Title 9 — Title 9 CRIMES AND PUNISHMENTS

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 offenders which structures, but does not eliminate, discretionary decisions affecting sentences, and to:(1) Ensure that the punishment …

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 the act have become unduly lengthy and repetitive. The legislature finds that it is appropriate to adopt clarifying amendments…

This chapter may be known and cited as the sentencing reform act of 1981.[ 1981 c 137 s 2.]

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 chapter 9.95 RCW.(2) "Collect," or any derivative thereof, "collect and remit," or "collect and del…

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 of imprisonment authorized by law upon a first conviction of such felony is twenty years or more, such felony shall be treated as a class A felony fo…

Chapter 9.94A.080 RCW dispositions SENTENCING REFORM ACT OF 1981 Sections 9.94A.031 "Offender" and "defendant." [2000 c 28 § 3.] Expired July 1, 2005. 9.94A.040 Sentencing guidelines commission — Established — Powers and duties. [2000 c 28 § 41. Prior: 1999 c 352 § 1; 1999 c 196 …

Chapter 9.94A.130 RCW dispositions SENTENCING REFORM ACT OF 1981 Sections 9.94A.031 "Offender" and "defendant." [2000 c 28 § 3.] Expired July 1, 2005. 9.94A.040 Sentencing guidelines commission — Established — Powers and duties. [2000 c 28 § 41. Prior: 1999 c 352 § 1; 1999 c 196 …

Chapter 9.94A.150 RCW dispositions SENTENCING REFORM ACT OF 1981 Sections 9.94A.031 "Offender" and "defendant." [2000 c 28 § 3.] Expired July 1, 2005. 9.94A.040 Sentencing guidelines commission — Established — Powers and duties. [2000 c 28 § 41. Prior: 1999 c 352 § 1; 1999 c 196 …

(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 has absented himself or herself from confinement without the prior approval of the entity in whose custody the offender has been placed. A term…

(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, or utilized under contract, by the state, or in home detention pursuant to RCW 9.94A.6551 or the graduated reentry program under RCW 9.94…

Chapter 9.94A.230 RCW dispositions SENTENCING REFORM ACT OF 1981 Sections 9.94A.031 "Offender" and "defendant." [2000 c 28 § 3.] Expired July 1, 2005. 9.94A.040 Sentencing guidelines commission — Established — Powers and duties. [2000 c 28 § 41. Prior: 1999 c 352 § 1; 1999 c 196 …

Chapter 9.94A.250 RCW dispositions SENTENCING REFORM ACT OF 1981 Sections 9.94A.031 "Offender" and "defendant." [2000 c 28 § 3.] Expired July 1, 2005. 9.94A.040 Sentencing guidelines commission — Established — Powers and duties. [2000 c 28 § 41. Prior: 1999 c 352 § 1; 1999 c 196 …

Chapter 9.94A.260 RCW dispositions SENTENCING REFORM ACT OF 1981 Sections 9.94A.031 "Offender" and "defendant." [2000 c 28 § 3.] Expired July 1, 2005. 9.94A.040 Sentencing guidelines commission — Established — Powers and duties. [2000 c 28 § 41. Prior: 1999 c 352 § 1; 1999 c 196 …

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 relate to the crime or the previous record of the defendant.[ 1983 c 115 s 5.]

Except as otherwise provided in this chapter, any sentence imposed under this chapter shall be determined in accordance with the law in effect when the current offense was committed.[ 2021 c 286 s 2; 2021 c 141 s 2; 2000 c 26 s 2.]Notes:Effective date—2021 c 286: "This act is nec…

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 be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state.[ 1983 c…

(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 would serve no public purpose, would defeat the underlying purpose of the law in question or w…

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 agreement that, upon the entering of a plea to a charged offense or to a lesser or related offense, the prosecutor will do any of the f…

(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 defendant's plea state to the court, on the record, the nature of the agreement and the reasons for the agreement. The prosecutor shall inform the…

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 of guilty pursuant to a plea agreement. All disputed issues as to criminal history shall be decided at the sentencing heari…

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 which adequately describe the nature of his or her criminal conduct or go to trial.(2) In certain circumstances, a plea agreement wit…

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 agreement.[ 1983 c 115 s 17.]

