reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.838 - Special allegation—Victim had diminished capacity—Procedures.

RCW 9.94A.838
Special allegation—Victim had diminished capacity—Procedures.
(1) In a prosecution for rape in the first degree, rape in the second degree with forcible compulsion, indecent liberties with forcible compulsion, or kidnapping in the first degree with sexual motivation, the prosecuting attorney shall file a special allegation that the victim of the offense was, at the time of the offense, a person with a developmental disability or a mental disorder or a frail elder or vulnerable adult, whenever sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding by a reasonable and objective fact finder that the victim was, at the time of the offense, a person with a developmental disability or a mental disorder or a frail elder or vulnerable adult, unless the prosecuting attorney determines, after consulting with a victim, that filing a special allegation under this section is likely to interfere with the ability to obtain a conviction.
(2) Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the victim was, at the time of the offense, a person with a developmental disability or a mental disorder or a frail elder or vulnerable adult. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the victim was, at the time of the offense, a person with a developmental disability or a mental disorder or a frail elder or vulnerable adult. If no jury is had, the court shall make a finding of fact as to whether the victim was, at the time of the offense, a person with a developmental disability or a mental disorder or a frail elder or vulnerable adult.
(3) The prosecuting attorney shall not withdraw a special allegation filed under this section without the approval of the court through an order of dismissal of the allegation. The court may not dismiss the special allegation unless it finds that the order is necessary to correct an error in the initial charging decision or that there are evidentiary problems that make proving the special allegation doubtful.
(4) For purposes of this section, "person with a developmental disability," "person with a mental disorder," and "frail elder or vulnerable adult" have the same meaning as in RCW 9A.44.010.
[ 2023 c 470 § 3010; 2006 c 122 § 3.]
NOTES:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective date—2006 c 122 §§ 1-4 and 6: See note following RCW 9.94A.836.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.839 - Special allegation—Sexual conduct with victim in return for a fee—Procedures.

RCW 9.94A.839
Special allegation—Sexual conduct with victim in return for a fee—Procedures.
(1) In a prosecution for a violation of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, or an anticipatory offense for a violation of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, committed on or after July 22, 2007, the prosecuting attorney may file a special allegation that the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in return for a fee, when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding by a reasonable and objective fact finder that the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in return for a fee.
(2) Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in return for a fee. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in exchange for a fee. If no jury is had, the court shall make a finding of fact as to whether the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in exchange for a fee.
(3) For purposes of this section, "sexual conduct" means sexual intercourse or sexual contact as defined in chapter 9A.44 RCW.
[ 2007 c 368 § 10.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.840 - Sex offenders—Release from total confinement—Notification of prosecutor.

RCW 9.94A.840
Sex offenders—Release from total confinement—Notification of prosecutor.
(1)(a) When it appears that a person who has been convicted of a sexually violent offense may meet the criteria of a sexually violent predator as defined in *RCW 71.09.020(1), the agency with jurisdiction over the person shall refer the person in writing to the prosecuting attorney of the county where that person was convicted, three months prior to the anticipated release from total confinement.
(b) The agency shall inform the prosecutor of the following:
(i) The person's name, identifying factors, anticipated future residence, and offense history; and
(ii) Documentation of institutional adjustment and any treatment received.
(2) This section applies to acts committed before, on, or after March 26, 1992.
(3) The agency with jurisdiction, its employees, and officials shall be immune from liability for any good-faith conduct under this section.
(4) As used in this section, "agency with jurisdiction" means that agency with the authority to direct the release of a person serving a sentence or term of confinement and includes the department of corrections, the indeterminate sentence review board, and the department of social and health services.
[ 1992 c 45 § 1; 1990 c 3 § 122. Formerly RCW 9.94A.151.]
NOTES:
*Reviser's note: RCW 71.09.020 was amended by 2001 2nd sp.s. c 12 § 102, changing subsection (1) to subsection (12). RCW 71.09.020 was subsequently amended by 2002 c 58 § 2, changing subsection (12) to subsection (16). RCW 71.09.020 was subsequently amended by 2009 c 409 § 1, changing subsection (16) to subsection (18). RCW 71.09.020 was subsequently amended by 2021 c 236 § 2, changing subsection (18) to subsection (19).
Severability—1992 c 45: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1992 c 45 § 8.]
Application—1992 c 45: "This act applies to sex offenses committed on, before, or after March 26, 1992." [ 1992 c 45 § 10.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.843 - Sex offenders—Release of information—Immunity.

