title: RCW 9.94A.7608

text:
An order to withhold and deliver or any other income-withholding action authorized by this chapter may be served on the main office of a bank, savings and loan association, or credit union or on a branch office of the financial institution. Service on the main office shall be effective to attach the deposits of an offender in the financial institution and compensation payable for personal services due the offender from the financial institution. Service on a branch office shall be effective to attach the deposits, accounts, credits, or other personal property of the offender, excluding compensation payable for personal services, in the possession or control of the particular branch served.
Notwithstanding any other provision of RCW 9.94A.760 and 9.94A.7601 through 9.94A.761, if the department or county clerk initiates collection action against a joint bank account, with or without the right of survivorship, or any other funds which are subject to the community property laws of this state, notice shall be given to all affected parties that the account or funds are subject to potential withholding. Such notice shall be by first-class mail, return receipt required, or by personal service and be given at least twenty calendar days before withholding is made. Upon receipt of such notice, the nonobligated person shall have ten calendar days to file a petition with the department or the superior court contesting the withholding of his or her interest in the account or funds. The department or county clerk shall provide notice of the right of the filing of the petition with the notice provided in this paragraph. If the petition is not filed within the period provided for herein, the department or county clerk is authorized to proceed with the collection action.
[ 2011 c 106 s 7; 1991 c 93 s 9. Formerly RCW 9.94A.200040.]
Notes:
Finding—2011 c 106: See note following RCW 10.82.090.
Retroactive application—Captions not law—1991 c 93: See notes following RCW 9.94A.7601.

catchline: Legal financial obligations—Financial institutions—Service on main office or branch, effect—Collection actions against community bank account, court hearing.


doc_type: statute

jurisdiction: wa

title: RCW 9.94A.7609

text:
(1) The department or county clerk may issue a notice of debt in order to enforce and collect a court-ordered legal financial obligation debt through either a notice of payroll deduction or an order to withhold and deliver.
(2) The notice of debt may be personally served upon the offender or be mailed to the offender at his or her last known address by any form of mail requiring a return receipt, demanding payment within twenty days of the date of receipt.
(3) The notice of debt shall include:
(a) A statement of the total court-ordered legal financial obligation and the amount to be paid each month.
(b) A statement that earnings are subject to a notice of payroll deduction.
(c) A statement that earnings or property, or both, are subject to an order to withhold and deliver.
(d) A statement that the net proceeds will be applied to the satisfaction of the court-ordered legal financial obligation.
(4) Action to collect a court-ordered legal financial obligation by notice of payroll deduction or an order to withhold and deliver shall be lawful after twenty days from the date of service upon the offender or twenty days from the receipt or refusal by the offender of the notice of debt.
(5) The notice of debt will take effect only if the offender's monthly court-ordered legal financial obligation payment is not paid when due, and an amount equal to or greater than the amount payable for one month is owned [owed].
(6) The department or county clerk shall not be required to issue or serve the notice of debt in order to enforce and collect a court-ordered legal financial obligation debt through either a notice of payroll deduction or an order to withhold and deliver if either the offender's judgment and sentence or a subsequent order to pay includes a statement that income-withholding action under this chapter may be taken without further notice to the offender.
[ 2011 c 106 s 8; 1991 c 93 s 10. Formerly RCW 9.94A.200045.]
Notes:
Finding—2011 c 106: See note following RCW 10.82.090.
Retroactive application—Captions not law—1991 c 93: See notes following RCW 9.94A.7601.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Legal financial obligations—Notice of debt—Service or mailing—Contents—Action on, when.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 9.94A.761

text:
Whenever a notice of payroll deduction or order to withhold and deliver is served upon a person or entity asserting a court-ordered legal financial obligation debt against earnings and there is in the possession of the person or entity any of the earnings, RCW 6.27.150 shall not apply, but seventy-five percent of the disposable earnings shall be exempt and may be disbursed to the offender whether such earnings are paid, or to be paid weekly, monthly, or at other intervals and whether there is due the offender earnings for one week or for a longer period. The notice of payroll deduction or order to withhold and deliver shall continue to operate and require said person or entity to withhold the nonexempt portion of earnings, at each succeeding earnings disbursement interval until the entire amount of the court-ordered legal financial obligation debt has been withheld.
[ 1991 c 93 s 11. Formerly RCW 9.94A.200050.]
Notes:
Retroactive application—Captions not law—1991 c 93: See notes following RCW 9.94A.7601.

catchline: Legal financial obligations—Exemption from notice of payroll deduction or order to withhold and deliver.


title: RCW 9.94A.7701

text:
A petition or motion seeking a mandatory wage assignment in a criminal action may be filed by the department or any obligee if the offender is more than thirty days past due in monthly payments in an amount equal to or greater than the amount payable for one month. The petition or motion shall include a sworn statement by the secretary or designee, or if filed solely by an obligee, by such obligee, stating the facts authorizing the issuance of the wage assignment order, including: (1) That the offender, stating his or her name and last known residence, is more than thirty days past due in payments in an amount equal to or greater than the amount payable for one month; (2) a description of the terms of the judgment and sentence and/or payment order requiring payment of a court-ordered legal financial obligation, the total amount remaining unpaid, and the amount past due; (3) the name and address of the offender's employer; (4) that notice by personal service, or any form of mail requiring a return receipt, has been provided to the offender at least fifteen days prior to the filing of a mandatory wage assignment, unless the judgment and sentence or the order for payment states that the department or obligee may seek a mandatory wage assignment without notice to the defendant. A copy of the judgment and sentence or payment order shall be attached to the petition or motion seeking the wage assignment.
[ 1989 c 252 s 9. Formerly RCW 9.94A.2001.]
Notes:
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.

catchline: Legal financial obligations—Wage assignments—Petition or motion.


title: RCW 9.94A.7702

text:
Upon receipt of a petition or motion seeking a mandatory wage assignment that complies with RCW 9.94A.7701, the court shall issue a wage assignment order as provided in RCW 9.94A.7704 and including the information required in RCW 9.94A.7701, directed to the employer, and commanding the employer to answer the order on the forms served with the order that comply with RCW 9.94A.7706 within twenty days after service of the order upon the employer.
[ 1989 c 252 s 10. Formerly RCW 9.94A.2002.]
Notes:
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.

catchline: Legal financial obligations—Wage assignments—Answer.


title: RCW 9.94A.7703

text:
(1) The wage assignment order in RCW 9.94A.7702 shall include: (a) The maximum amount or current amount owed on a court-ordered legal financial obligation, if any, to be withheld from the defendant's earnings each month, or from each earnings disbursement; and (b) the total amount of the arrearage or reimbursement judgment previously entered by the court, if any, together with interest, if any.
(2) The total amount to be withheld from the defendant's earnings each month, or from each earnings disbursement, shall not exceed twenty-five percent of the disposable earnings of the defendant. If the amounts to be paid toward the arrearage are specified in the payment order, then the maximum amount to be withheld is the sum of the current amount owed and the amount ordered to be paid toward the arrearage, or twenty-five percent of the disposable earnings of the defendant, whichever is less.
(3) If the defendant is subject to two or more attachments for payment of a court-ordered legal financial obligation on account of different obligees, the employer shall, if the nonexempt portion of the defendant's earnings is not sufficient to respond fully to all the attachments, apportion the defendant's nonexempt disposable earnings between or among the various obligees equally. Any obligee may seek a court order reapportioning the defendant's nonexempt disposable earnings upon notice to all interested parties. Notice shall be by personal service, or in the manner provided by the civil rules of superior court or applicable statute.
[ 1989 c 252 s 11. Formerly RCW 9.94A.2003.]
Notes:
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.

catchline: Legal financial obligations—Wage assignments—Amounts to be withheld.


title: RCW 9.94A.7704

text:
The department shall develop a form and adopt rules for the wage assignment order.
[ 1989 c 252 s 12. Formerly RCW 9.94A.2004.]
Notes:
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.

catchline: Legal financial obligations—Wage assignments—Rules.


