The AI workspace for legal professionals
- Legal research with access to more than 1 million sources
- Document automation
- Matter management
- Hosted in the EU and Switzerland
Try it free for 14 days (10 questions/day during trial)
The AI workspace for legal professionals
Try it free for 14 days (10 questions/day during trial)
title-10•Title 10 RCW — Criminal Procedure
All the forms of pleading in criminal actions heretofore existing, are abolished; and hereafter, the forms of pleading, and the rules by which the sufficiency of pleadings is to be determined, are those prescribed herein.
[ Code 1881 s 1002; 1873 p 224 s 185; 1869 p 240 s 180; RRS s 2022. ]
No offense committed and no penalty or forfeiture incurred previous to the time when any statutory provision shall be repealed, whether such repeal be express or implied, shall be affected by such repeal, unless a contrary intention is expressly declared in the repealing act, and no prosecution for any offense, or for the recovery of any penalty or forfeiture, pending at the time any statutory provision shall be repealed, whether such repeal be express or implied, shall be affected by such repeal, but the same shall proceed in all respects, as if such provision had not been repealed, unless a contrary intention is expressly declared in the repealing act. Whenever any criminal or penal statute shall be amended or repealed, all offenses committed or penalties or forfeitures incurred while it was in force shall be punished or enforced as if it were in force, notwithstanding such amendment or repeal, unless a contrary intention is expressly declared in the amendatory or repealing act, and every such amendatory or repealing statute shall be so construed as to save all criminal and penal proceedings, and proceedings to recover forfeitures, pending at the time of its enactment, unless a contrary intention is expressly declared therein.
[ 1901 ex.s. c 6 s 1; RRS s 2006. ]
No person charged with any offense against the law shall be punished for such offense, unless he or she shall have been duly and legally convicted thereof in a court having competent jurisdiction of the case and of the person.
[ 2010 c 8 s 1001; Code 1881 s 770; 1854 p 76 s 6; RRS s 2118. ]
No person informed against or indicted for a crime shall be convicted thereof, unless by admitting the truth of the charge in his or her plea, by confession in open court, or by the verdict of a jury, accepted and recorded by the court: PROVIDED HOWEVER, That except in capital cases, where the person informed against or indicted for a crime is represented by counsel, such person may, with the assent of the court, waive trial by jury and submit to trial by the court.
[ 2010 c 8 s 1002; 1951 c 52 s 1; 1909 c 249 s 57; 1891 c 28 s 91; Code 1881 s 767; 1873 p 180 s 3; 1869 p 198 s 3; 1859 p 105 s 3; 1854 p 76 s 3; RRS s 2309. ]
NOTES:
Self-incriminating testimony: State Constitution Art. 1 s 9.
(1) Whenever an indictment or information shall be filed in any superior court against an entity charging it with the commission of a crime, a summons shall be issued by the clerk of such court, signed by one of the judges thereof, commanding the sheriff forthwith to notify the accused thereof, and commanding it to appear before such court at such time as shall be specified in said summons. Such summons and a copy of the indictment or information shall be at once delivered by such clerk to said sheriff and by the sheriff forthwith served and returned in the manner provided for service of summons upon such entity in a civil action. Whenever a complaint against an entity, charging it with the commission of a crime, shall be made before any district or municipal judge, a like summons, signed by such judge, shall be issued, which, together with a copy of said complaint, shall be delivered to the sheriff at once and by the sheriff forthwith served as herein provided.
(2) For the purposes of this section, "entity" has the same meaning as provided in RCW 9A.08.030.
[ 2019 c 211 s 3; 1987 c 202 s 147; 1911 c 29 s 1; RRS s 2011-1. ]
NOTES:
Short title—2019 c 211: See note following RCW 10.01.090.
Intent—1987 c 202: See note following RCW 2.04.190.
(1) An entity convicted of an offense may be ordered to pay legal financial obligations, including restitution, crime victims' assessments, costs, fines, penalties, and other assessments authorized or required by law. Legal financial obligations imposed upon an entity shall be entered and docketed by the clerk, or district or municipal court as a judgment against the entity, and it shall be of the same force and effect and be enforced against such entity in the same manner as a judgment in a civil action. Notwithstanding any other provisions pertaining to legal financial obligations, all legal financial obligations imposed in a judgment against an entity under this section bear interest from the date of the judgment until payment at the rate applicable to civil judgments under RCW 4.56.110. When an entity is ordered to pay restitution, payments to the clerk must be distributed to restitution prior to all other obligations.
(2) Except as otherwise provided under subsection (1) of this section, payments on legal financial obligations must be collected and distributed according to the requirements under RCW 3.50.100, 3.62.020, 3.62.040, 9.92.070, 9.94A.760, 10.01.160, 10.01.170, 10.01.180, 10.46.190, 10.64.015, 10.73.160, 10.82.090, 35.20.220, and any other sections applicable to legal financial obligations imposed as a result of a criminal conviction.
(3) For the purposes of this section, "entity" has the same meaning as provided in RCW 9A.08.030.
[ 2019 c 211 s 4; 1987 c 202 s 148; 1911 c 29 s 3; RRS s 2011-3. ]
NOTES:
Short title—2019 c 211: "This act shall be known and cited as the corporate crime act." [ 2019 c 211 s 1.]
Intent—1987 c 202: See note following RCW 2.04.190.
(1) When imposed on an entity for any criminal offense for which no special business fine is specified, a sentence to pay a fine may not exceed:
(a) One million dollars for a class A felony;
(b) Seven hundred fifty thousand dollars for a class B felony;
(c) Five hundred thousand dollars for a class C felony;
(d) Two hundred fifty thousand dollars for a gross misdemeanor; and
(e) Fifty thousand dollars for a misdemeanor.
(2) If a special fine for entities is expressly specified in the statute that defines an offense, the fine fixed must be within the limits specified in the statute.
(3) For the purposes of this section, "entity" has the same meaning as provided in RCW 9A.08.030.
[ 2019 c 211 s 5; 1925 ex.s. c 101 s 1; RRS s 2011-4. ]
NOTES:
Short title—2019 c 211: See note following RCW 10.01.090.
Whenever a prisoner has been sentenced to death, the governor shall have power to commute such sentence to imprisonment for life at hard labor; and in all cases in which the governor is authorized to grant pardons or commute sentence of death, he or she may, upon the petition of the person convicted, commute a sentence or grant a pardon, upon such conditions, and with such restrictions, and under such limitations as he or she may think proper; and he or she may issue his or her warrant to all proper officers to carry into effect such pardon or commutation, which warrant shall be obeyed and executed, instead of the sentence, if any, which was originally given. The governor may also, on good cause shown, grant respites or reprieves from time to time as he or she may think proper.
[ 2010 c 8 s 1003; Code 1881 s 1136; 1854 p 128 s 174; RRS s 2223. ]
NOTES:
Governor's powers: State Constitution Art. 3 ss 9, 11.
Record of pardons, etc., governor to keep: RCW 43.06.020.
No fees shall be allowed to witnesses in criminal causes unless they shall have reported their attendance at the close of each day's session to the clerk in attendance thereon.
[ 1895 c 10 s 1; RRS s 498, part. FORMER PART OF SECTION: 1895 c 10 s 2; RRS s 498, part, now codified as RCW 10.01.140. ]
NOTES:
Rules of court: Cf. CrR 6.12.
Witness fees: Chapters 2.40, 12.16 RCW.
No allowance of mileage shall be made to a juror or witness who has not verified his or her claim of mileage under oath before the clerk of the court on which he or she is in attendance.
[ 2010 c 8 s 1004; 1895 c 10 s 2; RRS s 498, part. Formerly RCW 10.01.130, part. ]
Whenever a state officer or employee is charged with a criminal offense arising out of the performance of an official act which was fully in conformity with established written rules, policies, and guidelines of the state or state agency, the employing agency may request the attorney general to defend the officer or employee. If the agency finds, and the attorney general concurs, that the officer's or employee's conduct was fully in accordance with established written rules, policies, and guidelines of the state or a state agency and the act performed was within the scope of employment, then the request shall be granted and the costs of defense shall be paid by the requesting agency: PROVIDED, HOWEVER, If the agency head is the person charged, then approval must be obtained from both the attorney general and the state auditor. If the court finds that the officer or employee was performing an official act, or was within the scope of employment, and that his or her actions were in conformity with the established rules, regulations, policies, and guidelines of the state and the state agency, the cost of any monetary fine assessed shall be paid from the liability account.
[ 2010 c 8 s 1005; 1999 c 163 s 6; 1975 1st ex.s. c 144 s 1. ]
NOTES:
Effective date—1999 c 163: See note following RCW 4.92.130.
(1) Except as provided in subsection (3) of this section, the court may require a defendant to pay costs. Costs may be imposed only upon a convicted defendant, except for costs imposed upon a defendant's entry into a deferred prosecution program, costs imposed upon a defendant for pretrial supervision, or costs imposed upon a defendant for preparing and serving a warrant for failure to appear.
(2) Costs shall be limited to expenses specially incurred by the state in prosecuting the defendant or in administering the deferred prosecution program under chapter 10.05 RCW or pretrial supervision. They cannot include expenses inherent in providing a constitutionally guaranteed jury trial or expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law. Expenses incurred for serving of warrants for failure to appear and jury fees under RCW 10.46.190 may be included in costs the court may require a defendant to pay. Costs for administering a deferred prosecution may not exceed $250. Costs for administering a pretrial supervision other than a pretrial electronic alcohol monitoring program, drug monitoring program, or 24/7 sobriety program may not exceed $150. Costs for preparing and serving a warrant for failure to appear may not exceed $100. Costs of incarceration imposed on a defendant convicted of a misdemeanor or a gross misdemeanor may not exceed the actual cost of incarceration. In no case may the court require the offender to pay more than $100 per day for the cost of incarceration. Payment of other court-ordered financial obligations, including all legal financial obligations and costs of supervision take precedence over the payment of the cost of incarceration ordered by the court. All funds received from defendants for the cost of incarceration in the county or city jail must be remitted for criminal justice purposes to the county or city that is responsible for the defendant's jail costs. Costs imposed constitute a judgment against a defendant and survive a dismissal of the underlying action against the defendant. However, if the defendant is acquitted on the underlying action, the costs for preparing and serving a warrant for failure to appear do not survive the acquittal, and the judgment that such costs would otherwise constitute shall be vacated.
(3) The court shall not order a defendant to pay costs if the defendant at the time of sentencing is indigent. In determining the amount and method of payment of costs for defendants who are not indigent, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose. For the purposes of this section, a defendant is "indigent" if the defendant: (a) Meets the criteria defined in RCW 10.101.010(3) (a) through (c); (b) is homeless or mentally ill as defined in RCW 71.24.025; (c) has household income above 125 percent of the federal poverty guidelines and has recurring basic living costs, as defined in RCW 10.101.010, that render the defendant without the financial ability to pay; or (d) has other compelling circumstances that exist that demonstrate an inability to pay.
(4) A defendant who has been ordered to pay costs and who has not willfully failed to pay the obligation, as described in RCW 9.94A.6333, 9.94B.040, and 10.01.180, may at any time petition the sentencing court for remission of the payment of costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in costs, modify the method of payment under RCW 10.01.170, or convert the unpaid costs 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. Manifest hardship exists where the defendant is indigent as defined in subsection (3) of this section.
(5) Except for direct costs relating to evaluating and reporting to the court, prosecutor, or defense counsel regarding a defendant's competency to stand trial as provided in RCW 10.77.400, this section shall not apply to costs related to medical or mental health treatment or services a defendant receives while in custody of the secretary of the department of social and health services or other governmental units. This section shall not prevent the secretary of the department of social and health services or other governmental units from imposing liability and seeking reimbursement from a defendant committed to an appropriate facility as provided in RCW 10.77.635 while criminal proceedings are stayed. This section shall also not prevent governmental units from imposing liability on defendants for costs related to providing medical or mental health treatment while the defendant is in the governmental unit's custody. Medical or mental health treatment and services a defendant receives at a state hospital or other facility are not a cost of prosecution and shall be recoverable under RCW 10.77.129 and 70.48.130, chapter 43.20B RCW, and any other applicable statute.
[ 2022 c 260 s 9; 2018 c 269 s 6; 2015 3rd sp.s. c 35 s 1; 2010 c 54 s 1; 2008 c 318 s 2; 2007 c 367 s 3; 2005 c 263 s 2; 1995 c 221 s 1; 1994 c 192 s 1; 1991 c 247 s 4; 1987 c 363 s 1; 1985 c 389 s 1; 1975-'76 2nd ex.s. c 96 s 1. ]
NOTES:
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Construction—2018 c 269: See note following RCW 10.82.090.
Findings—Intent—2008 c 318: "The legislature finds that because of the decision in Utter v. DSHS, 165 P.3d 399 (Wash. 2007), there is unintended ambiguity about the authority of the secretary of the department of social and health services under the criminal procedure act to seek reimbursement from defendants under RCW 10.77.250 who are committed for competency evaluation and mental health treatment under RCW 10.77.060 and 10.77.084, and the general provision prohibiting a criminal defendant from being charged for prosecution related costs prior to conviction provided in RCW 10.01.160. Mental health evaluation and treatment, and other medical treatment relate entirely to the medically necessary care that defendants receive at state hospitals and other facilities. The legislature intended for treatment costs to be the responsibility of the defendant's insurers and ultimately the defendant based on their ability to pay, and it is permissible under chapters 10.77, 70.48, and 43.20B RCW for the state and other governmental units to assess financial liability on defendants who become patients and receive medical and mental health care. The legislature further finds that it intended that a court order staying criminal proceedings under RCW 10.77.084, and committing a defendant to the custody of the secretary of the department of social and health services for placement in an appropriate facility involve costs payable by the defendant, because the commitment primarily and directly benefits the defendant through treatment of their medical and mental health conditions. The legislature did not intend for medical and mental health services provided to a defendant in the custody of a governmental unit, and the associated costs, to be costs related to the prosecution of the defendant. Thus, if a court orders a stay of the criminal proceeding under RCW 10.77.084 and orders commitment to the custody of the secretary, or if at any time a defendant receives other medical care while in custody of a governmental unit, but prior to conviction, the costs associated with such care shall be the responsibility of the defendant and the defendant's insurers as provided in chapters 10.77, 70.48, and 43.20B RCW. The intent of the legislature is to clarify this reimbursement requirement, and the purpose of this act is to make retroactive, remedial, curative, and technical amendments in order to resolve any ambiguity about the legislature's intent in enacting these chapters." [ 2008 c 318 s 1.]
Effective date—2008 c 318: "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 takes effect immediately [April 1, 2008]." [ 2008 c 318 s 3.]
Commitment for failure to pay fine and costs: RCW 10.70.010, 10.82.030.
Defendant liable for costs: RCW 10.64.015.
Fine and costs—Collection and disposition: Chapter 10.82 RCW.
(1) When a defendant is sentenced to pay fines, penalties, assessments, fees, restitution, or costs, the court may grant permission for payment to be made within a specified period of time or in specified installments. If the court finds that the defendant is indigent as defined in RCW 10.01.160(3), the court shall grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is included in the sentence the fine or costs shall be payable forthwith.
(2) An offender's monthly payment shall be applied in the following order of priority until satisfied:
(a) First, proportionally to restitution to victims that have not been fully compensated from other sources;
(b) Second, proportionally to restitution to insurance or other sources with respect to a loss that has provided compensation to victims;
(c) Third, proportionally to crime victims' assessments; and
(d) Fourth, proportionally to costs, fines, and other assessments required by law.
[ 2022 c 260 s 19; 2018 c 269 s 7; 1975-'76 2nd ex.s. c 96 s 2. ]
NOTES:
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Construction—2018 c 269: See note following RCW 10.82.090.
Payment of fine and costs in installments: RCW 9.92.070.
(1) A defendant sentenced to pay any fine, penalty, assessment, fee, or costs who willfully defaults in the payment thereof or of any installment is in contempt of court as provided in chapter 7.21 RCW. The court may issue a warrant of arrest for his or her appearance.
(2) When any fine, penalty, assessment, fee, or assessment of costs is imposed on a corporation or unincorporated association, it is the duty of the person authorized to make disbursement from the assets of the corporation or association to pay the obligation from those assets, and his or her failure to do so may be held to be contempt.
(3)(a) The court shall not sanction a defendant for contempt based on failure to pay fines, penalties, assessments, fees, or costs 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 defendant has the current ability to pay but refuses to do so.
(b) In determining whether the defendant has the current ability to pay, the court shall inquire into and consider: (i) The defendant's income and assets; (ii) the defendant'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 defendant's bona fide efforts to acquire additional resources. A defendant who is indigent as defined in RCW 10.01.160(3) is presumed to lack the current ability to pay.
(c) If the court determines that the defendant 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 contempt and shall not subject the defendant to penalties.
(4) If a term of imprisonment for contempt for nonpayment of any fine, penalty, assessment, fee, or costs is ordered, the term of imprisonment shall be set forth in the commitment order, and shall not exceed one day for each $25 of the amount ordered, 30 days if the amount ordered of costs was imposed upon conviction of a violation or misdemeanor, or one year in any other case, whichever is the shorter period. A person committed for nonpayment of any fine, penalty, assessment, fee, or costs shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order.
(5) If it appears to the satisfaction of the court that the default in the payment of any fine, penalty, assessment, fee, or costs is not willful contempt, the court may, and if the defendant is indigent as defined in RCW 10.01.160(3), the court shall enter an order: (a) Allowing the defendant additional time for payment; (b) reducing the amount thereof or of each installment; (c) revoking the fine, penalty, assessment, fee, or costs or the unpaid portion thereof in whole or in part; or (d) converting the unpaid fine, penalty, assessment, fee, or costs 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.
(6) A default in the payment of any fine, penalty, assessment, fee, or costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of any fine, penalty, assessment, fee, or costs shall not discharge a defendant committed to imprisonment for contempt until the amount has actually been collected.
[ 2023 c 449 s 12; 2022 c 260 s 15; 2018 c 269 s 8; 2010 c 8 s 1006; 1989 c 373 s 13; 1975-'76 2nd ex.s. c 96 s 3. ]
NOTES:
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.
Fine and costs—Collection procedure, commitment for failure to pay, execution against defendant's property: Chapter 10.82 RCW.
A defendant who has been ordered to pay fines and who has not willfully failed to pay the obligation, as described in RCW 9.94A.6333, 9.94B.040, and 10.01.180, may at any time petition the sentencing court for remission of the payment of fines or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in fines, modify the method of payment under RCW 10.01.170, or convert the unpaid amounts 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. Manifest hardship exists where the defendant is indigent as defined in RCW 10.01.160(3).
[ 2022 c 260 s 8. ]
NOTES:
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
In any criminal proceeding instituted or conducted by the attorney general, the attorney general and assistants are deemed to be prosecuting attorneys and have all prosecutorial powers vested in prosecuting attorneys of the state of Washington by statute or court rule.
[ 1981 c 335 s 4. ]
NOTES:
Purpose—1981 c 335: See RCW 43.10.230.
The court shall provide written notification to any defendant charged with a sex offense or kidnapping offense of the registration requirements of RCW 9A.44.130. Such notice shall be included on any guilty plea forms and judgment and sentence forms provided to the defendant.
[ 1997 c 113 s 5; 1990 c 3 s 404. ]
NOTES:
Reviser's note: The definitions in RCW 9A.44.128 apply to this section.
Findings—1997 c 113: See note following RCW 4.24.550.
Sex offense and kidnapping offense defined: RCW 9A.44.128.
Any and all law enforcement agencies and personnel, criminal justice attorneys, sentencing judges, and state and local correctional facilities and personnel may, but are not required to, give any and all offenders either written or oral notice, or both, of the sanctions imposed and criminal justice changes regarding armed offenders, including but not limited to the subjects of:
(1) Felony crimes involving any deadly weapon special verdict under *RCW 9.94A.602;
(2) Any and all deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, as well as any federal firearm, ammunition, or other deadly weapon enhancements;
(3) Any and all felony crimes requiring the possession, display, or use of any deadly weapon as well as the many increased penalties for these crimes including the creation of theft of a firearm and possessing a stolen firearm;
(4) New prosecuting standards established for filing charges for all crimes involving any deadly weapons;
(5) Removal of good time for any and all deadly weapon enhancements; and
(6) Providing the death penalty for those who commit first degree murder: (a) To join, maintain, or advance membership in an identifiable group; (b) as part of a drive-by shooting; or (c) to avoid prosecution as a persistent offender as defined in RCW 9.94A.030.
[ 2002 c 290 s 23; 1995 c 129 s 18 (Initiative Measure No. 159). ]
NOTES:
*Reviser's note: RCW 9.94A.602 was recodified as RCW 9.94A.825 pursuant to 2009 c 28 s 41.
Effective date—2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Findings and intent—Short title—Severability—Captions not law—1995 c 129: See notes following RCW 9.94A.510.
A city attorney, county prosecutor, or other prosecuting authority may not dismiss, amend, or agree not to file a criminal charge in exchange for a contribution, donation, or payment to any person, corporation, or organization. This does not prohibit:
(1) Contribution, donation, or payment to any specific fund authorized by state statute;
(2) The collection of costs associated with actual supervision, treatment, or collection of restitution under agreements to defer or divert; or
(3) Dismissal following payment that is authorized by any other statute.
[ 2007 c 367 s 1. ]
(1) The Washington traffic safety commission may develop and maintain a registry of qualified victim impact panels. When imposing a requirement that an offender attend a victim impact panel under RCW 46.61.5152, the court may refer the offender to a victim impact panel that is listed in the registry. The Washington traffic safety commission may consult with victim impact panel organizations to develop and maintain a registry.
(2) To be listed on the registry, the victim impact panel must meet the following minimum standards:
(a) The victim impact panel must address the effects of driving while impaired on individuals and families and address alternatives to drinking and driving and drug use and driving;
(b) The victim impact panel shall have at least two different speakers, one of whom is a victim survivor of an impaired driving crash, to present their stories in person. A victim survivor may be the panel facilitator. The victim impact panel should be a minimum of sixty minutes of presentation, not including registration and administration time;
(c) The victim impact panel shall have policies and procedures to recruit, screen, train, and provide feedback and ongoing support to the panelists. The panel shall take reasonable steps to verify the authenticity of each panelist's story;
(d) Pursuant to (b) of this subsection, the victim impact panel shall use in-person speakers for each presentation for a minimum of sixty minutes of presentation. The victim impact panel may supplement the in-person presentations with prerecorded videos, but in no case shall the videos shown exceed fifteen minutes of presentation;
(e) The victim impact panel shall charge a reasonable fee to all persons required to attend, unless otherwise ordered by the court;
(f) The victim impact panel shall have a policy to prohibit admittance of anyone under the influence of alcohol or drugs, or anyone whose actions or behavior are otherwise inappropriate. The victim impact panel may institute additional admission requirements;
(g) The victim impact panel shall maintain attendance records for at least five years;
(h) The victim impact panel shall make reasonable efforts to use a facility that meets standards established by the Americans with disabilities act;
(i) The victim impact panel may provide referral information to other community services; and
(j) The victim impact panel shall have a designated facilitator who is responsible for the compliance with these minimum standards and who is responsible for maintaining appropriate records and communication with the referring courts and probationary departments regarding attendance or nonattendance.
[ 2016 c 203 s 10; 2011 c 293 s 15. ]
Whenever a prosecutor, or the attorney general or assistants acting pursuant to RCW 10.01.190, institutes or conducts a criminal proceeding involving domestic violence as defined in RCW 10.99.020, the prosecutor, or attorney general or assistants, shall specify whether the victim and defendant are intimate partners or family or household members within the meaning of RCW 7.105.010.
[ 2021 c 215 s 114; 2019 c 263 s 202. ]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Findings—Intent—2019 c 263 ss 202-803: "The legislature recognizes that domestic violence treatment has been the most common, and sometimes only, legal response in domestic violence cases. There is a growing concern about the "one size fits all" approach for domestic violence misdemeanors, felonies, and other cases. In 2012, the legislature directed the Washington state institute for public policy to update its analysis of the scientific literature on domestic violence treatment. The institute found traditional domestic violence treatment to be ineffective. Treatment needs to be differentiated and grounded in science, risk, and long-term evaluation. The institute's findings coincided with a wave of federal, state, and local reports highlighting concerns with the efficacy of traditional domestic violence treatment. A new approach was needed to reduce recidivism by domestic violence offenders, provide both victims and offenders with meaningful answers about what works, and close critical safety gaps. Subsequently, the legislature directed the gender and justice commission to establish work groups and make recommendations to improve domestic violence treatment and risk assessments. The work group recommended establishing sentencing alternatives for domestic violence offenders, integrated systems response, and domestic violence risk assessments. During this time, the department of social and health services repealed the administrative codes for domestic violence treatment, and issued new codes grounded in a differentiated approach and evidence-based practice. There is no easy answer to what works to reduce domestic violence recidivism, and offenders often present with co-occurring substance abuse and mental health issues, but new administrative codes and work group recommendations reflect the best available evidence in how best to respond and treat domestic violence criminal offenders.
Improving rehabilitation and treatment of domestic violence offenders, and those offenders with co-occurring substance and mental health issues, is critical, given how often practitioners and courts use treatment as the primary, and sometimes only, intervention for domestic violence. Given the pervasiveness of domestic violence and because of the link between domestic violence and many community issues including violent recidivism, victims and offenders are owed effective treatment and courts need better tools. State studies have found domestic violence crimes to be the most predictive of future violent crime.
The legislature intends to modify sentencing alternatives and other sentencing practices to require use of a validated risk assessment tool and domestic violence treatment certified under the Washington Administrative Code. These new practices should be consistently used when criminal conduct is based on domestic violence behavioral problems." [ 2019 c 263 s 101.]
Intent—Definition of domestic violence—2019 c 263 ss 202-205: "The legislature intends to distinguish between intimate partner violence and other categories of domestic violence to facilitate discrete data analysis regarding domestic violence by judicial, criminal justice, and advocacy entities. The legislature does not intend for these modifications to definitions to substantively change the prosecution of, or penalties for, domestic violence, or the remedies available to potential petitioners under the current statutory scheme." [ 2019 c 263 s 201.]
When any offense is committed in view of any district judge, the judge may, by verbal direction to any deputy, or if no deputy is present, to any citizen, cause such deputy or citizen to arrest such offender, and keep such offender in custody for the space of one hour, unless such offender shall sooner be taken from such custody by virtue of a warrant issued on complaint on oath. But such person so arrested, shall not be confined in jail, nor put upon any trial, until arrested by virtue of such warrant.
[ 1987 c 202 s 149; Code 1881 s 1888; Code 1881 s 1889, part; 1873 p 382 s 186; 1854 p 260 s 173; RRS s 1926, part. ]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
District courts or committing magistrates may accept money as bail from persons charged with bailable offenses, and for the appearance of witnesses in all cases provided by law for the recognizance of witnesses. The amount of such bail or recognizance in each case shall be determined by the court in its discretion, and may from time to time be increased or decreased as circumstances may justify. The money to be received and accounted for in the same manner as provided by law for the superior courts.
[ 1987 c 202 s 150; 1919 c 76 s 1; RRS s 1957 1/2. ]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
Excessive bail or fines, cruel punishment prohibited: State Constitution Art. 1 s 14.
In all trials for offenses within the jurisdiction of a district judge, the defendant or the state may demand a jury, which shall consist of six, or a less number, agreed upon by the state and accused, to be impaneled and sworn as in civil cases; or the trial may be by the judge. When the complaint is for a crime or misdemeanor in the exclusive jurisdiction of the superior court, the justice hears the case as a committing magistrate, and no jury shall be allowed.
[ 1987 c 202 s 151; 1891 c 11 s 1; Code 1881 s 1890; 1875 p 51 s 2; 1873 p 382 s 188; 1854 p 260 s 174, part; RRS s 1927. ]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
Charging juries: State Constitution Art. 4 s 16.
Convicted persons liable for costs and jury fees: RCW 10.46.190.
Right to trial by jury: State Constitution Art. 1 s 21.
The defendant may plead guilty to any offense charged.
[ Code 1881 s 1892; 1873 p 383 s 190; 1854 p 260 s 174, part; RRS s 1929. ]
The judge, if the prisoner is found guilty, shall assess the prisoner's punishment; or if, in the judge's opinion, the punishment the judge is authorized to assess is not adequate to the offense, he or she may so find, and in such case the judge shall order such defendant to enter recognizance to appear in the superior court of the county, and shall also recognize the witnesses, and proceed as in proceedings by a committing magistrate.
[ 1987 c 202 s 152; 1891 c 11 s 2; Code 1881 s 1891; 1873 p 382 s 189; 1854 p 260 s 174; RRS s 1928. ]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
See RCW 3.66.065.
In all cases of conviction, unless otherwise provided in this chapter, the judge shall enter judgment for the fine and costs against the defendant, and may commit him or her to jail until the amount of such fine and costs owing are paid, or the payment thereof be secured as provided by RCW 10.04.120. The amount of such fine and costs owing shall be computed as provided for superior court cases in RCW 10.82.030 and 10.82.040. Further proceedings therein shall be had as in like cases in the superior court: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
[ 2010 c 8 s 1007; 1987 c 202 s 153; 1969 ex.s. c 199 s 10; 1967 c 200 s 6; 1891 c 11 s 6; Code 1881 s 1896; 1873 p 383 s 194; 1854 p 261 s 176; RRS s 1933. ]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
Convicted persons liable for jury fees: RCW 10.46.190.
Every defendant may stay the execution for the fine and costs for thirty days, by procuring sufficient sureties, to be approved by the district judge, to enter into recognizance before the district judge for the payment of the fine and costs; the entry of such recognizance shall be made on the docket of the district judge, and signed by the sureties, and shall have the same effect as a judgment, and if the same be not paid in thirty days, the district judge shall proceed as in like cases in the superior court.
[ 1987 c 202 s 154; Code 1881 s 1897; 1873 p 383 s 195; 1854 p 261 s 176; RRS s 1934. ]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
The district and municipal court judges' association may propose to the supreme court suggested forms for criminal actions for inclusion in the justice court criminal rules.
[ 1994 c 32 s 6; 1987 c 202 s 155. ]
NOTES:
Rules of court: CrRLJ 2.1, 4.2.
Intent—1987 c 202: See note following RCW 2.04.190.
(1) In a court of limited jurisdiction a person charged with a misdemeanor or gross misdemeanor may petition the court to be considered for a deferred prosecution. The petition shall be filed with the court at least seven days before the date set for trial but, upon a written motion and affidavit establishing good cause for the delay and failure to comply with this section, the court may waive this requirement subject to the defendant's reimbursement to the court of the witness fees and expenses due for subpoenaed witnesses who have appeared on the date set for trial. A person charged with a misdemeanor or gross misdemeanor shall not be eligible for a deferred prosecution unless the court makes specific findings pursuant to RCW 10.05.020.
(2) A person charged with a violation of RCW 46.61.502 or 46.61.504 shall not be eligible for a deferred prosecution unless the court makes specific findings pursuant to RCW 10.05.020. A person who petitions the court for the deferred prosecution and participates in the deferred prosecution under this chapter for his or her first violation of RCW 46.61.502 or 46.61.504 is eligible to petition the court for a second deferred prosecution for the person's next violation of RCW 46.61.502 or 46.61.504 when the person has no other prior convictions defined as a "prior offense" under RCW 46.61.5055. The person's first deferred prosecution shall not be considered a prior offense for the purpose of granting a second deferred prosecution. Separate offenses committed more than seven days apart may not be consolidated in a single program.
(3) A person charged with a misdemeanor or a gross misdemeanor under chapter 9A.42 RCW shall not be eligible for a deferred prosecution unless the court makes specific findings pursuant to RCW 10.05.020. Such person shall not be eligible for a deferred prosecution more than once.
(4) A person is not eligible for a deferred prosecution if the misdemeanor or gross misdemeanor domestic violence offense was originally charged as a felony offense in superior court.
(5) A person may petition a court for a second deferred prosecution while still under the jurisdiction of a court for the person's first deferred prosecution; however, the first deferred prosecution shall be revoked prior to the entry of the second deferred prosecution.
(6) A person may not be on two deferred prosecutions at the same time unless separate offenses are committed within seven days of each other and the person petitions to consolidate each offense into a single deferred prosecution.
(7) A person charged with a misdemeanor or gross misdemeanor for a violation of RCW 46.61.502 or 46.61.504 who does not participate in a deferred prosecution for his or her first violation of RCW 46.61.502 or 46.61.504 remains eligible to petition the court for a deferred prosecution pursuant to the terms of this section and specific findings made under RCW 10.05.020. Such person shall not be eligible for a deferred prosecution more than once.
[ 2024 c 306 s 11; 2019 c 263 s 701; 2008 c 282 s 15; 2002 c 219 s 6; 1998 c 208 s 1; 1985 c 352 s 4; 1982 1st ex.s. c 47 s 26; 1975 1st ex.s. c 244 s 1. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 ss 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Effective date—1998 c 208: "This act takes effect January 1, 1999." [ 1998 c 208 s 7.]
Legislative finding—1985 c 352: "The legislature finds that the deferred prosecution program is an alternative to punishment for persons who will benefit from a treatment program if the treatment program is provided under circumstances that do not unreasonably endanger public safety or the traditional goals of the criminal justice system. This alternative to punishment is dependent for success upon appropriate treatment and the willingness and ability of the person receiving treatment to cooperate fully with the treatment program. The legislature finds that some persons have sought deferred prosecution but have been unable or unwilling to cooperate with treatment requirements and escaped punishment because of the difficulties in resuming prosecution after significant delay due to the absence of witnesses at a later date and the congestion in courts at a later date. The legislature further finds that the deferred prosecution statutes require clarification. The purpose of sections 4 through 19 of this act is to provide specific standards and procedures for judges and prosecutors to use in carrying out the original intent of the deferred prosecution statutes." [ 1985 c 352 s 3.]
Severability—1985 c 352: "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." [ 1985 c 352 s 22.]
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
At the time of arraignment a person charged with a violation of RCW 46.61.502 or 46.61.504 or a misdemeanor or gross misdemeanor domestic violence offense may be given a statement by the court that explains the availability, operation, and effects of the deferred prosecution.
[ 2024 c 306 s 12; 2019 c 263 s 702; 1985 c 352 s 5. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 ss 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
(1) Except as provided in subsection (2) of this section, the petitioner shall allege under oath in the petition that the wrongful conduct charged is the result of or caused by substance use disorders or mental health disorders or domestic violence behavior problems for which the person is in need of treatment and unless treated the probability of future recurrence is great, along with a statement that the person agrees to pay the cost of a diagnosis and treatment of the alleged problem or problems if financially able to do so. The petition shall also contain a case history and written assessment prepared by an approved behavioral health agency, approved for mental health services or substance use disorder services, as designated in chapter 71.24 RCW or by a state-certified domestic violence treatment provider pursuant to RCW 43.20A.735.
(2) In the case of a petitioner charged with a misdemeanor or gross misdemeanor under chapter 9A.42 RCW, the petitioner shall allege under oath in the petition that the petitioner is the natural or adoptive parent of the alleged victim; that the wrongful conduct charged is the result of parenting problems for which the petitioner is in need of services; that the petitioner is in need of child welfare services under chapter 74.13 RCW to improve his or her parenting skills in order to better provide his or her child or children with the basic necessities of life; that the petitioner wants to correct his or her conduct to reduce the likelihood of harm to his or her minor children; that in the absence of child welfare services the petitioner may be unable to reduce the likelihood of harm to his or her minor children; and that the petitioner has cooperated with the department of children, youth, and families to develop a plan to receive appropriate child welfare services; along with a statement that the person agrees to pay the cost of the services if he or she is financially able to do so. The petition shall also contain a case history and a written service plan from the department of children, youth, and families.
(3) Before entry of an order deferring prosecution, a petitioner shall be advised of his or her rights as an accused and execute, as a condition of receiving treatment, a statement that contains: (a) An acknowledgment of his or her rights; (b) an acknowledgment and waiver of the right to testify, the right to a speedy trial, the right to call witnesses to testify, the right to present evidence in his or her defense, and the right to a jury trial; (c) a stipulation to the admissibility and sufficiency of the facts contained in the written police report; and (d) an acknowledgment that the statement will be entered and used to support a finding of guilty if the court finds cause to revoke the order granting deferred prosecution. The petitioner shall also be advised that he or she may, if he or she proceeds to trial and is found guilty, be allowed to seek suspension of some or all of the fines and incarceration that may be ordered upon the condition that he or she seek treatment and, further, that he or she may seek treatment from public and private agencies at any time without regard to whether or not he or she is found guilty of the offense charged. He or she shall also be advised that the court will not accept a petition for deferred prosecution from a person who: (i) Sincerely believes that he or she is innocent of the charges; (ii) sincerely believes that he or she does not, in fact, suffer from a substance use disorder, a mental health disorder, or domestic violence behavior problems; or (iii) in the case of a petitioner charged under chapter 9A.42 RCW, sincerely believes that he or she does not need child welfare services.
(4) Before entering an order deferring prosecution, the court shall make specific findings that: (a) The petitioner has stipulated to the admissibility and sufficiency of the facts as contained in the written police report; (b) the petitioner has acknowledged the admissibility of the stipulated facts in any criminal hearing on the underlying offense or offenses held subsequent to revocation of the order granting deferred prosecution; (c) the petitioner has acknowledged and waived the right to testify, the right to a speedy trial, the right to call witnesses to testify, the right to present evidence in his or her defense, and the right to a jury trial; and (d) the petitioner's statements were made knowingly and voluntarily. Such findings shall be included in the order granting deferred prosecution.
[ 2024 c 306 s 13; 2021 c 215 s 115; 2019 c 263 s 703; 2016 sp.s. c 29 s 525; 2010 c 269 s 9; 2008 c 282 s 16; 2002 c 219 s 7; 1996 c 24 s 1; 1985 c 352 s 6; 1975 1st ex.s. c 244 s 2. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 ss 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Effective date—2010 c 269: See note following RCW 46.20.385.
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
Criminal history and driving record: RCW 46.61.513.
The arraigning judge upon consideration of the petition may continue the arraignment and refer such person for a diagnostic investigation and evaluation to:
(1) A state-approved behavioral health agency, approved for substance use disorder services, as designated in chapter 71.24 RCW if the petition alleges a substance use disorder;
(2) A state-approved behavioral health agency, approved for mental health services, as designated in chapter 71.24 RCW, if the petition alleges a mental health disorder;
(3) The department of children, youth, and families if the petition is brought under RCW 10.05.020(2); or
(4) An approved state-certified domestic violence treatment provider pursuant to RCW 43.20A.735 if the petition alleges a domestic violence behavior problem.
[ 2024 c 306 s 14; 2023 c 102 s 17; 2021 c 215 s 116; 2019 c 263 s 704; 2016 sp.s. c 29 s 526; 2002 c 219 s 8; 1999 c 143 s 42; 1975 1st ex.s. c 244 s 3. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 ss 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
The program to which such person is referred, or the department of children, youth, and families if the petition is brought under RCW 10.05.020(2), shall conduct an investigation and examination to determine:
(1) Whether the person suffers from the problem described;
(2) Whether the problem is such that if not treated, or if no child welfare services are provided, there is a probability that similar misconduct will occur in the future;
(3) Whether extensive and long term treatment is required;
(4) Whether effective treatment or child welfare services for the person's problem are available; and
(5) Whether the person is: (a) Amenable to treatment as demonstrated by (i) completion of residential treatment; (ii) completion of a minimum of 18 hours of intensive outpatient treatment, for substance use disorder petitions; (iii) completion of a minimum of six mental health sessions, for mental health disorder petitions; or (iv) completion of a minimum of six domestic violence treatment sessions for domestic violence petitions; or (b) willing to cooperate with child welfare services. The requirement for completing a minimum number of sessions may be waived if the court finds good cause.
[ 2024 c 306 s 15; 2018 c 201 s 9005; 2002 c 219 s 9; 1985 c 352 s 7; 1975 1st ex.s. c 244 s 4. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
(1) The program, or the department of children, youth, and families if the petition is brought under RCW 10.05.020(2), shall make a written report to the court stating its findings and recommendations after the examination required by RCW 10.05.040. If its findings and recommendations support treatment or the implementation of a child welfare service plan, it shall also recommend a treatment or service plan setting out:
(a) The type;
(b) Nature;
(c) Length;
(d) A treatment or service time schedule; and
(e) Approximate cost of the treatment or child welfare services.
(2) In the case of a child welfare service plan, the plan shall be designed in a manner so that a parent who successfully completes the plan will not be likely to withhold the basic necessities of life from his or her child.
(3) The report with the treatment or service plan shall be filed with the court and a copy given to the petitioner and petitioner's counsel. A copy of the treatment or service plan shall be given to the prosecutor by petitioner's counsel at the request of the prosecutor. The evaluation facility, or the department of children, youth, and families if the petition is brought under RCW 10.05.020(2), making the written report shall append to the report a commitment by the treatment program or the department of children, youth, and families that it will provide the treatment or child welfare services in accordance with this chapter. The facility or the service provider shall agree to provide the court with a statement monthly regarding (a) the petitioner's cooperation with the treatment or child welfare service plan proposed and (b) the petitioner's progress or failure in treatment or child welfare services. These statements shall be made as a declaration by the person who is personally responsible for providing the treatment or services.
[ 2024 c 306 s 16; 2018 c 201 s 9006; 2002 c 219 s 10; 1985 c 352 s 8; 1975 1st ex.s. c 244 s 5. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
Child welfare services provided under chapter 74.13 RCW pursuant to a deferred prosecution ordered under RCW 10.05.060 may not be construed to prohibit the department from providing services or undertaking proceedings pursuant to chapter 13.34 or 26.44 RCW.
[ 2002 c 219 s 12. ]
NOTES:
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
If the report recommends treatment, the court shall examine the treatment plan. If it approves the plan and the petitioner agrees to comply with its terms and conditions and agrees to pay the cost thereof, if able to do so, or arrange for the treatment, an entry shall be made upon the person's court docket showing that the person has been accepted for deferred prosecution. A copy of the treatment plan shall be filed with the court. If the charge be one that an abstract of the docket showing the charge, the date of the violation for which the charge was made, and the date of petitioner's acceptance is required to be sent to the department of licensing, an abstract shall be sent, and the department of licensing shall make an entry of the charge and of the petitioner's acceptance for deferred prosecution on the department's driving record of the petitioner. The entry is not a conviction for purposes of Title 46 RCW. Upon receipt of the abstract of the docket, the department shall issue notice that 45 days after receipt, the petitioner must apply for a probationary license in accordance with RCW 46.20.355, and the petitioner's driver's license shall be on probationary status for five years from the date of the violation that gave rise to the charge. The department shall maintain the record consistent with the requirements of RCW 46.01.260.
[ 2024 c 306 s 17; 2009 c 135 s 1; 1994 c 275 s 17; 1990 c 250 s 13; 1985 c 352 s 9; 1979 c 158 s 4; 1975 1st ex.s. c 244 s 6. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Effective dates—1990 c 250 ss 1-13: "Sections 1 through 9, and 11 through 13 of this act shall take effect on January 1, 1991. Section 10 of this act shall take effect on July 1, 1990." [ 1990 c 250 s 93.]
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
When treatment is either not recommended or not approved by the judge, or the petitioner declines to accept the treatment plan, the petitioner shall be arraigned on the charge.
[ 1985 c 352 s 10; 1975 1st ex.s. c 244 s 7. ]
NOTES:
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
If the petition is not approved or is withdrawn before approval, evidence pertaining to or resulting from the petition and/or investigation is inadmissible in any trial on the charges, but shall be available for use after a conviction in determining a sentence.
[ 1985 c 352 s 11; 1975 1st ex.s. c 244 s 8. ]
NOTES:
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
If a petitioner, who has been accepted for a deferred prosecution, fails or neglects to carry out and fulfill any term or condition of the petitioner's treatment plan or any term or condition imposed in connection with the installation of an interlock or other device under RCW 46.20.720, the facility, center, institution, or agency administering the treatment or the entity administering the use of the device, shall immediately report such breach to the court, the prosecutor, and the petitioner or petitioner's attorney of record, together with its recommendation. The court upon receiving such a report shall hold a hearing to determine whether the petitioner should be removed from the deferred prosecution. At the hearing, evidence shall be taken of the petitioner's alleged failure to comply with the treatment plan or device installation and the petitioner shall have the right to present evidence on his or her own behalf. The court shall either order that the petitioner continue on the treatment plan or be removed from deferred prosecution. If removed from deferred prosecution, the court shall enter judgment pursuant to RCW 10.05.020 and, if the charge for which the deferred prosecution was granted was a misdemeanor or gross misdemeanor under Title 46 RCW, shall notify the department of licensing of the removal and entry of judgment.
[ 2024 c 306 s 18; 2010 c 269 s 10; 2008 c 282 s 17; 1997 c 229 s 1; 1994 c 275 s 18; 1985 c 352 s 12; 1975 1st ex.s. c 244 s 9. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—1997 c 229: "This act takes effect January 1, 1998." [ 1997 c 229 s 15.]
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
If a petitioner is subsequently convicted of a similar offense that was committed while the petitioner was in a deferred prosecution, upon notice the court shall remove the petitioner's docket from the deferred prosecution file and the court shall enter judgment pursuant to RCW 10.05.020.
[ 2024 c 306 s 19; 1998 c 208 s 2; 1985 c 352 s 13; 1975 1st ex.s. c 244 s 10. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective date—1998 c 208: See note following RCW 10.05.010.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
Delay in bringing a case to trial caused by a petitioner requesting deferred prosecution as provided for in this chapter shall not be grounds for dismissal.
[ 1985 c 352 s 14; 1975 1st ex.s. c 244 s 11. ]
NOTES:
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
(1) Three years after receiving proof of successful completion of the approved treatment plan, and following proof to the court that the petitioner has complied with the conditions imposed by the court following successful completion of the approved treatment plan, but not before five years following entry of the order of deferred prosecution pursuant to a petition brought under RCW 10.05.020(1), the court shall dismiss the charges pending against the petitioner.
(2) When a deferred prosecution is ordered pursuant to a petition brought under RCW 10.05.020(2) and the court has received proof that the petitioner has successfully completed the child welfare service plan, or the plan has been terminated because the alleged victim has reached his or her majority and there are no other minor children in the home, the court shall dismiss the charges pending against the petitioner: PROVIDED, That in any case where the petitioner's parental rights have been terminated with regard to the alleged victim due to abuse or neglect that occurred during the pendency of the deferred prosecution, the termination shall be per se evidence that the petitioner did not successfully complete the child welfare service plan.
[ 2024 c 306 s 20; 2019 c 263 s 705; 2003 c 220 s 1; 2002 c 219 s 14; 1998 c 208 s 3; 1994 c 275 s 19; 1985 c 352 s 15; 1983 c 165 s 45; 1975 1st ex.s. c 244 s 12. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 ss 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Effective date—1998 c 208: See note following RCW 10.05.010.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
Funds shall be appropriated from the fines and forfeitures of the court to provide investigation, examination, report and treatment plan for any indigent person who is unable to pay the cost of any program of treatment.
[ 1975 1st ex.s. c 244 s 13. ]
(1) As a condition of granting a deferred prosecution petition for a violation of RCW 46.61.502 or 46.61.504, the court shall order that the petitioner shall not operate a motor vehicle upon the public highways without a valid operator's license and proof of liability insurance. The amount of liability insurance shall be established by the court at not less than that established by RCW 46.29.490. As a condition of granting a deferred prosecution petition on any substance use disorder-based case, the court shall also order the installation of an ignition interlock under RCW 46.20.720. The required periods of use of the interlock shall be not less than the periods provided for in RCW 46.20.720. As a condition of granting a deferred prosecution petition, the court may order the petitioner to make restitution and to pay costs as defined in RCW 10.01.160. To help ensure continued sobriety and reduce the likelihood of reoffense, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for substance use disorder, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. The court may terminate the deferred prosecution upon violation of the deferred prosecution order.
(2) As a condition of granting a deferred prosecution petition for a case involving a domestic violence behavior problem:
(a) The court shall order the petitioner not to possess firearms and order the petitioner to surrender firearms under RCW 9.41.800; and
(b) The court may order the petitioner to make restitution and to pay costs as defined in RCW 10.01.160. In addition, to help ensure continued sobriety and reduce the likelihood of reoffense in co-occurring domestic violence and substance use disorder or mental health disorder cases, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for substance use disorder, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. The court may terminate the deferred prosecution upon violation of the deferred prosecution order.
[ 2024 c 306 s 21; 2019 c 263 s 706; 2016 c 203 s 11; 2013 2nd sp.s. c 35 s 21; 2011 c 293 s 8; 2004 c 95 s 1; 2003 c 220 s 2; 1999 c 331 s 4; 1997 c 229 s 2; 1991 c 247 s 1; 1985 c 352 s 16. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 ss 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Effective date—2011 c 293 ss 1-9: See note following RCW 46.20.385.
Effective date—1999 c 331: See note following RCW 9.94A.525.
Effective date—1997 c 229: See note following RCW 10.05.090.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
(1) A deferred prosecution for either substance use disorder or mental health co-occurring disorder shall be for a two-year period and shall include, but not be limited to, the following requirements:
(a) Total abstinence from alcohol and all other nonprescribed mind-altering drugs;
(b) All treatment within the purview of this section shall occur within or be approved by a state-approved behavioral health agency as described in chapter 71.24 RCW;
(c) Signature of the petitioner agreeing to the terms and conditions of the treatment program;
(d) Periodic, random urinalysis or breath analysis;
(e) If the petitioner fails to remain abstinent, a full substance use disorder reassessment and recommended treatment;
(f) No less than weekly approved outpatient counseling, whether group or individual, for a minimum of six months following the intensive phase of treatment;
(g) No less than monthly outpatient contact, whether group or individual, for the remainder of the two-year deferred prosecution period; and
(h) The decision to include the use of prescribed drugs, including disulfiram, as a condition of treatment shall be reserved to the treating facility and the petitioner's physician.
(2) A deferred prosecution for substance use disorder shall include the following requirements:
(a) Completion of an intensive outpatient treatment program or residential inpatient treatment program, depending on the severity of the diagnosis; and
(b) Participation in a minimum of two meetings per week of a substance use disorder self-help recovery support group, as determined by the assessing agency, for the duration of the treatment program.
(3) A deferred prosecution for mental health co-occurring disorder shall include the following requirements:
(a) Completion of the requirements described in subsection (2) of this section, or completion of an outpatient program as determined by the petitioner's diagnostic evaluation; and
(b) Completion of individual or group mental health services.
[ 2024 c 306 s 22; 2016 sp.s. c 29 s 527; 1999 c 143 s 43; 1985 c 352 s 17. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
A deferred prosecution for domestic violence behavior, or domestic violence co-occurring with substance abuse or mental health, must include, but is not limited to, the following requirements:
(1) Completion of a risk assessment;
(2) Participation in the level of treatment recommended by the program as outlined in the current treatment plan;
(3) Compliance with the contract for treatment;
(4) Participation in any ancillary or co-occurring treatments that are determined to be necessary for the successful completion of the domestic violence intervention treatment including, but not limited to, mental health or substance use treatment;
(5) Domestic violence intervention treatment within the purview of this section to be completed with a state-certified domestic violence intervention treatment program;
(6) Signature of the petitioner agreeing to the terms and conditions of the treatment program;
(7) Proof of compliance with any active order to surrender weapons issued in this program or related civil protection orders or no-contact orders.
[ 2024 c 306 s 23; 2019 c 263 s 708. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 ss 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
A deferred prosecution for mental health disorder where the wrongful conduct did not involve, and was not caused by, alcohol, drugs, or a substance use disorder, shall include treatment recommended by a state-approved mental health provider.
[ 2024 c 306 s 24. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
The prosecutor may appeal an order granting deferred prosecution on any or all of the following grounds:
(1) Prior deferred prosecution has been granted to the defendant;
(2) For a present petition alleging a domestic violence behavior problem, a prior stipulated order of continuance has been granted to the defendant;
(3) Failure of the court to obtain proof of insurance or a treatment plan conforming to the requirements of this chapter;
(4) Failure of the court to comply with the requirements of RCW 10.05.100;
(5) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050, if the defendant has been referred to the facility for treatment. If an appeal on such basis is successful, the trial court may consider the use of another treatment program;
(6) Failure of the court to order the installation of an ignition interlock or other device under RCW 10.05.140.
