reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.27 - Prosecuting Attorney. › 36.27.030 - Disability of prosecuting attorney.

RCW 36.27.030
Disability of prosecuting attorney.
When from illness or other cause the prosecuting attorney is temporarily unable to perform his or her duties, the court or judge may appoint some qualified person to discharge the duties of such officer in court until the disability is removed.
When any prosecuting attorney fails, from sickness or other cause, to attend a session of the superior court of his or her county, or is unable to perform his or her duties at such session, the court or judge may appoint some qualified person to discharge the duties of such session, and the appointee shall receive a compensation to be fixed by the court, to be deducted from the stated salary of the prosecuting attorney, not exceeding, however, one-fourth of the quarterly salary of the prosecuting attorney: PROVIDED, That in counties wherein there is no person qualified for the position of prosecuting attorney, or wherein no qualified person will consent to perform the duties of that office, the judge of the superior court shall appoint some suitable person, a duly admitted and practicing attorney-at-law and resident of the state to perform the duties of prosecuting attorney for such county, and he or she shall receive such reasonable compensation for his or her services as shall be fixed and ordered by the court, to be paid by the county for which the services are performed.
[ 2009 c 549 § 4046; 1963 c 4 § 36.27.030. Prior: (i) 1891 c 55 § 5; RRS § 114. (ii) 1893 c 52 § 1; 1886 p 62 § 14; 1883 p 74 § 19; Code 1881 § 2166; 1879 p 95 § 14; 1877 p 248 § 15; 1863 p 409 § 6; 1860 p 335 § 5; 1858 p 13 § 6; 1854 p 417 § 6; RRS § 4135.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.27 - Prosecuting Attorney. › 36.27.040 - Appointment of deputies—Special and temporary deputies.

RCW 36.27.040
Appointment of deputies—Special and temporary deputies.
The prosecuting attorney may appoint one or more deputies who shall have the same power in all respects as their principal. Each appointment shall be in writing, signed by the prosecuting attorney, and filed in the county auditor's office. Each deputy thus appointed shall have the same qualifications required of the prosecuting attorney, except that such deputy need not be a resident of the county in which he or she serves. The prosecuting attorney may appoint one or more special deputy prosecuting attorneys upon a contract or fee basis whose authority shall be limited to the purposes stated in the writing signed by the prosecuting attorney and filed in the county auditor's office. Such special deputy prosecuting attorney shall be admitted to practice as an attorney before the courts of this state but need not be a resident of the county in which he or she serves and shall not be under the legal disabilities attendant upon prosecuting attorneys or their deputies except to avoid any conflict of interest with the purpose for which he or she has been engaged by the prosecuting attorney. The prosecuting attorney shall be responsible for the acts of his or her deputies and may revoke appointments at will.
Two or more prosecuting attorneys may agree that one or more deputies for any one of them may serve temporarily as deputy for any other of them on terms respecting compensation which are acceptable to said prosecuting attorneys. Any such deputy thus serving shall have the same power in all respects as if he or she were serving permanently.
The provisions of chapter 39.34 RCW shall not apply to such agreements.
The provisions of *RCW 41.56.030(2) shall not be interpreted to permit a prosecuting attorney to alter the at-will relationship established between the prosecuting attorney and his or her appointed deputies by this section for a period of time exceeding his or her term of office. Neither shall the provisions of *RCW 41.56.030(2) require a prosecuting attorney to alter the at-will relationship established by this section.
[ 2009 c 549 § 4047; 2000 c 23 § 2; 1975 1st ex.s. c 19 § 2; 1963 c 4 § 36.27.040. Prior: 1959 c 30 § 1; 1943 c 35 § 1; 1903 c 7 § 1; 1891 c 55 § 6; 1886 p 63 § 17; 1883 p 76 § 23; Code 1881 § 2142; 1879 p 95 § 16; Rem. Supp. 1943 § 115.]
NOTES:
*Reviser's note: RCW 41.56.030 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (2) to subsection (12). RCW 41.56.030 was subsequently amended by 2011 1st sp.s. c 21 § 11, changing subsection (12) to subsection (11). RCW 41.56.030 was subsequently amended by 2020 c 298 § 1, changing subsection (11) to subsection (12).
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.27 - Prosecuting Attorney. › 36.27.045 - Employment of legal interns.

RCW 36.27.045
Employment of legal interns.
Notwithstanding any other provision of this chapter, nothing in this chapter shall be deemed to prevent a prosecuting attorney from employing legal interns as otherwise authorized by statute or court rule.
[ 1974 ex.s. c 6 § 1.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.27 - Prosecuting Attorney. › 36.27.050 - Special emoluments prohibited.