RCW 9.94A.843
Sex offenders—Release of information—Immunity.
The department, its employees, and officials, shall be immune from liability for release of information regarding sex offenders that complies with RCW 4.24.550.
[ 1990 c 3 § 123. Formerly RCW 9.94A.152.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.844 - Sex offenders—Discretionary decisions—Immunity.

RCW 9.94A.844
Sex offenders—Discretionary decisions—Immunity.
Law enforcement agencies and the department of corrections are immune from civil liability for damages from discretionary decisions made under chapter 436, Laws of 2005 if they make a good faith effort to comply with chapter 436, Laws of 2005.
[ 2005 c 436 § 5.]
NOTES:
Reviser's note: 2005 c 436 § 6 (an expiration date section) was repealed by 2006 c 131 § 2.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.846 - Sex offenders—Release of information.

RCW 9.94A.846
Sex offenders—Release of information.
In addition to any other information required to be released under other provisions of this chapter, the department may, pursuant to RCW 4.24.550, release information concerning convicted sex offenders confined to the department of corrections.
[ 1990 c 3 § 124. Formerly RCW 9.94A.153.]
NOTES:
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.865 - Standard sentence ranges—Revisions or modifications—Submission to legislature.

RCW 9.94A.865
Standard sentence ranges—Revisions or modifications—Submission to legislature.
Revisions or modifications of standard sentence ranges or other standards, together with any additional list of standard sentence ranges, shall be submitted to the legislature at least every two years.
[ 1986 c 257 § 19; 1981 c 137 § 7. Formerly RCW 9.94A.070.]
NOTES:
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW 9.94A.030.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.8673 - Sex offender policy board—Membership—Expenses and compensation.

RCW 9.94A.8673
Sex offender policy board—Membership—Expenses and compensation.
(1) Within funds appropriated for this purpose, the sentencing guidelines commission shall establish and maintain a sex offender policy board.
(2)(a) The board shall serve to advise the governor and the legislature as necessary on issues relating to sex offender management.
(b) At such times as the governor or a legislative committee of jurisdiction may request, the sex offender policy board may be convened to:
(i) Undertake projects to assist policymakers in making informed judgments about issues relating to sex offender policy; and
(ii) Conduct case reviews of sex offense incidents to understand performance of Washington's sex offender prevention and response systems.
(3) The sex offender policy board shall consist of thirteen voting members. Unless the member is specifically named in this section, the following organizations shall designate a person to sit on the board. The voting membership shall consist of the following:
(a) A representative of the Washington association of sheriffs and police chiefs;
(b) A representative of the Washington association of prosecuting attorneys;
(c) A representative of the Washington association of criminal defense lawyers;
(d) The chair of the indeterminate sentence review board or his or her designee;
(e) A representative of the Washington association for the treatment of sex abusers;
(f) The secretary of the department of corrections or his or her designee;
(g) A representative of the Washington state superior court judges' association;
(h) The assistant secretary of the juvenile rehabilitation administration or his or her designee;
(i) The office of crime victims advocacy in the department of commerce;
(j) A representative of the Washington state association of counties;
(k) A representative of the association of Washington cities;
(l) A representative of the Washington association of sexual assault programs; and
(m) The director of the special commitment center or his or her designee.
(4) The board shall choose its chair by majority vote from among its voting membership. The chair's term shall be two years.
(5) As appropriate, the board shall consult with the criminal justice division in the attorney general's office and the Washington institute for public policy.
(6) Members of the board shall receive no compensation but may be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
[ 2011 1st sp.s. c 40 § 37; 2008 c 249 § 3.]
NOTES:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Captions not law—2008 c 249: "Captions used in this act are not any part of the law." [ 2008 c 249 § 12.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.870 - Emergency due to inmate population exceeding correctional facility capacity.

