reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.7602 - Legal financial obligation—Notice of payroll deduction—Issuance and content.

RCW 9.94A.7602
Legal financial obligation—Notice of payroll deduction—Issuance and content.
(1) The department may issue a notice of payroll deduction in a criminal action if:
(a) The court at sentencing orders its immediate issuance; or
(b) The offender is more than thirty days past due in monthly payments in an amount equal to or greater than the amount payable for one month, provided:
(i) The judgment and sentence or subsequent order to pay contains a statement that a notice of payroll deduction may be issued without further notice to the offender; or
(ii) The department has served a notice on the offender stating such requirements and authorization. Service of such notice shall be made by personal service or any form of mail requiring a return receipt.
(2) The notice of payroll deduction is to be in writing and include:
(a) The name, social security number, and identifying court case number of the offender/employee;
(b) The amount to be deducted from the offender/employee's disposable earnings each month, or alternative amounts and frequencies as may be necessary to facilitate processing of the payroll deduction by the employer;
(c) A statement that the total amount withheld on all payroll deduction notices for payment of court-ordered legal financial obligations combined shall not exceed twenty-five percent of the offender/employee's disposable earnings; and
(d) The address to which the payments are to be mailed or delivered.
(3) An informational copy of the notice of payroll deduction shall be mailed to the offender's last known address by regular mail or shall be personally served.
(4) Neither the department nor any agents of the department shall be held liable for actions taken under RCW 9.94A.760 and 9.94A.7601 through 9.94A.761.
[ 1991 c 93 § 3. Formerly RCW 9.94A.200010.]
NOTES:
Retroactive application—Captions not law—1991 c 93: See notes following RCW 9.94A.7601.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.7603 - Legal financial obligations—Payroll deductions—Maximum amounts withheld, apportionment.

RCW 9.94A.7603
Legal financial obligations—Payroll deductions—Maximum amounts withheld, apportionment.
(1) The total amount to be withheld from the offender/employee's earnings each month, or from each earnings disbursement, shall not exceed twenty-five percent of the disposable earnings of the offender.
(2) If the offender is subject to two or more notices of payroll deduction for payment of a court-ordered legal financial obligation from different obligees, the employer or entity shall, if the nonexempt portion of the offender's earnings is not sufficient to respond fully to all notices of payroll deduction, apportion the offender's nonexempt disposable earnings between or among the various obligees equally.
[ 1991 c 93 § 4. Formerly RCW 9.94A.200015.]
NOTES:
Retroactive application—Captions not law—1991 c 93: See notes following RCW 9.94A.7601.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.7605 - Motion to quash, modify, or terminate payroll deduction—Grounds for relief.

RCW 9.94A.7605
Motion to quash, modify, or terminate payroll deduction—Grounds for relief.
(1) The offender subject to a payroll deduction under this chapter, may file a motion in superior court to quash, modify, or terminate the payroll deduction. The court may grant relief if:
(a) It is demonstrated that the payroll deduction causes extreme hardship or substantial injustice; or
(b) In cases where the court did not immediately order the issuance of a notice of payroll deduction at sentencing, that a court-ordered legal financial obligation payment was not more than thirty days past due in an amount equal to or greater than the amount payable for one month.
(2) Satisfactions by the offender of all past-due payments subsequent to the issuance of the notice of payroll deduction is not grounds to quash, modify, or terminate the notice of payroll deduction. If a notice of payroll deduction has been in operation for twelve consecutive months and the offender's payment towards a court-ordered legal financial obligation is current, upon motion of the offender, the court may order the department to terminate the payroll deduction, unless the department can show good cause as to why the notice of payroll deduction should remain in effect.
[ 1991 c 93 § 6. Formerly RCW 9.94A.200025.]
NOTES:
Retroactive application—Captions not law—1991 c 93: See notes following RCW 9.94A.7601.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.7606 - Legal financial obligations—Order to withhold and deliver—Issuance and contents.