[ 2019 c 263 s 707; 2010 c 269 s 11; 2008 c 282 s 19; 1999 c 143 s 44; 1998 c 208 s 4; 1985 c 352 s 18. ]
NOTES:
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 ss 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—1998 c 208: See note following RCW 10.05.010.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
As a condition of granting deferred prosecution, the court may order supervision of the petitioner during the period of deferral and may levy a monthly assessment upon the petitioner as provided in RCW 10.64.120. In a jurisdiction with a probation department, the court may appoint the probation department to supervise the petitioner. In a jurisdiction without a probation department, the court may appoint an appropriate person or agency to supervise the petitioner. A supervisor appointed under this section shall be required to do at least the following:
(1) If the charge for which deferral is granted relates to operation of a motor vehicle, at least once every three months request an abstract of the petitioner's driving record;
(2) At least once every month make contact with the petitioner until treatment is completed;
(3) Review the petitioner's criminal history at a minimum of every 90 days until the end of the deferral period; and
(4) Report known violations of supervision or law and noncompliance with conditions of the deferred prosecution to the court within five business days or as soon as practicable.
[ 2024 c 306 s 25; 1991 c 247 s 2; 1985 c 352 s 19. ]
NOTES:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.
(1) Any county may set up a deferral program for persons who receive a citation for failing to register a vehicle, aircraft, or vessel under RCW 46.16A.030, 47.68.255, or 88.02.400. Under the deferral program:
(a) If the person has received a criminal citation for failure to register a vehicle under RCW 46.16A.030, an aircraft under RCW 47.68.255, or a vessel under RCW 88.02.400, the defendant may petition the court for a deferred prosecution conditioned upon the defendant completing the criteria in (b) of this subsection within ninety days of the court granting the deferral.
(b) To be eligible for a deferred prosecution under (a) of this subsection, the court shall dismiss the charge if the court receives satisfactory proof within ninety days that the person:
(i) Has paid a five hundred dollar fine;
(ii) Has a valid Washington state driver's license; and
(iii) Has registered the vehicle, aircraft, or vessel that was the subject of the citation.
(c) Before entering an order deferring prosecution, the court shall make specific findings that: (i) The petitioner has stipulated to the admissibility and sufficiency of the facts as contained in the written police report; (ii) the petitioner has acknowledged the admissibility of the stipulated facts in any criminal hearing on the underlying offense or offenses held subsequent to revocation of the order granting deferred prosecution; (iii) the petitioner has acknowledged and waived the right to testify, the right to a speedy trial, the right to call witnesses to testify, the right to present evidence in his or her defense, and the right to a jury trial; and (iv) the petitioner's statements were made knowingly and voluntarily. Such findings shall be included in the order granting deferred prosecution.
(d) If the defendant successfully completes the conditions required under the deferred prosecution, the court shall dismiss the charges pending against the defendant.
(e) If the court finds that the defendant has not successfully completed the conditions required under the deferred prosecution, the court shall remove the defendant from deferred prosecution and enter a judgment.
(2) The deferral program described in this section does not apply to persons who have received a previous conviction or deferral for failing to register a vehicle under RCW 46.16A.030, an aircraft under RCW 47.68.255, or a vessel under RCW 88.02.400.
(3) Fines generated pursuant to the deferral program established in subsection (1) of this section shall be used by the county for the purpose of enforcement and prosecution of registration requirements under RCW 46.16A.030, 47.68.250, or 88.02.550.
[ 2019 c 459 s 2. ]
NOTES:
Finding—Intent—2019 c 459: "(1) The legislature finds that counties that border other states and Canada experience a significant problem of residents of Washington state who evade taxes and fees by failing to register their vehicles, aircraft, and vessels in Washington state. According to a 2007 Washington State University study, the department of revenue lost eighty million dollars over the previous five years to persons avoiding taxes and fees in this manner. It was also estimated in the study that twenty thousand vehicles were illegally registered in Oregon to residents of Clark county, Washington. The problem has undoubtedly grown worse in the decade since the study was completed resulting in hundreds of millions of dollars in lost revenue to state and local coffers as these new residents fail to pay their fair share for public services. Moreover, a public safety risk is created when inaccurate information is provided to law enforcement or insurance companies in the event of an accident or infraction.
(2) Current statutes contain monetarily significant penalties that are appropriate given the scope of the harm. It is the intent of the legislature that law enforcement and prosecutors proceed against violators to the fullest extent of the law. In order to give them more tools and ensure compliance with the law, it is the intent of the legislature to set up a deferral program consistent with other programs in the state that allows defendants to obtain dismissal of charges if they take certain remedial steps. It is the intent of the legislature that the punishment for those who do not comply with the deferral program remain subject to current penalties." [ 2019 c 459 s 1.]
Any county may set up a deferred finding program for persons who receive a citation for failing to register a vehicle under RCW 46.16A.030, an aircraft under RCW 47.68.255, or a vessel under RCW 88.02.400. Upon receipt of proof satisfactory to the prosecuting attorney's office with jurisdiction over the offense, which shall include payment of a five hundred dollar fine, that the person cited has a valid Washington state driver's license, and that the person cited has registered the vehicle, aircraft, or vessel that was the subject of the citation in Washington state, the citation must be dismissed. If receipt of proof does not occur within ninety days of the citation, the prosecuting attorney must seek the full penalty available for the citation. Fines generated pursuant to this program shall be used by the county for the purpose of enforcement and prosecution of registration requirements under RCW 46.16A.030, 47.68.255, or 88.02.400. This section applies to persons who have never received a previous citation or participated in a program of deferred finding for failing to register a vehicle under RCW 46.16A.030, an aircraft under RCW 47.68.255, or a vessel under RCW 88.02.400.
[ 2019 c 423 s 202. ]
NOTES:
Finding—Intent—Effective date—2019 c 423: See notes following RCW 82.08.0273.
Every person convicted before a district judge of any offense may appeal from the judgment as provided by court rules.
[ 1987 c 202 s 156; 1891 c 29 s 6, part; RRS s 1919, part. Prior: Code 1881 s 1898, part; 1877 p 203 s 7, part; 1873 p 384 s 196, part; 1854 p 261 s 177. Formerly RCW 10.10.010, 10.10.020, and 10.10.030. ]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
The appellant in a criminal action shall not be required to advance any fees in claiming his or her appeal nor in prosecuting the same; but if convicted in the appellate court, or if sentenced for failing to prosecute his or her appeal, he or she may be required as a part of the sentence to pay the costs of the prosecution. If the appellant shall fail to enter and prosecute his or her appeal he or she shall be defaulted of his or her recognizance, if any was taken, and the superior court may award sentence against him or her for the offense whereof he or she was convicted in like manner as if he or she had been convicted thereof in that court; and if he or she be not then in custody process may be issued to bring him or her into court to receive sentence.
[ 2010 c 8 s 1008; 1891 c 29 s 7; RRS s 1920. Prior: Code 1881 s 1900; 1873 p 384 s 198, part; 1854 p 261 s 179. Formerly RCW 10.10.060 and 10.10.080. ]
If it should appear upon the whole examination that no offense has been committed, or that there is not probable cause for charging the defendant with an offense, he or she shall be discharged, and if in the opinion of the magistrate, the complaint was malicious, or without probable cause, and there was no reasonable ground therefor, the costs shall be taxed against the party making the complaint.
[ 2010 c 8 s 1009; Code 1881 s 1925; 1873 p 395 s 223; 1854 p 107 s 31; RRS s 1954. ]
In all cases where any magistrate shall order a defendant to recognize for his or her appearance before a district or superior court, the magistrate shall forward with the papers in the case, an abstract of the costs that have accrued in the case, and such costs shall be subject to the final determination of the case.
[ 1987 c 202 s 163; Code 1881 s 1937; 1873 p 397 s 236; 1854 p 109 s 44; RRS s 1966. ]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
It shall be the duty of the prosecuting attorney of the proper county to inquire into and make full examination of all the facts and circumstances connected with any case of preliminary examination, as provided by law, touching the commission of any offense wherein the offender shall be committed to jail, or become recognized or held to bail; and if the prosecuting attorney shall determine in any such case that an information ought not to be filed, he or she shall make, subscribe, and file with the clerk of the court a statement in writing containing his or her reasons, in fact and in law, for not filing an information in such case, and such statement shall be filed at and during the session of court at which the offender shall be held for his or her appearance: PROVIDED, That in such case such court may examine such statement, together with the evidence filed in the case, and if upon such examination the court shall not be satisfied with such statement, the prosecuting attorney shall be directed by the court to file the proper information and bring the case to trial.
[ 2010 c 8 s 1010; 1890 p 102 s 6; RRS s 2053. Formerly RCW 10.16.110 and 10.16.120. ]
If the magistrate shall be satisfied that there is good cause to believe that any such witness will not perform the condition of his or her recognizance unless other security be given, such magistrate may order the witness to enter into recognizance with such sureties as may be deemed necessary for his or her appearance at court.
[ 2010 c 8 s 1011; Code 1881 s 1930; 1873 p 396 s 229; 1854 p 108 s 37; RRS s 1960. Formerly codified in RCW 10.16.140, part. ]
NOTES:
Rules of court: This section probably superseded by CrR 6.13. See comment after CrR 6.13.
When any minor is a material witness, any other person may be allowed to recognize for the appearance of such witness, or the magistrate may, in his or her discretion, take the recognizance of such minor in a sum not exceeding fifty dollars which shall be valid and binding in law, notwithstanding the disability of minority.
[ 2010 c 8 s 1012; 1973 1st ex.s. c 154 s 19; Code 1881 s 1931; 1873 p 396 s 230; 1854 p 108 s 38; RRS s 1961. ]
NOTES:
Rules of court: This section probably superseded by CrR 6.13. See comment after CrR 6.13.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
All witnesses required to recognize with or without sureties shall, if they refuse, be committed to the county jail by the magistrate, there to remain until they comply with such orders or be otherwise discharged according to law: PROVIDED, That when the magistrate is satisfied that any witness required to recognize with sureties is unable to comply with such order, the magistrate shall immediately take the deposition of such witness and discharge the witness from custody upon the witness' own recognizance. The testimony of the witness shall be reduced to writing by a district judge or some competent person under the judge's direction, and only the exact words of the witness shall be taken; the deposition, except the cross-examination, shall be in the narrative form, and upon the cross-examination the questions and answers shall be taken in full. The defendant must be present in person when the deposition is taken, and shall have an opportunity to cross-examine the witnesses; the defendant may make any objections to the admission of any part of the testimony, and all objections shall be noted by the district judge; but the district judge shall not decide as to the admissibility of the evidence, but shall take all the testimony offered by the witness. The deposition must be carefully read to the witness, and any corrections the witness may desire to make thereto shall be made in presence of the defendant by adding the same to the deposition as first taken; it must be signed by the witness, certified by the district judge, and transmitted to the clerk of the superior court, in the same manner as depositions in civil actions. And if the witness is not present when required to testify in the case, either before the grand jury or upon the trial in the superior court, the deposition shall be submitted to the judge of such superior court, upon the objections noted by the district judge, and such judge shall suppress so much of said deposition as such judge shall find to be inadmissible, and the remainder of the deposition may be read as evidence in the case, either before the grand jury or upon the trial in the court.
[ 1987 c 202 s 164; 1891 c 11 s 15; Code 1881 s 1932; 1877 p 203 s 8; 1873 p 396 s 232; 1854 p 108 s 39; RRS s 1962. Formerly RCW 10.16.160, 10.16.170, and 10.16.180. ]
NOTES:
Rules of court: This section modified if not superseded by CrR 6.13. See comment after CrR 6.13.
Intent—1987 c 202: See note following RCW 2.04.190.
Any officer authorized to execute a warrant in a criminal action, may take the recognizance and justify and approve the bail; he or she may administer an oath and examine the bail as to its sufficiency.
[ 2010 c 8 s 1013; Code 1881 s 1034; 1873 p 229 s 214; 1854 p 114 s 78; RRS s 2087. FORMER PART OF SECTION: 1891 c 11 s 13; Code 1881 s 1927; 1873 p 395 s 225; 1854 p 108 s 33; RRS s 1957, now codified in RCW 10.16.070. ]
Bail for the release of a person arrested and detained for a class A or B felony offense must be determined on an individualized basis by a judicial officer.
[ 2012 c 6 s 1; 2010 c 254 s 2. ]
Every recognizance taken by any peace officer must be certified by him or her forthwith to the clerk of the court to which the defendant is recognized. The clerk must thereupon record the recognizance in the order book, and, from the time of filing, it has the same effect as if taken in open court.
[ 2010 c 8 s 1014; Code 1881 s 1035; 1873 p 230 s 215; 1854 p 114 s 79; RRS s 2088. ]
Recognizances in criminal proceedings may be taken in open court and entered on the order book.
[ Code 1881 s 1033; 1854 p 114 s 77; RRS s 2086. ]
In criminal cases where a recognizance for the appearance of any person, either as a witness or to appear and answer, shall have been taken and a default entered, the recognizance shall be declared forfeited by the court, and at the time of adjudging such forfeiture said court shall enter judgment against the principal and sureties named in such recognizance for the sum therein mentioned, and execution may issue thereon the same as upon other judgments. If the surety is not notified by the court in writing of the unexplained failure of the defendant to appear within thirty days of the date for appearance, then the forfeiture shall be null and void and the recognizance exonerated.
[ 1986 c 322 s 2; Code 1881 s 1137; 1873 p 230 s 217; 1867 p 103 s 1; RRS s 2231. ]
NOTES:
Severability—1986 c 322: "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." [ 1986 c 322 s 6.]
The parties, or either of them, against whom such judgment may be entered in the superior or supreme courts, may stay said execution for sixty days by giving a bond with two or more sureties, to be approved by the clerk, conditioned for the payment of such judgment at the expiration of sixty days, unless the same shall be vacated before the expiration of that time.
[ 1891 c 28 s 86; Code 1881 s 1138; 1873 p 242 s 281; 1867 p 103 s 2; RRS s 2232. FORMER PART OF SECTION: 1891 c 28 s 87; Code 1881 s 1139; 1867 p 103 s 3; RRS s 2233, now codified as RCW 10.19.105. ]
If a bond be given and execution stayed, as provided in RCW 10.19.100, and the person for whose appearance such recognizance was given shall be produced in court before the expiration of said period of sixty days, the judge may vacate such judgment upon such terms as may be just and equitable, otherwise execution shall forthwith issue as well against the sureties in the new bond as against the judgment debtors.
[ 1891 c 28 s 87; Code 1881 s 1139; 1867 p 103 s 3; RRS s 2233. Formerly RCW 10.19.100, part. ]
All recognizances taken and forfeited before any district judge or magistrate, shall be forthwith certified to the clerk of the superior court of the county; and it shall be the duty of the prosecuting attorney to proceed at once by action against all the persons bound in such recognizances, and in all forfeited recognizances whatever, or such of them as the prosecuting attorney may elect to proceed against.
[ 1987 c 202 s 165; Code 1881 s 1166; 1873 p 230 s 215; 1854 p 128 s 175; RRS s 2234. FORMER PART OF SECTION: Code 1881 s 1936; 1873 p 397 s 235; 1863 p 390 s 216; 1859 p 141 s 185; 1854 p 109 s 43; RRS s 1965, now codified as RCW 10.16.190. ]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
No action brought on any recognizance, bail, or appearance bond given in any criminal proceeding whatever shall be barred or defeated, nor shall judgment be arrested thereon, by reason of any neglect or omission to note or record the default of any principal or surety at the time when such default shall happen, or by reason of any defect in the form of the recognizance, if it sufficiently appear from the tenor thereof at what court or before what district judge the party or witness was bound to appear, and that the court or magistrate before whom it was taken was authorized by law to require and take such recognizance; and a recognizance may be recorded after execution awarded.
[ 1987 c 202 s 166; 1891 c 28 s 88; Code 1881 s 1167; 1854 p 129 s 176; RRS s 2235. FORMER PART OF SECTION: Code 1881 s 749; 1854 p 219 s 489; RRS s 777, now codified as RCW 19.72.170. ]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
If a forfeiture has been entered against a person in a criminal case and the person is returned to custody or produced in court within twelve months from the forfeiture, then the full amount of the bond, less any and all costs determined by the court to have been incurred by law enforcement in transporting, locating, apprehending, or processing the return of the person to the jurisdiction of the court, shall be remitted to the surety if the surety was directly responsible for producing the person in court or directly responsible for apprehension of the person by law enforcement.
[ 1986 c 322 s 3. ]
NOTES:
Severability—1986 c 322: See note following RCW 10.19.090.
The liability of the surety is limited to the amount of the bond when acting within the scope of the surety's duties in issuing the bond.
[ 1986 c 322 s 4. ]
NOTES:
Severability—1986 c 322: See note following RCW 10.19.090.
The surety on the bond may return to custody a person in a criminal case under the surety's bond if the surrender is accompanied by a notice of forfeiture or a notarized affidavit specifying the reasons for the surrender. The surrender shall be made to the county or city jail affiliated with the jurisdiction issuing the warrant resulting in bail. Upon surrender, a person must be held until the next judicial day or until another bond is posted.
[ 2017 c 78 s 1; 1986 c 322 s 5. ]
NOTES:
Severability—1986 c 322: See note following RCW 10.19.090.
Notwithstanding CrR 3.2, a court who releases a defendant arrested or charged with a violent offense as defined in RCW 9.94A.030 on the offender's personal recognizance or personal recognizance with conditions must state on the record the reasons why the court did not require the defendant to post bail.
[ 1996 c 181 s 1. ]
It is the intent of the legislature to enact a law for the purpose of reasonably assuring public safety in bail determination hearings and hearings pursuant to the proposed amendment to Article I, section 20 of the state Constitution set forth in House Joint Resolution No. 4220. Other provisions of law address matters relating to assuring the appearance of the defendant at trial and preventing interference with the administration of justice.
[ 2010 c 254 s 3. ]
NOTES:
Intent—2010 c 254: "The legislature intends by this act to require an individualized determination by a judicial officer of conditions of release for persons in custody for felony. This requirement is consistent with constitutional requirements and court rules regarding the right of a detained person to a prompt determination of probable cause and judicial review of the conditions of release and the requirement that judicial determinations of bail or release be made no later than the preliminary appearance stage." [ 2010 c 254 s 1.]
Contingent effective date—2010 c 254: "Sections 1 and 2 of this act take effect January 1, 2011. Sections 3 through 10 of this act take effect January 1, 2011, only if the proposed amendment to Article I, section 20 of the state Constitution proposed in House Joint Resolution No. 4220 is validly submitted to and is approved and ratified by the voters at the next general election. If the proposed amendment is not approved and ratified, sections 3 through 11 of this act are null and void in their entirety." [ 2010 c 254 s 14.] House Joint Resolution No. 4220 was approved and ratified by the voters November 2, 2010.
(1) Under this chapter, "pretrial release program" is any program in superior, district, or municipal court, either run directly by a county or city, or by a private or public entity through contract with a county or city, into whose custody an offender is released prior to trial and which agrees to supervise the offender. As used in this section, "supervision" includes, but is not limited to, work release, day monitoring, electronic monitoring, or participation in a 24/7 sobriety program.
(2) A pretrial release program may not agree to supervise, or accept into its custody, an offender who is currently awaiting trial for a violent offense or sex offense, as defined in RCW 9.94A.030, who has been convicted of one or more violent offenses or sex offenses in the ten years before the date of the current offense, unless the offender's release before trial was secured with a payment of bail.
[ 2018 c 276 s 2; 2015 2nd sp.s. c 3 s 20; 2014 c 24 s 1. ]
NOTES:
Findings—Intent—2018 c 276: "The legislature finds that bail and other pretrial release programs seek to alleviate the harsh consequences of pretrial detention. While the primary function of bail is to ensure an accused's appearance in court, courts are allowed to pursue other compelling interests through regulation of pretrial release. The legislature further finds that public safety is one such compelling interest and additional measures need to be taken to identify restrictions necessary to protect the public from harm through appropriate sanctions and compliance with court-ordered restrictions. The legislature further intends to require an individualized determination by a judicial officer of conditions of release for persons in custody. This requirement is consistent with constitutional requirements and court rules regarding the right of a detained person to a prompt determination of probable cause and judicial review of the conditions of release." [ 2018 c 276 s 1.]
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Under this chapter where a person charged with a felony offense is ordered to enter a program of home detention, "home detention" means any program meeting the definition of home detention in RCW 9.94A.030, and complying with the requirements of RCW 9.94A.736.
[ 2018 c 276 s 3; 2015 c 287 s 6. ]
NOTES:
Findings—Intent—2018 c 276: See note following RCW 10.21.015.
Upon the appearance before a judicial officer of a person charged with an offense, the judicial officer must issue an order that, pending trial, the person be:
(1) Released on personal recognizance;
(2) Released on a condition or combination of conditions ordered under RCW 10.21.030 or other provision of law;
(3) Temporarily detained as allowed by law; or
(4) Detained as provided under chapter 254, Laws of 2010.
[ 2010 c 254 s 4. ]
NOTES:
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.
(1) The judicial officer in any felony, misdemeanor, or gross misdemeanor case may at any time amend the order to impose additional or different conditions of release. The conditions imposed under this chapter supplement but do not supplant provisions of law allowing the imposition of conditions to assure the appearance of the defendant at trial or to prevent interference with the administration of justice.
(2) Appropriate conditions of release under this chapter include, but are not limited to, the following:
(a) The defendant may be placed in the custody of a pretrial release program;
(b) The defendant may have restrictions placed upon travel, association, or place of abode during the period of release;
(c) The defendant may be required to comply with a specified curfew;
(d) The defendant may be required to return to custody during specified hours or to be placed on electronic monitoring, as defined in RCW 9.94A.030, if available. The defendant, if convicted, may not have the period of incarceration reduced by the number of days spent on electronic monitoring;
(e) The defendant may be required to comply with a program of home detention. For a felony offense, home detention is defined in RCW 9.94A.030;
(f) The defendant may be prohibited from approaching or communicating in any manner with particular persons or classes of persons;
(g) The defendant may be prohibited from going to certain geographical areas or premises;
(h) The defendant may be prohibited from possessing any dangerous weapons or firearms;
(i) The defendant may be prohibited from possessing or consuming any intoxicating liquors or drugs not prescribed to the defendant. The defendant may be required to submit to testing to determine the defendant's compliance with this condition;
(j) The defendant may be prohibited from operating a motor vehicle that is not equipped with an ignition interlock device;
(k) The defendant may be required to report regularly to and remain under the supervision of an officer of the court or other person or agency; and
(l) The defendant may be prohibited from committing any violations of criminal law.
[ 2018 c 276 s 4; 2015 c 287 s 5; 2014 c 24 s 2; 2010 c 254 s 5. ]
NOTES:
Findings—Intent—2018 c 276: See note following RCW 10.21.015.
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.
PDFRCW 10.21.030
Conditions of release—Judicial officer may amend order. (Effective January 1, 2029.)
(1) The judicial officer in any felony, misdemeanor, or gross misdemeanor case may at any time amend the order to impose additional or different conditions of release. The conditions imposed under this chapter supplement but do not supplant provisions of law allowing the imposition of conditions to assure the appearance of the defendant at trial or to prevent interference with the administration of justice.
(2) Appropriate conditions of release under this chapter include, but are not limited to, the following:
(a) The defendant may be placed in the custody of a pretrial release program;
(b) The defendant may have restrictions placed upon travel, association, or place of abode during the period of release;
(c) The defendant may be required to comply with a specified curfew;
(d) The defendant may be required to return to custody during specified hours or to be placed on electronic monitoring, as defined in RCW 9.94A.030, if available. The defendant, if convicted, may not have the period of incarceration reduced by the number of days spent on electronic monitoring;
(e) The defendant may be required to comply with a program of home detention. For a felony offense, home detention is defined in RCW 9.94A.030;
(f) The defendant may be prohibited from approaching or communicating in any manner with particular persons or classes of persons;
(g) The defendant may be prohibited from going to certain geographical areas or premises;
(h) The defendant may be prohibited from possessing any dangerous weapons or firearms;
(i) The defendant may be prohibited from possessing or consuming any intoxicating liquors or drugs not prescribed to the defendant. The defendant may be required to submit to testing to determine the defendant's compliance with this condition;
(j) The defendant may be prohibited from operating a motor vehicle that is not equipped with an ignition interlock device;
(k) The defendant may be prohibited from operating a motor vehicle that is not equipped with an intelligent speed assistance device, as defined in RCW 46.04.218 and configured and programmed as provided in RCW 46.20.765(3);
(l) The defendant may be required to report regularly to and remain under the supervision of an officer of the court or other person or agency; and
(m) The defendant may be prohibited from committing any violations of criminal law.
[ 2025 c 228 s 11; 2018 c 276 s 4; 2015 c 287 s 5; 2014 c 24 s 2; 2010 c 254 s 5.]
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.
Findings—Intent—2018 c 276: See note following RCW 10.21.015.
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.
If, after a hearing on offenses prescribed in Article I, section 20 of the state Constitution, the judicial officer finds, by clear and convincing evidence, that a person shows a propensity for violence that creates a substantial likelihood of danger to the community or any persons, and finds that no condition or combination of conditions will reasonably assure the safety of any other person and the community, such judicial officer must order the detention of the person before trial. The detainee is entitled to expedited review of the detention order by the court of appeals under the writ provided in RCW 7.36.160.
[ 2010 c 254 s 6. ]
NOTES:
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.
A judicial officer in a municipal, district, or superior court imposing conditions of pretrial release for a defendant accused of a misdemeanor, gross misdemeanor, or felony offense, may prohibit the defendant from possessing or consuming any intoxicating liquors or drugs not prescribed to the defendant, and require the defendant to submit to testing to determine the defendant's compliance with this condition, when the judicial officer determines that such condition is necessary to protect the public from harm.
[ 2018 c 276 s 6. ]
NOTES:
Findings—Intent—2018 c 276: See note following RCW 10.21.015.
The judicial officer in any felony, misdemeanor, or gross misdemeanor case must, in determining whether there are conditions of release that will reasonably assure the safety of any other person and the community, take into account the available information concerning:
(1) The nature and circumstances of the offense charged, including whether the offense is a crime of violence;
(2) The weight of the evidence against the defendant; and
(3) The history and characteristics of the defendant, including:
(a) The defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings;
(b) Whether, at the time of the current offense or arrest, the defendant was on community supervision, probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal, state, or local law;
(c) The nature and seriousness of the danger to any person or the community that would be posed by the defendant's release; and
(d) The defendant's firearms history, including purchase history, any concealed pistol license history, and the requirements of RCW 9.41.800 regarding issuance of an order to surrender and prohibit weapons.
[ 2023 c 462 s 406; 2018 c 276 s 5; 2010 c 254 s 7. ]
NOTES:
Findings—Intent—2018 c 276: See note following RCW 10.21.015.
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.
(1)(a) When any person charged with a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, in which the person has a prior offense as defined in RCW 46.61.5055 and the current offense involves alcohol, is released from custody at arraignment or trial on bail or personal recognizance, the court authorizing the release shall require, as a condition of release that person comply with one of the following four requirements:
(i) Have a functioning ignition interlock device installed on all motor vehicles operated by the person, with proof of installation filed with the court by the person or the certified interlock provider within five business days of the date of release from custody or as soon thereafter as determined by the court based on availability within the jurisdiction; or
(ii) Comply with 24/7 sobriety program monitoring, as defined in RCW 36.28A.330; or
(iii) Have an ignition interlock device on all motor vehicles operated by the person pursuant to (a)(i) of this subsection and submit to 24/7 sobriety program monitoring pursuant to (a)(ii) of this subsection, if available, or alcohol monitoring, at the expense of the person, as provided in RCW 46.61.5055(5) (b) and (c); or
(iv) Have an ignition interlock device on all motor vehicles operated by the person and that such person agrees not to operate any motor vehicle without an ignition interlock device as required by the court. Under this subsection (1)(a)(iv), the person must file a sworn statement with the court upon release at arraignment that states the person will not operate any motor vehicle without an ignition interlock device while the ignition interlock restriction is imposed by the court. Such person must also submit to 24/7 sobriety program monitoring pursuant to (a)(ii) of this subsection, if available, or alcohol monitoring, at the expense of the person, as provided in RCW 46.61.5055(5) (b) and (c).
(b) The court shall immediately notify the department of licensing when an ignition interlock restriction is imposed as a condition of release or after conviction in instances where a person is charged with, or convicted of, a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. If the court imposes an ignition interlock restriction, the department of licensing shall attach or imprint a notation on the driving record of any person restricted under this section stating that the person may operate only a motor vehicle equipped with a functioning ignition interlock device.
(2)(a) Upon acquittal or dismissal of all pending or current charges relating to a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, or equivalent local ordinance, the court shall authorize removal of the ignition interlock device and lift any requirement to comply with electronic alcohol/drug monitoring imposed under subsection (1) of this section. Nothing in this section limits the authority of the court or department under RCW 46.20.720.
(b) If the court authorizes removal of an ignition interlock device imposed under this section, the court shall immediately notify the department of licensing regarding the lifting of the ignition interlock restriction and the department of licensing shall release any attachment, imprint, or notation on such person's driving record relating to the ignition interlock requirement imposed under this section.
(3) When an ignition interlock restriction imposed as a condition of release is canceled, the court shall provide a defendant with a written order confirming release of the restriction. The written order shall serve as proof of release of the restriction until which time the department of licensing updates the driving record.
[ 2020 c 330 s 3; 2016 c 203 s 16; 2015 2nd sp.s. c 3 s 2; 2013 2nd sp.s. c 35 s 1. ]
NOTES:
Effective date—2020 c 330: See note following RCW 9.94A.729.
Finding—Intent—2015 2nd sp.s. c 3: "The legislature finds that impaired driving continues to be a significant cause of motor vehicle crashes and that additional measures need to be taken to identify people who are driving under the influence, provide appropriate sanctions, and ensure compliance with court-ordered restrictions. The legislature intends to increase the availability of forensic phlebotomists so that offenders can be appropriately and efficiently identified. The legislature further intends to require consecutive sentencing in certain cases to increase punishment and supervision of offenders. The legislature intends to clarify ignition interlock processes and requirements to ensure that those offenders ordered to have ignition interlock devices do not drive vehicles without the required devices." [ 2015 2nd sp.s. c 3 s 1.]
(1) The judicial officer must hold a hearing in cases involving offenses prescribed in Article I, section 20, to determine whether any condition or combination of conditions will reasonably assure the safety of any other person and the community upon motion of the attorney for the government.
(2) The hearing must be held immediately upon the defendant's first appearance before the judicial officer unless the defendant, or the attorney for the government, seeks a continuance. Except for good cause, a continuance on motion of such person may not exceed five days (not including any intermediate Saturday, Sunday, or legal holiday), and a continuance on motion of the attorney for the government may not exceed three days (not including any intermediate Saturday, Sunday, or legal holiday). During a continuance, such person must be detained.
(3) At the hearing, such defendant has the right to be represented by counsel, and, if financially unable to obtain representation, to have counsel appointed. The defendant must be afforded an opportunity to testify, to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information by proffer or otherwise. The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing. The facts the judicial officer uses to support a finding that no condition or combination of conditions will reasonably assure the safety of any other person and the community must be supported by clear and convincing evidence of a propensity for violence that creates a substantial likelihood of danger to the community or any persons.
(4) The defendant may be detained pending completion of the hearing. The hearing may be reopened, before or after a determination by the judicial officer, at any time before trial if the judicial officer finds that information exists that was not known to the movant at the time of the hearing and that has a material bearing on the issue whether there are conditions of release that will reasonably assure the safety of any other person and the community.
[ 2010 c 254 s 8. ]
NOTES:
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.
In a release order issued under RCW 10.21.030 the judicial officer must:
(1) Include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the defendant's conduct; and
(2) Advise the defendant of:
(a) The penalties for violating a condition of release, including the penalties for committing an offense while on pretrial release; and
(b) The consequences of violating a condition of release, including the immediate issuance of a warrant for the defendant's arrest.
[ 2010 c 254 s 9. ]
NOTES:
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.
(1) In a detention order issued under RCW 10.21.040, the judicial officer must:
(a) Include written findings of fact and a written statement of the reasons for the detention;
(b) Direct that the person be committed to the custody of the appropriate correctional authorities for confinement separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal; and
(c) Direct that the person be afforded reasonable opportunity for private consultation with counsel.
(2) The judicial officer may, by subsequent order, permit the temporary release of the person, in the custody of an appropriate law enforcement officer or other appropriate person, to the extent that the judicial officer determines such release to be necessary for preparation of the person's defense or for another compelling reason.
[ 2010 c 254 s 10. ]
NOTES:
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.
A monitoring agency, as defined in RCW 9.94A.736, may not agree to monitor pursuant to home detention or electronic monitoring an offender who is currently awaiting trial for a violent or sex offense, as defined in RCW 9.94A.030, unless the defendant's release before trial is secured with a payment of bail. If bail is revoked by the court or the bail bond agency, the court shall note the reason for the revocation in the court file.
[ 2015 c 287 s 12. ]
Nothing in this chapter may be construed as modifying or limiting the presumption of innocence.
[ 2010 c 254 s 11. ]
NOTES:
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.
When a defendant is prosecuted in a criminal action for a misdemeanor, other than a violation of RCW 9A.48.105, for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in RCW 10.22.020, except when it was committed:
(1) By or upon an officer while in the execution of the duties of his or her office;
(2) Riotously;
(3) With an intent to commit a felony; or
(4) By one family or household member against another or by one intimate partner against another as defined in RCW 10.99.020 and was a crime of domestic violence as defined in RCW 10.99.020.
[ 2021 c 215 s 117; 2020 c 29 s 9; 2010 c 8 s 1015; 2008 c 276 s 308; 1999 c 143 s 45; 1989 c 411 s 3; Code 1881 s 1040; 1854 p 115 s 84; RRS s 2126. FORMER PART OF SECTION: Code 1881 s 1935; 1873 p 397 s 234; 1854 p 109 s 42; RRS s 1964, now codified as RCW 10.16.135. ]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2020 c 29: See note following RCW 7.77.060.
Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200.
In such case, if the party injured appear in the court in which the cause is pending at any time before the final judgment therein, and acknowledge, in writing, that he or she has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be discontinued and the defendant to be discharged. The reasons for making the order must be set forth therein and entered in the minutes. Such order is a bar to another prosecution for the same offense.
[ 2010 c 8 s 1016; 1891 c 28 s 63; Code 1881 ss 1041, 1042; 1873 p 230 s 220; 1854 p 115 s 84; RRS s 2127. ]
No offense can be compromised, nor can any proceedings for the prosecution or punishment thereof be stayed upon a compromise, except as provided in this chapter.
[ 1891 c 28 s 64; Code 1881 s 1043; RRS s 2128. ]
Perjury committed outside of the state of Washington in a statement, declaration, verification, or certificate authorized by chapter 5.50 RCW is punishable in the county in this state in which occurs the act, transaction, matter, action, or proceeding, in relation to which the statement, declaration, verification, or certification was given or made.
[ 2019 c 232 s 11; 1981 c 187 s 4. ]
The defendant may show to the court, by affidavit, that he or she believes he or she cannot receive a fair trial in the county where the action is pending, owing to the prejudice of the judge, or to excitement or prejudice against the defendant in the county or some part thereof, and may thereupon demand to be tried in another county. The application shall not be granted on the ground of excitement or prejudice other than prejudice of the judge, unless the affidavit of the defendant be supported by other evidence, nor in any case unless the judge is satisfied the ground upon which the application is made does exist.
[ 2010 c 8 s 1017; 1891 c 28 s 7; Code 1881 s 1072; 1854 p 117 s 98; RRS s 2018. ]
When a criminal case is transferred to another county pursuant to this chapter the county from which such case is transferred shall pay to the county in which the case is tried all costs accrued for per diem and mileage for jurors and witnesses and all other costs properly charged to a convicted defendant.
[ 1961 c 303 s 2. ]
When a change of venue is ordered and the court, upon motion to transfer a jury or in the absence of such motion, determines that it would be more economical to move the jury than to move the pending action and that justice will be served, a change of venue shall be accomplished by the selection of a jury in the county to which the venue would otherwise have been transferred and the selected jury moved to the county where the indictment or information was filed.
[ 1981 c 205 s 1. ]
This chapter shall be known as the criminal investigatory act of 1971 and is enacted on behalf of the people of the state of Washington to serve law enforcement in combating crime and corruption.
[ 1971 ex.s. c 67 s 1. ]
For the purposes of this chapter:
(1) The term "court" shall mean any superior court in the state of Washington.
(2) The term "public attorney" shall mean the prosecuting attorney of the county in which a grand jury or special grand jury is impaneled; the attorney general of the state of Washington when acting pursuant to RCW 10.27.070(9) and, the special prosecutor appointed by the governor, pursuant to RCW 10.27.070(10), and their deputies or special deputies.
(3) The term "indictment" shall mean a written accusation found by a grand jury.
(4) The term "principal" shall mean any person whose conduct is being investigated by a grand jury or special inquiry judge.
(5) The term "witness" shall mean any person summoned to appear before a grand jury or special inquiry judge to answer questions or produce evidence.
(6) A "grand jury" consists of twelve persons, is impaneled by a superior court and constitutes a part of such court. The functions of a grand jury are to hear, examine and investigate evidence concerning criminal activity and corruption and to take action with respect to such evidence. The grand jury shall operate as a whole and not by committee.
(7) A "special inquiry judge" is a superior court judge designated by a majority of the superior court judges of a county to hear and receive evidence of crime and corruption.
[ 1988 c 188 s 16; 1971 ex.s. c 67 s 2. ]
NOTES:
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.
No grand jury shall be summoned to attend at the superior court of any county except upon an order signed by a majority of the judges thereof. A grand jury shall be summoned by the court, where the public interest so demands, whenever in its opinion there is sufficient evidence of criminal activity or corruption within the county or whenever so requested by a public attorney, corporation counsel or city attorney upon showing of good cause.
[ 1971 ex.s. c 67 s 3. ]
Members of the grand jury shall be selected in the manner provided in chapter 2.36 RCW.
[ 1988 c 188 s 17; 1971 ex.s. c 67 s 4. ]
NOTES:
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.
In every county a superior court judge as designated by a majority of the judges shall be available to serve as a special inquiry judge to hear evidence concerning criminal activity and corruption.
[ 1971 ex.s. c 67 s 5. ]
Neither the grand jury panel nor any individual grand juror may be challenged, but the court may:
(1) At any time before a grand jury is sworn discharge the panel and summon another if it finds that the original panel does not substantially conform to the requirements of chapter 2.36 RCW; or
(2) At any time after a grand juror is drawn, refuse to swear him or her, or discharge him or her after he or she has been sworn, upon a finding that he or she is disqualified from service pursuant to chapter 2.36 RCW, or incapable of performing his or her duties because of bias or prejudice, or guilty of misconduct in the performance of his or her duties such as to impair the proper functioning of the grand jury.
[ 2010 c 8 s 1018; 1971 ex.s. c 67 s 6. ]
(1) When the grand jury is impaneled, the court shall appoint one of the jurors to be foreperson, and also another of the jurors to act as foreperson in case of the absence of the foreperson.
(2) The grand jurors must be sworn pursuant to the following oath: "You, as grand jurors for the county of . . . . . ., do solemnly swear (or affirm) that you will diligently inquire into and true presentment make of all such matters and things as shall come to your knowledge and you will submit things truly as they come to your knowledge, according to your charge the laws of this state and your understanding; you shall indict no person through envy, hatred, malice or political consideration; neither will you leave any person unindicted through fear, favor, affection, reward or the hope thereof or political consideration. The counsel of the state, his or her advice, and that of your fellows you shall keep secret."
(3) After a grand jury has been sworn, the court must deliver or cause to be delivered to each grand juror a printed copy of all the provisions of this chapter, and the court may give the grand jurors any oral or written instructions, or both, relating to the proper performance of their duties at any time it deems necessary or appropriate.
(4) The court shall appoint a reporter to record the proceedings before the grand jury or special inquiry judge, and shall swear him or her not to disclose any testimony or the name of any witness except as provided in RCW 10.27.090. In addition, the foreperson of the grand jury may, in his or her discretion, select one of the grand jurors to act as secretary to keep records of the grand jury's business.
(5) The court, whenever necessary, shall appoint an interpreter, and shall swear him or her not to disclose any testimony or the name of any witness except as provided in RCW 10.27.090.
(6) When a person held in official custody is a witness before a grand jury or special inquiry judge, a public servant, assigned to guard him or her during his or her appearance may accompany him or her. The court shall swear such public servant not to disclose any testimony or the name of any witness except as provided in RCW 10.27.090.
(7) Proceedings of a grand jury shall not be valid unless at least twelve of its members are present. The foreperson or acting foreperson of the grand jury shall conduct proceedings in an orderly manner and shall administer an oath or affirmation in the manner prescribed by law to any witness who shall testify before the grand jury.
(8) The legal advisers of a grand jury are the court and public attorneys, and a grand jury may not seek or receive legal advice from any other source. When necessary or appropriate, the court or public attorneys or both must instruct the grand jury concerning the law with respect to its duties or any matter before it, and such instructions shall be recorded by the reporter.
(9)(a) Upon request of the prosecuting attorney of the county in which a grand jury or special inquiry judge is impaneled, the attorney general shall assist such prosecuting attorney in attending such grand jury or special inquiry judge.
(b) Whenever directed by the court, the attorney general shall supersede the prosecuting attorney in attending the grand jury and in which event the attorney general shall be responsible for the prosecution of any indictment returned by the grand jury.
(c) When the attorney general is conducting a criminal investigation pursuant to powers otherwise granted to him or her, he or she shall attend all grand juries or special inquiry judges in relation thereto and shall prosecute any indictments returned by a grand jury.
(10) After consulting with the court and receiving its approval, the grand jury may request the governor to appoint a special prosecutor to attend the grand jury. The grand jury shall in the request nominate three persons approved by the court. From those nominated, the governor shall appoint a special prosecutor, who shall supersede the prosecuting attorney and the attorney general and who shall be responsible for the prosecution of any indictments returned by the grand jury attended by him or her.
(11) A public attorney shall attend the grand jurors when requested by them, and he or she may do so on his or her own motion within the limitations of RCW 10.27.020(2), 10.27.070(9) and 10.27.070(10) hereof, for the purpose of examining witnesses in their presence, or of giving the grand jurors legal advice regarding any matter cognizable by them. He or she shall also, when requested by them, draft indictments and issue process for the attendance of witnesses.
(12) Subject to the approval of the court, the corporation counsel or city attorney for any city or town in the county where any grand jury has been convened may appear as a witness before the grand jury to advise the grand jury of any criminal activity or corruption within his or her jurisdiction.
[ 2010 c 8 s 1019; 1971 ex.s. c 67 s 7. ]
No person shall be present at sessions of the grand jury or special inquiry judge except the witness under examination and his or her attorney, public attorneys, the reporter, an interpreter, a public servant guarding a witness who has been held in custody, if any, and, for the purposes provided for in RCW 10.27.170, any corporation counsel or city attorney. The attorney advising the witness shall only advise such witness concerning his or her right to answer or not answer any questions and the form of his or her answer and shall not otherwise engage in the proceedings. No person other than grand jurors shall be present while the grand jurors are deliberating or voting. Any person violating either of the above provisions may be held in contempt of court.
[ 2010 c 8 s 1020; 1971 ex.s. c 67 s 8. ]
(1) Every member of the grand jury shall keep secret whatever he, she, or any other grand juror has said, and how he, she, or any other grand juror has voted, except for disclosure of indictments, if any, as provided in RCW 10.27.150.
(2) No grand juror shall be permitted to state or testify in any court how he, she, or any other grand juror voted on any question before them or what opinion was expressed by himself, herself, or any other grand juror regarding such question.
(3) No grand juror, public or private attorney, city attorney or corporation counsel, reporter, interpreter or public servant who held a witness in custody before a grand jury or special inquiry judge, or witness, principal or other person shall disclose the testimony of a witness examined before the grand jury or special inquiry judge or other evidence received by it, except when required by the court to disclose the testimony of the witness examined before the grand jury or special inquiry judge for the purpose of ascertaining whether it is consistent with that of the witness given before the court, or to disclose his or her testimony given before the grand jury or special inquiry judge by any person upon a charge against such person for perjury in giving his or her testimony or upon trial therefor, or when permitted by the court in furtherance of justice.
(4) The public attorney shall have access to all grand jury and special inquiry judge evidence and may introduce such evidence before any other grand jury or any trial in which the same may be relevant.
(5) The court upon a showing of good cause may make any or all grand jury or special inquiry judge evidence available to any other public attorney, prosecuting attorney, city attorney or corporation counsel upon proper application and with the concurrence of the public attorney attending such grand jury. Any witness' testimony, given before a grand jury or a special inquiry judge and relevant to any subsequent proceeding against the witness, shall be made available to the witness upon proper application to the court. The court may also, upon proper application and upon a showing of good cause, make available to a defendant in a subsequent criminal proceeding other testimony or evidence:
(a) When given or presented before a special inquiry judge, if doing so is in the furtherance of justice; or
(b) When given or presented before a grand jury, if the court finds that doing so is necessary to prevent an injustice and that there is no reason to believe that doing so would endanger the life or safety of any witness or his or her family. The cost of any such transcript made available shall be borne by the applicant.
[ 2010 c 8 s 1021; 1971 ex.s. c 67 s 9. ]
The grand jurors shall inquire into every offense triable within the county for which any person has been held to answer, if an indictment has not been found or an information filed in such case, and all other indictable offenses within the county which are presented to them by a public attorney or otherwise come to their knowledge. If a grand juror knows or has reason to believe that an indictable offense, triable within the county, has been committed, he or she shall declare such a fact to his or her fellow jurors who may begin an investigation. In such investigation the grand juror may be sworn as a witness.
[ 2010 c 8 s 1022; 1971 ex.s. c 67 s 10. ]
The length of time which a grand jury may sit after being convened shall not exceed sixty days. Before expiration of the sixty day period and any extensions, and upon showing of good cause, the court may order the grand jury panel extended for a period not to exceed sixty days.
[ 1971 ex.s. c 67 s 11. ]
Any individual called to testify before a grand jury or special inquiry judge, whether as a witness or principal, if not represented by an attorney appearing with the witness before the grand jury or special inquiry judge, must be told of his or her privilege against self-incrimination. Such an individual has a right to representation by an attorney to advise him or her as to his or her rights, obligations, and duties before the grand jury or special inquiry judge, and must be informed of this right. The attorney may be present during all proceedings attended by his or her client unless immunity has been granted pursuant to RCW 10.27.130. After immunity has been granted, such an individual may leave the grand jury room to confer with his or her attorney.
[ 2010 c 8 s 1023; 1971 ex.s. c 67 s 12. ]
If in any proceedings before a grand jury or special inquiry judge, a person refuses, or indicates in advance a refusal, to testify or provide evidence of any other kind on the ground that he or she may be incriminated thereby, and if a public attorney requests the court to order that person to testify or provide the evidence, the court shall then hold a hearing and shall so order unless it finds that to do so would be clearly contrary to the public interest, and that person shall comply with the order. The hearing shall be subject to the provisions of RCW 10.27.080 and 10.27.090, unless the witness shall request that the hearing be public.
If, but for this section, he or she would have been privileged to withhold the answer given or the evidence produced by him or her, the witness may not refuse to comply with the order on the basis of his or her privilege against self-incrimination; but he or she shall not be prosecuted or subjected to criminal penalty or forfeiture for or on account of any transaction, matter, or fact concerning which he or she has been ordered to testify pursuant to this section. He or she may nevertheless be prosecuted for failing to comply with the order to answer, or for perjury or for offering false evidence to the grand jury.
[ 2010 c 8 s 1024; 1971 ex.s. c 67 s 13. ]
(1) Except as provided in this section, no person has the right to appear as a witness in a grand jury or special inquiry judge proceeding.
(2) A public attorney may call as a witness in a grand jury or special inquiry judge proceeding any person believed by him or her to possess information or knowledge relevant thereto and may issue legal process and subpoena to compel his or her attendance and the production of evidence.
(3) The grand jury or special inquiry judge may cause to be called as a witness any person believed by it to possess relevant information or knowledge. If the grand jury or special inquiry judge desires to hear any such witness who was not called by a public attorney, it may direct a public attorney to issue and serve a subpoena upon such witness and the public attorney must comply with such direction. At any time after service of such subpoena and before the return date thereof, however, the public attorney may apply to the court which impaneled the grand jury for an order vacating or modifying the subpoena on the grounds that such is in the public interest. Upon such application, the court may in its discretion vacate the subpoena, extend its return date, attach reasonable conditions to directions, or make such other qualification thereof as is appropriate.
(4) The proceedings to summon a person and compel him or her to testify or provide evidence shall as far as possible be the same as proceedings to summon witnesses and compel their attendance. Such persons shall receive only those fees paid witnesses in superior court criminal trials.
[ 2010 c 8 s 1025; 1971 ex.s. c 67 s 14. ]
After hearing, examining, and investigating the evidence before it, a grand jury may, in its discretion, issue an indictment against a principal. A grand jury shall find an indictment only when from all the evidence at least three-fourths of the jurors are convinced that there is probable cause to believe a principal is guilty of a criminal offense. When an indictment is found by a grand jury the foreperson or acting foreperson shall present it to the court.
[ 2010 c 8 s 1026; 1971 ex.s. c 67 s 15. ]
The grand jury may prepare its conclusions, recommendations and suggestions in the form of a grand jury report. Such report shall be released to the public only upon a determination by a majority of the judges of the superior court of the county court that (1) the findings in the report deal with matters of broad public policy affecting the public interest and do not identify or criticize any individual; (2) the release of the report would be consistent with the public interest and further the ends of justice; and (3) release of the report would not prejudice any pending criminal investigation or trial.
[ 1971 ex.s. c 67 s 16. ]
(1) When any public attorney, corporation counsel or city attorney has reason to suspect crime or corruption, within the jurisdiction of such attorney, and there is reason to believe that there are persons who may be able to give material testimony or provide material evidence concerning such suspected crime or corruption, such attorney may petition the judge designated as a special inquiry judge pursuant to RCW 10.27.050 for an order directed to such persons commanding them to appear at a designated time and place in said county and to then and there answer such questions concerning the suspected crime or corruption as the special inquiry judge may approve, or provide evidence as directed by the special inquiry judge.
(2) Upon petition of a prosecuting attorney for the establishment of a special inquiry judge proceeding in an investigation of sexual exploitation of children under RCW 10.112.010, the court shall establish the special inquiry judge proceeding, if appropriate, as soon as practicable but no later than seventy-two hours after the filing of the petition.
[ 2017 c 114 s 3; 1971 ex.s. c 67 s 17. ]
NOTES:
Findings—2017 c 114: See note following RCW 10.112.010.
The judge serving as a special inquiry judge shall be disqualified from acting as a magistrate or judge in any subsequent court proceeding arising from such inquiry except alleged contempt for neglect or refusal to appear, testify or provide evidence at such inquiry in response to an order, summons or subpoena.
[ 1971 ex.s. c 67 s 18. ]
Upon petition of a public attorney to the special inquiry judge that there is reason to suspect that there exists evidence of crime and corruption in another county, and with the concurrence of the special inquiry judge and prosecuting attorney of the other county, the special inquiry judge may direct the public attorney to attend and participate in special inquiry judge proceedings in the other county held to inquire into crime and corruption which relates to crime or corruption under investigation in the initiating county. The proceedings of such special inquiry judge may be transcribed, certified and filed in the county of the public attorney's jurisdiction at the expense of that county.
[ 1971 ex.s. c 67 s 19. ]
This chapter shall be known and may be cited as the Statewide Special Inquiry Judge Act.
[ 1980 c 146 s 1. ]
It is the intent of the legislature in enacting this chapter to strengthen and enhance the ability of the state to detect and eliminate organized criminal activity.
[ 1980 c 146 s 2. ]
A statewide special inquiry judge shall have the following powers and duties:
(1) To hear and receive evidence of crime and corruption.
(2) To appoint a reporter to record the proceedings; and to swear the reporter not to disclose any testimony or the name of any witness except as provided in RCW 10.27.090.