RCW 36.27.050
Special emoluments prohibited.
No prosecuting attorney shall receive any fee or reward from any person, on behalf of any prosecution, or for any of his or her official services, except as provided in this title, nor shall he or she be engaged as attorney or counsel for any party in any action depending upon the same facts involved in any criminal proceeding.
[ 2009 c 549 § 4048; 1963 c 4 § 36.27.050. Prior: 1888 p 189 § 1; 1886 p 62 § 12; 1883 p 74 § 17; Code 1881 § 2164; 1879 p 94 § 12; 1877 p 248 § 13; 1863 p 409 § 8; 1860 p 335 § 7; 1858 p 13 § 8; 1854 p 417 § 7; RRS § 4138.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.27 - Prosecuting Attorney. › 36.27.060 - Private practice prohibited in certain counties—Deputy prosecutors.

RCW 36.27.060
Private practice prohibited in certain counties—Deputy prosecutors.
(1) The prosecuting attorney, and deputy prosecuting attorneys, of each county with a population of eighteen thousand or more shall serve full time and except as otherwise provided for in this section shall not engage in the private practice of law.
(2) Deputy prosecuting attorneys in a county with a population of from eighteen thousand to less than one hundred twenty-five thousand may serve part time and engage in the private practice of law if the county legislative authority so provides.
(3) Except as provided in subsection (4) of this section, nothing in this section prohibits a prosecuting attorney or deputy prosecuting attorney in any county from:
(a) Performing legal services for himself or herself or his or her immediate family; or
(b) Performing legal services of a charitable nature.
(4) The legal services identified in subsection (3) of this section may not be performed if they would interfere with the duties of a prosecuting attorney, or deputy prosecuting attorney and no services that are performed shall be deemed within the scope of employment of a prosecutor or deputy prosecutor.
[ 1991 c 363 § 55; 1989 c 39 § 1; 1973 1st ex.s. c 86 § 1; 1971 ex.s. c 237 § 2; 1969 ex.s. c 226 § 2; 1963 c 4 § 36.27.060. Prior: 1941 c 46 § 2; Rem. Supp. 1941 § 4139-1.]
NOTES:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Effective date—1973 1st ex.s. c 86: "This 1973 amendatory act shall take effect on the second Monday in the month of January, 1975." [ 1973 1st ex.s. c 86 § 2.]
Severability—Effective date—1971 ex.s. c 237: See notes following RCW 36.17.020.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.27 - Prosecuting Attorney. › 36.27.070 - Office at county seat.

RCW 36.27.070
Office at county seat.
The prosecuting attorney of each county in the state of Washington must keep an office at the county seat of the county of which he or she is prosecuting attorney.
[ 2009 c 549 § 4049; 1963 c 4 § 36.27.070. Prior: 1909 c 122 § 1; RRS § 4139.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.27 - Prosecuting Attorney. › 36.27.100 - Statewide drug prosecution assistance program—Created.

RCW 36.27.100
Statewide drug prosecution assistance program—Created.
The legislature recognizes that, due to the magnitude or volume of offenses in a given area of the state, there is a recurring need for supplemental assistance in the prosecuting of drug and drug-related offenses that can be directed to the area of the state with the greatest need for short-term assistance. A statewide drug prosecution assistance program is created within the criminal justice training commission to assist county prosecuting attorneys in the prosecution of drug and drug-related offenses.
[ 2010 c 271 § 501; 1995 c 399 § 41; 1989 c 271 § 236.]
NOTES:
Purpose—Effective date—2010 c 271: See notes following RCW 43.330.005.
Severability—1989 c 271: See note following RCW 9.94A.510.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.27 - Prosecuting Attorney. › 36.27.110 - Statewide drug prosecution assistance program—Advisory committee—Selection of project director.

RCW 36.27.110
Statewide drug prosecution assistance program—Advisory committee—Selection of project director.
There is established a statewide advisory committee comprised of the attorney general, the chief of the Washington state patrol, both United States attorneys whose offices are located in Washington state, and three county prosecuting attorneys appointed by the Washington association of prosecuting attorneys, who will also act as supervising attorneys. The statewide advisory committee shall select one of the supervising attorneys to act as project director of the drug prosecution assistance program.
[ 1989 c 271 § 237.]
NOTES:
Severability—1989 c 271: See note following RCW 9.94A.510.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.27 - Prosecuting Attorney. › 36.27.120 - Statewide drug prosecution assistance program—Personnel—Review of assignments—Supervision of special deputies.