title: RCW 9.94A.7705

text:
(1) An employer upon whom service of a wage assignment order has been made shall answer the order by sworn affidavit within twenty days after the date of service. The answer shall state whether the offender is employed by or receives earnings from the employer, whether the employer will honor the wage assignment order, and whether there are multiple attachments against the offender.
(2) If the employer possesses any earnings due and owing to the offender, the earnings subject to the wage assignment order shall be withheld immediately upon receipt of the wage assignment order. The employer shall deliver the withheld earnings to the clerk of the court pursuant to the wage assignment order. The employer shall make the first delivery no sooner than twenty days after receipt of the wage assignment order.
(3) The employer shall continue to withhold the ordered amounts from nonexempt earnings of the offender until notified that the wage assignment has been modified or terminated. The employer shall promptly notify the clerk of the court who entered the order when the employee is no longer employed.
(4) The employer may deduct a processing fee from the remainder of the employee's earnings after withholding under the wage assignment order, even if the remainder is exempt under RCW 9.94A.7703. The processing fee may not exceed: (a) Ten dollars for the first disbursement made by the employer to the clerk of the court; and (b) one dollar for each subsequent disbursement made under the wage assignment order.
(5) An employer who fails to withhold earnings as required by a wage assignment order issued under this chapter may be held liable for the amounts disbursed to the offender in violation of the wage assignment order, and may be found by the court to be in contempt of court and may be punished as provided by law.
(6) No employer who complies with a wage assignment order issued under this chapter may be liable to the employee for wrongful withholding.
(7) No employer may discharge, discipline, or refuse to hire an employee because of the entry or service of a wage assignment order issued and executed under this chapter. A person who violates this subsection may be found by the court to be in contempt of court and may be punished as provided by law.
(8) An employer shall deliver a copy of the wage assignment order to the obligor as soon as is reasonably possible.
[ 1989 c 252 s 13. Formerly RCW 9.94A.2005.]
Notes:
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.

catchline: Legal financial obligations—Wage assignments—Employer responsibilities.


title: RCW 9.94A.7706

text:
The department shall develop a form and adopt rules for the wage assignment answer, and instructions for employers for preparing such answer.
[ 1989 c 252 s 14. Formerly RCW 9.94A.2006.]
Notes:
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.

catchline: Legal financial obligations—Wage assignments—Form and rules.


title: RCW 9.94A.7707

text:
(1) Service of the wage assignment order on the employer is invalid unless it is served with five answer forms in substantial conformance with RCW 9.94A.7706, together with stamped envelopes addressed to, respectively, the clerk of the court where the order was issued, the obligee's attorney, the petitioner, the department, and the obligor. The petitioner shall also include an extra copy of the wage assignment order for the employer to deliver to the obligor. Service on the employer shall be in person or by any form of mail requiring a return receipt.
(2) On or before the date of service of the wage assignment order on the employer, the petitioner shall mail or cause to be mailed by certified mail a copy of the wage assignment order to the obligor at the obligor's last known post office address; or, in the alternative, a copy of the wage assignment order shall be served on the obligor in the same manner as a summons in a civil action on, before, or within two days after the date of service of the order on the employer. This requirement is not jurisdictional, but if the copy is not mailed or served as this subsection provides, or if any irregularity appears with respect to the mailing of service, the superior court, in its discretion, may quash the wage assignment order, upon motion of the obligor promptly made and supported by an affidavit showing that the defendant has suffered substantial injury due to the failure to mail or serve the copy.
[ 1989 c 252 s 15. Formerly RCW 9.94A.2007.]
Notes:
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.

catchline: Legal financial obligations—Wage assignments—Service.


title: RCW 9.94A.7708

text:
In a hearing to quash, modify, or terminate the wage assignment order, the court may grant relief only upon a showing that the wage assignment order causes extreme hardship or substantial injustice. Satisfactions by the defendant of all past-due payments subsequent to the issuance of the wage assignment order is not grounds to quash, modify, or terminate the wage assignment order. If a wage assignment order has been in operation for twelve consecutive months and the obligor's payment towards a court-ordered legal financial obligation is current, the court may terminate the order upon motion of the obligor unless the obligee or the department can show good cause as to why the wage assignment order should remain in effect. The department shall notify the employer of any modification or termination of the wage assignment order.
[ 1989 c 252 s 16. Formerly RCW 9.94A.2008.]
Notes:
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.

catchline: Legal financial obligations—Wage assignments—Hearing—Scope of relief.


title: RCW 9.94A.7709

text:
In any action to enforce legal financial obligations under this chapter, the prevailing party is entitled to a recovery of costs, including an award for reasonable attorneys' fees. An obligor may not be considered a prevailing party under this section unless the obligee has acted in bad faith in connection with the proceeding in question.
[ 1989 c 252 s 17. Formerly RCW 9.94A.2009.]
Notes:
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.

catchline: Legal financial obligations—Wage assignments—Recovery of costs, attorneys' fees.


title: RCW 9.94A.772

text:
Notwithstanding any other provision of state law, monthly payment or starting dates set by the court, the county clerk, or the department before or after October 1, 2003, shall not be construed as a limitation on the due date or amount of legal financial obligations, which may be immediately collected by civil means and shall not be construed as a limitation for purposes of credit reporting. Monthly payments and commencement dates are to be construed to be applicable solely as a limitation upon the deprivation of an offender's liberty for nonpayment.
[ 2004 c 121 s 4; 2003 c 379 s 22.]
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—Monthly payment, starting dates—Construction.


title: RCW 9.94A.775

text:
If an offender with an unsatisfied legal financial obligation is not subject to supervision by the department for a term of community custody, or has not completed payment of all legal financial obligations included in the sentence at the expiration of his or her term of community custody, the department shall notify the administrative office of the courts of the termination of the offender's supervision and provide information to the administrative office of the courts to enable the county clerk to monitor payment of the remaining obligations. The county clerk is authorized to monitor payment after such notification. The secretary of corrections and the administrator for the courts shall enter into an interagency agreement to facilitate the electronic transfer of information about offenders, unpaid obligations, and payees to carry out the purposes of this section.
[ 2008 c 231 s 36; 2003 c 379 s 17.]
Notes:
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
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—Termination of supervision—Monitoring of payments.


title: RCW 9.94A.777

text:
(1) Before imposing any legal financial obligations upon a defendant who suffers from a mental health condition, other than restitution, a judge must first determine that the defendant, under the terms of this section, has the means to pay such additional sums.
(2) For the purposes of this section, a defendant suffers from a mental health condition when the defendant has been diagnosed with a mental disorder that prevents the defendant from participating in gainful employment, as evidenced by a determination of mental disability as the basis for the defendant's enrollment in a public assistance program, a record of involuntary hospitalization, or by competent expert evaluation.
[ 2022 c 260 s 24; 2010 c 280 s 6.]
Notes:
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.

catchline: Legal financial obligations—Defendants with mental health conditions.


title: RCW 9.94A.810

text:
Within the funds available for this purpose, the department shall develop and monitor transition and relapse prevention strategies, including risk assessment and release plans, to reduce risk to the community after sex offenders' terms of confinement in the custody of the department.
[ 2000 c 28 s 35.]
Notes:
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.

catchline: Transition and relapse prevention strategies.


title: RCW 9.94A.820

text:
(1) Sex offender examinations and treatment ordered as a special condition of community custody under this chapter shall be conducted only by certified sex offender treatment providers or certified affiliate sex offender treatment providers under chapter 18.155 RCW unless the court or the department finds that: (a) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (b) the treatment provider is employed by the department; or (c)(i) no certified sex offender treatment providers or certified affiliate sex offender treatment providers are available to provide treatment within a reasonable geographic distance of the offender's home, as determined in rules adopted by the secretary; and (ii) the evaluation and treatment plan comply with the rules adopted by the department of health. A treatment provider selected by an offender under (c) of this subsection, who is not certified by the department of health shall consult with a certified sex offender treatment provider during the offender's period of treatment to ensure compliance with the rules adopted by the department of health. The frequency and content of the consultation shall be based on the recommendation of the certified sex offender treatment provider.
(2) A sex offender's failure to participate in treatment required as a condition of community custody is a violation that will not be excused on the basis that no treatment provider was located within a reasonable geographic distance of the offender's home.
[ 2008 c 231 s 38; 2004 c 38 s 10; 2000 c 28 s 36.]
Notes:
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2004 c 38: See note following RCW 18.155.075.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.

catchline: Sex offender treatment in the community.


title: RCW 9.94A.825

text:
In a criminal case wherein there has been a special allegation and evidence establishing that the accused or an accomplice was armed with a deadly weapon at the time of the commission of the crime, the court shall make a finding of fact of whether or not the accused or an accomplice was armed with a deadly weapon at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it find[s] the defendant guilty, also find a special verdict as to whether or not the defendant or an accomplice was armed with a deadly weapon at the time of the commission of the crime.
For purposes of this section, a deadly weapon is an implement or instrument which has the capacity to inflict death and from the manner in which it is used, is likely to produce or may easily and readily produce death. The following instruments are included in the term deadly weapon: Blackjack, sling shot, billy, sand club, sandbag, metal knuckles, any dirk, dagger, pistol, revolver, or any other firearm, any knife having a blade longer than three inches, any razor with an unguarded blade, any metal pipe or bar used or intended to be used as a club, any explosive, and any weapon containing poisonous or injurious gas.
[ 1983 c 163 s 3. Formerly RCW 9.94A.602, 9.94A.125.]
Notes:
Effective date—1983 c 163: See note following RCW 9.94A.505.

