Revised Code of Washington - RCW Title 9 Crimes And Punishments - Chapter 9.94A Sentencing Reform Act Of 1981

  • 9.94A.010 Purpose
    The purpose of this chapter is to make the criminal justice system accountable to the public by developing a system for the sentencing of felony ...
  • 9.94A.015 Finding -- Intent -- 2000 c 28
    The sentencing reform act has been amended many times since its enactment in 1981. While each amendment promoted a valid public purpose, some sections of ...
  • 9.94A.020 Short title
    This chapter may be known and cited as the sentencing reform act of 1981.[1981 c 137 § 2.] ...
  • 9.94A.030 Definitions
    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Board" means the indeterminate sentence review board created under ...
  • 9.94A.030 Definitions (as amended by 2008 c 231)
    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Board" means the indeterminate sentence review board created under ...
  • 9.94A.030 Definitions (as amended by 2008 c 230)
    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Board" means the indeterminate sentence review board created under ...
  • 9.94A.035 Classification of felonies not in Title 9A RCW
    For a felony defined by a statute of this state that is not in Title 9A RCW, unless otherwise provided: (1) If the maximum sentence ...
  • 9.94A.171 Tolling of term of confinement, supervision
    (1) A term of confinement ordered in a sentence pursuant to this chapter shall be tolled by any period of time during which the offender ...
  • 9.94A.190 Terms of more than one year or less than one year -- Where served -- Reimbursement of costs
    (1) A sentence that includes a term or terms of confinement totaling more than one year shall be served in a facility or institution operated, ...
  • 9.94A.340 Equal application
    The sentencing guidelines and prosecuting standards apply equally to offenders in all parts of the state, without discrimination as to any element that does not ...
  • 9.94A.345 Timing
    Any sentence imposed under this chapter shall be determined in accordance with the law in effect when the current offense was committed.[2000 c 26 § ...
  • 9.94A.401 Introduction
    These standards are intended solely for the guidance of prosecutors in the state of Washington. They are not intended to, do not and may not ...
  • 9.94A.411 Evidentiary sufficiency
    (1) Decision not to prosecute. STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution ...
  • 9.94A.421 Plea agreements -- Discussions -- Contents of agreements
    The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an ...
  • 9.94A.431 Plea agreements -- Information to court -- Approval or disapproval -- Sentencing judge not bound
    (1) If a plea agreement has been reached by the prosecutor and the defendant pursuant to RCW 9.94A.421, they shall at the time of the ...
  • 9.94A.441 Plea agreements -- Criminal history
    The prosecuting attorney and the defendant shall each provide the court with their understanding of what the defendant's criminal history is prior to a plea ...
  • 9.94A.450 Plea dispositions
    STANDARD: (1) Except as provided in subsection (2) of this section, a defendant will normally be expected to plead guilty to the charge or charges ...
  • 9.94A.460 Sentence recommendations
    STANDARD: The prosecutor may reach an agreement regarding sentence recommendations. The prosecutor shall not agree to withhold relevant information from the court concerning the plea ...
  • 9.94A.470 Armed offenders
    Notwithstanding the current placement or listing of crimes in categories or classifications of prosecuting standards for deciding to prosecute under RCW 9.94A.411(2), any and all ...
  • 9.94A.475 Plea agreements and sentences for certain offenders -- Public records
    Any and all recommended sentencing agreements or plea agreements and the sentences for any and all felony crimes shall be made and retained as public ...
  • 9.94A.480 Judicial records for sentences of certain offenders
    (1) A current, newly created or reworked judgment and sentence document for each felony sentencing shall record any and all recommended sentencing agreements or plea ...
  • 9.94A.500 Sentencing hearing -- Presentencing procedures -- Disclosure of mental health services information
    (1) Before imposing a sentence upon a defendant, the court shall conduct a sentencing hearing. The sentencing hearing shall be held within forty court days ...
  • 9.94A.501 Risk assessment -- Risk categories -- Department must supervise specified offenders
    (1) When the department performs a risk assessment pursuant to RCW 9.94A.500, or to determine a person's conditions of supervision, the risk assessment shall classify ...
  • 9.94A.505 Sentences
    (1) When a person is convicted of a felony, the court shall impose punishment as provided in this chapter. (2)(a) The court shall impose a ...