RCW 36.27.120
Statewide drug prosecution assistance program—Personnel—Review of assignments—Supervision of special deputies.
The project director of the drug prosecution assistance program shall employ up to five attorneys to act as special deputy prosecuting attorneys. A county or counties may request the assistance of one or more of the special deputy prosecuting attorneys. The project director after consultation with the advisory committee shall determine the assignment of the special deputy prosecutors. Within funds appropriated for this purpose, the project director may also employ necessary support staff and purchase necessary supplies and equipment.
The advisory committee shall regularly review the assignment of the special deputy prosecuting attorneys to ensure that the program's impact on the drug abuse problem is maximized.
During the time a special deputy prosecuting attorney is assigned to a county, the special deputy is under the direct supervision of the county prosecuting attorney for that county. The advisory committee may reassign a special deputy at any time: PROVIDED, That adequate notice must be given to the county prosecuting attorney if the special deputy is involved in a case scheduled for trial.
[ 1989 c 271 § 238.]
NOTES:
Severability—1989 c 271: See note following RCW 9.94A.510.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.27 - Prosecuting Attorney. › 36.27.130 - Felony resentencing.

RCW 36.27.130
Felony resentencing.
(1) The prosecutor of a county in which an offender was sentenced for a felony offense may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice.
(2) The court may grant or deny a petition under this section. If the court grants a petition, the court shall resentence the defendant in the same manner as if the offender had not previously been sentenced, provided the new sentence, if any, is no greater than the initial sentence.
(3) The court may consider postconviction factors including, but not limited to, the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice. Credit shall be given for time served.
(4) The prosecuting attorney shall make reasonable efforts to notify victims and survivors of victims of the petition for resentencing and the date of the resentencing hearing. The prosecuting attorney shall provide victims and survivors of victims access to available victim advocates and other related services. The court shall provide an opportunity for victims and survivors of victims of any crimes for which the offender has been convicted to present a statement personally or by representation. The prosecuting attorney and the court shall comply with the requirements set forth in chapter 7.69 RCW.
(5) A resentencing under this section shall not reopen the defendant's conviction to challenges that would otherwise be barred.
[ 2020 c 203 § 2.]
NOTES:
Intent—2020 c 203: "It is the intent of the legislature to give prosecutors the discretion to petition the court to resentence an individual if the person's sentence no longer advances the interests of justice. The purpose of sentencing is to advance public safety through punishment, rehabilitation, and restorative justice. When a sentence includes incarceration, this purpose is best served by terms that are proportionate to the seriousness of the offense and provide uniformity with the sentences of offenders committing the same offense under similar circumstances. By providing a means to reevaluate a sentence after some time has passed, the legislature intends to provide the prosecutor and the court with another tool to ensure that these purposes are achieved." [ 2020 c 203 § 1.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.010 - General duties.

RCW 36.28.010
General duties.
The sheriff is the chief executive officer and conservator of the peace of the county. In the execution of his or her office, he or she and his or her deputies:
(1) Shall arrest and commit to prison all persons who break the peace, or attempt to break it, and all persons guilty of public offenses;
(2) Shall defend the county against those who, by riot or otherwise, endanger the public peace or safety;
(3) Shall execute the process and orders of the courts of justice or judicial officers, when delivered for that purpose, according to law;
(4) Shall execute all warrants delivered for that purpose by other public officers, according to the provisions of particular statutes;
(5) Shall attend the sessions of the courts of record held within the county, and obey their lawful orders or directions;
(6) Shall keep and preserve the peace in their respective counties, and quiet and suppress all affrays, riots, unlawful assemblies and insurrections, for which purpose, and for the service of process in civil or criminal cases, and in apprehending or securing any person for felony or breach of the peace, they may call to their aid such persons, or power of their county as they may deem necessary.
[ 2009 c 549 § 4050; 1965 c 92 § 1; 1963 c 4 § 36.28.010. Prior: (i) 1891 c 45 § 1; RRS § 4157. (ii) Code 1881 § 2769; 1862 p 557 § 4; 1854 p 434 § 4; RRS § 4168.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.011 - Duty to make complaint.

RCW 36.28.011
Duty to make complaint.
In addition to the duties contained in RCW 36.28.010, it shall be the duty of all sheriffs to make complaint of all violations of the criminal law, which shall come to their knowledge, within their respective jurisdictions.
[ 1963 c 4 § 36.28.011. Prior: 1955 c 10 § 1. Cf. Code 1881 § 2801, part; 1869 p 264 § 311, part; RRS § 4173, part.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.020 - Powers of deputies, regular and special.

RCW 36.28.020
Powers of deputies, regular and special.
Every deputy sheriff shall possess all the power, and may perform any of the duties, prescribed by law to be performed by the sheriff, and shall serve or execute, according to law, all process, writs, precepts, and orders, issued by lawful authority.
Persons may also be deputed by the sheriff in writing to do particular acts; including the service of process in civil or criminal cases, and the sheriff shall be responsible on his or her official bond for their default or misconduct.
[ 2009 c 549 § 4051; 1963 c 4 § 36.28.020. Prior: 1961 c 35 § 2; prior: (i) Code 1881 § 2767, part; 1871 p 110 § 1, part; 1863 p 557 § 2, part; 1854 p 434 § 2, part; RRS § 4160, part. (ii) 1886 p 174 § 1; Code 1881 § 2768; 1863 p 557 § 3; 1854 p 434 § 3; RRS § 4167.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.025 - Qualifications.

