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9.82.020 | Levying war. | To constitute levying war against the state an actual act of war must be committed. To conspire to levy war is not enough. When persons arise in insurrection with intent to prevent, in general, by force and intimidation, the execution of a statute of this state, or to force its repeal, they shall be guilty of levying w... |
9.82.030 | Misprision of treason. | Every person having knowledge of the commission of treason, who conceals the same, and does not, as soon as may be, disclose such treason to the governor or a justice of the supreme court or a judge of either the court of appeals or the superior court, shall be guilty of misprision of treason and punished by a fine of ... |
9.86.010 | "Flag," etc., defined. | The words flag, standard, color, ensign or shield, as used in this chapter, shall include any flag, standard, color, ensign or shield, or copy, picture or representation thereof, made of any substance or represented or produced thereon, and of any size, evidently purporting to be such flag, standard, color, ensign or s... |
9.86.020 | Improper use of flag prohibited. | (1) No person shall, in any manner, for exhibition or display: (a) Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag, standard, color, ensign or shield of the United States or of this state, or authorized by any law of the United States or of this ... |
9.86.030 | Desecration of flag. | (1) No person shall knowingly cast contempt upon any flag, standard, color, ensign or shield, as defined in RCW 9.86.010 , by publicly mutilating, defacing, defiling, burning, or trampling upon the flag, standard, color, ensign or shield. (2) A violation of this section is a gross misdemeanor.
[ 2003 c 53 s 48 ; 1969 e... |
9.86.040 | Application of provisions. | This chapter shall not apply to any act permitted by the statutes of the United States or of this state, or by the United States army and navy regulations, nor shall it apply to any printed or written document or production, stationery, ornament, picture or jewelry whereon shall be depicted said flag, standard, color, ... |
9.91.010 | Denial of civil rights—Terms defined. | Terms used in this section shall have the following definitions: (1)(a) "Every person" shall be construed to include any owner, lessee, proprietor, manager, agent or employee whether one or more natural persons, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees, rece... |
9.91.020 | Operating railroad, steamboat, vehicle, etc., while intoxicated. | Every person who, being employed upon any railway, as engineer, motor operator, grip operator, conductor, switch tender, fire tender, bridge tender, flagger, or signal operator, or having charge of stations, starting, regulating, or running trains upon a railway, or being employed as captain, engineer, or other officer... |
9.91.025 | Unlawful transit conduct. | (1) A person is guilty of unlawful transit conduct if, while on or in a transit vehicle or in or at a transit station, he or she knowingly: (a) Smokes or carries a lighted or smoldering pipe, cigar, or cigarette, unless he or she is smoking in an area designated and authorized by the transit authority; (b) Discards lit... |
9.91.060 | Leaving children unattended in parked automobile. | Every person having the care and custody, whether temporary or permanent, of minor children under the age of twelve years, who shall leave such children in a parked automobile unattended by an adult while such person enters a tavern or other premises where vinous, spirituous, or malt liquors are dispensed for consumpti... |
9.91.130 | Disposal of trash in charity donation receptacle. | (1) It is unlawful for any person to throw, drop, deposit, discard, or otherwise dispose of any trash, including, but not limited to items that have deteriorated to the extent that they are no longer of monetary value or of use for the purpose they were intended; garbage, including any organic matter; or litter, in or ... |
9.91.140 | Food stamps—Unlawful sale. | A person who sells food stamps obtained through the program established under RCW 74.04.500 or food stamp benefits transferred electronically, or food purchased therewith, is guilty of the following: (1) A gross misdemeanor if the value of the stamps, benefits, or food transferred exceeds one hundred dollars; or (2) A ... |
9.91.142 | Food stamps—Trafficking. | A person who purchases, or who otherwise acquires and sells, or who traffics in, food stamps as defined by the federal food stamp act, as amended, 7 U.S.C. Sec. 2011 et seq., or food stamp benefits transferred electronically, is guilty of the following: (1) A class C felony punishable according to chapter 9A.20 RCW if ... |
9.91.144 | Food stamps—Unlawful redemption. | A person who, in violation of 7 U.S.C. Sec. 2024(c), obtains and presents food stamps as defined by the federal food stamp act, as amended, 7 U.S.C. Sec. 2011 et seq., or food stamp benefits transferred electronically, for redemption or causes such stamps or benefits to be presented for redemption through the program e... |
9.91.150 | Tree spiking. | (1) Any person who maliciously drives or places in any tree, forest material, forest debris, or other wood material any iron, steel, ceramic, or other substance sufficiently hard to injure saws or wood processing or manufacturing equipment, for the purpose of hindering logging or timber harvesting activities, is guilty... |
9.91.155 | Tree spiking—Action for damages. | Any person who is damaged by any act prohibited in RCW 9.91.150 may bring a civil action to recover damages sustained, including a reasonable attorney's fee. A party seeking civil damages under this section may recover upon proof of a violation of the provisions of RCW 9.91.150 by a preponderance of the evidence.
