title: RCW 9.94A.708

text:
(1) When an offender is under community custody, the community corrections officer may obtain information from the offender's mental health treatment provider on the offender's status with respect to evaluation, application for services, registration for services, and compliance with the supervision plan, without the offender's consent, as described under *RCW 71.05.630.
(2) An offender under community custody who is civilly detained under chapter 71.05 RCW, and subsequently discharged or conditionally released to the community, shall be under the supervision of the department for the duration of his or her period of community custody. During any period of inpatient mental health treatment that falls within the period of community custody, the inpatient treatment provider and the supervising community corrections officer shall notify each other about the offender's discharge, release, and legal status, and shall share other relevant information.
[ 2008 c 231 s 13.]
Notes:
*Reviser's note: RCW 71.05.630 was repealed by 2013 c 200 s 34, effective July 1, 2014.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.

catchline: Community custody—Mental health information—Access by department.


doc_type: statute

jurisdiction: wa

title: RCW 9.94A.709

text:
(1) At any time prior to the completion or termination of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions of community custody for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody.
(2)(a) On the motion of the offender, following the offender's release from total confinement, the court may amend the substantive conditions of community custody imposed by the court.
(b) The offender shall have the burden of proving by a preponderance of the evidence that there has been a substantial change in circumstances such that the condition of community custody is no longer necessary for community safety. In determining whether there has been a substantial change in circumstances, the court may not base its determination solely on the fact that time has passed without a violation.
(c) An offender may file a motion to modify substantive conditions of community custody imposed by the court no more than once in every 12-month period that the order is in effect, starting from the date of the order.
(d) The time limit for collateral attacks established under RCW 10.73.090 does not apply to any motion filed pursuant to this subsection.
(e) A motion under this subsection may not reopen the offender's conviction to challenges that would otherwise be barred by RCW 10.73.090, 10.73.100, 10.73.140, or other procedural barriers.
(3) If a violation of a condition extended under this section occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.631 and may be punishable as contempt of court as provided for in RCW 7.21.040.
(4) If the court extends a condition beyond the expiration of the term of community custody, the department is not responsible for supervision of the offender's compliance with the condition.
[ 2024 c 118 s 3; 2008 c 231 s 14.]
Notes:
Application—Effective date—2024 c 118: See notes following RCW 9.94A.704.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.

license: public-domain-government-work

rule_set: Revised Code of Washington

code: rcw

unit: section

court: Washington State Legislature


title: RCW 9.94A.714

text:
(1) The department may work with the Washington association of sheriffs and police chiefs to establish and operate an electronic monitoring program for offenders who violate the terms of their community custody.
(2) Local governments, their subdivisions and employees, the department and its employees, and the Washington association of sheriffs and police chiefs and its employees are immune from civil liability for damages arising from incidents involving offenders who are placed on electronic monitoring unless it is shown that an employee acted with gross negligence or bad faith.
[ 2012 1st sp.s. c 6 s 5; 2008 c 231 s 16.]
Notes:
Effective date—2012 1st sp.s. c 6 ss 1, 3 through 9, and 11 through 14: See note following RCW 9.94A.631.
Application—2012 1st sp.s. c 6: See note following RCW 9.94A.631.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.

catchline: Community custody—Violations—Electronic monitoring program—Immunity from civil liability.


title: RCW 9.94A.716

text:
(1) The secretary may issue warrants for the arrest of any offender who violates a condition of community custody. The arrest warrants shall authorize any law enforcement or peace officer or community corrections officer of this state or any other state where such offender may be located, to arrest the offender and place him or her in total confinement pending disposition of the alleged violation pursuant to RCW 9.94A.633.
(2) A community corrections officer, if he or she has reasonable cause to believe an offender has violated a condition of community custody, may suspend the person's community custody status and arrest or cause the arrest and detention in total confinement of the offender, pending the determination of the secretary as to whether the violation has occurred. The community corrections officer shall report to the secretary all facts and circumstances and the reasons for the action of suspending community custody status.
(3) If an offender has been arrested by the department for a new felony offense while under community custody, the facts and circumstances of the conduct of the offender shall be reported by the community corrections officer to local law enforcement or local prosecution for consideration of new charges. The community corrections officer's report shall serve as notice that the department will hold the offender in total confinement for not more than three days from the time of such notice for the new crime, except if the offender's underlying offense is a felony offense listed in RCW 9.94A.737(5), in which case the department will hold the offender for thirty days from the time of arrest, until a prosecuting attorney charges the offender with a crime, or until a prosecuting attorney provides written notice to the department that new charges will not be filed, whichever occurs first. Nothing in this subsection shall be construed as to permit the department to hold an offender past his or her maximum term of total confinement if the offender has not completed the maximum term of total confinement or to permit the department to hold an offender past the offender's term of community custody.
(4) A violation of a condition of community custody shall be deemed a violation of the sentence for purposes of RCW 9.94A.631. The authority granted to community corrections officers under this section shall be in addition to that set forth in RCW 9.94A.631.
[ 2020 c 82 s 3; 2012 1st sp.s. c 6 s 6; 2008 c 231 s 21.]
Notes:
Retroactive application—2020 c 82 ss 1-3: See note following RCW 9.94A.737.
Appropriation—Report—2020 c 82: See note following RCW 9.94A.737.
Effective date—2012 1st sp.s. c 6 ss 1, 3 through 9, and 11 through 14: See note following RCW 9.94A.631.
Application—2012 1st sp.s. c 6: See note following RCW 9.94A.631.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.

catchline: Community custody—Violations—Arrest.


title: RCW 9.94A.717

text:
(1) If an offender sentenced under this chapter or chapter 9.94B RCW is supervised by the department, the offender may earn supervision compliance credit in accordance with procedures that are developed and adopted by the department. Such procedures shall be available on the department's website.
(a) The supervision compliance credit shall be awarded to offenders who are in compliance with supervision terms, as determined by the department.
(b) For each month in compliance with supervision terms in accordance with (a) of this subsection, an offender may earn supervision compliance credit of 10 days.
(c) Supervision compliance credit is accrued monthly and time shall not be applied to an offender's term of supervision prior to the earning of the time.
(d) An offender shall lose the ability to earn supervision compliance credits if the offender is sanctioned by a court for noncompliance with community custody requirements.
(2) An offender is not eligible to earn supervision compliance credit if he or she:
(a) Was sentenced under RCW 9.94A.507 or 10.95.030;
(b) Was sentenced to any sentencing alternative under this chapter;
(c) Is subject to supervision pursuant to RCW 9.94A.745;
(d) Is subject to a governor's conditional commutation;
(e) Has an indeterminate sentence and is subject to parole pursuant to RCW 9.95.017; or
(f) Is serving community custody pursuant to early release under RCW 9.94A.730.
(3) An offender is not eligible to earn supervision compliance credit on any cause being served concurrently with a less restrictive alternative subject to supervision pursuant to RCW 71.09.092.
[ 2025 c 397 s 1; 2025 c 48 s 3; 2020 c 275 s 2.]
Notes:
Reviser's note: This section was amended by 2025 c 48 s 3 and by 2025 c 397 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Implementation—2020 c 275: See note following RCW 9.94A.501.