RCW 36.28.025
Qualifications.
A person who files a declaration of candidacy for the office of sheriff after September 1, 1979, shall have, within twelve months of assuming office, a certificate of completion of a basic law enforcement training program which complies with standards adopted by the criminal justice training commission pursuant to RCW 43.101.080 and * 43.101.160.
This requirement does not apply to persons holding the office of sheriff in any county on September 1, 1979.
[ 1979 ex.s. c 153 § 6.]
NOTES:
*Reviser's note: RCW 43.101.160 was repealed by 1983 c 197 § 55, effective June 30, 1987.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.030 - New or additional bond of sheriff.

RCW 36.28.030
New or additional bond of sheriff.
Whenever the company acting as surety on the official bond of a sheriff is disqualified, insolvent, or the penalty of the bond becomes insufficient on account of recovery had thereon, or otherwise, the sheriff shall submit a new or additional bond for approval to the board of county commissioners, if in session, or, if not in session, for the approval of the chair of such board, and file the same, when approved, in the office of the county clerk of his or her county, and such new or additional bond shall be in a penal sum sufficient in amount to equal the sum specified in the original bond when added to the penalty of any existing bond, so that under one or more bonds there shall always be an enforceable obligation of the surety on the official bond or bonds of the sheriff in a penal sum of not less than the amount of the bond as originally approved.
[ 2009 c 549 § 4052; 1963 c 4 § 36.28.030. Prior: 1943 c 139 § 2; Rem. Supp. 1943 § 4155-1.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.040 - May demand fees in advance.

RCW 36.28.040
May demand fees in advance.
No sheriff, deputy sheriff, or coroner shall be liable for any damages for neglecting or refusing to serve any civil process unless his or her legal fees are first tendered him or her.
[ 2009 c 549 § 4053; 1963 c 4 § 36.28.040. Prior: 1941 c 237 § 1, part; 1935 c 33 § 1, part; Code 1881 § 2772, part; 1863 p 558 § 7, part; 1854 p 434 § 7, part; Rem. Supp. 1941 § 4172, part.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.050 - May demand indemnifying bond.

RCW 36.28.050
May demand indemnifying bond.
If any property levied upon by virtue of any writ of attachment or execution or other order issued to the sheriff out of any court in this state is claimed by any person other than the defendant, and such person or his or her agent or attorney makes affidavit of his or her title thereto or his or her right to possession thereof, stating the value thereof and the basis of such right or title, the sheriff may release such levy, unless the plaintiff on demand indemnifies the sheriff against such claim by an undertaking executed by a sufficient surety.
No claim to such property by any person other than the defendant shall be valid against the sheriff, unless the supporting affidavit is made. Notwithstanding receipt of a proper claim the sheriff shall retain such property under levy a reasonable time to demand such indemnity.
Any sheriff, or other levying officer, may require an indemnifying bond of the plaintiff in all cases where he or she has to take possession of personal property.
[ 2009 c 549 § 4054; 1963 c 4 § 36.28.050. Prior: 1941 c 237 § 1, part; 1935 c 33 § 1, part; Code 1881 § 2772, part; 1863 p 558 § 7, part; 1854 p 434 § 7, part; Rem. Supp. 1941 § 4172, part.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.060 - Duplicate receipts—Penalties.

RCW 36.28.060
Duplicate receipts—Penalties.
(1) The sheriff shall make duplicate receipts for all payments for his or her services specifying the particular items thereof, at the time of payment, whether paid by virtue of the laws of this state or of the United States. Such duplicate receipts shall be numbered consecutively for each month commencing with number one. One of such receipts shall have written or printed upon it the word "original"; and the other shall have written or printed upon it the word "duplicate."
(2) At the time of payment of any fees, the sheriff shall deliver to the person making payment, either personally or by mail, the copy of the receipt designated "duplicate."
(3) The receipts designated "original" for each month shall be attached to the verified statement of fees for the corresponding month and the sheriff shall file with the county treasurer of his or her county all original receipts for each month with such verified statement.
(4) A sheriff shall not receive his or her salary for the preceding month until the provisions of this section have been complied with.
(5) Any sheriff violating this section, or failing to perform any of the duties required thereby, is guilty of a misdemeanor and shall be fined in any sum not less than ten dollars nor more than fifty dollars for each offense.
[ 2003 c 53 § 202; 1963 c 4 § 36.28.060. Prior: (i) 1909 c 105 § 1; RRS § 4161. (ii) 1909 c 105 § 2; RRS § 4162.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.090 - Service of process when sheriff disqualified.