catchline: Deadly weapon special verdict—Definition.


title: RCW 9.94A.827

text:
In a criminal case where:
(1) The defendant has been convicted of (a) manufacture of a controlled substance under RCW 69.50.401 relating to manufacture of methamphetamine; or (b) possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine, as defined in RCW 69.50.440; and
(2) There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant committed the crime when a person under the age of eighteen was present in or upon the premises of manufacture;
the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to the special allegation.
[ 2003 c 53 s 60; 2002 c 134 s 3; 2000 c 132 s 1. Formerly RCW 9.94A.605, 9.94A.128.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—2002 c 134: See note following RCW 69.50.440.

catchline: Methamphetamine—Manufacturing with child on premises—Special allegation.


title: RCW 9.94A.828

text:
The court shall make a finding of fact of the special allegation or, if a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to the special allegation, in a criminal case where:
(1) The defendant has been convicted of trafficking in catalytic converters in the first degree; and
(2) There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant knowingly (a) trafficked seven or more catalytic converters that were removed from a motor vehicle without fulfilling the requirements under chapter 46.79 or 46.80 RCW for lawful transfer; or (b) purchased a catalytic converter that has been removed from a motor vehicle without possessing a valid scrap processor license under chapter 46.79 RCW or vehicle wrecker license under chapter 46.80 RCW, for the purpose of selling, transferring, or exchanging them online.
[ 2024 c 301 s 25.]
Notes:
Effective date—Findings—Intent—2024 c 301: See notes following RCW 9A.82.180.

catchline: Special allegation—Trafficking in catalytic converters.


title: RCW 9.94A.829

text:
In a criminal case in which the defendant has been convicted of unlawful possession of a firearm under RCW 9.41.040, and there has been a special allegation pleaded and proven by a preponderance of the evidence that the accused is a criminal street gang member or associate as defined in RCW 9.94A.030, the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not the accused was a criminal street gang member or associate during the commission of the crime.
[ 2009 c 28 s 16.]
Notes:
Effective date—2009 c 28: See note following RCW 2.24.040.

catchline: Special allegation—Offense committed by criminal street gang member or associate—Procedures.


title: RCW 9.94A.831

text:
In a criminal case where:
(1) The defendant has been convicted of assaulting a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault as provided under RCW 9A.36.031; and
(2) There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant intentionally committed the assault with what appears to be a firearm;
the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to the special allegation.
[ 2009 c 141 s 1.]

catchline: Special allegation—Assault of law enforcement personnel with a firearm—Procedures.


title: RCW 9.94A.832

text:
In a criminal case where:
(1) The defendant has been convicted of robbery in the first degree or robbery in the second degree; and
(2) There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant committed a robbery of a pharmacy as defined in *RCW 18.64.011(21);
the court shall make a finding of fact of the special allegation, or if a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to the special allegation.
[ 2013 c 270 s 1.]
Notes:
*Reviser's note: RCW 18.64.011 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (21) to subsection (26). Subsequently, RCW 18.64.011 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (26) to subsection (29).

catchline: Special allegation—Robbery in the first or second degree—Robbery of a pharmacy—Procedures.


title: RCW 9.94A.833

text:
(1) In a prosecution of a criminal street gang-related felony offense, the prosecution may file a special allegation that the felony offense involved the compensation, threatening, or solicitation of a minor in order to involve that minor in the commission of the felony offense, as described under RCW 9.94A.533(10)(a).
(2) The state has the burden of proving a special allegation made under this section beyond a reasonable doubt. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the criminal street gang-related felony offense involved the compensation, threatening, or solicitation of a minor in order to involve that minor in the commission of the felony offense. If no jury is had, the court shall make a finding of fact as to whether the criminal street gang-related felony offense involved the compensation, threatening, or solicitation of a minor in order to involve that minor in the commission of the felony offense.
[ 2008 c 276 s 302.]
Notes:
Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200.

catchline: Special allegation—Involving minor in felony offense—Procedures.


title: RCW 9.94A.834

text:
(1) The prosecuting attorney may file a special allegation of endangerment by eluding in every criminal case involving a charge of attempting to elude a police vehicle under RCW 46.61.024, when sufficient admissible evidence exists, to show that one or more persons other than the defendant or the pursuing law enforcement officer were threatened with physical injury or harm by the actions of the person committing the crime of attempting to elude a police vehicle.
(2) In a criminal case in which there has been a special allegation, the state shall prove beyond a reasonable doubt that the accused committed the crime while endangering one or more persons other than the defendant or the pursuing law enforcement officer. The court shall make a finding of fact of whether or not one or more persons other than the defendant or the pursuing law enforcement officer were endangered at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not one or more persons other than the defendant or the pursuing law enforcement officer were endangered during the commission of the crime.
[ 2008 c 219 s 2.]
Notes:
Short title—2008 c 219: "This act may be known and cited as the Guillermo "Bobby" Aguilar and Edgar F. Trevino-Mendoza public safety act of 2008." [ 2008 c 219 s 1.]

catchline: Special allegation—Endangerment by eluding a police vehicle—Procedures.


title: RCW 9.94A.835

text:
(1) The prosecuting attorney shall file a special allegation of sexual motivation in every criminal case, felony, gross misdemeanor, or misdemeanor, other than sex offenses as defined in RCW 9.94A.030 when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact finder.
(2) In a criminal case wherein there has been a special allegation the state shall prove beyond a reasonable doubt that the accused committed the crime with a sexual motivation. The court shall make a finding of fact of whether or not a sexual motivation was present at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not the defendant committed the crime with a sexual motivation. This finding shall not be applied to sex offenses as defined in RCW 9.94A.030.
(3) The prosecuting attorney shall not withdraw the special allegation of sexual motivation without approval of the court through an order of dismissal of the special allegation. The court shall not dismiss this special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful.
[ 2009 c 28 s 15; 2006 c 123 s 2; 1999 c 143 s 11; 1990 c 3 s 601. Formerly RCW 9.94A.127.]
Notes:
Effective date—2009 c 28: See note following RCW 2.24.040.
Effective date—2006 c 123: See note following RCW 9.94A.533.
Effective date—Application—1990 c 3 ss 601-605: "(1) Sections 601 through 605 of this act, for purposes of sentencing adult or juvenile offenders, shall take effect July 1, 1990, and shall apply to crimes or offenses committed on or after July 1, 1990.
(2) For purposes of defining a "sexually violent offense" pursuant to section 1002(4) of this act, sections 601 through 605 of this act shall take effect July 1, 1990, and shall apply to crimes committed on, before, or after July 1, 1990." [ 1990 c 3 s 606.]


title: RCW 9.94A.836

text:
(1) In a prosecution for rape of a child in the first degree, rape of a child in the second degree, or child molestation in the first degree, the prosecuting attorney shall file a special allegation that the offense was predatory whenever sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding by a reasonable and objective fact finder that the offense was predatory, unless the prosecuting attorney determines, after consulting with a victim, that filing a special allegation under this section is likely to interfere with the ability to obtain a conviction.
(2) Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the offense was predatory. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the offense was predatory. If no jury is had, the court shall make a finding of fact as to whether the offense was predatory.
(3) The prosecuting attorney shall not withdraw a special allegation filed under this section without the approval of the court through an order of dismissal of the allegation. The court may not dismiss the special allegation unless it finds that the order is necessary to correct an error in the initial charging decision or that there are evidentiary problems that make proving the special allegation doubtful.
[ 2006 c 122 s 1.]
Notes:
Effective date—2006 c 122 ss 1-4 and 6: "Sections 1 through 4 and 6 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 immediately [March 20, 2006]." [ 2006 c 122 s 10.]

catchline: Special allegation—Offense was predatory—Procedures.


