title: RCW 9.95.0002

text:
(1) The indeterminate sentence review board is transferred to the department of corrections.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written materials in the possession of the indeterminate sentence review board shall be delivered to the custody of the department of corrections. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the indeterminate sentence review board shall be made available to the department of corrections. All funds, credits, or other assets held by the indeterminate sentence review board shall be assigned to the department of corrections.
(b) Any appropriations made to the indeterminate sentence review board shall, on August 24, 2011, be transferred and credited to the department of corrections.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of the indeterminate sentence review board are transferred to the jurisdiction of the department of corrections. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of corrections to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
(4) All rules and all pending business before the indeterminate sentence review board shall be continued and acted upon by the department of corrections. All existing contracts and obligations shall remain in full force and shall be performed by the department of corrections.
(5) The transfer of the powers, duties, functions, and personnel of the indeterminate sentence review board shall not affect the validity of any act performed before August 24, 2011.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) All classified employees of the indeterminate sentence review board assigned to the department of corrections under chapter 40, Laws of 2011 1st sp. sess. whose positions are within an existing bargaining unit description at the department of corrections shall become a part of the existing bargaining unit at the department of corrections and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.
(8) Notwithstanding any provision of chapter 40, Laws of 2011 1st sp. sess. and despite the transfer of the indeterminate sentence review board to the department of corrections, the members of the indeterminate sentence review board will possess and shall exercise independent judgment when making any decisions concerning offenders. These decisions include, but are not limited to, decisions concerning offenders' release, revocation, reinstatement, or the imposition of conditions of supervision.
[ 2011 1st sp.s. c 40 s 16.]
Notes:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.

catchline: Transfer of board to department of corrections—Members of board shall exercise independent judgment.


doc_type: statute

jurisdiction: wa

title: RCW 9.95.001

text:
On July 1, 1986, the board of prison terms and paroles shall be redesignated the indeterminate sentence review board. The newly designated board shall retain the same membership and staff as the previously designated board of prison terms and paroles. References to "the board" or "board of prison terms and paroles" contained in this chapter, chapters 7.68, 9.95, 9.96, 71.06, and 72.04A RCW, and RCW 9A.44.045 and 72.68.031 are deemed to refer to the indeterminate sentence review board.
[ 1986 c 224 s 2; (i) 1935 c 114 s 1; RRS s 10249-1. (ii) 1947 c 47 s 1; Rem. Supp. 1947 s 10249-1a. Formerly RCW 43.67.010.]
Notes:
Effective date—1986 c 224: "Sections 1 through 13 of this act shall take effect July 1, 1986." [ 1986 c 224 s 16.]
Severability—1986 c 224: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1986 c 224 s 17.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Board of prison terms and paroles redesignated as indeterminate sentence review board.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 9.95.002

text:
The indeterminate sentence review board, in fulfilling its duties under the provisions of chapter 12, Laws of 2001 2nd sp. sess., shall be considered a parole board as that concept was treated in law under the state's indeterminate sentencing statutes.
[ 2001 2nd sp.s. c 12 s 363.]
Notes:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.

catchline: Board considered parole board.


title: RCW 9.95.003

text:
(1) The board is created within the department. The board shall consist of a chair and four other members, each of whom shall be appointed by the governor with the consent of the senate. Each member shall hold office for a term of five years, and until his or her successor is appointed and qualified. The terms shall expire on April 15th of the expiration year. Vacancies in the membership of the board shall be filled by appointment by the governor with the consent of the senate. In the event of the inability of any member to act, the governor shall appoint some competent person to act in his or her stead during the continuance of such inability. The members shall not be removable during their respective terms except for cause determined by the superior court of Thurston county. The governor in appointing the members shall designate one of them to serve as chair at the governor's pleasure. The appointed chair shall serve as a fully participating board member.
(2) The department shall provide administrative and staff support for the board. The secretary may employ a senior administrative officer and such other personnel as may be necessary to assist the board in carrying out its duties.
(3) The members of the board and staff assigned to the board shall not engage in any other business or profession or hold any other public office without the prior approval of the executive ethics board indicating compliance with RCW 42.52.020, 42.52.030, 42.52.040, and 42.52.120; nor shall they, at the time of appointment or employment or during their incumbency, serve as the representative of any political party on an executive committee or other governing body thereof, or as an executive officer or employee of any political committee or association. The members of the board shall each severally receive salaries fixed by the governor in accordance with the provisions of RCW 43.03.040, and in addition shall receive travel expenses incurred in the discharge of their official duties in accordance with RCW 43.03.050 and 43.03.060.
[ 2011 1st sp.s. c 40 s 15; 2011 c 336 s 336; 2007 c 362 s 1; 1997 c 350 s 2; 1986 c 224 s 3; 1975-'76 2nd ex.s. c 34 s 8; 1969 c 98 s 9; 1959 c 32 s 1; 1955 c 340 s 9. Prior: 1945 c 155 s 1, part; 1935 c 114 s 8, part; Rem. Supp. 1945 s 10249-8, part. Formerly RCW 43.67.020.]
Notes:
Reviser's note: This section was amended by 2011 c 336 s 336 and by 2011 1st sp.s. c 40 s 15, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date—Severability—1986 c 224: See notes following RCW 9.95.001.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Severability—Effective date—1969 c 98: See notes following RCW 9.95.120.

catchline: Appointment of board members—Qualifications—Duties of chair—Salaries and travel expenses—Staffing.


title: RCW 9.95.005

text:
The board shall meet at major state correctional institutions at such times as may be necessary for a full and complete study of the cases of all convicted persons whose durations of confinement are to be determined by it; whose community custody supervision is under the board's authority; or whose applications for parole come before it. Other times and places of meetings may also be fixed by the board.
The superintendents of the different institutions shall provide suitable quarters for the board while in the discharge of their duties.
[ 2011 1st sp.s. c 40 s 17; 2001 2nd sp.s. c 12 s 318; 1986 c 224 s 4; 1959 c 32 s 2; 1955 c 340 s 10. Prior: 1945 c 155 s 1, part; 1935 c 114 s 8, part; Rem. Supp. 1945 s 10249-8, part. Formerly RCW 43.67.030.]
Notes:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Effective date—Severability—1986 c 224: See notes following RCW 9.95.001.

catchline: Board meetings—Quarters at institutions.


title: RCW 9.95.007

text:
The board may meet and transact business in panels. Each board panel shall consist of at least two members of the board. In all matters concerning the internal affairs of the board and policy-making decisions, a majority of the full board must concur in such matters. The chair of the board with the consent of a majority of the board may designate any two members to exercise all the powers and duties of the board in connection with any hearing before the board. If the two members so designated cannot unanimously agree as to the disposition of the hearing assigned to them, such hearing shall be reheard by the full board. All actions of the full board shall be by concurrence of a majority of the sitting board members.
[ 2011 1st sp.s. c 40 s 18; 2011 c 336 s 337; 1986 c 224 s 5; 1975-'76 2nd ex.s. c 63 s 1; 1959 c 32 s 3. Formerly RCW 43.67.035.]
Notes:
Reviser's note: This section was amended by 2011 c 336 s 337 and by 2011 1st sp.s. c 40 s 18, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date—Severability—1986 c 224: See notes following RCW 9.95.001.

catchline: Transaction of board's business in panels—Action by full board.


title: RCW 9.95.009

text:
(1) On July 1, 1986, the board of prison terms and paroles shall be redesignated as the indeterminate sentence review board. The board's membership shall be reduced as follows: On July 1, 1986, and on July 1st of each year until 1998, the number of board members shall be reduced in a manner commensurate with the board's remaining workload as determined by the office of financial management based upon its population forecast for the indeterminate sentencing system and in conjunction with the budget process. To meet the statutory obligations of the indeterminate sentence review board, the number of board members shall not be reduced to fewer than three members, although the office of financial management may designate some or all members as part-time members and specify the extent to which they shall be less than full-time members. Any reduction shall take place by the expiration, on that date, of the term or terms having the least time left to serve.
(2) After July 1, 1984, the board shall continue its functions with respect to persons convicted of crimes committed prior to July 1, 1984, and committed to the department of corrections. When making decisions on duration of confinement, including those relating to persons committed under a mandatory life sentence, and parole release under RCW 9.95.100 and 9.95.110, the board shall consider the purposes, standards, and sentencing ranges under chapter 9.94A RCW of the sentencing reform act and the minimum term recommendations of the sentencing judge and prosecuting attorney, and shall attempt to make decisions reasonably consistent with those ranges, standards, purposes, and recommendations: PROVIDED, That the board and its successors shall give adequate written reasons whenever a minimum term or parole release decision is made which is outside the sentencing ranges under chapter 9.94A RCW of the sentencing reform act. In making such decisions, the board and its successors shall consider the different charging and disposition practices under the indeterminate sentencing system.
(3) Notwithstanding the provisions of subsection (2) of this section, the indeterminate sentence review board shall give public safety considerations the highest priority when making all discretionary decisions on the remaining indeterminate population regarding the ability for parole, parole release, and conditions of parole.
[ 2011 1st sp.s. c 40 s 41; 1990 c 3 s 707; 1989 c 259 s 1; 1986 c 224 s 6; 1985 c 279 s 1; 1982 c 192 s 8; 1981 c 137 s 24.]
Notes:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date—Severability—1986 c 224: See notes following RCW 9.95.001.