[ 198... |
9.91.160 | Personal protection spray devices. | (1) It is unlawful for a person under eighteen years old, unless the person is at least fourteen years old and has the permission of a parent or guardian to do so, to purchase or possess a personal protection spray device. A violation of this subsection is a misdemeanor. (2) No town, city, county, special purpose distr... |
9.91.170 | Interfering with dog guide or service animal. | (1)(a) Any person who has received notice that his or her behavior is interfering with the use of a dog guide or service animal who continues with reckless disregard to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service ... |
9.91.175 | Interfering with search and rescue dog. | (1)(a)(i) Any person who has received notice that his or her behavior is interfering with the use of an on-duty search and rescue dog who continues with reckless disregard to interfere with the use of an on-duty search and rescue dog by obstructing, intimidating, or otherwise jeopardizing the safety of the search and r... |
9.92.005 | Penalty assessments in addition to fine or bail forfeiture—Crime victims compensation account. | See RCW 7.68.035 . |
9.92.010 | Punishment of felony when not fixed by statute. | Every person convicted of a felony for which no maximum punishment is specially prescribed by any statutory provision in force at the time of conviction and sentence, shall be punished by confinement or fine which shall not exceed confinement in a state correctional institution for a term of ten years, or by a fine in ... |
9.92.020 | Punishment of gross misdemeanor when not fixed by statute. | Every person convicted of a gross misdemeanor for which no punishment is prescribed in any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of up to three hundred sixty-four days, or by a fine in an amount fixed by the co... |
9.92.030 | Punishment of misdemeanor when not fixed by statute. | Every person convicted of a misdemeanor for which no punishment is prescribed by any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more ... |
9.92.040 | Punishment for contempt. | A criminal act which at the same time constitutes contempt of court, and has been punished as such, may also be punished as a crime, but in such case the punishment for contempt may be considered in mitigation.
[ 1909 c 249 s 21 ; RRS s 2273.]
Contempt: Chapter 7.21 RCW. |
9.92.060 | Suspending sentences. | (1) Whenever any person is convicted of any crime except murder, burglary in the first degree, arson in the first degree, robbery, rape of a child, or rape, the superior court may, in its discretion, at the time of imposing sentence upon such person, direct that such sentence be stayed and suspended until otherwise ord... |
9.92.062 | Suspended sentence—Termination date—Application. | In all cases prior to August 9, 1971, wherein the execution of sentence has been suspended pursuant to RCW 9.92.060 , such person may apply to the court by which he or she was convicted and sentenced to establish a definite termination date for the suspended sentence. The court shall set a date no later than the time t... |
9.92.064 | Suspended sentence—Termination date, establishment—Modification of terms. | In the case of a person granted a suspended sentence under the provisions of RCW 9.92.060 , the court shall establish a definite termination date for the suspended sentence. The court shall set a date no later than the time the original sentence would have elapsed and may provide for an earlier termination of the suspe... |
9.92.066 | Termination of suspended sentence—Restoration of civil rights—Vacation of conviction. | (1) Upon termination of any suspended sentence under RCW 9.92.060 or 9.95.210 , such person may apply to the court for restoration of his or her civil rights not already restored by RCW 29A.08.520 . Thereupon the court may in its discretion enter an order directing that such defendant shall thereafter be released from ... |
9.92.070 | Payment of fine and costs in installments. | Hereafter whenever any judge of any superior court or a district or municipal judge shall sentence any person to pay any fines, penalties, assessments, fees, and costs, the judge may, in the judge's discretion, provide that such fines, penalties, assessments, fees, and costs may be paid in certain designated installmen... |
9.92.080 | Sentence on two or more convictions or counts. | (1) Whenever a person while under sentence of felony shall commit another felony and be sentenced to another term of imprisonment, such latter term shall not begin until the expiration of all prior terms: PROVIDED, That any person granted probation pursuant to the provisions of RCW 9.95.210 and/or 9.92.060 shall not be... |
9.92.090 | Habitual criminals. | Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who shall previously have been convicted, whether in this state or elsewhere, of any crime which under the laws of this state would amount to a felony, or who shall previously have... |
9.92.110 | Convicts protected—Forfeitures abolished. | Every person sentenced to imprisonment in any penal institution shall be under the protection of the law, and any unauthorized injury to his or her person shall be punished in the same manner as if he or she were not so convicted or sentenced. A conviction of crime shall not work a forfeiture of any property, real or p... |
9.92.120 | Conviction of public officer forfeits trust. | The conviction of a public officer of any felony or malfeasance in office shall entail, in addition to such other penalty as may be imposed, the forfeiture of his or her office, and shall disqualify him or her from ever afterward holding any public office in this state.