RCW 9.94A.870
Emergency due to inmate population exceeding correctional facility capacity.
If the governor finds that an emergency exists in that the population of a state residential correctional facility exceeds its reasonable, maximum capacity, then the governor may do any one or more of the following:
(1) Call the sentencing guidelines commission into an emergency meeting for the purpose of evaluating the standard ranges and other standards. The commission may adopt any revision or amendment to the standard ranges or other standards that it believes appropriate to deal with the emergency situation. The revision or amendment shall be adopted in conformity with chapter 34.05 RCW and shall take effect on the date prescribed by the commission. The legislature shall approve or modify the commission's revision or amendment at the next legislative session after the revision or amendment takes effect. Failure of the legislature to act shall be deemed as approval of the revision or amendment;
(2) Call the clemency and pardons board into an emergency meeting for the purpose of recommending whether the governor's commutation or pardon power should be exercised to meet the present emergency.
[ 1999 c 143 § 13; 1984 c 246 § 1; 1983 c 163 § 4; 1981 c 137 § 16. Formerly RCW 9.94A.160.]
NOTES:
Severability—1984 c 246: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1984 c 246 § 12.]
Effective date—1983 c 163: See note following RCW 9.94A.505.
Effective date—1981 c 137: See RCW 9.94A.905.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.875 - Emergency in county jails population exceeding capacity.

RCW 9.94A.875
Emergency in county jails population exceeding capacity.
If the governor finds that an emergency exists in that the populations of county jails exceed their reasonable, maximum capacity in a significant manner as a result of increases in the sentenced felon population due to implementation of chapter 9.94A RCW, the governor may do any one or more of the following:
(1) Call the sentencing guidelines commission into an emergency meeting for the purpose of evaluating the standard ranges and other standards. The commission may adopt any revision or amendment to the standard ranges or other standards that it believes appropriate to deal with the emergency situation. The revision or amendment shall be adopted in conformity with chapter 34.05 RCW and shall take effect on the date prescribed by the commission. The legislature shall approve or modify the commission's revision or amendment at the next legislative session after the revision or amendment takes effect. Failure of the legislature to act shall be deemed as approval of the revision or amendment. The commission shall also analyze how alternatives to total confinement are being provided and used and may recommend other emergency measures that may relieve the overcrowding.
(2) Call the clemency and pardons board into an emergency meeting for the purpose of recommending whether the governor's commutation or pardon power should be exercised to meet the present emergency.
[ 1984 c 209 § 9. Formerly RCW 9.94A.165.]
NOTES:
Effective dates—1984 c 209: See note following RCW 9.94A.030.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.880 - Clemency and pardons board—Membership—Terms—Chair—Bylaws—Travel expenses—Staff.

RCW 9.94A.880
Clemency and pardons board—Membership—Terms—Chair—Bylaws—Travel expenses—Staff.
(1) The clemency and pardons board is established as a board within the office of the governor. The board consists of five members appointed by the governor, subject to confirmation by the senate.
(2) Members of the board shall serve terms of four years and until their successors are appointed and confirmed. However, the governor shall stagger the terms by appointing one of the initial members for a term of one year, one for a term of two years, one for a term of three years, and two for terms of four years.
(3) The board shall elect a chair from among its members and shall adopt bylaws governing the operation of the board.
(4) Members of the board shall receive no compensation but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
(5) The attorney general shall provide a staff as needed for the operation of the board.
[ 2011 c 336 § 335; 1981 c 137 § 25. Formerly RCW 9.94A.250.]
NOTES:
Effective date—1981 c 137: See RCW 9.94A.905.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.890 - Abused victim—Resentencing for murder of abuser.