catchline: Board of prison terms and paroles redesignated indeterminate sentence review board—Continuation of functions.


title: RCW 9.95.010

text:
When a person, whose crime was committed before July 1, 1984, is convicted of any felony, except treason, murder in the first degree, or carnal knowledge of a child under ten years, and a new trial is not granted, the court shall sentence such person to the penitentiary, or, if the law allows and the court sees fit to exercise such discretion, to the reformatory, and shall fix the maximum term of such person's sentence only.
The maximum term to be fixed by the court shall be the maximum provided by law for the crime of which such person was convicted, if the law provides for a maximum term. If the law does not provide a maximum term for the crime of which such person was convicted the court shall fix such maximum term, which may be for any number of years up to and including life imprisonment but in any case where the maximum term is fixed by the court it shall be fixed at not less than twenty years.
[ 2001 2nd sp.s. c 12 s 319; 1955 c 133 s 2. Prior: 1947 c 92 s 1, part; 1935 c 114 s 2, part; Rem. Supp. 1947 s 10249-2, part.]
Notes:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Punishment: Chapter 9.92 RCW.

catchline: Court to fix maximum sentence.


title: RCW 9.95.011

text:
(1) When the court commits a convicted person to the department of corrections on or after July 1, 1986, for an offense committed before July 1, 1984, the court shall, at the time of sentencing or revocation of probation, fix the minimum term. The term so fixed shall not exceed the maximum sentence provided by law for the offense of which the person is convicted.
The court shall attempt to set the minimum term reasonably consistent with the purposes, standards, and sentencing ranges under chapter 9.94A RCW of the sentencing reform act, but the court is subject to the same limitations as those placed on the board under RCW 9.92.090, 9.95.040 (1) through (4), 9.95.115, 9A.32.040, 9A.44.045, and chapter 69.50 RCW. The court's minimum term decision is subject to review to the same extent as a minimum term decision by the parole board before July 1, 1986.
Thereafter, the expiration of the minimum term set by the court minus any time credits earned under RCW 9.95.070 and 9.95.110 constitutes the parole eligibility review date, at which time the board may consider the convicted person for parole under RCW 9.95.100 and 9.95.110 and chapter 72.04A RCW. Nothing in this section affects the board's authority to reduce or increase the minimum term, once set by the court, under RCW 9.95.040, 9.95.052, 9.95.055, 9.95.070, 9.95.080, 9.95.100, 9.95.115, 9.95.125, or 9.95.047.
(2)(a) Except as provided in (b) of this subsection, not less than ninety days prior to the expiration of the minimum term of a person sentenced under RCW 9.94A.507, for a sex offense committed on or after September 1, 2001, less any time credits permitted by statute, the board shall review the person for conditional release to community custody as provided in RCW 9.95.420. If the board does not release the person, it shall set a new minimum term not to exceed an additional five years. The board shall review the person again not less than ninety days prior to the expiration of the new minimum term.
(b) If at the time a person sentenced under RCW 9.94A.507 for a sex offense committed on or after September 1, 2001, arrives at a department of corrections facility, the offender's minimum term has expired or will expire within one hundred twenty days of the offender's arrival, then no later than one hundred twenty days after the offender's arrival at a department of corrections facility, but after the board receives the results from the end of sentence review process and the recommendations for additional or modified conditions of community custody from the department, the board shall review the person for conditional release to community custody as provided in RCW 9.95.420. If the board does not release the person, it shall set a new minimum term not to exceed an additional five years. The board shall review the person again not less than ninety days prior to the expiration of the new minimum term.
(c) In setting a new minimum term, the board may consider the length of time necessary for the offender to complete treatment and programming as well as other factors that relate to the offender's release under RCW 9.95.420. The board's rules shall permit an offender to petition for an earlier review if circumstances change or the board receives new information that would warrant an earlier review.
[ 2011 1st sp.s. c 40 s 40; 2009 c 28 s 21; 2007 c 363 s 1; 2002 c 174 s 2; 2001 2nd sp.s. c 12 s 320; 1993 c 144 s 3; 1986 c 224 s 7.]
Notes:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date—2009 c 28: See note following RCW 2.24.040.
Effective date—2002 c 174: See note following RCW 9.95.420.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Effective date—1993 c 144: See note following RCW 9.95.045.
Effective date—Severability—1986 c 224: See notes following RCW 9.95.001.

catchline: Minimum terms.


title: RCW 9.95.013

text:
The board shall apply all of the statutory requirements of RCW 9.95.009(2), requiring decisions of the board to be reasonably consistent with the ranges, standards, and purposes of the sentencing reform act, chapter 9.94A RCW, and the minimum term recommendations of the sentencing judge and the prosecuting attorney, to every person who, on July 23, 1989, is incarcerated and has been adjudged under the provisions of RCW 9.92.090.
[ 1989 c 259 s 5.]

catchline: Application of sentencing reform act to board decision.


title: RCW 9.95.015

text:
In every criminal case wherein conviction would require the board to determine the duration of confinement, or the court to make such determination for persons committed after July 1, 1986, for crimes committed before July 1, 1984, and wherein there has been an allegation and evidence establishing that the accused 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 was armed with a deadly weapon, as defined by RCW 9.95.040, at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it find the defendant guilty, also find a special verdict as to whether or not the defendant was armed with a deadly weapon, as defined in RCW 9.95.040, at the time of the commission of the crime.
[ 1986 c 224 s 8; 1961 c 138 s 1.]
Notes:
Effective date—Severability—1986 c 224: See notes following RCW 9.95.001.

catchline: Finding of fact or special verdict establishing defendant armed with deadly weapon.


title: RCW 9.95.017

text:
(1) The board shall cause to be prepared criteria for duration of confinement, release on parole, and length of parole for persons committed to prison for crimes committed before July 1, 1984.
The proposed criteria should take into consideration RCW 9.95.009(2). Before submission to the governor, the board shall solicit comments and review on their proposed criteria for parole release.
(2) Persons committed to the department of corrections and who are under the authority of the board for crimes committed on or after September 1, 2001, are subject to the provisions for duration of confinement, release to community custody, and length of community custody established in RCW 9.94A.507, 9.94A.704, 72.09.335, and 9.95.420 through 9.95.440.
[ 2009 c 28 s 22; 2008 c 231 s 40; 2003 c 218 s 2; 2001 2nd sp.s. c 12 s 321; 1986 c 224 s 11.]
Notes:
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Effective date—Severability—1986 c 224: See notes following RCW 9.95.001.

catchline: Criteria for confinement and parole.


title: RCW 9.95.020

text:
If the sentence of a person so convicted is not suspended by the court, the superintendent of a major state correctional institution shall receive such person, if committed to his or her institution, and imprison the person until released under the provisions of this chapter, under RCW 9.95.420, upon the completion of the statutory maximum sentence, or through the action of the governor.
[ 2001 2nd sp.s. c 12 s 322; 1955 c 133 s 3. Prior: 1947 c 92 s 1, part; 1935 c 114 s 2, part; Rem. Supp. 1947 s 10249-2, part.]
Notes:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.

catchline: Duties of superintendent of correctional institution.


title: RCW 9.95.028

text:
It is the intent of the legislature to expedite the inmate classification process of the department of corrections. The statement of the prosecuting attorney regarding a convicted criminal defendant should be prepared and made available to the department at the time the convicted person is placed in the custody of the department.
[ 1984 c 114 s 1.]

catchline: Statement of prosecuting attorney provided to department, when.


title: RCW 9.95.030

text:
At the time the convicted person is transported to the custody of the department of corrections, the indeterminate sentence review board shall obtain from the sentencing judge and the prosecuting attorney, a statement of all the facts concerning the convicted person's crime and any other information of which they may be possessed relative to him or her, and the sentencing judge and the prosecuting attorney shall furnish the board with such information. The sentencing judge and prosecuting attorney shall indicate to the board, for its guidance, what, in their judgment, should be the duration of the convicted person's imprisonment.
[ 2011 c 336 s 338; 1999 c 143 s 17; 1984 c 114 s 2; 1955 c 133 s 4. Prior: 1947 c 92 s 1, part; 1935 c 114 s 2, part; Rem. Supp. 1947 s 10249-2, part.]

catchline: Statement to indeterminate sentence review board.


title: RCW 9.95.031

text:
Whenever any person shall be convicted of a crime and who shall be sentenced to imprisonment or confinement in a state correctional facility, it shall be the duty of the prosecuting attorney who prosecuted such convicted person to make a statement of the facts respecting the crime for which the prisoner was tried and convicted, and include in such statement all information that the prosecuting attorney can give in regard to the career of the prisoner before the commission of the crime for which the prisoner was convicted and sentenced, stating to the best of the prosecuting attorney's knowledge whether the prisoner was industrious and of good character, and all other facts and circumstances that may tend to throw any light upon the question as to whether such prisoner is capable of again becoming a good citizen.
[ 1992 c 7 s 23; 1929 c 158 s 1; RRS s 10254.]
Notes:
Reviser's note: This section and RCW 9.95.032 antedate the 1935 act (1935 c 114) that created the board of prison terms and paroles. They were not expressly repealed thereby, although part of section 2 of the 1935 act (RCW 9.95.030) contains similar provisions. The effect of 1935 c 114 (as amended) upon other unrepealed prior laws is discussed in Lindsey v. Superior Court, 33 Wn.2d 94 (1949) at pp 99-100.

