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10.73.130 | Collateral attack—One year time limit—Applicability. | RCW 10.73.090 and 10.73.100 apply only to petitions and motions filed more than one year after July 23, 1989.
[ 1989 c 395 s 6 .] |
10.73.140 | Collateral attack—Subsequent petitions. | If a person has previously filed a petition for personal restraint, the court of appeals will not consider the petition unless the person certifies that he or she has not filed a previous petition on similar grounds, and shows good cause why the petitioner did not raise the new grounds in the previous petition. Upon re... |
10.73.150 | Right to counsel. | Counsel shall be provided at state expense to an adult offender convicted of a crime and to a juvenile offender convicted of an offense when the offender is indigent or indigent and able to contribute as those terms are defined in RCW 10.101.010 and the offender: (1) Files an appeal as a matter of right; (2) Responds t... |
10.73.160 | Court fees and costs. | (1) The court of appeals, supreme court, and superior courts may require an adult offender convicted of an offense to pay appellate costs. (2) Appellate costs are limited to expenses specifically incurred by the state in prosecuting or defending an appeal or collateral attack from a criminal conviction. Appellate costs... |
10.73.170 | DNA testing requests. | (1) A person convicted of a felony in a Washington state court who currently is serving a term of imprisonment may submit to the court that entered the judgment of conviction a verified written motion requesting DNA testing, with a copy of the motion provided to the state office of public defense. (2) The motion shall:... |
10.77.010 | Definitions.(Effective until June 30, 2027.) | As used in this chapter: (1) "Admission" means acceptance based on medical necessity, of a person as a patient. (2) "Authority" means the Washington state health care authority. (3) "Clinical intervention specialist" means a licensed professional with prescribing authority who is employed by or contracted with the depa... |
10.77.103 | Rights of person under this chapter. | (1) At any and all stages of the proceedings pursuant to this chapter, any person subject to the provisions of this chapter shall be entitled to the assistance of counsel, and if the person is indigent the court shall appoint counsel to assist him or her. Prior to acquittal by reason of insanity under this chapter, the... |
10.77.106 | Eligible for commitment regardless of cause. | When a designated crisis responder or a professional person has determined that a person has a mental disorder, and is otherwise committable, the cause of the person's mental disorder shall not make the person ineligible for commitment under chapter 71.05 RCW.
[ 2016 sp.s. c 29 s 407 ; 2004 c 166 s 3 . Formerly RCW 10.... |
10.77.109 | Medication—When substitution permitted. | (1) When an individual has a prescription for an antipsychotic, antidepressant, antiepileptic, or other drug prescribed to the individual to treat a serious mental illness by a state hospital or other state facility or a behavioral health agency or other certified medical provider, and the individual is medically stabl... |
10.77.113 | Findings—Developmental disabilities. | The legislature finds that among those persons who endanger the safety of others by committing crimes are a small number of persons with developmental disabilities. While their conduct is not typical of the vast majority of persons with developmental disabilities who are responsible citizens, for their own welfare and ... |
10.77.116 | Records and reports accompany defendant upon transfer. | A copy of relevant records and reports as defined by the department, in consultation with the department of corrections, made pursuant to this chapter, and including relevant information necessary to meet the requirements of *RCW 10.77.405 (1) and 10.77.635 , shall accompany the defendant upon transfer to a mental heal... |
10.77.119 | Right to adequate care and treatment—Records and reports. | (1) Any person involuntarily detained, hospitalized, or committed pursuant to the provisions of this chapter shall have the right to adequate care and individualized treatment. The person who has custody of the patient or is in charge of treatment shall keep records detailing all medical, expert, and professional care ... |
10.77.123 | Appellate review. | Either party may seek appellate review of the judgment of any hearing held pursuant to the provisions of this chapter.
[ 1988 c 202 s 16 ; 1974 ex.s. c 198 s 18 ; 1973 1st ex.s. c 117 s 23 . Formerly RCW 10.77.230 .]