RCW 9.94A.7606
Legal financial obligations—Order to withhold and deliver—Issuance and contents.
(1) The department or county clerk may issue to any person or entity, except to the department, an order to withhold and deliver property of any kind, including but not restricted to, earnings that are due, owing, or belonging to the offender, if the department or county clerk has reason to believe that there is in the possession of such person or entity, property that is due, owing, or belonging to the offender. Such order to withhold and deliver may be issued when a court-ordered legal financial obligation payment is past due:
(a) If an offender's judgment and sentence or a subsequent order to pay includes a statement that other income-withholding action under this chapter may be taken without further notice to the offender.
(b) If a judgment and sentence or a subsequent order to pay does not include the statement that other income-withholding action under this chapter may be taken without further notice to the offender but the department or county clerk has served a notice on the offender stating such requirements and authorizations. The service shall have been made by personal service or any form of mail requiring a return receipt.
(2) The order to withhold and deliver shall:
(a) Include the amount of the court-ordered legal financial obligation;
(b) Contain a summary of moneys that may be exempt from the order to withhold and deliver and a summary of the civil liability upon failure to comply with the order; and
(c) Be served by personal service or by any form of mail requiring a return receipt.
(3) The department or county clerk shall also, on or before the date of service of the order to withhold and deliver, mail or cause to be mailed by any form of mail requiring a return receipt, a copy of the order to withhold and deliver to the offender at the offender's last known post office address, or, in the alternative, a copy of the order shall be personally served on the offender on or before the date of service of the order or within two days thereafter. The copy of the order shall be mailed or served together with an explanation of the right to petition for judicial review. If the copy is not mailed or served as this section provides, or if any irregularity appears with respect to the mailing or service, the superior court, in its discretion on motion of the offender promptly made and supported by affidavit showing that the offender has suffered substantial injury due to the failure to mail the copy, may set aside the order to withhold and deliver.
[ 2011 c 106 § 5; 1991 c 93 § 7. Formerly RCW 9.94A.200030.]
NOTES:
Finding—2011 c 106: See note following RCW 10.82.090.
Retroactive application—Captions not law—1991 c 93: See notes following RCW 9.94A.7601.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.7608 - Legal financial obligations—Financial institutions—Service on main office or branch, effect—Collection actions against community bank account, court hearing.

RCW 9.94A.7608
Legal financial obligations—Financial institutions—Service on main office or branch, effect—Collection actions against community bank account, court hearing.
An order to withhold and deliver or any other income-withholding action authorized by this chapter may be served on the main office of a bank, savings and loan association, or credit union or on a branch office of the financial institution. Service on the main office shall be effective to attach the deposits of an offender in the financial institution and compensation payable for personal services due the offender from the financial institution. Service on a branch office shall be effective to attach the deposits, accounts, credits, or other personal property of the offender, excluding compensation payable for personal services, in the possession or control of the particular branch served.
Notwithstanding any other provision of RCW 9.94A.760 and 9.94A.7601 through 9.94A.761, if the department or county clerk initiates collection action against a joint bank account, with or without the right of survivorship, or any other funds which are subject to the community property laws of this state, notice shall be given to all affected parties that the account or funds are subject to potential withholding. Such notice shall be by first-class mail, return receipt required, or by personal service and be given at least twenty calendar days before withholding is made. Upon receipt of such notice, the nonobligated person shall have ten calendar days to file a petition with the department or the superior court contesting the withholding of his or her interest in the account or funds. The department or county clerk shall provide notice of the right of the filing of the petition with the notice provided in this paragraph. If the petition is not filed within the period provided for herein, the department or county clerk is authorized to proceed with the collection action.
[ 2011 c 106 § 7; 1991 c 93 § 9. Formerly RCW 9.94A.200040.]
NOTES:
Finding—2011 c 106: See note following RCW 10.82.090.
Retroactive application—Captions not law—1991 c 93: See notes following RCW 9.94A.7601.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.7609 - Legal financial obligations—Notice of debt—Service or mailing—Contents—Action on, when.