RCW 9.94A.890
Abused victim—Resentencing for murder of abuser.
(1) The sentencing court or the court's successor shall consider recommendations from the indeterminate sentence review board for resentencing offenders convicted of murder if the indeterminate sentence review board advises the court of the following:
(a) The offender was convicted for a murder committed prior to July 23, 1989;
(b) RCW 9.94A.535(1)(h), if effective when the offender committed the crime, would have provided a basis for the offender to seek a mitigated sentence; and
(c) Upon review of the sentence, the indeterminate sentence review board believes that the sentencing court, when originally sentencing the offender for the murder, did not consider evidence that the victim subjected the offender or the offender's children to a continuing pattern of sexual or physical abuse and the murder was in response to that abuse.
(2) The court may resentence the offender in light of RCW 9.94A.535(1)(h) and impose an exceptional mitigating sentence pursuant to that provision. Prior to resentencing, the court shall consider any other recommendation and evidence concerning the issue of whether the offender committed the crime in response to abuse.
(3) The court shall render its decision regarding reducing the inmate's sentence no later than six months after receipt of the indeterminate sentence review board's recommendation to reduce the sentence imposed.
[ 2000 c 28 § 42; 1993 c 144 § 5. Formerly RCW 9.94A.395.]
NOTES:
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
Effective date—1993 c 144: See note following RCW 9.95.045.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.905 - Effective date of RCW 9.94A.080 through 9.94A.130, 9.94A.150 through 9.94A.230, 9.94A.250, 9.94A.260—Sentences apply to felonies committed after June 30, 1984.

RCW 9.94A.905
Effective date of *RCW 9.94A.080 through 9.94A.130, 9.94A.150 through 9.94A.230, 9.94A.250, 9.94A.260—Sentences apply to felonies committed after June 30, 1984.
*RCW 9.94A.080 through 9.94A.130, 9.94A.150 through 9.94A.230, and 9.94A.250 and 9.94A.260 shall take effect on July 1, 1984. The sentences required under this chapter shall be prescribed in each sentence which occurs for a felony committed after June 30, 1984.
[ 1981 c 137 § 28.]
NOTES:
*Reviser's note: The majority of chapter 9.94A RCW was recodified by 2001 c 10 § 6. See Comparative Table for chapter 9.94A RCW in the Table of Disposition of Former RCW Sections.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.921 - Effective date—2000 c 28.

RCW 9.94A.921
Effective date—2000 c 28.
Sections 1 through 42 of this act take effect July 1, 2001.
[ 2000 c 28 § 46.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.923 - Nonentitlement.

RCW 9.94A.923
Nonentitlement.
Nothing in chapter 290, Laws of 2002 creates an entitlement for a criminal defendant to any specific sanction, alternative, sentence option, or substance abuse treatment.
[ 2002 c 290 § 26.]
NOTES:
Effective date—2002 c 290 §§ 1, 4-6, 12, 13, 26, and 27: See note following RCW 71.24.580.
Intent—2002 c 290: See note following RCW 9.94A.517.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.925 - Application—2003 c 379 §§ 13-27.

RCW 9.94A.925
Application—2003 c 379 §§ 13-27.
The provisions of sections 13 through 27, chapter 379, Laws of 2003 apply to all offenders currently, or in the future, subject to sentences with unsatisfied legal financial obligations. The provisions of sections 13 through 27, chapter 379, Laws of 2003 do not change the amount of any legal financial obligation or the maximum term for which any offender is, or may be, under the jurisdiction of the court for collection of legal financial obligations.
[ 2003 c 379 § 24.]
NOTES:
Severability—Effective dates—2003 c 379: See notes following RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW 9.94A.760.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.926 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 9.94A.926
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 21.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.930 - Recodification.

RCW 9.94A.930
Recodification.
The code reviser shall recodify sections within chapter 9.94A RCW, and correct any cross-references to any such recodified sections, as necessary to simplify the organization of chapter 9.94A RCW.
[ 2001 c 10 § 6.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94B - Sentencing—Crimes Committed Prior to July 1, 2000. › 9.94B.010 - Application of chapter.

RCW 9.94B.010
Application of chapter.
(1) This chapter codifies sentencing provisions that may be applicable to sentences for crimes committed prior to July 1, 2000.
(2) This chapter supplements chapter 9.94A RCW and should be read in conjunction with that chapter.
[ 2008 c 231 § 51.]
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.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94B - Sentencing—Crimes Committed Prior to July 1, 2000. › 9.94B.020 - Definitions.