Rules of court: Cf. RAP 2.2, 18.22.
Severability — 1988 c 202: See note following RCW 2.24.050 . |
10.77.126 | Existing rights not affected. | Nothing in this chapter shall prohibit a person presently committed from exercising a right presently available to him or her for obtaining release from confinement, including the right to petition for a writ of habeas corpus.
[ 1999 c 13 s 3 ; 1973 1st ex.s. c 117 s 24 . Formerly RCW 10.77.240 .]
Purpose — Constructio... |
10.77.129 | Responsibility for costs—Reimbursement. | (1) Within amounts appropriated, the department shall be responsible for all costs relating to the evaluation and inpatient treatment of persons committed to it pursuant to any provisions of this chapter, and the logistical and supportive services pertaining thereto except as otherwise provided by law. Reimbursement ma... |
10.77.133 | Capital grants. | (1) The department shall coordinate with cities, counties, hospitals, and other public and private entities to identify locations that may be commissioned or renovated for use in treating clients committed to the department for competency evaluation, competency restoration, civil conversion, or treatment following acqu... |
10.77.136 | Violent act—Presumptions. | (1) In determining whether a defendant has committed a violent act the court must: (a) Presume that a past conviction, guilty plea, or finding of not guilty by reason of insanity establishes the elements necessary for the crime charged; (b) Consider that the elements of a crime may not be sufficient in themselves to es... |
10.77.139 | Independent public safety review panel—Members—Secretary to submit recommendation—Access to records—Support, rules—Report. | (1) The secretary shall establish an independent public safety review panel for the purpose of advising the secretary and the courts with respect to persons who have been found not guilty by reason of insanity, or persons committed under the involuntary treatment act where the court has made a special finding under RCW... |
10.77.143 | Data collection. | The department shall collect data so that information can be retrieved based on unique individuals, their complete Washington criminal history and referrals for forensic services.
[ 2023 c 453 s 18 . Formerly RCW 10.77.275 .]
Findings — 2023 c 453: See note following RCW 10.77.400 . |
10.77.146 | Office of forensic mental health services. | (1) In order to prioritize goals of accuracy, prompt service to the court, quality assurance, and integration with other services, an office of forensic mental health services is established within the department of social and health services. The office shall be led by a director who shall have responsibility for the ... |
10.77.149 | Immunity from liability—Detaining a person for medical clearance or treatment. | No officer of a public or private agency, nor the superintendent, professional person in charge, his or her professional designee, or attending staff of any such agency, nor any public official performing functions necessary to the administration of this chapter, nor peace officer responsible for detaining a person pur... |
10.77.215 | Authorization to leave facility where person is confined prohibited—Exceptions—Approval by secretary—Notification to county or city law enforcement agency. | (1) No person committed to the custody of the department for the determination of competency to stand trial under *RCW 10.77.400 , the restoration of competency for trial under *RCW 10.77.635 , 10.77.645 , or 10.77.650 , or following an acquittal by reason of insanity shall be authorized to leave the facility where the... |
10.77.225 | Furlough—Notice—Temporary restraining order. | (1) Before a person committed under this chapter is permitted temporarily to leave a treatment facility for any period of time without constant accompaniment by facility staff, the superintendent, professional person in charge of a treatment facility, or his or her professional designee shall in writing notify the pros... |
10.77.315 | Escape or disappearance—Notification requirements. | (1) In the event of an escape by a person committed under this chapter from a state facility or the disappearance of such a person on conditional release or other authorized absence, the superintendent shall provide notification of the person's escape or disappearance for the public's safety or to assist in the apprehe... |
10.77.325 | Sexual or violent offenders—Notice of release, escape, etc.—Definitions. | (1)(a) At the earliest possible date, and in no event later than 30 days before conditional release, release, authorized furlough pursuant to *RCW 10.77.225 , or transfer to a less-restrictive facility than a state mental hospital, the superintendent shall send written notice of the conditional release, release, author... |
10.77.335 | Persons acquitted of sex offense due to insanity—Release of information authorized. | In addition to any other information required to be released under this chapter, the department is authorized, pursuant to RCW 4.24.550 , to release relevant information necessary to protect the public concerning a person who was acquitted of a sex offense as defined in RCW 9.94A.030 due to insanity and was subsequentl... |