(3) Whenever necessary, to appoint an interpreter, and to swear him or her not to disclose any testimony or the name of any witness except as provided in RCW 10.27.090.
(4) When a person held in official custody is a witness before a statewide special inquiry judge, a public servant, assigned to guard him or her during his or her appearance may accompany him or her. The statewide special inquiry judge shall swear such public servant not to disclose any testimony or the name of any witness except as provided in RCW 10.27.090.
(5) To cause to be called as a witness any person believed by him or her to possess relevant information or knowledge. If the statewide special inquiry judge desires to hear any such witness who was not called by the special prosecutor, it may direct the special prosecutor to issue and serve a subpoena upon such witness and the special prosecutor must comply with such direction. At any time after service of such subpoena and before the return date thereof, however, the special prosecutor may apply to the statewide special inquiry judge for an order vacating or modifying the subpoena on the grounds that such is in the public interest. Upon such application, the statewide special inquiry judge may in its discretion vacate the subpoena, extend its return date, attach reasonable conditions to directions, or make such other qualification thereof as is appropriate.
(6) Upon a showing of good cause may make available any or all evidence obtained to any other public attorney, prosecuting attorney, city attorney, or corporation counsel upon proper application and with the concurrence of the special prosecutor. Any witness' testimony, given before a statewide special inquiry judge and relevant to any subsequent proceeding against the witness, shall be made available to the witness upon proper application to the statewide special inquiry judge. The statewide special inquiry judge may also, upon proper application and upon a showing of good cause, make available to a defendant in a subsequent criminal proceeding other testimony or evidence when given or presented before a special inquiry judge, if doing so is in the furtherance of justice.
(7) Have authority to perform such other duties as may be required to effectively implement this chapter, in accord with rules adopted by the supreme court relating to these proceedings.
(8) Have authority to hold in contempt of court any person who shall disclose the name or testimony of a witness examined before a statewide special inquiry judge except when required by a court to disclose the testimony given before such statewide special inquiry judge in a subsequent criminal proceeding.
[ 2010 c 8 s 1027; 1980 c 146 s 5. ]
Any witness who shall disclose the fact that he or she has been called as a witness before a statewide special inquiry judge or who shall disclose the nature of the testimony given shall be guilty of a misdemeanor.
[ 1980 c 146 s 6. ]
The supreme court shall develop and adopt rules to govern the procedures of a statewide special inquiry judge proceeding including rules assuring the confidentiality of all proceedings, testimony, and the identity of persons called as witnesses. The adoption of such rules shall be subject to the approval of such rules by the senate and house judiciary committees.
[ 1980 c 146 s 7. ]
Whenever a statewide special inquiry judge or special prosecutor appointed under this chapter dies or in any other way is rendered incapable of continuing the duties of his or her office, a successor shall be appointed to serve for the remainder of the judge's or prosecutor's term in the manner provided for by *RCW 10.29.030 and 10.29.080 for the appointment of statewide special inquiry judges and special prosecutors.
[ 1980 c 146 s 10. ]
NOTES:
*Reviser's note: RCW 10.29.030 and 10.29.080 were repealed by 2009 c 560 s 24.
The special prosecutor or his or her designee shall:
(1) Attend all proceedings of the statewide special inquiry judge;
(2) Have the authority to issue subpoenas for witnesses statewide;
(3) Examine witnesses, present evidence, draft reports as directed by the statewide special inquiry judge, and draft and file informations under RCW 10.29.120.
[ 2010 c 8 s 1028; 1980 c 146 s 11. ]
(1) The special prosecutor shall advise the county prosecuting attorney in any affected county of the nature of the statewide special inquiry judge investigation and of any informations arising from such proceedings unless such disclosures will create a substantial likelihood of a conflict of interest for the county prosecuting attorney.
(2) The special prosecutor may file and prosecute an information in the county where proper venue lies, after having advised the county prosecuting attorney as provided in this section and determined that such prosecuting attorney does not intend to do so, or pursuant to an agreement between them that the special prosecutor shall do so.
(3) Informations filed and prosecuted pursuant to this chapter shall meet the requirements of chapter 10.37 RCW.
(4) The expenses of prosecutions initiated and maintained by the special prosecutor shall be paid as part of the statewide special inquiry judge program as provided in *RCW 10.29.090.
[ 1980 c 146 s 12. ]
NOTES:
*Reviser's note: RCW 10.29.090 was repealed by 2009 c 560 s 24.
The judge serving as a special inquiry judge shall be disqualified from acting as a magistrate or judge in any subsequent court proceeding arising from such inquiry except alleged contempt for neglect or refusal to appear, testify, or provide evidence at such inquiry in response to an order, summons, or subpoena.
[ 1980 c 146 s 13. ]
The officer making an arrest must inform the defendant that he or she acts under authority of a warrant, and must also show the warrant: PROVIDED, That if the officer does not have the warrant in his or her possession at the time of arrest he or she shall declare that the warrant does presently exist and will be shown to the defendant as soon as possible on arrival at the place of intended confinement: PROVIDED, FURTHER, That any officer making an arrest under this section shall, if the person arrested wishes to deposit bail, take such person directly and without delay before a judge or before an officer authorized to take the recognizance and justify and approve the bail, including the deposit of a sum of money equal to bail. Bail shall be the amount fixed by the warrant. Such judge or authorized officer shall hold bail for the legal authority within this state which issued such warrant if other than such arresting authority.
[ 2010 c 8 s 1029; 1970 ex.s. c 49 s 3; 1891 c 28 s 43; Code 1881 s 1030; 1873 p 229 s 210; 1854 p 114 s 74; RRS s 2083. ]
NOTES:
Severability—1970 ex.s. c 49: See note following RCW 9.69.100.
Bail: Chapter 10.19 RCW.
(1) To make an arrest in criminal actions, the officer may break open any outer or inner door, or windows of a dwelling house or other building, or any other enclosure, if, after notice of his or her office and purpose, he or she be refused admittance.
(2) An officer may not seek and a court may not issue a search or arrest warrant granting an express exception to the requirement for the officer to provide notice of his or her office and purpose when executing the warrant.
[ 2021 c 320 s 8; 2010 c 8 s 1030; Code 1881 s 1170; 1854 p 129 s 179; RRS s 2082. ]
Whenever any person or persons shall have been indicted or accused on oath of any public offense, or thereof convicted, and a warrant of arrest shall have been issued, the magistrate issuing such warrant, or any justice of the supreme court, or any judge of either the court of appeals or superior court may indorse thereon an order signed by him or her and authorizing the service thereof by telegraph or teletype, and thereupon such warrant and order may be sent by telegraph or teletype to any marshal, sheriff, constable or police officer, and on the receipt of the telegraphic or teletype copy thereof by any such officer, he or she shall have the same authority and be under the same obligations to arrest, take into custody and detain the said person or persons, as if the said original warrant of arrest, with the proper direction for the service thereof, duly indorsed thereon, had been placed in his or her hands, and the said telegraphic or teletype copy shall be entitled to full faith and credit, and have the same force and effect in all courts and places as the original; but prior to indictment and conviction, no such order shall be made by any officer, unless in his or her judgment there is probable cause to believe the said accused person or persons guilty of the offense charged: PROVIDED, That the making of such order by any officer aforesaid, shall be prima facie evidence of the regularity thereof, and of all the proceedings prior thereto. The original warrant and order, or a copy thereof, certified by the officer making the order, shall be preserved in the telegraph office or police agency from which the same is sent, and in telegraphing or teletyping the same, the original or the said certified copy may be used.
[ 2010 c 8 s 1032; 1971 c 81 s 48; 1967 c 91 s 1; Code 1881 s 2357; 1865 p 75 s 16; RRS s 2081. Formerly RCW 10.31.060 through 10.31.090. ]
A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of an officer, except as provided in subsections (1) through (11) of this section.
(1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the person.
(2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
(a) A domestic violence protection order, a sexual assault protection order, a stalking protection order, or a vulnerable adult protection order has been issued, of which the person has knowledge, under chapter 7.105 RCW, or an order has been issued, of which the person has knowledge, under RCW 26.44.063, or chapter 9A.40, 9A.46, 9A.88, 10.99, 26.09, 26.26A, 26.26B, or 74.34 RCW, or any of the former chapters 7.90, 7.92, and 26.50 RCW, restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence, or restraining the person from going onto the grounds of, or entering, a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, a protected party's person, or a protected party's vehicle, or requiring the person to submit to electronic monitoring, or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person;
(b) An extreme risk protection order has been issued against the person under chapter 7.105 RCW or former RCW 7.94.040, the person has knowledge of the order, and the person has violated the terms of the order prohibiting the person from having in the person's custody or control, purchasing, possessing, accessing, or receiving a firearm or concealed pistol license;
(c) A foreign protection order, as defined in RCW 26.52.010, or a Canadian domestic violence protection order, as defined in RCW 26.55.010, has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order or the Canadian domestic violence protection order prohibiting the person under restraint from contacting or communicating with another person, or excluding the person under restraint from a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, a protected party's person, or a protected party's vehicle, or a violation of any provision for which the foreign protection order or the Canadian domestic violence protection order specifically indicates that a violation will be a crime; or
(d) The person is eighteen years or older and within the preceding four hours has assaulted a family or household member or intimate partner as defined in RCW 10.99.020 and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that family or household members or intimate partners have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary aggressor. In making this determination, the officer shall make every reasonable effort to consider: (A) The intent to protect victims of domestic violence under RCW 10.99.010; (B) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (C) the history of domestic violence of each person involved, including whether the conduct was part of an ongoing pattern of abuse.
(3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:
(a) RCW 46.52.010, relating to duty on striking an unattended car or other property;
(b) RCW 46.52.020, relating to duty in case of injury to, or death of, a person or damage to an attended vehicle;
(c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;
(d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;
(e) RCW 46.61.503 or 46.25.110, relating to persons having alcohol or THC in their system;
(f) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;
(g) RCW 46.61.5249, relating to operating a motor vehicle in a negligent manner.
(4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed, in connection with the accident, a violation of any traffic law or regulation.
(5)(a) A law enforcement officer investigating at the scene of a motor vessel accident may arrest the operator of a motor vessel involved in the accident if the officer has probable cause to believe that the operator has committed, in connection with the accident, a criminal violation of chapter 79A.60 RCW.
(b) A law enforcement officer investigating at the scene of a motor vessel accident may issue a citation for an infraction to the operator of a motor vessel involved in the accident if the officer has probable cause to believe that the operator has committed, in connection with the accident, a violation of any boating safety law of chapter 79A.60 RCW.
(6) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 79A.60.040 shall have the authority to arrest the person.
(7) An officer may act upon the request of a law enforcement officer, in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.
(8) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.
(9) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an antiharassment protection order has been issued of which the person has knowledge under chapter 7.105 RCW or former chapter 10.14 RCW and the person has violated the terms of that order.
(10) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest such person.
(11) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.
For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).
(12) A law enforcement officer having probable cause to believe that a person has committed a violation under RCW 77.15.160(5) may issue a citation for an infraction to the person in connection with the violation.
(13) A law enforcement officer having probable cause to believe that a person has committed a criminal violation under RCW 77.15.809 or 77.15.811 may arrest the person in connection with the violation.
(14) Except as specifically provided in subsections (2), (3), (4), and (7) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.
(15) No police officer may be held criminally or civilly liable for making an arrest pursuant to subsection (2) or (9) of this section if the police officer acts in good faith and without malice.
(16)(a) Except as provided in (b) of this subsection, a police officer shall arrest and keep in custody, until release by a judicial officer on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that the person has violated RCW 46.61.502 or 46.61.504 or an equivalent local ordinance and the police officer: (i) Has knowledge that the person has a prior offense as defined in RCW 46.61.5055 within ten years; or (ii) has knowledge, based on a review of the information available to the officer at the time of arrest, that the person is charged with or is awaiting arraignment for an offense that would qualify as a prior offense as defined in RCW 46.61.5055 if it were a conviction.
(b) A police officer is not required to keep in custody a person under (a) of this subsection if the person requires immediate medical attention and is admitted to a hospital.
[ 2023 c 462 s 702; 2021 c 215 s 118; 2020 c 29 s 10. Prior: 2019 c 263 s 911; 2019 c 246 s 6; 2019 c 46 s 5013; 2019 c 18 s 1; prior: 2017 c 336 s 3; 2017 c 223 s 1; prior: 2016 c 203 s 9; 2016 c 113 s 1; prior: 2014 c 202 s 307; 2014 c 100 s 2; 2014 c 5 s 1; 2013 2nd sp.s. c 35 s 22; prior: 2013 c 278 s 4; 2013 c 84 s 32; 2010 c 274 s 201; 2006 c 138 s 23; 2000 c 119 s 4; 1999 c 184 s 14; 1997 c 66 s 10; 1996 c 248 s 4; prior: 1995 c 246 s 20; 1995 c 184 s 1; 1995 c 93 s 1; prior: 1993 c 209 s 1; 1993 c 128 s 5; 1988 c 190 s 1; prior: 1987 c 280 s 20; 1987 c 277 s 2; 1987 c 154 s 1; 1987 c 66 s 1; prior: 1985 c 303 s 9; 1985 c 267 s 3; 1984 c 263 s 19; 1981 c 106 s 1; 1980 c 148 s 8; 1979 ex.s. c 28 s 1; 1969 ex.s. c 198 s 1. ]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2020 c 29: See note following RCW 7.77.060.
Effective date—2019 c 263 ss 901-915, 1001, and 1002: See RCW 26.55.903.
Finding—2017 c 336: See note following RCW 9.96.060.
Findings—2014 c 202: See note following RCW 77.135.010.
Intent—2010 c 274: "The legislature intends to improve the lives of persons who suffer from the adverse effects of domestic violence and to require reasonable, coordinated measures to prevent domestic violence from occurring. The legislature intends to give law enforcement and the courts better tools to identify violent perpetrators of domestic violence and hold them accountable. The legislature intends to: Increase the safety afforded to individuals who seek protection of public and private agencies involved in domestic violence prevention; improve the ability of agencies to address the needs of victims and their children and the delivery of services; upgrade the quality of treatment programs; and enhance the ability of the justice system to respond quickly and fairly to domestic violence. In order to improve the lives of persons who have, or may suffer, the effects of domestic violence the legislature intends to achieve more uniformity in the decision-making processes at public and private agencies that address domestic violence by reducing inconsistencies and duplications allowing domestic violence victims to achieve safety and stability in their lives." [ 2010 c 274 s 101.]
Application—2000 c 119: "The penalties prescribed in this act apply to violations of court orders which occur on or after July 1, 2000, regardless of the date the court issued the order." [ 2000 c 119 s 31.]
Short title—1999 c 184: See RCW 26.52.900.
Effective date—1995 c 184: "This act shall take effect January 1, 1996. Prior to that date, law enforcement agencies, prosecuting authorities, and local governments are encouraged to develop and adopt arrest and charging guidelines regarding criminal trespass." [ 1995 c 184 s 2.]
Effective date—1993 c 128: See RCW 9A.50.902.
Arrest procedure involving traffic violations: Chapter 46.64 RCW.
Uniform Controlled Substances Act: Chapter 69.50 RCW.
(1) When a police officer has reasonable cause to believe that the individual has committed acts constituting a crime, and the individual is known by history or consultation with the behavioral health administrative services organization, managed care organization, crisis hotline, local crisis services providers, or community health providers to have a mental disorder or substance use disorder, in addition to existing authority under state law or local policy, as an alternative to arrest, the arresting officer is authorized and encouraged to:
(a) Take the individual to a crisis stabilization unit as defined in RCW 71.05.020. Individuals delivered to a crisis stabilization unit pursuant to this section may be held by the facility for a period of up to twelve hours. The individual must be examined by a mental health professional or substance use disorder professional within three hours of arrival;
(b) Take the individual to a 23-hour crisis relief center as defined in RCW 71.24.025. An individual delivered to a 23-hour crisis relief center may be held up to a period of twelve hours. The individual must be examined by a mental health professional or substance use disorder professional within three hours of arrival;
(c) Refer the individual to a designated crisis responder for evaluation for initial detention and proceeding under chapter 71.05 RCW;
(d) Release the individual upon agreement to voluntary participation in outpatient treatment;
(e) Refer the individual to youth, adult, or geriatric mobile crisis response services, as appropriate; or
(f) Refer the individual to the regional entity responsible to receive referrals in lieu of legal system involvement, including the recovery navigator program[s] described in RCW 71.24.115.
(2) If the individual is released to the community from the facilities in subsection (1)(a) through (c) of this section, the mental health provider or substance use disorder professional shall make reasonable efforts to inform the arresting officer of the planned release prior to release if the arresting officer has specifically requested notification and provided contact information to the provider.
(3) In deciding whether to refer the individual to treatment under this section, the police officer must be guided by local law enforcement diversion guidelines for behavioral health developed and mutually agreed upon with the prosecuting authority with an opportunity for consultation and comment by the defense bar and disability community. These guidelines must address, at a minimum, the length, seriousness, and recency of the known criminal history of the individual, the mental health history of the individual, if available, the substance use disorder history of the individual, if available, the opinions of a mental health professional, if available, the opinions of a substance use disorder professional, if available, and the circumstances surrounding the commission of the alleged offense. The guidelines must include a process for clearing outstanding warrants or referring the individual for assistance in clearing outstanding warrants, if any, and issuing a new court date, if appropriate, without booking or incarcerating the individual or disqualifying the individual from referral to treatment under this section, and define the circumstances under which such action is permissible. Referrals to services, care, and treatment for substance use disorder must be made in accordance with protocols developed for the recovery navigator program[s] described in RCW 71.24.115.
(4) Any agreement to participate in treatment or services in lieu of jail booking or referring a case for prosecution shall not require individuals to stipulate to any of the alleged facts regarding the criminal activity as a prerequisite to participation in the alternative response described in this section. Any agreement is inadmissible in any criminal or civil proceeding. Such agreements do not create immunity from prosecution for the alleged criminal activity.
(5) If there are required terms of participation in the services or treatment to which an individual was referred under this section, and if the individual violates such terms and is therefore no longer participating in services:
(a) The behavioral health or service provider shall inform the referring law enforcement agency of the violation, if consistent with the terms of the program and applicable law; and
(b) The original charges may be filed or referred to the prosecutor, as appropriate, and the matter may proceed accordingly, unless filing or referring the charges is inconsistent with the terms of a local diversion program or a recovery navigator program[s] described in RCW 71.24.115.
(6) The police officer is immune from liability for any good faith conduct under this section.
[ 2023 c 433 s 17; 2021 c 311 s 6. Prior: 2019 c 326 s 3; 2019 c 325 s 5004; 2014 c 225 s 57; prior: 2011 c 305 s 7; 2011 c 148 s 3; 2007 c 375 s 2. ]
NOTES:
Effective date—2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.
Intent—2019 c 326: See note following RCW 10.77.615.
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective date—2014 c 225: See note following RCW 71.24.016.
Findings—2011 c 305: See note following RCW 74.09.295.
Certification of triage facilities—Effective date—2011 c 148: See notes following RCW 71.05.020.
Findings—Purpose—2007 c 375: "The legislature finds that RCW 10.77.090 contains laws relating to three discrete subjects. Therefore, one purpose of this act is to reorganize some of those laws by creating new sections in the Revised Code of Washington that clarify and identify these discrete subjects.
The legislature further finds that there are disproportionate numbers of individuals with mental illness in jail. The needs of individuals with mental illness and the public safety needs of society at large are better served when individuals with mental illness are provided an opportunity to obtain treatment and support." [ 2007 c 375 s 1.]
Construction—2007 c 375: "Nothing in this act shall be construed to alter or diminish a prosecutor's inherent authority to divert or pursue the prosecution of criminal offenders." [ 2007 c 375 s 16.]
Severability—2007 c 375: "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." [ 2007 c 375 s 18.]
The legislature recognizes that the 29 federally recognized Indian tribes with territory inside the state of Washington have a shared interest with the state in public safety, and that continued and expanded cooperation with tribal justice systems will promote that interest. The legislature also recognizes that tribes have, for decades, agreed by treaty and through practice not to shelter or conceal those individuals who violate state law and to surrender them to the state for prosecution. In the interests of public safety and partnership, it is therefore the intent of the legislature to create uniform processes by which the state may consistently reciprocate with tribes the return of those individuals who violate tribal law and seek to avoid tribal justice systems by leaving tribal jurisdiction.
The legislature further recognizes it is a constitutional imperative that individuals alleged to have violated criminal laws are afforded the fullest protections of due process including, but not limited to: (1) The right to effective assistance of counsel at least equal to that guaranteed by the United States Constitution; (2) the right of an indigent defendant to the assistance of a licensed defense attorney, at the expense of the tribal government; (3) the right to a criminal proceeding presided over by a judge who is licensed to practice law and has sufficient legal training; (4) the right to have access, prior to being charged, to the tribe's criminal laws, rules of evidence, and rules of criminal procedure; and (5) the right to a record of the criminal proceeding, including an audio or other recording of the trial proceeding. The legislature finds that numerous federally recognized tribes with territory inside the state have systems and processes recognized by the federal government as providing due process to defendants at least equal to those required by the United States Constitution. The legislature also finds that all defendants in tribal courts have the right to petition for a writ of habeas corpus.
The legislature additionally recognizes the importance of establishing clear statutory duties when directing peace officers of this state to effectuate new aspects of their work. It is the intent of the legislature that chapter 207, Laws of 2024 set forth procedures by which peace officers and correctional staff of this state must recognize and effectuate tribal arrest warrants.
Therefore, the legislature declares the purpose of chapter 207, Laws of 2024 is to expand cross-jurisdictional cooperation so that fugitives from tribal courts cannot evade justice by remaining off reservation in Washington's counties and cities, while ensuring that defendants receive the fullest due process protections .
[ 2024 c 207 s 1. ]
This chapter may be known and cited as the "tribal warrants act."
[ 2024 c 207 s 15. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Certified tribe" means a federally recognized tribe located within the borders of the state of Washington that (a) may impose a term of imprisonment of greater than one year, or a fine greater than $5,000, or both, pursuant to the tribal law and order act of 2010, section 234, codified at 25 U.S.C. Sec. 1302; and (b) has agreed not to shelter or conceal offenders against the laws of the state of Washington but to deliver them up to state authorities for prosecution.
(2) "Noncertified tribe" means a federally recognized tribe located within the borders of the state of Washington that is requesting that a tribal fugitive be surrendered to the duly authorized agent of the tribe, but has not received approval to exercise jurisdiction under the tribal law and order act of 2010, section 234, codified at 25 U.S.C. Sec. 1302, and which has agreed by treaty or practice not to shelter or conceal offenders against the laws of the state of Washington but to deliver them up to state authorities for prosecution.
(3) "Peace officer" has the same meaning as in RCW 10.93.020(4).
(4) "Place of detention" means a jail as defined in RCW 70.48.020, a correctional facility as defined in RCW 72.09.015, and any similar adult facility contracted by a city or county.
(5) "Tribal court judge" includes every judicial officer authorized alone or with others, to hold or preside over the criminal court of a certified tribe or noncertified tribe.
(6) "Tribal fugitive" or "fugitive" means any person who is subject to tribal court criminal jurisdiction, committed an alleged crime under the tribal code, and thereafter fled tribal jurisdiction, including by escaping or evading confinement, breaking the terms of their probation, bail, or parole, or absenting themselves from the jurisdiction of the tribal court.
(7) "Tribal police officer" has the same meaning as in RCW 10.92.010.
[ 2025 c 259 s 6; 2024 c 207 s 2. ]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
A certified tribe must provide certification of *RCW 10.32.010(2) (a) and (b), signed by the tribe's judicial officer and chief legal counsel, to the office of the attorney general. The office of the attorney general shall receive the certification documentation indicating that the tribe meets the requirements of the tribal law and order act of 2010 section 234, codified at 25 U.S.C. Sec. 1302, and review the documentation to confirm that it is complete according to the information provided in the documentation. The office of the attorney general shall be immune from liability arising out of the performance of duties under this section, except their intentional or willful misconduct.
[ 2024 c 207 s 3. ]
NOTES:
*Reviser's note: RCW 10.32.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (2)(a) and (b) to subsection (1)(a) and (b).
A place of detention shall provide notice to the tribal law enforcement within the jurisdiction of a noncertified tribe who issued an arrest warrant for a tribal fugitive as soon as practicable after learning that the tribal fugitive is a prisoner in the place of detention. The notice shall include the reason for the detention and the anticipated date of release, if known.
[ 2024 c 207 s 4. ]
The noncertified tribe whose court issued the warrant of arrest may demand the extradition of the tribal fugitive from a place of detention. The demand will be recognized if in writing, it alleges that the person is a tribal fugitive, the tribal court has jurisdiction, and is accompanied by either:
(1) A copy of the complaint, information, or other charging document supported by affidavit of the tribe having jurisdiction of the crime;
(2) A copy of an affidavit made before an authorized representative of the tribal court, together with a copy of any warrant which was issued thereupon; or
(3) A copy of a judgment of conviction or of a sentence imposed in execution thereof.
[ 2024 c 207 s 5. ]
The certified or noncertified tribe demanding the extradition of a tribal fugitive pursuant to this chapter shall have standing in any hearing in state court testing the legality of the extradition.
[ 2025 c 259 s 2. ]
If a criminal prosecution has been instituted against a tribal fugitive under the laws of this state or any political subdivision thereof and is still pending, extradition on a tribal court request under RCW 10.32.030 through 10.32.090 shall be placed on hold until the tribal fugitive's release from a place of detention, unless otherwise agreed upon in any given case.
[ 2024 c 207 s 6. ]
(1) The attorney general or prosecuting attorney shall submit all applicable documents specified in RCW 10.32.030 to a superior court judge in this state along with a motion for an order of surrender. The motion for an order of surrender shall be served upon the person whose extradition is demanded.
(2) A person who is served with a motion for an order of surrender shall be taken before a superior court judge in this state the next judicial day. The judge shall inform the person of the demand made for the person's surrender and the underlying reason for the demand, and that the person has the right to demand and procure legal counsel.
(3) The person whose return is demanded may, in the presence of any superior court judge, sign a statement that the person consents to his or her return to the noncertified tribe. However, before such waiver may be executed, it shall be the duty of such judge to inform the person of his or her right to test the legality of the extradition request before an order of surrender may be issued.
(4) Any hearing to test the legality of the extradition request shall occur within three judicial days, excluding weekends and holidays, of the person receiving notice of the motion for an order of surrender. The hearing is limited to determining:
(a) Whether the person has been charged with or convicted of a crime by the noncertified tribe;
(b) Whether the person before the court is the person named in the request for extradition; and
(c) Whether the person is a fugitive.
(5) The guilt or innocence of the person as to the crime of which the person is charged may not be inquired into by a superior court judge except as it may be necessary to identify the person held as being the person charged with the crime.
(6) If the superior court judge determines that the requirements of subsection (4) of this section and RCW 10.32.030 have been met, the judge shall issue an order of surrender to the noncertified tribe. If the noncertified tribe does not take custody of the person pursuant to the order of surrender on the date the person is scheduled to be released from the place of detention or within 48 hours of the entry of the order of surrender, whichever is later, the person may be released from custody with bail conditioned on the person's appearance before the court at a time specified for his or her surrender to the noncertified tribe or for the vacation of the order of surrender.
[ 2024 c 207 s 7. ]
(1) Subject to the provisions of RCW 10.32.050, a place of detention shall deliver or make available a person in custody to the noncertified tribe without a judicial order of surrender provided that:
(a) Such person is alleged to have broken the terms of his or her probation, parole, bail, or any other release of the noncertified tribe; and
(b) The place of detention has received from the noncertified tribe an authenticated copy of a prior waiver of extradition signed by such person as a term of his or her probation, parole, bail, or any other release of the noncertified tribe and photographs or fingerprints or other evidence properly identifying the person as the person who signed the waiver.
(2) As used in this section, "authenticated copy" means a copy of a prior waiver of extradition signed by an authorized representative of the tribal court attesting the document is a true record of the tribal court waiver of extradition.
[ 2025 c 259 s 1; 2024 c 207 s 8. ]
(1) A noncertified tribe that requests extradition pursuant to chapter 207, Laws of 2024 is responsible to arrange the transportation for the tribal fugitive from the place of detention to the tribal court or detention facility. The detention facility and noncertified tribe are encouraged to select the means of transport that best protects public safety after considering available resources. At the request of a noncertified tribe, a city, county, or the governor must engage in good faith efforts to negotiate an agreement to effectuate this subsection.
(2) A tribal court representative who is certified as a general authority Washington peace officer under chapter 10.92 RCW, or who is cross-deputized pursuant to chapter 10.93 RCW, may transport a tribal fugitive within the state of Washington pursuant to an order of surrender.
[ 2024 c 207 s 9. ]
(1) A peace officer may arrest a person subject to a tribal arrest warrant from a noncertified tribe when the warrant is presented by a tribal court representative or tribal law enforcement officer to the peace officer or a general authority Washington law enforcement agency as defined in RCW 10.93.020 or entered in the national crime information center or Washington information center. The arrested person must be brought to an appropriate place of detention and then to the nearest available superior court judge the next judicial day. The superior court judge shall issue an order continuing custody upon presentation of the tribal arrest warrant.
(2) The judge shall inform the person appearing under subsection (1) of this section of the name of the noncertified tribe that has subjected the person to an arrest warrant, the basis of the arrest warrant, the right to assistance of counsel, and the right to require a judicial hearing before transfer of custody to the applicable noncertified tribe.
(3) After being informed by the judge of the effect of a waiver, the arrested person may waive the right to require a judicial hearing and consent to return to the applicable noncertified tribe by executing a written waiver. If the waiver is executed, the judge shall issue an order to transfer custody under subsection (5) of this section or, with consent of the applicable noncertified tribe, authorize the voluntary return of the person to that tribe.
(4) If a hearing is not waived under subsection (3) of this section, the court shall hold a hearing within 72 hours, excluding weekends and holidays, after the initial appearance. The arrested person and the prosecuting attorney's office shall be informed of the time and place of the hearing. The court shall release the person upon conditions that will reasonably assure availability of the person for the hearing or direct a peace officer to maintain custody of the person until the time of the hearing. Following the hearing, the judge shall issue an order to transfer custody under subsection (5) of this section unless the arrested person established by clear and convincing evidence that the arrested person is not the person identified in the warrant. If the court does not order transfer of custody, the judge shall order the arrested person to be released.
(5) A judicial order to transfer custody issued under subsection (4) of this section shall be directed to a peace officer to take or retain custody of the person until a representative of the applicable noncertified tribe is available to take custody. If the noncertified tribe has not taken custody within three days, excluding weekends and holidays, the court may order the release of the person upon conditions that will assure the person's availability on a specified date within seven days. If the noncertified tribe has not taken custody within the time specified in the order, the person shall be released. Thereafter, an order to transfer custody may be entered only if a new arrest warrant is issued. The court may authorize the voluntary return of the person with the consent of the applicable noncertified tribe.
[ 2025 c 259 s 8; 2024 c 207 s 10. ]
(1) Any arrest warrant issued by the court of a certified tribe shall be accorded full faith and credit by the courts of the state of Washington and enforced by the court and peace officers of the state as if it were the arrest warrant of the state. Certified tribes' warrants may be entered into the national crime information center or Washington information center. A Washington state peace officer who arrests a person pursuant to the arrest warrant of a certified tribe, if no other grounds for detention exist under state law, shall, as soon as practical after detaining the person, and in accordance with standard practices, contact the tribal law enforcement agency that issued the warrant to establish the warrant's validity.
(2) A place of detention shall allow a certified tribe to place a detainer on an inmate based on a tribal warrant. For the purposes of this section, detainer means a request by a certified tribe's tribal court, tribal police department, or tribal prosecutor's office, filed with the place of detention in which a person is incarcerated, to hold the person for the certified tribe and to notify the tribe when release of the person is imminent so that the person can be transferred to tribal custody within 72 hours of their release from all other holds.
(3) The privilege of the writ of habeas corpus shall be available to any person detained under this provision. The issues in the habeas corpus proceeding shall be limited to those identified in RCW 10.32.060 (4) and (5).
[ 2025 c 259 s 9; 2024 c 207 s 11. ]
Chapter 207, Laws of 2024 is not intended to and does not diminish the authority of the state or local jurisdictions to enter into government-to-government agreements with Indian tribes, including mutual aid and other interlocal agreements, concerning the movement of persons within their jurisdiction, does not diminish the validity or enforceability of any such agreements, and is not intended to and does not expand or diminish the authority of the state or local jurisdictions to arrest individuals over whom they have jurisdiction within Indian reservations.
[ 2024 c 207 s 12. ]
(1) Upon issuing a tribal warrant, the court of a tribe may file such warrant with the superior court of the county in which the tribe is physically located along with:
(a) A certified copy of the charging document;
(b) The tribal code provision, constitutional provision, or federal statute authorizing the certified tribe to exercise criminal jurisdiction over the tribal fugitive for whom the tribal warrant has been issued; and
(c) Identifying information for the tribal fugitive.
(2) A warrant so filed shall be timely reviewed by a superior court. If the court makes a finding of probable cause that a tribal fugitive subject to a filed tribal warrant has been charged with a crime by the filing tribe, the court must order the issuance of a state warrant of arrest for such tribal fugitive from justice under RCW 10.32.118, which shall expire six months after issuance, unless withdrawn earlier under subsection (4) of this section.
(3) Any judicial proceedings involving a tribal fugitive subject to a warrant filed under this section must occur in the county where the tribal fugitive is first detained.
(4) A warrant filed under this section must be withdrawn once the person who is the subject of the tribal warrant has submitted to the tribe's tribal court jurisdiction or been arrested.
[ 2025 c 259 s 3. ]
Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime by any federally recognized tribe with territory located within the borders of the state of Washington and with having fled from justice, or with having been convicted of a crime by any federally recognized tribe with territory located in the state of Washington and having escaped from confinement, or having broken the terms of such person's bail, probation, or parole, or whenever complaint shall have been made before any judge or magistrate in this state setting forth on the affidavit of any credible person of a federally recognized tribe with territory within this state that a crime has been committed for which the tribe has criminal jurisdiction and that the accused has been charged by such tribe with the commission of the crime, and has fled from justice, or with having been convicted of a crime in that tribe's courts and having escaped from confinement, or having broken the terms of such person's bail, probation, or parole and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding such officer to apprehend the person named therein, wherever such person may be found in this state, and to bring such person before the same or any other judge, magistrate, or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
[ 2025 c 259 s 4. ]
A tribal arrest warrant under chapter 207, Laws of 2024 is not required to be given prioritization above other warrants.
[ 2024 c 207 s 13. ]
(1) A peace officer as defined in RCW 43.101.010, limited authority Washington peace officer as defined in RCW 10.93.020, specially commissioned Washington peace officer as defined in RCW 10.93.020, local or state corrections officer as defined in RCW 43.101.010, jail as defined in RCW 70.48.020, or such officer's or jail facility's legal advisor may not be held criminally or civilly liable for making an arrest or not making an arrest under chapter 207, Laws of 2024 if the peace officer or the peace officer's legal advisor acted in good faith and without malice.
(2) Chapter 207, Laws of 2024 is not intended to limit, abrogate, or modify existing immunities for prosecuting attorneys for good faith conduct consistent with statutory duties.
[ 2025 c 259 s 7; 2024 c 207 s 14. ]
This act takes effect July 1, 2025, except for section 17 of this act, which 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 takes effect May 1, 2024.
[ 2024 c 207 s 18. ]
If any person against whom a warrant may be issued for an alleged offense, committed in any county, shall either before or after the issuing of such warrant, escape from, or be out of the county, the sheriff or other officer to whom such warrant may be directed, may pursue and apprehend the party charged, in any county in this state, and for that purpose may command aid, and exercise the same authority as in his or her own county.
[ 2010 c 8 s 1033; Code 1881 s 1922; 1873 p 394 s 220; 1854 p 107 s 28; RRS s 1950. ]
If a person arrested escape or be rescued, the person from whose custody he or she made his or her escape, or was rescued, may immediately pursue and retake him or her at any time, and within any place in the state. To retake the person escaping or rescued, the person pursuing has the same power to command assistance as given in cases of arrest.
[ 2010 c 8 s 1034; Code 1881 s 1032; 1873 p 229 s 212; 1854 p 114 s 76; RRS s 2085. ]
The governor may appoint agents to make a demand upon the executive authority of any state or territory for the surrender of any fugitive from justice, or any other person charged with a felony or any other crime in this state. Whenever an application shall be made to the governor for the appointment of an agent he or she may require the official submitting the same to provide whatever information is necessary prior to approval of the application.
[ 2010 c 8 s 1035; 1993 c 442 s 1; 1967 c 91 s 2; 1891 c 28 s 98; Code 1881 s 971; 1873 p 217 s 157; 1854 p 102 s 5; RRS s 2241. ]
NOTES:
Effective date—1993 c 442: "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 July 1, 1993." [ 1993 c 442 s 2.]
No pleading other than an indictment, information or complaint shall be required on the part of the state in any criminal proceedings in any court of the state, and when such pleading is in the manner and form as provided by law the defendant shall be required to plead thereto as prescribed by law without any further action or proceedings of any kind on the part of the state.
[ 1925 ex.s. c 150 s 3; RRS s 2050-1. FORMER PARTS OF SECTION: (i) 1927 c 103 s 1; Code 1881 s 764; RRS s 2023, now codified as RCW 10.37.015. (ii) 1909 c 87 s 1; 1891 c 117 s 1; 1890 p 100 s 1; RRS s 2024, now codified as RCW 10.37.026. (iii) 1891 c 28 s 19; Code 1881 s 1003; 1873 p 224 s 186; 1869 p 240 s 181; RRS s 2054, now codified as RCW 10.37.025. ]
(1) No person shall be held to answer in any court for an alleged crime or offense, unless upon an information filed by the prosecuting attorney, or upon an indictment by a grand jury, except in cases of misdemeanor or gross misdemeanor before a district or municipal judge, or before a court-martial, except as provided in subsection (2) of this section.
(2) Violations of RCW 46.20.342(1)(c)(iv) may be required by the prosecuting attorney to be referred to his or her office for consideration of filing an information or for entry into a precharge diversion program.
[ 2011 c 46 s 1; 1987 c 202 s 167; 1927 c 103 s 1; Code 1881 s 764; RRS s 2023. Formerly RCW 10.37.010, part. ]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
The indictment may be substantially in the following form:
| State of Washington v. A. . . . . . B. . . . . . | | Superior Court of the State of Washington for the County of . . . . | | --- | --- | --- | | A. B. is accused by the grand jury of the . . . . . . . . . ., by this indictment, of the crime of [here insert the name of the crime, if it have one, such as treason, murder, arson, manslaughter, or the like; or if it be a crime having no general name, such as libel, assault and battery, and the like, insert a brief description of it as given by law], committed as follows: | | | | The said A. B. on the . . . . day of . . . . . ., (year) . . . ., in the county of . . . . . ., aforesaid, [here set forth the act charged as a crime.] | | | | Dated at . . . . . ., in the county aforesaid, the . . . . day of . . . . . ., A.D. (year) . . . . | | | | | (Signed) C. D., Prosecuting Attorney. | | | (Indorsed) A true bill. | | | | (Signed) E. F., Foreperson of the Grand Jury. | | |
[ 2016 c 202 s 5; 2010 c 8 s 1036; 1891 c 28 s 21; Code 1881 s 1005; 1873 p 225 s 188; 1869 p 240 s 183; RRS s 2056. ]
The indictment or information is sufficient if it can be understood therefrom—
(1) That it is entitled in a court having authority to receive it;
(2) That it was found by a grand jury or prosecuting attorney of the county in which the court was held;
(3) That the defendant is named, or if his or her name cannot be discovered, that he or she is described by a fictitious name or by reference to a unique genetic sequence of deoxyribonucleic acid, with the statement that his or her real name is unknown;
(4) That the crime was committed within the jurisdiction of the court, except where, as provided by law, the act, though done without the county in which the court is held, is triable therein;
(5) That the crime was committed at some time previous to the finding of the indictment or filing of the information, and within the time limited by law for the commencement of an action therefor;
(6) That the act or omission charged as the crime is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended;
(7) The act or omission charged as the crime is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction according to the right of the case.
[ 2010 c 8 s 1037; 2000 c 92 s 3; 1891 c 28 s 29; Code 1881 s 1014; 1873 p 226 s 197; 1869 p 242 s 192; RRS s 2065. FORMER PARTS OF SECTION: (i) 1891 c 28 s 20; Code 1881 s 1004; 1873 p 224 s 187; 1869 p 240 s 182; RRS s 2055, now codified as RCW 10.37.052. (ii) 1891 c 28 s 22; Code 1881 s 1006; 1873 p 225 s 189; 1854 p 112 s 61; 1869 p 241 s 184; RRS s 2057, now codified as RCW 10.37.054. (iii) 1891 c 28 s 30; Code 1881 s 1015; 1873 p 227 s 198; 1869 p 242 s 193; RRS s 2066, now codified as RCW 10.37.056. ]
NOTES:
Intent—2000 c 92: See note following RCW 10.73.170.
The indictment or information must contain—
(1) The title of the action, specifying the name of the court to which the indictment or information is presented and the names of the parties;
(2) A statement of the acts constituting the offense, in ordinary and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended.
[ 1891 c 28 s 20; Code 1881 s 1004; 1873 p 224 s 187; 1869 p 240 s 182; RRS s 2055. Formerly RCW 10.37.050, part. ]
The indictment or information must be direct and certain as it regards:
(1) The party charged;
(2) The crime charged; and
(3) The particular circumstances of the crime charged, when they are necessary to constitute a complete crime.
[ 1891 c 28 s 22; Code 1881 s 1006; 1873 p 225 s 189; 1869 p 241 s 184; 1854 p 112 s 61; RRS s 2057. Formerly RCW 10.37.050, part. ]
No indictment or information is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of any of the following matters, which were formerly deemed defects or imperfections:
(1) For want of an allegation of the time or place of any material fact, when the time and place have been once stated;
(2) For the omission of any of the following allegations, namely: "With force and arms," "contrary to the form of the statute or the statutes," or "against the peace and dignity of the state;"
(3) For the omission to allege that the grand jury was impaneled, sworn, or charged;
(4) For any surplusage or repugnant allegation or for any repetition, when there is sufficient matter alleged to indicate clearly the offense and the person charged; nor
(5) For any other matter which was formerly deemed a defect or imperfection, but which does not tend to the prejudice of the substantial rights of the defendant upon the merits.
[ 1891 c 28 s 30; Code 1881 s 1015; 1873 p 227 s 198; 1869 p 242 s 193; RRS s 2066. Formerly RCW 10.37.050, part. ]
NOTES:
Ownership of property, proof of: RCW 10.58.060.
When there are several charges against any person, or persons, for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses, which may be properly joined, instead of having several indictments or informations the whole may be joined in one indictment, or information, in separate counts; and, if two or more indictments are found, or two or more informations filed, in such cases, the court may order such indictments or informations to be consolidated.
[ 1925 ex.s. c 109 s 1; 1891 c 28 s 24; Code 1881 s 1008; 1873 p 225 s 191; 1869 p 241 s 186; RRS s 2059. ]
When the crime involves the taking of or injury to an animal the indictment or information is sufficiently certain in that respect if it describes the animal by the common name of its class.
[ 1891 c 28 s 26; Code 1881 s 1011; 1873 p 226 s 194; 1869 p 241 s 189; RRS s 2062. ]
NOTES:
Crimes relating to animals: Chapter 9.08 RCW.
Larceny: Chapter 9A.56 RCW.
When an instrument which is the subject of an indictment or information for forgery has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or information, and established on the trial, the misdescription of the instrument is immaterial.
[ 1891 c 28 s 35; Code 1881 s 1020; 1873 p 227 s 203; 1854 p 113 s 68; RRS s 2071. ]
NOTES:
Forgery: Chapter 9A.60 RCW.
When the crime involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured is not material.
[ Code 1881 s 1010; 1873 p 226 s 193; 1869 p 241 s 188; RRS s 2061. ]
In pleading a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary to state in the indictment or information the facts conferring jurisdiction; but the judgment, determination or proceeding may be stated to have been duly given or made. The facts conferring jurisdiction, however, must be established on the trial.
[ 1891 c 28 s 32; Code 1881 s 1017; 1873 p 227 s 200; 1869 p 242 s 195; 1854 p 112 s 65; RRS s 2068. ]
In an indictment or information for larceny or embezzlement of money, bank notes, certificates of stock, or valuable securities, or for a conspiracy to cheat or defraud a person of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to cheat and defraud, to be of money, bank notes, certificates of stock, or valuable securities, without specifying the coin, number, denomination or kind thereof.
[ 1891 c 28 s 38; Code 1881 s 1023; RRS s 2074. ]
NOTES:
Larceny: Chapter 9A.56 RCW.
Ownership of property, proof of: RCW 10.58.060.
An indictment or information for exhibiting, publishing, passing, selling, or offering to sell, or having in possession with such intent, any lewd or obscene book, pamphlet, picture, print, card, paper, or writing, need not set forth any portion of the language used or figures shown upon such book, pamphlet, picture, print, card, paper, or writing, but it is sufficient to state generally the fact of the lewdness or obscenity thereof.
[ 1891 c 28 s 39; Code 1881 s 1024; RRS s 2075. ]
NOTES:
Obscenity: Chapter 9.68 RCW.
In an indictment or information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the crime was committed, and in what court or before whom the oath alleged to be false was taken, and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment or information need not set forth the pleadings, record or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed.
[ 1891 c 28 s 36; Code 1881 s 1021; 1873 p 228 s 204; 1869 p 243 s 199; 1854 p 112 s 67; RRS s 2072. ]
NOTES:
Perjury: Chapter 9A.72 RCW.
Neither presumptions of law nor matters of which judicial notice is taken need be stated in an indictment or information.
[ 1891 c 28 s 31; Code 1881 s 1016; 1873 p 227 s 199; 1869 p 242 s 194; RRS s 2067. ]
Words used in a statute to define a crime need not be strictly pursued in the indictment or information, but other words conveying the same meaning may be used.
[ 1891 c 28 s 28; Code 1881 s 1013; 1873 p 226 s 196; 1869 p 241 s 191; RRS s 2064. ]
In pleading a private statute, or right derived therefrom, it is sufficient to refer, in the indictment or information, to the statute by its title and the day of its passage, and the court must thereupon take judicial notice thereof.
[ 1891 c 28 s 33; Code 1881 s 1018; 1873 p 227 s 201; 1869 p 243 s 196; 1854 p 112 s 66; RRS s 2069. ]
The words used in an indictment or information must be construed in their usual acceptation, in common language, except words and phrases defined by law, which are to be construed according to their legal meaning.
[ 1891 c 28 s 27; Code 1881 s 1012; 1873 p 227 s 195; 1869 p 241 s 190; RRS s 2063. ]
If he or she alleges that another name is his or her true name it must be entered in the minutes of the court, and the subsequent proceedings on the indictment or information may be had against him or her by that name, referring also to the name by which he or she is indicted or informed against.
[ 2010 c 8 s 1038; 1891 c 28 s 49; Code 1881 s 1065; 1873 p 232 s 227; 1854 p 116 s 91; RRS s 2097. ]
NOTES:
Action on discovery of true name: RCW 10.46.060.
In answer to the arraignment, the defendant may move to set aside the indictment or information, or he or she may demur or plead to it, and is entitled to one day after arraignment in which to answer thereto if he or she demands it.
[ 2010 c 8 s 1039; 1891 c 28 s 50; Code 1881 s 1045; RRS s 2098. ]
The motion to set aside the indictment can be made by the defendant on one or more of the following grounds, and must be sustained:
(1) When any person, other than the grand jurors, was present before the grand jury when the question was taken upon the finding of the indictment, or when any person, other than the grand jurors, was present before the grand jury during the investigation of the charge, except as required or permitted by law;
(2) If the grand jury were not selected, drawn, summoned, impaneled, or sworn as prescribed by law.
[ 1983 c 3 s 12; 1957 c 10 s 1; Code 1881 s 1046; RRS s 2099. FORMER PART OF SECTION: Code 1881 s 1047; RRS s 2100, now codified as RCW 10.40.075. ]
The ground of the motion to set aside the indictment mentioned in the fourth subdivision of RCW 10.40.070 is not allowed to a defendant who has been held to answer before indictment.
[ Code 1881 s 1047; RRS s 2100. Formerly RCW 10.40.070, part. ]
An order to set aside the indictment or information as provided in this chapter shall be no bar to a future prosecution for the same offense.
[ 1891 c 28 s 54; Code 1881 s 1050; RRS s 2104. ]
If the motion to set aside the indictment [or information] be denied, the defendant must immediately answer the indictment or information, either by demurring or pleading thereto.
[ 1891 c 28 s 52; Code 1881 s 1048; RRS s 2102. ]
The defendant may demur to the indictment or information when it appears upon its face either—
(1) That it does not substantially conform to the requirements of this code;
(2) [That] more than one crime is charged;
(3) That the facts charged do not constitute a crime;
(4) That the indictment or information contains any matter which, if true, would constitute a defense or other legal bar to the action.
[ 1891 c 28 s 55; Code 1881 s 1051; RRS s 2105. ]
If the demurrer is sustained because the indictment or information contains matter which is a legal defense or bar to the action, the judgment shall be final, and the defendant must be discharged.
[ 1891 c 28 s 56; Code 1881 s 1052; RRS s 2106. FORMER PART OF SECTION: 1891 c 28 s 61; Code 1881 s 1060; RRS s 2114, now codified as RCW 10.40.125. ]
The judgment for the defendant on a demurrer to the indictment or information, except where it is otherwise provided, or for an objection taken at the trial to its form or substance, or for variance between the indictment or information and the proof, shall not bar another prosecution for the same offense.
[ 1891 c 28 s 61; Code 1881 s 1060; RRS s 2114. Formerly RCW 10.40.120, part. ]
If the demurrer is overruled the defendant has a right to put in a plea. If he or she fails to do so, judgment may be rendered against him or her on the demurrer, and, if necessary, a jury may be impaneled to inquire and ascertain the degree of the offense.
[ 2010 c 8 s 1040; Code 1881 s 1053; RRS s 2107. ]
The plea of guilty can only be put in by the defendant himself or herself in open court.
[ 2010 c 8 s 1041; Code 1881 s 1056; RRS s 2110. FORMER PART OF SECTION: Code 1881 s 1057; RRS s 2111, now codified as RCW 10.40.175. ]
The plea of not guilty is a denial of every material allegation in the indictment or information; and all matters of fact may be given in evidence under it, except a former conviction or acquittal.
[ 1891 c 28 s 59; Code 1881 s 1058; RRS s 2112. ]
If the defendant fail or refuse to answer the indictment or information by demurrer or plea, a plea of not guilty must be entered by the court.
[ 1891 c 28 s 62; Code 1881 s 1061; 1873 p 232 s 224; 1854 p 116 s 88; RRS s 2115. ]
(1) The legislature finds and declares that in many instances involving an individual who is not a citizen of the United States charged with an offense punishable as a crime under state law, a plea of guilty is entered without the defendant knowing that a conviction of such offense is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. Therefore, it is the intent of the legislature in enacting this section to promote fairness to such accused individuals by requiring in such cases that acceptance of a guilty plea be preceded by an appropriate warning of the special consequences for such a defendant which may result from the plea. It is further the intent of the legislature that at the time of the plea no defendant be required to disclose his or her legal status to the court.
(2) Prior to acceptance of a plea of guilty to any offense punishable as a crime under state law, except offenses designated as infractions under state law, the court shall determine that the defendant has been advised of the following potential consequences of conviction for a defendant who is not a citizen of the United States: Deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. A defendant signing a guilty plea statement containing the advisement required by this subsection shall be presumed to have received the required advisement. If, after September 1, 1983, the defendant has not been advised as required by this section and the defendant shows that conviction of the offense to which the defendant pleaded guilty may have the consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States, the court, on defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty and enter a plea of not guilty. Absent a written acknowledgment by the defendant of the advisement required by this subsection, the defendant shall be presumed not to have received the required advisement.
(3) With respect to pleas accepted prior to September 1, 1983, it is not the intent of the legislature that a defendant's failure to receive the advisement required by subsection (2) of this section should require the vacation of judgment and withdrawal of the plea or constitute grounds for finding a prior conviction invalid.
