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9.94A.6331 | Sanctions—Where served. | (1) If a sanction of confinement is imposed by the court, the following applies: (a) If the sanction was imposed pursuant to RCW 9.94A.633 (1), the sanction shall be served in a county facility. (b) If the sanction was imposed pursuant to RCW 9.94A.633 (2), the sanction shall be served in a state facility. (2) If a san... |
9.94A.6332 | Sanctions—Which entity imposes.(Effective until January 1, 2026.) | The procedure for imposing sanctions for violations of sentence conditions or requirements is as follows: (1) If the offender was sentenced under the drug offender sentencing alternative, any sanctions shall be imposed by the department or the court pursuant to RCW 9.94A.660 . (2) If the offender was sentenced under th... |
9.94A.6333 | Sanctions—Modification of sentence—Noncompliance hearing. | (1) If an offender violates any condition or requirement of a sentence, and the offender is not being supervised by the department, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section. (2) If an offender fails to comply with any of the nonfinancial condi... |
9.94A.637 | Discharge upon completion of sentence—Certificate of discharge—Issuance, effect of no-contact order—Obligations, counseling after discharge. | (1) When an offender has completed all requirements of the sentence, including any and all legal financial obligations, and while under the custody or supervision of the department, the secretary or the secretary's designee shall notify the sentencing court, which shall discharge the offender and provide the offender w... |
9.94A.640 | Vacation of offender's record of conviction. | (1) Except as provided in subsection (5) of this section, every offender who has been discharged under RCW 9.94A.637 may apply to the sentencing court for a vacation of the offender's record of conviction. If the court finds the offender meets the tests prescribed in subsection (2) of this section, the court may clear ... |
9.94A.645 | Civil actions against victims by persons convicted and confined for serious violent offenses—Authorization—Court may refuse—Considerations—Result of failure to obtain authorization. | (1) A person convicted and confined for any of the offenses set forth in subsection (3) of this section must, prior to commencing any civil action in state court against the victim of such offense, or the victim's family, first obtain an order authorizing such action to proceed from the sentencing judge, if available, ... |
9.94A.646 | Resentencing—Juveniles—Prison riot offenses. | (1) In any criminal case where an offender has been sentenced for an offense where a conviction or adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility was used as a basis for the offender's sentence, the p... |
9.94A.647 | Resentencing—Persistent offenders—Robbery in the second degree. | (1) In any criminal case wherein an offender has been sentenced as a persistent offender, the offender must have a resentencing hearing if a current or past conviction for robbery in the second degree was used as a basis for the finding that the offender was a persistent offender. The prosecuting attorney for the count... |
9.94A.648 | Victims of certain crimes—Vacating records of conviction for a class B or class C felony. | (1)(a) A victim of sex trafficking, prostitution, or commercial sexual abuse of a minor; sexual assault; or domestic violence as defined in RCW 9.94A.030 may apply to the sentencing court or the sentencing court's successor to vacate the victim's record of conviction for a class B or class C felony offense. (b) The pro... |
9.94A.650 | First-time offender waiver. | (1) This section applies to offenders who have never been previously convicted of a felony in this state, federal court, or another state, and who have never participated in a program of deferred prosecution for a felony, and who are convicted of a felony that is not: (a) Classified as a violent offense or a sex offens... |
9.94A.655 | Parenting sentencing alternative. | (1) An offender is eligible for the parenting sentencing alternative if: (a) The high end of the standard sentence range for the current offense is greater than one year; (b) The offender has no prior or current conviction for: A felony sex offense; a serious violent offense; or a felony offense where the offender was ... |
9.94A.6551 | Partial confinement as a part of a parenting program. | (1) For an incarcerated individual not sentenced under RCW 9.94A.655 , but otherwise eligible under this section, no more than the final 18 months of the incarcerated individual's term of confinement may be served in partial confinement as home detention as part of the parenting program developed by the department. (2)... |
9.94A.660 | Drug offender sentencing alternative—Prison-based or residential alternative.(Effective until January 1, 2026.) | (1) An offender is eligible for the special drug offender sentencing alternative if: (a) The offender is convicted of a felony that is not a violent offense and the violation does not involve a sentence enhancement under RCW 9.94A.533 (3) or (4); (b) The offender is convicted of a felony that is not a felony driving wh... |
9.94A.661 | Drug offender sentencing alternative—Driving under the influence.(Effective January 1, 2026.) | (1) An offender is eligible for the special drug offender sentencing alternative for driving under the influence if the offender: (a) Does not have a prior conviction under RCW 46.61.520 , 46.61.522 , 46.61.502 (6), or 46.61.504 (6); and either (b) Is convicted of felony driving while under the influence of intoxicatin... |
9.94A.662 | Prison-based drug offender sentencing alternative. | (1) The court may only order a prison-based special drug offender sentencing alternative if the high end of the standard sentence range for the current offense is greater than one year. (2) A sentence for a prison-based special drug offender sentencing alternative shall include: (a) A period of total confinement in a s... |