catchline: Community custody—Supervision compliance credit.


title: RCW 9.94A.718

text:
(1) Any peace officer has authority to assist the department with the supervisions of offenders.
(2) If a peace officer has reasonable cause to believe an offender is in violation of the terms of supervision, the peace officer may conduct a search as provided under RCW 9.94A.631, of the offender's person, automobile, or other personal property to search for evidence of the violation. A peace officer may assist a community corrections officer with a search of the offender's residence if requested to do so by the community corrections officer.
(3) Nothing in this section prevents a peace officer from arresting an offender for any new crime found as a result of the offender's arrest or search authorized by this section.
(4) Upon substantiation of a violation of the offender's conditions of community supervision, utilizing existing methods and systems, the peace officer should notify the department of the violation.
(5) For the purposes of this section, "peace officer" refers to a limited or general authority Washington peace officer as defined in RCW 10.93.020.
[ 2016 c 234 s 1.]

catchline: Supervision of offenders—Peace officers have authority to assist.


title: RCW 9.94A.722

text:
When an offender receiving court-ordered mental health, chemical dependency, or domestic violence treatment or treatment ordered by the department of corrections presents for treatment from a mental health or chemical dependency treatment provider, the offender must disclose to the mental health, chemical dependency, or domestic violence treatment provider whether he or she is subject to supervision by the department of corrections. If an offender has received relief from disclosure pursuant to RCW 9.94A.562, * 70.96A.155, or 71.05.132, the offender must provide the mental health, chemical dependency, or domestic violence treatment provider with a copy of the order granting the relief.
[ 2019 c 263 s 602; 2004 c 166 s 9.]
Notes:
*Reviser's note: RCW 70.96A.155 was repealed by 2016 sp.s. c 29 s 301.
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 ss 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Severability—Effective dates—2004 c 166: See notes following RCW 71.05.040.


title: RCW 9.94A.723

text:
An offender's failure to inform the department of court-ordered treatment upon request by the department is a violation of the conditions of supervision if the offender is in the community and an infraction if the offender is in confinement, and the violation or infraction is subject to sanctions.
[ 2004 c 166 s 7.]
Notes:
Severability—Effective dates—2004 c 166: See notes following RCW 71.05.040.

catchline: Court-ordered treatment—Offender's failure to inform.


title: RCW 9.94A.725

text:
Participation in a work crew is conditioned upon the offender's acceptance into the program, abstinence from alcohol and controlled substances as demonstrated by urinalysis and breathalyzer monitoring, with the cost of monitoring to be paid by the offender, unless indigent; and upon compliance with the rules of the program, which rules require the offender to work to the best of his or her abilities and provide the program with accurate, verified residence information. Work crew may be imposed simultaneously with electronic home detention.
Where work crew is imposed as part of a sentence of nine months or more, the offender must serve a minimum of thirty days of total confinement before being eligible for work crew.
Work crew tasks shall be performed for a minimum of thirty-five hours per week. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state, or sanctioned under RCW 9.94A.737, are eligible to participate on a work crew. Offenders sentenced for a sex offense are not eligible for the work crew program.
An offender who has successfully completed four weeks of work crew at thirty-five hours per week shall thereafter receive credit toward the work crew sentence for hours worked at approved, verified employment. Such employment credit may be earned for up to twenty-four hours actual employment per week provided, however, that every such offender shall continue active participation in work crew projects according to a schedule approved by a work crew supervisor until the work crew sentence has been served.
The hours served as part of a work crew sentence may include substance abuse counseling and/or job skills training.
The civic improvement tasks performed by offenders on work crew shall be unskilled labor for the benefit of the community as determined by the head of the county executive branch or his or her designee. Civic improvement tasks shall not be done on private property unless it is owned or operated by a nonprofit entity, except that, for emergency purposes only, work crews may perform snow removal on any private property. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. In case any dispute arises as to a civic improvement task having more than minimum negative impact on existing private industries or labor force in the county where their service or labor is performed, the matter shall be referred by an interested party, as defined in RCW 39.12.010(4), for arbitration to the director of the department of labor and industries of the state.
Whenever an offender receives credit against a work crew sentence for hours of approved, verified employment, the offender shall pay to the agency administering the program the monthly assessment of an amount not less than ten dollars per month nor more than fifty dollars per month. This assessment shall be considered payment of the costs of providing the work crew program to an offender. The court may exempt a person from the payment of all or any part of the assessment based upon any of the following factors:
(1) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payment.
(2) The offender is a student in a school, college, university, or a course of vocational or technical training designed to fit the student for gainful employment.
(3) The offender has an employment handicap, as determined by an examination acceptable to or ordered by the court.
(4) The offender is responsible for the support of dependents and the payment of the assessment constitutes an undue hardship.
(5) Other extenuating circumstances as determined by the court.
[ 2000 c 28 s 27; 1991 c 181 s 2. Formerly RCW 9.94A.135.]
Notes:
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.

catchline: Offender work crews.