10.77.400 | Plea of not guilty due to insanity—Doubt as to competency—Evaluation—Bail—Report—Competency to stand trial status check. | (1)(a) Whenever a defendant has pleaded not guilty by reason of insanity, the court on its own motion or on the motion of any party shall either appoint or request the secretary to designate a qualified expert or professional person, who shall be approved by the prosecuting attorney, to evaluate and report upon the men... |
10.77.405 | Mental condition evaluations—Reports and recommendations required—Discharge of defendant when determined competent to stand trial. | (1)(a)(i) The expert conducting the evaluation shall provide his or her report and recommendation to the court in which the criminal proceeding is pending. For a competency evaluation of a defendant who is released from custody, if the evaluation cannot be completed within twenty-one days due to a lack of cooperation b... |
10.77.410 | Examination rights of defendant's expert or professional person. | When the defendant wishes to be examined by a qualified expert or professional person of his or her own choice such examiner shall be permitted to have reasonable access to the defendant for the purpose of such examination, as well as to all relevant medical and psychological records and reports.
[ 1998 c 297 s 36 ; 19... |
10.77.415 | Experts or professional persons as witnesses. | Subject to the rules of evidence, experts or professional persons who have reported pursuant to this chapter may be called as witnesses at any proceeding held pursuant to this chapter. Both the prosecution and the defendant may summon any other qualified expert or professional persons to testify.
[ 1974 ex.s. c 198 s 9... |
10.77.500 | Maximum term of commitment or treatment. | (1) Whenever any person has been: (a) Committed to a correctional facility or inpatient treatment under any provision of this chapter; or (b) ordered to undergo alternative treatment following his or her acquittal by reason of insanity of a crime charged, such commitment or treatment cannot exceed the maximum possible ... |
10.77.505 | Establishing insanity as a defense. | (1) Evidence of insanity is not admissible unless the defendant, at the time of arraignment or within ten days thereafter or at such later time as the court may for good cause permit, files a written notice of his or her intent to rely on such a defense. (2) Insanity is a defense which the defendant must establish by a... |
10.77.510 | Instructions to jury on special verdict. | Whenever the issue of insanity is submitted to the jury, the court shall instruct the jury to return a special verdict in substantially the following form: answer yes or no 1. Did the defendant commit the act charged? . . . . . 2. If your answer to number 1 is yes, do you acquit him or her because of insanity existing ... |
10.77.515 | Motion for acquittal on grounds of insanity—Hearing—Findings. | The defendant may move the court for a judgment of acquittal on the grounds of insanity: PROVIDED, That a defendant so acquitted may not later contest the validity of his or her detention on the grounds that he or she did not commit the acts charged. At the hearing upon the motion the defendant shall have the burden of... |
10.77.520 | Placement—Secure facility—Treatment and rights—Custody—Reports. | (1) If the secretary determines in writing that a person committed to the custody of the secretary for treatment as criminally insane presents an unreasonable safety risk which, based on behavior, clinical history, and facility security is not manageable in a state hospital setting, and the secretary has given consider... |
10.77.525 | Antipsychotic medication, administration. | (1) A state hospital may administer antipsychotic medication without consent to an individual who is committed under this chapter as criminally insane by following the same procedures applicable to the administration of antipsychotic medication without consent to a civilly committed patient under RCW 71.05.217 , except... |
10.77.530 | Acquittal of crime. | (1) If a defendant is acquitted of a crime by reason of insanity, and it is found that he or she is not a substantial danger to other persons, and does not present a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons... |
10.77.535 | Care and treatment of committed person—Hearings—Release. | (1) The secretary shall provide adequate care and individualized treatment to persons found criminally insane at one or several of the state institutions or facilities under the direction and control of the secretary. In order that the secretary may adequately determine the nature of the mental illness or developmental... |
10.77.540 | Treatment and training—Persons with developmental disabilities. | If the defendant has been found not guilty by reason of insanity and a substantial danger, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, so as to require treatment then the secretary shall immediately cause the defendant to be evaluated to ascertain if the defe... |