catchline: Statement of prosecuting attorney.


title: RCW 9.95.032

text:
Such statement shall be signed by the prosecuting attorney and approved by the judge by whom the judgment was rendered and shall be delivered to the sheriff, traveling guard, department of corrections personnel, or other officer executing the sentence, and a copy of such statement shall be furnished to the defendant or his or her attorney. Such officer shall deliver the statement, at the time of the prisoner's commitment, to the superintendent of the institution to which such prisoner has been committed. The superintendent shall make such statement available for use by the board.
[ 2001 2nd sp.s. c 12 s 323; 1984 c 114 s 3; 1929 c 158 s 2; RRS s 10255.]
Notes:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.

catchline: Statement of prosecuting attorney—Delivery of statement.


title: RCW 9.95.040

text:
The board shall fix the duration of confinement for persons committed by the court before July 1, 1986, for crimes committed before July 1, 1984. Within six months after the admission of the convicted person to a state correctional facility, the board shall fix the duration of confinement. The term of imprisonment so fixed shall not exceed the maximum provided by law for the offense of which the person was convicted or the maximum fixed by the court where the law does not provide for a maximum term.
Subject to RCW 9.95.047, the following limitations are placed on the board or the court for persons committed to a state correctional facility on or after July 1, 1986, for crimes committed before July 1, 1984, with regard to fixing the duration of confinement in certain cases, notwithstanding any provisions of law specifying a lesser sentence:
(1) For a person not previously convicted of a felony but armed with a deadly weapon at the time of the commission of the offense, the duration of confinement shall not be fixed at less than five years.
(2) For a person previously convicted of a felony either in this state or elsewhere and who was armed with a deadly weapon at the time of the commission of the offense, the duration of confinement shall not be fixed at less than seven and one-half years.
The words "deadly weapon," as used in this section include, but are not limited to, any instrument known as a blackjack, sling shot, billy, sand club, sandbag, metal knuckles, any dirk, dagger, pistol, revolver, or any other firearm, any knife having a blade longer than three inches, any razor with an unguarded blade, any metal pipe or bar used or intended to be used as a club, any explosive, and any weapon containing poisonous or injurious gas.
(3) For a person convicted of being an habitual criminal within the meaning of the statute which provides for mandatory life imprisonment for such habitual criminals, the duration of confinement shall not be fixed at less than fifteen years.
(4) Any person convicted of embezzling funds from any institution of public deposit of which the person was an officer or stockholder, the duration of confinement shall be fixed at not less than five years.
Except when an inmate of a state correctional facility has been convicted of murder in the first or second degree, the board may parole an inmate prior to the expiration of a mandatory minimum term, provided such inmate has demonstrated a meritorious effort in rehabilitation and at least two-thirds of the board members concur in such action: PROVIDED, That any inmate who has a mandatory minimum term and is paroled prior to the expiration of such term according to the provisions of this chapter shall not receive a conditional release from supervision while on parole until after the mandatory minimum term has expired.
An inmate serving a sentence fixed under this chapter, whether or not a mandatory minimum term has expired, may be granted an extraordinary medical placement by the secretary of corrections when authorized under RCW 9.94A.728(1)(c).
[ 2025 c 58 s 2004; 1999 c 324 s 4. Prior: 1993 c 144 s 4; 1993 c 140 s 1; 1992 c 7 s 24; 1986 c 224 s 9; 1975-'76 2nd ex.s. c 63 s 2; 1961 c 138 s 2; 1955 c 133 s 5; prior: 1947 c 92 s 1, part; 1935 c 114 s 2, part; Rem. Supp. 1947 s 10249-2, part.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—1993 c 144: See note following RCW 9.95.045.
Effective date—Severability—1986 c 224: See notes following RCW 9.95.001.

catchline: Terms fixed by board—Minimums for certain cases.


title: RCW 9.95.045

text:
(1) An inmate convicted of murder may petition the indeterminate sentence review board to review the inmate's sentence if the petition alleges the following:
(a) The inmate was sentenced for a murder committed prior to July 23, 1989, which was the effective date of section 1, chapter 408, Laws of 1989, as codified in RCW 9.94A.535(1)(h). RCW 9.94A.535(1)(h) provides that the sentencing court may consider as a mitigating factor evidence that the defendant or the defendant's children suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense was a response to that abuse;
(b) RCW 9.94A.535(1)(h), if effective when the defendant committed the crime, would have provided a basis for the defendant to seek a mitigated sentence; and
(c) The sentencing court when determining what sentence to impose, did not consider evidence that the victim subjected the defendant or the defendant's children to a continuing pattern of sexual or physical abuse and the murder was in response to that abuse.
(2) An inmate who seeks to have his or her sentence reviewed under this section must petition the board for review no later than October 1, 1993. The petition may be by letter requesting review.
(3)(a) If the inmate was convicted of a murder committed prior to July 1, 1984, and the inmate is under the jurisdiction of the indeterminate sentence review board, the board shall conduct the review as provided in RCW 9.95.047. If the inmate was sentenced pursuant to chapter 9.94A RCW for a murder committed after June 30, 1984, but before July 23, 1989, the board shall conduct the review and may make appropriate recommendations to the sentencing court as provided in RCW 9.94A.890. The board shall complete its review of the petitions and submit recommendations to the sentencing courts or their successors by October 1, 1994.
(b) When reviewing petitions, the board shall solicit recommendations from the prosecuting attorneys of the counties where the petitioners were convicted, and shall accept input from other interested parties.
[ 1993 c 144 s 1.]
Notes:
Effective date—1993 c 144: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 30, 1993]." [ 1993 c 144 s 7.]

catchline: Abused victim—Reduction in sentence for murder of abuser—Petition for review.


title: RCW 9.95.047

text:
(1) If an inmate under the board's jurisdiction files a petition for review under RCW 9.95.045, the board shall review the duration of the inmate's confinement, including review of the minimum term and parole eligibility review dates. The board shall consider whether:
(a) The petitioner was convicted for a murder committed prior to the effective date of RCW 9.94A.535(1)(h);
(b) RCW 9.94A.535(1)(h), if effective when the petitioner committed the crime, would have provided a basis for the petitioner to seek a mitigated sentence; and
(c) The sentencing court and prosecuting attorney, when making their minimum term recommendations, considered evidence that the victim subjected the petitioner or the petitioner's children to a continuing pattern of sexual or physical abuse and the murder was in response to that abuse.
(2) The board may reset the minimum term and parole eligibility review date of a petitioner convicted of murder if the board finds that had RCW 9.94A.535(1)(h) been effective when the petitioner committed the crime, the petitioner may have received an exceptional mitigating sentence.
[ 1993 c 144 s 2.]
Notes:
Effective date—1993 c 144: See note following RCW 9.95.045.

catchline: Abused victim—Considerations of board in reviewing petition.


title: RCW 9.95.052

text:
At any time after the board (or the court after July 1, 1986) has determined the minimum term of confinement of any person subject to confinement in a state correctional institution for a crime committed before July 1, 1984, the board may request the superintendent of such correctional institution to conduct a full review of such person's prospects for rehabilitation and report to the board the facts of such review and the resulting findings. Upon the basis of such report and such other information and investigation that the board deems appropriate, the board may redetermine and refix such convicted person's minimum term of confinement whether the term was set by the board or the court.
The board shall not reduce a person's minimum term of confinement unless the board has received from the department of corrections all institutional conduct reports relating to the person.
[ 2001 2nd sp.s. c 12 s 324; 1986 c 224 s 10; 1983 c 196 s 1; 1972 ex.s. c 67 s 1.]
Notes:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Effective date—Severability—1986 c 224: See notes following RCW 9.95.001.

catchline: Redetermination and refixing of minimum term of confinement.


title: RCW 9.95.055

text:
The indeterminate sentence review board is hereby granted authority, in the event of a declaration by the governor that a war emergency exists, including a general mobilization, and for the duration thereof only, to reduce downward the minimum term, as set by the board, of any inmate under the jurisdiction of the board confined in a state correctional facility, who will be accepted by and inducted into the armed services: PROVIDED, That a reduction downward shall not be made under this section for those inmates who: (1) Are confined for (a) treason; (b) murder in the first degree; or (c) rape of a child in the first degree where the victim is under ten years of age or an equivalent offense under prior law; (2) are being considered for civil commitment as a sexually violent predator under chapter 71.09 RCW; or (3) were sentenced under RCW 9.94A.507 for a crime committed on or after September 1, 2001.
[ 2009 c 28 s 23; 2003 c 218 s 3; 2001 2nd sp.s. c 12 s 325; 1992 c 7 s 25; 1951 c 239 s 1.]
Notes:
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.