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 felony crimes involving any deadly weapon special verdict under *RCW 9.94A.602, any deadly weapon enh…

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 records if the felony crime involves:(1) Any violent offense as defined in this chapter;(2) Any most serious offense as defined in…

(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 agreements and the sentences for any and all felony crimes kept as public records under RCW 9.94A.475 shall contai…

(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 following conviction. Upon the motion of either party for good cause shown, or on its own motion, the court may extend the t…

(1) The department shall supervise the following individuals who are sentenced to probation in superior court, pursuant to RCW 9.92.060, 9.95.204, or 9.95.210:(a) Individuals convicted of:(i) Sexual misconduct with a minor second degree;(ii) Custodial sexual misconduct second deg…

(1) The Washington State University department of criminal justice shall develop a tool to be used in conjunction with the Washington one risk assessment that would specifically predict whether the offender will commit domestic violence in the future. The domestic violence tool m…

(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 sentence as provided in the following sections and as applicable in the case:(i) Unless another term of confinement applies, a sentence within…

The standard sentence ranges of total and partial confinement under this chapter, except as provided in RCW 9.94A.517, are subject to the following limitations:(1) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third …

(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 the first degree, rape in the second degree, rape of a child in the first degree, child molestation in the first degree, rape of a child in the s…

TABLE 1Sentencing GridSERIOUSNESSLEVELOFFENDER SCORE 0123456789 ormoreXVI Life sentence without parole/death penalty for offenders at or over the age of eighteen. For offenders under the age of eighteen, a term of twenty-five years to life.XV23y4m24y4m25y4m26y4m27y4m28y4m30y4m32y…

TABLE 2 CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL XVIAggravated Murder 1 (RCW 10.95.020) XVHomicide by abuse (RCW 9A.32.055) Malicious explosion 1 (RCW 70.74.280(1)) Murder 1 (RCW 9A.32.030) XIVMurder 2 (RCW 9A.32.050) Trafficking 1 (RCW 9A.40.100(1)) XIIIMalicious explosion …

(1)TABLE 3DRUG OFFENSE SENTENCING GRIDSeriousnessLevelOffender Score0 to 2Offender Score3 to 5Offender Score6 to 9 or moreIII51 to 68 months68+ to 100 months100+ to 120 monthsII12+ to 20 months20+ to 60 months60+ to 120 monthsI0 to 6 months6+ to 18 months12+ to 24 monthsReference…

TABLE 4 DRUG OFFENSESINCLUDED WITHIN EACH SERIOUSNESS LEVEL IIIAny felony offense under chapter 69.50 RCW with a deadly weapon special verdict under RCW 9.94A.825 Controlled Substance Homicide (RCW 69.50.415) Delivery of imitation controlled substance by person eighteen or over t…

The offense seriousness level is determined by the offense of conviction.[ 1990 c 3 s 703; 1983 c 115 s 6. Formerly RCW 9.94A.350.]

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 sum of points accrued under this section rounded down to the nearest whole number.(1)(a) A prior conviction is a conviction which exists…

(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 (see RCW 9.94A.510, (Table 1) and RCW 9.94A.517, (Table 3)). The additional time for deadly weapon findings or for other ad…

(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 offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the standard sentence range is determ…

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 are substantial and compelling reasons justifying an exceptional sentence. Facts supporting aggravated sentences, other than the fac…

(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 give notice that it is seeking a sentence above the standard sentencing range. The notice shall state aggravating circumstances upon which the reque…

(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 varied or modified under RCW 9.94A.535:(a) An offender convicted of the crime of murder in the first degree shall be sentenced to a…

Unless otherwise provided by a statute of this state, on all sentences under this chapter the court may impose fines on adult offenders according to the following ranges:Class A felonies$0 - 50,000Class B felonies$0 - 20,000Class C felonies$0 - 10,000[ 2015 c 265 s 15; 2003 c 53 …

(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.(b) Nearly fifty percent of the criminals convicted in Washington state have active prior criminal histories.(c) Punishments …

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 an offense that is a most serious offense as defined in RCW 9.94A.030 either written or oral notice, or both, of the sanction…

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 to court-ordered mental health or chemical dependency treatment, the offender must notify the department and the offender's treatment i…

(1) Nothing in chapter 1, Laws of 1994 or chapter 10.95 RCW shall ever be interpreted or construed as to reduce or eliminate the power of the governor to grant a pardon or clemency to any individual on an individual case-by-case basis. However, the people recommend that:(a) Any i…

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 life without the possibility of release or, when authorized by *RCW 10.95.030 for the crime of aggravated murder in t…

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 30, 1984, except for offenders sentenced under RCW 9.94A.670, the special sex offender sentencing alternative, whose sent…

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) Literacy training, (2) employment skills training, or (3) educational efforts to identify and control …