RCW 9.94A.7609
Legal financial obligations—Notice of debt—Service or mailing—Contents—Action on, when.
(1) The department or county clerk may issue a notice of debt in order to enforce and collect a court-ordered legal financial obligation debt through either a notice of payroll deduction or an order to withhold and deliver.
(2) The notice of debt may be personally served upon the offender or be mailed to the offender at his or her last known address by any form of mail requiring a return receipt, demanding payment within twenty days of the date of receipt.
(3) The notice of debt shall include:
(a) A statement of the total court-ordered legal financial obligation and the amount to be paid each month.
(b) A statement that earnings are subject to a notice of payroll deduction.
(c) A statement that earnings or property, or both, are subject to an order to withhold and deliver.
(d) A statement that the net proceeds will be applied to the satisfaction of the court-ordered legal financial obligation.
(4) Action to collect a court-ordered legal financial obligation by notice of payroll deduction or an order to withhold and deliver shall be lawful after twenty days from the date of service upon the offender or twenty days from the receipt or refusal by the offender of the notice of debt.
(5) The notice of debt will take effect only if the offender's monthly court-ordered legal financial obligation payment is not paid when due, and an amount equal to or greater than the amount payable for one month is owned [owed].
(6) The department or county clerk shall not be required to issue or serve the notice of debt in order to enforce and collect a court-ordered legal financial obligation debt through either a notice of payroll deduction or an order to withhold and deliver if either the offender's judgment and sentence or a subsequent order to pay includes a statement that income-withholding action under this chapter may be taken without further notice to the offender.
[ 2011 c 106 § 8; 1991 c 93 § 10. Formerly RCW 9.94A.200045.]
NOTES:
Finding—2011 c 106: See note following RCW 10.82.090.
Retroactive application—Captions not law—1991 c 93: See notes following RCW 9.94A.7601.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.761 - Legal financial obligations—Exemption from notice of payroll deduction or order to withhold and deliver.

RCW 9.94A.761
Legal financial obligations—Exemption from notice of payroll deduction or order to withhold and deliver.
Whenever a notice of payroll deduction or order to withhold and deliver is served upon a person or entity asserting a court-ordered legal financial obligation debt against earnings and there is in the possession of the person or entity any of the earnings, RCW 6.27.150 shall not apply, but seventy-five percent of the disposable earnings shall be exempt and may be disbursed to the offender whether such earnings are paid, or to be paid weekly, monthly, or at other intervals and whether there is due the offender earnings for one week or for a longer period. The notice of payroll deduction or order to withhold and deliver shall continue to operate and require said person or entity to withhold the nonexempt portion of earnings, at each succeeding earnings disbursement interval until the entire amount of the court-ordered legal financial obligation debt has been withheld.
[ 1991 c 93 § 11. Formerly RCW 9.94A.200050.]
NOTES:
Retroactive application—Captions not law—1991 c 93: See notes following RCW 9.94A.7601.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.7701 - Legal financial obligations—Wage assignments—Petition or motion.

RCW 9.94A.7701
Legal financial obligations—Wage assignments—Petition or motion.
A petition or motion seeking a mandatory wage assignment in a criminal action may be filed by the department or any obligee if the offender is more than thirty days past due in monthly payments in an amount equal to or greater than the amount payable for one month. The petition or motion shall include a sworn statement by the secretary or designee, or if filed solely by an obligee, by such obligee, stating the facts authorizing the issuance of the wage assignment order, including: (1) That the offender, stating his or her name and last known residence, is more than thirty days past due in payments in an amount equal to or greater than the amount payable for one month; (2) a description of the terms of the judgment and sentence and/or payment order requiring payment of a court-ordered legal financial obligation, the total amount remaining unpaid, and the amount past due; (3) the name and address of the offender's employer; (4) that notice by personal service, or any form of mail requiring a return receipt, has been provided to the offender at least fifteen days prior to the filing of a mandatory wage assignment, unless the judgment and sentence or the order for payment states that the department or obligee may seek a mandatory wage assignment without notice to the defendant. A copy of the judgment and sentence or payment order shall be attached to the petition or motion seeking the wage assignment.
[ 1989 c 252 § 9. Formerly RCW 9.94A.2001.]
NOTES:
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 9.94A - Sentencing Reform Act of 1981. › 9.94A.7702 - Legal financial obligations—Wage assignments—Answer.

RCW 9.94A.7702
Legal financial obligations—Wage assignments—Answer.
Upon receipt of a petition or motion seeking a mandatory wage assignment that complies with RCW 9.94A.7701, the court shall issue a wage assignment order as provided in RCW 9.94A.7704 and including the information required in RCW 9.94A.7701, directed to the employer, and commanding the employer to answer the order on the forms served with the order that comply with RCW 9.94A.7706 within twenty days after service of the order upon the employer.
[ 1989 c 252 § 10. Formerly RCW 9.94A.2002.]
NOTES:
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 9.94A - Sentencing Reform Act of 1981. › 9.94A.7703 - Legal financial obligations—Wage assignments—Amounts to be withheld.