catchline: Reduction of sentences during war emergency.


title: RCW 9.95.060

text:
When a convicted person seeks appellate review of his or her conviction and is at liberty on bond pending the determination of the proceeding by the supreme court or the court of appeals, credit on his or her sentence will begin from the date such convicted person is returned to custody. The date of return to custody shall be certified to the department of corrections, the indeterminate sentence review board, and the prosecuting attorney of the county in which such convicted person was convicted and sentenced, by the sheriff of such county. If such convicted person does not seek review of the conviction, but is at liberty for a period of time subsequent to the signing of the judgment and sentence, or becomes a fugitive, credit on his sentence will begin from the date such convicted person is returned to custody. The date of return to custody shall be certified as provided in this section. In all other cases, credit on a sentence will begin from the date the judgment and sentence is signed by the court.
[ 1999 c 143 s 18; 1988 c 202 s 15; 1981 c 136 s 36; 1979 c 141 s 1; 1971 c 81 s 46; 1967 c 200 s 10; 1955 c 133 s 7. Prior: 1947 c 92 s 1, part; 1935 c 114 s 2, part; Rem. Supp. s10249-2, part.]
Notes:
Severability—1988 c 202: See note following RCW 2.24.050.
Effective date—1981 c 136: See RCW 72.09.900.

catchline: When sentence begins to run.


title: RCW 9.95.062

text:
(1) Notwithstanding CrR 3.2 or RAP 7.2, an appeal by a defendant in a criminal action shall not stay the execution of the judgment of conviction, if the court determines by a preponderance of the evidence that:
(a) The defendant is likely to flee or to pose a danger to the safety of any other person or the community if the judgment is stayed; or
(b) The delay resulting from the stay will unduly diminish the deterrent effect of the punishment; or
(c) A stay of the judgment will cause unreasonable trauma to the victims of the crime or their families; or
(d) The defendant has not undertaken to the extent of the defendant's financial ability to pay the financial obligations under the judgment or has not posted an adequate performance bond to assure payment.
(2) An appeal by a defendant convicted of one of the following offenses shall not stay execution of the judgment of conviction: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076, and 9A.44.079); child molestation in the first, second, or third degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a minor in the first or second degree (RCW 9A.44.093 and 9A.44.096); indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW 9A.40.090); human trafficking in the first or second degree (RCW 9A.40.100); promoting commercial sexual abuse of a minor (RCW 9.68A.101); any class A or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses.
(3) In case the defendant has been convicted of a felony, and has been unable to obtain release pending the appeal by posting an appeal bond, cash, adequate security, release on personal recognizance, or any other conditions imposed by the court, the time the defendant has been imprisoned pending the appeal shall be deducted from the term for which the defendant was sentenced, if the judgment is affirmed.
[ 2011 c 111 s 3; 1996 c 275 s 9; 1989 c 276 s 1; 1969 ex.s. c 4 s 1; 1969 c 103 s 1; 1955 c 42 s 2. Prior: 1893 c 61 s 30; RRS s 1745. Formerly RCW 10.73.030, part.]
Notes:
Finding—1996 c 275: See note following RCW 9.94A.505.
Severability—1989 c 276: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 276 s 6.]

catchline: Stay of judgment—When prohibited—Credit for jail time pending appeal.


title: RCW 9.95.063

text:
If a defendant who has been imprisoned during the pendency of any posttrial proceeding in any state or federal court shall be again convicted upon a new trial resulting from any such proceeding, the period of his or her former imprisonment shall be deducted by the superior court from the period of imprisonment to be fixed on the last verdict of conviction.
[ 2011 c 336 s 339; 1971 ex.s. c 86 s 1; 1971 c 81 s 47; 1955 c 42 s 4. Prior: 1893 c 61 s 34; RRS s 1750. Formerly RCW 10.73.070, part.]

catchline: Conviction upon new trial—Former imprisonment deductible.


title: RCW 9.95.064

text:
(1) In order to minimize the trauma to the victim, the court may attach conditions on release of an offender under RCW 9.95.062, convicted of a crime committed before July 1, 1984, regarding the whereabouts of the defendant, contact with the victim, or other conditions.
(2) Offenders released under RCW 9.95.420 are subject to crime-related prohibitions and affirmative conditions established by the court, the department of corrections, or the board pursuant to RCW * 9.94A.712, 9.94A.704, 72.09.335, and 9.95.420 through 9.95.440.
[ 2008 c 231 s 41; 2001 2nd sp.s. c 12 s 326; 1989 c 276 s 4.]
Notes:
*Reviser's note: RCW 9.94A.712 was recodified as RCW 9.94A.507 pursuant to the direction found in section 56(4), chapter 231, Laws of 2008, effective August 1, 2009.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Severability—1989 c 276: See note following RCW 9.95.062.

catchline: Conditions of release.


title: RCW 9.95.070

text:
(1) Every prisoner, convicted of a crime committed before July 1, 1984, who has a favorable record of conduct at a state correctional institution, and who performs in a faithful, diligent, industrious, orderly and peaceable manner the work, duties, and tasks assigned to him or her to the satisfaction of the superintendent of the institution, and in whose behalf the superintendent of the institution files a report certifying that his or her conduct and work have been meritorious and recommending allowance of time credits to him or her, shall upon, but not until, the adoption of such recommendation by the indeterminate sentence review board, be allowed time credit reductions from the term of imprisonment fixed by the board.
(2) Offenders sentenced under RCW 9.94A.507 for a crime committed on or after September 1, 2001, are subject to the earned release provisions for sex offenders established in RCW 9.94A.728.
[ 2009 c 28 s 24; 2003 c 218 s 4; 2001 2nd sp.s. c 12 s 327; 1999 c 143 s 19; 1955 c 133 s 8. Prior: 1947 c 92 s 1, part; 1935 c 114 s 2, part; Rem. Supp. 1947 s 10249-2, part.]
Notes:
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.

catchline: Reductions for good behavior.


title: RCW 9.95.080

text:
In case any person convicted of a crime committed before July 1, 1984, and under the jurisdiction of the indeterminate sentence review board undergoing sentence in a state correctional institution commits any infractions of the rules and regulations of the institution, the board may revoke any order theretofore made determining the length of time such convicted person shall be imprisoned, including the forfeiture of all or a portion of credits earned or to be earned, pursuant to the provisions of RCW 9.95.110, and make a new order determining the length of time the person shall serve, not exceeding the maximum penalty provided by law for the crime for which the person was convicted, or the maximum fixed by the court. Such revocation and redetermination shall not be had except upon a hearing before the indeterminate sentence review board. At such hearing the convicted person shall be present and entitled to be heard and may present evidence and witnesses in his or her behalf.
[ 2001 2nd sp.s. c 12 s 328; 1992 c 7 s 26; 1972 ex.s. c 68 s 1; 1961 c 106 s 1; 1955 c 133 s 9. Prior: 1947 c 92 s 1, part; 1935 c 114 s 2, part; Rem. Supp. 1947 s 10249-2, part.]
Notes:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.

catchline: Revocation and redetermination of minimum for infractions.


title: RCW 9.95.090

text:
(1) The board shall require of every able-bodied offender confined in a state correctional institution for a crime committed before July 1, 1984, as many hours of faithful labor in each and every day during his or her term of imprisonment as shall be prescribed by the rules and regulations of the institution in which he or she is confined.
(2) Offenders sentenced under RCW 9.94A.507 for crimes committed on or after July 1, 2001, shall perform work or other programming as required by the department of corrections during their term of confinement.
[ 2009 c 28 s 25; 2001 2nd sp.s. c 12 s 329; 1999 c 143 s 20; 1955 c 133 s 10. Prior: 1947 c 92 s 1, part; 1935 c 114 s 2, part; Rem. Supp. s 10249-2, part.]
Notes:
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Labor by prisoners: Chapter 72.64 RCW.

catchline: Labor required.


title: RCW 9.95.100

text:
Any person convicted of a felony committed before July 1, 1984, and undergoing sentence in a state correctional institution, not sooner released under the provisions of this chapter, shall, in accordance with the provisions of law, be discharged from custody on serving the maximum punishment provided by law for the offense of which such person was convicted, or the maximum term fixed by the court where the law does not provide for a maximum term. The board shall not, however, until his or her maximum term expires, release a prisoner, unless in its opinion his or her rehabilitation has been complete and he or she is a fit subject for release.
[ 2001 2nd sp.s. c 12 s 330; 1955 c 133 s 11. Prior: (i) 1947 c 92 s 1, part; 1935 c 114 s 2, part; Rem. Supp. 1947 s 10249-2, part. (ii) 1939 c 142 s 1, part; 1935 c 114 s 4, part; RRS s 10249-4, part.]
Notes:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.

catchline: Prisoner released on serving maximum term.