  • 9.94A.507 Sentencing of nonpersistent offenders
    (1) An offender who is not a persistent offender shall be sentenced under this section if the offender: (a) Is convicted of: (i) Rape in ...
  • 9.94A.510 Table 1 -- Sentencing grid
    TABLE 1
    Sentencing Grid
    SERIOUSNESS LEVEL OFFENDER SCORE
  • 9.94A.515 Table 2 -- Crimes included within each seriousness level
      TABLE 2
     
  • 9.94A.517 Table 3 -- Drug offense sentencing grid
    (1)
    TABLE 3
    DRUG OFFENSE SENTENCING GRID
    Seriousness Level Offender Score 0 to 2
  • 9.94A.518 Table 4 -- Drug offenses seriousness level
      TABLE 4
     
  • 9.94A.520 Offense seriousness level
    The offense seriousness level is determined by the offense of conviction.[1990 c 3 § 703; 1983 c 115 § 6. Formerly RCW 9.94A.350.]Notes:      Index, part ...
  • 9.94A.525 Offender score
    The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows: The offender score is the ...
  • 9.94A.530 Standard sentence range
    (1) The intersection of the column defined by the offender score and the row defined by the offense seriousness score determines the standard sentence range ...
  • 9.94A.533 Adjustments to standard sentences
    (1) The provisions of this section apply to the standard sentence ranges determined by RCW 9.94A.510 or 9.94A.517. (2) For persons convicted of the anticipatory ...
  • 9.94A.535 Departures from the guidelines
    The court may impose a sentence outside the standard sentence range for an offense if it finds, considering the purpose of this chapter, that there ...
  • 9.94A.537 Aggravating circumstances -- Sentences above standard range
    (1) At any time prior to trial or entry of the guilty plea if substantial rights of the defendant are not prejudiced, the state may ...
  • 9.94A.540 Mandatory minimum terms
    (1) Except to the extent provided in subsection (3) of this section, the following minimum terms of total confinement are mandatory and shall not be ...
  • 9.94A.545 Community custody (as amended by 2008 c 276)
    (1) Except as provided in RCW 9.94A.650 and in subsection (2) of this section, on all sentences of confinement for one year or less, in ...
  • 9.94A.550 Fines
    Unless otherwise provided by a statute of this state, on all sentences under this chapter the court may impose fines according to the following ranges: ...
  • 9.94A.555 Findings and intent -- 1994 c 1
    (1) The people of the state of Washington find and declare that: (a) Community protection from persistent offenders is a priority for any civilized society. ...
  • 9.94A.561 Offender notification and warning
    A sentencing judge, law enforcement agency, or state or local correctional facility may, but is not required to, give offenders who have been convicted of ...
  • 9.94A.562 Court-ordered treatment--Required notices
    When any person is convicted in a superior court, the judgment and sentence shall include a statement that if the offender is or becomes subject ...
  • 9.94A.565 Governor's powers
    (1) Nothing in chapter 1, Laws of 1994 shall ever be interpreted or construed as to reduce or eliminate the power of the governor to ...
  • 9.94A.570 Persistent offenders
    Notwithstanding the statutory maximum sentence or any other provision of this chapter, a persistent offender shall be sentenced to a term of total confinement for ...
  • 9.94A.575 Power to defer or suspend sentences abolished -- Exceptions
    The power to defer or suspend the imposition or execution of sentence is hereby abolished in respect to sentences prescribed for felonies committed after June ...
  • 9.94A.580 Specialized training
    The department is authorized to determine whether any person subject to the confines of a correctional facility would substantially benefit from successful participation in: (1) ...
  • 9.94A.585 Which sentences appealable -- Procedure -- Grounds for reversal -- Written opinions
    (1) A sentence within the standard sentence range, under RCW 9.94A.510 or 9.94A.517, for an offense shall not be appealed. For purposes of this section, ...
  • 9.94A.589 Consecutive or concurrent sentences
    (1)(a) Except as provided in (b) or (c) of this subsection, whenever a person is to be sentenced for two or more current offenses, the ...
  • 9.94A.595 Anticipatory offenses
    For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the ...
  • 9.94A.599 Presumptive ranges that exceed the statutory maximum
    If the presumptive sentence duration given in the sentencing grid exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the ...