10.77.545 | Periodic examinations—Persons with developmental disability—Reports—Notice to court. | (1) Each person committed to a hospital or other facility or conditionally released pursuant to this chapter shall have a current examination of his or her mental condition made by one or more experts or professional persons at least once every six months. The person may retain, or if the person is indigent and so requ... |
10.77.550 | Conditional release—Application—Secretary's recommendation—Order—Procedure. | (1) Persons examined pursuant to *RCW 10.77.545 may make application to the secretary for conditional release. The secretary shall, after considering the reports of experts or professional persons conducting the examination pursuant to *RCW 10.77.545 , forward to the court of the county which ordered the person's commi... |
10.77.555 | Conditional release—Application—County of origin. | (1) In determining whether to support an application for conditional release on behalf of a person committed as criminally insane which would permit the person to reside outside of a state hospital, the secretary may not support a conditional release application to a location outside the person's county of origin unles... |
10.77.560 | Conditional release, furlough—Secretary's recommendation. | No court may, without a hearing, enter an order conditionally releasing or authorizing the furlough of a person committed under this chapter, unless the secretary has recommended the release or furlough. If the secretary has not recommended the release or furlough, a hearing shall be held under *RCW 10.77.550 .
[ 1994 ... |
10.77.565 | Conditional release—Reports. | When a conditionally released person is required by the terms of his or her conditional release to report to a physician, department of corrections community corrections officer, or medical or mental health practitioner on a regular or periodic basis, the physician, department of corrections community corrections offic... |
10.77.570 | Payments to conditionally released persons. | As funds are available, the secretary may provide payment to a person conditionally released pursuant to *RCW 10.77.550 , consistent with the provisions of RCW 72.02.100 and 72.02.110 , and may adopt rules and regulations to do so.
[ 1973 1st ex.s. c 117 s 17 . Formerly RCW 10.77.170 .]
*Reviser's note: This RCW refere... |
10.77.575 | Conditional release—Planning—Less restrictive alternative treatment.(Effective until June 30, 2027.) | (1) Conditional release planning should start at admission and proceed in coordination between the department and the person's managed care organization, or behavioral health administrative services organization if the person is not eligible for medical assistance under chapter 74.09 RCW. If needed, the department shal... |
10.77.580 | Conditional release—Periodic review of case. | Each person conditionally released pursuant to *RCW 10.77.550 shall have his or her case reviewed by the court which conditionally released him or her no later than one year after such release and no later than every two years thereafter, such time to be scheduled by the court. Review may occur in a shorter time or mor... |
10.77.585 | Conditional release—Revocation or modification of terms—Procedure. | (1) Any person submitting reports pursuant to *RCW 10.77.565 , the secretary, or the prosecuting attorney may petition the court to, or the court on its own motion may schedule an immediate hearing for the purpose of modifying the terms of conditional release if the petitioner or the court believes the released person ... |
10.77.590 | Conditional release—Court approval—Compliance—Secretary to coordinate with designated treatment providers, department of corrections staff, and local law enforcement—Rules. | For persons who have received court approval for conditional release, the secretary or the secretary's designee shall supervise the person's compliance with the court-ordered conditions of release in coordination with the multidisciplinary transition team appointed under *RCW 10.77.550 . The level of supervision provid... |
10.77.595 | Release—Procedure. | (1) Upon application by the committed or conditionally released person, the secretary shall determine whether or not reasonable grounds exist for release. In making this determination, the secretary may consider the reports filed under *RCW 10.77.400 , 10.77.530 , 10.77.545 , and 10.77.565 , and other reports and evalu... |
10.77.597 | Incarceration in correctional institution or facility prohibited—Exceptions. | No person who is criminally insane confined pursuant to this chapter shall be incarcerated in a state correctional institution or facility. This section does not apply to confinement in a mental health facility located wholly within a correctional institution. Confinement of a person who is criminally insane in a count... |
10.77.600 | Mental incapacity as bar to proceedings. | No incompetent person shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity continues.
