s. c 42 § 4.]
NOTES:
Effective date—Severability—1983 1st ex.s. c 42: See notes following RCW 10.79.060.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.100 - Strip, body cavity searches—Standards for conducting.

RCW 10.79.100
Strip, body cavity searches—Standards for conducting.
(1) Persons conducting a strip search shall not touch the person being searched except as reasonably necessary to effectuate the strip search of the person.
(2) Any body cavity search must be performed under sanitary conditions and conducted by a physician, registered nurse, or physician's assistant, licensed to practice in this state, who is trained in the proper medical process and the potential health problems associated with a body cavity search. No health professional authorized by this subsection to conduct a body cavity search shall be held liable in any civil action if the search is conducted in a manner that meets the standards and requirements of RCW 4.24.290 and 7.70.040.
(3) Except as provided in subsection (7) of this section, a strip search or body cavity search, as well as presearch undressing or postsearch dressing, shall occur at a location made private from the observation of persons not physically conducting the search. A strip search or body cavity search shall be performed or observed only by persons of the same sex as the person being searched, except for licensed medical professionals as required by subsection (2) of this section.
(4) Except as provided in subsection (5) of this section, no person may be present or observe during the search unless the person is necessary to conduct the search or to ensure the safety of those persons conducting the search.
(5) Nothing in this section prohibits a person upon whom a body cavity search is to be performed from having a readily available person of his or her choosing present at the time the search is conducted. However, the person chosen shall not be a person being held in custody by a law enforcement agency.
(6) RCW 10.79.080 and this section shall not be interpreted as expanding or diminishing the authority of a law enforcement officer with respect to searches incident to arrest or investigatory stop in public.
(7) A strip search of a person housed in a holding, detention, or local correctional facility to search for and seize a weapon may be conducted at other than a private location if there arises a specific threat to institutional security that reasonably requires such a search or if all persons in the facility are being searched for the discovery of weapons or contraband.
[ 1983 1st ex.s. c 42 § 5.]
NOTES:
Effective date—Severability—1983 1st ex.s. c 42: See notes following RCW 10.79.060.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.110 - Strip, body cavity searches—Actions for damages, injunctive relief.

RCW 10.79.110
Strip, body cavity searches—Actions for damages, injunctive relief.
(1) A person who suffers damage or harm as a result of a violation of RCW 10.79.080, 10.79.090, 10.79.100, or 10.79.130 through 10.79.170 may bring a civil action to recover actual damages sustained by him or her. The court may, in its discretion, award injunctive and declaratory relief as it deems necessary.
(2) RCW 10.79.080, 10.79.090, 10.79.100, and 10.79.130 through 10.79.170 shall not be construed as limiting any constitutional, common law, or statutory right of any person regarding any action for damages or injunctive relief, or as precluding the prosecution under another provision of law of any law enforcement officer or other person who has violated RCW 10.79.080, 10.79.090, 10.79.100, or 10.79.130 through 10.79.170.
[ 1986 c 88 § 7; 1983 1st ex.s. c 42 § 6.]
NOTES:
Effective date—Severability—1983 1st ex.s. c 42: See notes following RCW 10.79.060.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.120 - Strip, body cavity searches—Application of RCW 10.79.130 through 10.79.160.

RCW 10.79.120
Strip, body cavity searches—Application of RCW 10.79.130 through 10.79.160.
RCW 10.79.130 through 10.79.160 apply to any person in custody at a holding, detention, or local correctional facility, other than a person committed to incarceration by order of a court, regardless of whether an arrest warrant or other court order was issued before the person was arrested or otherwise taken into custody unless the court issuing the warrant has determined that the person shall not be released on personal recognizance, bail, or bond. RCW 10.79.130 through 10.79.160 do not apply to a person held for post-conviction incarceration for a criminal offense. The definitions and remedies provided by RCW 10.79.070 and 10.79.110 apply to RCW 10.79.130 through 10.79.160.
[ 1986 c 88 § 1.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.130 - Strip, body cavity searches—Warrant required—Exceptions.

RCW 10.79.130
Strip, body cavity searches—Warrant required—Exceptions.
(1) No person to whom this section is made applicable by RCW 10.79.120 may be strip searched without a warrant unless:
(a) There is a reasonable suspicion to believe that a strip search is necessary to discover weapons, criminal evidence, contraband, or other thing concealed on the body of the person to be searched, that constitutes a threat to the security of a holding, detention, or local correctional facility;
(b) There is probable cause to believe that a strip search is necessary to discover other criminal evidence concealed on the body of the person to be searched, but not constituting a threat to facility security; or
(c) There is a reasonable suspicion to believe that a strip search is necessary to discover a health condition requiring immediate medical attention.
(2) For the purposes of subsection (1) of this section, a reasonable suspicion is deemed to be present when the person to be searched has been arrested for:
(a) A violent offense as defined in RCW 9.94A.030 or any successor statute;
(b) An offense involving escape, burglary, or the use of a deadly weapon; or
(c) An offense involving possession of a drug or controlled substance under chapter 69.41, 69.50, or 69.52 RCW or any successor statute.
[ 1986 c 88 § 2.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.140 - Strip, body cavity searches—Uncategorized searches—Determination of reasonable suspicion, probable cause—Less-intrusive alternatives.