[ 2011 c 336 s 333 ; 1909 c 249 s 37 ; RRS s 2289... |
9.92.130 | City jail prisoners may be compelled to work. | When a person has been sentenced by any municipal or district judge in this state to a term of imprisonment in a city jail, whether in default of payment of a fine or otherwise, such person may be compelled on each day of such term, except Sundays, to perform eight hours' labor upon the streets, public buildings, and g... |
9.92.140 | County jail prisoners may be compelled to work. | When a person has been sentenced by a district judge or a judge of the superior court to a term of imprisonment in the county jail, whether in default of payment of a fine, or costs or otherwise; such person may be compelled to work eight hours, each day of such term, in and about the county buildings, public roads, st... |
9.92.151 | Early release for good behavior. | (1) Except as provided in subsection (2) of this section, the sentence of a prisoner confined in a county jail facility for a felony, gross misdemeanor, or misdemeanor conviction may be reduced by earned release credits in accordance with procedures that shall be developed and promulgated by the correctional agency hav... |
9.92.200 | Chapter not to affect dispositions under juvenile justice act. | No provision of this chapter shall authorize a court to suspend or defer the imposition or the execution of a disposition under chapter 13.40 RCW, as now law or hereafter amended.
[ 1981 c 299 s 21 .] |
9.92.900 | RCW *9.92.050through9.92.090inapplicable to felonies committed on or after July 1, 1984. | The following sections of law do not apply to any felony offense committed on or after July 1, 1984: RCW * 9.92.050 , 9.92.060 , 9.92.062 , 9.92.064 , 9.92.066 , 9.92.070 , 9.92.080 , and 9.92.090 .
[ 1984 c 209 s 2 ; 1981 c 137 s 31 .]
*Reviser's note: RCW 9.92.050 was repealed by 1992 c 7 s 64 .
Effective dates — 198... |
9.94.010 | Prison riot—Penalty. | (1) Whenever two or more inmates of a correctional institution assemble for any purpose, and act in such a manner as to disturb the good order of the institution and contrary to the commands of the officers of the institution, by the use of force or violence, or the threat thereof, and whether acting in concert or not,... |
9.94.030 | Holding person hostage—Interference with officer's duties. | Whenever any inmate of a correctional institution shall hold, or participate in holding, any person as a hostage, by force or violence, or the threat thereof, or shall prevent, or participate in preventing an officer of such institution from carrying out his or her duties, by force or violence, or the threat thereof, h... |
9.94.040 | Weapons—Possession, etc., by prisoner prohibited—Penalty. | (1) Every person serving a sentence in any state correctional institution who, without legal authorization, while in the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the con... |
9.94.041 | Narcotic drugs, controlled substances, alcohol, cannabis, other intoxicant, cell phone, or other form of electronic telecommunications device—Possession, etc., by prisoners—Penalty. | (1) Every person serving a sentence in any state correctional institution who, without legal authorization, while in the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the con... |
9.94.043 | Deadly weapons—Possession on premises by person not a prisoner—Penalty. | A person, other than a person serving a sentence in a penal institution of this state, is guilty of possession of contraband on the premises of a state correctional institution in the first degree if, without authorization to do so, the person knowingly possesses or has under his or her control a deadly weapon on or in... |
9.94.045 | Narcotic drugs or controlled substances—Possession by person not a prisoner—Penalty. | A person, other than a person serving a sentence in a penal institution of this state, is guilty of possession of contraband on the premises of a state correctional institution in the second degree if, without authorization to do so, the person knowingly possesses or has under his or her control any narcotic drug or co... |
9.94.047 | Posting of perimeter of premises of institutions covered by RCW9.94.040through9.94.049. | The perimeter of the premises of correctional institutions covered by RCW 9.94.040 through 9.94.049 shall be posted at reasonable intervals to alert the public as to the existence of RCW 9.94.040 through 9.94.049 .