  • 9.94A.602 Deadly weapon special verdict -- Definition
    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 ...
  • 9.94A.603 Felony alcohol violators -- Treatment during incarceration -- Conditions
    (1) When sentencing an offender convicted of a violation of RCW 46.61.502(6) or 46.61.504(6), the court, in addition to imposing the provisions of this chapter, ...
  • 9.94A.605 Methamphetamine -- Manufacturing with child on premises -- Special allegation
    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 ...
  • 9.94A.607 Chemical dependency
    (1) Where the court finds that the offender has a chemical dependency that has contributed to his or her offense, the court may, as a ...
  • 9.94A.610 Drug offenders -- Notice of release or escape
    (1) At the earliest possible date, and in no event later than ten days before release except in the event of escape or emergency furloughs ...
  • 9.94A.612 Prisoner escape, parole, release, placement, or furlough -- Notification procedures
    (1) At the earliest possible date, and in no event later than thirty days before release except in the event of escape or emergency furloughs ...
  • 9.94A.614 Prisoner escape, release, or furlough -- Homicide, violent, and sex offenses -- Rights of victims and witnesses
    The department of corrections shall provide the victims and next of kin in the case of a homicide and witnesses involved in violent offense cases ...
  • 9.94A.616 Prisoner escape, release, or furlough -- Requests for notification
    Requests for notification under RCW 9.94A.612 shall be made by sending a written request by certified mail directly to the department of corrections and giving ...
  • 9.94A.618 Prisoner escape, release, or furlough -- Notification as additional requirement
    The notification requirements of RCW 9.94A.612 are in addition to any requirements in RCW 43.43.745 or other law.[1985 c 346 § 4. Formerly RCW 9.94A.158.] ...
  • 9.94A.620 Prisoner escape, release, or furlough -- Consequences of failure to notify
    Civil liability shall not result from failure to provide notice required under RCW 9.94A.612 through 9.94A.618, 9.94A.030, and43.43.745 unless the failure is the result of ...
  • 9.94A.625 Tolling of term of confinement, supervision
    (1) A term of confinement ordered in a sentence pursuant to this chapter shall be tolled by any period of time during which the offender ...
  • 9.94A.628 Postrelease supervision -- Violations -- Expenses
    If the offender violates any condition of postrelease supervision, a hearing may be conducted in the same manner as provided in RCW 9.94A.634. Jurisdiction shall ...
  • 9.94A.631 Violation of condition or requirement of sentence -- Arrest by community corrections officer -- Confinement in county jail
    If an offender violates any condition or requirement of a sentence, a community corrections officer may arrest or cause the arrest of the offender without ...
  • 9.94A.633 Violation of condition or requirement -- Sanctions
    (1)(a) An offender who violates any condition or requirement of a sentence may be sanctioned with up to sixty days' confinement for each violation. (b) ...
  • 9.94A.6331 Sanctions -- Where served
    (1) If a sanction of confinement is imposed by the court, the following applies: (a) If the sanction was imposed pursuant to RCW 9.94A.633(1), the ...
  • 9.94A.6332 Sanctions -- Which entity imposes
    The procedure for imposing sanctions for violations of sentence conditions or requirements is as follows: (1) If the offender was sentenced under the drug offender ...
  • 9.94A.6333 Sanctions -- Modification of sentence -- Noncompliance hearing
    (1) If an offender violates any condition or requirement of a sentence, and the offender is not being supervised by the department, the court may ...
  • 9.94A.634 Noncompliance with condition or requirement of sentence -- Procedure -- Penalty
    (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 ...
  • 9.94A.637 Discharge upon completion of sentence -- Certificate of discharge -- Obligations, counseling after discharge
    (1)(a) When an offender has completed all requirements of the sentence, including any and all legal financial obligations, and while under the custody and supervision ...
  • 9.94A.640 Vacation of offender's record of conviction
    (1) Every offender who has been discharged under RCW 9.94A.637 may apply to the sentencing court for a vacation of the offender's record of conviction. ...
  • 9.94A.650 First-time offender waiver
    (1) This section applies to offenders who have never been previously convicted of a felony in this state, federal court, or another state, and who ...
