Title 10 — Title 10 CRIMINAL PROCEDURE

When a conditionally released person is required by the terms of his or her conditional release to report to a physician, department of corrections community corrections officer, or medical or mental health practitioner on a regular or periodic basis, the physician, department of…

As funds are available, the secretary may provide payment to a person conditionally released pursuant to *RCW 10.77.550, consistent with the provisions of RCW 72.02.100 and 72.02.110, and may adopt rules and regulations to do so.[ 1973 1st ex.s. c 117 s 17. Formerly RCW 10.77.170…

(1) Conditional release planning should start at admission and proceed in coordination between the department and the person's managed care organization, or behavioral health administrative services organization if the person is not eligible for medical assistance under chapter 7…

Each person conditionally released pursuant to *RCW 10.77.550 shall have his or her case reviewed by the court which conditionally released him or her no later than one year after such release and no later than every two years thereafter, such time to be scheduled by the court. R…

(1) Any person submitting reports pursuant to *RCW 10.77.565, the secretary, or the prosecuting attorney may petition the court to, or the court on its own motion may schedule an immediate hearing for the purpose of modifying the terms of conditional release if the petitioner or …

For persons who have received court approval for conditional release, the secretary or the secretary's designee shall supervise the person's compliance with the court-ordered conditions of release in coordination with the multidisciplinary transition team appointed under *RCW 10.…

(1) Upon application by the committed or conditionally released person, the secretary shall determine whether or not reasonable grounds exist for release. In making this determination, the secretary may consider the reports filed under *RCW 10.77.400, 10.77.530, 10.77.545, and 10…

No person who is criminally insane confined pursuant to this chapter shall be incarcerated in a state correctional institution or facility. This section does not apply to confinement in a mental health facility located wholly within a correctional institution. Confinement of a pe…

No incompetent person shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity continues.[ 1974 ex.s. c 198 s 5; 1973 1st ex.s. c 117 s 5. Formerly RCW 10.77.050.]

(1)(a) The legislature establishes a performance target of seven days or fewer to extend an offer of admission to a defendant in pretrial custody for inpatient competency evaluation or inpatient competency restoration services, when access to the services is legally authorized.(b…

(1) In counties with a forensic navigator program, a forensic navigator shall:(a) Meet, interview, and observe all defendants charged with a nonfelony, or a class C felony other than assault in the third degree under RCW 9A.36.031(1) (d) or (f), felony physical control of a vehic…

(1) Subject to the limitations described in subsection (2) of this section, a court may appoint an impartial forensic navigator employed by or contracted by the department to assist individuals who have been referred for competency evaluation and shall appoint a forensic navigato…

Within twenty-four hours of the signing of a court order requesting the secretary to provide a competency evaluation or competency restoration treatment:(1) The clerk of the court shall provide the court order and the charging documents, including the request for bail and certifi…

(1) A city or county jail shall transport a defendant to a state hospital or other secure facility designated by the department within one day of receipt of an offer of admission of the defendant for competency evaluation or restoration services.(2) City and county jails must coo…

(1) If the issue of competency to stand trial is raised by the court or a party under *RCW 10.77.400, the prosecutor may continue with the competency process or dismiss the charges without prejudice and refer the defendant for assessment by a mental health professional, substance…

(1)(a) If at any time during the pendency of an action and prior to judgment the court finds, following a report as provided in *RCW 10.77.400, a defendant is incompetent, the court shall order the proceedings against the defendant be stayed except as provided in subsection (4) o…

(1) A defendant found incompetent by the court under *RCW 10.77.635 must be evaluated at the direction of the secretary and a determination made whether the defendant is an individual with a developmental disability. Such evaluation and determination must be accomplished as soon …

(1)(a) Except as otherwise provided in this section, if the defendant is charged with a felony and determined to be incompetent, until he or she has regained the competency necessary to understand the proceedings against him or her and assist in his or her own defense, but in any…

(1) If the defendant is charged with a nonfelony crime which is a serious offense as identified in *RCW 10.77.665 and found by the court to be not competent, the court shall first consider all available and appropriate alternatives to inpatient competency restoration. If the part…

An outpatient competency restoration program must include access to a prescriber.[ 2023 c 453 s 16. Formerly RCW 10.77.0885.]Notes:Findings—2023 c 453: See note following RCW 10.77.400.

The authority shall report annually to the governor and relevant committees of the legislature, beginning November 1, 2022, and shall make the report public, describing:(1) How many individuals are being served by outpatient competency restoration programs and in what locations;(…

(1) For purposes of determining whether a court may authorize involuntary medication for the purpose of competency restoration pursuant to *RCW 10.77.635 and for maintaining the level of restoration in the jail following the restoration period, a pending charge involving any one …

When the court must make a determination whether to order involuntary medications for the purpose of competency restoration or for maintenance of competency, the court shall inquire, and shall be told, and to the extent that the prosecutor or defense attorney is aware, whether th…

(1) Following a competency evaluation under *RCW 10.77.400, individuals who are found not competent to stand trial and not restorable due to an intellectual or developmental disability, dementia, or traumatic brain injury, shall not be referred for competency restoration services…

(1) Subject to the security and background investigation requirements of the jail, jails shall allow clinical intervention specialists to have access to individuals who are referred to receive services under this chapter and to all records relating to the health or conduct of the…

Any such magistrate, when satisfied that there is reasonable cause, may also, upon like complaint made on oath, issue search warrant in the following cases, to wit:(1) To search for and seize any counterfeit or spurious coin, or forged instruments, or tools, machines or materials…