RCW 36.28.090
Service of process when sheriff disqualified.
When there is no sheriff of a county, or he or she is disqualified from any cause from discharging any particular duty, it shall be lawful for the officer or person commanding or desiring the discharge of that duty to appoint some suitable person, a citizen of the county, to execute the same: PROVIDED, That final process shall in no case be executed by any person other than the legally authorized officer; or in case he or she is disqualified, some suitable person appointed by the court, or judge thereof, out of which the process issues, who shall make such appointment in writing; and before such appointment shall take effect, the person appointed shall give security to the party interested for the faithful performance of his or her duties, which bond of suretyship shall be in writing, approved by the court or judge appointing him or her, and be placed on file with the papers in the case.
[ 2009 c 549 § 4055; 1963 c 4 § 36.28.090. Prior: Code 1881 § 745; 1869 p 172 § 687; RRS § 4170.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.100 - Employment of prisoners.

RCW 36.28.100
Employment of prisoners.
The sheriff or director of public safety shall employ all able bodied persons sentenced to imprisonment in the county jail in such manner and at such places within the county as may be directed by the legislative authority of the county.
[ 1973 1st ex.s. c 154 § 54; 1963 c 4 § 36.28.100. Prior: 1909 c 249 § 27; RRS § 2279.]
NOTES:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.110 - Sheriff not to practice law.

RCW 36.28.110
Sheriff not to practice law.
No sheriff shall appear or practice as attorney in any court, except in their own defense.
[ 1992 c 225 § 2; 1963 c 4 § 36.28.110. Prior: 1891 c 45 § 4, part; Code 1881 § 2770, part; 1863 p 558 § 5, part; 1854 p 434 § 5, part; RRS § 4171, part.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.120 - Duty of retiring sheriffs, constables, and coroners—Successors' duties.

RCW 36.28.120
Duty of retiring sheriffs, constables, and coroners—Successors' duties.
All sheriffs, constables and coroners, upon the completion of their term of office and the qualification of their successors, shall deliver and turn over to their successors all writs and other processes in their possession not wholly executed, and all personal property in their possession or under their control held under such writs or processes, and take receipts therefor in duplicate, one of which shall be filed in the office from which such writ or process issued as a paper in the action, which receipt shall be good and sufficient discharge to such officer of and from further charge of the execution of such writs and processes; and they shall also deliver to their successors all official papers and property in their possession or under their control. The successors shall execute or complete the execution of all such writs and processes, and finish and complete all business turned over to them.
[ 1963 c 4 § 36.28.120. Prior: 1895 c 17 § 1; RRS § 4174.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.130 - Actions by successors and by officials after expiration of term of office validated.

RCW 36.28.130
Actions by successors and by officials after expiration of term of office validated.
In all cases where any sheriff, constable or coroner has executed any writ or other process delivered to him or her by his or her predecessor, or has completed any business commenced by his or her predecessor under any writ or process, and has completed any other business commenced by his or her predecessor, and in all cases where any sheriff, constable or coroner has executed any writ or other process, or completed any business connected with his or her office after the expiration of his or her term of office, which writ or process he or she had commenced to execute, or which business he or she had commenced to perform, prior to the expiration of his or her term of office, such action shall be valid and effectual for all purposes.
[ 2009 c 549 § 4056; 1963 c 4 § 36.28.130. Prior: 1895 c 17 § 2; RRS § 4175.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.150 - Liability for fault or misconduct.

RCW 36.28.150
Liability for fault or misconduct.
Whenever any sheriff neglects to make due return of any writ or other process delivered to him or her to be executed, or is guilty of any default or misconduct in relation thereto, he or she shall be liable to fine or attachment, or both, at the discretion of the court, subject to appeal, such fine, however, not to exceed two hundred dollars; and also to an action for damages to the party aggrieved.
[ 2009 c 549 § 4057; 1963 c 4 § 36.28.150. Prior: Code 1881 § 2771; 1863 p 558 § 6; 1854 p 434 § 6; RRS § 4169.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.160 - Office at county seat.

RCW 36.28.160
Office at county seat.
The sheriff must keep an office at the county seat of the county of which he or she is sheriff.
[ 2009 c 105 § 3; 1963 c 4 § 36.28.160. Prior: 1891 c 45 § 2; RRS § 4158. SLC-RO-14.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.170 - Standard uniform for sheriffs and deputies.

RCW 36.28.170
Standard uniform for sheriffs and deputies.
The executive secretary of the Washington state association of elected county officials, upon written approval of a majority of the sheriffs in the state, shall file with the secretary of state a description of a standard uniform which may be withdrawn or modified by re-filing in the same manner as originally filed. A uniform of the description so filed shall thereafter be reserved exclusively for the use of sheriffs and their deputies: PROVIDED, That the filing of a standard uniform description shall not make mandatory the adoption of said uniform by any county sheriff or his or her deputies.
[ 2009 c 549 § 4059; 1963 c 50 § 1.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.180 - Allowance for clothing and other incidentals.