title: RCW 9.94A.728

text:
(1) No incarcerated individual serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:
(a) An incarcerated individual may earn early release time as authorized by RCW 9.94A.729;
(b) An incarcerated individual may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, incarcerated individuals may leave a correctional facility when in the custody of a corrections officer or officers;
(c)(i) The secretary may authorize an extraordinary medical placement for an incarcerated individual when all of the following conditions exist:
(A) The incarcerated individual has been assessed by two physicians and is determined to be one of the following:
(I) Affected by a permanent or degenerative medical condition to such a degree that the individual does not presently, and likely will not in the future, pose a threat to public safety; or
(II) In ill health and is expected to die within six months and does not presently, and likely will not in the future, pose a threat to public safety;
(B) The incarcerated individual has been assessed as low risk to the community at the time of release; and
(C) It is expected that granting the extraordinary medical placement will result in a cost savings to the state.
(ii) An incarcerated individual sentenced to death or to life imprisonment without the possibility of release or parole is not eligible for an extraordinary medical placement.
(iii) The secretary shall require electronic monitoring for all individuals in extraordinary medical placement unless the electronic monitoring equipment is detrimental to the individual's health, interferes with the function of the individual's medical equipment, or results in the loss of funding for the individual's medical care, in which case, an alternative type of monitoring shall be utilized. The secretary shall specify who shall provide the monitoring services and the terms under which the monitoring shall be performed.
(iv) The secretary may revoke an extraordinary medical placement under this subsection (1)(c) at any time.
(v) Persistent offenders are not eligible for extraordinary medical placement;
(d) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release:
(i) For reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances; or
(ii) Pursuant to RCW 9.94A.885;
(e) No more than the final 18 months of the incarcerated individual's term of confinement may be served in partial confinement for aiding the incarcerated individual with: Finding work as part of the work release program under chapter 72.65 RCW; [or] reestablishing himself or herself in the community as part of the parenting program in RCW 9.94A.6551. This is in addition to that period of earned early release time that may be exchanged for partial confinement pursuant to RCW 9.94A.729(5)(d);
(f)(i) No more than the final nine months of the incarcerated individual's term of confinement may be served in partial confinement as home detention as part of the graduated reentry program developed by the department under RCW 9.94A.733(1)(a);
(ii) For eligible incarcerated individuals under RCW 9.94A.733(1)(b), after serving at least three months in total confinement in a state correctional facility, an incarcerated individual may serve no more than the final 18 months of the incarcerated individual's term of confinement in partial confinement as home detention as part of the graduated reentry program developed by the department;
(g) The governor may pardon any incarcerated individual;
(h) The department may release an incarcerated individual from confinement any time within 10 days before a release date calculated under this section;
(i) An incarcerated individual may leave a correctional facility prior to completion of his or her sentence if the sentence has been reduced as provided in RCW 9.94A.870;
(j) Notwithstanding any other provisions of this section, an incarcerated individual sentenced for a felony crime listed in RCW 9.94A.540 as subject to a mandatory minimum sentence of total confinement shall not be released from total confinement before the completion of the listed mandatory minimum sentence for that felony crime of conviction unless allowed under RCW 9.94A.540; and
(k) Any individual convicted of one or more crimes committed prior to the individual's 18th birthday may be released from confinement pursuant to RCW 9.94A.730.
(2) Notwithstanding any other provision of this section, an incarcerated individual entitled to vacation of a conviction or the recalculation of his or her offender score pursuant to State v. Blake, No. 96873-0 (Feb. 25, 2021), may be released from confinement pursuant to a court order if the incarcerated individual has already served a period of confinement that exceeds his or her new standard range. This provision does not create an independent right to release from confinement prior to resentencing.
(3) Individuals residing in a juvenile correctional facility placement pursuant to RCW 72.01.410(1)(a) are not subject to the limitations in this section.
[ 2025 c 407 s 6; 2025 c 371 s 6; 2023 c 358 s 1. Prior: 2021 c 311 s 19; 2021 c 266 s 2; 2018 c 166 s 2; prior: 2015 c 156 s 1; 2015 c 134 s 3; 2010 c 224 s 6; prior: 2009 c 455 s 2; (2009 c 455 s 1 expired August 1, 2009); 2009 c 441 s 1; 2009 c 399 s 1; 2008 c 231 s 34; 2007 c 483 s 304; 2004 c 176 s 6; 2003 c 379 s 1; prior: 2002 c 290 s 21; 2002 c 50 s 2; 2000 c 28 s 28; prior: 1999 c 324 s 1; 1999 c 37 s 1; 1996 c 199 s 2; 1995 c 129 s 7 (Initiative Measure No. 159); 1992 c 145 s 8; 1990 c 3 s 202; 1989 c 248 s 2; prior: 1988 c 153 s 3; 1988 c 3 s 1; 1984 c 209 s 8; 1982 c 192 s 6; 1981 c 137 s 15. Formerly RCW 9.94A.150.]
Notes:
Reviser's note: This section was amended by 2025 c 371 s 6 and by 2025 c 407 s 6, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Retroactive application—Findings—Intent—2025 c 407: See notes following RCW 9.94A.6551.
Effective date—2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.
Retroactive application—2021 c 266: See note following RCW 9.94A.733.
Effective date—2015 c 134: See note following RCW 9.94A.501.
Effective date—2009 c 455 s 2: "Section 2 of this act takes effect August 1, 2009." [ 2009 c 455 s 5.]
Expiration date—2009 c 455 s 1: "Section 1 of this act expires August 1, 2009." [ 2009 c 455 s 6.]
Effective date—2009 c 441: "This act takes effect August 1, 2009." [ 2009 c 441 s 2.]
Effective date—2009 c 399: "This act takes effect August 1, 2009." [ 2009 c 399 s 2.]
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Findings—2007 c 483: See RCW 72.78.005.
Severability—Effective date—2004 c 176: See notes following RCW 9.94A.515.
Severability—2003 c 379: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2003 c 379 s 28.]
Effective dates—2003 c 379: "(1) Sections 1 through 12, 20, and 28 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2003.
(2) Sections 13 through 19 and 21 through 27 of this act take effect October 1, 2003." [ 2003 c 379 s 29.]
Effective date—2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Intent—2002 c 50: "The legislature has determined in RCW 9.94A.728(2) that the department of corrections may transfer offenders to community custody status in lieu of earned release time in accordance with a program developed by the department of corrections. It is the legislature's intent, in response to: In re: Capello 106 Wn.App. 576 (2001), to clarify the law to reflect that the secretary of the department has, and has had since enactment of the community placement act of 1988, the authority to require all offenders, eligible for release to community custody status in lieu of earned release, to provide a release plan that includes an approved residence and living arrangement prior to any transfer to the community." [ 2002 c 50 s 1.]
Application—2002 c 50: "This act applies to all offenders with community placement or community custody terms currently incarcerated either before, on, or after March 14, 2002." [ 2002 c 50 s 3.]
Severability—2002 c 50: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2002 c 50 s 4.]
Effective date—2002 c 50: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 14, 2002]." [ 2002 c 50 s 5.]
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
Severability—1996 c 199: See note following RCW 9.94A.505.
Findings and intent—Short title—Severability—Captions not law—1995 c 129: See notes following RCW 9.94A.510.
Application—1989 c 248: See note following RCW 9.92.151.
Effective date—Application of increased sanctions—1988 c 153: See notes following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1981 c 137: See RCW 9.94A.905.

catchline: Release prior to expiration of sentence.


title: RCW 9.94A.7281

text:
The legislature declares that the changes to the maximum percentages of earned release time in chapter 379, Laws of 2003 do not create any expectation that the percentage of earned release time cannot be revised and offenders have no reason to conclude that the maximum percentage of earned release time is an entitlement or creates any liberty interest. The legislature retains full control over the right to revise the percentages of earned release time available to offenders at any time. This section applies to persons convicted on or after July 1, 2003.
[ 2003 c 379 s 2.]
Notes:
Severability—Effective dates—2003 c 379: See notes following RCW 9.94A.728.

catchline: Legislative declaration—Earned release time not an entitlement.