[ 1974 ex.s. c 198 s 5 ; 1973 1st ex.s. c 117 s 5 . Formerly RCW 10.77.050 .] |
10.77.605 | Competency to stand trial, admissions for inpatient competency restoration services—Performance targets and maximum time limits—Duties of the department—Report—New entitlement or cause of action not created—No basis for contempt or motion to dismiss. | (1)(a) The legislature establishes a performance target of seven days or fewer to extend an offer of admission to a defendant in pretrial custody for inpatient competency evaluation or inpatient competency restoration services, when access to the services is legally authorized. (b) The legislature establishes a perform... |
10.77.610 | Forensic navigator program—Forensic navigator duties—Diversion program. | (1) In counties with a forensic navigator program, a forensic navigator shall: (a) Meet, interview, and observe all defendants charged with a nonfelony, or a class C felony other than assault in the third degree under RCW 9A.36.031 (1) (d) or (f), felony physical control of a vehicle under RCW 46.61.504 (6), felony hit... |
10.77.615 | Competency evaluation—Forensic navigator. | (1) Subject to the limitations described in subsection (2) of this section, a court may appoint an impartial forensic navigator employed by or contracted by the department to assist individuals who have been referred for competency evaluation and shall appoint a forensic navigator in circumstances described under *RCW ... |
10.77.620 | Competency evaluation or competency restoration treatment—Court order. | Within twenty-four hours of the signing of a court order requesting the secretary to provide a competency evaluation or competency restoration treatment: (1) The clerk of the court shall provide the court order and the charging documents, including the request for bail and certification of probable cause, to the state ... |
10.77.625 | Competency evaluation or restoration services—Offer of admission—City or county jail to transport defendant. | (1) A city or county jail shall transport a defendant to a state hospital or other secure facility designated by the department within one day of receipt of an offer of admission of the defendant for competency evaluation or restoration services. (2) City and county jails must cooperate with competency evaluators and t... |
10.77.630 | Competency to stand trial—Continuation of competency process, dismissal of charges—Exceptions. | (1) If the issue of competency to stand trial is raised by the court or a party under *RCW 10.77.400 , the prosecutor may continue with the competency process or dismiss the charges without prejudice and refer the defendant for assessment by a mental health professional, substance use disorder professional, co-occurrin... |
10.77.635 | Stay of proceedings—Treatment—Restoration of competency—Commitment—Other procedures. | (1)(a) If at any time during the pendency of an action and prior to judgment the court finds, following a report as provided in *RCW 10.77.400 , a defendant is incompetent, the court shall order the proceedings against the defendant be stayed except as provided in subsection (4) of this section. Beginning October 1, 20... |
10.77.640 | Evaluation and determination of individual with developmental disability—Program placement—Admissions, limitation. | (1) A defendant found incompetent by the court under *RCW 10.77.635 must be evaluated at the direction of the secretary and a determination made whether the defendant is an individual with a developmental disability. Such evaluation and determination must be accomplished as soon as possible following the court's placem... |
10.77.645 | Competency restoration—Procedure in felony charge. | (1)(a) Except as otherwise provided in this section, if the defendant is charged with a felony and determined to be incompetent, until he or she has regained the competency necessary to understand the proceedings against him or her and assist in his or her own defense, but in any event for a period of no longer than 90... |
10.77.650 | Competency restoration—Procedure in nonfelony charge. | (1) If the defendant is charged with a nonfelony crime which is a serious offense as identified in *RCW 10.77.665 and found by the court to be not competent, the court shall first consider all available and appropriate alternatives to inpatient competency restoration. If the parties agree that there is an appropriate d... |
10.77.655 | Program placement—Outpatient—Prescriber access. | An outpatient competency restoration program must include access to a prescriber.