RCW 36.28.180
Allowance for clothing and other incidentals.
A county may from available funds provide for an allowance for clothing and other incidentals necessary to the performance of official duties for the sheriff and his or her deputies.
[ 2009 c 549 § 4060; 1979 c 132 § 1; 1963 c 50 § 2.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28 - County Sheriff. › 36.28.200 - Statewide sexual assault kit tracking system—Participation by sheriff and deputies.

RCW 36.28.200
Statewide sexual assault kit tracking system—Participation by sheriff and deputies.
A sheriff and his or her deputies shall participate in the statewide sexual assault kit tracking system established in RCW 43.43.545 for the purpose of tracking the status of all sexual assault kits in the custody of the department and other entities contracting with the department. A sheriff shall begin full participation in the system according to the implementation schedule established by the Washington state patrol.
[ 2016 c 173 § 4.]
NOTES:
Finding—Intent—2016 c 173: See note following RCW 43.43.545.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28A - Association of Sheriffs and Police Chiefs. › 36.28A.010 - Declarations.

RCW 36.28A.010
Declarations.
The Washington association of sheriffs and police chiefs is hereby declared to be a combination of units of local government: PROVIDED, That such association shall not be considered an "employer" within the meaning of RCW * 41.26.030(2) or ** 41.40.010(4): PROVIDED FURTHER, That no compensation received as an employee of the association shall be considered salary for purposes of the provisions of any retirement system created pursuant to the general laws of this state: PROVIDED FURTHER, That such association shall not qualify for inclusion under the unallocated two mills of the property tax of any political subdivision: PROVIDED FURTHER, That the association shall not have the authority to assess any excess levy or bond measure.
[ 1975 1st ex.s. c 172 § 1.]
NOTES:
Reviser's note: *(1) RCW 41.26.030 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (2) to subsection (14).
**(2) RCW 41.40.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (4) to subsection (13).
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28A - Association of Sheriffs and Police Chiefs. › 36.28A.020 - Local law and justice plan assistance.

RCW 36.28A.020
Local law and justice plan assistance.
The Washington association of sheriffs and police chiefs may, upon request of a county's legislative authority, assist the county in developing and implementing its local law and justice plan. In doing so, the association shall consult with the office of financial management and the department of corrections.
[ 1991 c 363 § 56.]
NOTES:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28A - Association of Sheriffs and Police Chiefs. › 36.28A.030 - Hate crime offenses—Information reporting and dissemination.

RCW 36.28A.030
Hate crime offenses—Information reporting and dissemination.
(1) The Washington association of sheriffs and police chiefs shall establish and maintain a central repository for the collection and classification of information regarding violations of RCW 9A.36.080. Upon establishing such a repository, the association shall develop a procedure to monitor, record, and classify information relating to violations of RCW 9A.36.080 and any other crimes of bigotry or bias apparently directed against other persons because the people committing the crimes perceived that their victims were of a particular race, color, religion, ancestry, national origin, gender, sexual orientation, had a particular gender expression or identity, or had a mental, physical, or sensory disability.
(2) All local law enforcement agencies shall report monthly to the association concerning all violations of RCW 9A.36.080 and any other crimes of bigotry or bias in such form and in such manner as prescribed by rules adopted by the association. Agency participation in the association's reporting programs, with regard to the specific data requirements associated with violations of RCW 9A.36.080 and any other crimes of bigotry or bias, shall be deemed to meet agency reporting requirements. The association must summarize the information received and file an annual report with the governor and the senate law and justice committee and the house of representatives judiciary committee.
(3) The association shall disseminate the information according to the provisions of chapters 10.97 and 10.98 RCW, and all other confidentiality requirements imposed by federal or Washington law.
[ 2019 c 271 § 9; 1993 c 127 § 4.]
NOTES:
Severability—1993 c 127: See note following RCW 9A.36.078.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28A - Association of Sheriffs and Police Chiefs. › 36.28A.0401 - Statewide automated victim information and notification system—Vendor services.

RCW 36.28A.0401
Statewide automated victim information and notification system—Vendor services.
In Washington any vendor contracted to provide a statewide automated victim notification service must deliver the service with a minimum of 99.95-percent availability and with less than an average of one-percent notification errors as a result of the vendor's technology.
[ 2007 c 204 § 2.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28A - Association of Sheriffs and Police Chiefs. › 36.28A.0402 - Statewide automated victim information and notification system—Department of corrections data.