title: RCW 9.95.110

text:
(1) The board may permit an offender convicted of a crime committed before July 1, 1984, to leave the buildings and enclosures of a state correctional institution on parole, after such convicted person has served the period of confinement fixed for him or her by the board, less time credits for good behavior and diligence in work: PROVIDED, That in no case shall an inmate be credited with more than one-third of his or her sentence as fixed by the board.
The board may establish rules and regulations under which an offender may be allowed to leave the confines of a state correctional institution on parole, and may return such person to the confines of the institution from which he or she was paroled, at its discretion.
(2) The board may permit an offender convicted of a crime committed on or after September 1, 2001, and sentenced under RCW 9.94A.507, to leave a state correctional institution on community custody according to the provisions of RCW 9.94A.507, 9.94A.704, 72.09.335, and 9.95.420 through 9.95.440. The person may be returned to the institution following a violation of his or her conditions of release to community custody pursuant to the hearing provisions of RCW 9.95.435.
[ 2009 c 28 s 26; 2008 c 231 s 42; 2003 c 218 s 7; 2001 2nd sp.s. c 12 s 331; 1999 c 143 s 21; 1955 c 133 s 12. Prior: 1939 c 142 s 1, part; 1935 c 114 s 4, part; RRS s 10249-4, part.]
Notes:
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.

catchline: Parole.


title: RCW 9.95.115

text:
The indeterminate sentence review board is hereby granted authority to parole any person sentenced to the custody of the department of corrections, under a mandatory life sentence for a crime committed before July 1, 1984, except those persons sentenced to life without the possibility of parole. No such person shall be granted parole unless the person has been continuously confined therein for a period of twenty consecutive years less earned good time: PROVIDED, That no such person shall be released under parole who is subject to civil commitment as a sexually violent predator under chapter 71.09 RCW.
[ 2001 2nd sp.s. c 12 s 332; 1989 c 259 s 3; 1951 c 238 s 1.]
Notes:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.

catchline: Parole of life term prisoners—Crimes committed before July 1, 1984.


title: RCW 9.95.116

text:
(1) The board shall fix the duration of confinement for persons committed to the custody of the department of corrections under a mandatory life sentence for a crime or crimes committed before July 1, 1984. However, no duration of confinement shall be fixed for those persons committed under a life sentence without the possibility of parole.
The duration of confinement for persons covered by this section shall be fixed no later than July 1, 1992, or within six months after the admission or readmission of the convicted person to the custody of the department of corrections, whichever is later.
(2) Prior to fixing a duration of confinement under this section, the board shall request from the sentencing judge and the prosecuting attorney an updated statement in accordance with RCW 9.95.030. In addition to the report and recommendations of the prosecuting attorney and sentencing judge, the board shall also consider any victim impact statement submitted by a victim, survivor, or a representative, and any statement submitted by an investigative law enforcement officer. The board shall provide the convicted person with copies of any new statement and an opportunity to comment thereon prior to fixing the duration of confinement.
[ 1989 c 259 s 2.]

catchline: Duration of confinement—Mandatory life sentences—Crimes committed before July 1, 1984.


title: RCW 9.95.120

text:
Whenever the board or a community corrections officer of this state has reason to believe a person convicted of a crime committed before July 1, 1984, has breached a condition of his or her parole or violated the law of any state where he or she may then be or the rules and regulations of the board, any community corrections officer of this state may arrest or cause the arrest and detention and suspension of parole of such convicted person pending a determination by the board whether the parole of such convicted person shall be revoked. All facts and circumstances surrounding the violation by such convicted person shall be reported to the board by the community corrections officer, with recommendations. The board, after consultation with the secretary of corrections, shall make all rules and regulations concerning procedural matters, which shall include the time when state community corrections officers shall file with the board reports required by this section, procedures pertaining thereto and the filing of such information as may be necessary to enable the board to perform its functions under this section. On the basis of the report by the community corrections officer, or at any time upon its own discretion, the board may revise or modify the conditions of parole or order the suspension of parole by the issuance of a written order bearing its seal, which order shall be sufficient warrant for all peace officers to take into custody any convicted person who may be on parole and retain such person in their custody until arrangements can be made by the board for his or her return to a state correctional institution for convicted felons. Any such revision or modification of the conditions of parole or the order suspending parole shall be personally served upon the parolee.
Any parolee arrested and detained in physical custody by the authority of a state community corrections officer, or upon the written order of the board, shall not be released from custody on bail or personal recognizance, except upon approval of the board and the issuance by the board of an order of reinstatement on parole on the same or modified conditions of parole.
All chiefs of police, marshals of cities and towns, sheriffs of counties, and all police, prison, and peace officers and constables shall execute any such order in the same manner as any ordinary criminal process.
Whenever a paroled prisoner is accused of a violation of his or her parole, other than the commission of, and conviction for, a felony or misdemeanor under the laws of this state or the laws of any state where he or she may then be, he or she shall be entitled to a fair and impartial hearing of such charges within thirty days from the time that he or she is served with charges of the violation of conditions of parole after his or her arrest and detention. The hearing shall be held before one or more members of the board at a place or places, within this state, reasonably near the site of the alleged violation or violations of parole.
In the event that the board suspends a parole by reason of an alleged parole violation or in the event that a parole is suspended pending the disposition of a new criminal charge, the board shall have the power to nullify the order of suspension and reinstate the individual to parole under previous conditions or any new conditions that the board may determine advisable. Before the board shall nullify an order of suspension and reinstate a parole they shall have determined that the best interests of society and the individual shall best be served by such reinstatement rather than a return to a correctional institution.
[ 2003 c 218 s 5; 2001 2nd sp.s. c 12 s 333; 1999 c 143 s 22; 1981 c 136 s 37; 1979 c 141 s 2; 1969 c 98 s 2; 1961 c 106 s 2; 1955 c 133 s 13. Prior: 1939 c 142 s 1, part; 1935 c 114 s 4, part; RRS s 10249-4, part.]
Notes:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Effective date—1981 c 136: See RCW 72.09.900.
Severability—1969 c 98: "If any provision of this act, or its application to any person or circumstance is invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1969 c 98 s 10.]
Effective date—1969 c 98: "This act shall take effect on July 1, 1969." [ 1969 c 98 s 11.]
Violations of parole or probation—Revision of parole conditions—Rearrest—Detention: RCW 72.04A.090.

catchline: Suspension, revision of parole—Community corrections officers—Hearing—Retaking violators—Reinstatement.


title: RCW 9.95.121

text:
(1) For offenders convicted of crimes committed before July 1, 1984, within fifteen days from the date of notice to the department of corrections of the arrest and detention of the alleged parole violator, he or she shall be personally served by a state community corrections officer with a copy of the factual allegations of the violation of the conditions of parole, and, at the same time shall be advised of his or her right to an on-site parole revocation hearing and of his or her rights and privileges as provided in RCW 9.95.120 through 9.95.126. The alleged parole violator, after service of the allegations of violations of the conditions of parole and the advice of rights may waive the on-site parole revocation hearing as provided in RCW 9.95.120, and admit one or more of the alleged violations of the conditions of parole. If the board accepts the waiver it shall either, (a) reinstate the parolee on parole under the same or modified conditions, or (b) revoke the parole of the parolee and enter an order of parole revocation and return to state custody. A determination of a new minimum sentence shall be made within thirty days of return to state custody which shall not exceed the maximum sentence as provided by law for the crime of which the parolee was originally convicted or the maximum fixed by the court.
If the waiver made by the parolee is rejected by the board it shall hold an on-site parole revocation hearing under the provisions of RCW 9.95.120 through 9.95.126.
(2) Offenders sentenced under RCW 9.94A.507 are subject to the violation hearing process established in RCW 9.95.435.
[ 2009 c 28 s 27; 2001 2nd sp.s. c 12 s 334; 1981 c 136 s 38; 1979 c 141 s 3; 1969 c 98 s 3.]
Notes:
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Effective date—1981 c 136: See RCW 72.09.900.
Severability—Effective date—1969 c 98: See notes following RCW 9.95.120.

catchline: On-site revocation hearing—Procedure when waived.


title: RCW 9.95.122

text:
(1) At any on-site parole revocation hearing for a person convicted of a crime committed before July 1, 1984, the alleged parole violator shall be entitled to be represented by an attorney of his or her own choosing and at his or her own expense, except, upon the presentation of satisfactory evidence of indigency and the request for the appointment of an attorney by the alleged parole violator, the board may cause the appointment of an attorney to represent the alleged parole violator to be paid for at state expense, and, in addition, the board may assume all or such other expenses in the presentation of evidence on behalf of the alleged parole violator as it may have authorized: PROVIDED, That funds are available for the payment of attorneys' fees and expenses. Attorneys for the representation of alleged parole violators in on-site hearings shall be appointed by the superior courts for the counties wherein the on-site parole revocation hearing is to be held and such attorneys shall be compensated in such manner and in such amount as shall be fixed in a schedule of fees adopted by rule of the board.
(2) The rights of offenders sentenced under RCW 9.94A.507 are defined in RCW 9.95.435.
[ 2009 c 28 s 28; 2001 2nd sp.s. c 12 s 335; 1999 c 143 s 23; 1969 c 98 s 4.]
Notes:
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Severability—Effective date—1969 c 98: See notes following RCW 9.95.120.

catchline: On-site revocation hearing—Representation for alleged violators—Compensation.


