title: RCW 36.23.030

text:
The clerk of the superior court at the expense of the county shall keep the following records:
(1) A record in which he or she shall enter all appearances and the time of filing all pleadings in any cause;
(2) A docket in which before every session, he or she shall enter the titles of all causes pending before the court at that session in the order in which they were commenced, beginning with criminal cases, noting in separate columns the names of the attorneys, the character of the action, the pleadings on which it stands at the commencement of the session. One copy of this docket shall be furnished for the use of the court and another for the use of the members of the bar;
(3) A record for each session in which he or she shall enter the names of witnesses and jurors, with time of attendance, distance of travel, and whatever else is necessary to enable him or her to make out a complete cost bill;
(4) A record in which he or she shall record the daily proceedings of the court, and enter all verdicts, orders, judgments, and decisions thereof, which may, as provided by local court rule, be signed by the judge; but the court shall have full control of all entries in the record at any time during the session in which they were made;
(5) An execution docket and also one for a final record in which he or she shall make a full and perfect record of all criminal cases in which a final judgment is rendered, and all civil cases in which by any order or final judgment the title to real estate, or any interest therein, is in any way affected, and such other final judgments, orders, or decisions as the court may require;
(6) A record in which shall be entered all orders, decrees, and judgments made by the court and the minutes of the court in probate proceedings;
(7) A record of wills and bonds shall be maintained. Originals shall be placed in the original file and shall be preserved or duplicated pursuant to RCW 36.23.065;
(8) A record of letters testamentary, administration, and guardianship in which all letters testamentary, administration, and guardianship shall be recorded;
(9) A record of claims shall be entered in the appearance docket under the title of each estate or case, stating the name of each claimant, the amount of his or her claim and the date of filing of such;
(10) A memorandum of the files, in which at least one page shall be given to each estate or case, wherein shall be noted each paper filed in the case, and the date of filing each paper;
(11) A record of the number of petitions filed for restoration of the right to possess a firearm under chapter 9.41 RCW and the outcome of the petitions;
(12) Such other records as are prescribed by law and required in the discharge of the duties of his or her office.
[ 2011 c 193 s 3; 2002 c 30 s 1; 1987 c 363 s 3; 1967 ex.s. c 34 s 2; 1963 c 4 s 36.23.030. Prior: (i) 1923 c 130 s 1; Code 1881 s 2179; 1863 p 417 s 6; 1854 p 366 s 6; RRS s 75. (ii) 1917 c 156 s 2; RRS s 1372. (iii) 1917 c 156 s 57; Code 1881 s 1384; 1863 p 219 s 118; 1860 p 181 s 85; RRS s 1427. (iv) 1917 c 156 s 72; Code 1881 s 1411; 1863 p 221 s 130; 1860 p 183 s 97; RRS s 1442.]

catchline: Records to be kept.


doc_type: statute

jurisdiction: wa

title: RCW 36.23.040

text:
The clerk shall be responsible for the safe custody and delivery to his or her successor of all books and papers belonging to his or her office.
[ 2009 c 549 s 4029; 1963 c 4 s 36.23.040. Prior: Code 1881 s 2181; 1863 p 418 s 8; 1854 p 367 s 8; RRS s 76.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Custody and delivery of records.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 36.23.065

text:
Notwithstanding any other law relating to the destruction of court records, the county clerk may cause to be destroyed all documents, records, instruments, books, papers, depositions, and transcripts, in any action or proceeding in the superior court, or otherwise filed in his or her office pursuant to law, if all of the following conditions exist:
(1) The county clerk maintains for the use of the public a photographic film, microphotographic, photostatic, electronic, or similar reproduction of each document, record, instrument, book, paper, deposition, or transcript so destroyed: PROVIDED, That all receipts and canceled checks filed by a personal representative pursuant to RCW 11.76.100 may be removed from the file by order of the court and destroyed the same as an exhibit pursuant to RCW 36.23.070.
(2) At the time of the taking of the photographic film, microphotographic, photostatic, electronic, or similar reproduction, the county clerk or other person under whose direction and control the same was taken, attached thereto, or to the sealed container in which the same was placed and has been kept, or incorporated in the photographic film, microphotographic, photostatic, electronic, or similar reproduction, a certification that the copy is a correct copy of the original, or of a specified part thereof, as the case may be, the date on which taken, and the fact it was taken under the clerk's direction and control. The certificate must be under the official seal of the certifying officer, if there be any, or if the certifying officer is the clerk of a court having a seal, under the seal of such court.
(3) The county clerk promptly seals and stores at least one original or negative of each such photographic film, microphotographic, photostatic, electronic, or similar reproduction in such manner and place as reasonably to assure its preservation indefinitely against loss, theft, defacement, or destruction. Electronic reproductions are acceptable media for this purpose if one of the following conditions exists:
(a) The electronic reproductions are continuously updated and, if necessary, transferred to another medium to ensure that they are accessible through contemporary and supported electronic or computerized systems; or
(b) The electronic reproductions are scheduled to be reproduced on photographic film, microphotographic, photostatic, or similar media for indefinite preservation.
(4) When copies of public records of the county clerk are transferred to the state archives for security storage, the state archives may only provide certified copies of those records with the written permission of the county clerk who is custodian of those records. When so transferred and authorized, the copies of the public records concerned shall be made by the state archives, which certification shall have the same force and effect as though made by the county clerk who is custodian of the record. If there is a statutory fee for the reproduction of the document, contracts can be made between the county clerk and the state archives for reproduction and certification of the copies, however no certification authority may be transferred except as provided in this subsection and for records of abolished or discontinued offices or agencies under chapter 40.14 RCW.
[ 1998 c 226 s 1; 1981 c 277 s 10; 1973 c 14 s 1; 1971 c 29 s 1; 1963 c 4 s 36.23.065. Prior: 1957 c 201 s 1.]

catchline: Destruction and reproduction of court records—Destruction of receipts for expenses under probate proceedings.


title: RCW 36.23.067

text:
Any print, whether enlarged or not, from any photographic film, including any photographic plate, microphotographic film, or photostatic negative or similar reproduction, or from any electronic record, of any original record, document, instrument, book, paper, deposition, or transcript which has been processed in accordance with the provisions of RCW 36.23.065, and has been certified by the county clerk under his or her official seal as a true copy, may be used in all instances, including introduction in evidence in any judicial or administrative proceeding, that the original record, document, instrument, book, paper, deposition, or transcript might have been used, and shall have the full force and effect of the original for all purposes.
[ 1998 c 226 s 2; 1963 c 4 s 36.23.067. Prior: 1957 c 201 s 2.]

catchline: Reproduced court records have same force and effect as original.


title: RCW 36.23.070

text:
A county clerk may at any time more than five years after the entry of final judgment in any action apply to the superior court for an authorizing order and, upon such order being signed and entered, turn such exhibits of possible value over to the sheriff for disposal in accordance with the provisions of chapter 63.40 RCW, and destroy any other exhibits, unopened depositions, and reporters' notes which have theretofore been filed in such cause: PROVIDED, That reporters' notes in criminal cases must be preserved for at least 15 years: PROVIDED FURTHER, That any exhibits which are deemed to possess historical value may be directed to be delivered by the clerk to libraries or historical societies.
[ 2025 c 107 s 1; 1981 c 154 s 1; 1973 c 14 s 2; 1967 ex.s. c 34 s 3; 1963 c 4 s 36.23.070. Prior: 1957 c 201 s 3; 1947 c 277 s 1; Rem. Supp. 1947 s 81-1.]

catchline: Destruction of court exhibits—Preservation for historical purposes.


title: RCW 36.23.080

text:
The clerk of the superior court shall keep an office at the county seat of the county of which he or she is clerk.
[ 2009 c 105 s 2; 1963 c 4 s 36.23.080. Prior: 1891 c 57 s 1; RRS s 73, part. Cf. Code 1881 s 2125.]

catchline: Office at county seat.


title: RCW 36.23.090

text:
The county clerk shall provide the name and telephone number of at least one resource to assist adopted persons who are searching for birth parents, or birth parents who are searching for children they have relinquished, if these resources have contacted the clerk's office and requested that their name be made available to persons making inquiry.
[ 1990 c 146 s 10.]

catchline: Search for birth parents—County clerk's duty.


title: RCW 36.23.100

text:
County clerks are authorized to accept credit cards, charge cards, debit cards, smart cards, stored value cards, federal wire, and automatic clearinghouse system transactions, or other electronic communication, for payment of all fees and moneys due the court under RCW 36.18.012 through 36.18.020, and for the payment of court-ordered legal financial obligations of criminal defendants which include, but are not limited to, fines, fees, assessments, restitution, and crime victims' compensation, consistent with RCW 36.48.010, 36.48.080, and 36.48.090. A payer desiring to pay by credit card, charge card, debit card, smart card, stored value card, federal wire, and automatic clearinghouse system transactions, or other electronic communication shall bear the cost of processing the transaction.
[ 2000 c 202 s 1.]