RCW 9.94B.020
Definitions.
In addition to the definitions set out in RCW 9.94A.030, the following definitions apply for purposes of this chapter:
(1) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.
(2) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW * 16.52.200(6) or 46.61.524. Where the court finds that any offender has a chemical dependency that has contributed to his or her offense, the conditions of supervision may, subject to available resources, include treatment. For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.
(3) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.
[ 2008 c 231 § 52.]
NOTES:
*Reviser's note: RCW 16.52.200 was amended by 2009 c 287 § 3, changing subsection (6) to subsection (7). RCW 16.52.200 was subsequently amended by 2011 c 172 § 4, changing subsection (7) to subsection (9).
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94B - Sentencing—Crimes Committed Prior to July 1, 2000. › 9.94B.030 - Postrelease supervision—Violations—Expenses.

RCW 9.94B.030
Postrelease supervision—Violations—Expenses.
If the offender violates any condition of postrelease supervision, a hearing may be conducted in the same manner as provided in RCW 9.94B.040. Jurisdiction shall be with the court of the county in which the offender was sentenced. However, the court may order a change of venue to the offender's county of residence or where the violation occurred, for the purpose of holding a violation hearing.
After the hearing, the court may order the offender to be confined for up to sixty days per violation in the county jail. Reimbursement to a city or county for the care of offenders who are detained solely for violating a condition of postrelease supervision shall be under RCW 70.48.440. A county shall be reimbursed for indigent defense costs for offenders who are detained solely for violating a condition of postrelease supervision in accordance with regulations to be promulgated by the office of financial management. An offender may be held in jail at state expense pending the hearing, and any time served while awaiting the hearing shall be credited against confinement imposed for a violation. The court shall retain jurisdiction for the purpose of holding the violation hearing and imposing a sanction.
[ 2009 c 28 § 18; 1988 c 153 § 8. Formerly RCW 9.94A.628, 9.94A.175.]
NOTES:
Effective date—2009 c 28: See note following RCW 2.24.040.
Effective date—Application of increased sanctions—1988 c 153: See notes following RCW 9.94A.030.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94B - Sentencing—Crimes Committed Prior to July 1, 2000. › 9.94B.060 - Community placement for specified offenders.

RCW 9.94B.060
Community placement for specified offenders.
Except for persons sentenced under RCW 9.94B.050(2) or 9.94B.070, when a court sentences a person to a term of total confinement to the custody of the department for a violent offense, any crime against persons under RCW 9.94A.411(2), or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under RCW 9.94A.660, committed on or after July 25, 1999, but before July 1, 2000, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with *RCW 9.94A.728 (1) and (2). When the court sentences the offender under this section to the statutory maximum period of confinement, then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with *RCW 9.94A.728 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Except as provided in RCW 9.94A.501, the department shall supervise any sentence of community placement or community custody imposed under this section.
[ 2009 c 28 § 19; 2003 c 379 § 5; 2000 c 28 § 23. Formerly RCW 9.94A.705.]
NOTES:
*Reviser's note: RCW 9.94A.728 was amended by 2009 c 455 § 2, deleting subsections (1) and (2).
Effective date—2009 c 28: See note following RCW 2.24.040.
Severability—Effective dates—2003 c 379: See notes following RCW 9.94A.728.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94B - Sentencing—Crimes Committed Prior to July 1, 2000. › 9.94B.070 - Community custody for sex offenders.

RCW 9.94B.070
Community custody for sex offenders.
(1) When a court sentences a person to the custody of the department for an offense categorized as a sex offense, including those sex offenses also included in other offense categories, committed on or after June 6, 1996, and before July 1, 2000, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up to the period of earned release awarded pursuant to RCW 9.94A.728, whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release.
(2) Unless a condition is waived by the court, the terms of community custody imposed under this section shall be the same as those provided for in RCW 9.94B.050(4) and may include those provided for in RCW 9.94B.050(5). As part of any sentence that includes a term of community custody imposed under this section, the court shall also require the offender to comply with any conditions imposed by the department under RCW 9.94A.704.
(3) At any time prior to the completion of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.631 and may be punishable as contempt of court as provided for in RCW 7.21.040.
[ 2009 c 28 § 20; 2000 c 28 § 24. Formerly RCW 9.94A.710.]
NOTES:
Effective date—2009 c 28: See note following RCW 2.24.040.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94B - Sentencing—Crimes Committed Prior to July 1, 2000. › 9.94B.080 - Mental status evaluations.