RCW 36.28A.0402
Statewide automated victim information and notification system—Department of corrections data.
The department of corrections is not required to provide any data to the Washington association of sheriffs and police chiefs for the statewide automated victim information and notification system as stated in RCW 36.28A.040, until January 1, 2010.
[ 2007 c 204 § 3.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28A - Association of Sheriffs and Police Chiefs. › 36.28A.050 - Statewide city and county jail booking and reporting system—Grant fund.

RCW 36.28A.050
Statewide city and county jail booking and reporting system—Grant fund.
(1) The Washington association of sheriffs and police chiefs shall establish and manage a local jail booking system grant fund. All federal or state money collected to offset the costs associated with RCW 36.28A.040(2) shall be processed through the grant fund established by this section. The statewide jail booking and reporting system standards committee established under RCW 36.28A.040(4) shall distribute the grants in accordance with any standards it develops.
(2) The Washington association of sheriffs and police chiefs shall pursue federal funding to be placed into the local jail booking system grant fund.
[ 2000 c 3 § 2.]
NOTES:
Contingent expiration date—2000 c 3: See note following RCW 36.28A.040.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28A - Association of Sheriffs and Police Chiefs. › 36.28A.080 - Immunity from liability.

RCW 36.28A.080
Immunity from liability.
Units of local government and their employees, as provided in RCW 36.28A.010, are immune from civil liability for damages arising out of the creation and use of the statewide first responder building mapping information system, unless it is shown that an employee acted with gross negligence or bad faith.
[ 2003 c 102 § 4.]
NOTES:
Intent—2003 c 102: "The legislature recognizes the extreme dangers present when the safety of our citizens requires first responders such as police and firefighters to evacuate and secure a building. In an effort to prepare for responding to unintended disasters, criminal acts, and acts of terrorism, the legislature intends to create a statewide first responder building mapping information system that will provide all first responders with the information they need to be successful when disaster strikes. The first responder building mapping system in this act is to be developed for a limited and specific purpose and is in no way to be construed as imposing standards or system requirements on any other mapping systems developed and used for any other local government purposes." [ 2003 c 102 § 1.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28A - Association of Sheriffs and Police Chiefs. › 36.28A.090 - Firearms certificates for qualified retired law enforcement officers.

RCW 36.28A.090
Firearms certificates for qualified retired law enforcement officers.
(1) The purpose of this section is to establish a process for issuing firearms certificates to residents of Washington who are otherwise qualified retired law enforcement officers under the federal law enforcement officers safety act of 2004 (118 Stat. 865; 18 U.S.C. Sec. 926B and 926C) for the purpose of satisfying the certification requirements contained in that act.
(2) A retired law enforcement officer satisfies the federal certification requirements if he or she possesses a valid firearms qualification certificate that:
(a) Uses the model certificate created under subsection (4) of this section;
(b) Provides that either a law enforcement agency or an individual or entity certified to provide firearms training acknowledges that the bearer has been found qualified or otherwise found to meet the standards established by the criminal justice training commission for firearms qualification for the basic law enforcement training academy in the state; and
(c) Complies with the time restrictions provided under subsection (3) of this section.
(3) The firearms certificate is valid for a period of one year from the date that the law enforcement agency or individual or entity certified to provide firearms training determines that the bearer has been found qualified or otherwise found to meet the standards established by the criminal justice training commission for firearms qualification for the basic law enforcement training academy in the state, and the certificate shall state the date the determination was made.
(4) The Washington association of sheriffs and police chiefs shall develop a model certificate that shall serve as the required firearms qualification certificate once the certificate is valid pursuant to subsection (2) of this section. The association shall make the model certificate accessible on its website. The model certificate shall state that the retired law enforcement officer bearing the certificate has been qualified or otherwise found to meet the standards established by the criminal justice training commission for firearms qualification for the basic law enforcement training academy in the state.
(5) The retired law enforcement officer is responsible for paying the costs of the firearms qualification required under subsection (2) of this section.
(6) Nothing in this section shall be deemed to require a local law enforcement agency to complete the certificate.
[ 2010 c 264 § 1; 2006 c 40 § 1.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28A - Association of Sheriffs and Police Chiefs. › 36.28A.100 - Committee to improve administration of missing person information—Protocol endorsement.