catchline: Electronic payment of court fees and other financial obligations—Authorized.


title: RCW 36.23.110

text:
The Washington association of county officials, in consultation with county clerks, shall determine a funding formula for allocation of moneys to counties for purposes of collecting legal financial obligations, and report this formula to the legislature and the administrative office of the courts by September 1, 2003. The Washington association of county officials shall report on the amounts of legal financial obligations collected by the county clerks to the appropriate committees of the legislature no later than December 1, 2004, and annually thereafter.
[ 2003 c 379 s 20.]
Notes:
Severability—Effective dates—2003 c 379: See notes following RCW 9.94A.728.
Intent—Purpose—2003 c 379 ss 13-27: See note following RCW 9.94A.760.

catchline: Legal financial obligations—Report on collections.


title: RCW 36.24.010

text:
The coroner shall perform the duties of the sheriff in all cases where the sheriff is interested or otherwise incapacitated from serving; and whenever the coroner acts as sheriff he or she shall possess the powers and perform all the duties of sheriff, and shall be liable on his or her official bond in like manner as the sheriff would be, and shall be entitled to the same fees as are allowed by law to the sheriff for similar services: PROVIDED, That nothing herein contained shall prevent the court from appointing a suitable person to discharge such duties, as provided by RCW 36.28.090.
[ 2009 c 549 s 4031; 1963 c 4 s 36.24.010. Prior: 1897 c 21 s 1; Code 1881 s 2776; 1863 p 559 s 2; 1854 p 436 s 2; RRS s 4180.]

catchline: To act as sheriff under certain conditions.


title: RCW 36.24.020

text:
Any coroner, in his or her discretion, may hold an inquest if the coroner suspects that the death of a person was unnatural, or violent, or resulted from unlawful means, or from suspicious circumstances, or was of such a nature as to indicate the possibility of death by the hand of the deceased or through the instrumentality of some other person: PROVIDED, That, except under suspicious circumstances, no inquest shall be held following a traffic death.
The coroner in the county where an inquest is to be convened pursuant to this chapter shall notify the superior court to provide persons to serve as a jury of inquest to hear all the evidence concerning the death and to inquire into and render a true verdict on the cause of death. Jurors shall be selected and summoned in the same manner and shall have the same qualifications as specified in chapter 2.36 RCW.
At the coroner's request, the superior court shall schedule a courtroom in which the inquest may be convened, a bailiff, reporter, and any security deemed reasonably necessary by the coroner. The coroner and the superior court shall set an inquest date by mutual agreement. The inquest shall take place within eighteen months of the coroner's request to the court. If the superior court cannot accommodate the inquest for good cause shown, the court may designate a comparable public venue for the inquest in the county.
If the superior court is unable to provide a courtroom or comparable public venue, it shall certify courtroom unavailability in writing within sixty days of the coroner's request and the inquest shall be scheduled and transferred to another county within one hundred miles of the requesting county.
The prosecuting attorney having jurisdiction shall be notified in advance of any such inquest to be held, and at his or her discretion may be present at and assist the coroner in the conduct of the same. The coroner may adjourn the inquest from time to time as he or she may deem necessary.
The costs of inquests, including any costs incurred by the superior court, shall be borne by the county in which the inquest is requested. When an inquest is transferred to another county due to unavailability of a courtroom, the county from which such inquest is transferred shall pay the county in which the inquest is held all costs accrued for per diem and mileage for jurors and witnesses and all other costs properly charged to the transferring county.
[ 2016 c 13 s 1; 2009 c 549 s 4032; 1988 c 188 s 18; 1963 c 4 s 36.24.020. Prior: 1953 c 188 s 3; Code 1881 s 2777; 1863 p 560 s 3; 1854 p 436 s 3; RRS s 4181.]
Notes:
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.

catchline: Inquests—Jury—Venue—Payment of costs.


title: RCW 36.24.030

text:
Every person summoned as a juror who fails to appear without having a reasonable excuse shall forfeit a sum not exceeding twenty dollars, to be recovered by the coroner, in the name of the state, before any district judge of the county. The penalty when collected shall be paid over to the county treasurer for the use of the county.
[ 1987 c 202 s 202; 1963 c 4 s 36.24.030. Prior: Code 1881 s 2778; 1863 p 560 s 4; 1854 p 436 s 4; RRS s 4182.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Penalty for nonattendance of juror.


title: RCW 36.24.040

text:
When four or more of the jurors attend, they shall be sworn by the coroner to inquire who the person was, and when, where, and by what means he or she came to his or her death, and into the circumstances attending his or her death, and to render a true verdict therein, according to the evidence afforded them, or arising from the inspection of the body.
[ 2009 c 549 s 4033; 1963 c 4 s 36.24.040. Prior: Code 1881 s 2779; 1863 p 560 s 5; 1854 p 436 s 5; RRS s 4183.]

catchline: Duty of coroner's jury—Oath.


title: RCW 36.24.050

text:
The coroner may issue subpoenas for witnesses returnable forthwith or at such time and place as the coroner may appoint, which may be served by any competent person. The coroner must summon and examine as witnesses, on oath administered by the coroner, every person, who, in his or her opinion or that of any of the jury, has any knowledge of the facts. A witness served with a subpoena may be compelled to attend and testify, or be punished by the coroner for disobedience, in like manner as upon a subpoena issued by a district judge.
[ 1987 c 202 s 203; 1963 c 4 s 36.24.050. Prior: (i) 1901 c 131 s 1, part; Code 1881 s 2780, part; 1863 p 560 s 6, part; 1854 p 436 s 6, part; RRS s 4184, part. (ii) Code 1881 s 2781; 1863 p 560 s 7; 1854 p 437 s 7; RRS s 4186.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Power to summon witnesses—Subpoenas.


title: RCW 36.24.060

text:
The coroner may summon a surgeon or physician to inspect the body and give under oath a professional opinion as to the cause of death. The fees for the coroner's physician or surgeon shall not be less than ten dollars.
[ 1963 c 4 s 36.24.060. Prior: (i) 1901 c 131 s 1, part; Code 1881 s 2780, part; 1863 p 560 s 6, part; 1854 p 436 s 6, part; RRS s 4184, part.]

catchline: Power to employ physician or surgeon—Compensation.


title: RCW 36.24.070

text:
After hearing the testimony, the jury shall render its verdict and certify the same in writing signed by the jurors, and setting forth who the person killed is, if known, and when, where and by what means he or she came to his or her death; or if he or she was killed, or his or her death was occasioned by the act of another by criminal means, who is guilty thereof, if known.
[ 2009 c 549 s 4034; 1963 c 4 s 36.24.070. Prior: 1953 c 188 s 4; Code 1881 s 2782; 1863 p 560 s 8; 1854 p 437 s 8; RRS s 4187.]

catchline: Verdict of jury.


title: RCW 36.24.080

text:
In all cases where murder or manslaughter is supposed to have been committed, the testimony of witnesses taken before the coroner's jury shall be reduced to writing by the coroner, or under his or her direction, and he or she shall also recognize such witnesses to appear and testify in the superior court of the county, and shall forthwith file the written testimony, inquisition, and recognizance with the clerk of such court.
[ 2009 c 549 s 4035; 1963 c 4 s 36.24.080. Prior: Code 1881 s 2783; 1863 p 561 s 9; 1854 p 437 s 9; RRS s 4188.]

catchline: Testimony reduced to writing in certain cases and witnesses recognized.


title: RCW 36.24.090

text:
If the person charged with the commission of the offense has been arrested before the inquisition has been filed, the coroner shall deliver the recognizance and the inquisition, with the testimony taken, to the magistrate before whom such person may be brought, who shall return the same, with the depositions and statements taken before him or her to the clerk of the superior court of the county.
[ 2009 c 549 s 4036; 1963 c 4 s 36.24.090. Prior: Code 1881 s 2784; 1863 p 561 s 10; 1854 p 437 s 10; RRS s 4189.]

catchline: Procedure where accused is under arrest.


title: RCW 36.24.100

text:
If the jury finds that the person was killed and the party committing the homicide is ascertained by the inquisition, but is not in custody, the coroner must deliver the findings of the jury and all documents, testimony, records generated, possessed, or used during the inquest to the prosecuting attorney of the county where the inquest was held.
[ 2016 c 186 s 1; 1963 c 4 s 36.24.100. Prior: Code 1881 s 2785; 1863 p 561 s 11; 1854 p 437 s 11; RRS s 4190.]

catchline: Procedure where accused is at large—Delivery of findings to the prosecuting attorney.


title: RCW 36.24.110

text:
Notes:
Reviser's note: RCW 36.24.110 was amended by 2016 c 202 s 29 without reference to its repeal by 2016 c 186 s 2. It has been decodified for publication purposes under RCW 1.12.025.

catchline: Form of warrant.