RCW 9.94A.7703
Legal financial obligations—Wage assignments—Amounts to be withheld.
(1) The wage assignment order in RCW 9.94A.7702 shall include: (a) The maximum amount or current amount owed on a court-ordered legal financial obligation, if any, to be withheld from the defendant's earnings each month, or from each earnings disbursement; and (b) the total amount of the arrearage or reimbursement judgment previously entered by the court, if any, together with interest, if any.
(2) The total amount to be withheld from the defendant's earnings each month, or from each earnings disbursement, shall not exceed twenty-five percent of the disposable earnings of the defendant. If the amounts to be paid toward the arrearage are specified in the payment order, then the maximum amount to be withheld is the sum of the current amount owed and the amount ordered to be paid toward the arrearage, or twenty-five percent of the disposable earnings of the defendant, whichever is less.
(3) If the defendant is subject to two or more attachments for payment of a court-ordered legal financial obligation on account of different obligees, the employer shall, if the nonexempt portion of the defendant's earnings is not sufficient to respond fully to all the attachments, apportion the defendant's nonexempt disposable earnings between or among the various obligees equally. Any obligee may seek a court order reapportioning the defendant's nonexempt disposable earnings upon notice to all interested parties. Notice shall be by personal service, or in the manner provided by the civil rules of superior court or applicable statute.
[ 1989 c 252 § 11. Formerly RCW 9.94A.2003.]
NOTES:
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 9.94A - Sentencing Reform Act of 1981. › 9.94A.7704 - Legal financial obligations—Wage assignments—Rules.

RCW 9.94A.7704
Legal financial obligations—Wage assignments—Rules.
The department shall develop a form and adopt rules for the wage assignment order.
[ 1989 c 252 § 12. Formerly RCW 9.94A.2004.]
NOTES:
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 9.94A - Sentencing Reform Act of 1981. › 9.94A.7705 - Legal financial obligations—Wage assignments—Employer responsibilities.

RCW 9.94A.7705
Legal financial obligations—Wage assignments—Employer responsibilities.
(1) An employer upon whom service of a wage assignment order has been made shall answer the order by sworn affidavit within twenty days after the date of service. The answer shall state whether the offender is employed by or receives earnings from the employer, whether the employer will honor the wage assignment order, and whether there are multiple attachments against the offender.
(2) If the employer possesses any earnings due and owing to the offender, the earnings subject to the wage assignment order shall be withheld immediately upon receipt of the wage assignment order. The employer shall deliver the withheld earnings to the clerk of the court pursuant to the wage assignment order. The employer shall make the first delivery no sooner than twenty days after receipt of the wage assignment order.
(3) The employer shall continue to withhold the ordered amounts from nonexempt earnings of the offender until notified that the wage assignment has been modified or terminated. The employer shall promptly notify the clerk of the court who entered the order when the employee is no longer employed.
(4) The employer may deduct a processing fee from the remainder of the employee's earnings after withholding under the wage assignment order, even if the remainder is exempt under RCW 9.94A.7703. The processing fee may not exceed: (a) Ten dollars for the first disbursement made by the employer to the clerk of the court; and (b) one dollar for each subsequent disbursement made under the wage assignment order.
(5) An employer who fails to withhold earnings as required by a wage assignment order issued under this chapter may be held liable for the amounts disbursed to the offender in violation of the wage assignment order, and may be found by the court to be in contempt of court and may be punished as provided by law.
(6) No employer who complies with a wage assignment order issued under this chapter may be liable to the employee for wrongful withholding.
(7) No employer may discharge, discipline, or refuse to hire an employee because of the entry or service of a wage assignment order issued and executed under this chapter. A person who violates this subsection may be found by the court to be in contempt of court and may be punished as provided by law.
(8) An employer shall deliver a copy of the wage assignment order to the obligor as soon as is reasonably possible.
[ 1989 c 252 § 13. Formerly RCW 9.94A.2005.]
NOTES:
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 9.94A - Sentencing Reform Act of 1981. › 9.94A.7706 - Legal financial obligations—Wage assignments—Form and rules.