[ 1983 c 199 s 1. ]
NOTES:
Notice to courts—Rules—Forms: "The administrative office of the courts shall notify all courts of the requirements contained in RCW 10.40.200. The judicial council shall recommend to the supreme court appropriate court rules to ensure compliance with the requirements of RCW 10.40.200. Until court rules are promulgated, the administrative office of the courts shall develop and distribute forms necessary for the courts to comply with RCW 10.40.200." [ 2005 c 282 s 21; 1983 c 199 s 2.]
Effective date—1983 c 199 s 1: "Section 1 of this act shall take effect on September 1, 1983." [ 1983 c 199 s 3.]
When the defendant has been convicted or acquitted upon an indictment or information of an offense consisting of different degrees, the conviction or acquittal shall be a bar to another indictment or information for the offense charged in the former, or for any lower degree of that offense, or for an offense necessarily included therein.
[ 1891 c 28 s 74; Code 1881 s 1096; 1873 p 238 s 257; 1854 p 120 s 121; RRS s 2166. ]
NOTES:
Bar as to prosecution for same crime in another degree, or attempt: RCW 10.43.050.
Whenever, upon the trial of any person for a crime, it shall appear that the defendant has already been acquitted or convicted upon the merits, of the same crime, in a court having jurisdiction of such offense in another county of this state, such former acquittal or conviction is a sufficient defense.
[ 1909 c 249 s 20; RRS s 2272. ]
Whenever, upon the trial of any person for a crime, it appears that the offense was committed in another state or country, under such circumstances that the courts of this state had jurisdiction thereof, and that the defendant has already been acquitted or convicted upon the merits, in a judicial proceeding conducted under the criminal laws of such state or country, founded upon the act or omission with respect to which he or she is upon trial, such former acquittal or conviction is a sufficient defense. Nothing in this section affects or prevents a prosecution in a court of this state of any person who has received administrative or nonjudicial punishment, civilian or military, in another state or country based upon the same act or omission.
[ 2010 c 8 s 1042; 1999 c 141 s 1; 1909 c 249 s 19; RRS s 2271. ]
No order of dismissal or directed verdict of not guilty on the ground of a variance between the indictment or information and the proof, or on the ground of any defect in such indictment or information, shall bar another prosecution for the same offense. Whenever a defendant shall be acquitted or convicted upon an indictment or information charging a crime consisting of different degrees, he or she cannot be proceeded against or tried for the same crime in another degree, nor for an attempt to commit such crime, or any degree thereof.
[ 2010 c 8 s 1043; 1909 c 249 s 64; Code 1881 s 769; RRS s 2316. ]
NOTES:
Offense embraces lower degree and included offenses: RCW 10.43.020.
Ownership of property—Proof of: RCW 10.58.060.
The clerk shall, in preparing the docket of criminal cases, enumerate the indictments and informations pending according to the date of their filing, specifying opposite to the title of each action whether it be for a felony or misdemeanor, and whether the defendant be in custody or on bail; and shall, in like manner, enter therein all indictments and informations on which issues of fact are joined, all cases brought to the court on change of venue from other counties, and all cases pending upon appeal from inferior courts.
[ 1891 c 28 s 65; Code 1881 s 1044; 1873 p 231 s 222; 1854 p 115 s 86; RRS s 2134. ]
When a defendant is designated in the indictment or information by a fictitious or erroneous name, and in any stage of the proceedings his or her true name is discovered, it may be inserted in the subsequent proceedings, referring to the fact of his or her being indicted or informed against by the name mentioned in the indictment or information.
[ 2010 c 8 s 1044; 1891 c 28 s 23; Code 1881 s 1007; 1873 p 225 s 190; 1869 p 241 s 185; RRS s 2058. ]
NOTES:
True name: RCW 10.40.050.
The court shall decide all questions of law which shall arise in the course of the trial, and the trial shall be conducted in the same manner as in civil actions.
[ 1891 c 28 s 70; Code 1881 s 1088; 1873 p 237 s 249; 1854 p 119 s 111; RRS s 2158. FORMER PART OF SECTION: 1891 c 28 s 66, part; Code 1881 s 1078; 1873 p 236 s 239; 1854 p 118 s 101; RRS s 2137, part, now codified as RCW 10.49.020. ]
NOTES:
Rules of court: This section superseded, in part, by CrR 6. See comment preceding CrR 6.1.
A continuance may be granted in any case on the ground of the absence of evidence on the motion of the defendant supported by affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it; and also the name and place of residence of the witness or witnesses; and the substance of the evidence expected to be obtained, and if the prosecuting attorney admit that such evidence would be given, and that it be considered as actually given on the trial or offered and overruled as improper the continuance shall not be granted.
[ Code 1881 s 1077; 1877 p 206 s 7; RRS s 2135. ]
When a defendant is charged with a crime which constitutes a violation of RCW 9A.64.020 or chapter 9.68, 9.68A, or 9A.44 RCW, and the alleged victim of the crime is a person under the age of eighteen years, neither the defendant nor the prosecuting attorney may agree to extend the originally scheduled trial date unless the court within its discretion finds that there are substantial and compelling reasons for a continuance of the trial date and that the benefit of the postponement outweighs the detriment to the victim. The court may consider the testimony of lay witnesses and of expert witnesses, if available, regarding the impact of the continuance on the victim.
[ 1989 c 332 s 7. ]
NOTES:
Finding—1989 c 332: "The legislature finds that treatment of the emotional problems of child sexual abuse victims may be impaired by lengthy delay in trial of the accused and the resulting delay in testimony of the child victim. The trauma of the abusive incident is likely to be exacerbated by requiring testimony from a victim who has substantially completed therapy and is forced to relive the incident. The legislature finds that it is necessary to prevent, to the extent reasonably possible, lengthy and unnecessary delays in trial of a person charged with abuse of a minor." [ 1989 c 332 s 6.]
When two or more persons are included in one prosecution, the court may, at any time before the defendant has gone into his or her defense, direct any defendant to be discharged, that he or she may be a witness for the state. A defendant may also, when there is not sufficient evidence to put him or her on his or her defense, at any time before the evidence is closed, be discharged by the court, for the purpose of giving evidence for a codefendant. The order of discharge is a bar to another prosecution for the same offense.
[ 2010 c 8 s 1045; Code 1881 s 1092; 1873 p 237 s 253; 1854 p 120 s 117; RRS s 2162. ]
NOTES:
Conviction or acquittal—Several defendants: RCW 10.61.035.
Every person convicted of a crime or held to bail to keep the peace may be liable to all the costs of the proceedings against him or her, including, when tried by a jury in the superior court or before a committing magistrate, a jury fee as provided for in civil actions for which judgment shall be rendered and collected. The court shall not order a defendant to pay costs, as described in RCW 10.01.160, if the court finds that the person at the time of sentencing is indigent as defined in RCW 10.01.160(3). The jury fee, when collected for a case tried by the superior court, shall be paid to the clerk and applied as the jury fee in civil cases is applied.
[ 2022 c 260 s 20; 2018 c 269 s 9; 2005 c 457 s 12; 1977 ex.s. c 248 s 1; 1977 ex.s. c 53 s 1; 1961 c 304 s 8; Code 1881 s 2105; 1869 p 418 s 3; RRS s 2227. ]
NOTES:
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Construction—2018 c 269: See note following RCW 10.82.090.
Intent—2005 c 457: See note following RCW 43.08.250.
Disposition of fines and costs: Chapter 10.82 RCW.
Jury
fees: RCW 4.44.110, 36.18.020.
in district court: RCW 10.04.050.
No prisoner or person under recognizance who shall be acquitted by verdict or discharged because no indictment is found against him or her, or for want of prosecution, shall be liable for any costs or fees of any officer or for any charge of subsistence while he or she was in custody, but in every such case the fees of the defendant's witnesses, and of the officers for services rendered at the request of the defendant; and charges for subsistence of the defendant while in custody shall be taxed and paid as other costs and charges in such cases.
[ 2010 c 8 s 1046; Code 1881 s 1168; 1877 p 207 s 10; 1854 p 129 s 177; RRS s 2236. ]
When any person shall be brought before a court or other committing magistrate of any county, city or town in this state, having jurisdiction of the alleged offense, charged with the commission of a crime or misdemeanor, and such complaint upon examination shall appear to be unfounded, no costs shall be payable by such acquitted party, but the same shall be chargeable to the county, city or town for or in which the said complaint is triable, but if the court or other magistrate trying said charge, shall decide the complaint was frivolous or malicious, the judgment or verdict shall also designate who is the complainant, and may adjudge that said complainant pay the costs. In such cases a judgment shall thereupon be entered for the costs against said complainant, who shall stand committed until such costs be paid or discharged by due process of law.
[ 1987 c 202 s 168; Code 1881 s 2103; 1869 p 418 s 1; RRS s 2225. ]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
In all convictions for felony, whether capital or punishable by imprisonment in the penitentiary, the clerk of the superior court shall forthwith, after sentence, tax the costs in the case. The cost bill shall be made out in triplicate, and be examined by the prosecuting attorney of the county in which the trial was had. After which the judge of the superior court shall allow and approve such bill or so much thereof, as is allowable by law. The clerk of the superior court shall thereupon, under his or her hand, and under the seal of the court, certify said triplicate cost bills, and shall file one with the papers of cause, and shall transmit one to the administrator for the courts and one to the county auditor of the county in which said felony was committed.
[ 2010 c 8 s 1047; 1979 c 129 s 1; 1883 p 35 s 1; Code 1881 s 2106; RRS s 2228. ]
Upon the receipt of the cost bill, as provided for in the preceding section, the county auditor shall draw warrants for the amounts due each person, as certified in said cost bill, which warrants shall be paid as other county warrants are paid. On receipt of the certified copy of said cost bill, the administrator for the courts shall examine and audit said bill and allow the payment by the state of statutorily required witness fees in cases where conviction of a felony is obtained and the defendant is sentenced to pay a fine or is given a prison sentence even if the sentence is deferred or suspended. Payment shall be allowed by the administrator for the courts in such cases even when the conviction is subsequently reversed or if a new trial is granted.
[ 1979 c 129 s 2; 1883 p 35 s 1; Code 1881 s 2107; 1873 p 250 s 316; RRS s 2229. ]
Witnesses may be compelled to attend and testify before the grand jury; and witnesses on behalf of the state, or of the defendant, in a criminal prosecution, may be compelled to attend and testify in open court, if they have been subpoenaed, without their fees being first paid or tendered, unless otherwise provided by law; the court may, upon the motion of the prosecuting attorney or defense counsel, recognize witnesses, with or without sureties, to attend and testify at any hearing or trial in any criminal prosecution in any court of this state, or before the grand jury. In default of such recognizance, or in the event that surety is required and has not been obtained, the court shall require the appearance of the witness before the court and shall appoint counsel for the witness if he is indigent and then shall determine that the testimony of the witness would be material to either the prosecution or the defendant and that the witness would not attend the trial of the matter unless detained and, therefore, the court may direct that such witness shall be detained in the custody of the sheriff until the hearing or trial in which the witness is to testify: PROVIDED, That each witness detained for failure to obtain surety shall be paid, in addition to witness fees for actual appearance in court, for each day of his detention a sum equal to the daily jury fee paid to a juror serving in a superior court; and each witness in breach of recognizance and who is detained therefor shall be paid, in addition to witness fees for actual appearance in court, the sum of one dollar for each day of his detention. Any such witness shall be provided food and lodging while so detained. Any person accused of any crime in this state, by indictment, information, or otherwise, may, in the examination or trial of the cause, offer himself, or herself, as a witness in his or her own behalf, and shall be allowed to testify as other witnesses in such case, and when accused shall so testify, he or she shall be subject to all the rules of law relating to cross-examination of other witnesses: PROVIDED, That nothing in this code shall be construed to compel such accused person to offer himself or herself as a witness in such case.
[ 1984 c 76 s 17; 1969 ex.s. c 143 s 1; 1915 c 83 s 1; 1891 c 28 s 69; Code 1881 s 1067; 1873 p 233 s 229; 1871 p 105 s 2; 1854 p 116 s 93; RRS s 2148. Formerly RCW 10.52.040, 10.52.050, 10.52.070, and 10.52.080. ]
NOTES:
Rules of court: See CrR 6.13, 6.14.
Rights of accused persons: State Constitution Art. 1 ss 9, 22 (Amendment 10).
Every person accused of crime shall have the right to meet the witnesses produced against him or her face to face: PROVIDED, That whenever any witness whose deposition shall have been taken pursuant to law by a magistrate, in the presence of the defendant and his or her counsel, shall be absent, and cannot be found when required to testify upon any trial or hearing, so much of such deposition as the court shall deem admissible and competent shall be admitted and read as evidence in such case.
[ 2010 c 8 s 1048; 1909 c 249 s 54; RRS s 2306. Prior: Code 1881 s 765; 1873 p 180 s 2; 1869 p 198 s 2; 1859 p 104 s 2. ]
NOTES:
Reviser's note: Caption for 1909 c 249 s 54 reads as follows: "SEC. 54. WITNESSES."
Rights of accused persons: State Constitution Art. 1 s 22 (Amendment 10).
In every case where it is provided in *this act that a witness shall not be excused from giving testimony tending to criminate himself or herself, no person shall be excused from testifying or producing any papers or documents on the ground that his or her testimony may tend to criminate or subject him or her to a penalty or forfeiture; but he or she shall not be prosecuted or subjected to a penalty or forfeiture for or on account of any action, matter or thing concerning which he or she shall so testify, except for perjury or offering false evidence committed in such testimony.
[ 2010 c 8 s 1049; 1909 c 249 s 39; RRS s 2291. ]
NOTES:
Rules of court: Ordering immunity from prosecution—Incriminating testimony not to be used—CrR 6.14.
*Reviser's note: For meaning of "this act," see note following RCW 9.01.120.
Bribery or corrupt solicitation: State Constitution Art. 2 s 30.
Rights of accused persons: State Constitution Art. 1 ss 9, 22 (Amendment 10).
Witness not excused from giving testimony tending to incriminate himself in crimes concerning bribery: RCW 9.18.080.
(1) Courts are authorized to exercise discretion permitting a courthouse facility dog to be used in any judicial proceeding.
(2) Courts with an available courthouse facility dog must allow a witness under eighteen years of age, or who has a developmental disability as defined in RCW 71A.10.020, to use a courthouse facility dog to accompany them while testifying in court.
(3) Courts may allow any witness who does not meet the criteria in subsection (2) of this section to use a courthouse facility dog, if available, to accompany them while testifying in court.
(4) A courthouse facility dog accompanied by a certified handler is authorized to access: (a) Any courthouse; (b) any location where the courthouse facility dog and certified handler provide services, participate in administrative activities of the courthouse facility dog program, engage in community outreach, or participate in training activities; (c) any location related to a law enforcement investigation where law enforcement requests their presence; and (d) matters pending in the civil or criminal justice system. Authorized locations include, but are not limited to, places of public accommodation as defined in RCW 49.60.040, all modes of public transportation, children's advocacy centers, schools, day care facilities, law enforcement agencies, prosecutors' offices, attorneys' offices, medical facilities, specialty courts, and court-appointed special advocates and guardian ad litem program offices. A certified handler may be asked to show their identification card, provided by the accredited assistance dog organization that trained and certified the handler, to establish that they are a certified handler and that a courthouse facility dog they are accompanying is authorized to access the locations identified in this section.
(5) Before the introduction of a courthouse facility dog into the courtroom and outside the presence of the jury, the party desiring to use the assistance of a courthouse facility dog must file a motion setting out: (a) The credentials of the courthouse facility dog; (b) that the courthouse facility dog is adequately insured; (c) that a relationship has been established between the witness and the courthouse facility dog in anticipation of testimony; and (d) reasons why the courthouse facility dog would help reduce the witness's anxiety and elicit the witness's testimony. The motion may be filed in writing or made orally before the court.
(6) When the court finds the circumstances warrant the presence of a courthouse facility dog, the court must state the basis for its decision on the record. The witness should be afforded the opportunity to have a courthouse facility dog accompany the witness while testifying, if a courthouse facility dog and certified handler are available within the jurisdiction of the court in which the proceeding is held.
(7) If the court grants the motion filed under subsection (5) of this section, a certified handler must be present in the courtroom to advocate for the courthouse facility dog as necessary. The courthouse facility dog performing this service should be trained to accompany the witness to the stand without being attached to a certified handler by a leash and lie on the floor out of view of the jury while the witness testifies.
(8) In a jury trial, the following provisions apply:
(a) In the course of jury selection, either party may, with the court's approval, voir dire prospective jury members on whether the presence of a courthouse facility dog to assist a witness would create undue sympathy for the witness or cause prejudice to a party in any other way.
(b) To the extent possible, the court shall ensure that the jury will be unable to observe the courthouse facility dog prior to, during, and subsequent to the witness's testimony.
(c) On request of either party, the court shall present appropriate jury instructions that are designed to prevent any prejudice that might result from the presence of the courthouse facility dog before the witness testifies and at the conclusion of the trial.
(9) Courts may adopt rules for the use of a courthouse facility dog authorized under this section.
(10)(a) Each accredited assistance dog organization that trains and certifies courthouse facility dog handlers must issue an identification card to each handler it certifies that works with courthouse facility dogs in Washington.
(b) The identification card must (i) clearly state it is a "Certified Courthouse Facility Dog Handler" identification; (ii) include the complete legal name of the certified handler; and (iii) provide the name of and contact information for the accredited assistance dog organization that trained and certified the handler.
(c) The identification card must further state "Any courthouse facility dog accompanied by a certified handler is legally authorized to access all courthouses, places of public accommodation as defined in RCW 49.60.040, public transportation, children's advocacy centers, schools, day care facilities, law enforcement agencies, prosecutors' offices, attorneys' offices, medical facilities, specialty courts, court-appointed special advocates and guardian ad litem program offices, and all other locations identified in RCW 10.52.110."
(11) For purposes of this section:
(a) "Certified handler" means a person who (i) was trained to handle a courthouse facility dog by an accredited assistance dog organization and (ii) is a professional working in the legal system who is knowledgeable about its practices including, but not limited to, victim advocates, forensic interviewers, detectives, prosecuting attorneys, and guardians ad litem.
(b) "Courthouse facility dog" means a dog that: (i) Has graduated from a program of an assistance dog organization that is accredited by a recognized organization whose main purpose is to grant accreditation to assistance dog organizations based on standards of excellence in all areas of assistance dog acquisition, training of the dogs and their certified handlers, and placement; (ii) demonstrates continued proficiency in providing safe and reliable services through ongoing training according to the assistance dog organization's training standards; (iii) was specially selected to provide services in the legal system to provide quiet companionship to witnesses and potential witnesses during stressful interviews, examinations, meetings, and other encounters associated with a law enforcement investigation, and legal proceedings, thereby enabling them to better engage with the process; and (iv) travels as needed with a certified handler as a team to and from authorized locations for training, community outreach, and other purposes associated with the operations of a courthouse facility dog program established in this section.
[ 2023 c 59 s 2; 2019 c 398 s 1. ]
NOTES:
Findings—2023 c 59: "The legislature finds that questioning child or adult witnesses about a traumatic event in their lives can trigger an acute emotional response. The trigger makes them feel or behave the same way they did during or immediately after the traumatic event because the brain may not differentiate what happened then from what is going on around them now. These triggers can cause an immediate emotional response that bypasses the reasoning part of our brains, resulting in sudden or unexplained bouts of crying; fear, paranoia, or anxiety; panic attacks; and sudden physical symptoms such as nausea or fatigue. For children and adults, traumatic events and the responses that result often interfere with their ability to respond to questions or testify in court about traumatic events they have experienced or witnessed.
The legislature finds that children are particularly susceptible to adverse effects of exposure to trauma. Children may undergo secondary trauma when they participate in investigation and prosecution of crimes and other stressful legal proceedings. The American academy of pediatrics advises ongoing psychosocial support for children to address the adverse effects of the traumatic event and their experience recounting it during the legal process. The American academy of pediatrics identifies assistance from courthouse facility dogs as an effective psychosocial support intervention for children participating in legal proceedings.
The legislature finds that courthouse facility dog programs in our state are innovative community-based interventions. The courthouse facility dog's calm companionship reduces a traumatized child's anxiety, prevents recurrent trauma, and supports the child's ability to respond to questions and information requests during investigations and subsequent court processes, and may hasten their recovery from this experience. Likewise, the courthouse facility dog program is an effective intervention for persons who have developmental disabilities, adults who experienced childhood trauma, and other vulnerable people who could have difficulty engaging with the legal process.
The legislature finds that multiple visits between a potential witness and the courthouse facility dog and handler may be needed to establish the relationship supporting an order for the courthouse facility dog's presence in court during testimony. Courthouse facility dogs and their handlers require access to locations outside the courthouse for meetings with potential witnesses or other activities associated with the courthouse facility dog program's operations. The law does not expressly authorize access for the dog and handler to noncourthouse locations or public transportation. Therefore, the legislature intends to authorize expanded access for courthouse facility dogs and their handlers to locations outside courthouses and to modes of public transportation to provide this service." [ 2023 c 59 s 1.]
"Witness" as used in this chapter shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
The word "state" shall include any territory of the United States and the District of Columbia.
The word "summons" shall include a subpoena, order or other notice requiring the appearance of a witness.
[ 1943 c 218 s 1; Rem. Supp. 1943 s 2150-1. ]
(1) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certified under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution, or grand jury investigation, and that such person's presence will be required for a specified number of days, upon presentation of such certificate, accompanied by an attestation made under penalty of perjury stating whether such prosecution or grand jury investigation is related to the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington, to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing. If a court finds that a false attestation was intentionally submitted and the prosecution or grand jury investigation is related to the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington, a statutory penalty of $10,000 per violation will apply. Submission of such attestation subjects the attester to the jurisdiction of the courts of Washington state for any suit, penalty, or damages arising out of a false attestation under this section.
(2) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, will give to such witness protection from arrest and the service of civil and criminal process, he or she shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence and of any other state through which the witness may be required to travel by ordinary course of travel, at a time and place specified in the certificate. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.
(3) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure such person's attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before such judge for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting state.
(4) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars for each day, that such person is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, such person shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
(5) The summons of a witness to testify in the prosecution or a grand jury investigation in another state is prohibited if such prosecution or grand jury investigation is related to the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington.
[ 2023 c 193 s 7; 2010 c 8 s 1050; 1943 c 218 s 2; Rem. Supp. 1943 s 2150-2. Formerly RCW 10.55.020, 10.55.030, 10.55.040, and 10.55.050. ]
NOTES:
Effective date—2023 c 193: See note following RCW 7.115.020.
If any person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness either for the prosecution or for the defense, in a criminal action pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his or her attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
If the witness is summoned to attend and testify in this state he or she shall be tendered the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars for each day that he or she is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he or she shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
[ 2010 c 8 s 1051; 1943 c 218 s 3; Rem. Supp. 1943 s 2150-3. Formerly RCW 10.55.060, 10.55.070, 10.55.080, and 10.55.090. ]
If a person comes into this state in obedience to a summons directing him or her to attend and testify in this state he or she shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his or her entrance into this state under the summons.
If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he or she shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his or her entrance into this state under the summons.
[ 2010 c 8 s 1052; 1943 c 218 s 4; Rem. Supp. 1943 s 2150-4. ]
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
[ 1943 c 218 s 5; Rem. Supp. 1943 s 2150-5. ]
This chapter may be cited as "Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings."
[ 1943 c 218 s 6; Rem. Supp. 1943 s 2150-6. ]
The legislature recognizes that prosecuting attorneys, law enforcement, and society at large strive for a criminal justice system that minimizes the risk [that] actually innocent people will be convicted. The legislature further recognizes that mistaken identification by witnesses to crime and false testimony by informants who are given benefits in exchange for their testimony have contributed to the conviction of the innocent in Washington state. Through the development of best practices related to the collection of eyewitness evidence and the use of informant witnesses, and the adoption of model guidelines to implement those practices, the legislature aims to improve the quality of such evidence and reduce the risk of wrongful conviction related to these contributing factors.
[ 2019 c 359 s 1. ]
(1) No later than December 31, 2020, each county prosecuting attorney shall:
(a) Adopt and implement a written local protocol for the use of informants consistent with the model guidelines developed pursuant to *RCW 10.56.030, and submit a copy of the local protocol to the work group established in *RCW 10.56.030; and
(b) Establish and maintain a central record of informants used in the course of criminal proceedings as well as formal offers to give testimony or other information. This record is the confidential work product of the office of the prosecuting attorney.
(2) If a county prosecutor adopts the model guidelines developed by the work group established under *RCW 10.56.030, it has met the requirements of subsection (1)(a) of this section.
(3) If a county prosecutor chooses to adopt its own local protocol, the protocol must articulate adequate preliminary disclosures to the defense and include a list of procedures for prosecuting attorneys to follow when evaluating the reliability of an informant that includes:
(a) The complete criminal history of the informant including pending criminal charges;
(b) Any consideration provided in exchange for the information or testimony;
(c) Whether the informant's information or testimony was modified or recanted;
(d) The number of times the informant has previously provided information or testimony in exchange for consideration; and
(e) The kind and quality of other evidence corroborating the informant's information or testimony.
(4) Nothing in this section diminishes federal constitutional disclosure obligations to criminal defendants or any related obligations under Washington case law, statutes, or court rules.
(5) For the purposes of this section, "informant" means any person who: (a) Was previously unconnected with the criminal case as either a witness or a codefendant; (b) claims to have relevant information about the crime; (c) is currently charged with a crime or is facing potential criminal charges or is in custody; and (d) at any time receives consideration in exchange for providing the information or testimony.
[ 2019 c 359 s 4. ]
NOTES:
*Reviser's note: RCW 10.56.030 expired December 31, 2022.
(1) If the testimony of an informant is admitted in a criminal proceeding, the prosecuting attorney or defendant may request a jury instruction on exercising caution in evaluating the credibility of an informant. Except when otherwise determined by the court, the instruction should be substantially similar to the following form:
"The testimony of an informant, given on behalf of the [State] [City] [County] in exchange for a legal advantage or other benefit, should be subjected to careful examination in the light of other evidence in the case, and should be acted upon with great caution. You, the jury, must weigh the credibility of his or her testimony. You should not find the defendant guilty upon such testimony alone unless, after carefully considering the testimony, you are satisfied beyond a reasonable doubt of its truth."
(2) For the purposes of this section, "informant" has the same meaning as in RCW 10.56.040.
[ 2019 c 359 s 5. ]
The rules of evidence in civil actions, so far as practicable, shall be applied to criminal prosecutions.
[ Code 1881 s 1071; 1873 p 234 s 233; 1854 p 117 s 97; RRS s 2152. ]
Every person charged with the commission of a crime shall be presumed innocent until the contrary is proved by competent evidence beyond a reasonable doubt; and when an offense has been proved against him or her, and there exists a reasonable doubt as to which of two or more degrees he or she is guilty, he or she shall be convicted only of the lowest.
[ 2010 c 8 s 1053; 1909 c 249 s 56; 1891 c 28 s 91; Code 1881 s 767; 1854 p 76 s 3; RRS s 2308. Formerly RCW 10.58.020 and 10.61.020. ]
NOTES:
Conviction of attempts or lesser or included crimes: RCW 10.61.003, 10.61.006, 10.61.010.
The confession of a defendant made under inducement, with all the circumstances, may be given as evidence against him or her, except when made under the influence of fear produced by threats; but a confession made under inducement is not sufficient to warrant a conviction without corroborating testimony.
[ 2010 c 8 s 1054; Code 1881 s 1070; 1873 p 234 s 232; 1854 p 117 s 96; RRS s 2151. ]
(1) In criminal and juvenile offense proceedings where independent proof of the corpus delicti is absent, and the alleged victim of the crime is dead or incompetent to testify, a lawfully obtained and otherwise admissible confession, admission, or other statement of the defendant shall be admissible into evidence if there is substantial independent evidence that would tend to establish the trustworthiness of the confession, admission, or other statement of the defendant.
(2) In determining whether there is substantial independent evidence that the confession, admission, or other statement of the defendant is trustworthy, the court shall consider, but is not limited to:
(a) Whether there is any evidence corroborating or contradicting the facts set out in the statement, including the elements of the offense;
(b) The character of the witness reporting the statement and the number of witnesses to the statement;
(c) Whether a record of the statement was made and the timing of the making of the record in relation to the making of the statement; and/or
(d) The relationship between the witness and the defendant.
(3) Where the court finds that the confession, admission, or other statement of the defendant is sufficiently trustworthy to be admitted, the court shall issue a written order setting forth the rationale for admission.
(4) Nothing in this section may be construed to prevent the defendant from arguing to the jury or judge in a bench trial that the statement is not trustworthy or that the evidence is otherwise insufficient to convict.
[ 2003 c 179 s 1. ]
A law enforcement officer, prosecuting attorney, or other government official may not ask or require a victim of an alleged sex offense to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of the offense. The refusal of a victim to submit to a polygraph examination or other truth telling device shall not by itself prevent the investigation, charging, or prosecution of the offense. For the purposes of this section, "sex offense" is any offense under chapter 9A.44 RCW.
[ 2007 c 202 s 1. ]
Whenever an intent to defraud shall be made an element of an offense, it shall be sufficient if an intent appears to defraud any person, association or body politic or corporate whatsoever.
[ 1909 c 249 s 40; RRS s 2292. ]
In the prosecution of any offense committed upon, or in relation to, or in any way affecting any real estate, or any offense committed in stealing, embezzling, destroying, injuring, or fraudulently receiving or concealing any money, goods, or other personal estate, it shall be sufficient, and shall not be deemed a variance, if it be proved on trial that at the time when such offense was committed, either the actual or constructive possession, or the general or special property in the whole, or any part of such real or personal estate, was in the person or community alleged in the indictment or other accusation to be the owner thereof.
[ Code 1881 s 963; 1854 p 99 s 133; RRS s 2156. ]
NOTES:
Indictment or information, certain defects or imperfections deemed immaterial: RCW 10.37.056.
The court may order a view by any jury impaneled to try a criminal case.
[ Code 1881 s 1090; 1873 p 237 s 251; 1854 p 120 s 115; RRS s 2160. ]
Upon an indictment or information for an offense consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment or information, and guilty of any degree inferior thereto, or of an attempt to commit the offense.
[ 1891 c 28 s 75; Code 1881 s 1097; 1854 p 120 s 122; RRS s 2167. Formerly RCW 10.61.010, part.] [SLC-RO-11 ]
NOTES:
Where doubt as to degree, conviction of lowest: RCW 10.58.020.
In all other cases the defendant may be found guilty of an offense the commission of which is necessarily included within that with which he or she is charged in the indictment or information.
[ 2010 c 8 s 1055; 1891 c 28 s 76; Code 1881 s 1098; 1854 p 120 s 123; RRS s 2168. Formerly RCW 10.61.010, part.] [SLC-RO-11 ]
Upon the trial of an indictment or information, the defendant may be convicted of the crime charged therein, or of a lesser degree of the same crime, or of an attempt to commit the crime so charged, or of an attempt to commit a lesser degree of the same crime. Whenever the jury shall find a verdict of guilty against a person so charged, they shall in their verdict specify the degree or attempt of which the accused is guilty.
[ 1909 c 249 s 11; RRS s 2263. FORMER PARTS OF SECTION: (i) 1891 c 28 s 75; Code 1881 s 1097; 1854 p 120 s 122; RRS s 2167, now codified as RCW 10.61.003. (ii) 1891 c 28 s 76; Code 1881 s 1098; 1854 p 120 s 123; RRS s 2168, now codified as RCW 10.61.006.] [SLC-RO-11 ]
Upon an indictment or information against several defendants any one or more may be convicted or acquitted.
[ 1891 c 28 s 37; Code 1881 s 1022; 1873 p 228 s 205; 1869 p 243 s 200; RRS s 2073. Formerly RCW 10.61.030, part. ]
NOTES:
Rules of court: This section superseded in part by CrR 6.16. See comment after CrR 6.16.
Discharging defendant to give evidence: RCW 10.46.110.
When there is a verdict of conviction in which it appears to the court that the jury have mistaken the law, the court may explain the reason for that opinion, and direct the jury to reconsider the verdict; and if after such reconsideration they return the same verdict it must be entered, but it shall be good cause for new trial. When there is a verdict of acquittal the court cannot require the jury to reconsider it.
[ 1891 c 28 s 78; Code 1881 s 1100; 1873 p 239 s 261; 1854 p 121 s 125; RRS s 2170. ]
When the defendant is found guilty, the court shall render judgment accordingly, and the defendant may be liable for all costs, unless the court or jury trying the cause expressly find otherwise. The court shall not order a defendant to pay costs, as described in RCW 10.01.160, if the court finds that the person at the time of sentencing is indigent as defined in RCW 10.01.160(3).
[ 2022 c 260 s 11; 2018 c 269 s 10; Code 1881 s 1104; 1873 p 241 s 272; 1854 p 121 s 129; RRS s 2187. Formerly RCW 10.64.010, part. ]
NOTES:
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Construction—2018 c 269: See note following RCW 10.82.090.
Requiring defendant to pay costs—Procedure: RCW 10.01.160, 10.01.170, chapter 10.82 RCW.
(1) A defendant who has been found guilty of a felony and is awaiting sentencing shall be detained unless the court finds by clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of any other person or the community if released. Any bail bond that was posted on behalf of a defendant shall, upon the defendant's conviction, be exonerated.
(2) A defendant who has been found guilty of one of the following offenses shall be detained pending sentencing: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076, and 9A.44.079); child molestation in the first, second, or third degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a minor in the first or second degree (RCW 9A.44.093 and 9A.44.096); indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW 9A.40.090); human trafficking in the first or second degree (RCW 9A.40.100); promoting commercial sexual abuse of a minor (RCW 9.68A.101); any class A or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses.
[ 2011 c 111 s 4; 1996 c 275 s 10; 1989 c 276 s 2. ]
NOTES:
Finding—1996 c 275: See note following RCW 9.94A.505.
Severability—1989 c 276: See note following RCW 9.95.062.
In order to minimize the trauma to the victim, the court may attach conditions on release of a defendant under RCW 10.64.025 regarding the whereabouts of the defendant, contact with the victim, or other conditions.
[ 1989 c 276 s 5. ]
NOTES:
Severability—1989 c 276: See note following RCW 9.95.062.
In every case where imprisonment in the penitentiary is awarded against any convict, the form of the sentence shall be, that he or she be punished by confinement at hard labor; and he or she may also be sentenced to solitary imprisonment for such term as the court shall direct, not exceeding twenty days at any one time; and in the execution of such punishment the solitary shall precede the punishment by hard labor, unless the court shall otherwise order.
[ 2010 c 8 s 1056; Code 1881 s 1127; 1873 p 243 s 285; 1854 p 124 s 149; RRS s 2208. ]
NOTES:
Indeterminate sentences: Chapter 9.95 RCW.
Sentencing, 1981 act: Chapter 9.94A RCW.
Every court before whom any person shall be convicted upon an indictment or information for an offense not punishable with death or imprisonment in the penitentiary may, in addition to the punishment prescribed by law, require such person to recognize with sufficient sureties in a reasonable sum to keep the peace, or to be of good behavior, or both, for any term not exceeding one year, and to stand committed until he or she shall so recognize.
[ 2010 c 8 s 1057; 1891 c 28 s 83; Code 1881 s 1121; 1873 p 242 s 279; 1854 p 123 s 143; RRS s 2202. FORMER PART OF SECTION: Code 1881 s 1122; 1873 p 242 s 280; 1854 p 123 s 144; RRS s 2203, now codified as RCW 10.64.075. ]
In case of the breach of the conditions of any such recognizance, the same proceedings shall be had that are by law prescribed in relation to recognizances to keep the peace.
[ Code 1881 s 1122; 1873 p 242 s 280; 1854 p 123 s 144; RRS s 2203. Formerly RCW 10.64.070, part. ]
Judgments for fines in all criminal actions rendered, are, and may be made liens upon the real estate of the defendant in the same manner, and with like effect as judgments in civil actions.
[ Code 1881 s 1111; RRS s 2188. ]
The clerk of the court shall make a final record of all the proceedings in a criminal prosecution within six months after the same shall have been decided, which shall contain a copy of the minutes of the challenge to the panel of the grand jury, the indictment or information, journal entries, pleadings, minutes of challenges to panel of petit jurors, judgment, orders, or decision, and bill of exceptions.
[ 1891 c 28 s 85; Code 1881 s 1134; 1873 p 245 s 292; 1854 p 125 s 156; RRS s 2224. ]
(1) Following June 15, 1977, except as provided in subsection (3) of this section, there shall be affixed to the original of every judgment and sentence of a felony conviction in every court in this state and every order adjudicating a juvenile to be a delinquent based upon conduct which would be a felony if committed by an adult, a fingerprint of the defendant or juvenile who is the subject of the order. When requested by the clerk of the court, the actual affixing of fingerprints shall be done by a representative of the office of the county sheriff.
(2) The clerk of the court shall attest that the fingerprints appearing on the judgment in sentence, order of adjudication of delinquency, or docket, is that of the individual who is the subject of the judgment or conviction, order, or docket entry.
(3) Amended judgment and sentences issued pursuant to State v. Blake, No. 96873-0 (Feb. 25, 2021), are exempt from the fingerprinting requirements in subsection (1) of this section when there are no additional offenses of conviction from the original judgment and sentence and the defendant is in custody in a correctional facility. In such cases, the amended judgment and sentence shall reference the original judgment and sentence and the fingerprints affixed thereto.
[ 2021 c 311 s 20; 1977 ex.s. c 259 s 1. ]
NOTES:
Effective date—2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.
(1) Every judge of a court of limited jurisdiction shall have the authority to levy upon a person a monthly assessment not to exceed one hundred dollars for services provided whenever the person is referred by the court to the misdemeanant probation department for evaluation or supervision services. The assessment may also be made by a judge in superior court when such misdemeanor or gross misdemeanor cases are heard in the superior court. Nothing in this subsection prevents contracting jurisdictions under RCW 39.34.180(6) from agreeing to the division of moneys received for probation supervision services.
(2) For the purposes of this section the administrative office of the courts shall define a probation department and adopt rules for the qualifications of probation officers based on occupational and educational requirements developed by an oversight committee. This oversight committee shall include a representative from the district and municipal court judges' association, the misdemeanant corrections association, the administrative office of the courts, and associations of cities and counties. The oversight committee shall consider qualifications that provide the training and education necessary to (a) conduct presentencing and postsentencing background investigations, including sentencing recommendations to the court regarding jail terms, alternatives to incarceration, and conditions of release; and (b) provide ongoing supervision and assessment of offenders' needs and the risk they pose to the community.
(3) It shall be the responsibility of the probation services office to implement local procedures approved by the court of limited jurisdiction to ensure collection and payment of such fees into the general fund of the city or county treasury.
(4) Revenues raised under this section shall be used to fund programs for probation services and shall be in addition to those funds provided in RCW 3.62.050.
(5) Assessments and fees levied upon a probationer under this section must be suspended while the probationer is being supervised by another state under RCW 9.94A.745, the interstate compact for adult offender supervision.
[ 2021 c 41 s 4. Prior: 2005 c 400 s 7; 2005 c 282 s 22; 1996 c 298 s 6; 1991 c 247 s 3; 1982 c 207 s 4. ]
NOTES:
Application—Effective date—2005 c 400: See notes following RCW 9.94A.74504.
(1) When a person is convicted of a felony and sentenced to a term of total confinement under the jurisdiction of the department of corrections, the court shall require the defendant to sign a statement acknowledging that:
(a) The defendant's right to vote has been lost due to the felony conviction and sentence to a term of total confinement;
(b) If the defendant is registered to vote, the voter registration will be canceled;
(c) The right to vote is automatically restored as long as the defendant is not serving a sentence of total confinement under the jurisdiction of the department of corrections;
(d) The defendant must reregister before voting; and
(e) Voting before the right is restored is a class C felony under RCW 29A.84.660.
(2) For the purposes of this section:
(a) A sentence of total confinement does not include confinement imposed as a sanction for a community custody violation under RCW 9.94A.633(1).
(b) "Total confinement" has the same meaning as in RCW 9.94A.030.
[ 2021 c 10 s 5; 2009 c 325 s 5; 2005 c 246 s 1. ]
NOTES:
Effective date—2021 c 10: See note following RCW 29A.08.520.
Effective date—2005 c 246: "This act takes effect January 1, 2006." [ 2005 c 246 s 26.]
The legislature finds that drug abuse is escalating at an alarming rate. New protections need to be established to address this drug crisis which is threatening every stratum of our society. Prohibiting known drug traffickers from frequenting areas for continuous drug activity is one means of addressing this pervasive problem.
[ 1989 c 271 s 213. ]
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Applicant" means any person who owns, occupies, or has a substantial interest in property, or who is a neighbor to property which is adversely affected by drug trafficking, including:
(a) A "family or household member" or "intimate partner" as defined in RCW 7.105.010, who has a possessory interest in a residence as an owner or tenant, at least as great as a known drug trafficker's interest;
(b) An owner or lessor;
(c) An owner, tenant, or resident who lives or works in a designated PADT area; or
(d) A city or prosecuting attorney for any jurisdiction in this state where drug trafficking is occurring.
(2) "Drug" or "drugs" means a controlled substance as defined in chapter 69.50 RCW or an "imitation controlled substance" as defined in RCW 69.52.020.
(3) "Known drug trafficker" means any person who has been convicted of a drug offense in this state, another state, or federal court who subsequently has been arrested for a drug offense in this state. For purposes of this definition, "drug offense" means a felony violation of chapter 69.50 or 69.52 RCW or equivalent law in another jurisdiction that involves the manufacture, distribution, or possession with intent to manufacture or distribute of a controlled substance or imitation controlled substance.
(4) "Off-limits orders" means an order issued by a superior or district court in the state of Washington that enjoins known drug traffickers from entering or remaining in a designated PADT area.
(5) "Protected against drug trafficking area" or "PADT area" means any specifically described area, public or private, contained in an off-limits order. The perimeters of a PADT area shall be defined using street names and numbers and shall include all real property contained therein, where drug sales, possession of drugs, pedestrian or vehicular traffic attendant to drug activity, or other activity associated with drug offenses confirms a pattern associated with drug trafficking. The area may include the full width of streets, alleys and sidewalks on the perimeter, common areas, planting strips, or parks and parking areas within the area described using the streets as boundaries.
[ 2021 c 215 s 119; 2020 c 29 s 11; 1989 c 271 s 214. ]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2020 c 29: See note following RCW 7.77.060.
A court may enter an off-limits order enjoining a known drug trafficker who has been associated with drug trafficking in an area that the court finds to be a PADT area, from entering or remaining in a designated PADT area for up to one year. This relief may be ordered pursuant to applications for injunctive relief or as part of a criminal proceeding as follows:
(1) In a civil action, including an action brought under this chapter;
(2) In a nuisance abatement action pursuant to chapter 7.43 RCW;
(3) In an eviction action to exclude known drug traffickers or tenants who were evicted for allowing drug trafficking to occur on the premises which were the subject of the eviction action;
(4) As a condition of pretrial release of a known drug trafficker awaiting trial on drug charges. The order shall be in effect until the time of sentencing or dismissal of the criminal charges; or
(5) As a condition of sentencing of any known drug trafficker convicted of a drug offense. The order may include all periods of community placement or community supervision.
[ 1989 c 271 s 215. ]
Upon the filing of an application for an off-limits order under RCW 10.66.020 (1), (2), or (3), the court shall set a hearing fourteen days from the filing of the application, or as soon thereafter as the hearing can be scheduled. If the respondent has not already been served with a summons, the application shall be served on the respondent not less than five court days before the hearing. If timely service cannot be made, the court may set a new hearing date.
[ 1989 c 271 s 216. ]
Upon filing an application for an off-limits order under this chapter, an applicant may obtain an ex parte temporary off-limits order, with or without notice, only upon a showing that serious or irreparable harm will result to the applicant if the temporary off-limits order is not granted. An ex parte temporary off-limits order shall be effective for a fixed period not to exceed fourteen days, but the court may reissue the order upon a showing of good cause. A hearing on a one-year off-limits order, as provided in this chapter, shall be set for fourteen days from the issuance of the temporary order. The respondent shall be personally served with a copy of the temporary off-limits order along with a copy of the application and notice of the date set for the full hearing. At the hearing, if the court finds that respondent is a known drug trafficker who has engaged in drug trafficking in a particular area, and that the area is associated with a pattern of drug activities, the court shall issue a one-year off-limits order prohibiting the respondent from having any contact with the PADT area. At any time within three months before the expiration of the order, the applicant may apply for a renewal of the order by filing a new petition under this chapter.
[ 1989 c 271 s 217. ]
In granting a temporary off-limits order or a one-year off-limits order, the court shall have discretion to grant additional relief as the court considers proper to achieve the purposes of this chapter. The PADT area defined in any off-limits order must be reasonably related to the area or areas impacted by the unlawful drug activity as described by the applicant in any civil action under RCW 10.66.020 (1), (2), or (3). The court in its discretion may allow a respondent, who is the subject of any order issued under RCW 10.66.020 as part of a civil or criminal proceeding, to enter an off-limits area or areas for health or employment reasons, subject to conditions prescribed by the court. Upon request, a certified copy of the order shall be provided to the applicant by the clerk of the court.
[ 1999 c 143 s 46; 1989 c 271 s 218. ]
A temporary off-limits order or a one-year off-limits order may not issue under this chapter except upon the giving of a bond or security by the applicant. The court shall set the bond or security in the amount the court deems proper, but not less than one thousand dollars, for the payment of costs and damages that may be incurred by any party who is found to have been wrongfully restrained or enjoined. A bond or security shall not be required of the state of Washington, municipal corporations, or political subdivisions of the state of Washington.
[ 1989 c 271 s 219. ]
Nothing in this chapter shall preclude a party from appearing in person or by counsel.
[ 1989 c 271 s 220. ]
A copy of an off-limits order granted under this chapter shall be forwarded by the court to the local law enforcement agency with jurisdiction over the PADT area specified in the order on or before the next judicial day following issuance of the order. Upon receipt of the order, the law enforcement agency shall promptly enter it into an appropriate law enforcement information system.
[ 1989 c 271 s 221. ]
(1) A person who willfully disobeys an off-limits order issued under this chapter is guilty of a gross misdemeanor.
(2) A person is guilty of a class C felony punishable according to chapter 9A.20 RCW if the person willfully disobeys an off-limits order in violation of the terms of the order and also either:
(a) Enters or remains in a PADT area that is within one thousand feet of any school; or
(b) Is convicted of a second or subsequent violation of this chapter.
[ 2003 c 53 s 93; 1989 c 271 s 223. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Any person who willfully disobeys an off-limits order issued under this chapter shall be subject to criminal penalties as provided in this chapter and may also be found in contempt of court and subject to penalties under chapter 7.21 RCW.
[ 1999 c 143 s 47; 1989 c 271 s 222. ]
The superior courts shall have jurisdiction of all civil actions and all felony criminal proceedings brought under this chapter. Courts of limited jurisdiction shall have jurisdiction of all misdemeanor and gross misdemeanor criminal actions brought under this chapter.
[ 1989 c 271 s 224. ]
For the purposes of this chapter, an action may be brought in any county in which any element of the alleged drug trafficking activities occurred.
[ 1989 c 271 s 225. ]
Upon application, notice to all parties, and a hearing, the court may modify the terms of an off-limits order. When an order is terminated, modified, or amended before its expiration date, the clerk of the court shall forward, on or before the next judicial day, a true copy of the amended order to the law enforcement agency specified in the order. Upon receipt of an order, the law enforcement agency shall promptly enter it into an appropriate law enforcement information system.
[ 1989 c 271 s 226. ]
When the defendant is adjudged to pay a fine and costs, the court shall order him or her to be committed to the custody of the sheriff until the fine and costs are paid or secured as provided by law.
[ 2010 c 8 s 1058; Code 1881 s 1119; 1873 p 242 s 277; 1854 p 123 s 141; RRS s 2200. ]
NOTES:
Commitment for failure to pay fine and costs—Execution against defendant's property: RCW 10.82.030.
Stay of execution for sixty days on recognizance: RCW 10.82.020, 10.82.025.
When any person shall be sentenced to be imprisoned in the penitentiary or county jail, the clerk of the court shall, as soon as may be, make out and deliver to the sheriff of the county, or his or her deputy, a transcript from the minutes of the court of such conviction and sentence, duly certified by such clerk, which shall be sufficient authority for such sheriff to execute the sentence, who shall execute it accordingly.
[ 2010 c 8 s 1059; Code 1881 s 1126; 1873 p 243 s 284; 1854 p 124 s 148; RRS s 2207. ]
Appeal by defendant, see Rules of Court.
In all criminal actions, except capital cases in which the proof of guilt is clear or the presumption great, upon an appeal being taken from a judgment of conviction, the court in which the judgment was rendered, or a judge thereof, must, by an order entered in the journal or filed with the clerk, fix and determine the amount of bail to be required of the appellant; and the appellant shall be committed until a bond to the state of Washington in the sum so fixed be executed on his or her behalf by at least two sureties possessing the qualifications required for sureties on appeal bonds, such bond to be conditioned that the appellant shall appear whenever required, and stand to and abide by the judgment or orders of the appellate court, and any judgment and order of the superior court that may be rendered or made in pursuance thereof. If the appellant be already at large on bail, his or her sureties shall be liable to the amount of their bond, in the same manner and upon the same conditions as if they had executed the bond prescribed by this section; but the court may by order require a new bond in a larger amount or with new sureties, and may commit the appellant until the order be complied with.
[ 2010 c 8 s 1060; 1999 c 143 s 48; 1893 c 61 s 31; RRS s 1747. ]
(1) No petition or motion for collateral attack on a judgment and sentence in a criminal case may be filed more than one year after the judgment becomes final if the judgment and sentence is valid on its face and was rendered by a court of competent jurisdiction.
(2) For the purposes of this section, "collateral attack" means any form of postconviction relief other than a direct appeal. "Collateral attack" includes, but is not limited to, a personal restraint petition, a habeas corpus petition, a motion to vacate judgment, a motion to withdraw guilty plea, a motion for a new trial, and a motion to arrest judgment.
(3) For the purposes of this section, a judgment becomes final on the last of the following dates:
(a) The date it is filed with the clerk of the trial court;
(b) The date that an appellate court issues its mandate disposing of a timely direct appeal from the conviction; or
(c) The date that the United States Supreme Court denies a timely petition for certiorari to review a decision affirming the conviction on direct appeal. The filing of a motion to reconsider denial of certiorari does not prevent a judgment from becoming final.
[ 1989 c 395 s 1. ]
The time limit specified in RCW 10.73.090 does not apply to a petition or motion that is based solely on one or more of the following grounds:
(1) Newly discovered evidence, if the defendant acted with reasonable diligence in discovering the evidence and filing the petition or motion;
(2) The statute that the defendant was convicted of violating was unconstitutional on its face or as applied to the defendant's conduct;
(3) The conviction was barred by double jeopardy under Amendment V of the United States Constitution or Article I, section 9 of the state Constitution;
(4) The defendant pleaded not guilty and the evidence introduced at trial was insufficient to support the conviction;
(5) The sentence imposed was in excess of the court's jurisdiction;
(6) A motion for a modification of conditions of community custody pursuant to RCW 9.94A.703 and 9.94A.709; or
(7) There has been a significant change in the law, whether substantive or procedural, which is material to the conviction, sentence, or other order entered in a criminal or civil proceeding instituted by the state or local government, and either the legislature has expressly provided that the change in the law is to be applied retroactively, or a court, in interpreting a change in the law that lacks express legislative intent regarding retroactive application, determines that sufficient reasons exist to require retroactive application of the changed legal standard.
[ 2024 c 118 s 8; 1989 c 395 s 2. ]
NOTES:
Application—Effective date—2024 c 118: See notes following RCW 9.94A.704.
At the time judgment and sentence is pronounced in a criminal case, the court shall advise the defendant of the time limit specified in RCW 10.73.090 and 10.73.100.
[ 1989 c 395 s 4. ]
As soon as practicable after July 23, 1989, the department of corrections shall attempt to advise the following persons of the time limit specified in RCW 10.73.090 and 10.73.100: Every person who, on July 23, 1989, is serving a term of incarceration, probation, parole, or community supervision pursuant to conviction of a felony.