[ 2023 c 453 s 16 . Formerly RCW 10.77.0885 .]
Findings — 2023 c 453: See note following RCW 10.77.400 . |
10.77.660 | Competency restoration—Report to the governor and legislature. | The authority shall report annually to the governor and relevant committees of the legislature, beginning November 1, 2022, and shall make the report public, describing: (1) How many individuals are being served by outpatient competency restoration programs and in what locations; (2) The length of stay of individuals i... |
10.77.665 | Involuntary medication—Serious offenses. | (1) For purposes of determining whether a court may authorize involuntary medication for the purpose of competency restoration pursuant to *RCW 10.77.635 and for maintaining the level of restoration in the jail following the restoration period, a pending charge involving any one or more of the following crimes is a ser... |
10.77.670 | Involuntary medication—Civil commitment. | When the court must make a determination whether to order involuntary medications for the purpose of competency restoration or for maintenance of competency, the court shall inquire, and shall be told, and to the extent that the prosecutor or defense attorney is aware, whether the defendant is the subject of a pending ... |
10.77.675 | Individuals not competent to stand trial and not restorable. | (1) Following a competency evaluation under *RCW 10.77.400 , individuals who are found not competent to stand trial and not restorable due to an intellectual or developmental disability, dementia, or traumatic brain injury, shall not be referred for competency restoration services. (2) The department shall develop a pr... |
10.77.680 | Clinical intervention specialists. | (1) Subject to the security and background investigation requirements of the jail, jails shall allow clinical intervention specialists to have access to individuals who are referred to receive services under this chapter and to all records relating to the health or conduct of the individual while incarcerated. Clinical... |
10.79.015 | Other grounds for issuance of search warrant. | Any such magistrate, when satisfied that there is reasonable cause, may also, upon like complaint made on oath, issue search warrant in the following cases, to wit: (1) To search for and seize any counterfeit or spurious coin, or forged instruments, or tools, machines or materials, prepared or provided for making eithe... |
10.79.020 | To whom directed—Contents. | All such warrants shall be directed to the sheriff of the county, or his or her deputy, or to any constable of the county, commanding such officer to search the house or place where the stolen property or other things for which he or she is required to search are believed to be concealed, which place and property, or t... |
10.79.035 | Issuance of search warrants by magistrates. | (1) Any magistrate as defined by RCW 2.20.010 , when satisfied that there is probable cause, may[,] upon application supported by oath or affirmation, issue a search warrant to search for and seize any: (a) Evidence of a crime; (b) contraband, the fruits of crime, or things otherwise criminally possessed; (c) weapons o... |
10.79.040 | Search without warrant unlawful—Penalty. | (1) It shall be unlawful for any police officer or other peace officer to enter and search any private dwelling house or place of residence without the authority of a search warrant issued upon a complaint as by law provided. (2) Any police officer or other peace officer violating the provisions of this section is guil... |
10.79.050 | Restoration of stolen property to owner—Duties of officers. | All property obtained by larceny, robbery or burglary, shall be restored to the owner; and no sale, whether in good faith on the part of the purchaser or not, shall divest the owner of his or her rights to such property; and it shall be the duty of the officer who shall arrest any person charged as principal or accesso... |
10.79.060 | Strip, body cavity searches—Legislative intent. | It is the intent of the legislature to establish policies regarding the practice of strip searching persons booked into holding, detention, or local correctional facilities. It is the intent of the legislature to restrict the practice of strip searching and body cavity searching persons booked into holding, detention, ... |
10.79.070 | Strip, body cavity searches—Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 10.79.060 through 10.79.110 . (1) "Strip search" means having a person remove or arrange some or all of his or her clothing so as to permit an inspection of the genitals, buttocks, anus, or undergarments of the person or... |
10.79.080 | Strip, body cavity searches—Warrant, authorization, report. | (1) No person may be subjected to a body cavity search by or at the direction of a law enforcement agency unless a search warrant is issued pursuant to superior court criminal rules. (2) No law enforcement officer may seek a warrant for a body cavity search without first obtaining specific authorization for the body ca... |
10.79.090 | Strip, body cavity searches—Medical care not precluded. | Nothing in RCW 10.79.080 or this section may be construed as precluding or preventing the administration of medical care to persons requiring immediate medical care or requesting medical care.