title: RCW 9.95.123

text:
In conducting on-site parole hearings or community custody revocation or violations hearings, the board shall have the authority to administer oaths and affirmations, examine witnesses, receive evidence, and issue subpoenas for the compulsory attendance of witnesses and the production of evidence for presentation at such hearings. Subpoenas issued by the board shall be effective throughout the state. Witnesses in attendance at any on-site parole or community custody revocation hearing shall be paid the same fees and allowances, in the same manner and under the same conditions as provided for witnesses in the courts of the state in accordance with chapter 2.40 RCW. If any person fails or refuses to obey a subpoena issued by the board, or obeys the subpoena but refuses to testify concerning any matter under examination at the hearing, the board may petition the superior court of the county where the hearing is being conducted for enforcement of the subpoena: PROVIDED, That an offer to pay statutory fees and mileage has been made to the witness at the time of the service of the subpoena. The petition shall be accompanied by a copy of the subpoena and proof of service, and shall set forth in what specific manner the subpoena has not been complied with, and shall ask an order of the court to compel the witness to appear and testify before the board. The court, upon such petition, shall enter an order directing the witness to appear before the court at a time and place to be fixed in such order and then and there to show cause why he or she has not responded to the subpoena or has refused to testify. A copy of the order shall be served upon the witness. If it appears to the court that the subpoena was properly issued and that the particular questions which the witness refuses to answer are reasonable and relevant, the court shall enter an order that the witness appear at the time and place fixed in the order and testify or produce the required papers, and on failing to obey the order, the witness shall be dealt with as for contempt of court.
[ 2008 c 231 s 43; 2001 2nd sp.s. c 12 s 336; 1999 c 143 s 24; 1969 c 98 s 5.]
Notes:
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Severability—Effective date—1969 c 98: See notes following RCW 9.95.120.

catchline: On-site parole or community custody revocation or violations hearings—Conduct—Witnesses—Subpoenas, enforcement.


title: RCW 9.95.124

text:
At all on-site parole revocation hearings for offenders convicted of crimes committed before July 1, 1984, the community corrections officers of the department of corrections, having made the allegations of the violations of the conditions of parole, may be represented by the attorney general. The attorney general may make independent recommendations to the board about whether the violations constitute sufficient cause for the revocation of the parole and the return of the parolee to a state correctional institution for convicted felons. The hearings shall be open to the public unless the board for specifically stated reasons closes the hearing in whole or in part. The hearings shall be recorded either manually or by a mechanical recording device. An alleged parole violator may be requested to testify and any such testimony shall not be used against him or her in any criminal prosecution. The board shall adopt rules governing the formal and informal procedures authorized by this chapter and make rules of practice before the board in on-site parole revocation hearings, together with forms and instructions.
[ 2001 2nd sp.s. c 12 s 337; 1999 c 143 s 25; 1983 c 196 s 2; 1981 c 136 s 39; 1979 c 141 s 4; 1969 c 98 s 6.]
Notes:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Effective date—1981 c 136: See RCW 72.09.900.
Severability—Effective date—1969 c 98: See notes following RCW 9.95.120.

catchline: On-site revocation hearing—Attorney general's recommendations—Procedural rules.


title: RCW 9.95.125

text:
After the on-site parole revocation hearing for a person convicted of a crime committed before July 1, 1984, has been concluded, the members of the board having heard the matter shall enter their decision of record within ten days, and make findings and conclusions upon the allegations of the violations of the conditions of parole. If the member, or members having heard the matter, should conclude that the allegations of violation of the conditions of parole have not been proven by a preponderance of the evidence, or, those which have been proven by a preponderance of the evidence are not sufficient cause for the revocation of parole, then the parolee shall be reinstated on parole on the same or modified conditions of parole. For parole violations not resulting in new convictions, modified conditions of parole may include sanctions according to an administrative sanction grid. If the member or members having heard the matter should conclude that the allegations of violation of the conditions of parole have been proven by a preponderance of the evidence and constitute sufficient cause for the revocation of parole, then such member or members shall enter an order of parole revocation and return the parole violator to state custody. Within thirty days of the return of such parole violator to a state correctional institution the board shall enter an order determining a new minimum term not exceeding the maximum penalty provided by law for the crime for which the parole violator was originally convicted or the maximum fixed by the court.
[ 2001 2nd sp.s. c 12 s 338; 1993 c 140 s 2; 1969 c 98 s 7.]
Notes:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Severability—Effective date—1969 c 98: See notes following RCW 9.95.120.

catchline: On-site parole revocation hearing—Board's decision—Reinstatement or revocation of parole.


title: RCW 9.95.126

text:
All officers and employees of the state, counties, cities and political subdivisions of this state shall cooperate with the board in making available suitable facilities for conducting parole or community custody revocation hearings.
[ 2001 2nd sp.s. c 12 s 339; 1969 c 98 s 8.]
Notes:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Severability—Effective date—1969 c 98: See notes following RCW 9.95.120.

catchline: On-site revocation hearing—Cooperation in providing facilities.


title: RCW 9.95.130

text:
From and after the suspension, cancellation, or revocation of the parole of any offender convicted of a crime committed before July 1, 1984, and until his or her return to custody the offender shall be deemed an escapee and a fugitive from justice. The indeterminate sentence review board may deny credit against the maximum sentence any time during which he or she is an escapee and fugitive from justice.
[ 2001 2nd sp.s. c 12 s 340; 1993 c 140 s 3; 1955 c 133 s 14. Prior: 1939 c 142 s 1, part; 1935 c 114 s 4, part; RRS s 10249-4, part.]
Notes:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.

catchline: Parole-revoked offender as escapee.


title: RCW 9.95.140

text:
(1) The board shall cause a complete record to be kept of every prisoner under the jurisdiction of the board released on parole or community custody. Such records shall be organized in accordance with the most modern methods of filing and indexing so that there will be always immediately available complete information about each such prisoner. Subject to information sharing provisions related to offenders with mental illness and the end of sentence review committee, the board may make rules as to the privacy of such records and their use by others than the board and the department staff assigned to perform board-related duties. Sex offenders convicted of crimes committed before July 1, 1984, who are under the board's jurisdiction shall be subject to the determinations of the end of sentence review committee regarding risk level and subject to sex offender registration and community notification. The board and the department staff assigned to perform board-related duties shall be immune from liability for the release of information concerning sex offenders as provided in RCW 4.24.550.
The superintendents of state correctional facilities and all officers and employees thereof and all other public officials shall at all times cooperate with the board and furnish to the board and staff assigned to perform board-related duties such information as may be necessary to enable it to perform its functions, and such superintendents and other employees shall at all times give the members of the board and staff assigned to perform board-related duties free access to all prisoners confined in the state correctional facilities.
(2) Offenders sentenced under RCW 9.94A.507 shall be subject to the determinations of the end of sentence review committee regarding risk level and subject to sex offender registration and community notification.
(3) The end of sentence review committee shall make law enforcement notifications for offenders under board jurisdiction on the same basis that it notifies law enforcement regarding offenders sentenced under chapter 9.94A RCW for crimes committed after July 1, 1984.
[ 2011 1st sp.s. c 40 s 19; 2009 c 28 s 29; 2001 2nd sp.s. c 12 s 341; 1992 c 7 s 27; 1990 c 3 s 126; 1955 c 133 s 15. Prior: 1939 c 142 s 1, part; 1935 c 114 s 4, part; RRS s 10249-4, part.]
Notes:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Washington state patrol identification and criminal history section: RCW 43.43.700 through 43.43.765.

catchline: Record of parolees—Privacy—Release of sex offender information—Immunity from liability—Cooperation by officials and employees.


title: RCW 9.95.143

text:
When an offender receiving court-ordered mental health or chemical dependency 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 or chemical dependency treatment provider whether he or she is subject to supervision by the department of corrections. If an offender has received relief from disclosure pursuant to RCW 9.94A.562 or 71.05.132, the offender must provide the mental health or chemical dependency treatment provider with a copy of the order granting the relief.
[ 2016 sp.s. c 29 s 404; 2004 c 166 s 10.]
Notes:
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Severability—Effective dates—2004 c 166: See notes following RCW 71.05.040.


title: RCW 9.95.150

text:
The board shall make all necessary rules and regulations to carry out the provisions of this chapter not inconsistent therewith, and may provide the forms of all documents necessary therefor.
[ 1999 c 143 s 26; 1955 c 133 s 16. Prior: 1939 c 142 s 1, part; 1935 c 114 s 4, part; RRS s 10249-4, part.]

catchline: Rules and regulations.


title: RCW 9.95.160

text:
This chapter shall not limit or circumscribe the powers of the governor to commute the sentence of, or grant a pardon to, any convicted person, and the governor may cancel or revoke the parole granted to any convicted person by the board. The written order of the governor canceling or revoking such parole shall have the same force and effect and be executed in like manner as an order of the board.
[ 1999 c 143 s 27; 1955 c 133 s 17. Prior: 1939 c 142 s 1, part; 1935 c 114 s 4, part; RRS s 10249-4, part.]

catchline: Governor's powers not affected—Revocation of paroles granted by board.