9.94A.664 | Residential substance use disorder treatment-based alternative. | (1)(a) A sentence for a residential substance use disorder treatment-based alternative shall include a term of community custody equal to one-half the midpoint of the standard sentence range or two years, whichever is greater, conditioned on the offender entering and remaining in a residential substance use disorder tr... |
9.94A.670 | Special sex offender sentencing alternative. | (1) Unless the context clearly requires otherwise, the definitions in this subsection apply to this section only. (a) "Sex offender treatment provider" or "treatment provider" means a certified sex offender treatment provider or a certified affiliate sex offender treatment provider as defined in RCW 18.155.020 . (b) "S... |
9.94A.680 | Alternatives to total confinement. | Alternatives to total confinement are available for offenders with sentences of one year or less. These alternatives include the following sentence conditions that the court may order as substitutes for total confinement: (1) One day of partial confinement may be substituted for one day of total confinement; (2) In add... |
9.94A.685 | Alien offenders. | *** CHANGE IN 2026 *** (SEE 2632.SL ) ***
(1) Subject to the limitations of this section, any alien offender committed to the custody of the department under the sentencing reform act of 1981, chapter 9.94A RCW, who has been found by the United States attorney general to be subject to a final order of deportation or ex... |
9.94A.690 | Work ethic camp program—Eligibility—Sentencing. | (1)(a) An offender is eligible to be sentenced to a work ethic camp if the offender: (i) Is sentenced to a term of total confinement of not less than twelve months and one day or more than thirty-six months; (ii) Has no current or prior convictions for any sex offenses or for violent offenses; and (iii) Is not currentl... |
9.94A.695 | Mental health sentencing alternative. | (1) A defendant is eligible for the mental health sentencing alternative if: (a) The defendant is convicted of a felony that is not a serious violent offense or sex offense; (b) The defendant is diagnosed with a serious mental illness recognized by the diagnostic manual in use by mental health professionals at the time... |
9.94A.701 | Community custody—Offenders sentenced to the custody of the department.(Effective until January 1, 2026.) | (1) If an offender is sentenced to the custody of the department for one of the following crimes, the court shall, in addition to the other terms of the sentence, sentence the offender to community custody for three years: (a) A sex offense not sentenced under RCW 9.94A.507 ; or (b) A serious violent offense. (2) A cou... |
9.94A.702 | Community custody—Offenders sentenced for one year or less. | (1) If an offender is sentenced to a term of confinement for one year or less for one of the following offenses, the court may impose up to one year of community custody: (a) A sex offense; (b) A violent offense; (c) A crime against a person under RCW 9.94A.411 ; (d) A felony violation of chapter 69.50 or 69.52 RCW, or... |
9.94A.703 | Community custody—Conditions. | When a court sentences a person to a term of community custody, the court shall impose conditions of community custody as provided in this section. (1) Mandatory conditions. As part of any term of community custody, the court shall: (a) Require the offender to inform the department of court-ordered treatment upon reque... |
9.94A.704 | Community custody—Supervision by the department—Conditions. | (1) Every person who is sentenced to a period of community custody shall report to and be placed under the supervision of the department, subject to RCW 9.94A.501 . (2)(a) The department shall assess the offender's risk of reoffense and may establish and modify additional conditions of community custody based upon the ... |
9.94A.706 | Community custody—Possession of firearms, ammunition, or explosives prohibited. | (1) No offender sentenced to a term of community custody under the supervision of the department may own, use, or possess firearms, ammunition, or explosives. An offender's actual or constructive possession of firearms, ammunition, or explosives shall be reported to local law enforcement or local prosecution for consid... |
9.94A.707 | Community custody—Commencement—Conditions. | (1) Community custody shall begin: (a) Upon completion of the term of confinement; or (b) at the time of sentencing if no term of confinement is ordered. (2) When an offender is sentenced to community custody, the offender is subject to the conditions of community custody as of the date of sentencing, unless otherwise ... |
9.94A.708 | Community custody—Mental health information—Access by department. | (1) When an offender is under community custody, the community corrections officer may obtain information from the offender's mental health treatment provider on the offender's status with respect to evaluation, application for services, registration for services, and compliance with the supervision plan, without the o... |
9.94A.709 | Community custody—Sex offenders—Conditions. | (1) At any time prior to the completion or termination of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions of community custody for a period up to the maximum allowable sentence for the c... |
9.94A.711 | Community custody—Motor vehicle-related felonies—Sentencing—Report.(Expires June 30, 2026.) | (1) Notwithstanding the provisions of RCW 9.94A.701 and 9.94A.702 and subject to the provisions of this section, a court may sentence an offender to community custody for a period of six to twelve months when the midpoint of the standard sentence range is greater than one year and the person is being sentenced for one ... |