title: RCW 9.94A.729

text:
(1)(a) The term of the sentence of an offender committed to a correctional facility operated by the department may be reduced by earned release time in accordance with procedures that shall be developed and adopted by the correctional agency having jurisdiction in which the offender is confined. The earned release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned release credits in advance of the offender actually earning the credits.
(b) Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department, the administrator of a county jail facility shall certify to the department the amount of time spent in custody at the facility and the number of days of early release credits lost or not earned. The department may approve a jail certification from a correctional agency that calculates early release time based on the actual amount of confinement time served by the offender before sentencing when an erroneous calculation of confinement time served by the offender before sentencing appears on the judgment and sentence. The department must adjust an offender's rate of early release listed on the jail certification to be consistent with the rate applicable to offenders in the department's facilities. However, the department is not authorized to adjust the number of presentence early release days that the jail has certified as lost or not earned.
(2)(a) An offender who has been convicted of a felony committed after July 23, 1995, that involves any applicable deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, shall not receive any good time credits or earned release time for that portion of his or her sentence that results from any deadly weapon enhancements.
(b) An offender whose sentence includes any impaired driving enhancements under RCW 9.94A.533(7), minor child enhancements under RCW 9.94A.533(13), or both, shall not receive any good time credits or earned release time for any portion of his or her sentence that results from those enhancements.
(3) An offender may earn early release time as follows:
(a) In the case of an offender sentenced pursuant to RCW * 10.95.030(3) or 10.95.035, the offender may not receive any earned early release time during the minimum term of confinement imposed by the court; for any remaining portion of the sentence served by the offender, the aggregate earned release time may not exceed 10 percent of the sentence.
(b) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 1990, and before July 1, 2003, the aggregate earned release time may not exceed 15 percent of the sentence.
(c) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2003, the aggregate earned release time may not exceed 10 percent of the sentence.
(d) An offender is qualified to earn up to 50 percent of aggregate earned release time if he or she:
(i) Is not classified as an offender who is at a high risk to reoffend as provided in subsection (4) of this section;
(ii) Is not confined pursuant to a sentence for:
(A) A sex offense;
(B) A violent offense;
(C) A crime against persons as defined in RCW 9.94A.411;
(D) A felony that is domestic violence as defined in RCW 10.99.020;
(E) A violation of RCW 9A.52.025 (residential burglary);
(F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
(G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
(iii) Has no prior conviction for the offenses listed in (d)(ii) of this subsection;
(iv) Participates in programming or activities as directed by the offender's individual reentry plan as provided under RCW 72.09.270 to the extent that such programming or activities are made available by the department; and
(v) Has not committed a new felony after July 22, 2007, while under community custody.
(e) In no other case shall the aggregate earned release time exceed one-third of the total sentence.
(4) The department shall perform a risk assessment of each offender who may qualify for earned early release under subsection (3)(d) of this section utilizing the risk assessment tool recommended by the Washington state institute for public policy. Subsection (3)(d) of this section does not apply to offenders convicted after July 1, 2010.
(5)(a) A person who is eligible for earned early release as provided in this section and who will be supervised by the department pursuant to RCW 9.94A.501 or ** 9.94A.5011, shall be transferred to community custody in lieu of earned release time;
(b) The department shall, as a part of its program for release to the community in lieu of earned release, require the offender to propose a release plan that includes an approved residence and living arrangement. All offenders with community custody terms eligible for release to community custody in lieu of earned release shall provide an approved residence and living arrangement prior to release to the community;
(c) The department may deny transfer to community custody in lieu of earned release time if the department determines an offender's release plan, including proposed residence location and living arrangements, may violate the conditions of the sentence or conditions of supervision, place the offender at risk to violate the conditions of the sentence, place the offender at risk to reoffend, or present a risk to victim safety or community safety. The department's authority under this section is independent of any court-ordered condition of sentence or statutory provision regarding conditions for community custody;
(d) If the department is unable to approve the offender's release plan, the department may do one or more of the following:
(i) Transfer an offender to partial confinement in lieu of earned early release for a period not to exceed three months. The three months in partial confinement is in addition to that portion of the offender's term of confinement that may be served in partial confinement as provided in RCW 9.94A.728(1)(e);
(ii) Provide rental vouchers to the offender for a period not to exceed six months if rental assistance will result in an approved release plan.
A voucher must be provided in conjunction with additional transition support programming or services that enable an offender to participate in services including, but not limited to, substance abuse treatment, mental health treatment, sex offender treatment, educational programming, or employment programming;
(e) The department shall maintain a list of housing providers that meets the requirements of RCW 72.09.285. If more than two voucher recipients will be residing per dwelling unit, as defined in RCW 59.18.030, rental vouchers for those recipients may only be paid to a housing provider on the department's list;
(f) For each offender who is the recipient of a rental voucher, the department shall gather data as recommended by the Washington state institute for public policy in order to best demonstrate whether rental vouchers are effective in reducing recidivism.
(6) An offender serving a term of confinement imposed under RCW 9.94A.670(5)(a) is not eligible for earned release credits under this section.
[ 2022 c 29 s 1; 2020 c 330 s 2; 2015 c 134 s 4; 2014 c 130 s 4. Prior: 2013 2nd sp.s. c 14 s 2; 2013 c 266 s 1; 2011 1st sp.s. c 40 s 4; 2010 c 224 s 7; 2009 c 455 s 3.]
Notes:
Reviser's note: *(1) RCW 10.95.030 was amended by 2023 c 102 s 20, changing subsection (3) to subsection (2).
**(2) RCW 9.94A.5011 expired August 1, 2014.
Housing voucher program outcome evaluation and benefit-cost analysis—2022 c 29: "Subject to the availability of amounts appropriated for this specific purpose, the Washington state institute for public policy shall conduct an outcome evaluation and benefit-cost analysis of Washington's housing voucher program to account for the expansion of the program under RCW 9.94A.729 and 72.02.100. The analysis should take into account impacts on homelessness, recidivism, criminal justice costs, use of public services, and other factors determined to be appropriate by the institute. The department of corrections shall cooperate with the institute to facilitate access to data or other resources necessary to complete the analysis required under this section. The institute shall submit a final report to the governor and appropriate committees of the legislature by November 1, 2025." [ 2022 c 29 s 6.]
Transfer of residual funds to the general fund—2022 c 29: "The state treasurer shall transfer all residual funds in the cost of supervision fund to the general fund on June 30, 2022." [ 2022 c 29 s 15.]
Effective date—2020 c 330: "Sections 2, 3, 5 through 12, and 14 through 18 of this act take effect January 1, 2022." [ 2020 c 330 s 20.]
Effective date—2015 c 134: See note following RCW 9.94A.501.
Application—Effective date—2014 c 130: See notes following RCW 9.94A.510.
Application—Recalculation of earned release date—Compilation of sentencing information—Report—Effective date—2013 2nd sp.s. c 14: See notes following RCW 9.94A.517.
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date—2011 1st sp.s. c 40 ss 1-9, 42: See note following RCW 9.94A.501.
Effective date—2009 c 455 s 3: "Section 3 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 11, 2009]." [ 2009 c 455 s 7.]

catchline: Earned release time—Risk assessments.