[ 1979 c 121 s 5 .] |
9.94.049 | "Correctional institution" and "state correctional institution" defined. | (1)(a) For the purposes of this chapter, except for RCW 9.94.010 , the term "correctional institution" means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest, including state prisons, county and local jails, juvenile detention centers, and other facilit... |
9.94.050 | Correctional employees. | Any correctional employee, while acting in the supervision and transportation of prisoners, and in the apprehension of prisoners who have escaped, shall have the powers and duties of a peace officer.
[ 1992 c 7 s 22 ; 1955 c 241 s 5 .] |
9.94.070 | Persistent prison misbehavior. | (1) An inmate of a state correctional institution who is serving a sentence for an offense committed on or after August 1, 1995, commits the crime of persistent prison misbehavior if the inmate knowingly commits a serious infraction, that does not constitute a class A or class B felony, after losing all potential earne... |
9.94A.010 | Purpose. | The purpose of this chapter is to make the criminal justice system accountable to the public by developing a system for the sentencing of felony offenders which structures, but does not eliminate, discretionary decisions affecting sentences, and to: (1) Ensure that the punishment for a criminal offense is proportionate... |
9.94A.015 | Finding—Intent—2000 c 28. | The sentencing reform act has been amended many times since its enactment in 1981. While each amendment promoted a valid public purpose, some sections of the act have become unduly lengthy and repetitive. The legislature finds that it is appropriate to adopt clarifying amendments to make the act easier to use and under... |
9.94A.020 | Short title. | This chapter may be known and cited as the sentencing reform act of 1981.
[ 1981 c 137 s 2 .] |
9.94A.030 | Definitions.(Effective until January 1, 2026.) | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Board" means the indeterminate sentence review board created under chapter 9.95 RCW. (2) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the... |
9.94A.035 | Classification of felonies not in Title9ARCW. | For a felony defined by a statute of this state that is not in Title 9A RCW, unless otherwise provided: (1) If the maximum sentence of imprisonment authorized by law upon a first conviction of such felony is twenty years or more, such felony shall be treated as a class A felony for purposes of this chapter; (2) If the ... |
9.94A.171 | Tolling of term of confinement, supervision. | (1) A term of confinement ordered in a sentence pursuant to this chapter shall be tolled by any period of time during which the offender has absented himself or herself from confinement without the prior approval of the entity in whose custody the offender has been placed. A term of partial confinement shall be tolled ... |
9.94A.190 | Terms of more than one year or less than one year—Where served—Reimbursement of costs.(Effective until January 1, 2026.) | (1) A sentence that includes a term or terms of confinement totaling more than one year shall be served in a facility or institution operated, or utilized under contract, by the state, or in home detention pursuant to RCW 9.94A.6551 or the graduated reentry program under RCW 9.94A.733 . Except as provided in subsection... |
9.94A.340 | Equal application. | The sentencing guidelines and prosecuting standards apply equally to offenders in all parts of the state, without discrimination as to any element that does not relate to the crime or the previous record of the defendant.
[ 1983 c 115 s 5 .] |
9.94A.345 | Timing. | Except as otherwise provided in this chapter, any sentence imposed under this chapter shall be determined in accordance with the law in effect when the current offense was committed.
[ 2021 c 286 s 2 ; 2021 c 141 s 2 ; 2000 c 26 s 2 .]
Effective date — 2021 c 286: "This act is necessary for the immediate preservation o... |
9.94A.401 | Introduction. | These standards are intended solely for the guidance of prosecutors in the state of Washington. They are not intended to, do not and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state.