  • 9.94A.660 Drug offender sentencing alternative
    (1) An offender is eligible for the special drug offender sentencing alternative if: (a) The offender is convicted of a felony that is not a ...
  • 9.94A.670 Special sex offender sentencing alternative
    (1) Unless the context clearly requires otherwise, the definitions in this subsection apply to this section only. (a) "Sex offender treatment provider" or "treatment provider" ...
  • 9.94A.680 Alternatives to total confinement
    Alternatives to total confinement are available for offenders with sentences of one year or less. These alternatives include the following sentence conditions that the court ...
  • 9.94A.685 Alien offenders
    (1) Subject to the limitations of this section, any alien offender committed to the custody of the department under the sentencing reform act of 1981, ...
  • 9.94A.690 Work ethic camp program -- Eligibility -- Sentencing
    (1)(a) An offender is eligible to be sentenced to a work ethic camp if the offender: (i) Is sentenced to a term of total confinement ...
  • 9.94A.700 Community placement
    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 ...
  • 9.94A.701 Community custody -- Offenders sentenced to the custody of the department
    (1) If an offender is sentenced to the custody of the department for one of the following crimes, the court shall impose a term of ...
  • 9.94A.702 Community custody -- Offenders sentenced for one year or less
    (1) If an offender is sentenced to a term of confinement for one year or less for one of the following offenses, the court may ...
  • 9.94A.703 Community custody -- Conditions
    When a court sentences a person to a term of community custody, the court shall impose conditions of community custody as provided in this section. ...
  • 9.94A.704 Community custody -- Supervision by the department -- Conditions
    (1) Every person who is sentenced to a period of community custody shall report to and be placed under the supervision of the department, subject ...
  • 9.94A.705 Community placement for specified offenders
    Except for persons sentenced under RCW 9.94A.700(2) or 9.94A.710, when a court sentences a person to a term of total confinement to the custody of ...
  • 9.94A.706 Community custody -- Possession of firearms or ammunition prohibited
    No offender sentenced to a term of community custody under the supervision of the department may own, use, or possess firearms or ammunition. Offenders who ...
  • 9.94A.707 Community custody -- Commencement, discharge
    (1) Community custody shall begin: (a) Upon completion of the term of confinement; (b) at such time as the offender is transferred to community custody ...
  • 9.94A.708 Community custody -- Mental health information -- Access by department
    (1) When an offender is under community custody, the community corrections officer may obtain information from the offender's mental health treatment provider on the offender's ...
  • 9.94A.709 Community custody -- Sex offenders -- Conditions
    (1) At any time prior to the completion or termination of a sex offender's term of community custody, if the court finds that public safety ...
  • 9.94A.710 Community custody for sex offenders
    (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 ...
  • 9.94A.712 Sentencing of nonpersistent offenders
    (1) An offender who is not a persistent offender shall be sentenced under this section if the offender: (a) Is convicted of: (i) Rape in ...
  • 9.94A.713 Nonpersistent offenders -- Conditions
    (1) When an offender is sentenced under *RCW 9.94A.712, the department shall assess the offender's risk of recidivism and shall recommend to the board any ...
  • 9.94A.714 Community custody -- Violations -- Immunity from civil liability for placing offenders on electronic monitoring
    (1) If an offender has not completed his or her maximum term of total confinement and is subject to a third violation hearing pursuant to ...
  • 9.94A.715 Community custody for specified offenders -- Conditions (as amended by 2008 c 276)
    (1) When a court sentences a person to the custody of the department for a sex offense not sentenced under *RCW 9.94A.712, a violent offense, ...
  • 9.94A.716 Community custody -- Violations -- Arrest
    (1) The secretary may issue warrants for the arrest of any offender who violates a condition of community custody. The arrest warrants shall authorize any ...
  • 9.94A.720 Supervision of offenders
    (1)(a) Except as provided in RCW 9.94A.501, all offenders sentenced to terms involving community supervision, community restitution, community placement, or community custody shall be under ...
  • 9.94A.722 Court-ordered treatment--Required disclosures
    When an offender receiving court-ordered mental health or chemical dependency treatment or treatment ordered by the department of corrections presents for treatment from a mental ...
  • 9.94A.723 Court-ordered treatment--Offender's failure to inform
    An offender's failure to inform the department of court-ordered treatment upon request by the department is a violation of the conditions of supervision if the ...
