Title 9, CRIMES AND PUNISHMENTS

(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, shall order the offender to undergo alcohol or chemical dependency treatment services during incarceration. The offende…

(1) Where the court finds that the offender has any chemical dependency that has contributed to his or her offense, the court may, as a condition of the sentence and subject to available resources, order the offender to participate in rehabilitative programs or otherwise to perfo…

(1) 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 a warrant, pending a determination by the court or by the department. If there is reasonable cause to believe that an off…

(1)(a) An individual who violates any condition or requirement of a sentence may be sanctioned by the court with up to 60 days' confinement for each violation or by the department with up to 30 days' confinement as provided in RCW 9.94A.737. (b) In lieu of confinement, an individ…

(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 sanction shall be served in a county facility. (b) If the sanction was imposed pursuant to RCW 9.94A.633(2), the sanction shall be se…

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 sentencing alternative, any sanctions shall be imposed by the department or the court pursuant to RCW 9.94A.660. (2)…

(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 modify its order of judgment and sentence and impose further punishment in accordance with this section. (2) If an offender fails to c…

(1) When an offender has completed all requirements of the sentence, including any and all legal financial obligations, and while under the custody or supervision of the department, the secretary or the secretary's designee shall notify the sentencing court, which shall discharge…

(1) Except as provided in subsection (5) of this section, 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. If the court finds the offender meets the tests prescribed in subsection (…

(1) A person convicted and confined for any of the offenses set forth in subsection (3) of this section must, prior to commencing any civil action in state court against the victim of such offense, or the victim's family, first obtain an order authorizing such action to proceed f…

(1) In any criminal case where an offender has been sentenced for an offense where a conviction or adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility was used as a …

(1) In any criminal case wherein an offender has been sentenced as a persistent offender, the offender must have a resentencing hearing if a current or past conviction for robbery in the second degree was used as a basis for the finding that the offender was a persistent offender…

(1)(a) A victim of sex trafficking, prostitution, or commercial sexual abuse of a minor; sexual assault; or domestic violence as defined in RCW 9.94A.030 may apply to the sentencing court or the sentencing court's successor to vacate the victim's record of conviction for a class …

(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 have never participated in a program of deferred prosecution for a felony, and who are convicted of a felony that is not: (a) Classif…

(1) An offender is eligible for the parenting sentencing alternative if: (a) The high end of the standard sentence range for the current offense is greater than one year; (b) The offender has no prior or current conviction for: A felony sex offense; a serious violent offense; or …

(1) For an incarcerated individual not sentenced under RCW 9.94A.655, but otherwise eligible under this section, no more than the final 18 months of the incarcerated individual's term of confinement may be served in partial confinement as home detention as part of the parenting p…

(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 violent offense and the violation does not involve a sentence enhancement under RCW 9.94A.533 (3) or (4); (b) The offender is convicted of …

(1) An offender is eligible for the special drug offender sentencing alternative for driving under the influence if the offender: (a) Does not have a prior conviction under RCW 46.61.520, 46.61.522, 46.61.502(6), or 46.61.504(6); and either (b) Is convicted of felony driving whil…

(1) The court may only order a prison-based special drug offender sentencing alternative if the high end of the standard sentence range for the current offense is greater than one year. (2) A sentence for a prison-based special drug offender sentencing alternative shall include: …

(1)(a) A sentence for a residential substance use disorder treatment-based alternative shall include a term of community custody equal to one-half the midpoint of the standard sentence range or two years, whichever is greater, conditioned on the offender entering and remaining in…

(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" means a certified sex offender treatment provider or a certified affiliate sex offender treatment provid…

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 may order as substitutes for total confinement: (1) One day of partial confinement may be substituted for …

(1) Subject to the limitations of this section, any noncitizen offender committed to the custody of the department under the sentencing reform act of 1981, this chapter, who has been found by the United States attorney general to be subject to a final order of deportation or excl…

(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 of not less than twelve months and one day or more than thirty-six months; (ii) Has no current or prior convictions for any sex offenses or for vio…