RCW 36.28A.100
Committee to improve administration of missing person information—Protocol endorsement.
The Washington association of county officials, in consultation with the Washington association of sheriffs and police chiefs, the Washington association of coroners and medical examiners, the forensic investigations council, the Washington state patrol, and other interested agencies and individuals, shall convene a committee to coordinate the use of the latest technology and available science to improve reporting of missing persons, to improve the communication within the state and with national databases, to enhance the dissemination of information to other agencies and the public, and to improve reporting for missing persons and the collection and preservation of evidence.
Protocols for the investigation of reported missing persons, identification of human remains, and recommended protocols for the reporting and identification of persons missing as the result of major events not limited to tsunami, earthquake, or acts of terrorism shall be endorsed by the groups named in this section who shall then seek the voluntary adoption of the same by all local law enforcement agencies, coroners, medical examiners, and others charged with locating missing persons or identifying human remains.
[ 2006 c 102 § 2.]
NOTES:
Finding—Intent—2006 c 102: "The legislature finds that there were over forty-six thousand reports of persons missing nationwide and over five hundred missing persons in the state of Washington. Major catastrophic events in other parts of the United States this year have also emphasized that identifying victims in mass disasters is often impossible, due to the deficiency in planning by communities and governments. It is the intent of this act to build upon the research and findings of the Washington state missing persons task force, assembled by the state attorney general in 2003, the United States department of justice, and others to aid in recovery of missing persons and the identification of human remains." [ 2006 c 102 § 1.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28A - Association of Sheriffs and Police Chiefs. › 36.28A.110 - Missing persons information website creation.

RCW 36.28A.110
Missing persons information website creation.
The Washington association of sheriffs and police chiefs shall create and maintain a statewide website, which shall be available to the public. The website shall post relevant information concerning persons reported missing in the state of Washington. For missing persons, the website shall contain, but is not limited to: The person's name, physical description, photograph, and other information that is deemed necessary according to the adopted protocols. This website shall allow citizens to more broadly disseminate information regarding missing persons for at least thirty days.
[ 2007 c 10 § 3; 2006 c 102 § 4.]
NOTES:
Intent—2007 c 10: See note following RCW 43.103.110.
Finding—Intent—2006 c 102: See note following RCW 36.28A.100.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28A - Association of Sheriffs and Police Chiefs. › 36.28A.112 - Missing persons information website—Transmittal of information to the national missing and unidentified persons system.

RCW 36.28A.112
Missing persons information website—Transmittal of information to the national missing and unidentified persons system.
When funded, the Washington association of sheriffs and police chiefs must regularly transmit information contained within the statewide missing persons website created pursuant to RCW 36.28A.110 to the national missing and unidentified persons system created by the United States department of justice's national institute of justice.
[ 2020 c 45 § 4.]
NOTES:
Findings—Intent—Short title—2020 c 45: See notes following RCW 68.50.320.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28A - Association of Sheriffs and Police Chiefs. › 36.28A.120 - State patrol involvement with missing persons systems—Local law enforcement procedures for missing persons information.

RCW 36.28A.120
State patrol involvement with missing persons systems—Local law enforcement procedures for missing persons information.
The Washington state patrol shall establish an interface with local law enforcement and the Washington association of sheriffs and police chiefs missing persons website, the toll-free twenty-four hour hotline, and national and other statewide missing persons systems or clearinghouses.
Local law enforcement agencies shall file an official missing persons report and enter biographical information into the state missing persons computerized network without delay after notification of a missing person's report is received under this chapter.
[ 2007 c 10 § 4; 2006 c 102 § 5.]
NOTES:
Intent—2007 c 10: See note following RCW 43.103.110.
Finding—Intent—2006 c 102: See note following RCW 36.28A.100.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28A - Association of Sheriffs and Police Chiefs. › 36.28A.130 - Washington auto theft prevention authority—Created.

RCW 36.28A.130
Washington auto theft prevention authority—Created.
There is hereby created in the Washington association of sheriffs and police chiefs the Washington auto theft prevention authority which shall be under the direction of the executive director of the Washington association of sheriffs and police chiefs.
[ 2007 c 199 § 19.]
NOTES:
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.28A - Association of Sheriffs and Police Chiefs. › 36.28A.140 - Development of model policy to address property access during forest fires and wildfires.

RCW 36.28A.140
Development of model policy to address property access during forest fires and wildfires.
(1) The Washington association of sheriffs and police chiefs shall convene a model policy work group to develop a model policy for sheriffs regarding residents, landowners, and others in lawful possession and control of land in the state during a forest fire or wildfire. The model policy must be designed in a way that, first and foremost, protects life and safety during a forest fire or wildfire. The model policy must include guidance on allowing access, when safe and appropriate, to residents, landowners, and others in lawful possession and control of land in the state during a wildfire or forest fire. The model policy must specifically address procedures to allow, when safe and appropriate, residents, landowners, and others in lawful possession and control of land in the state access to their residences and land to:
(a) Conduct fire prevention or suppression activities;
(b) Protect or retrieve any property located in their residences or on their land, including equipment, livestock, or any other belongings; or
(c) Undertake activities under both (a) and (b) of this subsection.
(2) In developing the policy under subsection (1) of this section, the association shall consult with appropriate stakeholders and government agencies.
[ 2007 c 252 § 1.]