[ 1983 c 115 s 14 . Formerly RCW 9.94A.430 .] |
9.94A.411 | Evidentiary sufficiency. | (1) Decision not to prosecute. STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for th... |
9.94A.421 | Plea agreements—Discussions—Contents of agreements. | The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea to a charged offense or to a lesser or related offense, the prosecutor will do any of the following: (1) Move for dismissal of othe... |
9.94A.431 | Plea agreements—Information to court—Approval or disapproval—Sentencing judge not bound. | (1) If a plea agreement has been reached by the prosecutor and the defendant pursuant to RCW 9.94A.421 , they shall at the time of the defendant's plea state to the court, on the record, the nature of the agreement and the reasons for the agreement. The prosecutor shall inform the court on the record whether the victim... |
9.94A.441 | Plea agreements—Criminal history. | The prosecuting attorney and the defendant shall each provide the court with their understanding of what the defendant's criminal history is prior to a plea of guilty pursuant to a plea agreement. All disputed issues as to criminal history shall be decided at the sentencing hearing.
[ 1981 c 137 s 10 . Formerly RCW 9.9... |
9.94A.450 | Plea dispositions. | STANDARD: (1) Except as provided in subsection (2) of this section, a defendant will normally be expected to plead guilty to the charge or charges which adequately describe the nature of his or her criminal conduct or go to trial. (2) In certain circumstances, a plea agreement with a defendant in exchange for a plea of... |
9.94A.460 | Sentence recommendations. | STANDARD: The prosecutor may reach an agreement regarding sentence recommendations. The prosecutor shall not agree to withhold relevant information from the court concerning the plea agreement.
[ 1983 c 115 s 17 .] |
9.94A.470 | Armed offenders. | Notwithstanding the current placement or listing of crimes in categories or classifications of prosecuting standards for deciding to prosecute under RCW 9.94A.411 (2), any and all felony crimes involving any deadly weapon special verdict under *RCW 9.94A.602 , any deadly weapon enhancements under RCW 9.94A.533 (3) or (... |
9.94A.475 | Plea agreements and sentences for certain offenders—Public records. | Any and all recommended sentencing agreements or plea agreements and the sentences for any and all felony crimes shall be made and retained as public records if the felony crime involves: (1) Any violent offense as defined in this chapter; (2) Any most serious offense as defined in this chapter; (3) Any felony with a d... |
9.94A.480 | Judgment and sentence document—Delivery to caseload forecast council. | (1) A current, newly created or reworked judgment and sentence document for each felony sentencing shall record any and all recommended sentencing agreements or plea agreements and the sentences for any and all felony crimes kept as public records under RCW 9.94A.475 shall contain the clearly printed name and legal sig... |
9.94A.500 | Sentencing hearing—Presentencing procedures—Disclosure of mental health services information. | (1) Before imposing a sentence upon a defendant, the court shall conduct a sentencing hearing. The sentencing hearing shall be held within forty court days following conviction. Upon the motion of either party for good cause shown, or on its own motion, the court may extend the time period for conducting the sentencing... |
9.94A.501 | Department must supervise specified individuals—Risk assessment of felony offenders.(Effective until January 1, 2026.) | (1) The department shall supervise the following individuals who are sentenced to probation in superior court, pursuant to RCW 9.92.060 , 9.95.204 , or 9.95.210 : (a) Individuals convicted of: (i) Sexual misconduct with a minor second degree; (ii) Custodial sexual misconduct second degree; (iii) Communication with a mi... |
9.94A.502 | Domestic violence risk assessment tool. | (1) The Washington State University department of criminal justice shall develop a tool to be used in conjunction with the Washington one risk assessment that would specifically predict whether the offender will commit domestic violence in the future. The domestic violence tool may incorporate relevant court records in... |
9.94A.505 | Sentences.(Effective until January 1, 2026.) | (1) When a person is convicted of a felony, the court shall impose punishment as provided in this chapter. (2)(a) The court shall impose a sentence as provided in the following sections and as applicable in the case: (i) Unless another term of confinement applies, a sentence within the standard sentence range establish... |
9.94A.506 | Standard sentence ranges—Limitations. | The standard sentence ranges of total and partial confinement under this chapter, except as provided in RCW 9.94A.517 , are subject to the following limitations: (1) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, exce... |