9.94A.714 | Community custody—Violations—Electronic monitoring program—Immunity from civil liability. | (1) The department may work with the Washington association of sheriffs and police chiefs to establish and operate an electronic monitoring program for offenders who violate the terms of their community custody. (2) Local governments, their subdivisions and employees, the department and its employees, and the Washingto... |
9.94A.716 | Community custody—Violations—Arrest. | (1) The secretary may issue warrants for the arrest of any offender who violates a condition of community custody. The arrest warrants shall authorize any law enforcement or peace officer or community corrections officer of this state or any other state where such offender may be located, to arrest the offender and pla... |
9.94A.717 | Community custody—Supervision compliance credit. | (1) If an offender sentenced under this chapter or chapter 9.94B RCW is supervised by the department, the offender may earn supervision compliance credit in accordance with procedures that are developed and adopted by the department. Such procedures shall be available on the department's website. (a) The supervision co... |
9.94A.718 | Supervision of offenders—Peace officers have authority to assist. | (1) Any peace officer has authority to assist the department with the supervisions of offenders. (2) If a peace officer has reasonable cause to believe an offender is in violation of the terms of supervision, the peace officer may conduct a search as provided under RCW 9.94A.631 , of the offender's person, automobile, ... |
9.94A.722 | Court-ordered treatment—Required disclosures. | When an offender receiving court-ordered mental health, chemical dependency, or domestic violence treatment or treatment ordered by the department of corrections presents for treatment from a mental health or chemical dependency treatment provider, the offender must disclose to the mental health, chemical dependency, o... |
9.94A.723 | Court-ordered treatment—Offender's failure to inform. | An offender's failure to inform the department of court-ordered treatment upon request by the department is a violation of the conditions of supervision if the offender is in the community and an infraction if the offender is in confinement, and the violation or infraction is subject to sanctions.
[ 2004 c 166 s 7 .]
S... |
9.94A.725 | Offender work crews. | Participation in a work crew is conditioned upon the offender's acceptance into the program, abstinence from alcohol and controlled substances as demonstrated by urinalysis and breathalyzer monitoring, with the cost of monitoring to be paid by the offender, unless indigent; and upon compliance with the rules of the pro... |
9.94A.728 | Release prior to expiration of sentence. | (1) No incarcerated individual serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows: (a) An incarcerated individual may earn early release time as ... |
9.94A.7281 | Legislative declaration—Earned release time not an entitlement. | The legislature declares that the changes to the maximum percentages of earned release time in chapter 379, Laws of 2003 do not create any expectation that the percentage of earned release time cannot be revised and offenders have no reason to conclude that the maximum percentage of earned release time is an entitlemen... |
9.94A.729 | Earned release time—Risk assessments. | (1)(a) The term of the sentence of an offender committed to a correctional facility operated by the department may be reduced by earned release time in accordance with procedures that shall be developed and adopted by the correctional agency having jurisdiction in which the offender is confined. The earned release time... |
9.94A.730 | Early release for persons convicted of one or more crimes committed prior to 18th birthday—Petition to indeterminate sentence review board—Conditions—Assessment, programming, and services—Examination—Hearing—Supervision—Denial of petition. | (1) Notwithstanding any other provision of this chapter, any person convicted of one or more crimes committed prior to the person's 18th birthday may petition the indeterminate sentence review board for early release after serving no less than 20 years of total confinement, provided the person has not been convicted fo... |
9.94A.731 | Term of partial confinement, work release, home detention. | (1) An offender sentenced to a term of partial confinement shall be confined in the facility for at least eight hours per day or, if serving a work crew sentence shall comply with the conditions of that sentence as set forth in RCW 9.94A.030 and 9.94A.725 . The offender shall be required as a condition of partial confi... |
9.94A.733 | Home detention—Graduated reentry program—Requirements for department. | (1)(a) Except as provided in (b) of this subsection, an incarcerated individual may not participate in the graduated reentry program under this subsection unless he or she has served at least six months in total confinement in a state correctional facility. (i) An incarcerated individual subject to (a) of this subsecti... |
9.94A.734 | Home detention—Conditions. | (1) Home detention may not be imposed for offenders convicted of the following offenses, unless imposed as partial confinement in the department's parenting program under RCW 9.94A.6551 or the graduated reentry program under RCW 9.94A.733 : (a) A violent offense; (b) Any sex offense; (c) Any drug offense; (d) Reckless ... |
9.94A.735 | Home detention—Form order. | (1) By December 1, 2015, the administrative office of the courts shall create a pattern form order for use by a court in cases where a court orders a person to comply with a home detention program. (2) The court shall provide a copy of the form order to the person ordered to comply with a home detention program. The fo... |
9.94A.736 | Electronic monitoring—Supervising agency to establish terms and conditions—Duties of monitoring agency. | (1) A supervising agency must establish terms and conditions of electronic monitoring for each individual subject to electronic monitoring under the agency's jurisdiction. The supervising agency must communicate those terms and conditions to the monitoring agency. A supervising agency must also establish protocols for ... |