RCW 9.94B.080
Mental status evaluations.
The court may order an offender whose sentence includes community placement or community supervision to undergo a mental status evaluation and to participate in available outpatient mental health treatment, if the court finds that reasonable grounds exist to believe that the offender is a mentally ill person as defined in RCW 71.24.025, and that this condition is likely to have influenced the offense. An order requiring mental status evaluation or treatment may be based on a presentence report and, if applicable, mental status evaluations that have been filed with the court to determine the offender's competency or eligibility for a defense of insanity. The court may order additional evaluations at a later date if deemed appropriate.
[ 2015 c 80 § 1; 2008 c 231 § 53.]
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.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94B - Sentencing—Crimes Committed Prior to July 1, 2000. › 9.94B.090 - Transfer to community custody status in lieu of earned release.

RCW 9.94B.090
Transfer to community custody status in lieu of earned release.
A person convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, vehicular homicide, vehicular assault, assault of a child in the second degree, any crime against persons where it is determined in accordance with *RCW 9.94A.602 that the offender or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW, committed before July 1, 2000, may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned release time pursuant to **RCW 9.94A.728(1).
[ 2008 c 231 § 54.]
NOTES:
Reviser's note: *(1) RCW 9.94A.602 was recodified as RCW 9.94A.825 pursuant to 2009 c 28 § 41.
**(2) RCW 9.94A.728 was amended by 2009 c 455 § 2, deleting subsection (1).
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.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94B - Sentencing—Crimes Committed Prior to July 1, 2000. › 9.94B.100 - Legal financial obligations—Wage assignments—Sentences imposed before July 1, 1989.

RCW 9.94B.100
Legal financial obligations—Wage assignments—Sentences imposed before July 1, 1989.
For those individuals who, as a condition and term of their sentence imposed on or before July 1, 1989, have had financial obligations imposed, and who are not in compliance with the court order requiring payment of that legal financial obligation, no action shall be brought before the court from July 1, 1989, through and including December 31, 1989, to impose a penalty for their failure to pay. All individuals who, after December 31, 1989, have not taken the opportunity to bring their legal financial obligation current, shall be proceeded against pursuant to RCW 9.94B.040.
[ 2009 c 28 § 14; 1989 c 252 § 18. Formerly RCW 9.94A.771, 9.94A.201.]
NOTES:
Effective date—2009 c 28: See note following RCW 2.24.040.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.95 - Indeterminate Sentences. › 9.95.0001 - Definitions.

RCW 9.95.0001
Definitions.
(1) "Board" means the indeterminate sentence review board.
(2) "Community custody" means that portion of an offender's sentence subject to controls including crime-related prohibitions and affirmative conditions from the court, the board, or the department of corrections based on risk to community safety, that is served under supervision in the community, and which may be modified or revoked for violations of release conditions.
(3) "Crime-related prohibition" has the meaning defined in RCW 9.94A.030.
(4) "Department" means the department of corrections.
(5) "Parole" means that portion of a person's sentence for a crime committed before July 1, 1984, served on conditional release in the community subject to board controls and revocation and under supervision of the department.
(6) "Secretary" means the secretary of the department of corrections or his or her designee.
[ 2001 2nd sp.s. c 12 § 317.]
NOTES:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following RCW 9.94A.030.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.95 - Indeterminate Sentences. › 9.95.001 - Board of prison terms and paroles redesignated as indeterminate sentence review board.