9.94A.507 | Sentencing of sex offenders. | (1) An offender who is not a persistent offender shall be sentenced under this section if the offender: (a) Is convicted of: (i) Rape in the first degree, rape in the second degree, rape of a child in the first degree, child molestation in the first degree, rape of a child in the second degree, or indecent liberties by... |
9.94A.510 | Table 1—Sentencing grid. | TABLE 1 Sentencing Grid SERIOUSNESS LEVEL OFFENDER SCORE 0 1 2 3 4 5 6 7 8 9 or more XVI Life sentence without parole/death penalty for offenders at or over the age of eighteen. For offenders under the age of eighteen, a term of twenty-five years to life. XV 23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m 36y 40y 240-... |
9.94A.515 | Table 2—Crimes included within each seriousness level. | TABLE 2 CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL XVI Aggravated Murder 1 (RCW 10.95.020 ) XV Homicide by abuse (RCW 9A.32.055 ) Malicious explosion 1 (RCW 70.74.280 (1)) Murder 1 (RCW 9A.32.030 ) XIV Murder 2 (RCW 9A.32.050 ) Trafficking 1 (RCW 9A.40.100 (1)) XIII Malicious explosion 2 (RCW 70.74.280 (2)) Maliciou... |
9.94A.517 | Table 3—Drug offense sentencing grid. | (1) TABLE 3 DRUG OFFENSE SENTENCING GRID Seriousness Level Offender Score 0 to 2 Offender Score 3 to 5 Offender Score 6 to 9 or more III 51 to 68 months 68+ to 100 months 100+ to 120 months II 12+ to 20 months 20+ to 60 months 60+ to 120 months I 0 to 6 months 6+ to 18 months 12+ to 24 months References to months repre... |
9.94A.518 | Table 4—Drug offenses seriousness level. | TABLE 4 DRUG OFFENSES INCLUDED WITHIN EACH SERIOUSNESS LEVEL III Any felony offense under chapter 69.50 RCW with a deadly weapon special verdict under RCW 9.94A.825 Controlled Substance Homicide (RCW 69.50.415 ) Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.03... |
9.94A.520 | Offense seriousness level. | The offense seriousness level is determined by the offense of conviction.
[ 1990 c 3 s 703 ; 1983 c 115 s 6 . Formerly RCW 9.94A.350 .] |
9.94A.525 | Offender score.(Effective until January 1, 2026.) | The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows: The offender score is the sum of points accrued under this section rounded down to the nearest whole number. (1)(a) A prior conviction is a conviction which exists before the date of sentencing for the... |
9.94A.530 | Standard sentence range. | (1) The intersection of the column defined by the offender score and the row defined by the offense seriousness score determines the standard sentence range (see RCW 9.94A.510 , (Table 1) and RCW 9.94A.517 , (Table 3)). The additional time for deadly weapon findings or for other adjustments as specified in RCW 9.94A.53... |
9.94A.533 | Adjustments to standard sentences. | (1) The provisions of this section apply to the standard sentence ranges determined by RCW 9.94A.510 or 9.94A.517 . (2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the standard sentence range is determined by locating the sentencing grid s... |
9.94A.535 | Departures from the guidelines. | The court may impose a sentence outside the standard sentence range for an offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence. Facts supporting aggravated sentences, other than the fact of a prior conviction, shall be determ... |
9.94A.537 | Aggravating circumstances—Sentences above standard range. | (1) At any time prior to trial or entry of the guilty plea if substantial rights of the defendant are not prejudiced, the state may give notice that it is seeking a sentence above the standard sentencing range. The notice shall state aggravating circumstances upon which the requested sentence will be based. (2) In any ... |
9.94A.540 | Mandatory minimum terms. | (1) Except to the extent provided in subsection (3) of this section, the following minimum terms of total confinement are mandatory and shall not be varied or modified under RCW 9.94A.535 : (a) An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less th... |
9.94A.550 | Fines. | Unless otherwise provided by a statute of this state, on all sentences under this chapter the court may impose fines on adult offenders according to the following ranges: Class A felonies $0 - 50,000 Class B felonies $0 - 20,000 Class C felonies $0 - 10,000
[ 2015 c 265 s 15 ; 2003 c 53 s 59 ; 1984 c 209 s 23 . Formerl... |
9.94A.555 | Findings and intent—1994 c 1. | (1) The people of the state of Washington find and declare that: (a) Community protection from persistent offenders is a priority for any civilized society. (b) Nearly fifty percent of the criminals convicted in Washington state have active prior criminal histories. (c) Punishments for criminal offenses should be propo... |
9.94A.561 | Offender notification and warning. | A sentencing judge, law enforcement agency, or state or local correctional facility may, but is not required to, give offenders who have been convicted of an offense that is a most serious offense as defined in RCW 9.94A.030 either written or oral notice, or both, of the sanctions imposed upon persistent offenders. Gen... |