  • 9.94A.725 Offender work crews
    Participation in a work crew is conditioned upon the offender's acceptance into the program, abstinence from alcohol and controlled substances as demonstrated by urinalysis and ...
  • 9.94A.728 Earned release time
    No person serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional ...
  • 9.94A.7281 Legislative declaration -- Earned release time not an entitlement
    The legislature declares that the changes to the maximum percentages of earned release time in chapter 379, Laws of 2003 do not create any expectation ...
  • 9.94A.7282 Earned release study
    The Washington state institute for public policy shall study the results of the changes in earned release under section 1, chapter 379, Laws of 2003. ...
  • 9.94A.731 Term of partial confinement, work release, home detention
    (1) An offender sentenced to a term of partial confinement shall be confined in the facility for at least eight hours per day or, if ...
  • 9.94A.734 Home detention -- Conditions
    (1) Home detention may not be imposed for offenders convicted of: (a) A violent offense; (b) Any sex offense; (c) Any drug offense; (d) Reckless ...
  • 9.94A.737 Community custody -- Violations
    (1) If an offender violates any condition or requirement of community custody, the department may transfer the offender to a more restrictive confinement status to ...
  • 9.94A.740 Community placement, custody violators -- Arrest, detention, financial responsibility
    (1) The secretary may issue warrants for the arrest of any offender who violates a condition of community placement or community custody. The arrest warrants ...
  • 9.94A.745 Interstate compact for adult offender supervision
    The interstate compact for adult offender supervision is hereby entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially ...
  • 9.94A.74501 State council
    (1) The sentencing guidelines commission shall serve as the state council for interstate adult offender supervision as required under article IV of RCW 9.94A.745, the ...
  • 9.94A.74502 Compact administrator
    The secretary of corrections, or an employee of the department designated by the secretary, shall serve as the compact administrator under article IV of RCW ...
  • 9.94A.74503 Other compacts and agreements -- Withdrawal from current compact
    (1) The state shall continue to meet its obligations under RCW 9.95.270, the interstate compact for the supervision of parolees and probationers, to those states ...
  • 9.94A.74504 Supervision of transferred offenders -- Processing transfer applications
    (1) The department may supervise nonfelony offenders transferred to Washington pursuant to RCW 9.94A.745, the interstate compact for adult offender supervision, and shall supervise these ...
  • 9.94A.750 Restitution
    This section applies to offenses committed on or before July 1, 1985. (1) If restitution is ordered, the court shall determine the amount of restitution ...
  • 9.94A.753 Restitution -- Application dates
    This section applies to offenses committed after July 1, 1985. (1) When restitution is ordered, the court shall determine the amount of restitution due at ...
  • 9.94A.760 Legal financial obligations
    (1) Whenever a person is convicted in superior court, the court may order the payment of a legal financial obligation as part of the sentence. ...
  • 9.94A.7601 "Earnings," "disposable earnings," and "obligee" defined
    As used in this chapter, the term "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, hours, or otherwise, ...
  • 9.94A.7602 Legal financial obligation -- Notice of payroll deduction -- Issuance and content
    (1) The department may issue a notice of payroll deduction in a criminal action if: (a) The court at sentencing orders its immediate issuance; or ...
  • 9.94A.7603 Legal financial obligations -- Payroll deductions -- Maximum amounts withheld, apportionment
    (1) The total amount to be withheld from the offender/employee's earnings each month, or from each earnings disbursement, shall not exceed twenty-five percent of the ...
  • 9.94A.7604 Legal financial obligations -- Notice of payroll deduction -- Employer or entity rights and responsibilities
    (1) An employer or entity upon whom a notice of payroll deduction is served, shall make an answer to the department within twenty days after ...
  • 9.94A.7605 Motion to quash, modify, or terminate payroll deduction -- Grounds for relief
    (1) The offender subject to a payroll deduction under this chapter, may file a motion in superior court to quash, modify, or terminate the payroll ...
  • 9.94A.7606 Legal financial obligations -- Order to withhold and deliver -- Issuance and contents
    (1) The department may issue to any person or entity an order to withhold and deliver property of any kind, including but not restricted to, ...