title: RCW 36.24.130

text:
The coroner or medical examiner must, within thirty days after the investigation of the death, deliver to the county treasurer any money which may be found upon the body, unless claimed in the meantime by the legal representatives of the deceased. If there is personal property, other than money, found upon the body, unless claimed in the meantime by a legal representative of the deceased, the coroner or medical examiner shall, within one hundred eighty days of the investigation, be authorized to dispose of any property of no resale value and forward any other property to the applicable county agency to be sold at the next county surplus sale. Any proceeds from the sale shall be forwarded to the county treasurer. If the coroner or medical examiner fails to do so, the treasurer may proceed against the coroner or medical examiner to recover the same by a civil action in the name of the county.
[ 2004 c 79 s 1; 1963 c 4 s 36.24.130. Prior: Code 1881 s 2789; 1863 p 562 s 15; 1854 p 438 s 15; RRS s 4194.]

catchline: Property of deceased.


title: RCW 36.24.140

text:
Upon the delivery of money to the treasurer, the treasurer shall place it to the credit of the county.
[ 2004 c 79 s 2; 1963 c 4 s 36.24.140. Prior: Code 1881 s 2790; 1863 p 562 s 16; 1854 p 438 s 16; RRS s 4195.]

catchline: Duty of treasurer.


title: RCW 36.24.150

text:
If the money in the treasury is demanded within six years by the legal representatives of the deceased, the treasurer shall pay it to them after deducting the fees and expenses of the coroner and of the county in relation to the matter, or the same may be so paid at any time thereafter, upon the order of the board of county commissioners of the county.
[ 1963 c 4 s 36.24.150. Prior: Code 1881 s 2791; 1863 p 562 s 17; 1854 p 438 s 17; RRS s 4196.]

catchline: Delivery to representatives.


title: RCW 36.24.155

text:
(1) Whenever anyone shall die within a county without making prior plans for the disposition of his or her body and there is no other person willing to provide for the disposition of the body, the county coroner shall cause such body to be entrusted to a funeral home in the county where the body is found. Except in counties where the county coroner or medical examiner has established a preferred funeral home using a qualified bidding process, disposition shall be on a rotation basis, which shall treat equally all funeral homes or mortuaries desiring to participate, such rotation to be established by the coroner after consultation with representatives of the funeral homes or mortuaries in the county or counties involved.
(2)(a) The county coroner, upon knowledge that a body is of an indigenous person, shall make reasonable efforts to identify and contact family members prior to entrusting the body to a funeral home, including an attempt to facilitate contact through the regional liaison for missing and murdered indigenous persons pursuant to RCW 43.43.874 within 10 days of the county coroner having jurisdiction over the remains.
(b) Upon the written request of a family member responsible for the disposition of the body of an indigenous person, the county coroner shall provide a written estimate of the time frame for entrusting the body to the family member or the family member's chosen funeral home, unless doing so would jeopardize an ongoing criminal investigation.
[ 2022 c 251 s 2; 2011 c 16 s 1; 2009 c 549 s 4038; 1969 ex.s. c 259 s 2.]
Notes:
Human remains that have not been disposed: RCW 68.50.230.

catchline: Undisposed of remains—Entrusting to funeral homes or mortuaries—Indigenous persons remains.


title: RCW 36.24.160

text:
If the office of coroner is vacant, or the coroner is absent or unable to attend, the duties of the coroner's office may be performed by any district judge in the county with the like authority and subject to the same obligations and penalties as the coroner. For such service a district judge shall be entitled to the same fees, payable in the same manner.
[ 1987 c 202 s 204; 1963 c 4 s 36.24.160. Prior: (i) Code 1881 s 2793; 1863 p 562 s 19; 1854 p 438 s 19; RRS s 4198. (ii) Code 1881 s 2795; 1863 p 562 s 21; 1854 p 438 s 21; RRS s 4199.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: District judge may act as coroner.


title: RCW 36.24.170

text:
The coroner shall not appear or practice as attorney in any court, except in defense of himself or herself or his or her deputies.
[ 2009 c 549 s 4039; 1963 c 4 s 36.24.170. Prior: 1891 c 45 s 4, part; Code 1881 s 2770, part; 1863 p 558 s 5, part; 1854 p 434 s 5, part; RRS s 4171, part.]

catchline: Coroner not to practice law.


title: RCW 36.24.175

text:
In each county with a population of forty thousand or more, no person shall be qualified for the office of county coroner as provided for in RCW 36.16.030 who is an owner or employee of any funeral home or mortuary.
[ 1991 c 363 s 54; 1969 ex.s. c 259 s 3.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Coroner not to be owner or employee of funeral home or mortuary—Counties with populations of forty thousand or more.


title: RCW 36.24.180

text:
Before auditing and allowing the account of the coroner the board of county commissioners shall require from him or her a verified statement in writing, accounting for all money or other property found upon persons on whom inquests have been held by him or her, and that the money or property mentioned in it has been delivered to the legal representatives of the deceased, or to the county treasurer.
[ 2009 c 549 s 4040; 1963 c 4 s 36.24.180. Prior: Code 1881 s 2792; 1863 p 562 s 18; 1854 p 438 s 18; RRS s 4197.]

catchline: Audit of coroner's account.


title: RCW 36.24.190

text:
In a county with a population of two hundred fifty thousand or more, the county legislative authority may, upon majority vote at an election called by the county legislative authority, adopt a system under which a medical examiner may be appointed to replace the office of the coroner. The county legislative authority must adopt a resolution or ordinance that creates the office of medical examiner at least thirty days prior to the first day of filing for the primary election for county offices. If a county adopts such a resolution or ordinance, the resolution or ordinance shall be referred to the voters for confirmation or rejection at the next date for a special election according to RCW 29A.04.321. If the resolution or ordinance is approved by majority vote, no election shall be held for the position of coroner and the coroner's position is abolished following the expiration of the coroner's term of office or upon vacating of the office of the coroner for any reason. The county legislative authority shall appoint a medical examiner to assume the statutory duties performed by the county coroner and the appointment shall become effective following the expiration of the coroner's term of office or upon the vacating of the office of the coroner. To be appointed as a medical examiner pursuant to this section, a person must either be: (1) Certified as a forensic pathologist by the American board of pathology; or (2) a qualified physician eligible to take the American board of pathology exam in forensic pathology within one year of being appointed. A physician specializing in pathology who is appointed to the position of medical examiner and who is not certified as a forensic pathologist must pass the pathology exam within three years of the appointment.
[ 2006 c 344 s 27; 1996 c 108 s 2.]
Notes:
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.

catchline: Medical examiner—When authorized—Election—Qualifications for appointment.


title: RCW 36.24.200

text:
In addition to any of its existing authorities, the coroner may, in the course of an active or ongoing death investigation, request that the superior court issue subpoenas for production of documents or other records and command each person to whom the subpoena is directed to produce and permit inspection and copying of documentary evidence or tangible things in the possession, custody, or control of that person at a specified time and place. A subpoena for production must substantively comply with the requirements of CR 45. A subpoena for production may be joined with a subpoena for testimony, or it may be issued separately.
[ 2019 c 237 s 1.]

catchline: Subpoena for production—Authority.


title: RCW 36.24.205

text:
Within 12 months of being elected or appointed to the office, a coroner or medical examiner must have a certificate of completion of medicolegal forensic investigation training that complies with the standards adopted for the medicolegal training academy adopted by the criminal justice training commission in conjunction with the Washington association of coroners and medical examiners and a practicing physician selected by the commission pursuant to RCW 43.101.480. This requirement does not apply to an elected prosecutor acting as the ex officio coroner in a county. All medicolegal investigative personnel employed by any coroner's or medical examiner's office must complete medicolegal forensic investigation training as required under RCW 43.101.480. A county in which the coroner or county medical examiner has not obtained such certification within 12 months of assuming office may have its reimbursement from the death investigations account reduced as provided under RCW 68.50.104.
[ 2021 c 127 s 1.]

catchline: Medicolegal forensic investigation training required.


title: RCW 36.24.210

text:
Except those run by a county prosecutor, all county coroner's offices and medical examiner's offices must be accredited by either the international association of coroners and medical examiners or the national association of medical examiners no later than July 1, 2025, and maintain continued accreditation thereafter. A county that contracts for its coroner or medical examiner services with an accredited coroner or medical examiner's office in another county does not need to maintain accreditation.
[ 2021 c 127 s 2.]

catchline: Accreditation required.


title: RCW 36.26.010

text:
As used in this chapter:
(1) "County commissioners" or "board of county commissioners" means and includes:
(a) Any single board of county commissioners, county council, or other governing body of any county which has neither a board of county commissioners nor a county council denominated as such; and
(b) The governing bodies, including any combination or mixture of more than one board of county commissioners, county council, or otherwise denominated governing body of a county, of any two or more contiguous counties electing to participate jointly in the support of any intercounty public defender.
(2) "District" or "public defender district" means any one or more entire counties electing to employ a public defender; and no county shall be divided in the creation of any public defender district.
[ 1969 c 94 s 1.]

catchline: Definitions.