RCW 9.94A.7706
Legal financial obligations—Wage assignments—Form and rules.
The department shall develop a form and adopt rules for the wage assignment answer, and instructions for employers for preparing such answer.
[ 1989 c 252 § 14. Formerly RCW 9.94A.2006.]
NOTES:
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 9.94A - Sentencing Reform Act of 1981. › 9.94A.7707 - Legal financial obligations—Wage assignments—Service.

RCW 9.94A.7707
Legal financial obligations—Wage assignments—Service.
(1) Service of the wage assignment order on the employer is invalid unless it is served with five answer forms in substantial conformance with RCW 9.94A.7706, together with stamped envelopes addressed to, respectively, the clerk of the court where the order was issued, the obligee's attorney, the petitioner, the department, and the obligor. The petitioner shall also include an extra copy of the wage assignment order for the employer to deliver to the obligor. Service on the employer shall be in person or by any form of mail requiring a return receipt.
(2) On or before the date of service of the wage assignment order on the employer, the petitioner shall mail or cause to be mailed by certified mail a copy of the wage assignment order to the obligor at the obligor's last known post office address; or, in the alternative, a copy of the wage assignment order shall be served on the obligor in the same manner as a summons in a civil action on, before, or within two days after the date of service of the order on the employer. This requirement is not jurisdictional, but if the copy is not mailed or served as this subsection provides, or if any irregularity appears with respect to the mailing of service, the superior court, in its discretion, may quash the wage assignment order, upon motion of the obligor promptly made and supported by an affidavit showing that the defendant has suffered substantial injury due to the failure to mail or serve the copy.
[ 1989 c 252 § 15. Formerly RCW 9.94A.2007.]
NOTES:
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 9.94A - Sentencing Reform Act of 1981. › 9.94A.7708 - Legal financial obligations—Wage assignments—Hearing—Scope of relief.

RCW 9.94A.7708
Legal financial obligations—Wage assignments—Hearing—Scope of relief.
In a hearing to quash, modify, or terminate the wage assignment order, the court may grant relief only upon a showing that the wage assignment order causes extreme hardship or substantial injustice. Satisfactions by the defendant of all past-due payments subsequent to the issuance of the wage assignment order is not grounds to quash, modify, or terminate the wage assignment order. If a wage assignment order has been in operation for twelve consecutive months and the obligor's payment towards a court-ordered legal financial obligation is current, the court may terminate the order upon motion of the obligor unless the obligee or the department can show good cause as to why the wage assignment order should remain in effect. The department shall notify the employer of any modification or termination of the wage assignment order.
[ 1989 c 252 § 16. Formerly RCW 9.94A.2008.]
NOTES:
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 9.94A - Sentencing Reform Act of 1981. › 9.94A.7709 - Legal financial obligations—Wage assignments—Recovery of costs, attorneys' fees.

RCW 9.94A.7709
Legal financial obligations—Wage assignments—Recovery of costs, attorneys' fees.
In any action to enforce legal financial obligations under this chapter, the prevailing party is entitled to a recovery of costs, including an award for reasonable attorneys' fees. An obligor may not be considered a prevailing party under this section unless the obligee has acted in bad faith in connection with the proceeding in question.
[ 1989 c 252 § 17. Formerly RCW 9.94A.2009.]
NOTES:
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 9.94A - Sentencing Reform Act of 1981. › 9.94A.772 - Legal financial obligations—Monthly payment, starting dates—Construction.

RCW 9.94A.772
Legal financial obligations—Monthly payment, starting dates—Construction.
Notwithstanding any other provision of state law, monthly payment or starting dates set by the court, the county clerk, or the department before or after October 1, 2003, shall not be construed as a limitation on the due date or amount of legal financial obligations, which may be immediately collected by civil means and shall not be construed as a limitation for purposes of credit reporting. Monthly payments and commencement dates are to be construed to be applicable solely as a limitation upon the deprivation of an offender's liberty for nonpayment.
[ 2004 c 121 § 4; 2003 c 379 § 22.]
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.775 - Legal financial obligations—Termination of supervision—Monitoring of payments.