title: RCW 9.94A.837

text:
(1) In a prosecution for rape in the first degree, rape in the second degree, indecent liberties by forcible compulsion, or kidnapping in the first degree with sexual motivation, the prosecuting attorney shall file a special allegation that the victim of the offense was under fifteen years of age at the time of the offense whenever sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding by a reasonable and objective fact finder that the victim was under fifteen years of age at the time of the offense, unless the prosecuting attorney determines, after consulting with a victim, that filing a special allegation under this section is likely to interfere with the ability to obtain a conviction.
(2) Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the victim was under fifteen years of age at the time of the offense. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the victim was under the age of fifteen at the time of the offense. If no jury is had, the court shall make a finding of fact as to whether the victim was under the age of fifteen at the time of the offense.
(3) The prosecuting attorney shall not withdraw a special allegation filed under this section without the approval of the court through an order of dismissal of the allegation. The court may not dismiss the special allegation unless it finds that the order is necessary to correct an error in the initial charging decision or that there are evidentiary problems that make proving the special allegation doubtful.
[ 2006 c 122 s 2.]
Notes:
Effective date—2006 c 122 ss 1-4 and 6: See note following RCW 9.94A.836.

catchline: Special allegation—Victim was under fifteen years of age—Procedures.


title: RCW 9.94A.838

text:
(1) In a prosecution for rape in the first degree, rape in the second degree with forcible compulsion, indecent liberties with forcible compulsion, or kidnapping in the first degree with sexual motivation, the prosecuting attorney shall file a special allegation that the victim of the offense was, at the time of the offense, a person with a developmental disability or a mental disorder or a frail elder or vulnerable adult, whenever sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding by a reasonable and objective fact finder that the victim was, at the time of the offense, a person with a developmental disability or a mental disorder or a frail elder or vulnerable adult, unless the prosecuting attorney determines, after consulting with a victim, that filing a special allegation under this section is likely to interfere with the ability to obtain a conviction.
(2) Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the victim was, at the time of the offense, a person with a developmental disability or a mental disorder or a frail elder or vulnerable adult. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the victim was, at the time of the offense, a person with a developmental disability or a mental disorder or a frail elder or vulnerable adult. If no jury is had, the court shall make a finding of fact as to whether the victim was, at the time of the offense, a person with a developmental disability or a mental disorder or a frail elder or vulnerable adult.
(3) The prosecuting attorney shall not withdraw a special allegation filed under this section without the approval of the court through an order of dismissal of the allegation. The court may not dismiss the special allegation unless it finds that the order is necessary to correct an error in the initial charging decision or that there are evidentiary problems that make proving the special allegation doubtful.
(4) For purposes of this section, "person with a developmental disability," "person with a mental disorder," and "frail elder or vulnerable adult" have the same meaning as in RCW 9A.44.010.
[ 2023 c 470 s 3010; 2006 c 122 s 3.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective date—2006 c 122 ss 1-4 and 6: See note following RCW 9.94A.836.

catchline: Special allegation—Victim had diminished capacity—Procedures.


title: RCW 9.94A.839

text:
(1) In a prosecution for a violation of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, or an anticipatory offense for a violation of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, committed on or after July 22, 2007, the prosecuting attorney may file a special allegation that the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in return for a fee, when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding by a reasonable and objective fact finder that the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in return for a fee.
(2) Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in return for a fee. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in exchange for a fee. If no jury is had, the court shall make a finding of fact as to whether the defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage the victim in the sexual conduct in exchange for a fee.
(3) For purposes of this section, "sexual conduct" means sexual intercourse or sexual contact as defined in chapter 9A.44 RCW.
[ 2007 c 368 s 10.]

catchline: Special allegation—Sexual conduct with victim in return for a fee—Procedures.


title: RCW 9.94A.840

text:
(1)(a) When it appears that a person who has been convicted of a sexually violent offense may meet the criteria of a sexually violent predator as defined in RCW 71.09.020, the agency with jurisdiction over the person shall refer the person in writing to the prosecuting attorney of the county where that person was convicted, three months prior to the anticipated release from total confinement.
(b) The agency shall inform the prosecutor of the following:
(i) The person's name, identifying factors, anticipated future residence, and offense history; and
(ii) Documentation of institutional adjustment and any treatment received.
(2) This section applies to acts committed before, on, or after March 26, 1992.
(3) The agency with jurisdiction, its employees, and officials shall be immune from liability for any good-faith conduct under this section.
(4) As used in this section, "agency with jurisdiction" means that agency with the authority to direct the release of a person serving a sentence or term of confinement and includes the department of corrections, the indeterminate sentence review board, and the department of social and health services.
[ 2025 c 58 s 2002; 1992 c 45 s 1; 1990 c 3 s 122. Formerly RCW 9.94A.151.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Severability—1992 c 45: "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." [ 1992 c 45 s 8.]
Application—1992 c 45: "This act applies to sex offenses committed on, before, or after March 26, 1992." [ 1992 c 45 s 10.]

catchline: Sex offenders—Release from total confinement—Notification of prosecutor.


title: RCW 9.94A.843

text:
The department, its employees, and officials, shall be immune from liability for release of information regarding sex offenders that complies with RCW 4.24.550.
[ 1990 c 3 s 123. Formerly RCW 9.94A.152.]

catchline: Sex offenders—Release of information—Immunity.


title: RCW 9.94A.844

text:
Law enforcement agencies and the department of corrections are immune from civil liability for damages from discretionary decisions made under chapter 436, Laws of 2005 if they make a good faith effort to comply with chapter 436, Laws of 2005.
[ 2005 c 436 s 5.]
Notes:
Reviser's note: 2005 c 436 s 6 (an expiration date section) was repealed by 2006 c 131 s 2.


title: RCW 9.94A.8445

text:
(1) Sections 1 through 3 and 5 of chapter 436, Laws of 2005, supersede and preempt all rules, regulations, codes, statutes, or ordinances of all cities, counties, municipalities, and local agencies regarding the same subject matter. The state preemption created in this section applies to all rules, regulations, codes, statutes, and ordinances pertaining to residency restrictions for persons convicted of any sex offense at any time.
(2) This section does not apply to rules, regulations, codes, statutes, or ordinances adopted by cities, counties, municipalities, or local agencies prior to March 1, 2006, except as required by an order issued by a court of competent jurisdiction pursuant to litigation regarding the rules, regulations, codes, statutes, or ordinances.
[ 2006 c 131 s 1.]
Notes:
Contingent expiration date—2006 c 131 s 1: "(1) If the association of Washington cities submits consensus statewide standards to the governor and the legislature on or before December 31, 2007, section 1 of this act expires July 1, 2008, and may only be revived by an affirmative act of the legislature through duly enacted legislation.
(2) If the association of Washington cities does not submit consensus statewide standards to the governor and legislature on or before December 31, 2007, section 1 of this act does not expire." [ 2006 c 131 s 4.]
Reviser's note: No consensus statewide standards on sex offender residency restrictions were delivered to the governor on or before December 31, 2007.
Residency restrictions on sex offenders—Statewide standards—2006 c 131: "(1) The association of Washington cities, working with the cities and towns of Washington state, shall develop statewide standards for cities and towns to use when determining whether to impose residency restrictions on sex offenders within their jurisdiction.
(2) The association of Washington cities shall work in consultation with a representative from each of the following agencies and organizations:
(a) The attorney general of Washington;
(b) The Washington state association of counties;
(c) The department of corrections;
(d) The Washington state coalition of sexual assault programs;
(e) The Washington association of sheriffs and police chiefs; and
(f) Any other agencies and organizations as deemed appropriate by the association of Washington cities, such as the Washington association of prosecuting attorneys, the juvenile rehabilitation administration of the department of social and health services, the indeterminate sentence review board, the Washington association for the treatment of sexual abusers, and the *department of community, trade, and economic development.
(3) The statewide standards for whether to impose residency restrictions on sex offenders should consider the following elements:
(a) An identification of areas in which sex offenders should not reside due to concerns regarding public safety and welfare;
(b) An identification of areas in which sex offenders may reside, taking into consideration factors such as:
(i) How many housing units must reasonably be available in order to accommodate registered sex offenders in a city or town;
(ii) The average response time of emergency services to the areas;
(iii) The proximity of risk potential activities to the areas; and
(iv) The proximity of medical care, mental health care providers, and sex offender treatment providers to the areas;
(c) A prohibition against completely precluding sex offender residences within a city or town, implicating a sex offender's right to travel, or enacting a criminal regulatory measure;
(d) Appropriate civil remedies for violations of a local ordinance; and
(e) Unique local conditions that should be given due deference, such as proximity to state facilities that house or treat sex offenders.
(4) The association of Washington cities, on behalf of the cities and towns in Washington, shall present consensus statewide standards, along with any consensus recommendations and proposed legislation, to the governor and the legislature no later than December 31, 2007. The standards and any recommendations or proposed legislation must reflect a consensus among the association of Washington cities and the entities in subsection (2)(a) through (e) of this section. These entities must participate in good faith in activities carried out under this section with a goal of achieving consensus standards." [ 2006 c 131 s 3.]
*Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.