title: RCW 36.26.020

text:
The board of county commissioners of any single county or of any two or more territorially contiguous counties or acting in cooperation with the governing authority of any city located within the county or counties may, by resolution or by ordinance, or by concurrent resolutions or concurrent ordinances, constitute such county or counties or counties and cities as a public defender district, and may establish an office of public defender for such district.
[ 1969 c 94 s 2.]

catchline: Public defender district—Creation—Office of public defender.


title: RCW 36.26.030

text:
The board of county commissioners of every county electing to become or to join in a public defender district shall appoint a selection committee for the purpose of selecting a full or part time public defender for the public defender district. Such selection committee shall consist of one member of each board of county commissioners, one member of the superior court from each county, and one practicing attorney from each county within the district.
[ 1969 c 94 s 3.]

catchline: Selection committee.


title: RCW 36.26.040

text:
Every public defender and every assistant public defender must be a qualified attorney licensed to practice law in this state; and the term of the public defender shall coincide with the elected term of the prosecuting attorney.
[ 1969 c 94 s 4.]

catchline: Public defender—Qualifications—Term.


title: RCW 36.26.050

text:
The public defender shall make an annual report to each board of county commissioners within his or her district. If any public defender district embraces more than one county or a cooperating city, the public defender shall maintain records of expenses allocable to each county or city within the district, and shall charge such expenses only against the county or city for which the services were rendered or the costs incurred. The boards of county commissioners of counties and the governing authority of any city participating jointly in a public defender district are authorized to provide for the sharing of the costs of the district by mutual agreement, for any costs which cannot be specifically apportioned to any particular county or city within the district.
Expenditures by the public defender shall be subject to the provisions of chapter 36.40 RCW and other statutes relating to expenditures by counties or cities.
[ 2009 c 549 s 4041; 1969 c 94 s 5.]

catchline: Reports—Records—Costs and expenses.


title: RCW 36.26.060

text:
(1) The board of county commissioners shall:
(a) Fix the compensation of the public defender and of any staff appointed to assist him or her in the discharge of his or her duties: PROVIDED, That the compensation of the public defender shall not exceed that of the county prosecutor in those districts which comprise only one county;
(b) Provide office space, furniture, equipment and supplies for the use of the public defender suitable for the conduct of his or her office in the discharge of his or her duties, or provide an allowance in lieu of facilities and supplies.
(2) The public defender may appoint as many assistant attorney public defenders, clerks, investigators, stenographers and other employees as the board of county commissioners considers necessary in the discharge of his or her duties as a public defender.
[ 2009 c 549 s 4042; 1969 c 94 s 6.]

catchline: Compensation—Office—Assistants, clerks, investigators, etc.


title: RCW 36.26.070

text:
The public defender must represent, without charge to any accused, every indigent person who is or has been arrested or charged with a crime for which court appointed counsel for indigent defendants is required either under the Constitution of the United States or under the Constitution and laws of the state of Washington:
(1) If such arrested person or accused, having been apprised of his or her constitutional and statutory rights to counsel, requests the appointment of counsel to represent him or her; and
(2) If a court, on its own motion or otherwise, does not appoint counsel to represent the accused; and
(3) Unless the arrested person or accused, having been apprised of his or her right to counsel in open court, affirmatively rejects or intelligently repudiates his or her constitutional and statutory rights to be represented by counsel.
[ 2009 c 549 s 4043; 1984 c 76 s 18; 1969 c 94 s 7.]

catchline: Duty to represent indigent defendants.


title: RCW 36.26.080

text:
Whenever the public defender represents any indigent person held in custody without commitment or charged with any criminal offense, he or she must (1) counsel and defend such person, and (2) prosecute any appeals and other remedies, whether before or after conviction, which he or she considers to be in the interests of justice.
[ 2009 c 549 s 4044; 1969 c 94 s 8.]

catchline: Duty to counsel, defend, and prosecute appeals.


title: RCW 36.26.090

text:
For good cause shown, or in any case involving a crime of widespread notoriety, the court may, upon its own motion or upon application of either the public defender or of the indigent accused, appoint an attorney other than the public defender to represent the accused at any stage of the proceedings or on appeal: PROVIDED, That the public defender may represent an accused, not an indigent, in any case of public notoriety where the court may find that adequate retained counsel is not available. The court shall award, and the county in which the offense is alleged to have been committed shall pay, such attorney reasonable compensation and reimbursement for any expenses reasonably and necessarily incurred in the presentation of the accused's defense or appeal, in accordance with RCW 4.88.330.
[ 1984 c 76 s 19; 1983 c 3 s 76; 1969 c 94 s 9.]

catchline: Appointment of attorney other than public defender.


title: RCW 36.26.900

text:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy, particularly in counties electing not to create the office of public defender: PROVIDED, That nothing herein shall be construed to prevent the appointment of a full time or part time assigned-counsel administrator for the purpose of maintaining a centrally administered system for the assignment of counsel to represent indigent persons.
[ 1969 c 94 s 10.]

catchline: Chapter cumulative and nonexclusive.


title: RCW 36.27.005

text:
Prosecuting attorneys are attorneys authorized by law to appear for and represent the state and the counties thereof in actions and proceedings before the courts and judicial officers.
[ 1963 c 4 s 36.27.005. Prior: 1891 c 55 s 3; RRS s 113.]

catchline: Defined.


title: RCW 36.27.010

text:
No person shall be eligible to the office of prosecuting attorney in any county of this state, unless he or she is a qualified elector therein, and has been admitted as an attorney and counselor of the courts of this state.
[ 2009 c 549 s 4045; 1963 c 4 s 36.27.010. Prior: 1891 c 55 s 4; RRS s 4128. Cf. 1883 p 72 s 7.]

catchline: Eligibility to office.


title: RCW 36.27.020

text:
The prosecuting attorney shall:
(1) Be legal adviser of the legislative authority, giving it his or her written opinion when required by the legislative authority or the chairperson thereof touching any subject which the legislative authority may be called or required to act upon relating to the management of county affairs;
(2) Be legal adviser to all county and precinct officers and school directors in all matters relating to their official business, and when required draw up all instruments of an official nature for the use of said officers;
(3) Appear for and represent the state, county, and all school districts subject to the supervisory control and direction of the attorney general in all criminal and civil proceedings in which the state or the county or any school district in the county may be a party;
(4) Prosecute all criminal and civil actions in which the state or the county may be a party, defend all suits brought against the state or the county, and prosecute actions upon forfeited recognizances and bonds and actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or the county;
(5) Attend and appear before and give advice to the grand jury when cases are presented to it for consideration and draw all indictments when required by the grand jury;
(6) Institute and prosecute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of felonies when the prosecuting attorney has information that any such offense has been committed and the prosecuting attorney shall for that purpose attend when required by them if the prosecuting attorney is not then in attendance upon the superior court;
(7) Carefully tax all cost bills in criminal cases and take care that no useless witness fees are taxed as part of the costs and that the officers authorized to execute process tax no other or greater fees than the fees allowed by law;
(8) Receive all cost bills in criminal cases before district judges at the trial of which the prosecuting attorney was not present, before they are lodged with the legislative authority for payment, whereupon the prosecuting attorney may retax the same and the prosecuting attorney must do so if the legislative authority deems any bill exorbitant or improperly taxed;
(9) Present all violations of the election laws which may come to the prosecuting attorney's knowledge to the special consideration of the proper jury;
(10) Examine once in each year the official bonds of all county and precinct officers and report to the legislative authority any defect in the bonds of any such officer;
(11) Seek to reform and improve the administration of criminal justice and stimulate efforts to remedy inadequacies or injustice in substantive or procedural law;
(12) Participate in the statewide sexual assault kit tracking system established in RCW 43.43.545 for the purpose of tracking the status of all sexual assault kits connected to criminal investigations and prosecutions within the county. Prosecuting attorneys shall begin full participation in the system according to the implementation schedule established by the Washington state patrol.
[ 2016 c 173 s 7; 2012 1st sp.s. c 5 s 2; 1995 c 194 s 4; 1987 c 202 s 205; 1975 1st ex.s. c 19 s 1; 1963 c 4 s 36.27.020. Prior: (i) 1911 c 75 s 1; 1891 c 55 s 7; RRS s 116. (ii) 1886 p 65 s 5; 1883 p 73 s 10; Code 1881 s 2171; 1879 p 93 s 6; 1877 p 246 s 6; 1863 p 408 s 4; 1860 p 335 s 3; 1858 p 12 s 4; 1854 p 416 s 4; RRS s 4130. (iii) 1886 p 61 s 7; 1883 p 73 s 12; Code 1881 s 2168; 1879 p 94 s 8; 1877 p 247 s 8; RRS s 4131. (iv) 1886 p 61 s 8; 1883 p 74 s 13; Code 1881 s 2169; 1879 p 94 s 8; 1877 p 247 s 9; RRS s 4132. (v) 1886 p 61 s 9; 1883 p 74 s 14; Code 1881 s 2170; 1879 p 94 s 9; 1877 p 247 s 10; RRS s 4133. (vi) 1886 p 62 s 13; 1883 p 74 s 18; Code 1881 s 2165; 1879 p 95 s 13; 1877 p 248 s 14; 1863 p 409 s 5; 1860 p 334 s 4; 1858 p 12 s 5; 1854 p 417 s 5; RRS s 4134. (vii) Referendum No. 24; 1941 c 191 s 1; 1886 p 63 s 18; 1883 p 76 s 24; Code 1881 s 2146; 1879 p 96 s 18; RRS s 4136. (viii) Code 1881 s 3150; 1866 p 52 s 10; RRS s 4137. (ix) 1933 ex.s. c 62 s 81, part; RRS s 7306-81, part.]
Notes:
Finding—Intent—2016 c 173: See note following RCW 43.43.545.
Intent—1987 c 202: See note following RCW 2.04.190.
Annual report to include number of child abuse reports and cases: RCW 26.44.075.