RCW 9.94A.775
Legal financial obligations—Termination of supervision—Monitoring of payments.
If an offender with an unsatisfied legal financial obligation is not subject to supervision by the department for a term of community custody, or has not completed payment of all legal financial obligations included in the sentence at the expiration of his or her term of community custody, the department shall notify the administrative office of the courts of the termination of the offender's supervision and provide information to the administrative office of the courts to enable the county clerk to monitor payment of the remaining obligations. The county clerk is authorized to monitor payment after such notification. The secretary of corrections and the administrator for the courts shall enter into an interagency agreement to facilitate the electronic transfer of information about offenders, unpaid obligations, and payees to carry out the purposes of this section.
[ 2008 c 231 § 36; 2003 c 379 § 17.]
NOTES:
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Severability—Effective dates—2003 c 379: See notes following RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 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.777 - Legal financial obligations—Defendants with mental health conditions.

RCW 9.94A.777
Legal financial obligations—Defendants with mental health conditions.
(1) Before imposing any legal financial obligations upon a defendant who suffers from a mental health condition, other than restitution, a judge must first determine that the defendant, under the terms of this section, has the means to pay such additional sums.
(2) For the purposes of this section, a defendant suffers from a mental health condition when the defendant has been diagnosed with a mental disorder that prevents the defendant from participating in gainful employment, as evidenced by a determination of mental disability as the basis for the defendant's enrollment in a public assistance program, a record of involuntary hospitalization, or by competent expert evaluation.
[ 2022 c 260 § 24; 2010 c 280 § 6.]
NOTES:
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.810 - Transition and relapse prevention strategies.

RCW 9.94A.810
Transition and relapse prevention strategies.
Within the funds available for this purpose, the department shall develop and monitor transition and relapse prevention strategies, including risk assessment and release plans, to reduce risk to the community after sex offenders' terms of confinement in the custody of the department.
[ 2000 c 28 § 35.]
NOTES:
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.820 - Sex offender treatment in the community.

RCW 9.94A.820
Sex offender treatment in the community.
(1) Sex offender examinations and treatment ordered as a special condition of community custody under this chapter shall be conducted only by certified sex offender treatment providers or certified affiliate sex offender treatment providers under chapter 18.155 RCW unless the court or the department finds that: (a) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (b) the treatment provider is employed by the department; or (c)(i) no certified sex offender treatment providers or certified affiliate sex offender treatment providers are available to provide treatment within a reasonable geographic distance of the offender's home, as determined in rules adopted by the secretary; and (ii) the evaluation and treatment plan comply with the rules adopted by the department of health. A treatment provider selected by an offender under (c) of this subsection, who is not certified by the department of health shall consult with a certified sex offender treatment provider during the offender's period of treatment to ensure compliance with the rules adopted by the department of health. The frequency and content of the consultation shall be based on the recommendation of the certified sex offender treatment provider.
(2) A sex offender's failure to participate in treatment required as a condition of community custody is a violation that will not be excused on the basis that no treatment provider was located within a reasonable geographic distance of the offender's home.
[ 2008 c 231 § 38; 2004 c 38 § 10; 2000 c 28 § 36.]
NOTES:
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2004 c 38: See note following RCW 18.155.075.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.825 - Deadly weapon special verdict—Definition.

RCW 9.94A.825
Deadly weapon special verdict—Definition.
In a criminal case wherein there has been a special allegation and evidence establishing that the accused or an accomplice was armed with a deadly weapon at the time of the commission of the crime, the court shall make a finding of fact of whether or not the accused or an accomplice was armed with a deadly weapon at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it find[s] the defendant guilty, also find a special verdict as to whether or not the defendant or an accomplice was armed with a deadly weapon at the time of the commission of the crime.
For purposes of this section, a deadly weapon is an implement or instrument which has the capacity to inflict death and from the manner in which it is used, is likely to produce or may easily and readily produce death. The following instruments are included in the term deadly weapon: Blackjack, sling shot, billy, sand club, sandbag, metal knuckles, any dirk, dagger, pistol, revolver, or any other firearm, any knife having a blade longer than three inches, any razor with an unguarded blade, any metal pipe or bar used or intended to be used as a club, any explosive, and any weapon containing poisonous or injurious gas.
[ 1983 c 163 § 3. Formerly RCW 9.94A.602, 9.94A.125.]
NOTES:
Effective date—1983 c 163: See note following RCW 9.94A.505.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.827 - Methamphetamine—Manufacturing with child on premises—Special allegation.