catchline: Community protection zones—Preemption of local regulations—Retrospective application.


title: RCW 9.94A.846

text:
In addition to any other information required to be released under other provisions of this chapter, the department may, pursuant to RCW 4.24.550, release information concerning convicted sex offenders confined to the department of corrections.
[ 1990 c 3 s 124. Formerly RCW 9.94A.153.]
Notes:

catchline: Sex offenders—Release of information.


title: RCW 9.94A.860

text:
(1) The sentencing guidelines commission is hereby created, located within the office of financial management. Except as provided in RCW 9.94A.875, the commission shall serve to advise the governor and the legislature as necessary on issues relating to adult and juvenile sentencing. The commission may meet, as necessary, to accomplish these purposes within funds appropriated.
(2) The commission consists of 25 voting members, one of whom the governor shall designate as chair. With the exception of ex officio voting members, the voting members of the commission shall be appointed by the governor, or his or her designee, subject to confirmation by the senate.
(3) The voting membership consists of the following:
(a) The head of the state agency having general responsibility for adult correction programs, as an ex officio member;
(b) The director of financial management or designee, as an ex officio member;
(c) The chair of the indeterminate sentence review board, as an ex officio member;
(d) The head of the state agency, or the agency head's designee, having responsibility for juvenile corrections programs, as an ex officio member;
(e) Two prosecuting attorneys;
(f) Two attorneys with particular expertise in defense work;
(g) Four persons who are superior court judges;
(h) One person who is the chief law enforcement officer of a county or city;
(i) Five members of the public who are not prosecutors, defense attorneys, judges, or law enforcement officers, one of whom is a victim of crime, one of whom is a victim of crime or a crime victims' advocate, and one of whom has been formerly incarcerated in the state correctional system;
(j) One person who is an elected official of a county government, other than a prosecuting attorney or sheriff;
(k) One person who is an elected official of a city government;
(l) One person who is an administrator of juvenile court services;
(m) The chair of the state supreme court minority and justice commission or designee, as an ex officio member;
(n) One person representing the interests of tribes;
(o) One behavioral health professional with experience working in the criminal justice system; and
(p) One person with knowledge of and expertise in academic research in the field of criminology or sociology.
In making the appointments, the governor shall endeavor to assure that the commission membership includes adequate representation and expertise relating to both the adult criminal justice system and the juvenile justice system. In making the appointments, the governor shall seek the recommendations of Washington prosecutors in respect to the prosecuting attorney members, of the Washington state bar association in respect to the defense attorney members, of the superior court judges' association in respect to the members who are judges, of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer, of the Washington state association of counties in respect to the member who is a county official, of the association of Washington cities in respect to the member who is a city official, of the office of crime victims advocacy and other organizations of crime victims in respect to the member who is a victim of crime or a crime victims' advocate, of the Washington association of juvenile court administrators in respect to the member who is an administrator of juvenile court services, and of the Washington state institute for public policy and the relevant departments of the Washington State University and University of Washington in respect to the member with knowledge of and expertise in academic research in the field of criminology or sociology.
(4)(a) Except as provided in (b) of this subsection, all voting members of the commission, except ex officio voting members, shall serve terms of three years and until their successors are appointed and confirmed.
(b) The governor shall stagger the initial terms of the members appointed under subsection (3)(n), (o), and (p) of this section by appointing one of them for a term of one year, one of them for a term of two years, and one of them for a term of three years.
(5) The speaker of the house of representatives and the president of the senate may each appoint two nonvoting members to the commission, one from each of the two largest caucuses in each house. The members so appointed shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first.
(6) The members of the commission may be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members may be reimbursed by their respective houses as provided under RCW 44.04.120. Except for the reimbursement of travel expenses, members shall not be compensated.
[ 2023 c 241 s 1; 2016 c 179 s 3; 2011 1st sp.s. c 40 s 36; 2001 2nd sp.s. c 12 s 311; 1996 c 232 s 3; 1993 c 11 s 1; 1988 c 157 s 2; 1984 c 287 s 10; 1981 c 137 s 6. Formerly RCW 9.94A.060.]
Notes:
Findings—Purpose—2016 c 179: See note following RCW 2.16.010.
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Effective dates—1996 c 232: See note following RCW 13.40.030.
Effective date—1993 c 11: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 12, 1993]." [ 1993 c 11 s 2.]
Application—1988 c 157: See note following RCW 9.94A.030.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.

catchline: Sentencing guidelines commission—Membership—Appointments—Terms of office—Expenses and compensation.


title: RCW 9.94A.865

text:
Revisions or modifications of standard sentence ranges or other standards, together with any additional list of standard sentence ranges, shall be submitted to the legislature at least every two years.
[ 1986 c 257 s 19; 1981 c 137 s 7. Formerly RCW 9.94A.070.]
Notes:
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 ss 17-35: See note following RCW 9.94A.030.

catchline: Standard sentence ranges—Revisions or modifications—Submission to legislature.


title: RCW 9.94A.8673

text:
(1) Within funds appropriated for this purpose, the sentencing guidelines commission shall establish and maintain a sex offender policy board.
(2)(a) The board shall serve to advise the governor and the legislature as necessary on issues relating to sex offender management.
(b) At such times as the governor or a legislative committee of jurisdiction may request, the sex offender policy board may be convened to:
(i) Undertake projects to assist policymakers in making informed judgments about issues relating to sex offender policy; and
(ii) Conduct case reviews of sex offense incidents to understand performance of Washington's sex offender prevention and response systems.
(3) The sex offender policy board shall consist of thirteen voting members. Unless the member is specifically named in this section, the following organizations shall designate a person to sit on the board. The voting membership shall consist of the following:
(a) A representative of the Washington association of sheriffs and police chiefs;
(b) A representative of the Washington association of prosecuting attorneys;
(c) A representative of the Washington association of criminal defense lawyers;
(d) The chair of the indeterminate sentence review board or his or her designee;
(e) A representative of the Washington association for the treatment of sex abusers;
(f) The secretary of the department of corrections or his or her designee;
(g) A representative of the Washington state superior court judges' association;
(h) The assistant secretary of the juvenile rehabilitation administration or his or her designee;
(i) The office of crime victims advocacy in the department of commerce;
(j) A representative of the Washington state association of counties;
(k) A representative of the association of Washington cities;
(l) A representative of the Washington association of sexual assault programs; and
(m) The director of the special commitment center or his or her designee.
(4) The board shall choose its chair by majority vote from among its voting membership. The chair's term shall be two years.
(5) As appropriate, the board shall consult with the criminal justice division in the attorney general's office and the Washington institute for public policy.
(6) Members of the board shall receive no compensation but may be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
[ 2011 1st sp.s. c 40 s 37; 2008 c 249 s 3.]
Notes:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Captions not law—2008 c 249: "Captions used in this act are not any part of the law." [ 2008 c 249 s 12.]

catchline: Sex offender policy board—Membership—Expenses and compensation.


title: RCW 9.94A.870

text:
If the governor finds that an emergency exists in that the population of a state residential correctional facility exceeds its reasonable, maximum capacity, then the governor may do any one or more of the following:
(1) Call the sentencing guidelines commission into an emergency meeting for the purpose of evaluating the standard ranges and other standards. The commission may adopt any revision or amendment to the standard ranges or other standards that it believes appropriate to deal with the emergency situation. The revision or amendment shall be adopted in conformity with chapter 34.05 RCW and shall take effect on the date prescribed by the commission. The legislature shall approve or modify the commission's revision or amendment at the next legislative session after the revision or amendment takes effect. Failure of the legislature to act shall be deemed as approval of the revision or amendment;
(2) Call the clemency and pardons board into an emergency meeting for the purpose of recommending whether the governor's commutation or pardon power should be exercised to meet the present emergency.
[ 1999 c 143 s 13; 1984 c 246 s 1; 1983 c 163 s 4; 1981 c 137 s 16. Formerly RCW 9.94A.160.]
Notes:
Severability—1984 c 246: "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." [ 1984 c 246 s 12.]
Effective date—1983 c 163: See note following RCW 9.94A.505.
Effective date—1981 c 137: See RCW 9.94A.905.

catchline: Emergency due to inmate population exceeding correctional facility capacity.