catchline: Duties.


title: RCW 36.27.030

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

catchline: Disability of prosecuting attorney.


title: RCW 36.27.040

text:
The prosecuting attorney may appoint one or more deputies who shall have the same power in all respects as their principal. Each appointment shall be in writing, signed by the prosecuting attorney, and filed in the county auditor's office. Each deputy thus appointed shall have the same qualifications required of the prosecuting attorney, except that such deputy need not be a resident of the county in which he or she serves nor a qualified elector therein. Each deputy appointed must be a citizen of the United States or a person who is legally authorized to work in the United States under federal law. The prosecuting attorney may appoint one or more special deputy prosecuting attorneys upon a contract or fee basis whose authority shall be limited to the purposes stated in the writing signed by the prosecuting attorney and filed in the county auditor's office. Such special deputy prosecuting attorney shall be admitted to practice as an attorney before the courts of this state but need not be a resident of the county in which he or she serves and shall not be under the legal disabilities attendant upon prosecuting attorneys or their deputies except to avoid any conflict of interest with the purpose for which he or she has been engaged by the prosecuting attorney. The prosecuting attorney shall be responsible for the acts of his or her deputies and may revoke appointments at will.
Two or more prosecuting attorneys may agree that one or more deputies for any one of them may serve temporarily as deputy for any other of them on terms respecting compensation which are acceptable to said prosecuting attorneys. Any such deputy thus serving shall have the same power in all respects as if he or she were serving permanently.
The provisions of chapter 39.34 RCW shall not apply to such agreements.
The provisions of RCW 41.56.030(12) shall not be interpreted to permit a prosecuting attorney to alter the at-will relationship established between the prosecuting attorney and his or her appointed deputies by this section for a period of time exceeding his or her term of office. Neither shall the provisions of RCW 41.56.030(12) require a prosecuting attorney to alter the at-will relationship established by this section.
[ 2026 c 103 s 3; 2024 c 11 s 2; 2009 c 549 s 4047; 2000 c 23 s 2; 1975 1st ex.s. c 19 s 2; 1963 c 4 s 36.27.040. Prior: 1959 c 30 s 1; 1943 c 35 s 1; 1903 c 7 s 1; 1891 c 55 s 6; 1886 p 63 s 17; 1883 p 76 s 23; Code 1881 s 2142; 1879 p 95 s 16; Rem. Supp. 1943 s 115.]
Notes:
Effective date—2026 c 103: See note following RCW 10.93.167.

catchline: Appointment of deputies—Special and temporary deputies.


title: RCW 36.27.045

text:
Notwithstanding any other provision of this chapter, nothing in this chapter shall be deemed to prevent a prosecuting attorney from employing legal interns as otherwise authorized by statute or court rule.
[ 1974 ex.s. c 6 s 1.]

catchline: Employment of legal interns.


title: RCW 36.27.047

text:
Employees of prosecuting attorneys' offices must be a citizen of the United States or a person who is legally authorized to work in the United States under federal law.
This section shall be interpreted and applied consistent with federal law and regulations. This section shall not be construed to permit an employer to override or bypass work authorization requirements stated in section 274a.2 of Title 8 of the Code of Federal Regulations.
[ 2026 c 103 s 4.]
Notes:
Retroactive application—2026 c 103 ss 2, 4, and 6: See note following RCW 10.93.167.
Effective date—2026 c 103: See note following RCW 10.93.167.

catchline: Employees—Work authorization.


title: RCW 36.27.050

text:
No prosecuting attorney shall receive any fee or reward from any person, on behalf of any prosecution, or for any of his or her official services, except as provided in this title, nor shall he or she be engaged as attorney or counsel for any party in any action depending upon the same facts involved in any criminal proceeding.
[ 2009 c 549 s 4048; 1963 c 4 s 36.27.050. Prior: 1888 p 189 s 1; 1886 p 62 s 12; 1883 p 74 s 17; Code 1881 s 2164; 1879 p 94 s 12; 1877 p 248 s 13; 1863 p 409 s 8; 1860 p 335 s 7; 1858 p 13 s 8; 1854 p 417 s 7; RRS s 4138.]

catchline: Special emoluments prohibited.


title: RCW 36.27.060

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

catchline: Private practice prohibited in certain counties—Deputy prosecutors.


title: RCW 36.27.070

text:
The prosecuting attorney of each county in the state of Washington must keep an office at the county seat of the county of which he or she is prosecuting attorney.
[ 2009 c 549 s 4049; 1963 c 4 s 36.27.070. Prior: 1909 c 122 s 1; RRS s 4139.]

catchline: Office at county seat.


title: RCW 36.27.100

text:
The legislature recognizes that, due to the magnitude or volume of offenses in a given area of the state, there is a recurring need for supplemental assistance in the prosecuting of drug and drug-related offenses that can be directed to the area of the state with the greatest need for short-term assistance. A statewide drug prosecution assistance program is created within the criminal justice training commission to assist county prosecuting attorneys in the prosecution of drug and drug-related offenses.
[ 2010 c 271 s 501; 1995 c 399 s 41; 1989 c 271 s 236.]
Notes:
Purpose—Effective date—2010 c 271: See notes following RCW 43.330.005.
Severability—1989 c 271: See note following RCW 9.94A.510.

catchline: Statewide drug prosecution assistance program—Created.


title: RCW 36.27.110

text:
There is established a statewide advisory committee comprised of the attorney general, the chief of the Washington state patrol, both United States attorneys whose offices are located in Washington state, and three county prosecuting attorneys appointed by the Washington association of prosecuting attorneys, who will also act as supervising attorneys. The statewide advisory committee shall select one of the supervising attorneys to act as project director of the drug prosecution assistance program.
[ 1989 c 271 s 237.]
Notes:
Severability—1989 c 271: See note following RCW 9.94A.510.

catchline: Statewide drug prosecution assistance program—Advisory committee—Selection of project director.


title: RCW 36.27.120

text:
The project director of the drug prosecution assistance program shall employ up to five attorneys to act as special deputy prosecuting attorneys. A county or counties may request the assistance of one or more of the special deputy prosecuting attorneys. The project director after consultation with the advisory committee shall determine the assignment of the special deputy prosecutors. Within funds appropriated for this purpose, the project director may also employ necessary support staff and purchase necessary supplies and equipment.
The advisory committee shall regularly review the assignment of the special deputy prosecuting attorneys to ensure that the program's impact on the drug abuse problem is maximized.
During the time a special deputy prosecuting attorney is assigned to a county, the special deputy is under the direct supervision of the county prosecuting attorney for that county. The advisory committee may reassign a special deputy at any time: PROVIDED, That adequate notice must be given to the county prosecuting attorney if the special deputy is involved in a case scheduled for trial.
[ 1989 c 271 s 238.]
Notes:
Severability—1989 c 271: See note following RCW 9.94A.510.

catchline: Statewide drug prosecution assistance program—Personnel—Review of assignments—Supervision of special deputies.


title: RCW 36.27.130

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

catchline: Felony resentencing.