[ 1989 c 395 s 5. ]
RCW 10.73.090 and 10.73.100 apply only to petitions and motions filed more than one year after July 23, 1989.
[ 1989 c 395 s 6. ]
If a person has previously filed a petition for personal restraint, the court of appeals will not consider the petition unless the person certifies that he or she has not filed a previous petition on similar grounds, and shows good cause why the petitioner did not raise the new grounds in the previous petition. Upon receipt of a personal restraint petition, the court of appeals shall review the petition and determine whether the person has previously filed a petition or petitions and if so, compare them. If upon review, the court of appeals finds that the petitioner has previously raised the same grounds for review, or that the petitioner has failed to show good cause why the ground was not raised earlier, the court of appeals shall dismiss the petition on its own motion without requiring the state to respond to the petition. Upon receipt of a first or subsequent petition, the court of appeals shall, whenever possible, review the petition and determine if the petition is based on frivolous grounds. If frivolous, the court of appeals shall dismiss the petition on its own motion without first requiring the state to respond to the petition.
[ 1989 c 395 s 9. ]
Counsel shall be provided at state expense to an adult offender convicted of a crime and to a juvenile offender convicted of an offense when the offender is indigent or indigent and able to contribute as those terms are defined in RCW 10.101.010 and the offender:
(1) Files an appeal as a matter of right;
(2) Responds to an appeal filed as a matter of right or responds to a motion for discretionary review or petition for review filed by the state;
(3) Is under a sentence of death and requests counsel be appointed to file and prosecute a motion or petition for collateral attack as defined in RCW 10.73.090. Counsel may be provided at public expense to file or prosecute a second or subsequent collateral attack on the same judgment and sentence, if the court determines that the collateral attack is not barred by RCW 10.73.090 or 10.73.140;
(4) Is not under a sentence of death and requests counsel to prosecute a collateral attack after the chief judge has determined that the issues raised by the petition are not frivolous, in accordance with the procedure contained in rules of appellate procedure 16.11. Counsel shall not be provided at public expense to file or prosecute a second or subsequent collateral attack on the same judgment and sentence;
(5) Responds to a collateral attack filed by the state or responds to or prosecutes an appeal from a collateral attack that was filed by the state;
(6) Prosecutes a motion or petition for review after the supreme court or court of appeals has accepted discretionary review of a decision of a court of limited jurisdiction; or
(7) Prosecutes a motion or petition for review after the supreme court has accepted discretionary review of a court of appeals decision.
[ 1995 c 275 s 2. ]
NOTES:
Finding—1995 c 275: "The legislature is aware that the constitutional requirements of equal protection and due process require that counsel be provided for indigent persons and persons who are indigent and able to contribute for the first appeal as a matter of right from a judgment and sentence in a criminal case or a juvenile offender proceeding, and no further. There is no constitutional right to appointment of counsel at public expense to collaterally attack a judgment and sentence in a criminal case or juvenile offender proceeding or to seek discretionary review of a lower appellate court decision.
The legislature finds that it is appropriate to extend the right to counsel at state expense beyond constitutional requirements in certain limited circumstances to persons who are indigent and persons who are indigent and able to contribute as those terms are defined in RCW 10.101.010." [ 1995 c 275 s 1.]
Severability—1995 c 275: "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." [ 1995 c 275 s 5.]
(1) The court of appeals, supreme court, and superior courts may require an adult offender convicted of an offense to pay appellate costs.
(2) Appellate costs are limited to expenses specifically incurred by the state in prosecuting or defending an appeal or collateral attack from a criminal conviction. Appellate costs shall not include expenditures to maintain and operate government agencies that must be made irrespective of specific violations of the law. Expenses incurred for producing a verbatim report of proceedings and clerk's papers may be included in costs the court may require a convicted defendant to pay.
(3) Costs, including recoupment of fees for court-appointed counsel, shall be requested in accordance with the procedures contained in Title 14 of the rules of appellate procedure and in Title 9 of the rules for appeal of decisions of courts of limited jurisdiction. An award of costs shall become part of the trial court judgment and sentence.
(4) A defendant who has been sentenced to pay costs and who has not willfully failed to pay the obligation, as described in RCW 9.94A.6333, 9.94B.040, and 10.01.180, may at any time petition the court that sentenced the defendant or juvenile offender for remission of the payment of costs or of any unpaid portion. If it appears to the satisfaction of the sentencing court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the sentencing court may remit all or part of the amount due in costs, modify the method of payment under RCW 10.01.170, or convert the unpaid costs 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. Manifest hardship exists where the defendant or juvenile offender is indigent as defined in RCW 10.01.160(3).
(5) The parents or another person legally obligated to support a juvenile offender who has been ordered to pay appellate costs and who is not in contumacious default in the payment may at any time petition the court that sentenced the juvenile offender for remission of the payment of costs or of any unpaid portion. If it appears to the satisfaction of the sentencing court that payment of the amount due will impose manifest hardship on the parents or another person legally obligated to support a juvenile offender or on their immediate families, the sentencing court may remit all or part of the amount due in costs, or may modify the method of payment.
[ 2022 c 260 s 10; 2018 c 269 s 12; 2015 c 265 s 22; 1995 c 275 s 3. ]
NOTES:
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Construction—2018 c 269: See note following RCW 10.82.090.
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Finding—Severability—1995 c 275: See notes following RCW 10.73.150.
(1) A person convicted of a felony in a Washington state court who currently is serving a term of imprisonment may submit to the court that entered the judgment of conviction a verified written motion requesting DNA testing, with a copy of the motion provided to the state office of public defense.
(2) The motion shall:
(a) State that:
(i) The court ruled that DNA testing did not meet acceptable scientific standards; or
(ii) DNA testing technology was not sufficiently developed to test the DNA evidence in the case; or
(iii) The DNA testing now requested would be significantly more accurate than prior DNA testing or would provide significant new information;
(b) Explain why DNA evidence is material to the identity of the perpetrator of, or accomplice to, the crime, or to sentence enhancement; and
(c) Comply with all other procedural requirements established by court rule.
(3) The court shall grant a motion requesting DNA testing under this section if such motion is in the form required by subsection (2) of this section, and the convicted person has shown the likelihood that the DNA evidence would demonstrate innocence on a more probable than not basis.
(4) Upon written request to the court that entered a judgment of conviction, a convicted person who demonstrates that he or she is indigent under RCW 10.101.010 may request appointment of counsel solely to prepare and present a motion under this section, and the court, in its discretion, may grant the request. Such motion for appointment of counsel shall comply with all procedural requirements established by court rule.
(5) DNA testing ordered under this section shall be performed by the Washington state patrol crime laboratory. Contact with victims shall be handled through victim/witness divisions.
(6) Notwithstanding any other provision of law, upon motion of defense counsel or the court's own motion, a sentencing court in a felony case may order the preservation of any biological material that has been secured in connection with a criminal case, or evidence samples sufficient for testing, in accordance with any court rule adopted for the preservation of evidence. The court must specify the samples to be maintained and the length of time the samples must be preserved.
[ 2005 c 5 s 1; 2003 c 100 s 1; 2001 c 301 s 1; 2000 c 92 s 1. ]
NOTES:
Effective date—2005 c 5: "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 takes effect immediately [March 9, 2005]." [ 2005 c 5 s 2.]
Construction—2001 c 301: "Nothing in this act may be construed to create a new or additional cause of action in any court. Nothing in this act shall be construed to limit any rights offenders might otherwise have to court access under any other statutory or constitutional provision." [ 2001 c 301 s 2.]
Report on DNA testing—2000 c 92: "By December 1, 2001, the office of public defense shall prepare a report detailing the following: (1) The number of postconviction DNA test requests approved by the respective prosecutor; (2) the number of postconviction DNA test requests denied by the respective prosecutor and a summary of the basis for the denials; (3) the number of appeals for postconviction DNA testing approved by the attorney general's office; (4) the number of appeals for postconviction DNA testing denied by the attorney general's office and a summary of the basis for the denials; and (5) a summary of the results of the postconviction DNA tests conducted pursuant to RCW 10.73.170 (2) and (3). The report shall also provide an estimate of the number of persons convicted of crimes where DNA evidence was not admitted because the court ruled DNA testing did not meet acceptable scientific standards or where DNA testing technology was not sufficiently developed to test the DNA evidence in the case." [ 2000 c 92 s 2.]
Intent—2000 c 92: "Nothing in chapter 92, Laws of 2000 is intended to create a legal right or cause of action. Nothing in chapter 92, Laws of 2000 is intended to deny or alter any existing legal right or cause of action. Nothing in chapter 92, Laws of 2000 should be interpreted to deny postconviction DNA testing requests under existing law by convicted and incarcerated persons who were sentenced to confinement for a term less than life or the death penalty." [ 2000 c 92 s 4.]
As used in this chapter:
(1) "Admission" means acceptance based on medical necessity, of a person as a patient.
(2) "Authority" means the Washington state health care authority.
(3) "Clinical intervention specialist" means a licensed professional with prescribing authority who is employed by or contracted with the department to provide direct services, enhanced oversight and monitoring of the behavioral health status of in-custody defendants who have been referred for evaluation or restoration services related to competency to stand trial and who coordinate treatment options with forensic navigators, the department, and jail health services.
(4) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less-restrictive setting.
(5) "Community behavioral health agency" has the same meaning as "licensed or certified behavioral health agency" defined in RCW 71.24.025.
(6) "Conditional release" means modification of a court-ordered commitment, which may be revoked upon violation of any of its terms.
(7) A "criminally insane" person means any person who has been acquitted of a crime charged by reason of insanity, and thereupon found to be a substantial danger to other persons or to present a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions.
(8) "Department" means the state department of social and health services.
(9) "Designated crisis responder" has the same meaning as provided in RCW 71.05.020.
(10) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter, pending evaluation.
(11) "Developmental disabilities professional" means a person who has specialized training and experience in directly treating or working with persons with developmental disabilities and is a psychiatrist or psychologist, or a social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary.
(12) "Developmental disability" means the condition as defined in RCW 71A.10.020.
(13) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order.
(14) "Furlough" means an authorized leave of absence for a resident of a state institution operated by the department designated for the custody, care, and treatment of the criminally insane, consistent with an order of conditional release from the court under this chapter, without any requirement that the resident be accompanied by, or be in the custody of, any law enforcement or institutional staff, while on such unescorted leave.
(15) "Genuine doubt as to competency" means that there is reasonable cause to believe, based upon actual interactions with or observations of the defendant or information provided by counsel, that a defendant is incompetent to stand trial.
(16) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct.
(17) "History of one or more violent acts" means violent acts committed during: (a) The 10-year period of time prior to the filing of criminal charges; plus (b) the amount of time equal to time spent during the 10-year period in a mental health facility or in confinement as a result of a criminal conviction.
(18) "Immediate family member" means a spouse, child, stepchild, parent, stepparent, grandparent, sibling, or domestic partner.
(19) "Incompetency" means a person lacks the capacity to understand the nature of the proceedings against him or her or to assist in his or her own defense as a result of mental disease or defect.
(20) "Indigent" means any person who is indigent as defined in RCW 10.101.010, or financially unable to obtain counsel or other necessary expert or professional services without causing substantial hardship to the person or his or her family.
(21) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for an individual with developmental disabilities, which shall state:
(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual release, and a projected possible date for release; and
(g) The type of residence immediately anticipated for the person and possible future types of residences.
(22) "Professional person" means:
(a) A psychiatrist licensed as a physician and surgeon in this state who has, in addition, completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology or the American osteopathic board of neurology and psychiatry;
(b) A psychologist licensed as a psychologist pursuant to chapter 18.83 RCW;
(c) A psychiatric advanced registered nurse practitioner, as defined in RCW 71.05.020; or
(d) A social worker with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010.
(23) "Release" means legal termination of the court-ordered commitment under the provisions of this chapter.
(24) "Secretary" means the secretary of the department of social and health services or his or her designee.
(25) "Treatment" means any currently standardized medical or mental health procedure including medication.
(26) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by behavioral health administrative services organizations and their staffs, by managed care organizations and their staffs, and by treatment facilities. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, behavioral health administrative services organizations, managed care organizations, or a treatment facility if the notes or records are not available to others.
(27) "Violent act" means behavior that: (a)(i) Resulted in; (ii) if completed as intended would have resulted in; or (iii) was threatened to be carried out by a person who had the intent and opportunity to carry out the threat and would have resulted in, homicide, nonfatal injuries, or substantial damage to property; or (b) recklessly creates an immediate risk of serious physical injury to another person. As used in this subsection, "nonfatal injuries" means physical pain or injury, illness, or an impairment of physical condition. "Nonfatal injuries" shall be construed to be consistent with the definition of "bodily injury," as defined in RCW 9A.04.110.
[ 2023 c 453 s 2; 2023 c 120 s 5. Prior: 2022 c 288 s 1; prior: 2021 c 263 s 9; 2019 c 325 s 5005; 2016 sp.s. c 29 s 405; 2014 c 225 s 58; 2011 c 89 s 4; 2010 c 262 s 2; 2005 c 504 s 106; 2004 c 157 s 2; 2000 c 94 s 12; prior: 1999 c 143 s 49; 1999 c 13 s 2; 1998 c 297 s 29; 1993 c 31 s 4; 1989 c 420 s 3; 1983 c 122 s 1; 1974 ex.s. c 198 s 1; 1973 1st ex.s. c 117 s 1. ]
NOTES:
Reviser's note: This section was amended by 2023 c 120 s 5 and by 2023 c 453 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—2023 c 453: See note following RCW 10.77.400.
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Application—2021 c 263: See note following RCW 10.77.550.
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Effective date—2014 c 225: See note following RCW 71.24.016.
Effective date—2011 c 89: See note following RCW 18.320.005.
Findings—2011 c 89: See RCW 18.320.005.
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
Findings—Intent—2004 c 157: "The legislature finds that recent state and federal case law requires clarification of state statutes with regard to competency evaluations and involuntary medication ordered in the context of competency restoration.
The legislature finds that the court in Born v. Thompson, 117 Wn. App. 57 (2003) interpreted the term "nonfatal injuries" in a manner that conflicts with the stated intent of the legislature to: "(1) Clarify that it is the nature of a person's current conduct, current mental condition, history, and likelihood of committing future acts that pose a threat to public safety or himself or herself, rather than simple categorization of offenses, that should determine treatment procedures and level; ... and (3) provide additional opportunities for mental health treatment for persons whose conduct threatens himself or herself or threatens public safety and has led to contact with the criminal justice system" as stated in section 1, chapter 297, Laws of 1998. Consequently, the legislature intends to clarify that it intended "nonfatal injuries" to be interpreted in a manner consistent with the purposes of the competency restoration statutes.
The legislature also finds that the decision in Sell v. United States, ___U.S. ____ (2003), requires a determination whether a particular criminal offense is "serious" in the context of competency restoration and the state's duty to protect the public. The legislature further finds that, in order to adequately protect the public and in order to provide additional opportunities for mental health treatment for persons whose conduct threatens themselves or threatens public safety and has led to contact with the criminal justice system in the state, the determination of those criminal offenses that are "serious" offenses must be made consistently throughout the state. In order to facilitate this consistency, the legislature intends to determine those offenses that are serious in every case as well as the standards by which other offenses may be determined to be serious. The legislature also intends to clarify that a court may, to the extent permitted by federal law and required by the Sell decision, inquire into the civil commitment status of a defendant and may be told, if known." [ 2004 c 157 s 1.]
Severability—2004 c 157: "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." [ 2004 c 157 s 7.]
Effective date—2004 c 157: "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 takes effect immediately [March 26, 2004]." [ 2004 c 157 s 8.]
Purpose—Construction—1999 c 13: "The purpose of this act is to make technical nonsubstantive changes to chapters 10.77 and 71.05 RCW. No provision of this act shall be construed as a substantive change in the provisions dealing with persons charged with crimes who are subject to evaluation under chapter 10.77 or 71.05 RCW." [ 1999 c 13 s 1.]
Alphabetization of section—1998 c 297 s 29: "The code reviser shall alphabetize the definitions in RCW 10.77.010 and correct any references." [ 1998 c 297 s 51.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
PDFRCW 10.77.010
Definitions. (Effective June 30, 2027.)
As used in this chapter:
(1) "Admission" means acceptance based on medical necessity, of a person as a patient.
(2) "Authority" means the Washington state health care authority.
(3) "Clinical intervention specialist" means a licensed professional with prescribing authority who is employed by or contracted with the department to provide direct services, enhanced oversight and monitoring of the behavioral health status of in-custody defendants who have been referred for evaluation or restoration services related to competency to stand trial and who coordinate treatment options with forensic navigators, the department, and jail health services.
(4) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less-restrictive setting.
(5) "Community behavioral health agency" has the same meaning as "licensed or certified behavioral health agency" defined in RCW 71.24.025.
(6) "Conditional release" means modification of a court-ordered commitment, which may be revoked upon violation of any of its terms.
(7) A "criminally insane" person means any person who has been acquitted of a crime charged by reason of insanity, and thereupon found to be a substantial danger to other persons or to present a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions.
(8) "Department" means the state department of social and health services.
(9) "Designated crisis responder" has the same meaning as provided in RCW 71.05.020.
(10) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter, pending evaluation.
(11) "Developmental disabilities professional" means a person who has specialized training and experience in directly treating or working with persons with developmental disabilities and is a psychiatrist or psychologist, or a social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary.
(12) "Developmental disability" means the condition as defined in RCW 71A.10.020.
(13) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order.
(14) "Furlough" means an authorized leave of absence for a resident of a state institution operated by the department designated for the custody, care, and treatment of the criminally insane, consistent with an order of conditional release from the court under this chapter, without any requirement that the resident be accompanied by, or be in the custody of, any law enforcement or institutional staff, while on such unescorted leave.
(15) "Genuine doubt as to competency" means that there is reasonable cause to believe, based upon actual interactions with or observations of the defendant or information provided by counsel, that a defendant is incompetent to stand trial.
(16) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct.
(17) "History of one or more violent acts" means violent acts committed during: (a) The 10-year period of time prior to the filing of criminal charges; plus (b) the amount of time equal to time spent during the 10-year period in a mental health facility or in confinement as a result of a criminal conviction.
(18) "Immediate family member" means a spouse, child, stepchild, parent, stepparent, grandparent, sibling, or domestic partner.
(19) "Incompetency" means a person lacks the capacity to understand the nature of the proceedings against him or her or to assist in his or her own defense as a result of mental disease or defect.
(20) "Indigent" means any person who is indigent as defined in RCW 10.101.010, or financially unable to obtain counsel or other necessary expert or professional services without causing substantial hardship to the person or his or her family.
(21) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for an individual with developmental disabilities, which shall state:
(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual release, and a projected possible date for release; and
(g) The type of residence immediately anticipated for the person and possible future types of residences.
(22) "Professional person" means:
(a) A psychiatrist licensed as a physician and surgeon in this state who has, in addition, completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology or the American osteopathic board of neurology and psychiatry;
(b) A psychologist licensed as a psychologist pursuant to chapter 18.83 RCW;
(c) A psychiatric advanced practice registered nurse, as defined in *RCW 71.05.020; or
(d) A social worker with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010.
(23) "Release" means legal termination of the court-ordered commitment under the provisions of this chapter.
(24) "Secretary" means the secretary of the department of social and health services or his or her designee.
(25) "Treatment" means any currently standardized medical or mental health procedure including medication.
(26) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by behavioral health administrative services organizations and their staffs, by managed care organizations and their staffs, and by treatment facilities. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, behavioral health administrative services organizations, managed care organizations, or a treatment facility if the notes or records are not available to others.
(27) "Violent act" means behavior that: (a)(i) Resulted in; (ii) if completed as intended would have resulted in; or (iii) was threatened to be carried out by a person who had the intent and opportunity to carry out the threat and would have resulted in, homicide, nonfatal injuries, or substantial damage to property; or (b) recklessly creates an immediate risk of serious physical injury to another person. As used in this subsection, "nonfatal injuries" means physical pain or injury, illness, or an impairment of physical condition. "Nonfatal injuries" shall be construed to be consistent with the definition of "bodily injury," as defined in RCW 9A.04.110.
[ 2025 c 58 s 5065. Prior: 2023 c 453 s 2; 2023 c 120 s 5; prior: 2022 c 288 s 1; prior: 2021 c 263 s 9; 2019 c 325 s 5005; 2016 sp.s. c 29 s 405; 2014 c 225 s 58; 2011 c 89 s 4; 2010 c 262 s 2; 2005 c 504 s 106; 2004 c 157 s 2; 2000 c 94 s 12; prior: 1999 c 143 s 49; 1999 c 13 s 2; 1998 c 297 s 29; 1993 c 31 s 4; 1989 c 420 s 3; 1983 c 122 s 1; 1974 ex.s. c 198 s 1; 1973 1st ex.s. c 117 s 1.]
*Reviser's note: RCW 71.05.020 does not define "psychiatric advanced practice registered nurse," but does define "psychiatric advanced registered nurse practitioner." The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Findings—2023 c 453: See note following RCW 10.77.400.
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Application—2021 c 263: See note following RCW 10.77.550.
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Effective date—2014 c 225: See note following RCW 71.24.016.
Effective date—2011 c 89: See note following RCW 18.320.005.
Findings—2011 c 89: See RCW 18.320.005.
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
Findings—Intent—2004 c 157: "The legislature finds that recent state and federal case law requires clarification of state statutes with regard to competency evaluations and involuntary medication ordered in the context of competency restoration.
The legislature finds that the court in Born v. Thompson, 117 Wn. App. 57 (2003) interpreted the term "nonfatal injuries" in a manner that conflicts with the stated intent of the legislature to: "(1) Clarify that it is the nature of a person's current conduct, current mental condition, history, and likelihood of committing future acts that pose a threat to public safety or himself or herself, rather than simple categorization of offenses, that should determine treatment procedures and level; ... and (3) provide additional opportunities for mental health treatment for persons whose conduct threatens himself or herself or threatens public safety and has led to contact with the criminal justice system" as stated in section 1, chapter 297, Laws of 1998. Consequently, the legislature intends to clarify that it intended "nonfatal injuries" to be interpreted in a manner consistent with the purposes of the competency restoration statutes.
The legislature also finds that the decision in Sell v. United States, ___U.S. ____ (2003), requires a determination whether a particular criminal offense is "serious" in the context of competency restoration and the state's duty to protect the public. The legislature further finds that, in order to adequately protect the public and in order to provide additional opportunities for mental health treatment for persons whose conduct threatens themselves or threatens public safety and has led to contact with the criminal justice system in the state, the determination of those criminal offenses that are "serious" offenses must be made consistently throughout the state. In order to facilitate this consistency, the legislature intends to determine those offenses that are serious in every case as well as the standards by which other offenses may be determined to be serious. The legislature also intends to clarify that a court may, to the extent permitted by federal law and required by the Sell decision, inquire into the civil commitment status of a defendant and may be told, if known." [ 2004 c 157 s 1.]
Severability—2004 c 157: "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." [ 2004 c 157 s 7.]
Effective date—2004 c 157: "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 takes effect immediately [March 26, 2004]." [ 2004 c 157 s 8.]
Purpose—Construction—1999 c 13: "The purpose of this act is to make technical nonsubstantive changes to chapters 10.77 and 71.05 RCW. No provision of this act shall be construed as a substantive change in the provisions dealing with persons charged with crimes who are subject to evaluation under chapter 10.77 or 71.05 RCW." [ 1999 c 13 s 1.]
Alphabetization of section—1998 c 297 s 29: "The code reviser shall alphabetize the definitions in RCW 10.77.010 and correct any references." [ 1998 c 297 s 51.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
(1) At any and all stages of the proceedings pursuant to this chapter, any person subject to the provisions of this chapter shall be entitled to the assistance of counsel, and if the person is indigent the court shall appoint counsel to assist him or her. Prior to acquittal by reason of insanity under this chapter, the court shall appoint counsel administered by the county where the criminal charges are filed.
At the time an indigent individual is acquitted by reason of insanity and is committed to state psychiatric care, the court shall immediately notify the Washington state office of public defense of the need for representation during the term of commitment. The office of public defense shall provide counsel to represent the person throughout the term of commitment, including during any period of conditional release, until legal termination of commitment and final unconditional release, as provided in chapter 2.70 RCW.
(2) A person may waive his or her right to counsel; but such waiver shall only be effective if a court makes a specific finding that he or she is or was competent to so waive. In making such findings, the court shall be guided but not limited by the following standards: Whether the person attempting to waive the assistance of counsel, does so understanding:
(a) The nature of the charges;
(b) The statutory offense included within them;
(c) The range of allowable punishments thereunder;
(d) Possible defenses to the charges and circumstances in mitigation thereof; and
(e) All other facts essential to a broad understanding of the whole matter.
(3) Whenever any person is subjected to an examination pursuant to any provision of this chapter, he or she may retain an expert or professional person to perform an examination in his or her behalf. In the case of a person who is indigent, the court shall upon his or her request assist the person in obtaining an expert or professional person to perform an examination or participate in the hearing on his or her behalf. An expert or professional person obtained by an indigent person pursuant to the provisions of this chapter shall be compensated for his or her services out of funds of the department, in an amount determined by the secretary to be fair and reasonable, except that an expert or professional person obtained by a person who is committed following acquittal by reason of insanity and committed to state psychiatric care shall be compensated out of funds of the office of public defense as provided in policies and procedures under chapter 2.70 RCW, in a manner consistent with the rules of professional conduct and the standards for indigent defense.
(4) Any time the defendant is being examined by court appointed experts or professional persons pursuant to the provisions of this chapter, the defendant shall be entitled to have his or her attorney present.
(5) In a competency evaluation conducted under this chapter, the defendant may refuse to answer any question if he or she believes his or her answers may tend to incriminate him or her or form links leading to evidence of an incriminating nature.
(6) In a sanity evaluation conducted under this chapter, if a defendant refuses to answer questions or to participate in an examination conducted in response to the defendant's assertion of an insanity defense, the court shall exclude from evidence at trial any testimony or evidence from any expert or professional person obtained or retained by the defendant.
[ 2023 c 120 s 6; 2006 c 109 s 1; 1998 c 297 s 30; 1993 c 31 s 5; 1974 ex.s. c 198 s 2; 1973 1st ex.s. c 117 s 2. Formerly RCW 10.77.020. ]
NOTES:
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Application—2006 c 109: "This act applies to all examinations performed on or after June 7, 2006." [ 2006 c 109 s 2.]
Severability—2006 c 109: "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." [ 2006 c 109 s 3.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
When a designated crisis responder or a professional person has determined that a person has a mental disorder, and is otherwise committable, the cause of the person's mental disorder shall not make the person ineligible for commitment under chapter 71.05 RCW.
[ 2016 sp.s. c 29 s 407; 2004 c 166 s 3. Formerly RCW 10.77.027. ]
NOTES:
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Severability—Effective dates—2004 c 166: See notes following RCW 71.05.040.
(1) When an individual has a prescription for an antipsychotic, antidepressant, antiepileptic, or other drug prescribed to the individual to treat a serious mental illness by a state hospital or other state facility or a behavioral health agency or other certified medical provider, and the individual is medically stable on the drug, a jail or juvenile detention facility shall continue prescribing the prescribed drug and may not require the substitution of a different drug in a given therapeutic class, except under the following circumstances:
(a) The substitution is for a generic version of a name brand drug and the generic version is chemically identical to the name brand drug; or
(b) The drug cannot be prescribed for reasons of drug recall or removal from the market, or medical evidence indicating no therapeutic effect of the drug.
(2) This section includes but is not limited to situations in which the individual returns to a jail or juvenile detention facility directly after undergoing treatment at a state hospital, behavioral health agency, outpatient competency restoration program, or prison.
(3) The department shall establish a program to reimburse jails and juvenile detention facilities for the costs of any drugs the jail or juvenile detention facility does not otherwise have available and must continue prescribing under this section.
[ 2023 c 453 s 12. Formerly RCW 10.77.0942. ]
NOTES:
Findings—2023 c 453: See note following RCW 10.77.400.
The legislature finds that among those persons who endanger the safety of others by committing crimes are a small number of persons with developmental disabilities. While their conduct is not typical of the vast majority of persons with developmental disabilities who are responsible citizens, for their own welfare and for the safety of others the state may need to exercise control over those few dangerous individuals who are developmentally disabled, have been charged with crimes that involve a threat to public safety or security, and have been found either incompetent to stand trial or not guilty by reason of insanity. The legislature finds, however, that the use of civil commitment procedures under chapter 71.05 RCW to effect state control over dangerous developmentally disabled persons has resulted in their commitment to institutions for the mentally ill. The legislature finds that existing programs in mental institutions may be inappropriate for persons who are developmentally disabled because the services provided in mental institutions are oriented to persons with mental illness, a condition not necessarily associated with developmental disabilities. Therefore, the legislature believes that, where appropriate, and subject to available funds, persons with developmental disabilities who have been charged with crimes that involve a threat to public safety or security and have been found incompetent to stand trial or not guilty by reason of insanity should receive state services addressing their needs, that such services must be provided in conformance with an individual habilitation plan, and that their initial treatment should be separate and discrete from treatment for persons involved in any other treatment or habilitation program in a manner consistent with the needs of public safety.
[ 1998 c 297 s 28; 1989 c 420 s 1. Formerly RCW 10.77.095, 10.77.005. ]
NOTES:
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
A copy of relevant records and reports as defined by the department, in consultation with the department of corrections, made pursuant to this chapter, and including relevant information necessary to meet the requirements of RCW 10.77.405(1) and 10.77.635, shall accompany the defendant upon transfer to a mental health facility or a correctional institution or facility.
[ 2008 c 213 s 3; 2000 c 74 s 4; 1998 c 297 s 47. Formerly RCW 10.77.097. ]
NOTES:
Severability—2000 c 74: See note following RCW 10.77.400.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
(1) Any person involuntarily detained, hospitalized, or committed pursuant to the provisions of this chapter shall have the right to adequate care and individualized treatment. The person who has custody of the patient or is in charge of treatment shall keep records detailing all medical, expert, and professional care and treatment received by a committed person, and shall keep copies of all reports of periodic examinations of the patient that have been filed with the secretary pursuant to this chapter. Except as provided in RCW 10.77.325 and 4.24.550 regarding the release of information concerning insane offenders who are acquitted of sex offenses and subsequently committed pursuant to this chapter, and disclosures of health care information as authorized under chapter 70.02 RCW, all records and reports made pursuant to this chapter, shall be made available only upon request, to the committed person, to his or her attorney, to his or her personal physician, to the supervising community corrections officer, to the prosecuting attorney, to the court, to the protection and advocacy agency, or other expert or professional persons who, upon proper showing, demonstrates a need for access to such records. All records and reports made pursuant to this chapter shall also be made available, upon request, to the department of corrections or the indeterminate sentence review board if the person was on parole, probation, or community supervision at the time of detention, hospitalization, or commitment or the person is subsequently convicted for the crime for which he or she was detained, hospitalized, or committed pursuant to this chapter.
(2) All relevant records and reports as defined by the department in rule shall be made available, upon request, to criminal justice agencies as defined in RCW 10.97.030.
[ 2020 c 81 s 1; 1998 c 297 s 45; 1993 c 31 s 12; 1990 c 3 s 108; 1989 c 420 s 12; 1983 c 196 s 3; 1973 1st ex.s. c 117 s 21. Formerly RCW 10.77.210. ]
NOTES:
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Either party may seek appellate review of the judgment of any hearing held pursuant to the provisions of this chapter.
[ 1988 c 202 s 16; 1974 ex.s. c 198 s 18; 1973 1st ex.s. c 117 s 23. Formerly RCW 10.77.230. ]
NOTES:
Rules of court: Cf. RAP 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
Nothing in this chapter shall prohibit a person presently committed from exercising a right presently available to him or her for obtaining release from confinement, including the right to petition for a writ of habeas corpus.
[ 1999 c 13 s 3; 1973 1st ex.s. c 117 s 24. Formerly RCW 10.77.240. ]
NOTES:
Purpose—Construction—1999 c 13: See note following RCW 10.77.010.
(1) Within amounts appropriated, the department shall be responsible for all costs relating to the evaluation and inpatient treatment of persons committed to it pursuant to any provisions of this chapter, and the logistical and supportive services pertaining thereto except as otherwise provided by law. Reimbursement may be obtained by the department pursuant to RCW 43.20B.330.
(2) Within amounts appropriated, the authority shall be responsible for all costs relating to outpatient competency restoration programs.
(3) The office of public defense shall be responsible for costs of public defense services, including defense expert and professional services, for indigent persons acquitted by reason of insanity throughout the term of their commitment to state psychiatric care, including during any period of conditional release, until legal termination of commitment and final unconditional release.
[ 2023 c 120 s 14; 2022 c 288 s 6; 1987 c 75 s 1; 1985 c 245 s 1; 1973 1st ex.s. c 117 s 25. Formerly RCW 10.77.250. ]
NOTES:
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Savings—1987 c 75: See RCW 43.20B.900.
(1) The department shall coordinate with cities, counties, hospitals, and other public and private entities to identify locations that may be commissioned or renovated for use in treating clients committed to the department for competency evaluation, competency restoration, civil conversion, or treatment following acquittal by reason of insanity.
(2) The department may provide capital grants to entities to accomplish the purposes described in subsection (1) of this section subject to provision of funding provided for this specific purpose.
[ 2023 c 453 s 19. Formerly RCW 10.77.255. ]
NOTES:
Findings—2023 c 453: See note following RCW 10.77.400.
(1) In determining whether a defendant has committed a violent act the court must:
(a) Presume that a past conviction, guilty plea, or finding of not guilty by reason of insanity establishes the elements necessary for the crime charged;
(b) Consider that the elements of a crime may not be sufficient in themselves to establish that the defendant committed a violent act; and
(c) Presume that the facts underlying the elements, if unrebutted, are sufficient to establish that the defendant committed a violent act.
(2) The presumptions in subsection (1) of this section are rebuttable.
(3) In determining the facts underlying the elements of any crime under subsection (1) of this section, the court may consider information including, but not limited to, the following material relating to the crime:
(a) Affidavits or declarations made under penalty of perjury;
(b) Criminal history record information, as defined in chapter 10.97 RCW; and
(c) Its own or certified copies of another court's records such as criminal complaints, certifications of probable cause to detain, dockets, and orders on judgment and sentencing.
[ 2000 c 74 s 5. Formerly RCW 10.77.260. ]
NOTES:
Severability—2000 c 74: See note following RCW 10.77.400.
(1) The secretary shall establish an independent public safety review panel for the purpose of advising the secretary and the courts with respect to persons who have been found not guilty by reason of insanity, or persons committed under the involuntary treatment act where the court has made a special finding under RCW 71.05.280(3)(b). The panel shall provide advice regarding all recommendations to the secretary, decisions by the secretary, or actions pending in court: (a) For a change in commitment status; (b) to allow furloughs or temporary leaves accompanied by staff; (c) not to seek further commitment terms under RCW 71.05.320; or (d) to permit movement about the grounds of the treatment facility, with or without the accompaniment of staff.
(2) The members of the public safety review panel shall be appointed by the governor for a renewable term of three years and shall include the following:
(a) A psychiatrist;
(b) A licensed clinical psychologist;
(c) A representative of the department of corrections;
(d) A prosecutor or a representative of a prosecutor's association;
(e) A representative of law enforcement or a law enforcement association;
(f) A consumer and family advocate representative; and
(g) A public defender or a representative of a defender's association.
(3) Thirty days prior to issuing a recommendation for conditional release under RCW 10.77.550 or forty-five days prior to issuing a recommendation for release under RCW 10.77.595, the secretary shall submit its recommendation with the committed person's application and the department's risk assessment to the public safety review panel. The public safety review panel shall complete an independent assessment of the public safety risk entailed by the secretary's proposed conditional release recommendation or release recommendation and provide this assessment in writing to the secretary. The public safety review panel may, within funds appropriated for this purpose, request additional evaluations of the committed person. The public safety review panel may indicate whether it is in agreement with the secretary's recommendation, or whether it would issue a different recommendation. The secretary shall provide the panel's assessment when it is received along with any supporting documentation, including all previous reports of evaluations of the committed person in the person's hospital record, to the court, prosecutor in the county that ordered the person's commitment, and counsel for the committed person.
(4) The secretary shall notify the public safety review panel at appropriate intervals concerning any changes in the commitment or custody status of persons found not guilty by reason of insanity, or persons committed under the involuntary treatment act where the court has made a special finding under RCW 71.05.280(3)(b). The panel shall have access, upon request, to a committed person's complete hospital record, and any other records deemed necessary by the public safety review panel.
(5) The department shall provide administrative and financial support to the public safety review panel. The department, in consultation with the public safety review panel, may adopt rules to implement this section.
(6) By December 1, 2014, the public safety review panel shall report to the appropriate legislative committees the following:
(a) Whether the public safety review panel has observed a change in statewide consistency of evaluations and decisions concerning changes in the commitment status of persons found not guilty by reason of insanity;
(b) Whether the public safety review panel should be given the authority to make release decisions and monitor release conditions;
(c) Whether further changes in the law are necessary to enhance public safety when incompetency prevents operation of the criminal justice system and long-term commitment of the criminally insane; and
(d) Any other issues the public safety review panel deems relevant.
[ 2013 c 289 s 3; 2010 c 263 s 1. Formerly RCW 10.77.270. ]
NOTES:
Findings—2013 c 289: See note following RCW 10.77.645.
The department shall collect data so that information can be retrieved based on unique individuals, their complete Washington criminal history and referrals for forensic services.
[ 2023 c 453 s 18. Formerly RCW 10.77.275. ]
NOTES:
Findings—2023 c 453: See note following RCW 10.77.400.
(1) In order to prioritize goals of accuracy, prompt service to the court, quality assurance, and integration with other services, an office of forensic mental health services is established within the department of social and health services. The office shall be led by a director who shall have responsibility for the following functions:
(a) Coordination of all forensic evaluation services;
(b) Responsibility for assuring appropriate training of forensic evaluators;
(c) Development of a system to certify forensic evaluators, and to monitor the quality of forensic evaluation reports;
(d) Liaison with courts, jails, and community mental health programs to ensure the proper coordination of care, flow of information, and transition to community services, when applicable;
(e) Coordination with state hospitals to identify and develop best practice interventions and curricula for services relevant to forensic patients;
(f) Coordination with the authority, managed care organizations, behavioral health administrative services organizations, community behavioral health agencies, and the department of corrections regarding community treatment and monitoring of persons on conditional release;
(g) Participation in statewide forensic data collection, analysis, and appropriate dissemination of data trends;
(h) Provide data-based recommendations for system changes and improvements; and
(i) Oversight of the development, implementation, and maintenance of community forensic programs and services.
(2) The office of forensic mental health services must have a clearly delineated budget separate from the overall budget for state hospital services.
[ 2019 c 325 s 5033; 2015 1st sp.s. c 7 s 10. Formerly RCW 10.77.280. ]
NOTES:
Effective date—2019 c 325: See note following RCW 71.24.011.
Finding—2015 1st sp.s. c 7: See note following RCW 10.77.620.
Effective dates—2015 1st sp.s. c 7: See note following RCW 10.77.620.
No officer of a public or private agency, nor the superintendent, professional person in charge, his or her professional designee, or attending staff of any such agency, nor any public official performing functions necessary to the administration of this chapter, nor peace officer responsible for detaining a person pursuant to this chapter, nor the state, a unit of local government, an evaluation and treatment facility, a secure withdrawal management and stabilization facility, or an approved substance use disorder treatment program shall be civilly or criminally liable for performing duties pursuant to this chapter with regard to the decision of whether to detain a person for medical clearance or treatment, provided that such duties were performed in good faith and without gross negligence.
[ 2022 c 288 s 7. Formerly RCW 10.77.300. ]
(1) No person committed to the custody of the department for the determination of competency to stand trial under RCW 10.77.400, the restoration of competency for trial under RCW 10.77.635, 10.77.645, or 10.77.650, or following an acquittal by reason of insanity shall be authorized to leave the facility where the person is confined, except in the following circumstances:
(a) In accordance with conditional release or furlough authorized by a court;
(b) For necessary medical or legal proceedings not available in the facility where the person is confined;
(c) For visits to the bedside of a member of the person's immediate family who is seriously ill; or
(d) For attendance at the funeral of a member of the person's immediate family.
(2) Unless ordered otherwise by a court, no leave under subsection (1) of this section shall be authorized unless the person who is the subject of the authorization is escorted by a person approved by the secretary. During the authorized leave, the person approved by the secretary must be in visual or auditory contact at all times with the person on authorized leave.
(3) Prior to the authorization of any leave under subsection (1) of this section, the secretary must give notification to any county or city law enforcement agency having jurisdiction in the location of the leave destination.
[ 2010 c 262 s 1. Formerly RCW 10.77.145. ]
(1) Before a person committed under this chapter is permitted temporarily to leave a treatment facility for any period of time without constant accompaniment by facility staff, the superintendent, professional person in charge of a treatment facility, or his or her professional designee shall in writing notify the prosecuting attorney of any county to which the person is released and the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the decision conditionally to release the person. The notice shall be provided at least forty-five days before the anticipated release and shall describe the conditions under which the release is to occur.
(2) In addition to the notice required by subsection (1) of this section, the superintendent of each state institution designated for the custody, care, and treatment of persons committed under this chapter shall notify appropriate law enforcement agencies through the state patrol communications network of the furloughs of persons committed under RCW 10.77.645 or 10.77.530. Notification shall be made at least thirty days before the furlough, and shall include the name of the person, the place to which the person has permission to go, and the dates and times during which the person will be on furlough.
(3) Upon receiving notice that a person committed under this chapter is being temporarily released under subsection (1) of this section, the prosecuting attorney may seek a temporary restraining order to prevent the release of the person on the grounds that the person is dangerous to self or others.
(4) The notice requirements contained in this section shall not apply to emergency medical furloughs.
(5) The existence of the notice requirements contained in this section shall not require any extension of the release date in the event the release plan changes after notification.
(6) The notice provisions of this section are in addition to those provided in RCW 10.77.325.
[ 2008 c 213 s 4; 1994 c 129 s 4; 1990 c 3 s 106; 1989 c 420 s 9; 1983 c 122 s 2. Formerly RCW 10.77.163. ]
NOTES:
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
(1) In the event of an escape by a person committed under this chapter from a state facility or the disappearance of such a person on conditional release or other authorized absence, the superintendent shall provide notification of the person's escape or disappearance for the public's safety or to assist in the apprehension of the person.
(a) The superintendent shall notify:
(i) State and local law enforcement officers located in the city and county where the person escaped and in the city and county which had jurisdiction of the person on the date of the applicable offense;
(ii) Other appropriate governmental agencies;
(iii) The person's attorney of record; and
(iv) The person's relatives.
(b) The superintendent shall provide the same notification as required by (a) of this subsection to the following, if such notice has been requested in writing about a specific person committed under this chapter:
(i) The victim of the crime for which the person was convicted or the victim's next of kin if the crime was a homicide;
(ii) Any witnesses who testified against the person in any court proceedings if the person was charged with a violent offense; and
(iii) Any other appropriate persons.
(2) Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the person committed under this chapter.
(3) The notice provisions of this section are in addition to those provided in RCW 10.77.325.
[ 2023 c 120 s 9; 2011 c 305 s 6; 2010 c 28 s 1; 1993 c 31 s 8; 1990 c 3 s 107; 1989 c 420 s 10; 1983 c 122 s 3. Formerly RCW 10.77.165. ]
NOTES:
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Findings—2011 c 305: See note following RCW 74.09.295.
(1)(a) At the earliest possible date, and in no event later than 30 days before conditional release, release, authorized furlough pursuant to RCW 10.77.225, or transfer to a less-restrictive facility than a state mental hospital, the superintendent shall send written notice of the conditional release, release, authorized furlough, or transfer of a person who has been found not guilty of a sex, violent, or felony harassment offense by reason of insanity and who is now in the custody of the department pursuant to this chapter, to the following:
(i) The chief of police of the city, if any, in which the person will reside; and
(ii) The sheriff of the county in which the person will reside.
(b) The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific person committed under this chapter:
(i) The victim of the crime for which the person was committed or the victim's next of kin if the crime was a homicide;
(ii) Any witnesses who testified against the person in any court proceedings; and
(iii) Any person specified in writing by the prosecuting attorney.
Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the person committed under this chapter.
(c) In addition to the notice requirements of (a) and (b) of this subsection, the superintendent shall comply with RCW 10.77.225.
(d) The 30-day notice requirement contained in (a) and (b) of this subsection shall not apply to emergency medical furloughs.
(e) The existence of the notice requirements in (a) and (b) of this subsection shall not require any extension of the release date in the event the release plan changes after notification.
(2) If a person who has been found not guilty of a sex, violent, or felony harassment offense by reason of insanity and who is committed under this chapter escapes, the superintendent shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the person resided immediately before the person's arrest, and the person's attorney of record. If previously requested, the superintendent shall also notify the witnesses and the victim, if any, of the crime for which the person was committed or the victim's next of kin if the crime was a homicide. The superintendent shall also notify appropriate persons pursuant to RCW 10.77.315. If the person is recaptured, the secretary shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.
(3) If the victim, the victim's next of kin, or any witness is under the age of 16, the notice required by this section shall be sent to the parents or legal guardian of the child.
(4) The department shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.
(5) For purposes of this section the following terms have the following meanings:
(a) "Violent offense" means a violent offense under RCW 9.94A.030;
(b) "Sex offense" means a sex offense under RCW 9.94A.030;
(c) "Next of kin" means a person's spouse, state registered domestic partner, parents, siblings, and children;
(d) "Authorized furlough" means a furlough granted after compliance with RCW 10.77.225;
(e) "Felony harassment offense" means a crime of harassment as defined in RCW 9A.46.060 that is a felony.
[ 2023 c 120 s 13; 2009 c 521 s 27; 2000 c 94 s 17; 1994 c 129 s 5; 1992 c 186 s 8; 1990 c 3 s 104. Formerly RCW 10.77.205. ]
NOTES:
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
Severability—1992 c 186: See note following RCW 9A.46.110.
In addition to any other information required to be released under this chapter, the department is authorized, pursuant to RCW 4.24.550, to release relevant information necessary to protect the public concerning a person who was acquitted of a sex offense as defined in RCW 9.94A.030 due to insanity and was subsequently committed to the department pursuant to this chapter.
[ 1990 c 3 s 105. Formerly RCW 10.77.207. ]
(1)(a) Whenever a defendant has pleaded not guilty by reason of insanity, the court on its own motion or on the motion of any party shall either appoint or request the secretary to designate a qualified expert or professional person, who shall be approved by the prosecuting attorney, to evaluate and report upon the mental condition of the defendant.
(b)(i) Whenever there is a doubt as to competency, the court on its own motion or on the motion of any party shall first review the allegations of incompetency. The court shall make a determination of whether sufficient facts have been provided to form a genuine doubt as to competency based on information provided by counsel, judicial colloquy, or direct observation of the defendant. If a genuine doubt as to competency exists, the court shall either appoint or request the secretary to designate a qualified expert or professional person, who shall be approved by the prosecuting attorney, to evaluate and report upon the mental condition of the defendant.
(ii) Nothing in this subsection (1)(b) is intended to require a waiver of attorney-client privilege. Defense counsel may meet the requirements under this subsection (1)(b) by filing a declaration stating that they have reason to believe that a competency evaluation is necessary, and stating the basis on which the defendant is believed to be incompetent.
(c) The signed order of the court shall serve as authority for the evaluator to be given access to all records held by any mental health, medical, long-term services or supports, educational, or correctional facility that relate to the present or past mental, emotional, or physical condition of the defendant. If the court is advised by any party that the defendant may have a developmental disability, the evaluation must be performed by a developmental disabilities professional and the evaluator shall have access to records of the developmental disabilities administration of the department. If the court is advised by any party that the defendant may have dementia or another relevant neurocognitive disorder, the evaluator shall have access to records of the aging and long-term support administration of the department.
(d) The evaluator shall assess the defendant in a jail, detention facility, in the community, or in court to determine whether a period of inpatient commitment will be necessary to complete an accurate evaluation. If inpatient commitment is needed, the signed order of the court shall serve as authority for the evaluator to request the jail or detention facility to transport the defendant to a hospital or secure mental health facility for a period of commitment not to exceed fifteen days from the time of admission to the facility. Otherwise, the evaluator shall complete the evaluation.
(e) The court may commit the defendant for evaluation to a hospital or secure mental health facility without an assessment if: (i) The defendant is charged with murder in the first or second degree; (ii) the court finds that it is more likely than not that an evaluation in the jail will be inadequate to complete an accurate evaluation; or (iii) the court finds that an evaluation outside the jail setting is necessary for the health, safety, or welfare of the defendant. The court shall not order an initial inpatient evaluation for any purpose other than a competency evaluation.
(f) The order shall indicate whether, in the event the defendant is committed to a hospital or secure mental health facility for evaluation, all parties agree to waive the presence of the defendant or to the defendant's remote participation at a subsequent competency hearing or presentation of an agreed order if the recommendation of the evaluator is for continuation of the stay of criminal proceedings, or if the opinion of the evaluator is that the defendant remains incompetent and there is no remaining restoration period, and the hearing is held prior to the expiration of the authorized commitment period.
(g) When a defendant is ordered to be evaluated under this subsection (1), or when a party or the court determines at first appearance that an order for evaluation under this subsection will be requested or ordered if charges are pursued, the court may delay granting bail until the defendant has been evaluated for competency or sanity and appears before the court. Following the evaluation, in determining bail the court shall consider: (i) Recommendations of the evaluator regarding the defendant's competency, sanity, or diminished capacity; (ii) whether the defendant has a recent history of one or more violent acts; (iii) whether the defendant has previously been acquitted by reason of insanity or found incompetent; (iv) whether it is reasonably likely the defendant will fail to appear for a future court hearing; and (v) whether the defendant is a threat to public safety.
(h) If the defendant ordered to be evaluated under this subsection (1) is charged with a serious traffic offense under RCW 9.94A.030, or a felony version of a serious traffic offense, the prosecutor may make a motion to modify the defendant's conditions of release to include a condition prohibiting the defendant from driving during the pendency of the competency evaluation period.
(2) The court may direct that a qualified expert or professional person retained by or appointed for the defendant be permitted to witness the evaluation authorized by subsection (1) of this section, and that the defendant shall have access to all information obtained by the court appointed experts or professional persons. The defendant's expert or professional person shall have the right to file his or her own report following the guidelines of subsection (3) of this section. If the defendant is indigent, the court shall upon the request of the defendant assist him or her in obtaining an expert or professional person.
(3) The report of the evaluation shall include the following:
(a) A description of the nature of the evaluation;
(b) A diagnosis or description of the current mental status of the defendant;
(c) If the defendant has a mental disease or defect, or has a developmental disability, an opinion as to competency;
(d) If the defendant has indicated his or her intention to rely on the defense of insanity pursuant to RCW 10.77.505, and an evaluation and report by an expert or professional person has been provided concluding that the defendant was criminally insane at the time of the alleged offense, an opinion as to the defendant's sanity at the time of the act, and an opinion as to whether the defendant presents a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions, provided that no opinion shall be rendered under this subsection (3)(d) unless the evaluator or court determines that the defendant is competent to stand trial;
(e) When directed by the court, if an evaluation and report by an expert or professional person has been provided concluding that the defendant lacked the capacity at the time of the offense to form the mental state necessary to commit the charged offense, an opinion as to the capacity of the defendant to have a particular state of mind which is an element of the offense charged;
(f) An opinion as to whether the defendant should be evaluated by a designated crisis responder under chapter 71.05 RCW.
(4) The secretary may execute such agreements as appropriate and necessary to implement this section and may choose to designate more than one evaluator.
(5) In the event that a person remains in jail more than 21 days after service on the department of a court order to transport the person to a facility designated by the department for inpatient competency restoration treatment, upon the request of any party and with notice to all parties, the department shall perform a competency to stand trial status check to determine if the circumstances of the person have changed such that the court should authorize an updated competency evaluation. The status update shall be provided to the parties and the court. Status updates may be provided at reasonable intervals.