9.94A.737 | Community custody—Violations—Disciplinary proceedings—Structured violation process—Sanctions. | (1) If an offender is accused of violating any condition or requirement of community custody, the department shall address the violation behavior. The department may hold offender disciplinary proceedings not subject to chapter 34.05 RCW. The department shall notify the offender in writing of the violation process. (2)... |
9.94A.740 | Community custody violators—Arrest, detention, financial responsibility. | (1) When an offender is arrested pursuant to RCW 9.94A.631 or 9.94A.716 , the department shall compensate the local jurisdiction at the office of financial management's adjudicated rate, in accordance with RCW 70.48.440 , until the department releases its detainer. (2) Inmates, as defined in RCW 72.09.015 , who have be... |
9.94A.745 | Interstate compact for adult offender supervision. | The interstate compact for adult offender supervision is hereby entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as follows: ARTICLE I PURPOSE (a) The compacting states to this interstate compact recognize that each state is responsible for the supervision of a... |
9.94A.74501 | State council. | (1) The department of corrections shall serve as the state council for interstate adult offender supervision as required under article IV of RCW 9.94A.745 , the interstate compact for adult offender supervision. The department of corrections may form a subcommittee, including members representing the legislative, judic... |
9.94A.74502 | Compact administrator. | The secretary of corrections, or an employee of the department designated by the secretary, shall serve as the compact administrator under article IV of RCW 9.94A.745 , the interstate compact for adult offender supervision. The legislature intends that the compact administrator, representing the state on the interstate... |
9.94A.74503 | Other compacts and agreements—Withdrawal from current compact. | (1) The state shall continue to meet its obligations under RCW 9.95.270 , the interstate compact for the supervision of parolees and probationers, to those states which continue to meet their obligations to the state of Washington under the interstate compact for the supervision of parolees and probationers, and have n... |
9.94A.74504 | Supervision of transferred offenders—Processing transfer applications. | (1) The department may supervise nonfelony offenders transferred to Washington pursuant to RCW 9.94A.745 , the interstate compact for adult offender supervision, and shall supervise these offenders according to the provisions of this chapter. (2) The department shall process applications for interstate transfer of felo... |
9.94A.74505 | Review of obligations under compact—Report to legislature. | (1) The department shall identify the states from which it receives adult offenders who need supervision and examine the feasibility and cost of establishing memoranda of understanding with the states that send the highest number of offenders for supervision to Washington state with the goal of achieving more balanced ... |
9.94A.750 | Restitution. | This section applies to offenses committed on or before July 1, 1985. (1) If restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within 180 days. The court may continue the hearing beyond the 180 days for good cause. The court shall then set a minimum monthly pay... |
9.94A.753 | Restitution—Application dates. | This section applies to offenses committed after July 1, 1985. (1) When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within 180 days except as provided in subsection (7) of this section. The court may continue the hearing beyond the 180 days for good cause... |
9.94A.760 | Legal financial obligations—Restitution obligations. | (1) Whenever a person is convicted in superior court, the court may order the payment of a legal financial obligation as part of the sentence. The court may not order an offender to pay costs as described in RCW 10.01.160 if the court finds that the offender at the time of sentencing is indigent as defined in RCW 10.01... |
9.94A.7601 | "Earnings," "disposable earnings," and "obligee" defined. | As used in this chapter, the term "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, hours, or otherwise, and notwithstanding any other provision of law making such payments exempt from garnishment, attachment, or other process to satisfy court-ordered... |
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 ... |
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 finan... |
9.94A.7604 | Legal financial obligations—Notice of payroll deduction—Employer or entity rights and responsibilities. | (1) An employer or entity upon whom a notice of payroll deduction is served, shall make an answer to the department within twenty days after the date of service. The answer shall confirm compliance and institution of the payroll deduction or explain the circumstances if no payroll deduction is in effect. The answer sha... |
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... |
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... |
9.94A.7607 | Legal financial obligations—Order to withhold and deliver—Duties and rights of person or entity served. | (1) A person or entity upon whom service has been made is hereby required to: (a) Answer the order to withhold and deliver within twenty days, exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the order; and (b) Provide further and additional answers w... |
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 offe... |
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 a... |
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 d... |
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... |
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... |
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 judg... |
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 s 12 . Formerly RCW 9.94A.2004 .]