RCW 9.94A.827
Methamphetamine—Manufacturing with child on premises—Special allegation.
In a criminal case where:
(1) The defendant has been convicted of (a) manufacture of a controlled substance under RCW 69.50.401 relating to manufacture of methamphetamine; or (b) possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine, as defined in RCW 69.50.440; and
(2) There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant committed the crime when a person under the age of eighteen was present in or upon the premises of manufacture;
the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to the special allegation.
[ 2003 c 53 § 60; 2002 c 134 § 3; 2000 c 132 § 1. Formerly RCW 9.94A.605, 9.94A.128.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—2002 c 134: See note following RCW 69.50.440.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.829 - Special allegation—Offense committed by criminal street gang member or associate—Procedures.

RCW 9.94A.829
Special allegation—Offense committed by criminal street gang member or associate—Procedures.
In a criminal case in which the defendant has been convicted of unlawful possession of a firearm under RCW 9.41.040, and there has been a special allegation pleaded and proven by a preponderance of the evidence that the accused is a criminal street gang member or associate as defined in RCW 9.94A.030, the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not the accused was a criminal street gang member or associate during the commission of the crime.
[ 2009 c 28 § 16.]
NOTES:
Effective date—2009 c 28: See note following RCW 2.24.040.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.831 - Special allegation—Assault of law enforcement personnel with a firearm—Procedures.

RCW 9.94A.831
Special allegation—Assault of law enforcement personnel with a firearm—Procedures.
In a criminal case where:
(1) The defendant has been convicted of assaulting a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault as provided under RCW 9A.36.031; and
(2) There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant intentionally committed the assault with what appears to be a firearm;
the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to the special allegation.
[ 2009 c 141 § 1.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.832 - Special allegation—Robbery in the first or second degree—Robbery of a pharmacy—Procedures.

RCW 9.94A.832
Special allegation—Robbery in the first or second degree—Robbery of a pharmacy—Procedures.
In a criminal case where:
(1) The defendant has been convicted of robbery in the first degree or robbery in the second degree; and
(2) There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant committed a robbery of a pharmacy as defined in *RCW 18.64.011(21);
the court shall make a finding of fact of the special allegation, or if a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to the special allegation.
[ 2013 c 270 § 1.]
NOTES:
*Reviser's note: RCW 18.64.011 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (21) to subsection (26).
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.833 - Special allegation—Involving minor in felony offense—Procedures.

RCW 9.94A.833
Special allegation—Involving minor in felony offense—Procedures.
(1) In a prosecution of a criminal street gang-related felony offense, the prosecution may file a special allegation that the felony offense involved the compensation, threatening, or solicitation of a minor in order to involve that minor in the commission of the felony offense, as described under RCW 9.94A.533(10)(a).
(2) The state has the burden of proving a special allegation made under this section beyond a reasonable doubt. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the criminal street gang-related felony offense involved the compensation, threatening, or solicitation of a minor in order to involve that minor in the commission of the felony offense. If no jury is had, the court shall make a finding of fact as to whether the criminal street gang-related felony offense involved the compensation, threatening, or solicitation of a minor in order to involve that minor in the commission of the felony offense.
[ 2008 c 276 § 302.]
NOTES:
Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.834 - Special allegation—Endangerment by eluding a police vehicle—Procedures.

RCW 9.94A.834
Special allegation—Endangerment by eluding a police vehicle—Procedures.
(1) The prosecuting attorney may file a special allegation of endangerment by eluding in every criminal case involving a charge of attempting to elude a police vehicle under RCW 46.61.024, when sufficient admissible evidence exists, to show that one or more persons other than the defendant or the pursuing law enforcement officer were threatened with physical injury or harm by the actions of the person committing the crime of attempting to elude a police vehicle.
(2) In a criminal case in which there has been a special allegation, the state shall prove beyond a reasonable doubt that the accused committed the crime while endangering one or more persons other than the defendant or the pursuing law enforcement officer. The court shall make a finding of fact of whether or not one or more persons other than the defendant or the pursuing law enforcement officer were endangered at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not one or more persons other than the defendant or the pursuing law enforcement officer were endangered during the commission of the crime.
[ 2008 c 219 § 2.]
NOTES:
Short title—2008 c 219: "This act may be known and cited as the Guillermo "Bobby" Aguilar and Edgar F. Trevino-Mendoza public safety act of 2008." [ 2008 c 219 § 1.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.835 - Special allegation—Sexual motivation—Procedures.