(6) If a finding of the competency evaluation under this section or under RCW 10.77.635 is that the individual is not competent due to an intellectual or developmental disability, dementia, or traumatic brain injury, the evaluator shall notify the department, which shall refer the individual to the developmental disabilities administration or the aging and long-term support administration of the department for review of eligibility for services. The department shall inform the forensic navigator about availability of services.
(7) If the expert or professional person appointed to perform a competency evaluation in the community is not able to complete the evaluation after two attempts at scheduling with the defendant, the department shall submit a report to the court and parties and include a date and time for another evaluation which must be at least four weeks later. The court shall provide notice to the defendant of the date and time of the evaluation. If the defendant fails to appear at that appointment, the court shall recall the order for competency evaluation and may issue a warrant for the failure to appear.
[ 2023 c 453 s 3; 2022 c 288 s 2; 2021 c 263 s 5; 2016 sp.s. c 29 s 408; 2012 c 256 s 3; 2004 c 9 s 1; 2000 c 74 s 1; 1998 c 297 s 34; 1989 c 420 s 4; 1974 ex.s. c 198 s 6; 1973 1st ex.s. c 117 s 6. Formerly RCW 10.77.060. ]
NOTES:
Findings—2023 c 453: "The legislature finds that defendants referred for services related to competency to stand trial requiring admission into a psychiatric facility are currently facing unprecedented wait times in jail for admission. The situation has been exacerbated by closure of forensic beds and workforce shortages related to COVID-19, and treatment capacity limits related to social distancing requirements. Moreover, a backlog of criminal prosecutions that were held back during the first two years of the pandemic due to capacity limitations in courts, prosecuting attorneys offices, and jails, are now being filed, causing a surge in demand for competency services which exceeds the state's capacity to make a timely response. In partial consequence, as of January 2023, wait times for admission to western state hospital for competency services, directed to be completed within seven days by order of the United States district court for western Washington, have risen to over ten months, while wait times for admission to eastern state hospital for the same services have risen to over five months. The state's forensic bed capacity forecast model indicates that if the state continues to receive competency referrals from local superior, district, and municipal courts at the same volume, the state will rapidly fall farther behind.
The legislature further finds that historical investments and policy changes have been made in behavioral health services over the past five years, designed to both increase capacity to provide competency to stand trial services and to reduce the need for them by creating opportunities for diversion, prevention, and improved community health. New construction at western state hospital is expected to result in the opening of 58 forensic psychiatric beds in the first quarter of 2023, while emergency community hospital contracts are expected to allow for the discharge or transfer of over 50 civil conversion patients occupying forensic state hospital beds over the same period. Sixteen beds for civil conversion patients will open at Maple Lane school in the first quarter of 2023, with 30 additional beds for patients acquitted by reason of insanity expected to open by late 2023 or early 2024. Over a longer time period, 350 forensic beds are planned to open within a new forensic hospital on western state hospital campus between 2027 and 2029. Policy and budget changes have increased capacity for assisted outpatient treatment, 988 crisis response, use of medication for opioid use disorders in jails and community settings, reentry services, and mental health advance directives, and created new behavioral health facility types, supportive housing, and supportive employment services. Forensic navigator services, outpatient competency restoration programs, and other specialty forensic services are now available and continuing to be deployed in phase two Trueblood settlement regions.
The legislature further finds that despite these investments there is a need for everyone to come together to find solutions to both reduce demand for forensic services and to increase their supply. The state needs collaboration from local governments and other entities to identify any and all facilities that can be used to provide services to patients connected to the forensic system, to reduce the flow of competency referrals coming from municipal, district, and superior courts, and to improve availability and effectiveness of behavioral health services provided outside the criminal justice system." [ 2023 c 453 s 1.]
Application—2021 c 263: See note following RCW 10.77.550.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Purpose—Effective date—2012 c 256: See notes following RCW 10.77.605.
Severability—2000 c 74: "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." [ 2000 c 74 s 8.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
(1)(a)(i) The expert conducting the evaluation shall provide his or her report and recommendation to the court in which the criminal proceeding is pending. For a competency evaluation of a defendant who is released from custody, if the evaluation cannot be completed within twenty-one days due to a lack of cooperation by the defendant, the evaluator shall notify the court that he or she is unable to complete the evaluation because of such lack of cooperation.
(ii) A copy of the report and recommendation shall be provided to the designated crisis responder, the prosecuting attorney, the defense attorney, and the professional person at the local correctional facility where the defendant is being held, or if there is no professional person, to the person designated under (a)(iv) of this subsection. Upon request, the evaluator shall also provide copies of any source documents relevant to the evaluation to the designated crisis responder.
(iii) Any facility providing inpatient services related to competency shall discharge the defendant as soon as the facility determines that the defendant is competent to stand trial. Discharge shall not be postponed during the writing and distribution of the evaluation report. Distribution of an evaluation report by a facility providing inpatient services shall ordinarily be accomplished within two working days or less following the final evaluation of the defendant. If the defendant is discharged to the custody of a local correctional facility, the local correctional facility must continue the medication regimen prescribed by the facility, when clinically appropriate, unless the defendant refuses to cooperate with medication and an involuntary medication order by the court has not been entered.
(iv) If there is no professional person at the local correctional facility, the local correctional facility shall designate a professional person as defined in RCW 71.05.020 or, in cooperation with the behavioral health administrative services organization, a professional person at the behavioral health administrative services organization to receive the report and recommendation.
(v) Upon commencement of a defendant's evaluation in the local correctional facility, the local correctional facility must notify the evaluator of the name of the professional person, or person designated under (a)(iv) of this subsection, to receive the report and recommendation.
(b) If the evaluator concludes, under RCW 10.77.400(3)(f), the person should be evaluated by a designated crisis responder under chapter 71.05 RCW, the court shall order such evaluation be conducted prior to release from confinement when the person is acquitted or convicted and sentenced to confinement for twenty-four months or less, or when charges are dismissed pursuant to a finding of incompetent to stand trial.
(2) The designated crisis responder shall provide written notification within twenty-four hours of the results of the determination whether to commence proceedings under chapter 71.05 RCW. The notification shall be provided to the persons identified in subsection (1)(a) of this section.
(3) The prosecuting attorney shall provide a copy of the results of any proceedings commenced by the designated crisis responder under subsection (2) of this section to the secretary.
(4) A facility conducting a civil commitment evaluation under RCW 10.77.645(7) or 10.77.650(6)(b) that makes a determination to release the person instead of filing a civil commitment petition must provide written notice to the prosecutor and defense attorney at least twenty-four hours prior to release. The notice may be given by email, facsimile, or other means reasonably likely to communicate the information immediately.
(5) The fact of admission and all information and records compiled, obtained, or maintained in the course of providing services under this chapter may also be disclosed to the courts solely to prevent the entry of any evaluation or treatment order that is inconsistent with any order entered under chapter 71.05 RCW.
[ 2023 c 453 s 20; 2019 c 325 s 5006; 2016 sp.s. c 29 s 409; 2015 1st sp.s. c 7 s 16. Prior: 2014 c 225 s 59; 2014 c 10 s 3; 2013 c 214 s 1; 2012 c 256 s 4; 2008 c 213 s 1; 2000 c 74 s 2; 1998 c 297 s 35. Formerly RCW 10.77.065. ]
NOTES:
Findings—2023 c 453: See note following RCW 10.77.400.
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Finding—2015 1st sp.s. c 7: See note following RCW 10.77.620.
Effective dates—2015 1st sp.s. c 7: See note following RCW 10.77.620.
Effective date—2014 c 225: See note following RCW 71.24.016.
Finding—2014 c 10: See note following RCW 10.77.665.
Purpose—Effective date—2012 c 256: See notes following RCW 10.77.605.
Severability—2000 c 74: See note following RCW 10.77.400.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
When the defendant wishes to be examined by a qualified expert or professional person of his or her own choice such examiner shall be permitted to have reasonable access to the defendant for the purpose of such examination, as well as to all relevant medical and psychological records and reports.
[ 1998 c 297 s 36; 1973 1st ex.s. c 117 s 7. Formerly RCW 10.77.070. ]
NOTES:
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Subject to the rules of evidence, experts or professional persons who have reported pursuant to this chapter may be called as witnesses at any proceeding held pursuant to this chapter. Both the prosecution and the defendant may summon any other qualified expert or professional persons to testify.
[ 1974 ex.s. c 198 s 9; 1973 1st ex.s. c 117 s 10. Formerly RCW 10.77.100. ]
(1) Whenever any person has been: (a) Committed to a correctional facility or inpatient treatment under any provision of this chapter; or (b) ordered to undergo alternative treatment following his or her acquittal by reason of insanity of a crime charged, such commitment or treatment cannot exceed the maximum possible penal sentence for any offense charged for which the person was committed, or was acquitted by reason of insanity.
(2) Whenever any person committed under any provision of this chapter has not been released within seven days of the maximum possible penal sentence under subsection (1) of this section, and the professional person in charge of the facility believes that the person presents a likelihood of serious harm or is gravely disabled due to a mental disorder, the professional person shall, prior to the expiration of the maximum penal sentence, notify the appropriate designated crisis responder of the impending expiration and provide a copy of all relevant information regarding the person, including the likely release date and shall indicate why the person should not be released.
(3) A designated crisis responder who receives notice and records under subsection (2) of this section shall, prior to the date of the expiration of the maximum sentence, determine whether to initiate proceedings under chapter 71.05 RCW.
[ 2016 sp.s. c 29 s 406; 2000 c 94 s 13; 1998 c 297 s 31. Formerly RCW 10.77.025. ]
NOTES:
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
(1) Evidence of insanity is not admissible unless the defendant, at the time of arraignment or within ten days thereafter or at such later time as the court may for good cause permit, files a written notice of his or her intent to rely on such a defense.
(2) Insanity is a defense which the defendant must establish by a preponderance of the evidence.
(3) No condition of mind proximately induced by the voluntary act of a person charged with a crime shall constitute insanity.
[ 1998 c 297 s 32; 1974 ex.s. c 198 s 3; 1973 1st ex.s. c 117 s 3. Formerly RCW 10.77.030. ]
NOTES:
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Whenever the issue of insanity is submitted to the jury, the court shall instruct the jury to return a special verdict in substantially the following form:
| | answer yes or no | | | | --- | --- | --- | --- | | | 1. | Did the defendant commit the act charged? | . . . . . | | | 2. | If your answer to number 1 is yes, do you acquit him or her because of insanity existing at the time of the act charged? | . . . . . | | | 3. | If your answer to number 2 is yes, is the defendant a substantial danger to other persons unless kept under further control by the court or other persons or institutions? | . . . . . | | | 4. | If your answer to number 2 is yes, does the defendant present a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions? | . . . . . | | | 5. | If your answers to either number 3 or number 4 is yes, is it in the best interests of the defendant and others that the defendant be placed in treatment that is less restrictive than detention in a state mental hospital? | . . . . . |
[ 1998 c 297 s 33; 1974 ex.s. c 198 s 4; 1973 1st ex.s. c 117 s 4. Formerly RCW 10.77.040. ]
NOTES:
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
The defendant may move the court for a judgment of acquittal on the grounds of insanity: PROVIDED, That a defendant so acquitted may not later contest the validity of his or her detention on the grounds that he or she did not commit the acts charged. At the hearing upon the motion the defendant shall have the burden of proving by a preponderance of the evidence that he or she was insane at the time of the offense or offenses with which he or she is charged. If the court finds that the defendant should be acquitted by reason of insanity, it shall enter specific findings in substantially the same form as set forth in RCW 10.77.510. If the motion is denied, the question may be submitted to the trier of fact in the same manner as other issues of fact.
[ 1998 c 297 s 37; 1974 ex.s. c 198 s 7; 1973 1st ex.s. c 117 s 8. Formerly RCW 10.77.080. ]
NOTES:
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
(1) If the secretary determines in writing that a person committed to the custody of the secretary for treatment as criminally insane presents an unreasonable safety risk which, based on behavior, clinical history, and facility security is not manageable in a state hospital setting, and the secretary has given consideration to reasonable alternatives that would be effective to manage the behavior, the secretary may place the person in any secure facility operated by the secretary or the secretary of the department of corrections. The secretary's written decision and reasoning must be documented in the patient's medical file. Any person affected by this provision shall receive appropriate mental health treatment governed by a formalized treatment plan targeted at mental health rehabilitation needs and shall be afforded his or her rights under RCW 10.77.545, 10.77.550, and 10.77.595. The secretary of the department of social and health services shall retain legal custody of any person placed under this section and review any placement outside of a department mental health hospital every three months, or sooner if warranted by the person's mental health status, to determine if the placement remains appropriate.
(2) Beginning December 1, 2010, and every six months thereafter, the secretary shall report to the governor and the appropriate committees of the legislature regarding the use of the authority under this section to transfer persons to a secure facility. The report shall include information related to the number of persons who have been placed in a secure facility operated by the secretary or the secretary of the department of corrections, and the length of time that each such person has been in the secure facility.
[ 2015 c 253 s 1; 2010 c 263 s 2. Formerly RCW 10.77.091. ]
NOTES:
Effective date—2015 1st sp.s. c 7: "Section 1, chapter 253, Laws of 2015 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 takes effect June 30, 2015." [ 2015 1st sp.s. c 7 s 20.]
(1) A state hospital may administer antipsychotic medication without consent to an individual who is committed under this chapter as criminally insane by following the same procedures applicable to the administration of antipsychotic medication without consent to a civilly committed patient under RCW 71.05.217, except for the following:
(a) The maximum period during which the court may authorize the administration of medication without consent under a single involuntary medication petition shall be the time remaining on the individual's current order of commitment or one hundred eighty days, whichever is shorter; and
(b) A petition for involuntary medication may be filed in either the superior court of the county that ordered the commitment or the superior court of the county in which the individual is receiving treatment, provided that a copy of any order that is entered must be provided to the superior court of the county that ordered the commitment following the hearing. The superior court of the county of commitment shall retain exclusive jurisdiction over all hearings concerning the release of the patient.
(2) The state has a compelling interest in providing antipsychotic medication to a patient who has been committed as criminally insane when refusal of antipsychotic medication would result in a likelihood of serious harm or substantial deterioration or substantially prolong the length of involuntary commitment and there is no less intrusive course of treatment than medication that is in the best interest of the patient.
[ 2012 c 256 s 12. Formerly RCW 10.77.094. ]
NOTES:
Purpose—Effective date—2012 c 256: See notes following RCW 10.77.605.
(1) If a defendant is acquitted of a crime by reason of insanity, and it is found that he or she is not a substantial danger to other persons, and does not present a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions, the court shall direct the defendant's release. If it is found that such defendant is a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions, the court shall order his or her hospitalization, or any appropriate alternative treatment less restrictive than detention in a state mental hospital, pursuant to the terms of this chapter.
If it is found that such defendant is not a substantial danger to other persons, and does not present a substantial likelihood of committing criminal acts jeopardizing public safety or security, but that he or she is in need of control by the court or other persons or institutions, the court shall direct the defendant's conditional release.
(2)(a) Upon placement of the defendant under control by the court or other persons and institutions or placement of the defendant on conditional release, or upon application by the prosecuting attorney at any subsequent time during which the court retains supervision of the defendant, the court may enter a separate no-contact order to protect any victim of the defendant's conduct in addition to the defendant's order of commitment. The maximum term of the no-contact order shall be the defendant's maximum term of commitment, or until the defendant's release under RCW 10.77.595, whichever comes sooner. The clerk's office shall provide a written certified copy of the no-contact order to the victim.
(b) The no-contact order shall contain the court's directives and shall state that a violation of the order is a criminal offense under chapter 7.105 RCW and will subject the person who violates the order to arrest, and that any assault, drive-by shooting, or reckless endangerment that is a violation of the order is a felony.
(c) Any willful violation of a no-contact order issued under this section is punishable under RCW 7.105.450.
(d) For the purpose of this subsection, "victim" has the same meaning as in RCW 9.94A.030.
(3) Whenever an order is issued, modified, or terminated under this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.
[ 2024 c 137 s 1; 2000 c 94 s 14; 1998 c 297 s 39; 1989 c 420 s 6; 1983 c 25 s 1; 1979 ex.s. c 215 s 4; 1974 ex.s. c 198 s 10; 1973 1st ex.s. c 117 s 11. Formerly RCW 10.77.110. ]
NOTES:
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
(1) The secretary shall provide adequate care and individualized treatment to persons found criminally insane at one or several of the state institutions or facilities under the direction and control of the secretary. In order that the secretary may adequately determine the nature of the mental illness or developmental disability of the person committed as criminally insane, all persons who are committed to the secretary as criminally insane shall be promptly examined by qualified personnel in order to provide a proper evaluation and diagnosis of such individual. The examinations of all persons with developmental disabilities committed under this chapter shall be performed by developmental disabilities professionals. Any person so committed shall not be released from the control of the secretary except by order of a court of competent jurisdiction made after a hearing and judgment of release.
(2) Whenever there is a hearing which the committed person is entitled to attend, the secretary shall send the person in the custody of one or more department employees to the county in which the hearing is to be held at the time the case is called for trial. During the time the person is absent from the facility, the person may be confined in a facility designated by and arranged for by the department, but shall at all times be deemed to be in the custody of the department employee and provided necessary treatment. If the decision of the hearing remits the person to custody, the department employee shall return the person to such institution or facility designated by the secretary. If the state appeals an order of release, such appeal shall operate as a stay, and the person shall remain in custody and be returned to the institution or facility designated by the secretary until a final decision has been rendered in the cause.
[ 2010 c 263 s 4; 2000 c 94 s 15; 1989 c 420 s 7; 1974 ex.s. c 198 s 11; 1973 1st ex.s. c 117 s 12. Formerly RCW 10.77.120. ]
If the defendant has been found not guilty by reason of insanity and a substantial danger, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, so as to require treatment then the secretary shall immediately cause the defendant to be evaluated to ascertain if the defendant has a developmental disability. When appropriate, and subject to available funds, the defendant may be committed to a program specifically reserved for the treatment and training of persons with developmental disabilities. A person so committed shall receive habilitation services according to an individualized service plan specifically developed to treat the behavior which was the subject of the criminal proceedings. The treatment program shall be administered by developmental disabilities professionals and others trained specifically in the needs of persons with developmental disabilities. The treatment program shall provide physical security to a degree consistent with the finding that the defendant is dangerous and may incorporate varying conditions of security and alternative sites when the dangerousness of any particular defendant makes this necessary. The department may limit admissions to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department for such services. The department may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department.
[ 2024 c 137 s 3. Formerly RCW 10.77.132. ]
(1) Each person committed to a hospital or other facility or conditionally released pursuant to this chapter shall have a current examination of his or her mental condition made by one or more experts or professional persons at least once every six months. The person may retain, or if the person is indigent and so requests, the court shall assist the person in obtaining a qualified expert or professional person to examine him or her, and such expert or professional person shall have access to all hospital records concerning the person. An expert or professional person obtained by an indigent person who is committed to state psychiatric care following acquittal by reason of insanity shall be compensated out of funds of the office of public defense as provided in policies and procedures under chapter 2.70 RCW, in a manner consistent with the rules of professional conduct and the standards for indigent defense.
(2) In the case of a committed or conditionally released person who has a developmental disability, the expert shall be a developmental disabilities professional. The secretary, upon receipt of the periodic report, shall provide written notice to the court of commitment of compliance with the requirements of this section.
[ 2023 c 120 s 7; 1998 c 297 s 40; 1989 c 420 s 8; 1974 ex.s. c 198 s 12; 1973 1st ex.s. c 117 s 14. Formerly RCW 10.77.140. ]
NOTES:
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
(1) Persons examined pursuant to RCW 10.77.545 may make application to the secretary for conditional release. The secretary shall, after considering the reports of experts or professional persons conducting the examination pursuant to RCW 10.77.545, forward to the court of the county which ordered the person's commitment the person's application for conditional release as well as the secretary's recommendations concerning the application and any proposed terms and conditions upon which the secretary reasonably believes the person can be conditionally released. Conditional release may also contemplate partial release for work, training, or educational purposes.
(2) In instances in which persons examined pursuant to RCW 10.77.545 have not made application to the secretary for conditional release, but the secretary, after considering the reports of experts or professional persons conducting the examination pursuant to RCW 10.77.545, reasonably believes the person may be conditionally released, the secretary may submit a recommendation for release to the court of the county that ordered the person's commitment. The secretary's recommendation must include any proposed terms and conditions upon which the secretary reasonably believes the person may be conditionally released. Conditional release may also include partial release for work, training, or educational purposes. Notice of the secretary's recommendation under this subsection must be provided to the person for whom the secretary has made the recommendation for release and to his or her attorney.
(3)(a) The court of the county which ordered the person's commitment, upon receipt of an application or recommendation for conditional release with the secretary's recommendation for conditional release terms and conditions, shall within 30 days schedule a hearing. The court may schedule a hearing on applications recommended for disapproval by the secretary.
(b) The prosecuting attorney shall represent the state at such hearings and shall have the right to have the person examined by an expert or professional person of the prosecuting attorney's choice. If the committed person is indigent, and he or she so requests, the court shall assist the person in obtaining a qualified expert or professional person to examine the person on his or her behalf. An expert or professional person obtained by an indigent person who is committed to state psychiatric care following acquittal by reason of insanity shall be compensated out of funds of the office of public defense as provided in policies and procedures under chapter 2.70 RCW, in a manner consistent with the rules of professional conduct and the standards for indigent defense.
(c) The issue to be determined at such a hearing is whether or not the person may be released conditionally to less restrictive alternative treatment under the supervision of a multidisciplinary transition team under conditions imposed by the court, including access to services under RCW 10.77.575 without substantial danger to other persons, or substantial likelihood of committing criminal acts jeopardizing public safety or security.
(d) In cases that come before the court under subsection (1) or (2) of this section, the court may deny conditional release to a less restrictive alternative only on the basis of substantial evidence. The court may modify the suggested terms and conditions on which the person is to be conditionally released. Pursuant to the determination of the court after hearing, the committed person shall thereupon be released on such conditions as the court determines to be necessary, or shall be remitted to the custody of the secretary.
(4) If the order of conditional release provides for the conditional release of the person to a less restrictive alternative, including residential treatment or treatment in the community, the conditional release order must also include:
(a) A requirement for the committed person to be supervised by a multidisciplinary transition team, including a specially trained community corrections officer, a representative of the department of social and health services, and a representative of the community behavioral health agency providing treatment to the person under RCW 10.77.575.
(i) The court may omit appointment of the representative of the community behavioral health agency if the conditional release order does not require participation in behavioral health treatment;
(ii) The court may omit the appointment of a community corrections officer if it makes a special finding that the appointment of a community corrections officer would not facilitate the success of the person, or the safety of the person and the community;
(b) A requirement for the person to comply with conditions of supervision established by the court which shall include at a minimum reporting as directed to a designated member of the transition team, remaining within prescribed geographical boundaries, and notifying the transition team prior to making any change in the person's address or employment. If the person is not in compliance with the court-ordered conditions of release, the community corrections officer or another designated transition team member shall notify the secretary or the secretary's designee; and
(c) If the court requires participation in behavioral health treatment, the name of the licensed or certified behavioral health agency responsible for identifying the services the person will receive under RCW 10.77.575, and a requirement that the person cooperate with the services planned by the licensed or certified behavioral health agency. The licensed or certified behavioral health agency must comply with the reporting requirements of RCW 10.77.565, and must immediately report to the court, prosecutor, and defense counsel any substantial withdrawal or disengagement from medication or treatment, or any change in the person's mental health condition that renders him or her a potential risk to the public.
(5) The role of the transition team appointed under subsection (4) of this section shall be to facilitate the success of the person on the conditional release order by monitoring the person's progress in treatment, compliance with court-ordered conditions, and to problem solve around extra support the person may need or circumstances that may arise that threaten the safety of the person or the community. The transition team may develop a monitoring plan that may be carried out by any member of the team. The transition team shall meet according to a schedule developed by the team, and shall communicate as needed if issues arise that require the immediate attention of the team.
(6) The department of corrections shall collaborate with the department to develop specialized training for community corrections officers under this section. The lack of a trained community corrections officer must not be the cause of delay to entry of a conditional release order. Another community corrections officer may be appointed if no specially trained officer is available.
(7) Any person, whose application for conditional release has been denied, may reapply after a period of six months from the date of denial, or sooner with the support of the department.
(8) A person examined under RCW 10.77.545 or the department may make a motion for limited conditional release under this section, on the grounds that there is insufficient evidence that the person may be released conditionally to less restrictive alternative treatment under subsection (3)(c) of this section, but the person would benefit from the opportunity to exercise increased privileges while remaining under the custody and supervision of the department and with the supervision of the department these increased privileges can be exercised without substantial danger to other persons or substantial likelihood of committing criminal acts jeopardizing public safety or security. The department may respond to a person's application for conditional release by instead supporting limited conditional release.
[ 2023 c 120 s 8; 2021 c 263 s 1; 2010 c 263 s 5; 1998 c 297 s 41; 1993 c 31 s 6; 1982 c 112 s 1; 1974 ex.s. c 198 s 13; 1973 1st ex.s. c 117 s 15. Formerly RCW 10.77.150. ]
NOTES:
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Application—2021 c 263: "The provisions of this act apply to persons who are committed for inpatient treatment under chapter 10.77 or 71.05 RCW as of July 25, 2021." [ 2021 c 263 s 20.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
(1) In determining whether to support an application for conditional release on behalf of a person committed as criminally insane which would permit the person to reside outside of a state hospital, the secretary may not support a conditional release application to a location outside the person's county of origin unless it is determined by the secretary that the person's return to his or her county of origin would be inappropriate considering any court-issued protection orders, victim safety concerns, the availability of appropriate treatment, negative influences on the person, or the location of family or other persons or organizations offering support to the person. When the department assists in developing a placement under this section which is outside of the county of origin, and there are two or more options for placement, it shall endeavor to develop the placement in a manner that does not have a disproportionate effect on a single county.
(2) If the committed person is not conditionally released to his or her county of origin, the department shall provide the law and justice council of the county in which the person is conditionally released with a written explanation.
(3) For purposes of this section, the offender's county of origin means the county of the court which ordered the person's commitment.
[ 2011 c 94 s 1. Formerly RCW 10.77.152. ]
No court may, without a hearing, enter an order conditionally releasing or authorizing the furlough of a person committed under this chapter, unless the secretary has recommended the release or furlough. If the secretary has not recommended the release or furlough, a hearing shall be held under RCW 10.77.550.
[ 1994 c 150 s 1. Formerly RCW 10.77.155. ]
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 corrections community corrections officer, medical or mental health practitioner, or other such person shall monthly, for the first six months after release and semiannually thereafter, or as otherwise directed by the court, submit to the court, the secretary, the institution from which released, and to the prosecuting attorney of the county in which the person was committed, a report stating whether the person is adhering to the terms and conditions of his or her conditional release, and detailing any arrests or criminal charges filed and any significant change in the person's mental health condition or other circumstances.
[ 2010 c 263 s 6; 1993 c 31 s 7; 1973 1st ex.s. c 117 s 16. Formerly RCW 10.77.160. ]
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 74.09 RCW. If needed, the department shall assist the person to enroll in medical assistance in suspense status under RCW 74.09.670. The state hospital liaison for the managed care organization or behavioral health administrative services organization shall facilitate conditional release planning in collaboration with the department.
(2) Less restrictive alternative treatment pursuant to a conditional release order, at a minimum, includes the following services:
(a) Assignment of a care coordinator;
(b) An intake evaluation with the provider of the conditional treatment;
(c) A psychiatric evaluation or a substance use disorder evaluation, or both;
(d) A schedule of regular contacts with the provider of the less restrictive alternative treatment services for the duration of the order;
(e) A transition plan addressing access to continued services at the expiration of the order;
(f) An individual crisis plan;
(g) Consultation about the formation of a mental health advance directive under chapter 71.32 RCW;
(h) Appointment of a transition team under RCW 10.77.550; and
(i) Notification to the care coordinator assigned in (a) of this subsection and to the transition team as provided in RCW 10.77.550 if reasonable efforts to engage the client fail to produce substantial compliance with court-ordered treatment conditions.
(3) Less restrictive alternative treatment pursuant to a conditional release order may additionally include requirements to participate in the following services:
(a) Medication management;
(b) Psychotherapy;
(c) Nursing;
(d) Substance use disorder counseling;
(e) Residential treatment;
(f) Partial hospitalization;
(g) Intensive outpatient treatment;
(h) Support for housing, benefits, education, and employment; and
(i) Periodic court review.
(4) Nothing in this section prohibits items in subsection (2) of this section from beginning before the conditional release of the individual.
(5) If the person was provided with involuntary medication under RCW 10.77.525 or pursuant to a judicial order during the involuntary commitment period, the less restrictive alternative treatment pursuant to the conditional release order may authorize the less restrictive alternative treatment provider or its designee to administer involuntary antipsychotic medication to the person if the provider has attempted and failed to obtain the informed consent of the person and there is a concurring medical opinion approving the medication by a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychiatric advanced registered nurse practitioner, or physician or physician assistant in consultation with an independent mental health professional with prescribing authority.
(6) Less restrictive alternative treatment pursuant to a conditional release order must be administered by a provider that is certified or licensed to provide or coordinate the full scope of services required under the less restrictive alternative order and that has agreed to assume this responsibility.
(7) The care coordinator assigned to a person ordered to less restrictive alternative treatment pursuant to a conditional release order must submit an individualized plan for the person's treatment services to the court that entered the order. An initial plan must be submitted as soon as possible following the intake evaluation and a revised plan must be submitted upon any subsequent modification in which a type of service is removed from or added to the treatment plan.
(8) A care coordinator may disclose information and records related to mental health treatment under RCW 70.02.230(2)(k) for purposes of implementing less restrictive alternative treatment pursuant to a conditional release order.
(9) For the purpose of this section, "care coordinator" means a representative from the department of social and health services who coordinates the activities of less restrictive alternative treatment pursuant to a conditional release order. The care coordinator coordinates activities with the person's transition team that are necessary for enforcement and continuation of the conditional release order and is responsible for coordinating service activities with other agencies and establishing and maintaining a therapeutic relationship with the individual on a continuing basis.
[ 2024 c 62 s 13; 2022 c 210 s 22; 2021 c 263 s 4. Formerly RCW 10.77.175. ]
NOTES:
Effective date—2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32: See note following RCW 18.71A.010.
Intent—2024 c 62: See note following RCW 18.71A.020.
Application—2021 c 263: See note following RCW 10.77.550.
PDFRCW 10.77.575
Conditional release—Planning—Less restrictive alternative treatment. (Effective June 30, 2027.)
(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 74.09 RCW. If needed, the department shall assist the person to enroll in medical assistance in suspense status under RCW 74.09.670. The state hospital liaison for the managed care organization or behavioral health administrative services organization shall facilitate conditional release planning in collaboration with the department.
(2) Less restrictive alternative treatment pursuant to a conditional release order, at a minimum, includes the following services:
(a) Assignment of a care coordinator;
(b) An intake evaluation with the provider of the conditional treatment;
(c) A psychiatric evaluation or a substance use disorder evaluation, or both;
(d) A schedule of regular contacts with the provider of the less restrictive alternative treatment services for the duration of the order;
(e) A transition plan addressing access to continued services at the expiration of the order;
(f) An individual crisis plan;
(g) Consultation about the formation of a mental health advance directive under chapter 71.32 RCW;
(h) Appointment of a transition team under RCW 10.77.550; and
(i) Notification to the care coordinator assigned in (a) of this subsection and to the transition team as provided in RCW 10.77.550 if reasonable efforts to engage the client fail to produce substantial compliance with court-ordered treatment conditions.
(3) Less restrictive alternative treatment pursuant to a conditional release order may additionally include requirements to participate in the following services:
(a) Medication management;
(b) Psychotherapy;
(c) Nursing;
(d) Substance use disorder counseling;
(e) Residential treatment;
(f) Partial hospitalization;
(g) Intensive outpatient treatment;
(h) Support for housing, benefits, education, and employment; and
(i) Periodic court review.
(4) Nothing in this section prohibits items in subsection (2) of this section from beginning before the conditional release of the individual.
(5) If the person was provided with involuntary medication under RCW 10.77.525 or pursuant to a judicial order during the involuntary commitment period, the less restrictive alternative treatment pursuant to the conditional release order may authorize the less restrictive alternative treatment provider or its designee to administer involuntary antipsychotic medication to the person if the provider has attempted and failed to obtain the informed consent of the person and there is a concurring medical opinion approving the medication by a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychiatric advanced practice registered nurse, or physician or physician assistant in consultation with an independent mental health professional with prescribing authority.
(6) Less restrictive alternative treatment pursuant to a conditional release order must be administered by a provider that is certified or licensed to provide or coordinate the full scope of services required under the less restrictive alternative order and that has agreed to assume this responsibility.
(7) The care coordinator assigned to a person ordered to less restrictive alternative treatment pursuant to a conditional release order must submit an individualized plan for the person's treatment services to the court that entered the order. An initial plan must be submitted as soon as possible following the intake evaluation and a revised plan must be submitted upon any subsequent modification in which a type of service is removed from or added to the treatment plan.
(8) A care coordinator may disclose information and records related to mental health treatment under RCW 70.02.230(2)(k) for purposes of implementing less restrictive alternative treatment pursuant to a conditional release order.
(9) For the purpose of this section, "care coordinator" means a representative from the department of social and health services who coordinates the activities of less restrictive alternative treatment pursuant to a conditional release order. The care coordinator coordinates activities with the person's transition team that are necessary for enforcement and continuation of the conditional release order and is responsible for coordinating service activities with other agencies and establishing and maintaining a therapeutic relationship with the individual on a continuing basis.
[ 2025 c 58 s 5066; 2024 c 62 s 13; 2022 c 210 s 22; 2021 c 263 s 4. Formerly RCW 10.77.175.]
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2024 c 62 ss 1-8, 10-18, 20-26, 28, and 30-32: See note following RCW 18.71A.010.
Intent—2024 c 62: See note following RCW 18.71A.020.
Application—2021 c 263: See note following RCW 10.77.550.
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. Review may occur in a shorter time or more frequently, if the court, in its discretion, on its own motion, or on motion of the person, the secretary of social and health services, the secretary of corrections, medical or mental health practitioner, or the prosecuting attorney, so determines. The sole question to be determined by the court is whether the person shall continue to be conditionally released. The court in making its determination shall be aided by the periodic reports filed pursuant to RCW 10.77.545 and 10.77.565, and the opinions of the secretary and other experts or professional persons. If the conditionally released person is indigent, and so requests, the court shall assist the person in obtaining a qualified expert or professional person to examine the person on his or her behalf. An expert or professional person obtained by a conditionally released indigent person who was committed to state psychiatric care following acquittal by reason of insanity shall be compensated out of funds of the office of public defense as provided in policies and procedures under chapter 2.70 RCW, in a manner consistent with the rules of professional conduct and the standards for indigent defense.
[ 2023 c 120 s 10; 1998 c 297 s 42; 1993 c 31 s 9; 1974 ex.s. c 198 s 14; 1973 1st ex.s. c 117 s 18. Formerly RCW 10.77.180. ]
NOTES:
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
(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 the court believes the released person is failing to adhere to the terms and conditions of his or her conditional release or is in need of additional care and treatment.
(2) If the prosecuting attorney, the secretary of social and health services, the secretary of corrections, or the court, after examining the report filed with them pursuant to RCW 10.77.565, or based on other information received by them, reasonably believes that a conditionally released person is failing to adhere to the terms and conditions of his or her conditional release the court or secretary of social and health services or the secretary of corrections may order that the conditionally released person be apprehended and taken into custody. The court and the person's attorney of record shall be notified of the apprehension before the close of the next judicial day. The court shall schedule a hearing within 30 days to determine whether or not the person's conditional release should be modified or revoked. Both the prosecuting attorney and the conditionally released person shall have the right to request an immediate mental examination of the conditionally released person. If the conditionally released person is indigent, and so requests, the court shall assist the person in obtaining a qualified expert or professional person to examine the person on his or her own behalf. An expert or professional person obtained by a conditionally released indigent person who was committed into state psychiatric care following acquittal by reason of insanity shall be compensated out of funds of the office of public defense as provided in policies and procedures under chapter 2.70 RCW, in a manner consistent with the rules of professional conduct and the standards for indigent defense.
(3) If the hospital or facility designated to provide outpatient care determines that a conditionally released person presents a threat to public safety, the hospital or facility shall immediately notify the secretary of social and health services or the secretary of corrections or their designees. The secretary shall order that the conditionally released person be apprehended and taken into custody.
(4) The court, upon receiving notification of the apprehension, shall promptly schedule a hearing. The issue to be determined is whether the conditionally released person did or did not adhere to the terms and conditions of his or her release, or whether the person presents a threat to public safety. Pursuant to the determination of the court upon such hearing, the conditionally released person shall either continue to be conditionally released on the same or modified conditions or his or her conditional release shall be revoked and he or she shall be committed subject to release only in accordance with provisions of this chapter.
[ 2023 c 120 s 11; 2010 c 263 s 7; 1998 c 297 s 43; 1993 c 31 s 10; 1982 c 112 s 2; 1974 ex.s. c 198 s 15; 1973 1st ex.s. c 117 s 19. Formerly RCW 10.77.190. ]
NOTES:
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
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 10.77.550. The level of supervision provided by the secretary shall correspond to the level of the person's public safety risk. In undertaking supervision of persons under this section, the secretary shall coordinate with any treatment providers or department of corrections staff designated pursuant to RCW 10.77.550, and local law enforcement, if appropriate. The secretary shall adopt rules to implement this section.
[ 2021 c 263 s 10; 2010 c 263 s 9. Formerly RCW 10.77.195. ]
NOTES:
Application—2021 c 263: See note following RCW 10.77.550.
(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 10.77.565, and other reports and evaluations provided by professionals familiar with the case. If the secretary approves the release he or she then shall authorize the person to petition the court.
(2) In instances in which persons have not made application for release, but the secretary believes, after consideration of the reports filed under RCW 10.77.400, 10.77.530, 10.77.545, and 10.77.565, and other reports and evaluations provided by professionals familiar with the case, that reasonable grounds exist for release, the secretary may petition the court. If the secretary petitions the court for release under this subsection, notice of the petition must be provided to the person who is the subject of the petition and to his or her attorney.
(3) The petition shall be served upon the court and the prosecuting attorney. The court, upon receipt of the petition for release, shall within 45 days order a hearing. Continuance of the hearing date shall only be allowed for good cause shown. The prosecuting attorney shall represent the state, and shall have the right to have the person who is the subject of the petition examined by an expert or professional person of the prosecuting attorney's choice. If the secretary is the petitioner, the attorney general shall represent the secretary. If the person who is the subject of the petition is indigent, and the person so requests, the court shall assist the person in obtaining a qualified expert or professional person to examine him or her. An expert or professional person obtained by an indigent person who was committed to state psychiatric care following acquittal by reason of insanity shall be compensated out of funds of the office of public defense as provided in policies and procedures under chapter 2.70 RCW, in a manner consistent with the rules of professional conduct and the standards for indigent defense. If the person who is the subject of the petition has a developmental disability, the examination shall be performed by a developmental disabilities professional. The hearing shall be before a jury if demanded by either the petitioner or the prosecuting attorney. The burden of proof shall be upon the petitioner to show by a preponderance of the evidence that the person who is the subject of the petition no longer presents, as a result of a mental disease or defect, a substantial danger to other persons, or a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions. If the person who is the subject of the petition will be transferred to a state correctional institution or facility upon release to serve a sentence for any class A felony, the petitioner must show that the person's mental disease or defect is manageable within a state correctional institution or facility, but must not be required to prove that the person does not present either a substantial danger to other persons, or a substantial likelihood of committing criminal acts jeopardizing public safety or security, if released.
(4) For purposes of this section, a person affected by a mental disease or defect in a state of remission is considered to have a mental disease or defect requiring supervision when the disease may, with reasonable medical probability, occasionally become active and, when active, render the person a danger to others. Upon a finding that the person who is the subject of the petition has a mental disease or defect in a state of remission under this subsection, the court may deny release, or place or continue such a person on conditional release.
(5) Nothing contained in this chapter shall prohibit the patient from petitioning the court for release or conditional release from the institution in which he or she is committed. The petition shall be served upon the court, the prosecuting attorney, and the secretary. Upon receipt of such petition, the secretary shall develop a recommendation as provided in subsection (1) of this section and provide the secretary's recommendation to all parties and the court. The issue to be determined on such proceeding is whether the patient, as a result of a mental disease or defect, is a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.
(6) Nothing contained in this chapter shall prohibit the committed person from petitioning for release by writ of habeas corpus.
[ 2023 c 120 s 12; 2013 c 289 s 7; 2010 c 263 s 8; 2000 c 94 s 16; 1998 c 297 s 44; 1993 c 31 s 11; 1989 c 420 s 11; 1983 c 25 s 2; 1974 ex.s. c 198 s 16; 1973 1st ex.s. c 117 s 20. Formerly RCW 10.77.200. ]
NOTES:
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Findings—2013 c 289: See note following RCW 10.77.645.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
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 person who is criminally insane in a county jail or other local facility while awaiting either placement in a treatment program or a court hearing pursuant to this chapter is permitted for no more than seven days.
[ 2015 1st sp.s. c 7 s 8; 1982 c 112 s 3; 1974 ex.s. c 198 s 17; 1973 1st ex.s. c 117 s 22. Formerly RCW 10.77.220. ]
NOTES:
Finding—2015 1st sp.s. c 7: See note following RCW 10.77.620.
Effective dates—2015 1st sp.s. c 7: See note following RCW 10.77.620.
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) The legislature establishes a performance target of 14 days or fewer for the following services related to competency to stand trial, when access to the services is legally authorized:
(i) To complete a competency evaluation in jail and distribute the evaluation report; and
(ii) To extend an offer of admission to a defendant ordered to be committed to the department for placement in a facility operated by or contracted by the department following dismissal of charges based on incompetency to stand trial under RCW 10.77.645.
(c) The legislature establishes a performance target of 21 days or fewer to complete a competency evaluation in the community and distribute the evaluation report.
(2)(a) A maximum time limit of seven days as measured from the department's receipt of the court order, or a maximum time limit of 14 days as measured from signature of the court order, whichever is shorter, is established to complete the services specified in subsection (1)(a) of this section, subject to the limitations under subsection (9) of this section.
(b) A maximum time limit of 14 days as measured from the department's receipt of the court order, or a maximum time limit of 21 days as measured from signature of the court order, whichever is shorter, is established to complete the services specified in subsection (1)(b) of this section, subject to the limitations under subsection (9) of this section.
(3) The legislature recognizes that these targets may not be achievable in all cases, but intends for the department to manage, allocate, and request appropriations for resources in order to meet these targets whenever possible without sacrificing the accuracy and quality of competency services.
(4) It shall be a defense to an allegation that the department has exceeded the maximum time limits for completion of competency services described in subsection (2) of this section if the department can demonstrate by a preponderance of the evidence that the reason for exceeding the maximum time limits was outside of the department's control including, but not limited to, the following circumstances:
(a) Despite a timely request, the department has not received necessary medical information regarding the current medical status of a defendant;
(b) The individual circumstances of the defendant make accurate completion of an evaluation of competency to stand trial dependent upon review of mental health, substance use disorder, or medical history information which is in the custody of a third party and cannot be immediately obtained by the department, provided that completion shall not be postponed for procurement of information which is merely supplementary;
(c) Additional time is needed for the defendant to no longer show active signs and symptoms of impairment related to substance use so that an accurate evaluation may be completed;
(d) The defendant is medically unavailable for competency evaluation or admission to a facility for competency restoration;
(e) Completion of the referral requires additional time to accommodate the availability or participation of counsel, court personnel, interpreters, or the defendant;
(f) The defendant asserts legal rights that result in a delay in the provision of competency services; or
(g) An unusual spike in the receipt of evaluation referrals or in the number of defendants requiring restoration services has occurred, causing temporary delays until the unexpected excess demand for competency services can be resolved.
(5) The department shall provide written notice to the court when it will not be able to meet the maximum time limits under subsection (2) of this section and identify the reasons for the delay and provide a reasonable estimate of the time necessary to complete the competency service. Good cause for an extension for the additional time estimated by the department shall be presumed absent a written response from the court or a party received by the department within seven days.
(6) The department shall:
(a) Develop, document, and implement procedures to monitor the clinical status of defendants admitted to a state hospital for competency services that allow the state hospital to accomplish early discharge for defendants for whom clinical objectives have been achieved or may be achieved before expiration of the commitment period;
(b) Investigate the extent to which patients admitted to a state hospital under this chapter overstay time periods authorized by law and take reasonable steps to limit the time of commitment to authorized periods; and
(c) Establish written standards for the productivity of forensic evaluators and utilize these standards to internally review the performance of forensic evaluators.
(7) Following any quarter in which a state hospital has failed to meet one or more of the performance targets or maximum time limits under subsection (1) or (2) of this section, the department shall report to the executive and the legislature the extent of this deviation and describe any corrective action being taken to improve performance. This report shall be made publicly available. An average may be used to determine timeliness under this subsection.
(8) The department shall report annually to the legislature and the executive on the timeliness of services related to competency to stand trial and the timeliness with which court referrals accompanied by charging documents, discovery, and criminal history information are provided to the department relative to the signature date of the court order. The report must be in a form that is accessible to the public and that breaks down performance by county.
(9) This section does not create any new entitlement or cause of action related to the timeliness of competency to stand trial services, nor can it form the basis for contempt sanctions under chapter 7.21 RCW or a motion to dismiss criminal charges.
[ 2023 c 453 s 4; 2022 c 288 s 3; 2015 c 5 s 1; 2012 c 256 s 2. Formerly RCW 10.77.068. ]
NOTES:
Findings—2023 c 453: See note following RCW 10.77.400.
Purpose—2012 c 256: "The purpose of this act is to sustainably improve the timeliness of services related to competency to stand trial by setting performance expectations, establishing new mechanisms for accountability, and enacting reforms to ensure that forensic resources are expended in an efficient and clinically appropriate manner without diminishing the quality of competency services, and to reduce the time defendants with mental illness spend in jail awaiting evaluation and restoration of competency." [ 2012 c 256 s 1.]
Effective date—2012 c 256: "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 takes effect May 1, 2012." [ 2012 c 256 s 14.]
(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 vehicle under RCW 46.61.504(6), felony hit and run resulting in injury under RCW 46.52.020(4)(b), a hate crime offense under RCW 9A.36.080, a class C felony with a domestic violence designation, a class C felony sex offense as defined in RCW 9.94A.030, or a class C felony with a sexual motivation allegation, who have had two or more cases dismissed due to a finding of incompetency to stand trial in the preceding 24 months and who are at risk for a finding of incompetency under their current charge. The forensic navigator shall determine the defendants' willingness to engage with services under this section; and
(b) Provide a diversion program plan to the parties in each case that includes a recommendation for a diversion program to defense counsel and the prosecuting attorney. Services under a diversion program may include a referral for assisted outpatient treatment under chapter 71.05 RCW.
(2) The court shall dismiss the criminal charges upon agreement of the parties that the defendant has been accepted into the diversion program recommended by the forensic navigator.
(3)(a) For defendants charged with a nonfelony, the court may order the defendant to a diversion program if recommended by the forensic navigator. Upon engagement with the diversion program, the defense may move to dismiss the charges without prejudice. The court shall hold a hearing on this motion within 10 days. The court shall grant the defense motion if it finds by a preponderance of the evidence that the defendant is amenable to the services described in the diversion program and can safely receive services in the community.
(b) For defendants charged with 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 vehicle under RCW 46.61.504(6), felony hit and run resulting in injury under RCW 46.52.020(4)(b), a hate crime offense under RCW 9A.36.080, a class C felony with a domestic violence designation, a class C felony sex offense as defined in RCW 9.94A.030, or a class C felony with a sexual motivation allegation, the defense may move for dismissal of the charges without prejudice if the defendant is currently subject to a civil commitment order under chapter 71.05 RCW. The court shall grant the defense motion upon confirmation of an available treatment plan under chapter 71.05 RCW.
(4) Individuals who are referred to a diversion program described in this section shall have a forensic navigator assigned to assist them for up to six months while engaging in the services described in the diversion program.
(5) Forensic navigators shall collaborate with available Trueblood settlement diversion programs if they are accessible in the geographic location where criminal charges are currently filed.
[ 2023 c 453 s 10. Formerly RCW 10.77.072. ]
NOTES:
Findings—2023 c 453: See note following RCW 10.77.400.
(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 navigator in circumstances described under RCW 10.77.610.
(2) A forensic navigator must assist the individual to access services related to diversion and community outpatient competency restoration. The forensic navigator must assist the individual, prosecuting attorney, defense attorney, and the court to understand the options available to the individual and be accountable as an officer of the court for faithful execution of the responsibilities outlined in this section.
(3) The duties of the forensic navigator include, but are not limited to, the following:
(a) To collect relevant information about the individual, including behavioral health services and supports available to the individual that might support placement in outpatient restoration, diversion, or some combination of these;
(b) To meet with, interview, and observe the individual;
(c) To assess the individual for appropriateness for assisted outpatient treatment under chapter 71.05 RCW;
(d) To present information to the court in order to assist the court in understanding the treatment options available to the individual to support the entry of orders for diversion from the forensic mental health system or for community outpatient competency restoration, to facilitate that transition;
(e) To provide regular updates to the court and parties of the status of the individual's participation in diversion or outpatient services and be responsive to inquiries by the parties about treatment status;
(f) When the individual is ordered to receive community outpatient restoration, to provide services to the individual including:
(i) Assisting the individual with attending appointments and classes relating to outpatient competency restoration;
(ii) Coordinating access to housing for the individual;
(iii) Meeting with the individual on a regular basis;
(iv) Providing information to the court concerning the individual's progress and compliance with court-ordered conditions of release, which may include appearing at court hearings to provide information to the court;
(v) Coordinating the individual's access to community case management services and mental health services;
(vi) Assisting the individual with obtaining prescribed medication and encouraging adherence with prescribed medication;
(vii) Assessing the individual for appropriateness for assisted outpatient treatment under chapter 71.05 RCW and coordinating the initiation of an assisted outpatient treatment order if appropriate;
(viii) Planning for a coordinated transition of the individual to a case manager in the community behavioral health system;
(ix) Attempting to follow-up with the individual to check whether the meeting with a community-based case manager took place;
(x) When the individual is a high utilizer, attempting to connect the individual with high utilizer services; and
(xi) Attempting to check up on the individual at least once per month for up to sixty days after coordinated transition to community behavioral health services, without duplicating the services of the community-based case manager;
(g) If the individual is an American Indian or Alaska Native who receives medical, behavioral health, housing, or other supportive services from a tribe within this state, to notify and coordinate with the tribe and Indian health care provider. Notification shall be made in person or by telephonic or electronic communication to the tribal contact listed in the authority's tribal crisis coordination plan as soon as possible.
(4) Forensic navigators may submit recommendations to the court regarding treatment and restoration options for the individual, which the court may consider and weigh in conjunction with the recommendations of all of the parties.
(5) Forensic navigators shall be deemed officers of the court for the purpose of immunity from civil liability.
(6) The signed order for competency evaluation from the court shall serve as authority for the forensic navigator to be given access to all records held by a behavioral health, educational, or law enforcement agency or a correctional facility that relates to an individual. Information that is protected by state or federal law, including health information, shall not be entered into the court record without the consent of the individual or their defense attorney.
(7) Admissions made by the individual in the course of receiving services from the forensic navigator may not be used against the individual in the prosecution's case in chief.
(8) A court may not issue an order appointing a forensic navigator unless the department certifies that there is adequate forensic navigator capacity to provide these services at the time the order is issued.
[ 2023 c 453 s 5; 2019 c 326 s 2. Formerly RCW 10.77.074. ]
NOTES:
Findings—2023 c 453: See note following RCW 10.77.400.