[ 1983 1st ex.s. c 42 s 4 .]
Effective date — Severability — 1983 1st ex.s. c 42: See notes following RCW 10.79.060 . |
10.79.100 | Strip, body cavity searches—Standards for conducting. | *** CHANGE IN 2026 *** (SEE 1604-S.SL ) ***
(1) Persons conducting a strip search shall not touch the person being searched except as reasonably necessary to effectuate the strip search of the person. (2) Any body cavity search must be performed under sanitary conditions and conducted by a physician, registered nurse, ... |
10.79.110 | Strip, body cavity searches—Actions for damages, injunctive relief. | (1) A person who suffers damage or harm as a result of a violation of RCW 10.79.080 , 10.79.090 , 10.79.100 , or 10.79.130 through 10.79.170 may bring a civil action to recover actual damages sustained by him or her. The court may, in its discretion, award injunctive and declaratory relief as it deems necessary. (2) RC... |
10.79.120 | Strip, body cavity searches—Application of RCW10.79.130through10.79.160. | RCW 10.79.130 through 10.79.160 apply to any person in custody at a holding, detention, or local correctional facility, other than a person committed to incarceration by order of a court, regardless of whether an arrest warrant or other court order was issued before the person was arrested or otherwise taken into custo... |
10.79.130 | Strip, body cavity searches—Warrant required—Exceptions. | (1) No person to whom this section is made applicable by RCW 10.79.120 may be strip searched without a warrant unless: (a) There is a reasonable suspicion to believe that a strip search is necessary to discover weapons, criminal evidence, contraband, or other thing concealed on the body of the person to be searched, th... |
10.79.160 | Strip, body cavity searches—Physical examinations for public health purposes excluded. | Physical examinations conducted by licensed medical professionals solely for public health purposes under separate statutory authority shall not be considered searches for purposes of RCW 10.79.120 , 10.79.130 , and 10.79.140 .
[ 1986 c 88 s 5 .] |
10.79.140 | Strip, body cavity searches—Uncategorized searches—Determination of reasonable suspicion, probable cause—Less-intrusive alternatives. | (1) A person to whom this section is made applicable by RCW 10.79.120 who has not been arrested for an offense within one of the categories specified in RCW 10.79.130 (2) may nevertheless be strip searched, but only upon an individualized determination of reasonable suspicion or probable cause as provided in this secti... |
10.79.150 | Strip, body cavity searches—Written record required, contents—Unnecessary persons prohibited. | (1) A written record of any strip search shall be maintained in the individual file of each person strip searched. (2) With respect to any strip search conducted under RCW 10.79.140 , the record shall contain the following information: (a) The name of the supervisor authorizing the strip search; (b) The specific facts ... |
10.79.170 | Strip, body cavity searches—Nonliability when search delayed. | No governmental entity and no employee or contracting agent of a governmental entity shall be liable for injury, death, or damage caused by a person in custody when the injury, death, or damage is caused by or made possible by contraband that would have been discovered sooner but for the delay caused by having to seek ... |
10.82.010 | Execution for fines and costs. | Upon a judgment for fine and costs, and for all adjudged costs, execution shall be issued against the property of the defendant, and returned in the same manner as in civil actions.
[Code 1881 s 1120; 1873 p 242 s 278 ; 1854 p 123 s 142 ; RRS s 2201.]