title: RCW 9.95.170

text:
To assist it in fixing the duration of a convicted person's term of confinement, and in fixing the condition for release from custody on parole, it shall not only be the duty of the board to thoroughly inform itself as to the facts of such convicted person's crime but also to inform itself as thoroughly as possible as to such convict as a personality. The department of corrections and the institutions under its control shall make available to the board on request its case investigations, any file or other record, in order to assist the board in developing information for carrying out the purpose of this section.
[ 1999 c 143 s 28; 1981 c 136 s 40; 1979 c 141 s 5; 1967 c 134 s 13; 1935 c 114 s 3; RRS s 10249-3.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Board to inform itself as to each convict—Records from department of corrections.


title: RCW 9.95.190

text:
The provisions of RCW 9.95.010 through 9.95.170, inclusive, shall apply to all convicted persons serving time in a state correctional facility for crimes committed before July 1, 1984, to the end that at all times the same provisions relating to sentences, imprisonments, and paroles of prisoners shall apply to all inmates thereof.
[ 2001 2nd sp.s. c 12 s 342; 1992 c 7 s 28; 1983 c 3 s 10; 1955 c 133 s 18. Prior: (i) 1939 c 142 s 1, part; 1935 c 114 s 4, part; RRS s 10249-4, part. (ii) 1947 c 92 s 2, part; Rem. Supp. 1947 s 10249-2a, part.]
Notes:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.

catchline: Application of RCW 9.95.010 through 9.95.170 to inmates previously committed.


title: RCW 9.95.200

text:
After conviction by plea or verdict of guilty of any crime, the court upon application or its own motion, may summarily grant or deny probation, or at a subsequent time fixed may hear and determine, in the presence of the defendant, the matter of probation of the defendant, and the conditions of such probation, if granted. The court may, in its discretion, prior to the hearing on the granting of probation, refer the matter to the secretary of corrections or such officers as the secretary may designate for investigation and report to the court at a specified time, upon the circumstances surrounding the crime and concerning the defendant, his or her prior record, and his or her family surroundings and environment.
[ 2011 c 336 s 340; 1981 c 136 s 41; 1979 c 141 s 6; 1967 c 134 s 15; 1957 c 227 s 3. Prior: 1949 c 59 s 1; 1939 c 125 s 1, part; 1935 c 114 s 5; Rem. Supp. 1949 s 10249-5a.]
Notes:
Rules of court: ER 410.
Effective date—1981 c 136: See RCW 72.09.900.
Severability—1939 c 125: "If any section or provision of this act shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of this act as a whole, or of any section, provision or part thereof not adjudged invalid or unconstitutional." [1939 c 125 s 3 p 356.]
Suspending sentences: RCW 9.92.060.

catchline: Probation by court—Investigation by secretary of corrections.


title: RCW 9.95.204

text:
(1) When a superior court places a defendant convicted of a misdemeanor or gross misdemeanor on probation and orders supervision under RCW 9.92.060 or 9.95.210, the department of corrections has responsibility for supervision of defendants pursuant to RCW 9.94A.501 and * 9.94A.5011.
(2) A county legislative authority may assume responsibility for the supervision of defendants within its jurisdiction who have been convicted of a misdemeanor or gross misdemeanor and sentenced to probation by a superior court. If a county legislative authority chooses to assume responsibility for defendants supervised by the department, the assumption of responsibility shall be made by contract with the department of corrections on a biennial basis.
(3) The state of Washington, the department of corrections and its employees, community corrections officers, and volunteers who assist community corrections officers are not liable for any harm caused by the actions of a superior court misdemeanant probationer who is under the supervision of a county. A county, its probation department and employees, probation officers, and volunteers who assist probation officers are not liable for any harm caused by the actions of a superior court misdemeanant probationer who is under the supervision of the department of corrections.
(4) The state of Washington, the department of corrections and its employees, community corrections officers, any county providing supervision services pursuant to this section and its employees, probation officers, and volunteers who assist community corrections officers and probation officers in the superior court misdemeanant probation program are not liable for civil damages resulting from any act or omission in the rendering of superior court misdemeanant probation activities unless the act or omission constitutes gross negligence. For purposes of this section, "volunteers" is defined according to RCW 51.12.035.
(5)(a) If a misdemeanant probationer requests permission to travel or transfer to another state, the assigned probation officer employed or contracted for by the county shall determine whether such request is subject to RCW 9.94A.745, the interstate compact for adult offender supervision. If such request is subject to the compact, the probation officer shall:
(i) Notify the department of corrections of the probationer's request;
(ii) Provide the department of corrections with the supporting documentation it requests for processing an application for transfer;
(iii) Cease supervision of the probationer while another state supervises the probationer pursuant to the compact;
(iv) Resume supervision if the probationer returns to this state before the term of probation expires.
(b) The probationer shall receive credit for time served while being supervised by another state.
[ 2022 c 29 s 11; 2011 1st sp.s. c 40 s 6. Prior: 2005 c 400 s 2; 2005 c 362 s 3; 1996 c 298 s 1.]
Notes:
*Reviser's note: RCW 9.94A.5011 expired August 1, 2014.
Housing voucher program outcome evaluation and benefit-cost analysis—Transfer of residual funds to the general fund—2022 c 29: See notes following RCW 9.94A.729.
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date—2011 1st sp.s. c 40 ss 1-9, 42: See note following RCW 9.94A.501.
Application—Effective date—2005 c 400: See notes following RCW 9.94A.74504.
Effective date—2005 c 362: See note following RCW 9.94A.501.

catchline: Misdemeanant probation services—County supervision.


title: RCW 9.95.210

text:
(1)(a) Except as provided in (b) of this subsection in granting probation, the superior court may suspend the imposition or the execution of the sentence and may direct that the suspension may continue upon such conditions and for such time as it shall designate, not exceeding the maximum term of sentence or two years, whichever is longer.
(b) For a defendant sentenced for a domestic violence offense, or under RCW 46.61.5055, the superior court may suspend the imposition or the execution of the sentence and may direct that the suspension continue upon such conditions and for such time as the court shall designate, not to exceed five years. The court shall have continuing jurisdiction and authority to suspend the execution of all or any part of the sentence upon stated terms, including installment payment of fines. A defendant who has been sentenced, and who then fails to appear for any hearing to address the defendant's compliance with the terms of probation when ordered to do so by the court shall have the term of probation tolled until such time as the defendant makes his or her presence known to the court on the record. Any time before entering an order terminating probation, the court may modify or revoke its order suspending the imposition or execution of the sentence if the defendant violates or fails to carry out any of the conditions of the suspended sentence.
(2) In the order granting probation and as a condition thereof, the superior court may in its discretion imprison the defendant in the county jail for a period not exceeding one year and may fine the defendant any sum not exceeding the statutory limit for the offense committed, and court costs. As a condition of probation, the superior court may require the defendant to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement; (c) to pay such fine as may be imposed and court costs, including reimbursement of the state for costs of extradition if return to this state by extradition was required; (d) following consideration of the financial condition of the person subject to possible electronic monitoring, to pay for the costs of electronic monitoring if that monitoring was required by the court as a condition of release from custody or as a condition of probation; (e) to contribute to a county or interlocal drug fund; and (f) to make restitution to a public agency for the costs of an emergency response under RCW 38.52.430, and may require bonds for the faithful observance of any and all conditions imposed in the probation.
(3) The superior court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the superior court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the superior court within one year of imposition of the sentence for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the superior court shall hold a restitution hearing and shall enter a restitution order.
(4) At any time, including at sentencing, the court may determine that the offender is not required to pay, or may relieve the offender of the requirement to pay, full or partial restitution and accrued interest on restitution where the entity to whom restitution is owed is an insurer or a state agency, except for restitution owed to the department of labor and industries under chapter 7.68 RCW, if the court finds that the offender does not have the current or likely future ability to pay. A person does not have the current ability to pay if the person is indigent as defined in RCW 10.01.160(3). For the purposes of this subsection, the terms "insurer" and "state agency" have the same meanings as provided in RCW 9.94A.750(3).
(5) In granting probation, the superior court may order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow the instructions of the secretary for up to twelve months. If the county legislative authority has elected to assume responsibility for the supervision of superior court misdemeanant probationers within its jurisdiction, the superior court misdemeanant probationer shall report to a probation officer employed or contracted for by the county. In cases where a superior court misdemeanant probationer is sentenced in one county, but resides within another county, there must be provisions for the probationer to report to the agency having supervision responsibility for the probationer's county of residence.
(6) If the probationer has been ordered to make restitution and the superior court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made. If the superior court has ordered supervision and restitution has not been made as ordered, the officer shall inform the prosecutor of that violation of the terms of probation not less than three months prior to the termination of the probation period. The secretary of corrections will promulgate rules and regulations for the conduct of the person during the term of probation. For defendants found guilty in district court, like functions as the secretary performs in regard to probation may be performed by probation officers employed for that purpose by the county legislative authority of the county wherein the court is located.
(7) The provisions of RCW 9.94A.501 and * 9.94A.5011 apply to sentences imposed under this section.
(8) For purposes of this section, "domestic violence" means the same as in RCW 10.99.020.
[ 2023 c 449 s 11; 2022 c 260 s 7; 2019 c 263 s 302; 2012 1st sp.s. c 6 s 10; (2012 1st sp.s. c 6 s 9 expired August 1, 2012); 2012 c 183 s 4; 2011 1st sp.s. c 40 s 7; 2005 c 362 s 4; 1996 c 298 s 3; 1995 1st sp.s. c 19 s 29; 1995 c 33 s 6; 1993 c 251 s 3; 1992 c 86 s 1; 1987 c 202 s 146; 1984 c 46 s 1; 1983 c 156 s 4; 1982 1st ex.s. c 47 s 10; 1982 1st ex.s. c 8 s 5; 1981 c 136 s 42; 1980 c 19 s 1. Prior: 1979 c 141 s 7; 1979 c 29 s 2; 1969 c 29 s 1; 1967 c 200 s 8; 1967 c 134 s 16; 1957 c 227 s 4; prior: 1949 c 77 s 1; 1939 c 125 s 1, part; Rem. Supp. 1949 s 10249-5b.]
Notes:
*Reviser's note: RCW 9.94A.5011 expired August 1, 2014.
Effective date—2023 c 449: See note following RCW 13.40.058.
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Findings—Intent—Domestic violence no-contact orders—2019 c 263 ss 302 and 303: See note following RCW 10.99.050.
Effective date—2012 1st sp.s. c 6 s 10: "Section 10 of this act takes effect August 1, 2012." [ 2012 1st sp.s. c 6 s 17.]
Expiration date—2012 1st sp.s. c 6 s 9: "Section 9 of this act expires August 1, 2012." [ 2012 1st sp.s. c 6 s 16.]
Application—2012 1st sp.s. c 6: See note following RCW 9.94A.631.
Effective date—2012 c 183: See note following RCW 9.94A.475.
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date—2011 1st sp.s. c 40 ss 1-9, 42: See note following RCW 9.94A.501.
Effective date—2005 c 362: See note following RCW 9.94A.501.
Findings—Purpose—Short title—Severability—Effective date—1995 1st sp.s. c 19: See notes following RCW 72.09.450.
Finding—Intent—1993 c 251: See note following RCW 38.52.430.
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
Intent—Reports—1982 1st ex.s. c 8: See note following RCW 7.68.035.
Effective date—1981 c 136: See RCW 72.09.900.
Severability—1939 c 125: See note following RCW 9.95.200.
Restitution
alternative to fine: RCW 9A.20.030.
condition to suspending sentence: RCW 9.92.060.
disposition when victim not found or dead: RCW 7.68.290.
Termination of suspended sentence, restoration of civil rights: RCW 9.92.066.
Violations of probation conditions, rearrest, detention: RCW 72.04A.090.