title: RCW 9.94A.875

text:
If the governor finds that an emergency exists in that the populations of county jails exceed their reasonable, maximum capacity in a significant manner as a result of increases in the sentenced felon population due to implementation of chapter 9.94A RCW, the governor may do any one or more of the following:
(1) Call the sentencing guidelines commission into an emergency meeting for the purpose of evaluating the standard ranges and other standards. The commission may adopt any revision or amendment to the standard ranges or other standards that it believes appropriate to deal with the emergency situation. The revision or amendment shall be adopted in conformity with chapter 34.05 RCW and shall take effect on the date prescribed by the commission. The legislature shall approve or modify the commission's revision or amendment at the next legislative session after the revision or amendment takes effect. Failure of the legislature to act shall be deemed as approval of the revision or amendment. The commission shall also analyze how alternatives to total confinement are being provided and used and may recommend other emergency measures that may relieve the overcrowding.
(2) Call the clemency and pardons board into an emergency meeting for the purpose of recommending whether the governor's commutation or pardon power should be exercised to meet the present emergency.
[ 1984 c 209 s 9. Formerly RCW 9.94A.165.]
Notes:
Effective dates—1984 c 209: See note following RCW 9.94A.030.

catchline: Emergency in county jails population exceeding capacity.


title: RCW 9.94A.880

text:
(1) The clemency and pardons board is established as a board within the office of the governor. The board consists of 10 members appointed by the governor, subject to confirmation by the senate.
(2) In making appointments to the board, the governor shall strive to ensure racial, ethnic, geographic, gender, sexual identity, and age diversity. The board membership must include the following:
(a) A person from an underrepresented population with direct lived experience;
(b) A person with lived experience as an incarcerated individual or who has worked with the formerly incarcerated or successful community reentry;
(c) A representative of a faith-based organization or church with interest or experience in successful community reentry;
(d) A person with experience and interest in tribal affairs; and
(e) Two representatives of crime victims.
(3) Board members must attend training related to the principles of racial equity, racism, and restorative justice at least every two years.
(4) Members of the board may serve up to two terms of five years and may continue to serve until their successors are appointed and confirmed. The governor shall stagger the initial terms so that no more than three members are up for appointment in any given year. Board members as of July 27, 2025, may serve the member's remaining term.
(5) The board shall elect a chair from among its members and shall adopt bylaws governing the operation of the board. The chair shall approve training and each member's hearing preparation time as duties authorized for compensation under subsection (6) of this section.
(6) Members of the board shall each receive compensation in accordance with the provisions of RCW 43.03.250, unless waived by the member. All members shall receive travel expenses incurred in the discharge of their official duties in accordance with RCW 43.03.050 and 43.03.060.
(7) The attorney general shall provide a staff as needed for the operation of the board.
(8) Each petition for commutation or pardon shall be reviewed by a panel of five board members. The panel membership shall be selected by a random drawing conducted by board staff.
(9) For purposes of this section, "direct lived experience" and "underrepresented population" have the meanings provided for in RCW 43.18A.010.
[ 2025 c 371 s 7; 2011 c 336 s 335; 1981 c 137 s 25. Formerly RCW 9.94A.250.]
Notes:
Effective date—1981 c 137: See RCW 9.94A.905.

catchline: Clemency and pardons board—Membership—Terms—Chair—Bylaws—Travel expenses—Staff.


title: RCW 9.94A.885

text:
(1) The clemency and pardons board shall receive petitions from individuals, organizations, and the department and make recommendations to the governor for:
(a) Commutation of sentences of incarcerated individuals when the sentence no longer serves the interest of justice; and
(b) Pardoning of individuals in extraordinary cases.
(2) If a petitioner indicates in the petition an urgent need for the pardon or commutation including, but not limited to, a pending deportation order or deportation proceeding, the board shall consider expedited review of the application.
(3) The board shall receive petitions from individuals or organizations for the restoration of civil rights lost by operation of state law as a result of convictions for federal offenses or out-of-state felonies. The board may issue certificates of restoration limited to engaging in political office. Any certifications granted by the board must be filed with the secretary of state to be effective. In all other cases, the board shall make recommendations to the governor.
(4) The board shall not recommend that the governor grant clemency under subsection (1) of this section until a public hearing has been held on the petition. The prosecuting attorney of the county where the conviction was obtained shall be notified at least 90 days prior to the scheduled hearing that a petition has been filed and the date and place at which the hearing on the petition will be held. The board may waive the 90-day notice requirement in cases where it determines that waiver is necessary to permit timely action on the petition. A copy of the petition shall be sent to the prosecuting attorney. The prosecuting attorney shall make reasonable efforts to notify victims, survivors of victims, witnesses, and the law enforcement agency or agencies that conducted the investigation, of the date and place of the hearing. Information regarding victims, survivors of victims, or witnesses receiving this notice are confidential and shall not be available to the incarcerated individual seeking clemency. The board shall consider statements presented as set forth in RCW 7.69.032. This subsection is intended solely for the guidance of the board. Nothing in this section is intended or may be relied upon to create a right or benefit, substantive or procedural, enforceable at law by any person.
(5) An applicant is eligible for a pardon, commutation, or restoration of civil rights without regard to his or her immigration status.
[ 2025 c 371 s 8. Prior: 2009 c 325 s 6; 2009 c 138 s 4; 1999 c 323 s 3; 1989 c 214 s 2; 1981 c 137 s 26. Formerly RCW 9.94A.260.]
Notes:
Intent—1999 c 323: "The pardoning power is vested in the governor under such regulations and restrictions as may be prescribed by law. To assist the governor in gathering the facts necessary to the wise exercise of this power, the legislature created the clemency and pardons board.
In recognition of the severe and detrimental impact of crime on victims, survivors of victims, and witnesses of crime, an intelligent recommendation on an application for clemency is dependent upon input from the victims and survivors of victims of crimes. It is the intent of the legislature to ensure that all victims and survivors of victims of crimes are afforded a meaningful role in the clemency process.
The impact of the crime on the community must also be assessed when passing upon an application for clemency. The prosecuting attorney who obtained the conviction and the law enforcement agency that conducted the investigation are uniquely situated to provide an accurate account of the offense and the impact felt by the community as a result of the offense. It is the intent of the legislature to ensure that the prosecuting attorney who obtained the conviction and the law enforcement agency that conducted the investigation are afforded a meaningful role in the clemency process." [ 1999 c 323 s 1.]
Effective date—1981 c 137: See RCW 9.94A.905.

catchline: Clemency and pardons board—Petitions for review—Hearing.


title: RCW 9.94A.887

text:
The clemency and pardons board shall transmit to the governor and the legislature, at least annually, a report of its work, in which shall be given such information as may be relevant. The information must include the names of any individuals granted commutation or a pardon in the previous calendar year, the crimes of which those individuals were convicted, and any known acts of recidivism during the preceding calendar year by any individual listed in any report submitted under this section.
[ 2025 c 371 s 9.]

catchline: Clemency and pardons board—Report.


title: RCW 9.94A.890

text:
(1) The sentencing court or the court's successor shall consider recommendations from the indeterminate sentence review board for resentencing offenders convicted of murder if the indeterminate sentence review board advises the court of the following:
(a) The offender was convicted for a murder committed prior to July 23, 1989;
(b) RCW 9.94A.535(1)(h), if effective when the offender committed the crime, would have provided a basis for the offender to seek a mitigated sentence; and
(c) Upon review of the sentence, the indeterminate sentence review board believes that the sentencing court, when originally sentencing the offender for the murder, did not consider evidence that the victim subjected the offender or the offender's children to a continuing pattern of sexual or physical abuse and the murder was in response to that abuse.
(2) The court may resentence the offender in light of RCW 9.94A.535(1)(h) and impose an exceptional mitigating sentence pursuant to that provision. Prior to resentencing, the court shall consider any other recommendation and evidence concerning the issue of whether the offender committed the crime in response to abuse.
(3) The court shall render its decision regarding reducing the inmate's sentence no later than six months after receipt of the indeterminate sentence review board's recommendation to reduce the sentence imposed.
[ 2000 c 28 s 42; 1993 c 144 s 5. Formerly RCW 9.94A.395.]
Notes:
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
Effective date—1993 c 144: See note following RCW 9.95.045.

catchline: Abused victim—Resentencing for murder of abuser.


title: RCW 9.94A.905

text:
*RCW 9.94A.080 through 9.94A.130, 9.94A.150 through 9.94A.230, and 9.94A.250 and 9.94A.260 shall take effect on July 1, 1984. The sentences required under this chapter shall be prescribed in each sentence which occurs for a felony committed after June 30, 1984.
[ 1981 c 137 s 28.]
Notes:
*Reviser's note: The majority of chapter 9.94A RCW was recodified by 2001 c 10 s 6. See Comparative Table for chapter 9.94A RCW in the Table of Disposition of Former RCW Sections.