All such warrants shall be directed to the sheriff of the county, or his or her deputy, or to any constable of the county, commanding such officer to search the house or place where the stolen property or other things for which he or she is required to search are believed to be c…

(1) Any magistrate as defined by RCW 2.20.010, when satisfied that there is probable cause, may[,] upon application supported by oath or affirmation, issue a search warrant to search for and seize any: (a) Evidence of a crime; (b) contraband, the fruits of crime, or things otherw…

(1) It shall be unlawful for any police officer or other peace officer to enter and search any private dwelling house or place of residence without the authority of a search warrant issued upon a complaint as by law provided.(2) Any police officer or other peace officer violating…

All property obtained by larceny, robbery or burglary, shall be restored to the owner; and no sale, whether in good faith on the part of the purchaser or not, shall divest the owner of his or her rights to such property; and it shall be the duty of the officer who shall arrest an…

It is the intent of the legislature to establish policies regarding the practice of strip searching persons booked into holding, detention, or local correctional facilities. It is the intent of the legislature to restrict the practice of strip searching and body cavity searching …

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 10.79.060 through 10.79.110.(1) "Strip search" means having a person remove or arrange some or all of his or her clothing so as to permit an inspection of the genitals, buttocks, a…

(1) No person may be subjected to a body cavity search by or at the direction of a law enforcement agency unless a search warrant is issued pursuant to superior court criminal rules.(2) No law enforcement officer may seek a warrant for a body cavity search without first obtaining…

Nothing in RCW 10.79.080 or this section may be construed as precluding or preventing the administration of medical care to persons requiring immediate medical care or requesting medical care.[ 1983 1st ex.s. c 42 s 4.]Notes:Effective date—Severability—1983 1st ex.s. c 42: See no…

*** CHANGE IN 2026 *** (SEE 1604-S.SL) ***(1) Persons conducting a strip search shall not touch the person being searched except as reasonably necessary to effectuate the strip search of the person.(2) Any body cavity search must be performed under sanitary conditions and conduct…

(1) A person who suffers damage or harm as a result of a violation of RCW 10.79.080, 10.79.090, 10.79.100, or 10.79.130 through 10.79.170 may bring a civil action to recover actual damages sustained by him or her. The court may, in its discretion, award injunctive and declaratory…

RCW 10.79.130 through 10.79.160 apply to any person in custody at a holding, detention, or local correctional facility, other than a person committed to incarceration by order of a court, regardless of whether an arrest warrant or other court order was issued before the person wa…

(1) No person to whom this section is made applicable by RCW 10.79.120 may be strip searched without a warrant unless:(a) There is a reasonable suspicion to believe that a strip search is necessary to discover weapons, criminal evidence, contraband, or other thing concealed on th…

(1) A person to whom this section is made applicable by RCW 10.79.120 who has not been arrested for an offense within one of the categories specified in RCW 10.79.130(2) may nevertheless be strip searched, but only upon an individualized determination of reasonable suspicion or p…

(1) A written record of any strip search shall be maintained in the individual file of each person strip searched.(2) With respect to any strip search conducted under RCW 10.79.140, the record shall contain the following information:(a) The name of the supervisor authorizing the …

Physical examinations conducted by licensed medical professionals solely for public health purposes under separate statutory authority shall not be considered searches for purposes of RCW 10.79.120, 10.79.130, and 10.79.140.[ 1986 c 88 s 5.]

No governmental entity and no employee or contracting agent of a governmental entity shall be liable for injury, death, or damage caused by a person in custody when the injury, death, or damage is caused by or made possible by contraband that would have been discovered sooner but…

Upon a judgment for fine and costs, and for all adjudged costs, execution shall be issued against the property of the defendant, and returned in the same manner as in civil actions.[Code 1881 s 1120; 1873 p 242 s 278; 1854 p 123 s 142; RRS s 2201.]Notes:Judgments a lien on realty…

Every defendant against whom a judgment has been rendered for fine and costs, may stay the execution for the fine assessed and costs for sixty days from the rendition of the judgment, by procuring one or more sufficient sureties, to enter into a recognizance in open court, acknow…

Such sureties shall be approved by the clerk, and the entry of the recognizance shall be written immediately following the judgment, and signed by the bail, and shall have the same effect as a judgment, and if the fine or costs be not paid at the expiration of the sixty days, a j…

If any person ordered into custody until the fine and costs adjudged against him or her be paid shall not, within five days, pay, or cause the payment of the same to be made, the clerk of the court shall issue a warrant to the sheriff commanding him or her to imprison such defend…

When a defendant is committed to jail, on failure to pay any fines and costs, he or she shall, under the supervision of the county sheriff and subject to the terms of any ordinances adopted by the county commissioners, be permitted to perform labor to reduce the amount owing of t…

(1) All sums of money derived from costs, fines, penalties, and forfeitures imposed or collected, in whole or in part, by a superior court for violation of orders of injunction, mandamus and other like writs, for contempt of court, or for breach of the penal laws shall be paid in…

(1) When a superior court has, as a condition of the sentence for a person convicted of the unlawful receipt of public assistance, ordered restitution to the state of that overpayment or a portion thereof:(a) The department of social and health services shall deduct the overpayme…

(1) Except as provided in subsections (2) and (3) of this section and RCW 3.50.100, 3.62.020, and 35.20.220, restitution imposed in a judgment shall bear interest from the date of the judgment until payment, at the rate applicable to civil judgments. As of June 7, 2018, no intere…