title: RCW 9.94A.730

text:
(1) Notwithstanding any other provision of this chapter, any person convicted of one or more crimes committed prior to the person's 18th birthday may petition the indeterminate sentence review board for early release after serving no less than 20 years of total confinement, provided the person has not been convicted for any crime committed subsequent to the person's 18th birthday, the person has not committed a disqualifying serious infraction as defined by the department in the 12 months prior to filing the petition for early release, and the current sentence was not imposed under RCW 10.95.030 or 9.94A.507.
(2) No later than five years prior to the date the offender will be eligible to petition for release, the department shall conduct an assessment of the offender and identify programming and services that would be appropriate to prepare the offender for return to the community. To the extent possible, the department shall make programming available as identified by the assessment.
(3) No later than 180 days from receipt of the petition for early release, the department shall conduct, and the offender shall participate in, an examination of the person, incorporating methodologies that are recognized by experts in the prediction of dangerousness, and including a prediction of the probability that the person will engage in future criminal behavior if released on conditions to be set by the board. The board may consider a person's failure to participate in an evaluation under this subsection in determining whether to release the person. The board shall order the person released under such affirmative and other conditions as the board determines appropriate, unless the board determines by a preponderance of the evidence that, despite such conditions, it is more likely than not that the person will commit new criminal law violations if released. The board shall give public safety considerations the highest priority when making all discretionary decisions regarding the ability for release and conditions of release.
(4) In a hearing conducted under subsection (3) of this section, the board shall provide opportunities for victims and survivors of victims of any crimes for which the offender has been convicted to present statements as set forth in RCW 7.69.032. The procedures for victim and survivor of victim input shall be provided by rule. To facilitate victim and survivor of victim involvement, county prosecutor's offices shall ensure that any victim impact statements and known contact information for victims of record and survivors of victims are forwarded as part of the judgment and sentence.
(5) Any person released by the board pursuant to this section shall comply with conditions imposed or modified pursuant to RCW 9.94A.704(10), in addition to court-imposed conditions.
(6) An offender released by the board is subject to the supervision of the department for a period of time to be determined by the board, up to the length of the court-imposed term of incarceration. The department shall monitor the offender's compliance with conditions of community custody imposed by the court or board and promptly report any violations to the board. Any violation of conditions of community custody established or modified by the board are subject to the provisions of RCW 9.95.425 through 9.95.440.
(7) An offender whose petition for release is denied may file a new petition for release five years from the date of denial or at an earlier date as may be set by the board.
(8) An offender released under the provisions of this section may be returned to the institution at the discretion of the board if the offender is found to have violated a condition of community custody. The offender is entitled to a hearing pursuant to RCW 9.95.435. If the board finds that the offender has committed a new violation, the board may return the offender to the institution for up to the remainder of the court-imposed term of incarceration. The offender may file a new petition for release five years from the date of return to the institution or at an earlier date as may be set by the board.
[ 2024 c 118 s 4; 2015 c 134 s 6; 2014 c 130 s 10.]
Notes:
Application—Effective date—2024 c 118: See notes following RCW 9.94A.704.
Effective date—2015 c 134: See note following RCW 9.94A.501.
Effective date—2014 c 130: See note following RCW 9.94A.510.

catchline: Early release for persons convicted of one or more crimes committed prior to 18th birthday—Petition to indeterminate sentence review board—Conditions—Assessment, programming, and services—Examination—Hearing—Supervision—Denial of petition.


title: RCW 9.94A.731

text:
(1) An offender sentenced to a term of partial confinement shall be confined in the facility for at least eight hours per day or, if serving a work crew sentence shall comply with the conditions of that sentence as set forth in RCW 9.94A.030 and 9.94A.725. The offender shall be required as a condition of partial confinement to report to the facility at designated times. During the period of partial confinement, an offender may be required to comply with crime-related prohibitions and affirmative conditions imposed by the court or the department pursuant to this chapter.
(2) An offender in a county jail ordered to serve all or part of a term of less than one year in work release, work crew, or a program of home detention who violates the rules of the work release facility, work crew, or program of home detention or fails to remain employed or enrolled in school may be transferred to the appropriate county detention facility without further court order but shall, upon request, be notified of the right to request an administrative hearing on the issue of whether or not the offender failed to comply with the order and relevant conditions. Pending such hearing, or in the absence of a request for the hearing, the offender shall serve the remainder of the term of confinement as total confinement. This subsection shall not affect transfer or placement of offenders committed to the department.
(3) Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.
[ 2009 c 28 s 13; 2003 c 254 s 2; 2000 c 28 s 29; 1999 c 143 s 15; 1991 c 181 s 4; 1988 c 154 s 4; 1987 c 456 s 3; 1981 c 137 s 18. Formerly RCW 9.94A.180.]
Notes:
Effective date—2009 c 28: See note following RCW 2.24.040.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
Effective date—1981 c 137: See RCW 9.94A.905.

catchline: Term of partial confinement, work release, home detention.


title: RCW 9.94A.733

text:
(1)(a) Except as provided in (b) of this subsection, an incarcerated individual may not participate in the graduated reentry program under this subsection unless he or she has served at least six months in total confinement in a state correctional facility.
(i) An incarcerated individual subject to (a) of this subsection may serve no more than the final nine months of the incarcerated individual's term of confinement in partial confinement as home detention as part of the graduated reentry program developed by the department.
(ii) Home detention under (a) of this subsection may not be imposed for individuals subject to a deportation order, civil commitment, or the interstate compact for adult offender supervision under RCW 9.94A.745.
(b) For incarcerated individuals who meet the requirements of (b)(iii) of this subsection, an incarcerated individual may not participate in the graduated reentry program unless he or she has served at least three months in total confinement in a state correctional facility.
(i) An incarcerated individual under this subsection (1)(b) may serve no more than the final 18 months of the incarcerated individual's term of confinement in partial confinement as home detention as part of the graduated reentry program developed by the department.
(ii) Home detention under this subsection (1)(b) may not be imposed for individuals subject to a deportation order or subject to the jurisdiction of the indeterminate sentence review board.
(iii) Home detention under this subsection (1)(b) may not be imposed for incarcerated individuals currently serving a term of confinement for the following offenses:
(A) Any sex offense;
(B) Any violent offense; or
(C) Any crime against a person offense in accordance with the categorization of crimes against persons outlined in RCW 9.94A.411(2).
(2) The secretary of the department may transfer an incarcerated individual from a department correctional facility to home detention in the community if it is determined that the graduated reentry program is an appropriate placement and must assist the incarcerated individual's transition from confinement to the community.
(3) The department and its officers, agents, and employees are not liable for the acts of individuals participating in the graduated reentry program unless the department or its officers, agents, and employees acted with willful and wanton disregard.
(4)(a) All incarcerated individuals placed on home detention as part of the graduated reentry program must provide an approved residence and living arrangement prior to transfer to home detention.
(b) The department may not transfer an incarcerated individual to participate in the graduated reentry program until the department has a clinically appropriate evaluation for substance use disorder. If the incarcerated individual is diagnosed to have a substance use disorder, the department shall assist the incarcerated individual in enrolling in substance use disorder treatment services at the level deemed clinically appropriate. Individuals transferred to participate in the graduated reentry program, and diagnosed with a substance use disorder, must begin receiving substance use disorder treatment services as soon as practicable after transfer to avoid any delays in treatment. Substance use disorder treatment services shall include, as deemed necessary by the evaluation, access to medication-assisted treatment and counseling programs. Upon transfer to the graduated reentry program, when clinically appropriate, individuals must be provided with access to self-administered fentanyl testing supplies and medications designed to reverse the effects of opioid overdose.
(5) While in the community on home detention as part of the graduated reentry program, the department must:
(a) Require the individual to be placed on electronic home monitoring;
(b) Require the individual to participate in programming and treatment that the department shall assign based on an individual's assessed need; and
(c) Assign a community corrections officer who will monitor the individual's compliance with conditions of partial confinement and programming requirements.
(6) The department retains the authority to return any individual serving partial confinement in the graduated reentry program to total confinement for any reason including, but not limited to, the individual's noncompliance with any sentence requirement.
(7) The department may issue rental vouchers for a period not to exceed six months for those transferring to partial confinement under this section if an approved address cannot be obtained without the assistance of a voucher.
(8) In the selection of incarcerated individuals to participate in the graduated reentry program, and in setting, modifying, and enforcing the requirements of the graduated reentry program, the department is deemed to be performing a quasi-judicial function.
(9) The department shall publish a monthly report on its website with the number of incarcerated individuals who were transferred during the month to home detention as part of the graduated reentry program. The department shall submit an annual report by December 1st to the appropriate committees of the legislature with the number of incarcerated individuals who were transferred to home detention as part of the graduated reentry program during the prior year.
(10)(a) Beginning July 1, 2023, the following data must be collected and posted to the department's website on a monthly basis:
(i) The number of incarcerated individuals who were transferred to the graduated reentry program who were assessed to have a substance use disorder during the prior calendar month; and
(ii) The number of individuals in the graduated reentry program who received during the prior 12 months:
(A) Outpatient substance use disorder treatment;
(B) Inpatient substance use disorder treatment; and
(C) Both outpatient and inpatient substance use disorder treatment.
(b) Beginning July 1, 2023, the health care authority must report monthly to the department on the number of individuals in the graduated reentry program who received substance use disorder outpatient treatment, while in the community, during the prior 12 months.
(11) The department must share data with the health care authority on individuals participating in the graduated reentry program.
[ 2025 c 407 s 5; 2023 c 405 s 1; 2021 c 266 s 1; 2018 c 166 s 1.]
Notes:
Retroactive application—Findings—Intent—2025 c 407: See notes following RCW 9.94A.6551.
Retroactive application—2021 c 266: "The changes to restrictions on partial confinement and the graduated reentry program under sections 1 and 2 of this act apply prospectively and retroactively to persons currently serving a sentence in any facility or institution either operated by the state or utilized under contract." [ 2021 c 266 s 3.]