RCW 9.95.001
Board of prison terms and paroles redesignated as indeterminate sentence review board.
On July 1, 1986, the board of prison terms and paroles shall be redesignated the indeterminate sentence review board. The newly designated board shall retain the same membership and staff as the previously designated board of prison terms and paroles. References to "the board" or "board of prison terms and paroles" contained in this chapter, chapters 7.68, 9.95, 9.96, 71.06, and 72.04A RCW, and RCW 9A.44.045 and 72.68.031 are deemed to refer to the indeterminate sentence review board.
[ 1986 c 224 § 2; (i) 1935 c 114 § 1; RRS § 10249-1. (ii) 1947 c 47 § 1; Rem. Supp. 1947 § 10249-1a. Formerly RCW 43.67.010.]
NOTES:
Effective date—1986 c 224: "Sections 1 through 13 of this act shall take effect July 1, 1986." [ 1986 c 224 § 16.]
Severability—1986 c 224: "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." [ 1986 c 224 § 17.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.95 - Indeterminate Sentences. › 9.95.002 - Board considered parole board.

RCW 9.95.002
Board considered parole board.
The indeterminate sentence review board, in fulfilling its duties under the provisions of chapter 12, Laws of 2001 2nd sp. sess., shall be considered a parole board as that concept was treated in law under the state's indeterminate sentencing statutes.
[ 2001 2nd sp.s. c 12 § 363.]
NOTES:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following RCW 9.94A.030.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.95 - Indeterminate Sentences. › 9.95.005 - Board meetings—Quarters at institutions.

RCW 9.95.005
Board meetings—Quarters at institutions.
The board shall meet at major state correctional institutions at such times as may be necessary for a full and complete study of the cases of all convicted persons whose durations of confinement are to be determined by it; whose community custody supervision is under the board's authority; or whose applications for parole come before it. Other times and places of meetings may also be fixed by the board.
The superintendents of the different institutions shall provide suitable quarters for the board while in the discharge of their duties.
[ 2011 1st sp.s. c 40 § 17; 2001 2nd sp.s. c 12 § 318; 1986 c 224 § 4; 1959 c 32 § 2; 1955 c 340 § 10. Prior: 1945 c 155 § 1, part; 1935 c 114 § 8, part; Rem. Supp. 1945 § 10249-8, part. Formerly RCW 43.67.030.]
NOTES:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following RCW 9.94A.030.
Effective date—Severability—1986 c 224: See notes following RCW 9.95.001.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.95 - Indeterminate Sentences. › 9.95.007 - Transaction of board's business in panels—Action by full board.

RCW 9.95.007
Transaction of board's business in panels—Action by full board.
The board may meet and transact business in panels. Each board panel shall consist of at least two members of the board. In all matters concerning the internal affairs of the board and policy-making decisions, a majority of the full board must concur in such matters. The chair of the board with the consent of a majority of the board may designate any two members to exercise all the powers and duties of the board in connection with any hearing before the board. If the two members so designated cannot unanimously agree as to the disposition of the hearing assigned to them, such hearing shall be reheard by the full board. All actions of the full board shall be by concurrence of a majority of the sitting board members.
[ 2011 1st sp.s. c 40 § 18; 2011 c 336 § 337; 1986 c 224 § 5; 1975-'76 2nd ex.s. c 63 § 1; 1959 c 32 § 3. Formerly RCW 43.67.035.]
NOTES:
Reviser's note: This section was amended by 2011 c 336 § 337 and by 2011 1st sp.s. c 40 § 18, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date—Severability—1986 c 224: See notes following RCW 9.95.001.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.95 - Indeterminate Sentences. › 9.95.009 - Board of prison terms and paroles redesignated indeterminate sentence review board—Continuation of functions.