RCW 10.79.140
Strip, body cavity searches—Uncategorized searches—Determination of reasonable suspicion, probable cause—Less-intrusive alternatives.
(1) A person to whom this section is made applicable by RCW 10.79.120 who has not been arrested for an offense within one of the categories specified in RCW 10.79.130(2) may nevertheless be strip searched, but only upon an individualized determination of reasonable suspicion or probable cause as provided in this section.
(2) With the exception of those situations in which reasonable suspicion is deemed to be present under RCW 10.79.130(2), no strip search may be conducted without the specific prior written approval of the jail unit supervisor on duty. Before any strip search is conducted, reasonable efforts must be made to use other less-intrusive means, such as pat-down, electronic metal detector, or clothing searches, to determine whether a weapon, criminal evidence, contraband, or other thing is concealed on the body, or whether a health condition requiring immediate medical attention is present. The determination of whether reasonable suspicion or probable cause exists to conduct a strip search shall be made only after such less-intrusive means have been used and shall be based on a consideration of all information and circumstances known to the officer authorizing the strip search, including but not limited to the following factors:
(a) The nature of the offense for which the person to be searched was arrested;
(b) The prior criminal record of the person to be searched; and
(c) Physically violent behavior of the person to be searched, during or after the arrest.
[ 1986 c 88 § 3.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.150 - Strip, body cavity searches—Written record required, contents—Unnecessary persons prohibited.

RCW 10.79.150
Strip, body cavity searches—Written record required, contents—Unnecessary persons prohibited.
(1) A written record of any strip search shall be maintained in the individual file of each person strip searched.
(2) With respect to any strip search conducted under RCW 10.79.140, the record shall contain the following information:
(a) The name of the supervisor authorizing the strip search;
(b) The specific facts constituting reasonable suspicion to believe that the strip search was necessary;
(c) The name and serial number of the officer conducting the strip search and of all other persons present or observing during any part of the strip search;
(d) The time, date, and place of the strip search; and
(e) Any weapons, criminal evidence, contraband, or other thing, or health condition discovered as a result of the strip search.
(3) With respect to any strip search conducted under RCW 10.79.130(2), the record shall contain, in addition to the offense or offenses for which the person searched was arrested, the information required by subsection (2)(c), (d), and (e) of this section.
(4) The record may be included or incorporated in existing forms used by the facility, including the booking form required under the Washington Administrative Code. A notation of the name of the person strip searched shall also be entered in the log of daily activities or other chronological record, if any, maintained pursuant to the Washington Administrative Code.
(5) Except at the request of the person to be searched, no person may be present or observe during the strip search unless necessary to conduct the search.
[ 1986 c 88 § 4.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.160 - Strip, body cavity searches—Physical examinations for public health purposes excluded.

RCW 10.79.160
Strip, body cavity searches—Physical examinations for public health purposes excluded.
Physical examinations conducted by licensed medical professionals solely for public health purposes under separate statutory authority shall not be considered searches for purposes of RCW 10.79.120, 10.79.130, and 10.79.140.
[ 1986 c 88 § 5.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.79 - Searches and Seizures. › 10.79.170 - Strip, body cavity searches—Nonliability when search delayed.

RCW 10.79.170
Strip, body cavity searches—Nonliability when search delayed.
No governmental entity and no employee or contracting agent of a governmental entity shall be liable for injury, death, or damage caused by a person in custody when the injury, death, or damage is caused by or made possible by contraband that would have been discovered sooner but for the delay caused by having to seek a search warrant under RCW 10.79.080 or 10.79.130 through 10.79.160.
[ 1986 c 88 § 6.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.82 - Collection and Disposition of Fines and Costs. › 10.82.010 - Execution for fines and costs.

RCW 10.82.010
Execution for fines and costs.
Upon a judgment for fine and costs, and for all adjudged costs, execution shall be issued against the property of the defendant, and returned in the same manner as in civil actions.
[Code 1881 § 1120; 1873 p 242 § 278; 1854 p 123 § 142; RRS § 2201.]
NOTES:
Judgments a lien on realty: RCW 10.64.080.
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.82 - Collection and Disposition of Fines and Costs. › 10.82.020 - Stay of execution for sixty days on recognizance.

RCW 10.82.020
Stay of execution for sixty days on recognizance.
Every defendant against whom a judgment has been rendered for fine and costs, may stay the execution for the fine assessed and costs for sixty days from the rendition of the judgment, by procuring one or more sufficient sureties, to enter into a recognizance in open court, acknowledging themselves to be bail for such fine and costs.
[Code 1881 § 1123; 1873 p 242 § 281; 1854 p 124 § 145; RRS § 2204. FORMER PART OF SECTION: Code 1881 § 1124; 1873 p 243 § 282; 1854 p 124 § 146; RRS § 2205, now codified as RCW 10.82.025.]
2023 Revised Code of Washington › Title 10 - Criminal Procedure › Chapter 10.82 - Collection and Disposition of Fines and Costs. › 10.82.025 - Effect of recognizance—Execution of judgment after sixty days.

RCW 10.82.025
Effect of recognizance—Execution of judgment after sixty days.
Such sureties shall be approved by the clerk, and the entry of the recognizance shall be written immediately following the judgment, and signed by the bail, and shall have the same effect as a judgment, and if the fine or costs be not paid at the expiration of the sixty days, a joint execution shall issue against the defendant and the bail, and an execution against the body of the defendant, who shall be committed to jail, to be released as provided in *this act, in committal for default to pay or secure the fine and costs.
[Code 1881 § 1124; 1873 p 243 § 282; 1854 p 124 § 146; RRS § 2205. Formerly RCW 10.82.020, part.]
NOTES:
*Reviser's note: The term "this act" apparently refers to "An act to regulate the practice and pleadings in prosecutions for crimes" first enacted by Laws of 1854, page 100.