catchline: Home detention—Graduated reentry program—Requirements for department.


title: RCW 9.94A.734

text:
(1) Home detention may not be imposed for offenders convicted of the following offenses, unless imposed as partial confinement in the department's parenting program under RCW 9.94A.6551 or the graduated reentry program under RCW 9.94A.733:
(a) A violent offense;
(b) Any sex offense;
(c) Any drug offense;
(d) Reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050;
(e) Assault in the third degree as defined in RCW 9A.36.031;
(f) Assault of a child in the third degree;
(g) Unlawful imprisonment as defined in RCW 9A.40.040; or
(h) Harassment as defined in RCW 9A.46.020.
Home detention may be imposed for offenders convicted of possession of a controlled substance under RCW 69.50.4013 or forged prescription for a controlled substance under RCW 69.50.403 if the offender fulfills the participation conditions set forth in this section and is monitored for drug use by a treatment alternatives to street crime program or a comparable court or agency-referred program.
(2) Home detention may be imposed for offenders convicted of burglary in the second degree as defined in RCW 9A.52.030 or residential burglary conditioned upon the offender:
(a) Successfully completing twenty-one days in a work release program;
(b) Having no convictions for burglary in the second degree or residential burglary during the preceding two years and not more than two prior convictions for burglary or residential burglary;
(c) Having no convictions for a violent felony offense during the preceding two years and not more than two prior convictions for a violent felony offense;
(d) Having no prior charges of escape; and
(e) Fulfilling the other conditions of the home detention program.
(3) Home detention may be imposed for offenders convicted of taking a motor vehicle without permission in the second degree as defined in RCW 9A.56.075, theft of a motor vehicle as defined under RCW 9A.56.065, or possession of a stolen motor vehicle as defined under RCW 9A.56.068 conditioned upon the offender:
(a) Having no convictions for taking a motor vehicle without permission, theft of a motor vehicle or possession of a stolen motor vehicle during the preceding five years and not more than two prior convictions for taking a motor vehicle without permission, theft of a motor vehicle or possession of a stolen motor vehicle;
(b) Having no convictions for a violent felony offense during the preceding two years and not more than two prior convictions for a violent felony offense;
(c) Having no prior charges of escape; and
(d) Fulfilling the other conditions of the home detention program.
(4) Participation in a home detention program shall be conditioned upon:
(a) The offender obtaining or maintaining current employment or attending a regular course of school study at regularly defined hours, or the offender performing parental duties to offspring or minors normally in the custody of the offender;
(b) Abiding by the rules of the home detention program; and
(c) Compliance with court-ordered legal financial obligations.
(5) The home detention program may also be made available to offenders whose charges and convictions do not otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under the home detention program, or where the health and welfare of the offender, other inmates, or staff would be jeopardized by the offender's incarceration. Participation in the home detention program for medical or health-related reasons is conditioned on the offender abiding by the rules of the home detention program and complying with court-ordered restitution.
(6)(a) A sentencing court shall deny the imposition of home detention if the court finds that (i) the offender has previously and knowingly violated the terms of a home detention program and (ii) the previous violation is not a technical, minor, or nonsubstantive violation.
(b) A sentencing court may deny the imposition of home detention if the court finds that (i) the offender has previously and knowingly violated the terms of a home detention program and (ii) the previous violation or violations were technical, minor, or nonsubstantive violations.
(7) A home detention program must be administered by a monitoring agency that meets the conditions described in RCW 9.94A.736.
[ 2018 c 166 s 4; 2015 c 287 s 2; 2010 c 224 s 9; 2007 c 199 s 9; 2003 c 53 s 62; 2000 c 28 s 30; 1995 c 108 s 2. Formerly RCW 9.94A.185.]
Notes:
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
Effective date—1995 c 108: See note following RCW 9.94A.030.

catchline: Home detention—Conditions.


title: RCW 9.94A.735

text:
(1) By December 1, 2015, the administrative office of the courts shall create a pattern form order for use by a court in cases where a court orders a person to comply with a home detention program.
(2) The court shall provide a copy of the form order to the person ordered to comply with a home detention program. The form order must include the following:
(a) In a conspicuous location, a notice of criminal penalties resulting for a violation of the terms and conditions of a home detention program; and
(b) Language stating that a person may leave his or her residence for specific purposes only as ordered by the court, with a list of common purposes, such as school, employment, treatment, counseling, programming, or other activities from which a court may select.
(3) When a court orders a person to comply with the terms of a home detention program, the court must, in addition to its order, complete the form order created pursuant to this section to notify the person of criminal penalties associated with violation of the terms and conditions of the program and of any express permission granted for absence from the residence.
[ 2015 c 287 s 4.]

catchline: Home detention—Form order.