RCW 9.95.009
Board of prison terms and paroles redesignated indeterminate sentence review board—Continuation of functions.
(1) On July 1, 1986, the board of prison terms and paroles shall be redesignated as the indeterminate sentence review board. The board's membership shall be reduced as follows: On July 1, 1986, and on July 1st of each year until 1998, the number of board members shall be reduced in a manner commensurate with the board's remaining workload as determined by the office of financial management based upon its population forecast for the indeterminate sentencing system and in conjunction with the budget process. To meet the statutory obligations of the indeterminate sentence review board, the number of board members shall not be reduced to fewer than three members, although the office of financial management may designate some or all members as part-time members and specify the extent to which they shall be less than full-time members. Any reduction shall take place by the expiration, on that date, of the term or terms having the least time left to serve.
(2) After July 1, 1984, the board shall continue its functions with respect to persons convicted of crimes committed prior to July 1, 1984, and committed to the department of corrections. When making decisions on duration of confinement, including those relating to persons committed under a mandatory life sentence, and parole release under RCW 9.95.100 and 9.95.110, the board shall consider the purposes, standards, and sentencing ranges under chapter 9.94A RCW of the sentencing reform act and the minimum term recommendations of the sentencing judge and prosecuting attorney, and shall attempt to make decisions reasonably consistent with those ranges, standards, purposes, and recommendations: PROVIDED, That the board and its successors shall give adequate written reasons whenever a minimum term or parole release decision is made which is outside the sentencing ranges under chapter 9.94A RCW of the sentencing reform act. In making such decisions, the board and its successors shall consider the different charging and disposition practices under the indeterminate sentencing system.
(3) Notwithstanding the provisions of subsection (2) of this section, the indeterminate sentence review board shall give public safety considerations the highest priority when making all discretionary decisions on the remaining indeterminate population regarding the ability for parole, parole release, and conditions of parole.
[ 2011 1st sp.s. c 40 § 41; 1990 c 3 § 707; 1989 c 259 § 1; 1986 c 224 § 6; 1985 c 279 § 1; 1982 c 192 § 8; 1981 c 137 § 24.]
NOTES:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date—Severability—1986 c 224: See notes following RCW 9.95.001.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.95 - Indeterminate Sentences. › 9.95.010 - Court to fix maximum sentence.

RCW 9.95.010
Court to fix maximum sentence.
When a person, whose crime was committed before July 1, 1984, is convicted of any felony, except treason, murder in the first degree, or carnal knowledge of a child under ten years, and a new trial is not granted, the court shall sentence such person to the penitentiary, or, if the law allows and the court sees fit to exercise such discretion, to the reformatory, and shall fix the maximum term of such person's sentence only.
The maximum term to be fixed by the court shall be the maximum provided by law for the crime of which such person was convicted, if the law provides for a maximum term. If the law does not provide a maximum term for the crime of which such person was convicted the court shall fix such maximum term, which may be for any number of years up to and including life imprisonment but in any case where the maximum term is fixed by the court it shall be fixed at not less than twenty years.
[ 2001 2nd sp.s. c 12 § 319; 1955 c 133 § 2. Prior: 1947 c 92 § 1, part; 1935 c 114 § 2, part; Rem. Supp. 1947 § 10249-2, part.]
NOTES:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following RCW 9.94A.030.
Punishment: Chapter 9.92 RCW.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.95 - Indeterminate Sentences. › 9.95.013 - Application of sentencing reform act to board decision.

RCW 9.95.013
Application of sentencing reform act to board decision.
The board shall apply all of the statutory requirements of RCW 9.95.009(2), requiring decisions of the board to be reasonably consistent with the ranges, standards, and purposes of the sentencing reform act, chapter 9.94A RCW, and the minimum term recommendations of the sentencing judge and the prosecuting attorney, to every person who, on July 23, 1989, is incarcerated and has been adjudged under the provisions of RCW 9.92.090.
[ 1989 c 259 § 5.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.95 - Indeterminate Sentences. › 9.95.015 - Finding of fact or special verdict establishing defendant armed with deadly weapon.

RCW 9.95.015
Finding of fact or special verdict establishing defendant armed with deadly weapon.
In every criminal case wherein conviction would require the board to determine the duration of confinement, or the court to make such determination for persons committed after July 1, 1986, for crimes committed before July 1, 1984, and wherein there has been an allegation and evidence establishing that the accused was armed with a deadly weapon at the time of the commission of the crime, the court shall make a finding of fact of whether or not the accused was armed with a deadly weapon, as defined by RCW 9.95.040, at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it find the defendant guilty, also find a special verdict as to whether or not the defendant was armed with a deadly weapon, as defined in RCW 9.95.040, at the time of the commission of the crime.
[ 1986 c 224 § 8; 1961 c 138 § 1.]
NOTES:
Effective date—Severability—1986 c 224: See notes following RCW 9.95.001.