Intent—2019 c 326: "The legislature recognizes that there has been a nationwide increase in the number of individuals with behavioral health disorders in the criminal justice system. The legislature also recognizes that reforms must be made to our own behavioral health systems and services to meet the increasing demands in our state, to provide timely competency evaluations and restoration services, and to comply with federal court orders issued in A.B., by and through Trueblood, et al., v. DSHS, et al., No. 15-35462 ("Trueblood"). The legislature acknowledges that these reforms will require the support of a broad range of stakeholders, including local law enforcement, prosecuting attorneys, defense attorneys, community members, and health care providers. The legislature further acknowledges the significant efforts of the parties to the Trueblood litigation to establish a road map and framework within their settlement agreement for proposed systemic reforms to the forensic mental health care system. It is the intent of the legislature to enact appropriate reforms consistent with the goals agreed to in the Trueblood settlement agreement, to continue to engage with stakeholders and community partners to address the needs of this vulnerable population, and to ensure that the public safety needs of our communities are met." [ 2019 c 326 s 1.]
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 certification of probable cause, to the state hospital. If the order is for competency restoration treatment and the competency evaluation was provided by a qualified expert or professional person who was not designated by the secretary, the clerk shall also provide the state hospital with a copy of all previous court orders related to competency or criminal insanity and a copy of any of the evaluation reports;
(2) The prosecuting attorney shall provide the discovery packet, including a statement of the defendant's criminal history, to the state hospital; and
(3) If the court order requires transportation of the defendant to a state hospital, the jail administrator shall provide the defendant's medical clearance information to the state hospital admission staff.
[ 2015 1st sp.s. c 7 s 2. Formerly RCW 10.77.075. ]
NOTES:
Finding—2015 1st sp.s. c 7: "(1) The legislature finds that there are currently no alternatives to competency restoration provided in the state hospitals. Subject to the availability of amounts appropriated for this specific purpose, the legislature encourages the department of social and health services to develop, on a phased-in basis, alternative locations and increased access to competency restoration services under chapter 10.77 RCW for individuals who do not require inpatient psychiatric hospitalization level services.
(2) The department of social and health services shall work with counties and the court to develop a screening process to determine which individuals are safe to receive competency restoration treatment outside the state hospitals." [ 2015 1st sp.s. c 7 s 1.]
Effective dates—2015 1st sp.s. c 7: "(1) Section 7 of 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 takes effect immediately [June 10, 2015].
(2) Sections 1 through 6 and 8 through 15 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 July 1, 2015.
(3) Section 16 of this act takes effect April 1, 2016." [ 2015 1st sp.s. c 7 s 19.]
(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 cooperate with competency evaluators and the department to arrange for competency evaluators to have reasonable, timely, and appropriate access to defendants for the purpose of performing evaluations under this chapter to accommodate the seven-day performance target for completing competency evaluations for defendants in custody.
[ 2015 1st sp.s. c 7 s 3. Formerly RCW 10.77.078. ]
NOTES:
Finding—2015 1st sp.s. c 7: See note following RCW 10.77.620.
Effective dates—2015 1st sp.s. c 7: See note following RCW 10.77.620.
(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 use disorder professional, co-occurring disorder specialist, or developmental disabilities professional to determine the appropriate service needs for the defendant.
(2) This section does not apply to defendants with a current charge or prior conviction for a violent offense or sex offense as defined in RCW 9.94A.030, or a violation of RCW 9A.36.031(1) (d), (f), or (h).
[ 2019 c 444 s 8; 2015 1st sp.s. c 7 s 9. Formerly RCW 10.77.079. ]
NOTES:
Finding—2015 1st sp.s. c 7: See note following RCW 10.77.620.
Effective dates—2015 1st sp.s. c 7: See note following RCW 10.77.620.
(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) of this section. Beginning October 1, 2023, if the defendant is charged with a serious traffic offense under RCW 9.94A.030, or a felony version of a serious traffic offense, the court may order the clerk to transmit an order to the department of licensing for revocation of the defendant's driver's license for a period of one year.
(b) The court may order a defendant who has been found to be incompetent to undergo competency restoration treatment at a facility designated by the department if the defendant is eligible under RCW 10.77.645 or 10.77.650. At the end of each competency restoration period or at any time a professional person determines competency has been, or is unlikely to be, restored, the defendant shall be returned to court for a hearing, except that if the opinion of the professional person is that the defendant remains incompetent and the hearing is held before the expiration of the current competency restoration period, the parties may agree to waive the defendant's presence, to remote participation by the defendant at a hearing, or to presentation of an agreed order in lieu of a hearing. The facility shall promptly notify the court and all parties of the date on which the competency restoration period commences and expires so that a timely hearing date may be scheduled.
(c) If, following notice and hearing or entry of an agreed order under (b) of this subsection, the court finds that competency has been restored, the court shall lift the stay entered under (a) of this subsection. If the court finds that competency has not been restored, the court shall dismiss the proceedings without prejudice, except that the court may order a further period of competency restoration treatment if it finds that further treatment within the time limits established by RCW 10.77.645 or 10.77.650 is likely to restore competency, and a further period of treatment is allowed under RCW 10.77.645 or 10.77.650.
(d) If at any time during the proceeding the court finds, following notice and hearing, a defendant is not likely to regain competency, the court shall dismiss the proceedings without prejudice and refer the defendant for civil commitment evaluation or proceedings if appropriate under RCW 10.77.405, 10.77.645, or 10.77.650.
(e) Beginning October 1, 2023, if the court issues an order directing revocation of the defendant's driver's license under (a) of this subsection, and the court subsequently finds that the defendant's competency has been restored, the court shall order the clerk to transmit an order to the department of licensing for reinstatement of the defendant's driver's license. The court may direct the clerk to transmit an order reinstating the defendant's driver's license before the end of one year for good cause upon the petition of the defendant.
(2) If the defendant is referred for evaluation by a designated crisis responder under this chapter, the designated crisis responder shall provide prompt written notification of the results of the evaluation and whether the person was detained. The notification shall be provided to the court in which the criminal action was pending, the prosecutor, the defense attorney in the criminal action, and the facility that evaluated the defendant for competency.
(3) The fact that the defendant is unfit to proceed does not preclude any pretrial proceedings which do not require the personal participation of the defendant.
(4) A defendant receiving medication for either physical or mental problems shall not be prohibited from standing trial, if the medication either enables the defendant to understand the proceedings against him or her and to assist in his or her own defense, or does not disable him or her from so understanding and assisting in his or her own defense.
(5) At or before the conclusion of any commitment period provided for by this section, the facility providing evaluation and treatment shall provide to the court a written report of evaluation which meets the requirements of RCW 10.77.400(3). For defendants charged with a felony, the report following the second competency restoration period or first competency restoration period if the defendant's incompetence is determined to be solely due to a developmental disability or the evaluator concludes that the defendant is not likely to regain competency must include an assessment of the defendant's future dangerousness which is evidence-based regarding predictive validity.
[ 2023 c 453 s 6; 2016 sp.s. c 29 s 410; 2015 1st sp.s. c 7 s 4; 2012 c 256 s 5; 2007 c 375 s 3. Formerly RCW 10.77.084. ]
NOTES:
Findings—2023 c 453: See note following RCW 10.77.400.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Finding—2015 1st sp.s. c 7: See note following RCW 10.77.620.
Effective dates—2015 1st sp.s. c 7: See note following RCW 10.77.620.
Purpose—Effective date—2012 c 256: See notes following RCW 10.77.605.
Findings—Purpose—Construction—Severability—2007 c 375: See notes following RCW 10.31.110.
Captions not law—2007 c 375: "Captions used in this act are not any part of the law." [ 2007 c 375 s 19.]
(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 as possible following the court's placement of the defendant in the custody of the secretary.
(2) When appropriate, and subject to available funds, if the defendant is determined to be an individual with a developmental disability, he or she may be placed in a program specifically reserved for the treatment and training of persons with developmental disabilities where the defendant has the right to habilitation according to an individualized service plan specifically developed for the particular needs of the defendant. A copy of the evaluation must be sent to the program.
(a) The program must be separate from programs serving persons involved in any other treatment or habilitation program.
(b) The program must be appropriately secure under the circumstances and must be administered by developmental disabilities professionals who shall direct the habilitation efforts.
(c) The program must provide an environment affording security appropriate with the charged criminal behavior and necessary to protect the public safety.
(3) The department may limit admissions of such persons to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department for such services.
(4) The department may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department.
[ 2012 c 256 s 7. Formerly RCW 10.77.0845. ]
NOTES:
Purpose—Effective date—2012 c 256: See notes following RCW 10.77.605.
(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 event for a period of no longer than 90 days, the court shall commit the defendant to the custody of the secretary for inpatient competency restoration, or may alternatively order the defendant to receive outpatient competency restoration based on a recommendation from a forensic navigator and input from the parties.
(b) For a defendant who is determined to be incompetent and whose highest charge is 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 vehicle under RCW 46.61.504(6), felony hit and run resulting in injury under RCW 46.52.020(4)(b), a hate crime offense under RCW 9A.36.080, a class C felony with a domestic violence designation, a class C felony sex offense as defined in RCW 9.94A.030, or a class C felony with a sexual motivation allegation, the court shall first consider all available and appropriate alternatives to inpatient competency restoration. The court shall dismiss the proceedings without prejudice upon agreement of the parties if the forensic navigator has found an appropriate and available diversion program willing to accept the defendant.
(2)(a) To be eligible for an order for outpatient competency restoration, a defendant must be clinically appropriate and be willing to:
(i) Adhere to medications or receive prescribed intramuscular medication;
(ii) Abstain from alcohol and unprescribed drugs; and
(iii) Comply with urinalysis or breathalyzer monitoring if needed.
(b) If the court orders inpatient competency restoration, the department shall place the defendant in an appropriate facility of the department for competency restoration.
(c) If the court orders outpatient competency restoration, the court shall modify conditions of release as needed to authorize the department to place the person in approved housing, which may include access to supported housing, affiliated with a contracted outpatient competency restoration program. The department, in conjunction with the health care authority, must establish rules for conditions of participation in the outpatient competency restoration program, which must include the defendant being subject to medication management. The court may order regular urinalysis testing. The outpatient competency restoration program shall monitor the defendant during the defendant's placement in the program and report any noncompliance or significant changes with respect to the defendant to the department and, if applicable, the forensic navigator.
(d) If a defendant fails to comply with the restrictions of the outpatient [competency] restoration program such that restoration is no longer appropriate in that setting or the defendant is no longer clinically appropriate for outpatient competency restoration, the director of the outpatient competency restoration program shall notify the authority and the department of the need to terminate the outpatient competency restoration placement and intent to request placement for the defendant in an appropriate facility of the department for inpatient competency restoration. The outpatient competency restoration program shall coordinate with the authority, the department, and any law enforcement personnel under (d)(i) of this subsection to ensure that the time period between termination and admission into the inpatient facility is as minimal as possible. The time period for inpatient competency restoration shall be reduced by the time period spent in active treatment within the outpatient competency restoration program, excluding time periods in which the defendant was absent from the program and all time from notice of termination of the outpatient competency restoration period through the defendant's admission to the facility. The department shall obtain a placement for the defendant within seven days of the notice of intent to terminate the outpatient competency restoration placement.
(i) The department may authorize a peace officer to detain the defendant into emergency custody for transport to the designated inpatient competency restoration facility. If medical clearance is required by the designated competency restoration facility before admission, the peace officer must transport the defendant to a crisis stabilization unit, evaluation and treatment facility, or emergency department of a local hospital for medical clearance once a bed is available at the designated inpatient competency restoration facility. The signed outpatient competency restoration order of the court shall serve as authority for the detention of the defendant under this subsection. This subsection does not preclude voluntary transportation of the defendant to a facility for inpatient competency restoration or for medical clearance, or authorize admission of the defendant into jail.
(ii) The department shall notify the court and parties of the defendant's admission for inpatient competency restoration before the close of the next judicial day. The court shall schedule a hearing within five days to review the conditions of release of the defendant and anticipated release from treatment and issue appropriate orders.
(e) The court may not issue an order for outpatient competency restoration unless the department certifies that there is an available appropriate outpatient competency restoration program that has adequate space for the person at the time the order is issued or the court places the defendant under the guidance and control of a professional person identified in the court order.
(3) For a defendant whose highest charge is a class C felony, or a class B felony that is not classified as violent under RCW 9.94A.030, the maximum time allowed for the initial competency restoration period is 45 days if the defendant is referred for inpatient competency restoration, or 90 days if the defendant is referred for outpatient competency restoration, provided that if the outpatient competency restoration placement is terminated and the defendant is subsequently admitted to an inpatient facility, the period of inpatient treatment during the first competency restoration period under this subsection shall not exceed 45 days.
(4) When any defendant whose highest charge is 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 vehicle under RCW 46.61.504(6), felony hit and run resulting in injury under RCW 46.52.020(4)(b), a hate crime offense under RCW 9A.36.080, a class C felony with a domestic violence designation, a class C felony sex offense as defined in RCW 9.94A.030, or a class C felony with a sexual motivation allegation is admitted for inpatient competency restoration with an accompanying court order for involuntary medication under RCW 10.77.665, and the defendant is found not competent to stand trial following that period of competency restoration, the court shall dismiss the charges pursuant to subsection (7) of this section.
(5) If the court determines or the parties agree before the initial competency restoration period or at any subsequent stage of the proceedings that the defendant is unlikely to regain competency, the court may dismiss the charges without prejudice without ordering the defendant to undergo an initial or further period of competency restoration treatment, in which case the court shall order that the defendant be referred for evaluation for civil commitment in the manner provided in subsection (7) of this section.
(6) On or before expiration of the initial competency restoration period the court shall conduct a hearing to determine whether the defendant is now competent to stand trial. If the court finds by a preponderance of the evidence that the defendant is incompetent to stand trial, the court may order an extension of the competency restoration period for an additional period of 90 days, but the court must at the same time set a date for a new hearing to determine the defendant's competency to stand trial before the expiration of this second restoration period. The defendant, the defendant's attorney, and the prosecutor have the right to demand that the hearing be before a jury. No extension shall be ordered for a second or third competency restoration period if the defendant is ineligible for a subsequent competency restoration period under subsection (4) of this section or the defendant's incompetence has been determined by the secretary to be solely the result of an intellectual or developmental disability, dementia, or traumatic brain injury which is such that competence is not reasonably likely to be regained during an extension.
(7)(a) Except as provided in (b) of this subsection, at the hearing upon the expiration of the second competency restoration period, or at the end of the first competency restoration period if the defendant is ineligible for a second or third competency restoration period under subsection (4) or (6) of this section, if the jury or court finds that the defendant is incompetent to stand trial, the court shall dismiss the charges without prejudice and order the defendant to be committed to the department for placement in a facility operated or contracted by the department for up to 120 hours if the defendant has not undergone competency restoration services or has engaged in outpatient competency restoration services, and up to 72 hours if the defendant engaged in inpatient competency restoration services starting from admission to the facility, excluding Saturdays, Sundays, and holidays, for evaluation for the purpose of filing a civil commitment petition under chapter 71.05 RCW. If at the time the order to dismiss the charges without prejudice is entered by the court the defendant is already in a facility operated or contracted by the department, the 72-hour or 120-hour period shall instead begin upon department receipt of the court order.
(b) The court shall not dismiss the charges if the defendant is eligible for a second or third competency restoration period under subsection (6) of this section and the court or jury finds that: (i) The defendant (A) is a substantial danger to other persons; or (B) presents a substantial likelihood of committing criminal acts jeopardizing public safety or security; and (ii) there is a substantial probability that the defendant will regain competency within a reasonable period of time. If the court or jury makes such a finding, the court may extend the period of commitment for up to an additional six months.
(8) Any period of competency restoration treatment under this section includes only the time the defendant is actually at the facility or is actively participating in an outpatient competency restoration program and is in addition to reasonable time for transport to or from the facility.
(9) If at any time the court dismisses charges based on incompetency to stand trial under this section, the court shall issue an order prohibiting the defendant from the possession of firearms until a court restores his or her right to possess a firearm under RCW 9.41.047. The court shall notify the defendant orally and in writing that the defendant may not possess a firearm unless the defendant's right to do so is restored by the superior court that issued the order under RCW 9.41.047, and that the defendant must immediately surrender all firearms and any concealed pistol license to their local law enforcement agency.
[ 2024 c 290 s 3. Prior: 2023 c 453 s 8; (2023 c 453 s 7 expired July 23, 2023); 2023 c 433 s 18; 2022 c 288 s 4; 2019 c 326 s 4; 2015 1st sp.s. c 7 s 5; 2013 c 289 s 2; 2012 c 256 s 6; 2007 c 375 s 4. Formerly RCW 10.77.086. ]
NOTES:
Contingent expiration date—2023 c 453 s 7: "Section 7 of this act expires when section 8 of this act takes effect." [ 2023 c 453 s 30.]
Effective date—2023 c 453 ss 7 and 9: See note following RCW 10.77.650.
Findings—2023 c 453: See note following RCW 10.77.400.
Intent—2019 c 326: See note following RCW 10.77.615.
Finding—2015 1st sp.s. c 7: See note following RCW 10.77.620.
Effective dates—2015 1st sp.s. c 7: See note following RCW 10.77.620.
Findings—2013 c 289: "The legislature finds that persons with a mental illness or developmental disability are more likely to be victimized by crime than to be perpetrators of crime. The legislature further finds that there are a small number of individuals who commit repeated violent acts against others while suffering from the effects of a mental illness and/or developmental disability that both contributes to their criminal behaviors and renders them legally incompetent to be held accountable for those behaviors. The legislature further finds that the primary statutory mechanisms designed to protect the public from violent behavior, either criminal commitment to a corrections institution, or long-term commitment as not guilty by reason of insanity, are unavailable due to the legal incompetence of these individuals to stand trial. The legislature further finds that the existing civil system of short-term commitments under the Washington's involuntary treatment act is insufficient to protect the public from these violent acts. Finally, the legislature finds that changes to the involuntary treatment act to account for this small number of individuals is necessary in order to serve Washington's compelling interest in public safety and to provide for the proper care of these individuals." [ 2013 c 289 s 1.]
Purpose—Effective date—2012 c 256: See notes following RCW 10.77.605.
Findings—Purpose—Construction—Severability—2007 c 375: See notes following RCW 10.31.110.
Captions not law—2007 c 375: See note following RCW 10.77.635.
(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 parties agree that there is an appropriate diversion program available to accept the defendant, the court shall dismiss the proceedings without prejudice and refer the defendant to the recommended diversion program. If the parties do not agree that there is an appropriate diversion program available to accept the defendant, then the court:
(a) Shall dismiss the proceedings without prejudice and detain the defendant pursuant to subsection (6) of this section, unless the prosecutor objects to the dismissal and provides notice of a motion for an order for competency restoration treatment, in which case the court shall schedule a hearing within seven days.
(b) At the hearing, the prosecuting attorney must establish that there is a compelling state interest to order competency restoration treatment for the defendant. The court may consider prior criminal history, prior history in treatment, prior history of violence, the quality and severity of the pending charges, any history that suggests whether competency restoration treatment is likely to be successful, in addition to the factors listed under RCW 10.77.665. If the defendant is subject to an order under chapter 71.05 RCW or proceedings under chapter 71.05 RCW have been initiated, there is a rebuttable presumption that there is no compelling state interest in ordering competency restoration treatment. If the prosecuting attorney proves by a preponderance of the evidence that there is a compelling state interest in ordering competency restoration treatment, then the court shall issue an order in accordance with subsection (2) of this section.
(2)(a) If a court finds pursuant to subsection (1)(b) of this section that there is a compelling state interest in pursuing competency restoration treatment, the court shall order the defendant to receive outpatient competency restoration consistent with the recommendation of the forensic navigator, unless the court finds that an order for outpatient competency restoration is inappropriate considering the health and safety of the defendant and risks to public safety.
(b) To be eligible for an order for outpatient competency restoration, a defendant must be willing to:
(i) Adhere to medications or receive prescribed intramuscular medication;
(ii) Abstain from alcohol and unprescribed drugs; and
(iii) Comply with urinalysis or breathalyzer monitoring if needed.
(c) If the court orders inpatient competency restoration, the department shall place the defendant in an appropriate facility of the department for competency restoration under subsection (3) of this section.
(d) If the court orders outpatient competency restoration, the court shall modify conditions of release as needed to authorize the department to place the person in approved housing, which may include access to supported housing, affiliated with a contracted outpatient competency restoration program. The department, in conjunction with the health care authority, must establish rules for conditions of participation in the outpatient competency restoration program, which must include the defendant being subject to medication management. The court may order regular urinalysis testing. The outpatient competency restoration program shall monitor the defendant during the defendant's placement in the program and report any noncompliance or significant changes with respect to the defendant to the department and, if applicable, the forensic navigator.
(e) If a defendant fails to comply with the restrictions of the outpatient competency restoration program such that restoration is no longer appropriate in that setting or the defendant is no longer clinically appropriate for outpatient competency restoration, the director of the outpatient competency restoration program shall notify the authority and the department of the need to terminate the outpatient competency restoration placement and intent to request placement for the defendant in an appropriate facility of the department for inpatient competency restoration. The outpatient competency restoration program shall coordinate with the authority, the department, and any law enforcement personnel under (e)(i) of this subsection to ensure that the time period between termination and admission into the inpatient facility is as minimal as possible. The time period for inpatient competency restoration shall be reduced by the time period spent in active treatment within the outpatient competency restoration program, excluding time periods in which the defendant was absent from the program and all time from notice of termination of the outpatient competency restoration period through the defendant's admission to the facility. The department shall obtain a placement for the defendant within seven days of the notice of intent to terminate the outpatient competency restoration placement.
(i) The department may authorize a peace officer to detain the defendant into emergency custody for transport to the designated inpatient competency restoration facility. If medical clearance is required by the designated competency restoration facility before admission, the peace officer must transport the defendant to a crisis stabilization unit, evaluation and treatment facility, or emergency department of a local hospital for medical clearance once a bed is available at the designated inpatient competency restoration facility. The signed outpatient competency restoration order of the court shall serve as authority for the detention of the defendant under this subsection. This subsection does not preclude voluntary transportation of the defendant to a facility for inpatient competency restoration or for medical clearance, or authorize admission of the defendant into jail.
(ii) The department shall notify the court and parties of the defendant's admission for inpatient competency restoration before the close of the next judicial day. The court shall schedule a hearing within five days to review the conditions of release of the defendant and anticipated release from treatment and issue appropriate orders.
(f) The court may not issue an order for outpatient competency restoration unless the department certifies that there is an available appropriate outpatient [competency] restoration program that has adequate space for the person at the time the order is issued or the court places the defendant under the guidance and control of a professional person identified in the court order.
(g) If the court does not order the defendant to receive outpatient competency restoration under (a) of this subsection, the court shall commit the defendant to the department for placement in a facility operated or contracted by the department for inpatient competency restoration.
(3) The placement under subsection (2) of this section shall not exceed 29 days if the defendant is ordered to receive inpatient competency restoration, and shall not exceed 90 days if the defendant is ordered to receive outpatient competency restoration. The court may order any combination of this subsection, but the total period of inpatient competency restoration may not exceed 29 days.
(4) Beginning October 1, 2023, if the defendant is charged with a serious traffic offense under RCW 9.94A.030, the court may order the clerk to transmit an order to the department of licensing for revocation of the defendant's driver's license for a period of one year. The court shall direct the clerk to transmit an order to the department of licensing reinstating the defendant's driver's license if the defendant is subsequently restored to competency, and may do so at any time before the end of one year for good cause upon the petition of the defendant.
(5) If the court has determined or the parties agree that the defendant is unlikely to regain competency, the court may dismiss the charges without prejudice without ordering the defendant to undergo competency restoration treatment, in which case the court shall order that the defendant be referred for evaluation for civil commitment in the manner provided in subsection (6) of this section.
(6)(a) If the proceedings are dismissed under RCW 10.77.635 and the defendant was on conditional release at the time of dismissal, the court shall order the designated crisis responder within that county to evaluate the defendant pursuant to chapter 71.05 RCW. The evaluation may be conducted in any location chosen by the professional.
(b) If the defendant was in custody and not on conditional release at the time of dismissal, the defendant shall be detained and sent to an evaluation and treatment facility for up to 120 hours if the defendant has not undergone competency restoration services or has engaged in outpatient competency restoration services and up to 72 hours if the defendant engaged in inpatient competency restoration services, excluding Saturdays, Sundays, and holidays, for evaluation for purposes of filing a petition under chapter 71.05 RCW. The 120-hour or 72-hour period shall commence upon the next nonholiday weekday following the court order and shall run to the end of the last nonholiday weekday within the 120-hour or 72-hour period.
(7) If the defendant is charged with a nonfelony crime that is not a serious offense as defined in RCW 10.77.665 and found by the court to be not competent, the court may stay or dismiss proceedings and detain the defendant for sufficient time to allow the designated crisis responder to evaluate the defendant and consider initial detention proceedings under chapter 71.05 RCW. The court must give notice to all parties at least 24 hours before the dismissal of any proceeding under this subsection, and provide an opportunity for a hearing on whether to dismiss the proceedings.
(8) If at any time the court dismisses charges under subsections (1) through (7) of this section, the court shall make a finding as to whether the defendant has a history of one or more violent acts. If the court so finds, the court shall issue an order prohibiting the defendant from the possession of firearms until a court restores his or her right to possess a firearm under RCW 9.41.047. The court shall notify the defendant orally and in writing that the defendant may not possess a firearm unless the defendant's right to do so is restored by the superior court that issued the order under RCW 9.41.047, and that the defendant must immediately surrender all firearms and any concealed pistol license to their local law enforcement agency.
(9) Any period of competency restoration treatment under this section includes only the time the defendant is actually at the facility or is actively participating in an outpatient competency restoration program and is in addition to reasonable time for transport to or from the facility.
[ 2024 c 290 s 4. Prior: 2023 c 453 s 9; 2023 c 433 s 19; 2022 c 288 s 5; 2020 c 18 s 4; prior: 2019 c 326 s 5; 2019 c 248 s 1; 2016 sp.s. c 29 s 411; 2015 1st sp.s. c 7 s 6; 2007 c 375 s 5. Formerly RCW 10.77.088. ]
NOTES:
Effective date—2023 c 453 ss 7 and 9: "Sections 7 and 9 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 [May 15, 2023]." [ 2023 c 453 s 29.]
Findings—2023 c 453: See note following RCW 10.77.400.
Explanatory statement—2020 c 18: See note following RCW 43.79A.040.
Intent—2019 c 326: See note following RCW 10.77.615.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Finding—2015 1st sp.s. c 7: See note following RCW 10.77.620.
Effective dates—2015 1st sp.s. c 7: See note following RCW 10.77.620.
Findings—Purpose—Construction—Severability—2007 c 375: See notes following RCW 10.31.110.
Captions not law—2007 c 375: See note following RCW 10.77.635.
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;
(2) The length of stay of individuals in outpatient competency restoration programs;
(3) The number of individuals who are revoked from an outpatient competency restoration program into inpatient treatment, and the outcomes of other individuals, if any, whose participation in an outpatient competency restoration program were terminated before the completion of the program; and
(4) For individuals who were revoked from an outpatient competency restoration program into an inpatient competency restoration program, how many days the individuals spent in outpatient competency restoration treatment and inpatient competency restoration treatment, and whether the restoration programs resulted in a finding of competent to stand trial or another outcome.
[ 2022 c 288 s 8. Formerly RCW 10.77.089. ]
(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 or more of the following crimes is a serious offense per se in the context of competency restoration:
(a) Any violent offense, sex offense, serious traffic offense, and most serious offense, as those terms are defined in RCW 9.94A.030;
(b) Any offense, except nonfelony counterfeiting offenses, included in crimes against persons in RCW 9.94A.411;
(c) Any offense contained in chapter 9.41 RCW (firearms and dangerous weapons);
(d) Any offense listed as domestic violence in RCW 10.99.020;
(e) Any offense listed as a harassment offense in chapter 9A.46 RCW, except for criminal trespass in the first or second degree;
(f) Any violation of chapter 69.50 RCW that is a class B felony; or
(g) Any city or county ordinance or statute that is equivalent to an offense referenced in this subsection.
(2) Any time a petition is filed seeking a court order authorizing the involuntary medication for purposes of competency restoration pursuant to RCW 10.77.635, the petition must also seek authorization to continue involuntary medication for purposes of maintaining the level of restoration in the jail or juvenile detention facility following the restoration period.
(3)(a) In a particular case, a court may determine that a pending charge not otherwise defined as serious by state or federal law or by a city or county ordinance is, nevertheless, a serious offense within the context of competency restoration treatment when the conduct in the charged offense falls within the standards established in (b) of this subsection.
(b) To determine that the particular case is a serious offense within the context of competency restoration, the court must consider the following factors and determine that one or more of the following factors creates a situation in which the offense is serious:
(i) The charge includes an allegation that the defendant actually inflicted bodily or emotional harm on another person or that the defendant created a reasonable apprehension of bodily or emotional harm to another;
(ii) The extent of the impact of the alleged offense on the basic human need for security of the citizens within the jurisdiction;
(iii) The number and nature of related charges pending against the defendant;
(iv) The length of potential confinement if the defendant is convicted; and
(v) The number of potential and actual victims or persons impacted by the defendant's alleged acts.
[ 2023 c 453 s 11; 2014 c 10 s 2; 2008 c 213 s 2; 2004 c 157 s 3. Formerly RCW 10.77.092. ]
NOTES:
Findings—2023 c 453: See note following RCW 10.77.400.
Finding—2014 c 10: "The legislature finds that there is currently no clear language authorizing courts to order involuntary medications in order to maintain the level of competency restoration in the jail following a competency restoration period and subsequent discharge from a state hospital. This act specifies that maintenance of competency in jail is a purpose for which the court may order a criminal defendant facing serious charges to be involuntarily medicated." [ 2014 c 10 s 1.]
Findings—Intent—Severability—Effective date—2004 c 157: See notes following RCW 10.77.010.
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 the defendant is the subject of a pending civil commitment proceeding or has been ordered into involuntary treatment pursuant to a civil commitment proceeding.
[ 2004 c 157 s 4. Formerly RCW 10.77.093. ]
NOTES:
Findings—Intent—Severability—Effective date—2004 c 157: See notes following RCW 10.77.010.
(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.
(2) The department shall develop a process for connecting individuals who have been found not competent to stand trial due to an intellectual or developmental disability, dementia, or traumatic brain injury to available wraparound services and supports in community-based settings, which may include residential supports. The process shall include provisions for individuals who are current clients of the department's developmental disabilities administration or aging and long-term support administration and for individuals who are not current clients of the department.
(a) For current clients of the developmental disabilities administration and aging and long-term support administration, the department's assigned case manager shall:
(i) Coordinate with the individual's services providers to determine if the individual can return to the same or like services, or determine appropriate new community-based services. This shall include updating the individual's service plan and identifying and coordinating potential funding for any additional supports to stabilize the individual in community-based settings funded by the developmental disabilities administration or aging and long-term support administration so that the individual does not lose existing services, including submitting any exceptions to rule for additional services;
(ii) Conduct a current service eligibility assessment and send referral packets to all community-based service providers for services for which the individual is eligible; and
(iii) Connect with the individual's assigned forensic navigator and determine if the individual is eligible for any diversion, supportive housing, or case management programs as a Trueblood class member, and assist the individual to access these services.
(b) For individuals who have not established eligibility for the department's support services, the department shall:
(i) Conduct an eligibility determination for services and send referral packets to service providers for all relevant community-based services for which the individual is eligible. This process must include identifying and coordinating funding for any additional supports that are needed to stabilize the individual in any community-based setting funded by the developmental disabilities administration or aging and long-term support administration, including submitting any necessary exceptions to rule for additional services; and
(ii) Connect with the individual's assigned forensic navigator and determine if the individual is eligible for any diversion, supportive housing, or case management programs as a Trueblood class member, if additional specialized services are available to supplement diversion program services, and assist the individual to access these services.
(3) The department shall offer to transition the individual in services either directly from the jail or as soon thereafter as may be practicable, without maintaining the individual at an inpatient facility for longer than is clinically necessary. Nothing in this subsection prohibits the department from returning the individual to their home or to another less restrictive setting if such setting is appropriate, which may include provision of supportive services to help the person maintain stability. The individual is not required to accept developmental disabilities administration, aging and long-term support administration, or other diversionary services as a condition of having the individual's criminal case dismissed without prejudice, provided the individual meets the criteria of subsection (1) of this section.
(4) Subject to the availability of funds appropriated for this specific purpose, the department shall develop a program for individuals who have been involved with the criminal justice system and who have been found under RCW 10.77.635 as incompetent to stand trial due to an intellectual or developmental disability, traumatic brain injury, or dementia and who do not meet criteria under other programs in this section. The program must involve wraparound services and housing supports appropriate to the needs of the individual. It is sufficient to meet the criteria for participation in this program if the individual has recently been the subject of criminal charges and was found incompetent to stand trial due to an intellectual or developmental disability, traumatic brain injury, or dementia.
[ 2023 c 453 s 13. Formerly RCW 10.77.202. ]
NOTES:
Effective date—2023 c 453 s 13: "Section 13 of this act takes effect December 1, 2023." [ 2023 c 453 s 31.]
Findings—2023 c 453: See note following RCW 10.77.400.
(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 individual while incarcerated. Clinical intervention specialists shall support jail health services in providing direct services, enhanced oversight and monitoring of the behavioral health status of participating individuals. Clinical intervention specialists shall work collaboratively with jail health services to ensure appropriate prescriptions, medication compliance monitoring, and access to supportive behavioral health services to the individuals. Clinical intervention specialists shall coordinate with forensic navigators and the department to assist forensic navigators in making recommendations for appropriate placements, which may include recommendations for participation in an outpatient competency restoration program or a diversion program designed for the needs of the individual. The clinical intervention specialist shall notify the department if a participating individual appears to have stabilized in their behavioral health such that a new competency evaluation is appropriate to reassess the individual's need for competency restoration treatment.
(2) The department shall establish a memorandum of understanding and any contracts needed with the jail to address the terms and conditions of allowing access to defendants and their records subject to the requirements of this section.
[ 2023 c 453 s 17. Formerly RCW 10.77.320. ]
NOTES:
Findings—2023 c 453: See note following RCW 10.77.400.
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, prepared or provided for making either of them.
(2) To search for and seize any gaming apparatus used or kept, and to be used in any unlawful gaming house, or in any building, apartment or place, resorted to for the purpose of unlawful gaming.
(3) To search for and seize any evidence material to the investigation or prosecution of any homicide or any felony: PROVIDED, That if the evidence is sought to be secured from any radio or television station or from any regularly published newspaper, magazine or wire service, or from any employee of such station, wire service or publication, the evidence shall be secured only through a subpoena duces tecum unless: (a) There is probable cause to believe that the person or persons in possession of the evidence may be involved in the crime under investigation; or (b) there is probable cause to believe that the evidence sought to be seized will be destroyed or hidden if subpoena duces tecum procedures are followed. As used in this subsection, "person or persons" includes both natural and judicial persons.
(4) To search for and seize any instrument, apparatus or device used to obtain telephone or telegraph service in violation of RCW 9.26A.110 or 9.26A.115.
[ 2003 c 53 s 94; 1980 c 52 s 1; 1972 ex.s. c 75 s 2; 1969 c 83 s 1; 1949 c 86 s 1; Code 1881 s 986; 1873 p 216 s 154; 1854 p 101 s 2; Rem. Supp. 1949 s 2238. Formerly RCW 10.79.010, part. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
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 concealed, which place and property, or things to be searched for shall be designated and described in the warrant, and to bring such stolen property or other things, when found, and the person in whose possession the same shall be found, before the magistrate who shall issue the warrant, or before some other magistrate or court having cognizance of the case.
[ 2010 c 8 s 1061; Code 1881 s 969; 1873 p 216 s 155; 1854 p 101 s 3; RRS s 2239. ]
(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 otherwise criminally possessed; (c) weapons or other things by means of which a crime has been committed or reasonably appears about to be committed; or (d) person for whose arrest there is probable cause or who is unlawfully restrained.
(2) The application may be provided or transmitted to the magistrate by telephone, email, or any other reliable method.
(3) If the magistrate finds that probable cause for the issuance of a warrant exists, the magistrate must issue a warrant or direct an individual whom the magistrate authorizes to affix the magistrate's signature to a warrant identifying the property or person and naming or describing the person, place, or thing to be searched. The magistrate may communicate permission to affix the magistrate's signature to the warrant by telephone, email, or any other reliable method.
(4) The evidence in support of the finding of probable cause and a record of the magistrate's permission to affix the magistrate's signature to the warrant shall be preserved and shall be filed with the issuing court as required by CrRLJ 2.3 or CrR 2.3.
[ 2014 c 93 s 3. ]
NOTES:
Finding—Intent—2014 c 93: See note following RCW 2.20.030.
(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 the provisions of this section is guilty of a gross misdemeanor.
[ 2010 c 8 s 1062; 2003 c 53 s 95; 1921 c 71 s 1; RRS s 2240-1. FORMER PART OF SECTION: 1921 c 71 s 2; RRS s 2240-2, now codified as RCW 10.79.045. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
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 any person charged as principal or accessory in any robbery or larceny, to secure the property alleged to have been stolen, and he or she shall be answerable for the same, and shall annex a schedule thereof to his or her return of the warrant.
[ 2010 c 8 s 1063; Code 1881 s 851; 1873 p 192 s 57; 1854 p 84 s 51; RRS s 2129. ]
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 persons booked into holding, detention, or local correctional facilities to those situations where such searches are necessary.
[ 1983 1st ex.s. c 42 s 1. ]
NOTES:
Effective date—1983 1st ex.s. c 42: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1983." [ 1983 1st ex.s. c 42 s 10.]
Severability—1983 1st ex.s. c 42: "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." [ 1983 1st ex.s. c 42 s 9.]
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, anus, or undergarments of the person or breasts of a female person.
(2) "Body cavity search" means the touching or probing of a person's body cavity, whether or not there is actual penetration of the body cavity.
(3) "Body cavity" means the stomach or rectum of a person and the vagina of a female person.
(4) "Law enforcement agency" and "law enforcement officer" include local departments of corrections created pursuant to *RCW 70.48.090(3) and employees thereof.
[ 1983 1st ex.s. c 42 s 2. ]
NOTES:
*Reviser's note: RCW 70.48.090 was amended by 2007 c 13 s 1, changing subsection (3) to subsection (4).
Effective date—Severability—1983 1st ex.s. c 42: See notes following RCW 10.79.060.
(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 specific authorization for the body cavity search from the ranking shift supervisor of the law enforcement authority. Authorization for the body cavity search may be obtained electronically.
(3) Before any body cavity search is authorized or conducted, a thorough pat-down search, a thorough electronic metal-detector search, and a thorough clothing search, where appropriate, must be used to search for and seize any evidence of a crime, contraband, fruits of crime, things otherwise criminally possessed, weapons, or other things by means of which a crime has been committed or reasonably appears about to be committed. No body cavity search shall be authorized or conducted unless these other methods do not satisfy the safety, security, or evidentiary concerns of the law enforcement agency.
(4) A law enforcement officer requesting a body cavity search shall prepare and sign a report regarding the body cavity search. The report shall include:
(a) A copy of the written authorization required under subsection (2) of this section;
(b) A copy of the warrant and any supporting documents required under subsection (1) of this section;
(c) The name and sex of all persons conducting or observing the search;
(d) The time, date, place, and description of the search; and
(e) A statement of the results of the search and a list of any items removed from the person as a result of the search.
The report shall be retained as part of the law enforcement agency's records.
[ 2020 c 57 s 25; 1983 1st ex.s. c 42 s 3. ]
NOTES:
Effective date—Severability—1983 1st ex.s. c 42: See notes following RCW 10.79.060.
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 notes following RCW 10.79.060.
(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 conducted by a physician, registered nurse, or physician assistant, licensed to practice in this state, who is trained in the proper medical process and the potential health problems associated with a body cavity search. No health professional authorized by this subsection to conduct a body cavity search shall be held liable in any civil action if the search is conducted in a manner that meets the standards and requirements of RCW 4.24.290 and 7.70.040.
(3) Except as provided in subsection (7) of this section, a strip search or body cavity search, as well as presearch undressing or postsearch dressing, shall occur at a location made private from the observation of persons not physically conducting the search.
(4) Except as provided in subsection (5) of this section, no person may be present or observe during the search unless the person is necessary to conduct the search or to ensure the safety of those persons conducting the search.
(5) Nothing in this section prohibits a person upon whom a body cavity search is to be performed from having a readily available person of his or her choosing present at the time the search is conducted. However, the person chosen shall not be a person being held in custody by a law enforcement agency.
(6) RCW 10.79.080 and this section shall not be interpreted as expanding or diminishing the authority of a law enforcement officer with respect to searches incident to arrest or investigatory stop in public.
(7) A strip search of a person housed in a holding, detention, or local correctional facility to search for and seize a weapon may be conducted at other than a private location if there arises a specific threat to institutional security that reasonably requires such a search or if all persons in the facility are being searched for the discovery of weapons or contraband.
(8) Except as otherwise provided in this section, in accordance with RCW 70.48.506, a strip search shall be performed or observed only by persons of the same gender as the person being searched. In the event of a strip search of a transgender, gender nonconforming, or intersex individual, the individual shall be offered the option of:
(a) Choosing the gender of the person who will conduct the search;
(b) Having the search be conducted by a medical professional;
(c) Having the search be conducted by a female staff; or
(d) Having the search be conducted in accordance with the individual's stated gender identity.
(9) Strip searches may be conducted by an individual of a different gender only when exigent circumstances exist requiring immediate action to respond to a threat to the security or institutional order of a facility.
[ 2026 c 17 s 2; 1983 1st ex.s. c 42 s 5. ]
NOTES:
Effective date—Severability—1983 1st ex.s. c 42: See notes following RCW 10.79.060.
(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 relief as it deems necessary.
(2) RCW 10.79.080, 10.79.090, 10.79.100, and 10.79.130 through 10.79.170 shall not be construed as limiting any constitutional, common law, or statutory right of any person regarding any action for damages or injunctive relief, or as precluding the prosecution under another provision of law of any law enforcement officer or other person who has violated RCW 10.79.080, 10.79.090, 10.79.100, or 10.79.130 through 10.79.170.
[ 1986 c 88 s 7; 1983 1st ex.s. c 42 s 6. ]
NOTES:
Effective date—Severability—1983 1st ex.s. c 42: See notes following RCW 10.79.060.
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 was arrested or otherwise taken into custody unless the court issuing the warrant has determined that the person shall not be released on personal recognizance, bail, or bond. RCW 10.79.130 through 10.79.160 do not apply to a person held for postconviction incarceration for a criminal offense. The definitions and remedies provided by RCW 10.79.070 and 10.79.110 apply to RCW 10.79.130 through 10.79.160.
[ 1986 c 88 s 1. ]
(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 the body of the person to be searched, that constitutes a threat to the security of a holding, detention, or local correctional facility;
(b) There is probable cause to believe that a strip search is necessary to discover other criminal evidence concealed on the body of the person to be searched, but not constituting a threat to facility security; or
(c) There is a reasonable suspicion to believe that a strip search is necessary to discover a health condition requiring immediate medical attention.
(2) For the purposes of subsection (1) of this section, a reasonable suspicion is deemed to be present when the person to be searched has been arrested for:
(a) A violent offense as defined in RCW 9.94A.030 or any successor statute;
(b) An offense involving escape, burglary, or the use of a deadly weapon; or
(c) An offense involving possession of a drug or controlled substance under chapter 69.41, 69.50, or 69.52 RCW or any successor statute.
[ 1986 c 88 s 2. ]
(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 probable cause as provided in this section.
(2) With the exception of those situations in which reasonable suspicion is deemed to be present under RCW 10.79.130(2), no strip search may be conducted without the specific prior written approval of the jail unit supervisor on duty. Before any strip search is conducted, reasonable efforts must be made to use other less-intrusive means, such as pat-down, electronic metal detector, or clothing searches, to determine whether a weapon, criminal evidence, contraband, or other thing is concealed on the body, or whether a health condition requiring immediate medical attention is present. The determination of whether reasonable suspicion or probable cause exists to conduct a strip search shall be made only after such less-intrusive means have been used and shall be based on a consideration of all information and circumstances known to the officer authorizing the strip search, including but not limited to the following factors:
(a) The nature of the offense for which the person to be searched was arrested;
(b) The prior criminal record of the person to be searched; and
(c) Physically violent behavior of the person to be searched, during or after the arrest.
[ 1986 c 88 s 3. ]
(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 strip search;
(b) The specific facts constituting reasonable suspicion to believe that the strip search was necessary;
(c) The name and serial number of the officer conducting the strip search and of all other persons present or observing during any part of the strip search;
(d) The time, date, and place of the strip search; and
(e) Any weapons, criminal evidence, contraband, or other thing, or health condition discovered as a result of the strip search.
(3) With respect to any strip search conducted under RCW 10.79.130(2), the record shall contain, in addition to the offense or offenses for which the person searched was arrested, the information required by subsection (2)(c), (d), and (e) of this section.
(4) The record may be included or incorporated in existing forms used by the facility, including the booking form required under the Washington Administrative Code. A notation of the name of the person strip searched shall also be entered in the log of daily activities or other chronological record, if any, maintained pursuant to the Washington Administrative Code.
(5) Except at the request of the person to be searched, no person may be present or observe during the strip search unless necessary to conduct the search.
[ 1986 c 88 s 4. ]
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 for the delay caused by having to seek a search warrant under RCW 10.79.080 or 10.79.130 through 10.79.160.
[ 1986 c 88 s 6. ]
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: RCW 10.64.080.
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, acknowledging themselves to be bail for such fine and costs.
[ Code 1881 s 1123; 1873 p 242 s 281; 1854 p 124 s 145; RRS s 2204. FORMER PART OF SECTION: Code 1881 s 1124; 1873 p 243 s 282; 1854 p 124 s 146; RRS s 2205, now codified as RCW 10.82.025. ]
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 joint execution shall issue against the defendant and the bail, and an execution against the body of the defendant, who shall be committed to jail, to be released as provided in *this act, in committal for default to pay or secure the fine and costs.
[ Code 1881 s 1124; 1873 p 243 s 282; 1854 p 124 s 146; RRS s 2205. Formerly RCW 10.82.020, part. ]
NOTES:
*Reviser's note: The term "this act" apparently refers to "An act to regulate the practice and pleadings in prosecutions for crimes" first enacted by Laws of 1854, page 100.
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 defendant in the county jail until the amount of such fine and costs owing are paid. Execution may at any time issue against the property of the defendant for that portion of such fine and costs not reduced by the application of this section. The amount of such fine and costs owing shall be the whole of such fine and costs reduced by the amount of any portion thereof paid, and an amount established by the county legislative authority for every day the defendant performs labor as provided in RCW 10.82.040, and a lesser amount established by the county legislative authority for every day the defendant does not perform such labor while imprisoned.
[ 2010 c 8 s 1064; 1991 c 183 s 1; 1983 c 276 s 2; 1967 c 200 s 4; 1891 c 28 s 84; 1883 p 38 s 1, part; Code 1881 s 1125; 1873 p 243 s 283; 1854 p 124 s 147; RRS s 2206. Formerly RCW 10.82.030 and 10.82.050. ]
NOTES:
Severability—1967 c 200: See note following RCW 9.45.122.
Commitment until fines and costs are paid: RCW 10.70.010.
Fine and costs, liability of defendant, collection procedure, contempt, commitment, execution: RCW 10.01.160 through 10.01.180.
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 the fine and costs.
[ 2010 c 8 s 1065; 1967 c 200 s 5; 1883 p 38 s 1, part; Code 1881 s 1129; 1877 p 206 s 8; 1873 p 243 s 287; 1854 p 124 s 151; RRS s 2209, part. ]
NOTES:
Severability—1967 c 200: See note following RCW 9.45.122.
(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 cash by the person collecting the same, within twenty days after the collection, to the county treasurer of the county in which the same have accrued.
(2) Except as provided in RCW 9A.88.120 and 10.99.080, the county treasurer shall remit monthly thirty-two percent of the money received under this section except for certain costs to the state treasurer for deposit in the state general fund and shall deposit the remainder as provided by law. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel. Costs or assessments awarded to dedicated accounts, state or local, are not subject to this state allocation or to RCW 7.68.035.
(3) All fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended. All fees, fines, forfeitures, and penalties collected or assessed by a superior court in cases on appeal from a lower court shall be remitted to the municipal or district court from which the cases were appealed.
[ 2012 c 136 s 6; 2012 c 134 s 8; 2009 c 479 s 13; 2004 c 15 s 6; 1995 c 292 s 3; 1988 c 169 s 5; 1987 c 202 s 169; 1985 c 389 s 7; 1984 c 258 s 313; 1969 ex.s. c 199 s 11; 1967 c 122 s 1; 1965 c 158 s 16; 1919 c 30 s 1; 1909 p 323 s 9; 1897 c 118 s 113; 1895 c 68 s 1; 1890 p 383 s 89; 1886 p 20 s 58; Code 1881 s 3211; 1873 p 421 s 3; RRS s 4940. Formerly codified as RCW 9.01.140. ]
NOTES:
Effective date—2009 c 479: See note following RCW 2.56.030.
Intent—2004 c 15: See note following RCW 10.99.080.
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—1985 c 389: See note following RCW 27.24.070.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
(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 overpayment from subsequent assistance payments as provided in RCW 43.20B.630, when the person is receiving public assistance; or
(b) Ordered restitution payments may be made at the direction of the court to the clerk of the appropriate county or directly to the department of social and health services when the person is not receiving public assistance.
(2) However, if payments are received by the county clerk, each payment shall be transmitted to the department of social and health services within forty-five days after receipt by the county.
[ 1987 c 75 s 2; 1985 c 245 s 2; 1982 c 201 s 1. ]
NOTES:
Savings—1987 c 75: See RCW 43.20B.900.
(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 interest shall accrue on nonrestitution legal financial obligations. All nonrestitution interest retained by the court shall be split 25 percent to the state treasurer for deposit in the state general fund, 25 percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, 25 percent to the county current expense fund, and 25 percent to the county current expense fund to fund local courts.
(2) The court may elect not to impose interest on any restitution the court orders. Before determining not to impose interest on restitution, the court shall inquire into and consider the following factors: (a) Whether the offender is indigent as defined in RCW 10.01.160(3) or general rule 34; (b) the offender's available funds, as defined in RCW 10.101.010(2), and other liabilities including child support and other legal financial obligations; (c) whether the offender is homeless; and (d) whether the offender is mentally ill, as defined in RCW 71.24.025. The court shall also consider the victim's input, if any, as it relates to any financial hardship caused to the victim if interest is not imposed. The court may also consider any other information that the court believes, in the interest of justice, relates to not imposing interest on restitution. After consideration of these factors, the court may waive the imposition of restitution interest.
(3) The court may, on motion by the offender, reduce or waive the interest on legal financial obligations levied as a result of a criminal conviction as follows:
(a) The court shall waive all interest on the portions of the legal financial obligations that are not restitution that accrued prior to June 7, 2018;
(b) The court may waive or reduce interest on the restitution portion of the legal financial obligations only if the principal has been paid in full, except as provided in (c) of this subsection. The court may grant the motion, establish a payment schedule, and retain jurisdiction over the offender for purposes of reviewing and revising the reduction or waiver of interest;
(c) The court may, following the offender's release from total confinement, waive or reduce interest on restitution that accrued during the offender's period of incarceration if the court finds that the offender does not have the current or likely future ability to pay. A person does not have the current ability to pay if the person is indigent as defined in RCW 10.01.160(3). The prosecuting attorney shall make reasonable efforts to notify the victim entitled to restitution of the date and place of the hearing. The court shall also consider the victim's input, if any, as it relates to any financial hardship caused to the victim if interest is reduced or waived.
(4) This section only applies to adult offenders.
[ 2023 c 449 s 13; 2022 c 260 s 12; 2018 c 269 s 1; 2015 c 265 s 23; 2011 c 106 s 2; 2009 c 479 s 14; 2004 c 121 s 1; 1995 c 291 s 7; 1989 c 276 s 3. ]
NOTES:
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: "Nothing in this act requires the courts to refund or reimburse amounts previously paid towards legal financial obligations or interest on legal financial obligations." [ 2018 c 269 s 20.]
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Finding—2011 c 106: "(1) The legislature finds that it is in the interest of the public to promote the reintegration into society of individuals convicted of crimes. Research indicates that legal financial obligations may constitute a significant barrier to successful reintegration. The legislature further recognizes that the accrual of interest on nonrestitution debt during the term of incarceration results in many individuals leaving prison with insurmountable debt. These circumstances make it less likely that restitution will be paid in full and more likely that former offenders and their families will remain in poverty. In order to foster reintegration, this act creates a mechanism for courts to eliminate interest accrued on nonrestitution debt during incarceration and improves incentives for payment of legal financial obligations.