title: RCW 9.94A.736

text:
(1) A supervising agency must establish terms and conditions of electronic monitoring for each individual subject to electronic monitoring under the agency's jurisdiction. The supervising agency must communicate those terms and conditions to the monitoring agency. A supervising agency must also establish protocols for when and how a monitoring agency must notify the supervising agency when a violation of the terms and conditions occurs. A monitoring agency must comply with the terms and conditions as established by the supervising agency.
(2) A monitoring agency shall:
(a) Provide notification within twenty-four hours to the court or other supervising agency when the monitoring agency discovers that the monitored individual is unaccounted for, or is beyond an approved location, for twenty-four consecutive hours. Notification shall also be provided to the probation department, the prosecuting attorney, local law enforcement, the local detention facility, or the department, as applicable;
(b) Establish geographic boundaries consistent with court-ordered activities and report substantive violations of those boundaries;
(c) Verify the location of the offender through in-person contact on a random basis at least once per month; and
(d) Report to the supervising agency or other appropriate authority any known violation of the law or court-ordered condition.
(3) In addition, a private monitoring agency shall:
(a) Have detailed contingency plans for the monitoring agency's operation with provisions for power outage, loss of telephone service, fire, flood, malfunction of equipment, death, incapacitation or personal emergency of a monitor, and financial insolvency of the monitoring agency;
(b) Prohibit certain relationships between a monitored individual and a monitoring agency, including:
(i) Personal associations between a monitored individual and a monitoring agency or agency employee;
(ii) A monitoring agency or employee entering into another business relationship with a monitored individual or monitored individual's family during the monitoring; and
(iii) A monitoring agency or employee employing a monitored individual for at least one year after the termination of the monitoring;
(c) Not employ or be owned by any person convicted of a felony offense within the past four years; and
(d) Obtain a background check through the Washington state patrol for every partner, director, officer, owner, employee, or operator of the monitoring agency, at the monitoring agency's expense.
(4) A private monitoring agency that fails to comply with any of the requirements in this section may be subject to a civil penalty, as determined by a court of competent jurisdiction or a court administrator, in an amount of not more than one thousand dollars for each violation, in addition to any penalties imposed by contract. A court or court administrator may cancel a contract with a monitoring agency for any violation by the monitoring agency.
(5)(a) A court that receives notice of a violation by a monitored individual of the terms of electronic monitoring or home detention shall note and maintain a record of the violation in the court file.
(b)(i) The presiding judge of a court must notify the administrative office of the courts if:
(A) The court or court administrator decides it will not allow use of a particular monitoring agency by persons ordered to comply with an electronic monitoring or home detention program; and
(B) The court or court administrator, after previously deciding not to allow use of a particular monitoring agency, decides to resume allowing use of the monitoring agency by persons ordered to comply with a home detention program.
(ii) In either case, the court or court administrator must include in its notice the reasons for the court's decision.
(6) The administrative office of the courts shall, after receiving notice pursuant to subsection (5) of this section, transmit the notice to all superior courts and courts of limited jurisdiction in the state, and any law enforcement or corrections agency that has requested such notification.
(7) The courts, the administrative office of the courts, and their employees and agents are not liable for acts or omissions pursuant to subsections (5) and (6) of this section absent a showing of gross negligence or bad faith.
(8) For the purposes of this section:
(a) A "monitoring agency" means an entity, private or public, which electronically monitors an individual, pursuant to an electronic monitoring or home detention program, including the department of corrections, a sheriff's office, a police department, a local detention facility, or a private entity; and
(b) A "supervising agency" means the public entity that authorized, approved, administers or manages, whether pretrial or posttrial, the home detention or electronic monitoring program of an individual and has jurisdiction and control over the monitored individual. A supervising agency may also be a monitoring agency.
(9) All government contracts with a private monitoring agency to provide electronic monitoring or home detention must be in writing and may provide contractual penalties in addition to those provided under chapter 287, Laws of 2015.
[ 2015 c 287 s 3.]

catchline: Electronic monitoring—Supervising agency to establish terms and conditions—Duties of monitoring agency.