title: RCW 36.28.010

text:
The sheriff is the chief executive officer and conservator of the peace of the county. In the execution of the office, the sheriff and the sheriff's deputies:
(1) Shall uphold and enforce the Constitution and laws of the state of Washington, as interpreted and applied by the state supreme court, and uphold the United States Constitution;
(2) Shall be authorized to address all violations of the law and arrest persons who break the law;
(3) Shall defend the county against those who, by riot or otherwise, endanger the public peace or safety;
(4) Shall execute the process and orders of the courts of justice or judicial officers, when delivered for that purpose, according to law;
(5) Shall execute all warrants delivered for that purpose by other public officers, according to the provisions of particular statutes;
(6) Shall obey lawful judicial orders or directions;
(7) Shall keep and preserve the peace in their respective counties, and are authorized to work in collaboration with other law enforcement agencies pursuant to the Washington mutual aid peace officers powers act, chapter 10.93 RCW;
(8) Shall effect the service of process in civil or criminal cases; and
(9)(a)(i) May call to their aid volunteers and youth cadets, as defined in RCW 35.21.722. Any sheriff in any county that uses volunteers or youth cadets to assist in the sheriff's work may not provide authority to them, unless they have completed peace officer training and maintained certification requirements, to enforce criminal laws; engage in pursuits; detain or arrest; use force; carry or use firearms or other weapons; use surveillance technologies except fixed cameras within sheriff's offices; or share information from law enforcement databases with any party other than the sheriff or the volunteer supervisor designated in accordance with (b) of this subsection. They also may not be authorized to enforce civil immigration laws. However, volunteers who are qualified retired law enforcement officers under the federal law enforcement officers safety act improvements act of 2010 (18 U.S.C. Sec. 926C) may be authorized to carry firearms as part of their volunteer work for the law enforcement agency. Additionally, volunteers and youth cadets may not be authorized to use dogs to track people or animals, and may not use dogs to apprehend or bite people or animals. They may, however, use dogs to assist with search and rescue, including assisting with canine human remains detection, cadaver search, evidence search, or other search-oriented support of a law enforcement investigation.
(ii) A sheriff may authorize volunteers to assist with roles including, but not limited to, technical and administrative support, bicycle recovery, community crime prevention coordination, vehicle maintenance, helping with search and rescue as described in (a)(i) of this subsection, serving as faith leaders, transport, parking enforcement and traffic management, assisting with parks and recreation, animal control and caring for domestic animals, and other public safety-related community service, education, and outreach work.
(b) Limitations on authority pursuant to (a) of this subsection, and the required supervision of volunteers and youth cadets, must be set forth in agency policies. Agency policies must also include limitations on the authority of, and requirements for, specially commissioned officers, including requirements that specially commissioned officers must be supervised by the law enforcement agency that commissioned them, other than when acting pursuant to RCW 10.93.050. Policies and ordinances must require appropriate training for any firearms or other weapons that specially commissioned officers or youth cadets are authorized to use. Agency policies must also require that volunteers, youth cadets, and specially commissioned officers be clearly identifiable by the public as such, and as distinguishable from peace officers, with limitations on the use of face coverings consistent with standards in state law for law enforcement. Sheriffs, police chiefs, and marshals must only provide badges or other identifying insignia to volunteers, youth cadets, and specially commissioned officers that are authorized in agency policy, and such identification may only be used by them while on duty in their authorized roles.
(c) A specially commissioned Washington peace officer as defined in RCW 10.93.020 is not considered a volunteer for purposes of this section.
(d) The requirements of this subsection must be implemented in accordance with RCW 36.01.400 and take effect January 1, 2027, to provide time for adoption of policies, laws, and ordinances.
[ 2026 c 258 s 8; 2009 c 549 s 4050; 1965 c 92 s 1; 1963 c 4 s 36.28.010. Prior: (i) 1891 c 45 s 1; RRS s 4157. (ii) Code 1881 s 2769; 1862 p 557 s 4; 1854 p 434 s 4; RRS s 4168.]
Notes:
Findings—Intent—Effective date—2026 c 258: See notes following RCW 35.21.333.

catchline: General duties—Volunteer aid, training, and limitations.


title: RCW 36.28.020

text:
Persons may be deputed by the sheriff in writing to conduct service of process in civil or criminal cases, and the sheriff shall be responsible on the sheriff's official bond for their default or misconduct. The use of such persons shall be limited to functions and actions not involving use of law enforcement authority or carrying of firearms or other weapons unless such persons are certified as peace officers under chapter 43.101 RCW.
[ 2026 c 258 s 16; 2009 c 549 s 4051; 1963 c 4 s 36.28.020. Prior: 1961 c 35 s 2; prior: (i) Code 1881 s 2767, part; 1871 p 110 s 1, part; 1863 p 557 s 2, part; 1854 p 434 s 2, part; RRS s 4160, part. (ii) 1886 p 174 s 1; Code 1881 s 2768; 1863 p 557 s 3; 1854 p 434 s 3; RRS s 4167.]
Notes:
Findings—Intent—Effective date—2026 c 258: See notes following RCW 35.21.333.

catchline: Powers of deputies.


title: RCW 36.28.025

text:
(1) A person filing for candidacy for the office of sheriff, or seeking appointment to the office of sheriff, is eligible for election, appointment, holding office, and remaining in that office only if that person:
(a) Is a citizen of the United States of America;
(b) Is at least 25 years old;
(c) Has obtained a high school diploma or high school equivalency certificate as provided in RCW 28B.50.536;
(d) Has not been convicted under the laws of this state, another state, the United States, or the substantial equivalent under foreign law, of a felony;
(e) Has not been convicted under the laws of this state, another state, the United States, or the substantial equivalent under foreign law, of a gross misdemeanor, unless the conviction has been vacated;
(f) Has not engaged in and does not engage in conduct meeting the criteria requiring denial or revocation of certification set forth in RCW 43.101.105(2);
(g) Has received at least a general discharge under honorable conditions from any branch of the armed services for any military service if the person was in the military service;
(h) Has completed at least five years of regular, full-time law enforcement employment, involving enforcement responsibilities with a government law enforcement agency, as defined in subsection (4) of this section;
(i) Within nine months of assuming office, unless otherwise extended by the criminal justice training commission, has obtained certification, thereafter maintains certification as required under chapter 43.101 RCW and the rules of the commission, and has never had their certification denied, revoked, or voluntarily surrendered, and not reinstated, by any other state; and
(j) Except as provided in subsection (5) of this section, prior to the election filing deadline, within 30 days after certification of the election results, or at the time of appointment, has completed a background check verifying that the person has met the requirements in (a) through (i) of this subsection. Procedures for background checks verifying eligibility requirements have been met are provided in subsection (2) of this section.
(2)(a) For any person filing for candidacy or elected to the office of sheriff, the Washington state patrol must conduct the background check verifying eligibility. The state patrol must complete the background check no later than the election filing deadline, or, if the request for the background check is made too close to the election filing deadline to meet that timeline, no later than 30 days after the date of certification of the election results. A person filing for candidacy for the office of sheriff must submit a background check request to the Washington state patrol within six months of, and up to, the deadline for filing for election, and provide with the request the attestation required by subsection (3) of this section. Once the state patrol completes the background check, the state patrol shall submit confirmation to the criminal justice training commission that the person has or has not passed the background check verifying eligibility. The confirmation is a public record. The state patrol shall notify the candidate or elected person.
(b) Immediately following the filing deadline, the criminal justice training commission shall post on its public website maintained under RCW 43.101.400(4) a list of all candidates for sheriff who have submitted the request for a background check and the attestation as required by this section, and each candidate who has passed the required background check.
(c)(i) The Washington state patrol must develop and provide on its website, by May 1, 2026, a standard form and process for persons filing for candidacy for the office of sheriff to use in requesting the required background check, including the required attestation that the person meets all the eligibility requirements, submission of fingerprints and all information necessary to conduct state and national criminal history record checks, and all other information necessary for the Washington state patrol to conduct the eligibility verification required by this section. The Washington state patrol must submit the fingerprints to the federal bureau of investigation for a comparison with nationwide records, as required and authorized under P.L. 92-544.
(ii) For the purpose of the Washington state patrol accessing state and national criminal history record information, including mandatory fingerprint-based background checks submitted to the federal bureau of investigation, any person who is not certified, filing for candidacy for the office of sheriff, elected to the office of sheriff, or seeking appointment to the office of sheriff is deemed an applicant for peace officer certification eligibility under chapter 43.101 RCW. Completion of this state and national criminal history record check is a mandatory condition of their candidacy, election, or appointment.
(d) In the case of appointment, the background check verifying eligibility must be completed by the appointing authority no earlier than six months prior to the date of appointment. The appointing authority must submit confirmation to the criminal justice training commission that the background check verified that the person meets the eligibility requirements. Such confirmation is a public record.
(e) The county in which a person is seeking appointment or election to the office of sheriff is responsible for any costs associated with the background check required by this section. The county shall reimburse the Washington state patrol for all costs associated with the background check it conducts for any person seeking election to the office of sheriff. The appointing authority is responsible for all costs associated with the background check it conducts for any person being appointed to the office of sheriff in that county.
(3) A person seeking election or appointment to the office of sheriff must provide a sworn statement under penalty of perjury to the state patrol or to the appointing authority stating that the person meets the requirements of this section, and the state patrol, or the appointing authority, upon completion of the background check, must attest as part of the public record that the requirements of this section have been met. In addition to posting all requests for background checks, attestations, and a list of background checks completed, and whether each person passed or failed, by the filing deadline as required in subsection (2)(b) of this section, the criminal justice training commission shall, after the election, but no later than 60 days following the election, post on its public website maintained under RCW 43.101.400(4) a list of sheriffs who have completed the background check, and whether each passed or failed, as required by this section.
(4) For the purposes of this section, "government law enforcement agency" means a general authority Washington law enforcement agency or a limited authority Washington law enforcement agency as defined in RCW 10.93.020, or a state or federal governmental agency that is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law.
(5) The requirement of five years of experience with a government law enforcement agency and the age requirement in subsection (1) of this section do not apply to any person who is holding the office of sheriff as of April 30, 2026, unless the person seeks election to a different office of sheriff, or appointment to a different office of sheriff. All other eligibility requirements apply as of April 30, 2026.
[ 2026 c 258 s 9; 1979 ex.s. c 153 s 6.]
Notes:
Findings—Intent—Effective date—2026 c 258: See notes following RCW 35.21.333.