(1) A defendant is eligible for the mental health sentencing alternative if: (a) The defendant is convicted of a felony that is not a serious violent offense or sex offense; (b) The defendant is diagnosed with a serious mental illness recognized by the diagnostic manual in use by…

(1) If an offender is sentenced to the custody of the department for one of the following crimes, the court shall, in addition to the other terms of the sentence, sentence the offender to community custody for three years: (a) A sex offense not sentenced under RCW 9.94A.507; or (…

(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 impose up to one year of community custody: (a) A sex offense; (b) A violent offense; (c) A crime against a person under RCW 9.94A.411; (d) A felony viol…

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. (1) Mandatory conditions. As part of any term of community custody, the court shall: (a) Require the offender to inform the departme…

(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 to RCW 9.94A.501. (2)(a) The department shall assess the offender's risk of reoffense and may establish and modify additional conditio…

(1) No offender sentenced to a term of community custody under the supervision of the department may own, use, or possess firearms, ammunition, or explosives. An offender's actual or constructive possession of firearms, ammunition, or explosives shall be reported to local law enf…

(1) Community custody shall begin: (a) Upon completion of the term of confinement; or (b) at the time of sentencing if no term of confinement is ordered. (2) When an offender is sentenced to community custody, the offender is subject to the conditions of community custody as of t…

(1) When an offender is under community custody, the community corrections officer may obtain information from the offender's mental health treatment provider on the offender's status with respect to evaluation, application for services, registration for services, and compliance …

(1) At any time prior to the completion or termination of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions of community custody for a period up to …

(1) The department may work with the Washington association of sheriffs and police chiefs to establish and operate an electronic monitoring program for offenders who violate the terms of their community custody. (2) Local governments, their subdivisions and employees, the departm…

(1) The secretary may issue warrants for the arrest of any offender who violates a condition of community custody. The arrest warrants shall authorize any law enforcement or peace officer or community corrections officer of this state or any other state where such offender may be…

(1) If an offender sentenced under this chapter or chapter 9.94B RCW is supervised by the department, the offender may earn supervision compliance credit in accordance with procedures that are developed and adopted by the department. Such procedures shall be available on the depa…

(1) Any peace officer has authority to assist the department with the supervisions of offenders. (2) If a peace officer has reasonable cause to believe an offender is in violation of the terms of supervision, the peace officer may conduct a search as provided under RCW 9.94A.631,…

When an offender receiving court-ordered mental health, chemical dependency, or domestic violence treatment or treatment ordered by the department of corrections presents for treatment from a mental health or chemical dependency treatment provider, the offender must disclose to t…

An offender's failure to inform the department of court-ordered treatment upon request by the department is a violation of the conditions of supervision if the offender is in the community and an infraction if the offender is in confinement, and the violation or infraction is sub…

Participation in a work crew is conditioned upon the offender's acceptance into the program, abstinence from alcohol and controlled substances as demonstrated by urinalysis and breathalyzer monitoring, with the cost of monitoring to be paid by the offender, unless indigent; and u…

(1) No incarcerated individual serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows: (a) An incarcerated in…

The legislature declares that the changes to the maximum percentages of earned release time in chapter 379, Laws of 2003 do not create any expectation that the percentage of earned release time cannot be revised and offenders have no reason to conclude that the maximum percentage…

(1)(a) The term of the sentence of an offender committed to a correctional facility operated by the department may be reduced by earned release time in accordance with procedures that shall be developed and adopted by the correctional agency having jurisdiction in which the offen…

(1) Notwithstanding any other provision of this chapter, any person convicted of one or more crimes committed prior to the person's 18th birthday may petition the indeterminate sentence review board for early release after serving no less than 20 years of total confinement, provi…

(1) An offender sentenced to a term of partial confinement shall be confined in the facility for at least eight hours per day or, if serving a work crew sentence shall comply with the conditions of that sentence as set forth in RCW 9.94A.030 and 9.94A.725. The offender shall be r…

(1)(a) Except as provided in (b) of this subsection, an incarcerated individual may not participate in the graduated reentry program under this subsection unless he or she has served at least six months in total confinement in a state correctional facility. (i) An incarcerated in…