catchline: Effective date of *RCW 9.94A.080 through 9.94A.130, 9.94A.150 through 9.94A.230, 9.94A.250, 9.94A.260—Sentences apply to felonies committed after June 30, 1984.


title: RCW 9.94A.921

text:
Sections 1 through 42 of this act take effect July 1, 2001.
[ 2000 c 28 s 46.]

catchline: Effective date—2000 c 28.


title: RCW 9.94A.923

text:
Nothing in chapter 290, Laws of 2002 creates an entitlement for a criminal defendant to any specific sanction, alternative, sentence option, or substance abuse treatment.
[ 2002 c 290 s 26.]
Notes:
Effective date—2002 c 290 ss 1, 4-6, 12, 13, 26, and 27: See note following RCW 71.24.580.
Intent—2002 c 290: See note following RCW 9.94A.517.

catchline: Nonentitlement.


title: RCW 9.94A.925

text:
The provisions of sections 13 through 27, chapter 379, Laws of 2003 apply to all offenders currently, or in the future, subject to sentences with unsatisfied legal financial obligations. The provisions of sections 13 through 27, chapter 379, Laws of 2003 do not change the amount of any legal financial obligation or the maximum term for which any offender is, or may be, under the jurisdiction of the court for collection of legal financial obligations.
[ 2003 c 379 s 24.]
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: Application—2003 c 379 ss 13-27.


title: RCW 9.94A.926

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 21.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 9.94A.930

text:
The code reviser shall recodify sections within chapter 9.94A RCW, and correct any cross-references to any such recodified sections, as necessary to simplify the organization of chapter 9.94A RCW.
[ 2001 c 10 s 6.]

catchline: Recodification.


title: RCW 9.94B.010

text:
(1) This chapter codifies sentencing provisions that may be applicable to sentences for crimes committed prior to July 1, 2000.
(2) This chapter supplements chapter 9.94A RCW and should be read in conjunction with that chapter.
[ 2008 c 231 s 51.]
Notes:
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.

catchline: Application of chapter.


title: RCW 9.94B.020

text:
In addition to the definitions set out in RCW 9.94A.030, the following definitions apply for purposes of this chapter:
(1) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.
(2) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(9) or 46.61.524. Where the court finds that any offender has a chemical dependency that has contributed to his or her offense, the conditions of supervision may, subject to available resources, include treatment. For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.
(3) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.
[ 2025 c 58 s 2003; 2008 c 231 s 52.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
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: Definitions.


title: RCW 9.94B.030

text:
If the offender violates any condition of postrelease supervision, a hearing may be conducted in the same manner as provided in RCW 9.94B.040. Jurisdiction shall be with the court of the county in which the offender was sentenced. However, the court may order a change of venue to the offender's county of residence or where the violation occurred, for the purpose of holding a violation hearing.
After the hearing, the court may order the offender to be confined for up to sixty days per violation in the county jail. Reimbursement to a city or county for the care of offenders who are detained solely for violating a condition of postrelease supervision shall be under RCW 70.48.440. A county shall be reimbursed for indigent defense costs for offenders who are detained solely for violating a condition of postrelease supervision in accordance with regulations to be promulgated by the office of financial management. An offender may be held in jail at state expense pending the hearing, and any time served while awaiting the hearing shall be credited against confinement imposed for a violation. The court shall retain jurisdiction for the purpose of holding the violation hearing and imposing a sanction.
[ 2009 c 28 s 18; 1988 c 153 s 8. Formerly RCW 9.94A.628, 9.94A.175.]
Notes:
Effective date—2009 c 28: See note following RCW 2.24.040.
Effective date—Application of increased sanctions—1988 c 153: See notes following RCW 9.94A.030.


title: RCW 9.94B.040

text:
(1) If an offender violates any condition or requirement of a sentence, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.
(2) In cases where conditions from a second or later sentence of community supervision begin prior to the term of the second or later sentence, the court shall treat a violation of such conditions as a violation of the sentence of community supervision currently being served.
(3) If an offender fails to comply with any of the nonfinancial requirements or conditions of a sentence the following provisions apply:
(a)(i) Following the violation, if the offender and the department make a stipulated agreement, the department may impose sanctions such as work release, home detention with electronic monitoring, work crew, community restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, jail time, or other sanctions available in the community.
(ii) Within 72 hours of signing the stipulated agreement, the department shall submit a report to the court and the prosecuting attorney outlining the violation or violations, and sanctions imposed. Within 15 days of receipt of the report, if the court is not satisfied with the sanctions, the court may schedule a hearing and may modify the department's sanctions. If this occurs, the offender may withdraw from the stipulated agreement.
(iii) If the offender fails to comply with the sanction administratively imposed by the department, the court may take action regarding the original noncompliance. Offender failure to comply with the sanction administratively imposed by the department may be considered an additional violation;
(b) In the absence of a stipulated agreement, or where the court is not satisfied with the department's sanctions as provided in (a) of this subsection, the court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance. The court may issue a summons or a warrant of arrest for the offender's appearance;
(c) The state has the burden of showing noncompliance by a preponderance of the evidence. If the court finds that the violation has occurred, it may order the offender to be confined for a period not to exceed 60 days for each violation, and may (i) convert a term of partial confinement to total confinement, (ii) convert community restitution obligation to total or partial confinement, or (iii) order one or more of the penalties authorized in (a)(i) of this subsection. Any time served in confinement awaiting a hearing on noncompliance shall be credited against any confinement order by the court;
(d) If the court finds that the violation was not willful, the court may modify its previous order regarding community restitution obligations; and
(e) If the violation involves a failure to undergo or comply with mental status evaluation and/or outpatient mental health treatment, the community corrections officer shall consult with the treatment provider or proposed treatment provider. Enforcement of orders concerning outpatient mental health treatment must reflect the availability of treatment and must pursue the least restrictive means of promoting participation in treatment. If the offender's failure to receive care essential for health and safety presents a risk of serious physical harm or probable harmful consequences, the civil detention and commitment procedures of chapter 71.05 RCW shall be considered in preference to incarceration in a local or state correctional facility.
(4) If the violation involves failure to pay legal financial obligations, the following provisions apply:
(a) The department and the offender may enter into a stipulated agreement that the failure to pay was willful noncompliance, according to the provisions and requirements of subsection (3)(a) of this section;
(b) In the absence of a stipulated agreement, or where the court is not satisfied with the department's sanctions as provided in a stipulated agreement under (a) of this subsection, the court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance. The court may issue a summons or a warrant of arrest for the offender's appearance;
(c) The state has the burden of showing noncompliance by a preponderance of the evidence. The court may not sanction the offender for failure to pay legal financial obligations unless the court finds, after a hearing and on the record, that the failure to pay is willful. A failure to pay is willful if the offender has the current ability to pay but refuses to do so. In determining whether the offender has the current ability to pay, the court shall inquire into and consider: (i) The offender's income and assets; (ii) the offender's basic living costs as defined by RCW 10.101.010 and other liabilities including child support and other legal financial obligations; and (iii) the offender's bona fide efforts to acquire additional resources. An offender who is indigent as defined in RCW 10.01.160(3) is presumed to lack the current ability to pay;
(d) If the court determines that the offender is homeless or a person who is mentally ill, as defined in RCW 71.24.025, failure to pay a legal financial obligation is not willful noncompliance and shall not subject the offender to penalties;
(e) If the court finds that the failure to pay is willful noncompliance, the court may order the offender to be confined for a period not to exceed 60 days for each violation or order one or more of the penalties authorized in subsection (3)(a)(i) of this section; and
(f) If the court finds that the violation was not willful, the court may, and if the court finds that the defendant is indigent as defined in RCW 10.01.160(3), the court shall modify the terms of payment of the legal financial obligations, reduce or waive nonrestitution legal financial obligations, or convert nonrestitution legal financial obligations to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution.
(5) 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.
(6) An offender under community placement or community supervision 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 of corrections for the duration of his or her period of community placement or community supervision. During any period of inpatient mental health treatment that falls within the period of community placement or community supervision, 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.
(7) Nothing in this section prohibits the filing of escape charges if appropriate.
[ 2023 c 449 s 10; 2022 c 260 s 14; 2018 c 269 s 15; 2002 c 175 s 8; 1998 c 260 s 4. Prior: 1995 c 167 s 1; 1995 c 142 s 1; 1989 c 252 s 7; prior: 1988 c 155 s 2; 1988 c 153 s 11; 1984 c 209 s 12; 1981 c 137 s 20. Formerly RCW 9.94A.634, 9.94A.200.]
Notes:
*Reviser's note: RCW 71.05.630 was repealed by 2013 c 200 s 34, effective July 1, 2014.
Effective date—2023 c 449: See note following RCW 13.40.058.
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Construction—2018 c 269: See note following RCW 10.82.090.
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—1998 c 260: See note following RCW 9.94A.500.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
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: Noncompliance with condition or requirement of sentence—Procedure—Penalty.