catchline: Qualifications.


title: RCW 36.28.030

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

catchline: New or additional bond of sheriff.


title: RCW 36.28.040

text:
No sheriff, deputy sheriff, or coroner shall be liable for any damages for neglecting or refusing to serve any civil process unless his or her legal fees are first tendered him or her.
[ 2009 c 549 s 4053; 1963 c 4 s 36.28.040. Prior: 1941 c 237 s 1, part; 1935 c 33 s 1, part; Code 1881 s 2772, part; 1863 p 558 s 7, part; 1854 p 434 s 7, part; Rem. Supp. 1941 s 4172, part.]

catchline: May demand fees in advance.


title: RCW 36.28.050

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

catchline: May demand indemnifying bond.


title: RCW 36.28.060

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

catchline: Duplicate receipts—Penalties.


title: RCW 36.28.090

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

catchline: Service of process when sheriff disqualified.


title: RCW 36.28.100

text:
The sheriff or director of public safety shall employ all able-bodied persons sentenced to imprisonment in the county jail in such manner and at such places within the county as may be directed by the legislative authority of the county.
[ 1973 1st ex.s. c 154 s 54; 1963 c 4 s 36.28.100. Prior: 1909 c 249 s 27; RRS s 2279.]
Notes:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Employment of prisoners.


title: RCW 36.28.110

text:
No sheriff shall appear or practice as attorney in any court, except in their own defense.
[ 1992 c 225 s 2; 1963 c 4 s 36.28.110. Prior: 1891 c 45 s 4, part; Code 1881 s 2770, part; 1863 p 558 s 5, part; 1854 p 434 s 5, part; RRS s 4171, part.]

catchline: Sheriff not to practice law.


title: RCW 36.28.120

text:
All sheriffs, constables and coroners, upon the completion of their term of office and the qualification of their successors, shall deliver and turn over to their successors all writs and other processes in their possession not wholly executed, and all personal property in their possession or under their control held under such writs or processes, and take receipts therefor in duplicate, one of which shall be filed in the office from which such writ or process issued as a paper in the action, which receipt shall be good and sufficient discharge to such officer of and from further charge of the execution of such writs and processes; and they shall also deliver to their successors all official papers and property in their possession or under their control. The successors shall execute or complete the execution of all such writs and processes, and finish and complete all business turned over to them.
[ 1963 c 4 s 36.28.120. Prior: 1895 c 17 s 1; RRS s 4174.]

catchline: Duty of retiring sheriffs, constables, and coroners—Successors' duties.


title: RCW 36.28.130

text:
In all cases where any sheriff, constable or coroner has executed any writ or other process delivered to him or her by his or her predecessor, or has completed any business commenced by his or her predecessor under any writ or process, and has completed any other business commenced by his or her predecessor, and in all cases where any sheriff, constable or coroner has executed any writ or other process, or completed any business connected with his or her office after the expiration of his or her term of office, which writ or process he or she had commenced to execute, or which business he or she had commenced to perform, prior to the expiration of his or her term of office, such action shall be valid and effectual for all purposes.
[ 2009 c 549 s 4056; 1963 c 4 s 36.28.130. Prior: 1895 c 17 s 2; RRS s 4175.]

catchline: Actions by successors and by officials after expiration of term of office validated.


title: RCW 36.28.150

text:
Whenever any sheriff neglects to make due return of any writ or other process delivered to him or her to be executed, or is guilty of any default or misconduct in relation thereto, he or she shall be liable to fine or attachment, or both, at the discretion of the court, subject to appeal, such fine, however, not to exceed two hundred dollars; and also to an action for damages to the party aggrieved.
[ 2009 c 549 s 4057; 1963 c 4 s 36.28.150. Prior: Code 1881 s 2771; 1863 p 558 s 6; 1854 p 434 s 6; RRS s 4169.]

catchline: Liability for fault or misconduct.


title: RCW 36.28.160

text:
The sheriff must keep an office at the county seat of the county of which he or she is sheriff.
[ 2009 c 105 s 3; 1963 c 4 s 36.28.160. Prior: 1891 c 45 s 2; RRS s 4158. SLC-RO-14.]

catchline: Office at county seat.


title: RCW 36.28.170

text:
The executive secretary of the Washington state association of elected county officials, upon written approval of a majority of the sheriffs in the state, shall file with the secretary of state a description of a standard uniform which may be withdrawn or modified by re-filing in the same manner as originally filed. A uniform of the description so filed shall thereafter be reserved exclusively for the use of sheriffs and their deputies: PROVIDED, That the filing of a standard uniform description shall not make mandatory the adoption of said uniform by any county sheriff or his or her deputies.
[ 2009 c 549 s 4059; 1963 c 50 s 1.]

catchline: Standard uniform for sheriffs and deputies.


title: RCW 36.28.180

text:
A county may from available funds provide for an allowance for clothing and other incidentals necessary to the performance of official duties for the sheriff and his or her deputies.
[ 2009 c 549 s 4060; 1979 c 132 s 1; 1963 c 50 s 2.]

catchline: Allowance for clothing and other incidentals.


title: RCW 36.28.190

text: See RCW 41.14.250 through 41.14.280.

catchline: City contracts to obtain sheriff's office law enforcement services.


title: RCW 36.28.200

text:
A sheriff and his or her deputies shall participate in the statewide sexual assault kit tracking system established in RCW 43.43.545 for the purpose of tracking the status of all sexual assault kits in the custody of the department and other entities contracting with the department. A sheriff shall begin full participation in the system according to the implementation schedule established by the Washington state patrol.
[ 2016 c 173 s 4.]
Notes:
Finding—Intent—2016 c 173: See note following RCW 43.43.545.

catchline: Statewide sexual assault kit tracking system—Participation by sheriff and deputies.


title: RCW 36.28.210

text:
(1) In addition to the causes for vacancy of elective office set forth in RCW 42.12.010, a vacancy in the office of sheriff is created if the incumbent does not maintain certification as required under chapter 43.101 RCW, is decertified pursuant to a final decision by the criminal justice training commission under chapter 43.101 RCW or a final decision on appeal, or if the other requirements of RCW 36.28.025 have not been met or have not been complied with while in office. When a vacancy has been created, the vacancy shall be filled pursuant to RCW 36.16.110. The person appointed must meet the requirements of RCW 36.28.025.
(2) Where the office of sheriff is an appointed position, such appointment is terminated, and a vacancy created, if the incumbent does not maintain certification as required under chapter 43.101 RCW, is decertified pursuant to a final decision by the criminal justice training commission under chapter 43.101 RCW or a final decision on appeal, or if the other requirements of RCW 36.28.025 have not been met or have not been complied with while in office. The appointing county legislative authority shall appoint a replacement to fill the office. The person appointed must meet the requirements of RCW 36.28.025.
[ 2026 c 258 s 11.]
Notes:
Findings—Intent—Effective date—2026 c 258: See notes following RCW 35.21.333.

catchline: Vacancy due to loss of certification.


title: RCW 36.28A.010

text:
The Washington association of sheriffs and police chiefs is hereby declared to be a combination of units of local government: PROVIDED, That such association shall not be considered an "employer" within the meaning of RCW * 41.26.030(2) or ** 41.40.010(4): PROVIDED FURTHER, That no compensation received as an employee of the association shall be considered salary for purposes of the provisions of any retirement system created pursuant to the general laws of this state: PROVIDED FURTHER, That such association shall not qualify for inclusion under the unallocated two mills of the property tax of any political subdivision: PROVIDED FURTHER, That the association shall not have the authority to assess any excess levy or bond measure.
[ 1975 1st ex.s. c 172 s 1.]
Notes:
Reviser's note: *(1) RCW 41.26.030 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (2) to subsection (14).
**(2) RCW 41.40.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (4) to subsection (13).
PDF
RCW 36.28A.010
Declarations. (Effective June 30, 2029.)
The Washington association of sheriffs and police chiefs is hereby declared to be a combination of units of local government: PROVIDED, That such association shall not be considered an "employer" within the meaning of RCW 41.26.030, 41.26A.030, or 41.40.010: PROVIDED FURTHER, That no compensation received as an employee of the association shall be considered salary for purposes of the provisions of any retirement system created pursuant to the general laws of this state: PROVIDED FURTHER, That such association shall not qualify for inclusion under the unallocated two mills of the property tax of any political subdivision: PROVIDED FURTHER, That the association shall not have the authority to assess any excess levy or bond measure.
[ 2026 c 261 s 408; 1975 1st ex.s. c 172 s 1.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.