RCW 9.94A.835
Special allegation—Sexual motivation—Procedures.
(1) The prosecuting attorney shall file a special allegation of sexual motivation in every criminal case, felony, gross misdemeanor, or misdemeanor, other than sex offenses as defined in RCW 9.94A.030 when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact finder.
(2) In a criminal case wherein there has been a special allegation the state shall prove beyond a reasonable doubt that the accused committed the crime with a sexual motivation. The court shall make a finding of fact of whether or not a sexual motivation was present at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not the defendant committed the crime with a sexual motivation. This finding shall not be applied to sex offenses as defined in RCW 9.94A.030.
(3) The prosecuting attorney shall not withdraw the special allegation of sexual motivation without approval of the court through an order of dismissal of the special allegation. The court shall not dismiss this special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful.
[ 2009 c 28 § 15; 2006 c 123 § 2; 1999 c 143 § 11; 1990 c 3 § 601. Formerly RCW 9.94A.127.]
NOTES:
Effective date—2009 c 28: See note following RCW 2.24.040.
Effective date—2006 c 123: See note following RCW 9.94A.533.
Effective date—Application—1990 c 3 §§ 601-605: "(1) Sections 601 through 605 of this act, for purposes of sentencing adult or juvenile offenders, shall take effect July 1, 1990, and shall apply to crimes or offenses committed on or after July 1, 1990.
(2) For purposes of defining a "sexually violent offense" pursuant to section 1002(4) of this act, sections 601 through 605 of this act shall take effect July 1, 1990, and shall apply to crimes committed on, before, or after July 1, 1990." [ 1990 c 3 § 606.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.836 - Special allegation—Offense was predatory—Procedures.

RCW 9.94A.836
Special allegation—Offense was predatory—Procedures.
(1) In a prosecution for rape of a child in the first degree, rape of a child in the second degree, or child molestation in the first degree, the prosecuting attorney shall file a special allegation that the offense was predatory whenever sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding by a reasonable and objective fact finder that the offense was predatory, unless the prosecuting attorney determines, after consulting with a victim, that filing a special allegation under this section is likely to interfere with the ability to obtain a conviction.
(2) Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the offense was predatory. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the offense was predatory. If no jury is had, the court shall make a finding of fact as to whether the offense was predatory.
(3) The prosecuting attorney shall not withdraw a special allegation filed under this section without the approval of the court through an order of dismissal of the allegation. The court may not dismiss the special allegation unless it finds that the order is necessary to correct an error in the initial charging decision or that there are evidentiary problems that make proving the special allegation doubtful.
[ 2006 c 122 § 1.]
NOTES:
Effective date—2006 c 122 §§ 1-4 and 6: "Sections 1 through 4 and 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 20, 2006]." [ 2006 c 122 § 10.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.94A - Sentencing Reform Act of 1981. › 9.94A.837 - Special allegation—Victim was under fifteen years of age—Procedures.

RCW 9.94A.837
Special allegation—Victim was under fifteen years of age—Procedures.
(1) In a prosecution for rape in the first degree, rape in the second degree, indecent liberties by forcible compulsion, or kidnapping in the first degree with sexual motivation, the prosecuting attorney shall file a special allegation that the victim of the offense was under fifteen years of age at the time of the offense whenever sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding by a reasonable and objective fact finder that the victim was under fifteen years of age at the time of the offense, unless the prosecuting attorney determines, after consulting with a victim, that filing a special allegation under this section is likely to interfere with the ability to obtain a conviction.
(2) Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the victim was under fifteen years of age at the time of the offense. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the victim was under the age of fifteen at the time of the offense. If no jury is had, the court shall make a finding of fact as to whether the victim was under the age of fifteen at the time of the offense.
(3) The prosecuting attorney shall not withdraw a special allegation filed under this section without the approval of the court through an order of dismissal of the allegation. The court may not dismiss the special allegation unless it finds that the order is necessary to correct an error in the initial charging decision or that there are evidentiary problems that make proving the special allegation doubtful.
[ 2006 c 122 § 2.]
NOTES:
Effective date—2006 c 122 §§ 1-4 and 6: See note following RCW 9.94A.836.