  • 9.94A.7607 Legal financial obligations -- Order to withhold and deliver -- Duties and rights of person or entity served
    (1) A person or entity upon whom service has been made is hereby required to: (a) Answer the order to withhold and deliver within twenty ...
  • 9.94A.7608 Legal financial obligations -- Financial institutions -- Service on main office or branch, effect -- Collection actions against community bank account, court hearing
    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, ...
  • 9.94A.7609 Legal financial obligations -- Notice of debt -- Service or mailing -- Contents -- Action on, when
    (1) The department may issue a notice of debt in order to enforce and collect a court-ordered legal financial obligation debt through either a notice ...
  • 9.94A.761 Legal financial obligations -- Exemption from notice of payroll deduction or order to withhold and deliver
    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 ...
  • 9.94A.7701 Legal financial obligations -- Wage assignments -- Petition or motion
    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 ...
  • 9.94A.7702 Legal financial obligations -- Wage assignments -- Answer
    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 ...
  • 9.94A.7703 Legal financial obligations -- Wage assignments -- Amounts to be withheld
    (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 ...
  • 9.94A.7704 Legal financial obligations -- Wage assignments -- Rules
    The department shall develop a form and adopt rules for the wage assignment order.[1989 c 252 § 12. Formerly RCW 9.94A.2004.]Notes:      Purpose -- Prospective application ...
  • 9.94A.7705 Legal financial obligations -- Wage assignments -- Employer responsibilities
    (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 ...
  • 9.94A.7706 Legal financial obligations -- Wage assignments -- Form and rules
    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 § ...
  • 9.94A.7707 Legal financial obligations -- Wage assignments -- Service
    (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.7708 Legal financial obligations -- Wage assignments -- Hearing -- Scope of relief
    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 ...
  • 9.94A.7709 Legal financial obligations -- Wage assignments -- Recovery of costs, attorneys' fees
    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 ...
  • 9.94A.771 Legal financial obligations -- Wage assignments -- Sentences imposed before July 1, 1989
    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 ...
  • 9.94A.772 Legal financial obligations -- Monthly payment, starting dates--Construction
    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 ...
  • 9.94A.775 Legal financial obligations -- Termination of supervision -- Monitoring of payments
    If an offender with an unsatisfied legal financial obligation is not subject to supervision by the department for a term of community placement, community custody, ...
  • 9.94A.780 Offender supervision assessments
    (1) Whenever a punishment imposed under this chapter requires supervision services to be provided, the offender shall pay to the department of corrections the monthly ...
  • 9.94A.800 Sex offender treatment in correctional facility
    (1) When an offender commits any felony sex offense on or after July 1, 1987, and on or before July 1, 1990, and is sentenced ...
  • 9.94A.810 Transition and relapse prevention strategies
    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 ...
  • 9.94A.820 Sex offender treatment in the community
    (1) Sex offender examinations and treatment ordered as a special condition of community placement or community custody under this chapter shall be conducted only by ...
  • 9.94A.830 Legislative finding and intent -- Commitment of felony sexual offenders after July 1, 1987
    The legislature finds that the sexual offender treatment programs at western and eastern state hospitals, while not proven to be totally effective, may be of ...
  • 9.94A.833 Special allegation -- Involving minor in felony offense -- Procedures
    (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, ...
  • 9.94A.834 Special allegation -- Endangerment by eluding a police vehicle -- Procedures
    (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 ...
  • 9.94A.835 Special allegation -- Sexual motivation -- Procedures
    (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 ...
  • 9.94A.836 Special allegation -- Offense was predatory -- Procedures
    (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 ...
  • 9.94A.837 Special allegation -- Victim was under fifteen years of age -- Procedures
    (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 ...
  • 9.94A.838 Special allegation -- Victim had diminished capacity -- Procedures
    (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 ...
  • 9.94A.839 Special allegation -- Sexual conduct with victim in return for a fee -- Procedures
    (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 ...
  • 9.94A.840 Sex offenders -- Release from total confinement -- Notification of prosecutor
    (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 ...
  • 9.94A.843 Sex offenders -- Release of information -- Immunity
    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 ...
  • 9.94A.844 Sex offenders -- Discretionary decisions -- Immunity
    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 ...
  • 9.94A.8445 Community protection zones -- Preemption of local regulations -- Retrospective application
    (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 ...