catchline: Declarations. (Effective until June 30, 2029.)


title: RCW 36.28A.020

text:
The Washington association of sheriffs and police chiefs may, upon request of a county's legislative authority, assist the county in developing and implementing its local law and justice plan. In doing so, the association shall consult with the office of financial management and the department of corrections.
[ 1991 c 363 s 56.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Local law and justice plan assistance.


title: RCW 36.28A.030

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

catchline: Hate crime offenses—Information reporting and dissemination.


title: RCW 36.28A.040

text:
(1) No later than July 1, 2002, the Washington association of sheriffs and police chiefs shall implement and operate an electronic statewide city and county jail booking and reporting system. The system shall serve as a central repository and instant information source for offender information and jail statistical data. The system may be placed on the Washington state justice information network and be capable of communicating electronically with every Washington state city and county jail and with all other Washington state criminal justice agencies as defined in RCW 10.97.030.
(2) After the Washington association of sheriffs and police chiefs has implemented an electronic jail booking system as described in subsection (1) of this section, if a city or county jail or law enforcement agency receives state or federal funding to cover the entire cost of implementing or reconfiguring an electronic jail booking system, the city or county jail or law enforcement agency shall implement or reconfigure an electronic jail booking system that is in compliance with the jail booking system standards developed pursuant to subsection (4) of this section.
(3) After the Washington association of sheriffs and police chiefs has implemented an electronic jail booking system as described in subsection (1) of this section, city or county jails, or law enforcement agencies that operate electronic jail booking systems, but choose not to accept state or federal money to implement or reconfigure electronic jail booking systems, shall electronically forward jail booking information to the Washington association of sheriffs and police chiefs. At a minimum the information forwarded shall include the name of the offender, vital statistics, the date the offender was arrested, the offenses arrested for, the date and time an offender is released or transferred from a city or county jail, and if available, the mug shot. The electronic format in which the information is sent shall be at the discretion of the city or county jail, or law enforcement agency forwarding the information. City and county jails or law enforcement agencies that forward jail booking information under this subsection are not required to comply with the standards developed under subsection (4)(b) of this section.
(4) The Washington association of sheriffs and police chiefs shall appoint, convene, and manage a statewide jail booking and reporting system standards committee. The committee shall include representatives from the Washington association of sheriffs and police chiefs correction committee, the information service board's justice information committee, the judicial information system, at least two individuals who serve as jailers in a city or county jail, and other individuals that the Washington association of sheriffs and police chiefs places on the committee. The committee shall have the authority to:
(a) Develop and amend as needed standards for the statewide jail booking and reporting system and for the information that must be contained within the system. At a minimum, the system shall contain:
(i) The offenses the individual has been charged with;
(ii) Descriptive and personal information about each offender booked into a city or county jail. At a minimum, this information shall contain the offender's name, vital statistics, address, and mugshot;
(iii) Information about the offender while in jail, which could be used to protect criminal justice officials that have future contact with the offender, such as medical conditions, acts of violence, and other behavior problems;
(iv) Statistical data indicating the current capacity of each jail and the quantity and category of offenses charged;
(v) The ability to communicate directly and immediately with the city and county jails and other criminal justice entities; and
(vi) The date and time that an offender was released or transferred from a local jail;
(b) Develop and amend as needed operational standards for city and county jail booking systems, which at a minimum shall include the type of information collected and transmitted, and the technical requirements needed for the city and county jail booking system to communicate with the statewide jail booking and reporting system;
(c) Develop and amend as needed standards for allocating grants to city and county jails or law enforcement agencies that will be implementing or reconfiguring electronic jail booking systems.
(5)(a) A statewide automated victim information and notification system shall be added to the city and county jail booking and reporting system. The system shall:
(i) Automatically notify a registered victim via the victim's choice of telephone, letter, or email when any of the following events affect an offender housed in any Washington state city or county jail or department of corrections facility:
(A) Is transferred or assigned to another facility;
(B) Is transferred to the custody of another agency outside the state;
(C) Is given a different security classification;
(D) Is released on temporary leave or otherwise;
(E) Is discharged;
(F) Has escaped; or
(G) Has been served with a protective order that was requested by the victim;
(ii) Automatically notify a registered victim via the victim's choice of telephone, letter, or email when an offender has:
(A) An upcoming court event where the victim is entitled to be present, if the court information is made available to the statewide automated victim information and notification system administrator at the Washington association of sheriffs and police chiefs;
(B) An upcoming parole, pardon, or community supervision hearing; or
(C) A change in the offender's parole, probation, or community supervision status including:
(I) A change in the offender's supervision status; or
(II) A change in the offender's address;
(iii) Automatically notify a registered victim via the victim's choice of telephone, letter, or email when a sex offender has:
(A) Updated his or her profile information with the state sex offender registry; or
(B) Become noncompliant with the state sex offender registry;
(iv) Permit a registered victim to receive the most recent status report for an offender in any Washington state city and county jail, department of corrections, or sex offender registry by calling the statewide automated victim information and notification system on a toll-free telephone number or by accessing the statewide automated victim information and notification system via a public website. All registered victims calling the statewide automated victim information and notification system will be given the option to have live operator assistance to help use the program on a twenty-four hour, three hundred sixty-five day per year basis;
(v) Permit a crime victim to register, or registered victim to update, the victim's registration information for the statewide automated victim information and notification system by calling a toll-free telephone number or by accessing a public website; and
(vi) Ensure that the offender information contained within the statewide automated victim information and notification system is updated frequently to timely notify a crime victim that an offender has been released or discharged or has escaped. However, the failure of the statewide automated victim information and notification system to provide notice to the victim does not establish a separate cause of action by the victim against state officials, local officials, law enforcement officers, or any related correctional authorities.
(b) Participation in the statewide automated victim information and notification program satisfies any obligation to notify the crime victim of an offender's custody status and the status of the offender's upcoming court events so long as:
(i) Information making offender and case data available is provided on a timely basis to the statewide automated victim information and notification program; and
(ii) Information a victim submits to register and participate in the victim notification system is only used for the sole purpose of victim notification.
(c) Automated victim information and notification systems in existence and operational as of July 22, 2007, shall not be required to participate in the statewide system.
(6) When funded, the Washington association of sheriffs and police chiefs shall implement and operate an electronic statewide unified sex offender notification and registration program. Information submitted to the program by a person for the purpose of receiving notification regarding a registered sex offender, including the person's name, residential address, and email address, are exempt from public inspection and copying under chapter 42.56 RCW.
(7) An appointed or elected official, public employee, or public agency as defined in RCW 4.24.470, or combination of units of government and its employees, as provided in RCW 36.28A.010, are immune from civil liability for damages for any release of information or the failure to release information related to the statewide automated victim information and notification system, the electronic statewide unified sex offender notification and registration program, and the jail booking and reporting system as described in this section, so long as the release was without gross negligence. The immunity provided under this subsection applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the general public.
[ 2010 c 266 s 1; 2009 c 31 s 1; 2007 c 204 s 1; 2001 c 169 s 3; 2000 c 3 s 1.]
Notes:
Contingent expiration date—2000 c 3: "If the Washington association of sheriffs and police chiefs does not receive federal funding for purposes of this act by December 31, 2000, this act is null and void." [ 2000 c 3 s 4.] According to the Washington association of sheriffs and police chiefs, federal funding for the purposes of chapter 3, Laws of 2000, was received by December 31, 2000.

catchline: Statewide city and county jail booking and reporting system—Standards committee—Statewide automated victim information and notification system—Statewide unified sex offender notification and registration program—Liability immunity.


title: RCW 36.28A.0401

text:
In Washington any vendor contracted to provide a statewide automated victim notification service must deliver the service with a minimum of 99.95-percent availability and with less than an average of one-percent notification errors as a result of the vendor's technology.
[ 2007 c 204 s 2.]

catchline: Statewide automated victim information and notification system—Vendor services.


title: RCW 36.28A.0402

text:
The department of corrections is not required to provide any data to the Washington association of sheriffs and police chiefs for the statewide automated victim information and notification system as stated in RCW 36.28A.040, until January 1, 2010.
[ 2007 c 204 s 3.]

catchline: Statewide automated victim information and notification system—Department of corrections data.


title: RCW 36.28A.050

text:
(1) The Washington association of sheriffs and police chiefs shall establish and manage a local jail booking system grant fund. All federal or state money collected to offset the costs associated with RCW 36.28A.040(2) shall be processed through the grant fund established by this section. The statewide jail booking and reporting system standards committee established under RCW 36.28A.040(4) shall distribute the grants in accordance with any standards it develops.
(2) The Washington association of sheriffs and police chiefs shall pursue federal funding to be placed into the local jail booking system grant fund.
[ 2000 c 3 s 2.]
Notes:
Contingent expiration date—2000 c 3: See note following RCW 36.28A.040.

catchline: Statewide city and county jail booking and reporting system—Grant fund.