Judgments a lien on realty: RCW 10.64.080 . |
10.82.020 | Stay of execution for sixty days on recognizance. | Every defendant against whom a judgment has been rendered for fine and costs, may stay the execution for the fine assessed and costs for sixty days from the rendition of the judgment, by procuring one or more sufficient sureties, to enter into a recognizance in open court, acknowledging themselves to be bail for such f... |
10.82.025 | Effect of recognizance—Execution of judgment after sixty days. | Such sureties shall be approved by the clerk, and the entry of the recognizance shall be written immediately following the judgment, and signed by the bail, and shall have the same effect as a judgment, and if the fine or costs be not paid at the expiration of the sixty days, a joint execution shall issue against the d... |
10.82.030 | Commitment for failure to pay fine and costs—Execution against defendant's property—Reduction by payment, labor, or confinement. | If any person ordered into custody until the fine and costs adjudged against him or her be paid shall not, within five days, pay, or cause the payment of the same to be made, the clerk of the court shall issue a warrant to the sheriff commanding him or her to imprison such defendant in the county jail until the amount ... |
10.82.040 | Commitment for failure to pay fine and costs—Reduction of amount by performance of labor. | When a defendant is committed to jail, on failure to pay any fines and costs, he or she shall, under the supervision of the county sheriff and subject to the terms of any ordinances adopted by the county commissioners, be permitted to perform labor to reduce the amount owing of the fine and costs.
[ 2010 c 8 s 1065 ; 1... |
10.82.070 | Disposition of monetary payments. | (1) All sums of money derived from costs, fines, penalties, and forfeitures imposed or collected, in whole or in part, by a superior court for violation of orders of injunction, mandamus and other like writs, for contempt of court, or for breach of the penal laws shall be paid in cash by the person collecting the same,... |
10.82.080 | Unlawful receipt of public assistance—Deduction from subsequent assistance payments—Restitution payments. | (1) When a superior court has, as a condition of the sentence for a person convicted of the unlawful receipt of public assistance, ordered restitution to the state of that overpayment or a portion thereof: (a) The department of social and health services shall deduct the overpayment from subsequent assistance payments ... |
10.82.090 | Interest on judgments—Disposition of nonrestitution interest. | (1) Except as provided in subsections (2) and (3) of this section and RCW 3.50.100 , 3.62.020 , and 35.20.220 , restitution imposed in a judgment shall bear interest from the date of the judgment until payment, at the rate applicable to civil judgments. As of June 7, 2018, no interest shall accrue on nonrestitution leg... |
10.85.030 | Rewards by counties, cities, towns, port commissions authorized. | The legislative authority of any county in the state, a port commission, or the governing body of a city or town, when in its opinion the public good requires it, is hereby authorized to offer and pay a suitable reward to any person or persons for information leading to: (a) The arrest of a specified person or persons ... |
10.85.040 | Conflicting claims. | When more than one claimant applies for the payment of any reward, offered by any county legislative authority, board of commissioners of a port district, or city or town governing body, the county legislative authority, board of commissioners of a port district, or city or town governing body shall determine to whom t... |
10.85.050 | Payment of rewards. | Whenever any reward has been offered by any county legislative authority, board of commissioners of a port district, or city or town governing body in the state under RCW 10.85.030 , the person or persons providing the information shall be entitled to the reward, and the county legislative authority, board of commissio... |
10.88.200 | Definitions. | Where appearing in this chapter, the term "governor" includes any person performing the functions of governor by authority of the law of this state. The term "executive authority" includes the governor, and any person performing the functions of governor in a state other than this state, and the term "state" referring ... |
10.88.210 | Authority of governor. | Subject to the provisions of this chapter, the provisions of the Constitution of the United States controlling, and any and all acts of congress enacted in pursuance thereof, the governor of this state may in his or her discretion have arrested and delivered up to the executive authority of any other state of the Unite... |
10.88.220 | Demand for extradition—Requirements. | No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under RCW 10.88.250 , that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he or sh... |
10.88.230 | Investigation of demand—Report. | When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him... |
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