  • 9.94A.846 Sex offenders -- Release of information
    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 ...
  • 9.94A.850 Sentencing guidelines commission -- Established -- Powers and duties
    (1) A sentencing guidelines commission is established as an agency of state government. (2) The legislature finds that the commission, having accomplished its original statutory ...
  • 9.94A.855 Sentencing guidelines commission -- Research staff -- Data, information, assistance -- Bylaws -- Salary of executive officer
    The commission shall appoint a research staff of sufficient size and with sufficient resources to accomplish its duties. The commission may request from the office ...
  • 9.94A.860 Sentencing guidelines commission -- Membership -- Appointments -- Terms of office -- Expenses and compensation
    (1) The commission consists of twenty voting members, one of whom the governor shall designate as chairperson. With the exception of ex officio voting members, ...
  • 9.94A.865 Standard sentence ranges -- Revisions or modifications -- Submission to legislature
    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 ...
  • 9.94A.8671 Sex offender policy board -- Findings -- Intent
    The legislature finds that in recent years professionals have recognized the value of developing a more coordinated and integrated response to sex offender management. The ...
  • 9.94A.8672 Sex offender policy board -- Establishment
    (1) The sentencing guidelines commission shall establish, staff, and maintain a sex offender policy board. (2) Although the board is established by the commission, it ...
  • 9.94A.8673 Sex offender policy board -- Membership
    (1) The sex offender policy board shall consist of thirteen voting members. Unless the member is specifically named in this section, the following organizations shall ...
  • 9.94A.8674 Sex offender policy board -- Terms -- Vacancies
    (1) The following members of the sex offender policy board shall be appointed for a term of three years and shall serve until their successor ...
  • 9.94A.8675 Sex offender policy board -- Authority
    (1) The sex offender policy board may create subcommittees as needed. (2) Within available funding, the board may contract with outside entities which have specific ...
  • 9.94A.8676 Sex offender policy board -- Duties
    The sex offender policy board's duties are as follows: (1)(a) To stay apprised of (i) research and best practices related to risk assessment, treatment, and ...
  • 9.94A.8677 Sex offender policy board -- Travel expenses
    The members of the sex offender policy board shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.[2008 c 249 § 7.]Notes: ...
  • 9.94A.8678 Sex offender policy board -- Meeting attendance -- Member replacement
    Any member of the sex offender policy board who misses three consecutive meetings shall have that fact called to that member's attention by the chair ...
  • 9.94A.870 Emergency due to inmate population exceeding correctional facility capacity
    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 ...
  • 9.94A.875 Emergency in county jails population exceeding capacity
    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 ...
  • 9.94A.880 Clemency and pardons board -- Membership -- Terms -- Chairman -- Bylaws -- Travel expenses -- Staff
    (1) The clemency and pardons board is established as a board within the office of the governor. The board consists of five members appointed by ...
  • 9.94A.885 Clemency and pardons board -- Petitions for review -- Hearing
    (1) The clemency and pardons board shall receive petitions from individuals, organizations, and the department for review and commutation of sentences and pardoning of offenders ...
  • 9.94A.890 Abused victim--Resentencing for murder of abuser
    (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 ...
  • 9.94A.905 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
    *RCW 9.94A.080 through 9.94A.130, 9.94A.150 through9.94A.230 , and 9.94A.250 and 9.94A.260 shall take effect on July 1, 1984. The sentences required under this chapter shall ...
  • 9.94A.910 Severability -- 1981 c 137
    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 ...
  • 9.94A.920 Headings and captions not law -- 2000 c 28
    Part headings and section captions used in this act do not constitute any part of the law.[2000 c 28 § 43.] ...
  • 9.94A.921 Effective date -- 2000 c 28
    Sections 1 through 42 of this act take effect July 1, 2001.[2000 c 28 § 46.] ...
  • 9.94A.922 Severability -- 2000 c 28
    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 ...
  • 9.94A.923 Nonentitlement
    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 ...
  • 9.94A.924 Severability -- 2002 c 290
    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 ...
  • 9.94A.925 Application -- 2003 c 379 ยงยง 13-27
    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 ...
  • 9.94A.930 Recodification
    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 ...
  • Last modified: April 7, 2009