catchline: Conditions of probation.


title: RCW 9.95.214

text:
Whenever a defendant convicted of a misdemeanor or gross misdemeanor is placed on probation under RCW 9.92.060 or 9.95.210, and the defendant is supervised by a county probation department, the county probation department may assess and collect from the defendant for the duration of the term of supervision a monthly assessment not to exceed $100 per month. This assessment shall be paid to the agency supervising the defendant and shall be applied, along with funds appropriated by the legislature, toward the payment or part payment of the cost of supervising the defendant. The county probation department shall suspend such assessment while the defendant is being supervised by another state pursuant to RCW 9.94A.745, the interstate compact for adult offender supervision.
[ 2022 c 29 s 5; 2011 1st sp.s. c 40 s 11; 2005 c 400 s 3; 1996 c 298 s 4; 1995 1st sp.s. c 19 s 32.]
Notes:
Housing voucher program outcome evaluation and benefit-cost analysis—Transfer of residual funds to the general fund—2022 c 29: See notes following RCW 9.94A.729.
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Application—Effective date—2005 c 400: See notes following RCW 9.94A.74504.
Findings—Purpose—Short title—Severability—Effective date—1995 1st sp.s. c 19: See notes following RCW 72.09.450.

catchline: Assessments for supervision of misdemeanant probationers.


title: RCW 9.95.220

text:
(1) Except as provided in subsection (2) of this section, whenever the state parole officer or other officer under whose supervision the probationer has been placed shall have reason to believe such probationer is violating the terms of his or her probation, or engaging in criminal practices, or is abandoned to improper associates, or living a vicious life, he or she shall cause the probationer to be brought before the court wherein the probation was granted. For this purpose any peace officer or state parole officer may rearrest any such person without warrant or other process. The court may thereupon in its discretion without notice revoke and terminate such probation. In the event the judgment has been pronounced by the court and the execution thereof suspended, the court may revoke such suspension, whereupon the judgment shall be in full force and effect, and the defendant shall be delivered to the sheriff to be transported to the penitentiary or reformatory as the case may be. If the judgment has not been pronounced, the court shall pronounce judgment after such revocation of probation and the defendant shall be delivered to the sheriff to be transported to the penitentiary or reformatory, in accordance with the sentence imposed.
(2) If a probationer is being supervised by the department of corrections pursuant to RCW 9.95.204, the department shall have authority to issue a warrant for the arrest of an offender who violates a condition of community custody, as provided in RCW 9.94A.716. Any sanctions shall be imposed by the department pursuant to RCW 9.94A.737. The department shall provide a copy of the violation hearing report to the sentencing court in a timely manner. Nothing in this subsection is intended to limit the power of the sentencing court to respond to a probationer's violation of conditions.
[ 2009 c 375 s 11; 1957 c 227 s 5. Prior: 1939 c 125 s 1, part; RRS s 10249-5c.]
Notes:
Application—2009 c 375: See note following RCW 9.94A.501.
Severability—1939 c 125: See note following RCW 9.95.200.


title: RCW 9.95.230

text:
The court shall have authority at any time prior to the entry of an order terminating probation to (1) revoke, modify, or change its order of suspension of imposition or execution of sentence; (2) it may at any time, when the ends of justice will be subserved thereby, and when the reformation of the probationer shall warrant it, terminate the period of probation, and discharge the person so held.
[ 1982 1st ex.s. c 47 s 11; 1957 c 227 s 6. Prior: 1939 c 125 s 1, part; RRS s 10249-5d.]
Notes:
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
Severability—1939 c 125: See note following RCW 9.95.200.

catchline: Court revocation or termination of probation.


title: RCW 9.95.240

text:
(1) Every defendant who has fulfilled the conditions of his or her probation for the entire period thereof, or who shall have been discharged from probation prior to the termination of the period thereof, may at any time prior to the expiration of the maximum period of punishment for the offense for which he or she has been convicted be permitted in the discretion of the court to withdraw his or her plea of guilty and enter a plea of not guilty, or if he or she has been convicted after a plea of not guilty, the court may in its discretion set aside the verdict of guilty; and in either case, the court may thereupon dismiss the information or indictment against such defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he or she has been convicted. The probationer shall be informed of this right in his or her probation papers: PROVIDED, That in any subsequent prosecution, for any other offense, such prior conviction may be pleaded and proved, and shall have the same effect as if probation had not been granted, or the information or indictment dismissed.
(2)(a) After the period of probation has expired, the defendant may apply to the sentencing court for a vacation of the defendant's record of conviction under RCW 9.94A.640. The court may, in its discretion, clear the record of conviction if it finds the defendant has met the equivalent of the tests in RCW 9.94A.640(2) as those tests would be applied to a person convicted of a crime committed before July 1, 1984.
(b) The clerk of the court in which the vacation order is entered shall immediately transmit the order vacating the conviction to the Washington state patrol identification section and to the local police agency, if any, which holds criminal history information for the person who is the subject of the conviction. The Washington state patrol and any such local police agency shall immediately update their records to reflect the vacation of the conviction, and shall transmit the order vacating the conviction to the federal bureau of investigation. A conviction that has been vacated under this section may not be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies.
(3) This section does not apply to chapter 18.130 RCW.
[ 2008 c 134 s 27; 2003 c 66 s 1; 1957 c 227 s 7. Prior: 1939 c 125 s 1, part; RRS s 10249-5e.]
Notes:
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.
Severability—1939 c 125: See note following RCW 9.95.200.
Gambling commission—Denial, suspension, or revocation of license, permit—Other provisions not applicable: RCW 9.46.075.
Juvenile courts, probation officers: RCW 13.04.040, 13.04.050.
State lottery commission—Denial, suspension, and revocation of licenses—Other provisions not applicable: RCW 67.70.090.

catchline: Dismissal of information or indictment after probation completed—Vacation of conviction.


title: RCW 9.95.250

text:
In order to carry out the provisions of this chapter 9.95 RCW the parole officers working under the supervision of the secretary of corrections shall be known as community corrections officers.
[ 2001 2nd sp.s. c 12 s 343; 1981 c 136 s 43; 1979 c 141 s 8; 1967 c 134 s 17; 1957 c 227 s 8. Prior: 1939 c 125 s 1, part; RRS s 10249-5f.]
Notes:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Effective date—1981 c 136: See RCW 72.09.900.
Severability—1939 c 125: See note following RCW 9.95.200.
Juvenile courts, probation officers: RCW 13.04.040, 13.04.050.

catchline: Community corrections officers.