9.94A.562 | Court-ordered treatment—Required notices. | When any person is convicted in a superior court, the judgment and sentence shall include a statement that if the offender is or becomes subject to court-ordered mental health or chemical dependency treatment, the offender must notify the department and the offender's treatment information must be shared with the depar... |
9.94A.565 | Governor's powers. | (1) Nothing in chapter 1, Laws of 1994 or chapter 10.95 RCW shall ever be interpreted or construed as to reduce or eliminate the power of the governor to grant a pardon or clemency to any individual on an individual case-by-case basis. However, the people recommend that: (a) Any incarcerated individual subject to total... |
9.94A.570 | Persistent offenders. | Notwithstanding the statutory maximum sentence or any other provision of this chapter, a persistent offender shall be sentenced to a term of total confinement for life without the possibility of release or, when authorized by *RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death. In ... |
9.94A.575 | Power to defer or suspend sentences abolished—Exceptions. | The power to defer or suspend the imposition or execution of sentence is hereby abolished in respect to sentences prescribed for felonies committed after June 30, 1984, except for offenders sentenced under RCW 9.94A.670 , the special sex offender sentencing alternative, whose sentence may be suspended.
[ 2000 c 28 s 9 ... |
9.94A.580 | Specialized training. | The department is authorized to determine whether any person subject to the confines of a correctional facility would substantially benefit from successful participation in: (1) Literacy training, (2) employment skills training, or (3) educational efforts to identify and control sources of anger and, upon a determinati... |
9.94A.585 | Which sentences appealable—Procedure—Grounds for reversal—Written opinions. | (1) A sentence within the standard sentence range, under RCW 9.94A.510 or 9.94A.517 , for an offense shall not be appealed. For purposes of this section, a sentence imposed on a first-time offender under RCW 9.94A.650 shall also be deemed to be within the standard sentence range for the offense and shall not be appeale... |
9.94A.589 | Consecutive or concurrent sentences. | (1)(a) Except as provided in (b), (c), or (d) of this subsection, whenever a person is to be sentenced for two or more current offenses, the sentence range for each current offense shall be determined by using all other current and prior convictions as if they were prior convictions for the purpose of the offender scor... |
9.94A.595 | Anticipatory offenses. | For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the crime, and multiplying the range b... |
9.94A.599 | Presumptive ranges that exceed the statutory maximum. | If the presumptive sentence duration given in the sentencing grid exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence. If the addition of a firearm or deadly weapon enhancement increases the sentence so that it would exceed the statutory maximum for t... |
9.94A.603 | Felony alcohol violators—Treatment during incarceration—Conditions. | (1) When sentencing an offender convicted of a violation of RCW 46.61.502 (6) or 46.61.504 (6), the court, in addition to imposing the provisions of this chapter, shall order the offender to undergo alcohol or chemical dependency treatment services during incarceration. The offender shall be liable for the cost of trea... |
9.94A.607 | Chemical dependency. | (1) Where the court finds that the offender has any chemical dependency that has contributed to his or her offense, the court may, as a condition of the sentence and subject to available resources, order the offender to participate in rehabilitative programs or otherwise to perform affirmative conduct reasonably relate... |
9.94A.631 | Violation of condition or requirement of sentence—Security searches authorized—Arrest by community corrections officer—Confinement in county jail. | (1) If an offender violates any condition or requirement of a sentence, a community corrections officer may arrest or cause the arrest of the offender without a warrant, pending a determination by the court or by the department. If there is reasonable cause to believe that an offender has violated a condition or requir... |
9.94A.633 | Violation of condition or requirement—Individual charged with new offense—Sanctions—Procedures.(Effective until January 1, 2026.) | (1)(a) An individual who violates any condition or requirement of a sentence may be sanctioned by the court with up to 60 days' confinement for each violation or by the department with up to 30 days' confinement as provided in RCW 9.94A.737 . (b) In lieu of confinement, an individual may be sanctioned with work release... |
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