title: RCW 9.94A.737

text:
(1) If an offender is accused of violating any condition or requirement of community custody, the department shall address the violation behavior. The department may hold offender disciplinary proceedings not subject to chapter 34.05 RCW. The department shall notify the offender in writing of the violation process.
(2)(a) The offender's violation behavior shall determine the sanction the department imposes. The department shall adopt rules creating a structured violation process that includes presumptive sanctions, aggravating and mitigating factors, and definitions for low level violations and high level violations.
(b) After an offender has committed and been sanctioned for five low level violations, subsequent violations committed by that offender may be considered high level violations, provided that any decision to elevate a violation complies with policies and rules established by the department.
(c)(i) The department must define aggravating factors that indicate the offender may present a current and ongoing foreseeable risk and which therefore elevate an offender's behavior to a high level violation process.
(ii) The state and its officers, agents, and employees may not be held criminally or civilly liable for a decision to elevate or not to elevate an offender's behavior to a high level violation process under this subsection unless the state or its officers, agents, and employees acted with reckless disregard.
(3) The department may intervene when an offender commits a low level violation by sanctioning the offender to one or more nonconfinement sanctions or to not more than three days in total confinement.
(a) The department shall develop rules to ensure that each offender subject to a short-term confinement sanction is provided the opportunity to respond to the alleged violation prior to imposition of total confinement.
(b) The offender may appeal the short-term confinement sanction to a panel of three reviewing officers designated by the secretary or by the secretary's designee. The offender's appeal must be in writing and hand-delivered to department staff, or postmarked, within seven days after the sanction is imposed.
(4) If an offender is accused of committing a high level violation, the department may sanction the offender to not more than thirty days in total confinement per hearing.
(a) The offender is entitled to a hearing prior to the imposition of sanctions; and
(b) The offender may be held in total confinement pending a sanction hearing. Prehearing time served must be credited to the offender's sanction time.
(5) If the offender's underlying offense is one of the following felonies provided in this subsection and the violation behavior constitutes a new misdemeanor, gross misdemeanor, or felony, the offender shall be held in total confinement pending a sanction hearing, and until the earlier of: The date the sanction expires; the date a prosecuting attorney files new charges against the offender; or the date a prosecuting attorney provides the department with written notice that new charges will not be filed for the violation behavior. The following underlying offenses apply to the restrictions in this subsection:
(a) Assault in the first degree, as defined in RCW 9A.36.011;
(b) Assault of a child in the first degree, as defined in RCW 9A.36.120;
(c) Assault of a child in the second degree, as defined in RCW 9A.36.130;
(d) Burglary in the first degree, as defined in RCW 9A.52.020;
(e) Child molestation in the first degree, as defined in RCW 9A.44.083;
(f) Commercial sexual abuse of a minor, as defined in RCW 9.68A.100;
(g) Dealing in depictions of a minor engaged in sexually explicit conduct, as defined in RCW 9.68A.050;
(h) Homicide by abuse, as defined in RCW 9A.32.055;
(i) Indecent liberties with forcible compulsion, as defined in RCW 9A.44.100(1)(a);
(j) Indecent liberties with a person capable of consent, as defined in RCW 9A.44.100(1)(b);
(k) Kidnapping in the first degree, as defined in RCW 9A.40.020;
(l) Murder in the first degree, as defined in RCW 9A.32.030;
(m) Murder in the second degree, as defined in RCW 9A.32.050;
(n) Promoting commercial sexual abuse of a minor, as defined in RCW 9.68A.101;
(o) Rape in the first degree, as defined in RCW 9A.44.040;
(p) Rape in the second degree, as defined in RCW 9A.44.050;
(q) Rape of a child in the first degree, as defined in RCW 9A.44.073;
(r) Rape of a child in the second degree, as defined in RCW 9A.44.076;
(s) Robbery in the first degree, as defined in RCW 9A.56.200;
(t) Sexual exploitation of a minor, as defined in RCW 9.68A.040; or
(u) Vehicular homicide while under the influence of intoxicating liquor or any drug, as defined in RCW 46.61.520(1)(a).
(6) The department shall adopt rules creating hearing procedures for high level violations. The hearings are offender disciplinary proceedings and are not subject to chapter 34.05 RCW. The procedures shall include the following:
(a) The department shall provide the offender with written notice of the alleged violation and the evidence supporting it. The notice must include a statement of the rights specified in this subsection, and the offender's right to file a personal restraint petition under court rules after the final decision;
(b) Unless the offender waives the right to a hearing, the department shall hold a hearing, and shall record it electronically. For offenders not in total confinement, the department shall hold a hearing within fifteen business days, but not less than twenty-four hours, after written notice of the alleged violation. For offenders in total confinement, the department shall hold a hearing within five business days, but not less than twenty-four hours, after written notice of the alleged violation;
(c) The offender shall have the right to: (i) Be present at the hearing; (ii) have the assistance of a person qualified to assist the offender in the hearing, appointed by the hearing officer if the offender has a language or communications barrier; (iii) testify or remain silent; (iv) call witnesses and present documentary evidence; (v) question witnesses who appear and testify; and (vi) receive a written summary of the reasons for the hearing officer's decision; and
(d) The sanction shall take effect if affirmed by the hearing officer. The offender may appeal the sanction to a panel of three reviewing officers designated by the secretary or by the secretary's designee. The offender's appeal must be in writing and hand-delivered to department staff, or postmarked, within seven days after the sanction was imposed. The appeals panel shall affirm, reverse, modify, vacate, or remand based on its findings. If a majority of the panel finds that the sanction was not reasonably related to any of the following: (i) The crime of conviction; (ii) the violation committed; (iii) the offender's risk of reoffending; or (iv) the safety of the community, then the panel will reverse, vacate, remand, or modify the sanction.
(7) For purposes of this section, the hearings officer may not rely on unconfirmed or unconfirmable allegations to find that the offender violated a condition.
(8) Hearing officers shall report through a chain of command separate from that of community corrections officers.
[ 2020 c 82 s 1; 2012 1st sp.s. c 6 s 7; 2008 c 231 s 20; (2009 c 375 s 13 expired August 1, 2009); 2007 c 483 s 305; 2005 c 435 s 3; 2002 c 175 s 15; 1999 c 196 s 8; 1996 c 275 s 3; 1988 c 153 s 4. Formerly RCW 9.94A.205.]
Notes:
Retroactive application—2020 c 82 ss 1-3: "Sections 1 through 3 of this act apply retroactively and prospectively regardless of the date of an offender's underlying crime." [ 2020 c 82 s 6.]
Appropriation—Report—2020 c 82: "(1) Subject to the availability of amounts appropriated for this specific purpose, the department of corrections shall contract with an independent third party to provide a comprehensive review of the community corrections staffing model and develop an updated staffing model for use by the department of corrections. The updated model must include additional time and flexibility for community corrections officers to focus on case management, engagement, and interventions.
(2) The department of corrections shall submit a report, including a summary of the review and update, to the governor and appropriate committees of the legislature by July 1, 2021." [ 2020 c 82 s 5.]
Effective date—2012 1st sp.s. c 6 ss 1, 3 through 9, and 11 through 14: See note following RCW 9.94A.631.
Application—2012 1st sp.s. c 6: See note following RCW 9.94A.631.
Expiration date—2009 c 375 ss 1, 3, and 13: See note following RCW 9.94A.501.
Application—2009 c 375: See note following RCW 9.94A.501.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Findings—2007 c 483: See RCW 72.78.005.
Finding—Intent—2005 c 435: "The legislature believes that electronic monitoring, as an alternative to incarceration, is a proper and cost-effective method of punishment and supervision for many criminal offenders. The legislature further finds that advancements in electronic monitoring technology have made the technology more common and acceptable to criminal justice system personnel, policymakers, and the general public.
In an effort to reduce prison and jail populations, many states are increasing their utilization of electronic monitoring. However, Washington state's use of electronic monitoring has been relatively stagnate.
The intent of this act is to determine what electronic monitoring policies and programs have been implemented in the other forty-nine states, in order that Washington state can learn from the other states' experiences." [ 2005 c 435 s 1.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Construction—Short title—1999 c 196: See RCW 72.09.904 and 72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Finding—1996 c 275: See note following RCW 9.94A.505.
Application—1996 c 275 ss 1-5: See note following RCW 9.94A.505.
Effective date—Application of increased sanctions—1988 c 153: See notes following RCW 9.94A.030.

catchline: Community custody—Violations—Disciplinary proceedings—Structured violation process—Sanctions.


title: RCW 9.94A.740

text:
(1) When an offender is arrested pursuant to RCW 9.94A.631 or 9.94A.716, the department shall compensate the local jurisdiction at the office of financial management's adjudicated rate, in accordance with RCW 70.48.440, until the department releases its detainer.
(2) Inmates, as defined in RCW 72.09.015, who have been transferred to community custody and who are detained in a local correctional facility are the financial responsibility of the department of corrections, except as provided in subsection (3) of this section.
(3) For confinement sanctions imposed by the department under RCW 9.94A.670, the local correctional facility shall be financially responsible.
(4) The department, in consultation with the Washington association of sheriffs and police chiefs and those counties in which the sheriff does not operate a correctional facility, shall establish a methodology for determining the department's local correctional facilities bed utilization rate, for each county in calendar year 1998, for offenders being held for violations of conditions of community custody.
(5) Except as provided in subsections (1) and (2) of this section, the local correctional facility shall continue to be financially responsible to the extent of the calendar year 1998 bed utilization rate for confinement sanctions imposed by the department pursuant to RCW 9.94A.737. If the department's use of bed space in local correctional facilities of any county for such confinement sanctions exceeds the 1998 bed utilization rate for the county, the department shall compensate the county for the excess use at the per diem rate equal to the lowest rate charged by the county under its contract with a municipal government during the year in which the use occurs.
[ 2012 1st sp.s. c 6 s 8; 2008 c 231 s 22; 1999 c 196 s 9; 1996 c 275 s 4; 1988 c 153 s 5. Formerly RCW 9.94A.207.]
Notes:
Effective date—2012 1st sp.s. c 6 ss 1, 3 through 9, and 11 through 14: See note following RCW 9.94A.631.
Application—2012 1st sp.s. c 6: See note following RCW 9.94A.631.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Construction—Short title—1999 c 196: See RCW 72.09.904 and 72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Finding—1996 c 275: See note following RCW 9.94A.505.
Application—1996 c 275 ss 1-5: See note following RCW 9.94A.505.
Effective date—Application of increased sanctions—1988 c 153: See notes following RCW 9.94A.030.

catchline: Community custody violators—Arrest, detention, financial responsibility.