title: RCW 9.94B.050

text:
When a court sentences an offender to a term of total confinement in the custody of the department for any of the offenses specified in this section, the court shall also sentence the offender to a term of community placement as provided in this section. Except as provided in RCW 9.94A.501, the department shall supervise any sentence of community placement imposed under this section.
(1) The court shall order a one-year term of community placement for the following:
(a) A sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990; or
(b) An offense committed on or after July 1, 1988, but before July 25, 1999, that is:
(i) Assault in the second degree;
(ii) Assault of a child in the second degree;
(iii) A crime against persons where it is determined in accordance with RCW 9.94A.825 that the offender or an accomplice was armed with a deadly weapon at the time of commission; or
(iv) A felony offense under chapter 69.50 or 69.52 RCW not sentenced under RCW 9.94A.660.
(2) The court shall sentence the offender to a term of community placement of two years or up to the period of earned release awarded pursuant to RCW 9.94A.728, whichever is longer, for:
(a) An offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, including those sex offenses also included in other offense categories;
(b) A serious violent offense other than a sex offense committed on or after July 1, 1990, but before July 1, 2000; or
(c) A vehicular homicide or vehicular assault committed on or after July 1, 1990, but before July 1, 2000.
(3) The community placement ordered under this section shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release. When the court sentences an offender to the statutory maximum sentence then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible. Any period of community custody actually served shall be credited against the community placement portion of the sentence. The community placement shall run concurrently to any period of probation, parole, community supervision, community placement, or community custody previously imposed by any court in any jurisdiction, unless the court pronouncing the current sentence expressly orders that they be served consecutively to each other.
(4) Unless a condition is waived by the court, the terms of any community placement imposed under this section shall include the following conditions:
(a) The offender shall report to and be available for contact with the assigned community corrections officer as directed;
(b) The offender shall work at department-approved education, employment, or community restitution, or any combination thereof;
(c) The offender shall not possess or consume controlled substances except pursuant to lawfully issued prescriptions; and
(d) The residence location and living arrangements shall be subject to the prior approval of the department during the period of community placement.
(5) As a part of any terms of community placement imposed under this section, the court may also order one or more of the following special conditions:
(a) The offender shall remain within, or outside of, a specified geographical boundary;
(b) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;
(c) The offender shall participate in crime-related treatment or counseling services;
(d) The offender shall not consume alcohol; or
(e) The offender shall comply with any crime-related prohibitions.
(6) An offender convicted of a felony sex offense against a minor victim after June 6, 1996, shall comply with any terms and conditions of community placement imposed by the department relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.
(7) Prior to or during community placement, upon recommendation of the department, the sentencing court may remove or modify any conditions of community placement so as not to be more restrictive.
[ 2022 c 29 s 10; 2020 c 276 s 2; 2003 c 379 s 4; 2002 c 175 s 13; 2000 c 28 s 22. Formerly RCW 9.94A.700.]
Notes:
Housing voucher program outcome evaluation and benefit-cost analysis—Transfer of residual funds to the general fund—2022 c 29: See notes following RCW 9.94A.729.
Application—Legislative declaration—Authority—Implementation—Retroactive application—2020 c 276: See notes following RCW 9.94A.589.
Severability—Effective dates—2003 c 379: See notes following RCW 9.94A.728.
Effective date—2002 c 175: See note following RCW 7.80.130.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.

catchline: Community placement.


title: RCW 9.94B.060

text:
Except for persons sentenced under RCW 9.94B.050(2) or 9.94B.070, when a court sentences a person to a term of total confinement to the custody of the department for a violent offense, any crime against persons under RCW 9.94A.411(2), or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under RCW 9.94A.660, committed on or after July 25, 1999, but before July 1, 2000, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with *RCW 9.94A.728 (1) and (2). When the court sentences the offender under this section to the statutory maximum period of confinement, then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with *RCW 9.94A.728 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Except as provided in RCW 9.94A.501, the department shall supervise any sentence of community placement or community custody imposed under this section.
[ 2009 c 28 s 19; 2003 c 379 s 5; 2000 c 28 s 23. Formerly RCW 9.94A.705.]
Notes:
*Reviser's note: RCW 9.94A.728 was amended by 2009 c 455 s 2, deleting subsections (1) and (2).
Effective date—2009 c 28: See note following RCW 2.24.040.
Severability—Effective dates—2003 c 379: See notes following RCW 9.94A.728.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.

catchline: Community placement for specified offenders.


title: RCW 9.94B.070

text:
(1) When a court sentences a person to the custody of the department for an offense categorized as a sex offense, including those sex offenses also included in other offense categories, committed on or after June 6, 1996, and before July 1, 2000, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up to the period of earned release awarded pursuant to RCW 9.94A.728, whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release.
(2) Unless a condition is waived by the court, the terms of community custody imposed under this section shall be the same as those provided for in RCW 9.94B.050(4) and may include those provided for in RCW 9.94B.050(5). As part of any sentence that includes a term of community custody imposed under this section, the court shall also require the offender to comply with any conditions imposed by the department under RCW 9.94A.704.
(3) At any time prior to the completion 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 imposed pursuant to this section 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. If a violation of a condition extended under this subsection 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.
[ 2009 c 28 s 20; 2000 c 28 s 24. Formerly RCW 9.94A.710.]
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.

catchline: Community custody for sex offenders.


title: RCW 9.94B.080

text:
The court may order an offender whose sentence includes community placement or community supervision to undergo a mental status evaluation and to participate in available outpatient mental health treatment, if the court finds that reasonable grounds exist to believe that the offender is a mentally ill person as defined in RCW 71.24.025, and that this condition is likely to have influenced the offense. An order requiring mental status evaluation or treatment may be based on a presentence report and, if applicable, mental status evaluations that have been filed with the court to determine the offender's competency or eligibility for a defense of insanity. The court may order additional evaluations at a later date if deemed appropriate.
[ 2015 c 80 s 1; 2008 c 231 s 53.]
Notes:
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.

catchline: Mental status evaluations.


title: RCW 9.94B.090

text:
A person convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, vehicular homicide, vehicular assault, assault of a child in the second degree, any crime against persons where it is determined in accordance with *RCW 9.94A.602 that the offender or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW, committed before July 1, 2000, may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned release time pursuant to **RCW 9.94A.728(1).
[ 2008 c 231 s 54.]
Notes:
Reviser's note: *(1) RCW 9.94A.602 was recodified as RCW 9.94A.825 pursuant to 2009 c 28 s 41.
**(2) RCW 9.94A.728 was amended by 2009 c 455 s 2, deleting subsection (1).
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: Transfer to community custody status in lieu of earned release.


title: RCW 9.94B.100

text:
For those individuals who, as a condition and term of their sentence imposed on or before July 1, 1989, have had financial obligations imposed, and who are not in compliance with the court order requiring payment of that legal financial obligation, no action shall be brought before the court from July 1, 1989, through and including December 31, 1989, to impose a penalty for their failure to pay. All individuals who, after December 31, 1989, have not taken the opportunity to bring their legal financial obligation current, shall be proceeded against pursuant to RCW 9.94B.040.
[ 2009 c 28 s 14; 1989 c 252 s 18. Formerly RCW 9.94A.771, 9.94A.201.]
Notes:
Effective date—2009 c 28: See note following RCW 2.24.040.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.

catchline: Legal financial obligations—Wage assignments—Sentences imposed before July 1, 1989.


title: RCW 9.95.0001

text:
(1) "Board" means the indeterminate sentence review board.
(2) "Community custody" means that portion of an offender's sentence subject to controls including crime-related prohibitions and affirmative conditions from the court, the board, or the department of corrections based on risk to community safety, that is served under supervision in the community, and which may be modified or revoked for violations of release conditions.
(3) "Crime-related prohibition" has the meaning defined in RCW 9.94A.030.
(4) "Department" means the department of corrections.
(5) "Parole" means that portion of a person's sentence for a crime committed before July 1, 1984, served on conditional release in the community subject to board controls and revocation and under supervision of the department.
(6) "Secretary" means the secretary of the department of corrections or his or her designee.
[ 2001 2nd sp.s. c 12 s 317.]
Notes:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.