Purpose — Prospective application — Effective dates — Severability — 1989 c 252: See notes following RCW 9.94A.030 . |
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,... |
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 s 14 . Formerly RCW 9.94A.2006 .]
Purpose — Prospective application — Effective dates — Severability — 1989 c 252: See notes following RCW 9.94A.030 . |
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 depar... |
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 gr... |
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 pro... |
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 an... |
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 t... |
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 ... |
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 s 35 .]
Technical corre... |
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... |
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 th... |
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 isomer... |
9.94A.828 | Special allegation—Trafficking in catalytic converters. | 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, in a criminal case where: (1) The defendant has been convicted of trafficking in catalytic converters in the first degree; an... |
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... |
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 b... |
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 ... |
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)... |
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 enforcem... |
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 defe... |
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 plaus... |
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 off... |
9.94A.838 | Special allegation—Victim had diminished capacity—Procedures. | (1) In a prosecution for rape in the first degree, rape in the second degree with forcible compulsion, indecent liberties with forcible compulsion, or kidnapping in the first degree with sexual motivation, the prosecuting attorney shall file a special allegation that the victim of the offense was, at the time of the of... |
9.94A.839 | Special allegation—Sexual conduct with victim in return for a fee—Procedures. | (1) In a prosecution for a violation of RCW 9A.44.073 , 9A.44.076 , 9A.44.079 , 9A.44.083 , 9A.44.086 , or 9A.44.089 , or an anticipatory offense for a violation of RCW 9A.44.073 , 9A.44.076 , 9A.44.079 , 9A.44.083 , 9A.44.086 , or 9A.44.089 , committed on or after July 22, 2007, the prosecuting attorney may file a spe... |
9.94A.840 | Sex offenders—Release from total confinement—Notification of prosecutor. | (1)(a) When it appears that a person who has been convicted of a sexually violent offense may meet the criteria of a sexually violent predator as defined in RCW 71.09.020 , the agency with jurisdiction over the person shall refer the person in writing to the prosecuting attorney of the county where that person was conv... |
9.94A.843 | Sex offenders—Release of information—Immunity. | The department, its employees, and officials, shall be immune from liability for release of information regarding sex offenders that complies with RCW 4.24.550 .
[ 1990 c 3 s 123 . Formerly RCW 9.94A.152 .] |
9.94A.844 | Sex offenders—Discretionary decisions—Immunity. | Law enforcement agencies and the department of corrections are immune from civil liability for damages from discretionary decisions made under chapter 436, Laws of 2005 if they make a good faith effort to comply with chapter 436, Laws of 2005.
[ 2005 c 436 s 5 .]
Reviser's note: 2005 c 436 s 6 (an expiration date secti... |
9.94A.8445 | Community protection zones—Preemption of local regulations—Retrospective application. | (1) Sections 1 through 3 and 5 of chapter 436, Laws of 2005, supersede and preempt all rules, regulations, codes, statutes, or ordinances of all cities, counties, municipalities, and local agencies regarding the same subject matter. The state preemption created in this section applies to all rules, regulations, codes, ... |
9.94A.846 | Sex offenders—Release of information. | In addition to any other information required to be released under other provisions of this chapter, the department may, pursuant to RCW 4.24.550 , release information concerning convicted sex offenders confined to the department of corrections.
[ 1990 c 3 s 124 . Formerly RCW 9.94A.153 .] |
9.94A.860 | Sentencing guidelines commission—Membership—Appointments—Terms of office—Expenses and compensation. | (1) The sentencing guidelines commission is hereby created, located within the office of financial management. Except as provided in RCW 9.94A.875 , the commission shall serve to advise the governor and the legislature as necessary on issues relating to adult and juvenile sentencing. The commission may meet, as necessa... |
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