(2) At the same time, the legislature believes that payment of legal financial obligations is an important part of taking personal responsibility for one's actions. The legislature therefore, supports the efforts of county clerks in taking collection action against those who do not make a good faith effort to pay." [ 2011 c 106 s 1.]
Effective date—2009 c 479: See note following RCW 2.56.030.
Severability—1989 c 276: See note following RCW 9.95.062.
The legislative authority of any county in the state, a port commission, or the governing body of a city or town, when in its opinion the public good requires it, is hereby authorized to offer and pay a suitable reward to any person or persons for information leading to:
(a) The arrest of a specified person or persons convicted of or charged with any criminal offense; or
(b) The arrest and conviction of a person or persons committing a specified criminal offense.
In the event of crimes against county, port district, city, or town property, including but not limited to road signs, vehicles, buildings, or any other type of county, port district, city, or town property, the legislative authority of any county, a port commission, or the governing body of a city or town may offer and pay a suitable reward to any person or persons who shall furnish information leading to the arrest and conviction of any person of any offense against this county, port district, city, or town property, including but not limited to those offenses set forth in RCW 9A.48.070 through 9A.48.090, whether or not the offense is a felony, gross misdemeanor, or misdemeanor.
[ 1986 c 185 s 1; 1981 c 211 s 1; 1979 ex.s. c 53 s 1; 1975-'76 2nd ex.s. c 25 s 1; 1886 p 124 s 1; RRS s 2249. ]
When more than one claimant applies for the payment of any reward, offered by any county legislative authority, board of commissioners of a port district, or city or town governing body, the county legislative authority, board of commissioners of a port district, or city or town governing body shall determine to whom the same shall be paid, and if to more than one person, in what proportion to each; and their determination shall be final and conclusive.
[ 1986 c 185 s 2; 1979 ex.s. c 53 s 2; 1886 p 124 s 3; RRS s 2251. ]
Whenever any reward has been offered by any county legislative authority, board of commissioners of a port district, or city or town governing body in the state under RCW 10.85.030, the person or persons providing the information shall be entitled to the reward, and the county legislative authority, board of commissioners of a port district, or city or town governing body which has offered the reward is authorized to draw a warrant or warrants out of any money in the county, port district, or city or town treasury, as appropriate, not otherwise appropriated.
[ 1986 c 185 s 3; 1979 ex.s. c 53 s 3; 1886 p 124 s 2; RRS s 2250. ]
Where appearing in this chapter, the term "governor" includes any person performing the functions of governor by authority of the law of this state. The term "executive authority" includes the governor, and any person performing the functions of governor in a state other than this state, and the term "state" referring to a state other than this state refers to any other state, or the District of Columbia, or territory organized or unorganized of the United States of America.
[ 1971 ex.s. c 46 s 1. ]
NOTES:
Reviser's note: Throughout this chapter, the phrase "this act" has been changed to "this chapter." This act [1971 ex.s. c 46] consists of this chapter, the 1971 amendment of RCW 26.21.050, and the repeal of RCW 10.88.010 through 10.88.060.
Subject to the provisions of this chapter, the provisions of the Constitution of the United States controlling, and any and all acts of congress enacted in pursuance thereof, the governor of this state may in his or her discretion have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.
[ 2010 c 8 s 1066; 1971 ex.s. c 46 s 2. ]
No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under RCW 10.88.250, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he or she fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his or her bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction, or sentence must be certified or authenticated by the executive authority making the demand.
[ 2010 c 8 s 1067; 1971 ex.s. c 46 s 3. ]
When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him or her the situation and circumstances of the person so demanded, and whether he or she ought to be surrendered.
[ 2010 c 8 s 1068; 1971 ex.s. c 46 s 4. ]
When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him or her in another state, the governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his or her term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.
The governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in RCW 10.88.410 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
[ 2010 c 8 s 1069; 1971 ex.s. c 46 s 5. ]
(1) Except as provided in subsection (2) of this section, the governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in RCW 10.88.220 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
(2) The governor of this state shall not surrender any person described in subsection (1) of this section where the charge against the person is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington.
[ 2023 c 193 s 8; 1971 ex.s. c 46 s 6. ]
NOTES:
Effective date—2023 c 193: See note following RCW 7.115.020.
If the governor decides that the demand should be complied with, he or she shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he or she may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
[ 2010 c 8 s 1070; 1971 ex.s. c 46 s 7. ]
Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he or she may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this chapter to the duly authorized agent of the demanding state.
[ 2010 c 8 s 1071; 1971 ex.s. c 46 s 8. ]
Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
[ 1971 ex.s. c 46 s 9. ]
No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him or her shall have appointed to receive him or her unless he or she shall first be taken forthwith before a judge of a court of record in this state, who shall inform him or her of the demand made for his or her surrender and of the crime with which he or she is charged, and that he or she has the right to demand and procure legal counsel; and if the prisoner or his or her counsel shall state that he or she or they desire to test the legality of his or her arrest, the judge of such court of record shall fix a reasonable time to be allowed him or her within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state: PROVIDED, That the hearing provided for in this section shall not be available except as may be constitutionally required if a hearing on the legality of arrest has been held pursuant to RCW 10.88.320 or 10.88.330.
[ 2010 c 8 s 1072; 1971 ex.s. c 46 s 10. ]
Any officer who shall deliver to the agent for extradition of the demanding state a person in his or her custody under the governor's warrant, in wilful [willful] disobedience to RCW 10.88.290, shall be guilty of a gross misdemeanor and, on conviction, shall be imprisoned in the county jail for up to three hundred sixty-four days, or be fined not more than one thousand dollars, or both.
[ 2011 c 96 s 14; 2010 c 8 s 1073; 1971 ex.s. c 46 s 11. ]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
The officer or persons executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which he or she may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him or her is ready to proceed on his or her route, such officer or person being chargeable with the expense of keeping.
The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which he or she may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of him or her is ready to proceed on his or her route, such officer or agent, however, being chargeable with the expense of keeping: PROVIDED, HOWEVER, That such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he or she is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state.
[ 2010 c 8 s 1074; 1971 ex.s. c 46 s 12. ]
(1) Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state and, except in cases arising under RCW 10.88.250, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of such person's bail, probation, or parole, or whenever complaint shall have been made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under RCW 10.88.250, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of such person's bail, probation, or parole and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding such officer to apprehend the person named therein, wherever such person may be found in this state, and to bring such person before the same or any other judge, magistrate or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
(2) Any person making such charge or complaint and affidavit under this section with information that the charge for the commission of the crime in another state is related to criminal liability that is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington has an affirmative duty to disclose to the judge or magistrate that the charge for the commission of the crime in another state is related to criminal liability that is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington and shall provide an attestation stating whether such charge or complaint relates to criminal liability that is based on such protected health care services. Any false attestation submitted under this subsection is subject to a statutory penalty of $10,000 per violation. Submission of such attestation subjects the attester to the jurisdiction of the courts of Washington state for any suit, penalty, or damages arising out of a false attestation under this section.
(3) Except in cases arising under RCW 10.88.220, the issuance of a warrant is prohibited for a charge or complaint that is related to criminal liability that is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington.
[ 2023 c 193 s 9; 2010 c 8 s 1075; 1971 ex.s. c 46 s 13. ]
NOTES:
Effective date—2023 c 193: See note following RCW 7.115.020.
(1) The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him or her under oath setting forth the ground for the arrest as in RCW 10.88.320; and thereafter his or her answer shall be heard as if he or she had been arrested on a warrant.
(2) An officer of the United States customs service or the immigration and naturalization service may, without a warrant, arrest a person if:
(a) The officer is on duty;
(b) One or more of the following situations exists:
(i) The person commits an assault or other crime involving physical harm, defined and punishable under chapter 9A.36 RCW, against the officer or against any other person in the presence of the officer;
(ii) The person commits an assault or related crime while armed, defined and punishable under chapter 9.41 RCW, against the officer or against any other person in the presence of the officer;
(iii) The officer has reasonable cause to believe that a crime as defined in (b)(i) or (ii) of this subsection has been committed and reasonable cause to believe that the person to be arrested has committed it;
(iv) The officer has reasonable cause to believe that a felony has been committed and reasonable cause to believe that the person to be arrested has committed it; or
(v) The officer has received positive information by written, telegraphic, teletypic, telephonic, radio, or other authoritative source that a peace officer holds a warrant for the person's arrest; and
(c) The regional commissioner of customs certifies to the state of Washington that the customs officer has received proper training within the agency to enable that officer to enforce or administer this subsection.
(3) The arrest of a person is prohibited if the arrest is related to criminal liability that is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington.
[ 2023 c 193 s 10; 2010 c 8 s 1076; 1979 ex.s. c 244 s 16; 1971 ex.s. c 46 s 14. ]
NOTES:
Effective date—2023 c 193: See note following RCW 7.115.020.
Effective date—1979 ex.s. c 244: See RCW 9A.44.902.
If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under RCW 10.88.250, that he or she has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him or her to the county jail for such a time not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in RCW 10.88.350, or until he or she shall be legally discharged.
[ 2010 c 8 s 1077; 1971 ex.s. c 46 s 15. ]
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he or she deems proper, conditioned for his or her appearance before him or her at a time specified in such a bond, and for his or her surrender, to be arrested upon the warrant of the governor of this state.
[ 2010 c 8 s 1078; 1971 ex.s. c 46 s 16. ]
If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or her or may recommit him or her for a further period not to exceed sixty days, or a judge or magistrate judge may again take bail for his or her appearance and surrender, as provided in RCW 10.88.350, but within a period not to exceed sixty days after the date of such new bond: PROVIDED, That the governor may, except in cases in which the offense is punishable under laws of the demanding state by death or life imprisonment, deny a demand for extradition when such demand is not received by the governor before the expiration of one hundred twenty days from the date of arrest in this state of the alleged fugitive, in the absence of a showing of good cause for such delay.
[ 2010 c 8 s 1079; 1971 ex.s. c 46 s 17. ]
If the prisoner is admitted to bail, and fails to appear and surrender himself or herself according to the conditions of his or her bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order his or her immediate arrest without warrant if he or she be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.
[ 2010 c 8 s 1080; 1971 ex.s. c 46 s 18. ]
If a criminal prosecution has been instituted against such person under the laws of this state and is still pending the governor, in his or her discretion, either may surrender him or her on demand of the executive authority of another state or hold him or her until he or she has been tried and discharged or convicted and punished in this state.
[ 2010 c 8 s 1081; 1971 ex.s. c 46 s 19. ]
The governor may recall his or her warrant of arrest or may issue another warrant whenever he or she deems proper.
[ 2010 c 8 s 1082; 1971 ex.s. c 46 s 20. ]
Whenever the governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of his or her bail, probation, or parole in this state, from the executive authority of any other state, or from the appropriate authority of the District of Columbia authorized to receive such demand under the laws of the United States, he or she shall issue a warrant under the seal of this state, to some agent, commanding him or her to receive the person so charged if delivered to him or her and convey him or her to the proper officer of the county in this state in which the offense was committed.
[ 2010 c 8 s 1083; 1971 ex.s. c 46 s 21. ]
(1) When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the governor his or her written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him or her, the approximate time, place, and circumstances of its commission, the state in which he or she is believed to be, including the location of the accused therein at the time the application is made and certifying that, in the opinion of the said prosecuting attorney the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
(2) When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his or her bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the parole board, or the warden of the institution or sheriff of the county, from which escape was made, shall present to the governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he or she was convicted, the circumstances of his or her escape from confinement or of the breach of the terms of his or her bail, probation, or parole, the state in which he or she is believed to be, including the location of the person therein at the time application is made.
(3) The application shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole board, warden, or sheriff may also attach such further affidavits and other documents in duplicate as he or she shall deem proper to be submitted with such application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information, and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the secretary of state to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.
[ 2010 c 8 s 1084; 1971 ex.s. c 46 s 22. ]
A law enforcement agency shall deliver a person in custody to the accredited agent or agents of a demanding state without the governor's warrant provided that:
(1) Such person is alleged to have broken the terms of his or her probation, parole, bail, or any other release of the demanding state; and
(2) The law enforcement agency has received from the demanding state an authenticated copy of a prior waiver of extradition signed by such person as a term of his or her probation, parole, bail, or any other release of the demanding state and photographs or fingerprints or other evidence properly identifying the person as the person who signed the waiver.
[ 2001 c 264 s 6. ]
NOTES:
Effective date—2001 c 264: See note following RCW 9A.76.110.
A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he or she is being or has been returned, until he or she has been finally convicted in the criminal proceeding, or, if acquitted, until he or she has had reasonable opportunity to return to the state from which he or she was extradited.
[ 2010 c 8 s 1085; 1971 ex.s. c 46 s 23. ]
Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his or her bail, probation, or parole may waive the issuance and service of the warrant provided for in RCW 10.88.260 and 10.88.270 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he or she consents to return to the demanding state: PROVIDED, HOWEVER, That before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of his or her rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in RCW 10.88.290.
If and when such consent has been duly executed it shall forthwith be forwarded to the office of the governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent: PROVIDED, HOWEVER, That nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.
[ 2010 c 8 s 1086; 1971 ex.s. c 46 s 24. ]
Nothing in this chapter contained shall be deemed to constitute a waiver by this state of its right, power or privilege to try such demanded person for crime committed within this state, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this state, nor shall any proceedings had under this chapter which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges or jurisdiction in any way whatsoever.
[ 1971 ex.s. c 46 s 25. ]
After a person has been brought back to this state by, or after waiver of extradition proceedings, he or she may be tried in this state for other crimes which he or she may be charged with having committed here as well as that specified in the requisition for his or her extradition.
[ 2010 c 8 s 1087; 1971 ex.s. c 46 s 26. ]
See chapter 26.21A RCW.
The provisions of this chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it, to the extent which it has been enacted by this state.
[ 1971 ex.s. c 46 s 27. ]
RCW 10.88.200 through 10.88.450 shall be known and may be cited as the Uniform Criminal Extradition Act.
[ 1971 ex.s. c 46 s 28. ]
This act shall become effective on July 1, 1971.
[ 1971 ex.s. c 46 s 29. ]
Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that he or she is believed to have committed a felony in such other state or a violation of the laws of such other state relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while impaired, or reckless driving shall have the same authority to arrest and hold such person in custody as has any member of any duly organized state, county or municipal peace unit of this state, to arrest and hold in custody a person on the ground that he or she is believed to have committed a felony or a violation of the laws of such other state relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while impaired, or reckless driving in this state.
[ 1998 c 205 s 1; 1943 c 261 s 1; Rem. Supp. 1943 s 2252-1. Formerly RCW 10.88.070. ]
If an arrest is made in this state by an officer of another state in accordance with the provisions of RCW 10.89.010, he or she shall, without unnecessary delay, take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, he or she shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state. If the magistrate determines that the arrest was unlawful, he or she shall discharge the person arrested.
[ 2010 c 8 s 1088; 1943 c 261 s 2; Rem. Supp. 1943 s 2252-2. Formerly RCW 10.88.080. ]
RCW 10.89.010 shall not be construed so as to make unlawful any arrest in this state which otherwise would be lawful.
[ 1943 c 261 s 3; Rem. Supp. 1943 s 2252-3. Formerly RCW 10.88.100. ]
For the purpose of this chapter the word "state" shall include the District of Columbia.
[ 1943 c 261 s 4; Rem. Supp. 1943 s 2252-4. Formerly RCW 10.88.110. ]
The term "fresh pursuit" as used in this chapter, shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who reasonably is suspected of having committed a felony or a violation of such other state relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while impaired, or reckless driving. It shall also include the pursuit of a person suspected of having committed a supposed felony, or a supposed violation of the laws relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while impaired, or reckless driving, though no felony or violation of the laws relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while impaired, or reckless driving actually has been committed, if there is reasonable ground for believing that a felony or a violation of the laws relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while impaired, or reckless driving has been committed. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
[ 1998 c 205 s 2; 1943 c 261 s 5; Rem. Supp. 1943 s 2252-5. Formerly RCW 10.88.090. ]
Upon the passage and approval by the governor of this chapter, it shall be the duty of the secretary of state, or other officer, to certify a copy of this chapter to the executive department of each of the states of the United States.
[ 1943 c 261 s 6; Rem. Supp. 1943 s 2252-6. ]
This chapter may be cited as the "Uniform Act on Fresh Pursuit."
[ 1943 c 261 s 8; Rem. Supp. 1943 s 2252-8. ]
(1) If a person who has been charged with crime in another state and released from custody prior to final judgment, including the final disposition of any appeal, is alleged to have violated the terms and conditions of his or her release, and is present in this state, a designated agent of the court, judge, or magistrate which authorized the release may request the issuance of a warrant for the arrest of the person and an order authorizing his or her return to the demanding court, judge, or magistrate. Before the warrant is issued, the designated agent must file with a judicial officer of this state the following documents:
(a) An affidavit stating the name and whereabouts of the person whose removal is sought, the crime with which the person was charged, the time and place of the crime charged, and the status of the proceedings against him or her;
(b) A certified copy of the order or other document specifying the terms and conditions under which the person was released from custody; and
(c) A certified copy of an order of the demanding court, judge, or magistrate stating the manner in which the terms and the conditions of the release have been violated and designating the affiant its agent for seeking removal of the person.
(2) Upon initially determining that the affiant is a designated agent of the demanding court, judge, or magistrate, and that there is a probable cause for believing that the person whose removal is sought has violated the terms or conditions of his or her release, the judicial officer shall issue a warrant to a law enforcement officer of this state for the person's arrest.
(3) The judicial officer shall notify the prosecuting attorney of his or her action and shall direct him or her to investigate the case to ascertain the validity of the affidavits and documents required by subsection (1) of this section and the identity and authority of the affiant.
[ 2010 c 8 s 1089; 1971 ex.s. c 17 s 2. ]
(1) The person whose removal is sought shall be brought before the judicial officer without unnecessary delay upon arrest pursuant to the warrant; whereupon the judicial officer shall set a time and place for hearing, and shall advise the person of his or her right to have the assistance of counsel, to confront the witnesses against him or her, and to produce evidence in his or her own behalf at the hearing.
(2) The person whose removal is sought may at this time in writing waive the hearing and agree to be returned to the demanding court, judge, or magistrate. If a waiver is executed, the judicial officer shall issue an order pursuant to RCW 10.91.030.
(3) The judicial officer may impose conditions of release authorized by the laws of this state which will reasonably assure the appearance at the hearing of the person whose removal is sought.
[ 2010 c 8 s 1090; 1971 ex.s. c 17 s 3. ]
The prosecuting attorney shall appear at the hearing and report to the judicial officer the results of his or her investigation. If the judicial officer finds that the affiant is a designated agent of the demanding court, judge, or magistrate and that the person whose removal is sought was released from custody by the demanding court, judge, or magistrate, and that the person has violated the terms or conditions of his or her release, the judicial officer shall issue an order authorizing the return of the person to the custody of the demanding court, judge, or magistrate forthwith.
[ 2010 c 8 s 1091; 1971 ex.s. c 17 s 4. ]
For the purpose of this chapter "judicial officer of this state" and "judicial officer" mean a judge of the superior or district court.
[ 1987 c 202 s 170; 1971 ex.s. c 17 s 5. ]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
The costs of the procedures required by this chapter shall be borne by the demanding state, except when the designated agent is not a public official. In any case when the designated agent is not a public official, he or she shall bear the cost of such procedures.
[ 2010 c 8 s 1092; 1971 ex.s. c 17 s 9. ]
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
[ 1971 ex.s. c 17 s 7. ]
This chapter may be cited as the "Uniform Rendition of Accused Persons Act."
[ 1971 ex.s. c 17 s 8. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "General authority Washington peace officer" means an officer authorized to enforce the criminal and traffic laws of the state of Washington generally.
(2) "Tribal police officer" means any person in the employ of one of the federally recognized sovereign tribal governments, whose traditional lands and territories lie within the borders of the state of Washington, to enforce the criminal laws of that government.
[ 2008 c 224 s 1. ]
NOTES:
Effective date—2008 c 224: "This act takes effect July 1, 2008." [ 2008 c 224 s 4.]
(1) Tribal police officers under subsection (2) of this section shall be recognized and authorized to act as general authority Washington peace officers. A tribal police officer recognized and authorized to act as a general authority Washington peace officer under this section has the same powers as any other general authority Washington peace officer to enforce state laws in Washington, including the power to make arrests for violations of state laws.
(2) A tribal police officer may exercise the powers of law enforcement of a general authority Washington peace officer under this section, subject to the following:
(a) The appropriate sovereign tribal nation shall submit to the department of enterprise services proof of public liability and property damage insurance for vehicles operated by the peace officers and police professional liability insurance from a company licensed to sell insurance in the state. For purposes of determining adequacy of insurance liability, the sovereign tribal government must submit with the proof of liability insurance a copy of the interlocal agreement between the sovereign tribal government and the local governments that have shared jurisdiction under this chapter where such an agreement has been reached pursuant to subsection (10) of this section.
(i) Within the thirty days of receipt of the information from the sovereign tribal nation, the department of enterprise services shall either approve or reject the adequacy of insurance, giving consideration to the scope of the interlocal agreement. The adequacy of insurance under this chapter shall be subject to annual review by the department of enterprise services.
(ii) Each policy of insurance issued under this chapter must include a provision that the insurance shall be available to satisfy settlements or judgments arising from the tortious conduct of tribal police officers when acting in the capacity of a general authority Washington peace officer, and that to the extent of policy coverage neither the sovereign tribal nation nor the insurance carrier will raise a defense of sovereign immunity to preclude an action for damages under state or federal law, the determination of fault in a civil action, or the payment of a settlement or judgment arising from the tortious conduct.
(b) The appropriate sovereign tribal nation shall submit to the department of enterprise services proof of training requirements for each tribal police officer. To be authorized as a general authority Washington peace officer, a tribal police officer must successfully complete the requirements set forth under RCW 43.101.157. Any applicant not meeting the requirements for certification as a tribal police officer may not act as a general authority Washington peace officer under this chapter. The criminal justice training commission shall notify the department of enterprise services if:
(i) A tribal police officer authorized under this chapter as a general authority Washington state peace officer has been decertified pursuant to RCW 43.101.157; or
(ii) An appropriate sovereign tribal government is otherwise in noncompliance with RCW 43.101.157.
(3) A copy of any citation or notice of infraction issued, or any incident report taken, by a tribal police officer acting in the capacity of a general authority Washington peace officer as authorized by this chapter must be submitted within three days to the police chief or sheriff within whose jurisdiction the action was taken. Any citation issued under this chapter shall be to a Washington court, except that any citation issued to Indians within the exterior boundaries of an Indian reservation may be cited to a tribal court. Any arrest made or citation issued not in compliance with this chapter is not enforceable.
(4) Any authorization granted under this chapter shall not in any way expand the jurisdiction of any tribal court or other tribal authority.
(5) The authority granted under this chapter shall be coextensive with the exterior boundaries of the reservation, except that an officer commissioned under this section may act as authorized under RCW 10.93.070 beyond the exterior boundaries of the reservation.
(6) For purposes of civil liability under this chapter, a tribal police officer shall not be considered an employee of the state of Washington or any local government except where a state or local government has deputized a tribal police officer as a specially commissioned officer. Neither the state of Washington and its individual employees nor any local government and its individual employees shall be liable for the authorization of tribal police officers under this chapter, nor for the negligence or other misconduct of tribal officers. The authorization of tribal police officers under this chapter shall not be deemed to have been a nondelegable duty of the state of Washington or any local government.
(7) Nothing in this chapter impairs or affects the existing status and sovereignty of those sovereign tribal governments whose traditional lands and territories lie within the borders of the state of Washington as established under the laws of the United States.
(8) Nothing in this chapter limits, impairs, or nullifies the authority of a county sheriff to appoint duly commissioned state or federally certified tribal police officers as deputy sheriffs authorized to enforce the criminal and traffic laws of the state of Washington.
(9) Nothing in this chapter limits, impairs, or otherwise affects the existing authority under state or federal law of state or local law enforcement officers to enforce state law within the exterior boundaries of an Indian reservation or to enter Indian country in fresh pursuit, as defined in RCW 10.93.120, of a person suspected of violating state law, where the officer would otherwise not have jurisdiction.
(10) An interlocal agreement pursuant to chapter 39.34 RCW is required between the sovereign tribal government and all local government law enforcement agencies that will have shared jurisdiction under this chapter prior to authorization taking effect under this chapter. Nothing in this chapter shall limit, impair, or otherwise affect the implementation of an interlocal agreement completed pursuant to chapter 39.34 RCW by July 1, 2008, between a sovereign tribal government and a local government law enforcement agency for cooperative law enforcement.
(a) Sovereign tribal governments that meet all of the requirements of subsection (2) of this section, but do not have an interlocal agreement pursuant to chapter 39.34 RCW and seek authorization under this chapter, may submit proof of liability insurance and training certification to the department of enterprise services. Upon confirmation of receipt of the information from the department of enterprise services, the sovereign tribal government and the local government law enforcement agencies that will have shared jurisdiction under this chapter have one year to enter into an interlocal agreement pursuant to chapter 39.34 RCW. If the sovereign tribal government and the local government law enforcement agencies that will have shared jurisdiction under this chapter are not able to reach agreement after one year, the sovereign tribal governments and the local government law enforcement agencies shall submit to binding arbitration pursuant to chapter 7.04A RCW with the American arbitration association or successor agency for purposes of completing an agreement prior to authorization going into effect.
(b) For the purposes of (a) of this subsection, those sovereign tribal government and local government law enforcement agencies that must enter into binding arbitration shall submit to last best offer arbitration. For purposes of accepting a last best offer, the arbitrator must consider other interlocal agreements between sovereign tribal governments and local law enforcement agencies in Washington state, any model policy developed by the Washington association of sheriffs and police chiefs or successor agency, and national best practices.
[ 2011 1st sp.s. c 43 s 519; 2008 c 224 s 2. ]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—2008 c 224: See note following RCW 10.92.010.
(1) This chapter may be known and cited as the Washington mutual aid peace officer powers act of 1985.
(2) It is the intent of the legislature that current artificial barriers to mutual aid and cooperative enforcement of the laws among general authority local, state, and federal agencies be modified pursuant to this chapter.
(3) This chapter shall be liberally construed to effectuate the intent of the legislature to modify current restrictions upon the limited territorial and enforcement authority of general authority peace officers and to effectuate mutual aid among agencies.
(4) The modification of territorial and enforcement authority of the various categories of peace officers covered by this chapter shall not create a duty to act in extraterritorial situations beyond any duty which may otherwise be imposed by law or which may be imposed by the primary commissioning agency.
[ 1985 c 89 s 1. ]
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Agency with primary territorial jurisdiction" means a city or town police agency which has responsibility for police activity within its boundaries; or a county police or sheriff's department which has responsibility with regard to police activity in the unincorporated areas within the county boundaries; or a statutorily authorized port district police agency or four-year state college or university police agency which has responsibility for police activity within the statutorily authorized enforcement boundaries of the port district, state college, or university.
(2) "Federal peace officer" means any employee or agent of the United States government who has the authority to carry firearms and make warrantless arrests and whose duties involve the enforcement of criminal laws of the United States.
(3) "General authority Washington law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state, and any agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general, as distinguished from a limited authority Washington law enforcement agency, and any other unit of government expressly designated by statute as a general authority Washington law enforcement agency. The Washington state patrol and the department of fish and wildlife are general authority Washington law enforcement agencies.
(4) "General authority Washington peace officer" means any fully compensated and elected, appointed, or employed officer of a general authority Washington law enforcement agency who is commissioned to enforce the criminal laws of the state of Washington generally.
(5) "Limited authority Washington law enforcement agency" means any agency, political subdivision, or unit of local government of this state, and any agency, department, or division of state government, having as one of its functions the apprehension or detection of persons committing infractions or violating the traffic or criminal laws relating to limited subject areas, including, but not limited to, the state departments of natural resources and social and health services, the state gambling commission, the state lottery commission, the state parks and recreation commission, the state utilities and transportation commission, the state liquor and cannabis board, the office of the insurance commissioner, the state department of corrections, the office of independent investigations, and the state department of labor and industries.
(6) "Limited authority Washington peace officer" means any fully compensated officer of a limited authority Washington law enforcement agency empowered by that agency to detect or apprehend violators of the laws in some or all of the limited subject areas for which that agency is responsible. A limited authority Washington peace officer may be a specially commissioned Washington peace officer if otherwise qualified for such status under this chapter.
(7) "Mutual law enforcement assistance" includes, but is not limited to, one or more law enforcement agencies aiding or assisting one or more other such agencies through loans or exchanges of personnel or of material resources, for law enforcement purposes.
(8) "Primary commissioning agency" means (a) the employing agency in the case of a general authority Washington peace officer, a limited authority Washington peace officer, a tribal peace officer from a federally recognized tribe, or a federal peace officer, and (b) the commissioning agency in the case of a specially commissioned Washington peace officer (i) who is performing functions within the course and scope of the special commission and (ii) who is not also a general authority Washington peace officer, a limited authority Washington peace officer, a tribal peace officer from a federally recognized tribe, or a federal peace officer.
(9) "Primary function of an agency" means that function to which greater than fifty percent of the agency's resources are allocated.
(10) "Reserve officer" means any person who does not serve as a regularly employed, fully compensated peace officer of this state, but who, when called by an agency into active service, is fully commissioned on the same basis as regularly employed, fully compensated officers to enforce the criminal laws of this state.
(11) "Specially commissioned Washington peace officer," for the purposes of this chapter, means any officer, whether part-time or full-time, compensated or not, commissioned by a general authority Washington law enforcement agency to enforce some or all of the criminal laws of the state of Washington, who does not qualify under this chapter as a general authority Washington peace officer for that commissioning agency, specifically including reserve peace officers, and specially commissioned full-time, fully compensated peace officers duly commissioned by the states of Oregon or Idaho or any such peace officer commissioned by a unit of local government of Oregon or Idaho.
[ 2025 c 28 s 1; 2024 c 319 s 2. Prior: 2021 c 318 s 307; 2006 c 284 s 16; 2002 c 128 s 1; 1994 c 264 s 3; 1988 c 36 s 5; 1985 c 89 s 2. ]
NOTES:
Finding—Intent—2021 c 318: See note following RCW 43.102.020.
Effective date—2006 c 284: See RCW 48.135.901.
The circumstances surrounding any actual exercise of peace officer authority under this chapter shall be timely reported, after the fact, to the Washington law enforcement agency with primary territorial jurisdiction and shall be subject to any reasonable reporting procedure which may be established by such agency.
[ 1985 c 89 s 3. ]
Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by an officer acting within the course and scope of the officer's duties as a peace officer under this chapter is the responsibility of the primary commissioning agency unless the officer acts under the direction and control of another agency or unless the liability is otherwise allocated under a written agreement between the primary commissioning agency and another agency.
[ 1985 c 89 s 4. ]
All persons exercising peace officer powers under this chapter are subject to supervisory control of and limitations imposed by the primary commissioning agency, but the primary commissioning agency may, by agreement with another agency, temporarily delegate supervision over the peace officer to another agency.
[ 1985 c 89 s 5. ]
All of the privileges and immunities from liability, exemption from laws, ordinances, and rules, all pension, relief, disability, worker's compensation insurance, and other benefits which apply to the activity of officers, agents, or employees of any law enforcement agency when performing their respective functions within the territorial limits of their respective agencies shall apply to them and to their primary commissioning agencies to the same degree and extent while such persons are engaged in the performance of authorized functions and duties under this chapter.
[ 1985 c 89 s 6. ]
In addition to any other powers vested by law, a general authority Washington peace officer who possesses a certificate of basic law enforcement training or a certificate of equivalency or has been exempted from the requirement therefor by the Washington state criminal justice training commission may enforce the traffic or criminal laws of this state throughout the territorial bounds of this state, under the following enumerated circumstances:
(1) Upon the prior written consent of the sheriff or chief of police in whose primary territorial jurisdiction the exercise of the powers occurs;
(2) In response to an emergency involving an immediate threat to human life or property;
(3) In response to a request for assistance pursuant to a mutual law enforcement assistance agreement with the agency of primary territorial jurisdiction or in response to the request of a peace officer with enforcement authority;
(4) When the officer is transporting a prisoner;
(5) When the officer is executing an arrest warrant or search warrant; or
(6) When the officer is in fresh pursuit, as defined in RCW 10.93.120.
[ 1985 c 89 s 7. ]
A limited authority Washington peace officer shall have no additional powers by virtue of this chapter but shall be limited to those powers already vested by law or hereafter created by separate enactment.
[ 1985 c 89 s 8. ]
A specially commissioned Washington peace officer who has successfully completed a course of basic training prescribed or approved for such officers by the Washington state criminal justice training commission may exercise any authority which the special commission vests in the officer, throughout the territorial bounds of the state, outside of the officer's primary territorial jurisdiction under the following circumstances:
(1) The officer is in fresh pursuit, as defined in RCW 10.93.120; or
(2) The officer is acting pursuant to mutual law enforcement assistance agreement between the primary commissioning agency and the agency with primary territorial jurisdiction.
[ 1985 c 89 s 9. ]
Federal peace officers shall have no additional powers by virtue of this chapter but shall be limited to those powers already vested by law or hereafter created by separate enactment.
[ 1985 c 89 s 10. ]
The attorney general shall have no additional powers by virtue of this chapter but shall be limited to those powers already vested by law or hereafter created by separate enactment.
[ 1985 c 89 s 11. ]
(1) Any peace officer who has authority under Washington law to make an arrest may proceed in fresh pursuit of a person (a) who is reasonably believed to have committed a violation of traffic or criminal laws, or (b) for whom such officer holds a warrant of arrest, and such peace officer shall have the authority to arrest and to hold such person in custody anywhere in the state.
(2) The term "fresh pursuit," as used in this chapter, includes, without limitation, fresh pursuit as defined by the common law. Fresh pursuit does not necessarily imply immediate pursuit, but pursuit without unreasonable delay.
[ 1985 c 89 s 12. ]
Under the interlocal cooperation act, chapter 39.34 RCW, any law enforcement agency referred to by this chapter may contract with any other such agency and may also contract with any law enforcement agency of another state, or such state's political subdivision, to provide mutual law enforcement assistance. The agency with primary territorial jurisdiction may require that officers from participating agencies meet reasonable training or certification standards or other reasonable standards.
[ 1985 c 89 s 13. ]
This chapter does not limit the scope of jurisdiction and authority of the Washington state patrol and the department of fish and wildlife as otherwise provided by law, and these agencies shall not be bound by the reporting requirements of RCW 10.93.030.
[ 2002 c 128 s 2; 1985 c 89 s 14. ]
A disciplinary action or any other adverse personnel action may not be undertaken by a law enforcement agency against a peace officer solely because that officer's name has been placed on a list maintained by a prosecuting attorney's office of recurring witnesses for whom there is known potential impeachment information, or that the officer's name may otherwise be subject to disclosure pursuant to Brady v. Maryland, 373 U.S. 83 (1963). This section does not prohibit a law enforcement agency from taking disciplinary action or any other adverse personnel action against a peace officer based on the underlying acts or omissions for which that officer's name was placed on a prosecutor-maintained list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland, 373 U.S. 83 (1963), if the actions taken by the law enforcement agency otherwise conform to the rules and procedures adopted by the law enforcement agency as determined through collective bargaining.
[ 2018 c 265 s 2. ]
NOTES:
Intent—2018 c 265: "The United States supreme court has consistently found that prosecutors have the duty to disclose potentially exculpatory evidence to defense attorneys prior to trial. Some of the information that is being disclosed about government witnesses, often law enforcement officers, has not been substantiated or proven to any degree. This act prohibits a law enforcement agency from taking punitive action against a peace officer solely because the officer's name was placed on a potential impeachment list. This act specifically does not prohibit a law enforcement agency from taking punitive or personnel action against a peace officer based on the underlying acts or omissions for which that officer's name was placed on the list." [ 2018 c 265 s 1.]
(1) The definitions contained in RCW 43.17.420 apply to this section.
(2) The legislature finds that it is not the primary purpose of state and local law enforcement agencies or school resource officers to enforce civil federal immigration law. The legislature further finds that the immigration status of an individual or an individual's presence in, entry, or reentry to, or employment in the United States alone, is not a matter for police action, and that United States federal immigration authority has primary jurisdiction for enforcement of the provisions of Title 8 U.S.C. dealing with illegal entry.
(3) School resource officers, when acting in their official capacity as a school resource officer, may not:
(a) Inquire into or collect information about an individual's immigration or citizenship status, or place of birth; or
(b) Provide information pursuant to notification requests from federal immigration authorities for the purposes of civil immigration enforcement, except as required by law.
(4) State and local law enforcement agencies may not:
(a) Inquire into or collect information about an individual's immigration or citizenship status, or place of birth unless there is a connection between such information and an investigation into a violation of state or local criminal law; or
(b) Provide information pursuant to notification requests from federal immigration authorities for the purposes of civil immigration enforcement, except as required by law.
(5) State and local law enforcement agencies may not provide nonpublicly available personal information about an individual, including individuals subject to community custody pursuant to RCW 9.94A.701 and 9.94A.702, to federal immigration authorities in a noncriminal matter, except as required by state or federal law.
(6)(a) State and local law enforcement agencies may not give federal immigration authorities access to interview individuals about a noncriminal matter while they are in custody, except as required by state or federal law, a court order, or by (b) of this subsection.
(b) Permission may be granted to a federal immigration authority to conduct an interview regarding federal immigration violations with a person who is in the custody of a state or local law enforcement agency if the person consents in writing to be interviewed. In order to obtain consent, agency staff shall provide the person with an oral explanation and a written consent form that explains the purpose of the interview, that the interview is voluntary, and that the person may decline to be interviewed or may choose to be interviewed only with the person's attorney present. The form must state explicitly that the person will not be punished or suffer retaliation for declining to be interviewed. The form must be available at least in English and Spanish and explained orally to a person who is unable to read the form, using, when necessary, an interpreter from the district communications center "language line" or other district resources.
(7) An individual may not be detained solely for the purpose of determining immigration status.
(8) An individual must not be taken into custody, or held in custody, solely for the purposes of determining immigration status or based solely on a civil immigration warrant, or an immigration hold request.
(9)(a) To ensure compliance with all treaty obligations, including consular notification, and state and federal laws, on the commitment or detainment of any individual, state and local law enforcement agencies must explain in writing:
(i) The individual's right to refuse to disclose their nationality, citizenship, or immigration status; and
(ii) That disclosure of their nationality, citizenship, or immigration status may result in civil or criminal immigration enforcement, including removal from the United States.
(b) Nothing in this subsection allows for any violation of subsection (4) of this section.
(10) A state and local government or law enforcement agency may not deny services, benefits, privileges, or opportunities to individuals in custody, or under community custody pursuant to RCW 9.94A.701 and 9.94A.702, or in probation status, on the basis of the presence of an immigration detainer, hold, notification request, or civil immigration warrant, except as required by law or as necessary for classification or placement purposes for individuals in the physical custody of the department of corrections.
(11) No state or local law enforcement officer may enter into any contract, agreement, or arrangement, whether written or oral, that would grant federal civil immigration enforcement authority or powers to state and local law enforcement officers, including but not limited to agreements created under 8 U.S.C. Sec. 1357(g), also known as 287(g) agreements.
(12)(a) No state agency or local government or law enforcement officer may enter into an immigration detention agreement. All immigration detention agreements must be terminated no later than one hundred eighty days after May 21, 2019, except as provided in (b) of this subsection.
(b) Any immigration detention agreement in effect prior to January 1, 2019, and under which a payment was made between July 1, 2017, and December 31, 2018, may remain in effect until the date of completion or December 31, 2021, whichever is earlier.
(13) No state or local law enforcement agency or school resource officer may enter into or renew a contract for the provision of language services from federal immigration authorities, nor may any language services be accepted from such for free or otherwise.
(14) The department of corrections may not give federal immigration authorities access to interview individuals about federal immigration violations while they are in custody, except as required by state or federal law or by court order, unless such individuals consent to be interviewed in writing. Before agreeing to be interviewed, individuals must be advised that they will not be punished or suffer retaliation for declining to be interviewed.
(15) Subsections (3) through (6) of this section do not apply to individuals who are in the physical custody of the department of corrections.
(16) Nothing in this section prohibits the collection, use, or disclosure of information that is:
(a) Required to comply with state or federal law; or
(b) In response to a lawfully issued court order.
[ 2019 c 440 s 6. ]
NOTES:
Findings—Construction—Conflict with federal requirements—Effective date—2019 c 440: See notes following RCW 43.17.425.
(1) Except as provided in subsection (2) of this section and RCW 43.101.095, a general authority Washington law enforcement agency or limited authority Washington law enforcement agency may consider the application of a citizen of the United States or a lawful permanent resident for any office, place, position, or employment within the agency.
(2) For purposes of hiring an employee whose primary job function is to provide for the custody, safety, and security of adult persons in state correctional facilities or local jails, a general authority Washington law enforcement agency or limited authority Washington law enforcement agency may consider the application of a citizen of the United States or a person who is legally authorized to work in the United States under federal law.
(a) This subsection shall be interpreted and applied consistent with federal law and regulations. This subsection shall not be construed to permit the agency to override or bypass work authorization requirements stated in section 274a.2 of Title 8 of the Code of Federal Regulations.
(b) The agency shall not be liable for a claim pursuant to RCW 49.60.030 or other applicable law if it rejects an application based on the agency's determination that the applicant's legal authorization to work in the United States under federal law is limited in such a manner as to make employment with the agency impracticable.
[ 2026 c 103 s 1; 2024 c 11 s 1. ]
NOTES:
Effective date—2026 c 103: See note following RCW 10.93.167.
Employees whose primary job function is to provide for the custody, safety, and security of adult persons in state correctional facilities or local jails must be a citizen of the United States or a person who is legally authorized to work in the United States under federal law.
This section shall be interpreted and applied consistent with federal law and regulations. This section shall not be construed to permit an employer to override or bypass work authorization requirements stated in section 274a.2 of Title 8 of the Code of Federal Regulations.
[ 2026 c 103 s 2. ]
NOTES:
Retroactive application—2026 c 103 ss 2, 4, and 6: "Sections 2, 4, and 6 apply retroactively to individuals who are employed on and after the effective date of this act." [ 2026 c 103 s 8.]
Effective date—2026 c 103: "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 takes effect immediately." [ 2026 c 103 s 9.]
A general authority Washington law enforcement agency or limited authority Washington law enforcement agency is prohibited from considering the application for any office, place, position, or employment within the agency if the person has not provided the agency a document, voluntarily and knowingly signed by the person, that authorizes each prior employer and each agency to which the person has applied to release any and all information relating to the person's employment and application for employment, and further releasing and holding harmless the agency and each prior employer and agency to which the person has applied from any and all liability that may potentially result from the release and use of such information provided.
[ 2026 c 258 s 15; 2021 c 323 s 30. ]
NOTES:
Findings—Intent—Effective date—2026 c 258: See notes following RCW 35.21.333.
(1)(a) Each county prosecutor shall develop and adopt a written protocol addressing potential impeachment disclosures pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and subsequent case law. The protocol must provide guidance for: (i) The types of conduct that should be recognized as potentially exculpatory or as creating potential impeachment material; (ii) how information about an officer or officer conduct should be shared and maintained; and (iii) under what circumstances an officer's information or name may be removed from any list of potential impeachment disclosures.
(b) The protocol shall be developed by the prosecuting attorney with consultation of agencies representing law enforcement officers and local departments that will be impacted by the protocol.
(c) Subject to amounts appropriated for this purpose, no later than June 30, 2022, the criminal justice training commission shall provide, or contract with an organization that serves prosecuting attorneys in Washington to provide, online training for potential impeachment disclosures.
(d) Local protocols under this section shall be adopted and in place no later than July 1, 2022. Local protocols must be reviewed every two years to determine whether modifications are needed.
(2)(a) A law enforcement agency shall report the following information to the prosecuting authority of any jurisdiction in which the officer may testify as a witness:
(i) Any act by the officer that may be potentially exculpatory to a criminal defendant; and
(ii) Misconduct that the officer has engaged in that affects his or her credibility.
(b) The law enforcement agency shall report the information within 10 days of the discovery of the act under (a)(i) of this subsection or the misconduct under (a)(ii) of this subsection.
(3)(a) Prior to hiring any peace officer with previous law enforcement experience, a law enforcement agency must inquire as to whether the officer has ever been subject to potential impeachment disclosure. The agency shall verify the officer's response with the prosecuting authorities in the jurisdictions of the officer's previous employment. Prosecuting authorities shall respond within 10 days of receiving a request from a law enforcement agency for verification. The fact that an officer has been subject to impeachment disclosure is not, in and of itself, a bar to employment. Any prehiring process or hiring decision by an agency does not constitute a personnel action under RCW 10.93.150.
(b) Within 10 days of hiring an officer with a prior potential impeachment disclosure, the law enforcement agency shall forward that information to the prosecuting authority of any jurisdiction in which the officer may testify as a witness.
(4) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for sharing impeachment information about a peace officer with the peace officer's employer, potential employer, or prosecuting authority unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith.
[ 2021 c 322 s 1. ]
(1) Any identifiable on-duty peace officer who witnesses another peace officer engaging or attempting to engage in the use of excessive force against another person shall intervene when in a position to do so to end the use of excessive force or attempted use of excessive force, or to prevent the further use of excessive force. A peace officer shall also render aid at the earliest safe opportunity in accordance with RCW 36.28A.445, to any person injured as a result of the use of force.
(2) Any identifiable on-duty peace officer who witnesses any wrongdoing committed by another peace officer, or has a good faith reasonable belief that another peace officer committed wrongdoing, shall report such wrongdoing to the witnessing officer's supervisor or other supervisory peace officer in accordance with the witnessing peace officer's employing agency's policies and procedures for reporting such acts committed by a peace officer.
(3) A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer for intervening in good faith or for reporting wrongdoing in good faith as required by this section.
(4) A law enforcement agency shall send notice to the criminal justice training commission of any disciplinary decision resulting from a peace officer's failure to intervene or failure to report as required by this section to determine whether the officer's conduct may be grounds for suspension or revocation of certification under RCW 43.101.105.
(5) For purposes of this section:
(a) "Excessive force" means force that exceeds the force permitted by law or policy of the witnessing officer's agency.
(b) "Peace officer" refers to any general authority Washington peace officer.
(c) "Wrongdoing" means conduct that is contrary to law or contrary to the policies of the witnessing officer's agency, provided that the conduct is not de minimis or technical in nature.
[ 2021 c 321 s 1. ]
(1) A peace officer as defined in RCW 10.120.010 or corrections officer as defined in RCW 43.101.010 employed by a general authority Washington law enforcement agency or a limited authority Washington law enforcement agency, as those terms are defined in RCW 10.93.020, shall have the authority to possess and carry firearms, subject to the written firearms policy created by the agency employing the peace officer or corrections officer.
(2) A law enforcement agency that employs a person who is a lawful permanent resident as defined in RCW 41.04.899 or a person who is a deferred action for childhood arrivals recipient shall ensure that it has a written firearms policy authorizing the possession and carry of firearms by persons employed by that agency as a peace officer as defined in RCW 10.120.010 or a corrections officer as defined in RCW 43.101.010. A firearms policy must comply with any federal law or regulation promulgated by the United States department of justice, bureau of alcohol, tobacco, firearms, and explosives, or any successor agency, governing possession of a firearm and any related exceptions.
[ 2024 c 330 s 2. ]
This act shall take effect July 1, 1985.
[ 1985 c 89 s 17. ]
No rule promulgated by the supreme court of Washington pursuant to RCW 2.04.190 and 2.04.200, now or in the future, shall be construed to supersede or alter any of the provisions of this chapter.
[ 1981 c 138 s 1. ]
A person is guilty of aggravated first degree murder, a class A felony, if he or she commits first degree murder as defined by RCW 9A.32.030(1)(a), as now or hereafter amended, and one or more of the following aggravating circumstances exist:
(1) The victim was a law enforcement officer, corrections officer, or firefighter who was performing his or her official duties at the time of the act resulting in death and the victim was known or reasonably should have been known by the person to be such at the time of the killing;
(2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes;
(3) At the time of the act resulting in death, the person was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;
(4) The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;
(5) The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;
(6) The person committed the murder to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group;
(7) The murder was committed during the course of or as a result of a shooting where the discharge of the firearm, as defined in RCW 9.41.010, is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge;
(8) The victim was:
(a) A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding; prosecuting attorney; deputy prosecuting attorney; defense attorney; a member of the indeterminate sentence review board; or a probation or parole officer; and
(b) The murder was related to the exercise of official duties performed or to be performed by the victim;
(9) The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including, but specifically not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;
(10) There was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the person;
(11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:
(a) Robbery in the first or second degree;
(b) Rape in the first or second degree;
(c) Burglary in the first or second degree or residential burglary;
(d) Kidnapping in the first degree; or
(e) Arson in the first degree;
(12) The victim was regularly employed or self-employed as a newsreporter and the murder was committed to obstruct or hinder the investigative, research, or reporting activities of the victim;
(13) At the time the person committed the murder, there existed a court order, issued in this or any other state, which prohibited the person from either contacting the victim, molesting the victim, or disturbing the peace of the victim, and the person had knowledge of the existence of that order;
(14) At the time the person committed the murder, the person and the victim were "family or household members" or "intimate partners" as defined in RCW 10.99.020, and the person had previously engaged in a pattern or practice of three or more of the following crimes committed upon the victim within a five-year period, regardless of whether a conviction resulted:
(a) Harassment as defined in RCW 9A.46.020; or
(b) Any criminal assault.
[ 2021 c 215 s 120; 2020 c 29 s 12; 2003 c 53 s 96; 1998 c 305 s 1. Prior: 1995 c 129 s 17 (Initiative Measure No. 159); 1994 c 121 s 3; 1981 c 138 s 2. ]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2020 c 29: See note following RCW 7.77.060.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Findings and intent—Short title—Severability—Captions not law—1995 c 129: See notes following RCW 9.94A.510.
(1) Except as provided in subsection (2) of this section, any person convicted of the crime of aggravated first degree murder shall be sentenced to life imprisonment without possibility of release or parole. A person sentenced to life imprisonment under this section shall not have that sentence suspended, deferred, or commuted by any judicial officer and the indeterminate sentence review board or its successor may not parole such prisoner nor reduce the period of confinement in any manner whatsoever including but not limited to any sort of good time calculation. The department of social and health services or its successor or any executive official may not permit such prisoner to participate in any sort of release or furlough program.
(2)(a)(i) Any person convicted of the crime of aggravated first degree murder for an offense committed prior to the person's 16th birthday shall be sentenced to a maximum term of life imprisonment and a minimum term of total confinement of 25 years.
(ii) Any person convicted of the crime of aggravated first degree murder for an offense committed when the person is at least 16 years old but less than 18 years old shall be sentenced to a maximum term of life imprisonment and a minimum term of total confinement of no less than 25 years.
(b) In setting a minimum term, the court must take into account mitigating factors that account for the diminished culpability of youth as provided in Miller v. Alabama, 132 S.Ct. 2455 (2012) including, but not limited to, the age of the individual, the youth's childhood and life experience, the degree of responsibility the youth was capable of exercising, and the youth's chances of becoming rehabilitated.
(c) A person sentenced under this subsection shall serve the sentence in a facility or institution operated, or utilized under contract, by the state. During the minimum term of total confinement, the person shall not be eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release authorized under RCW 9.94A.728, or any other form of authorized leave or absence from the correctional facility while not in the direct custody of a corrections officer. The provisions of this subsection shall not apply: (i) In the case of an offender in need of emergency medical treatment; or (ii) for an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c).
(d) Any person sentenced pursuant to this subsection shall be subject to community custody under the supervision of the department of corrections and the authority of the indeterminate sentence review board. As part of any sentence under this subsection, the court shall require the person to comply with any conditions imposed by the board.
(e) Any person sentenced pursuant to this subsection shall comply with conditions imposed or modified pursuant to RCW 9.94A.704(10), in addition to court-imposed conditions.
(f) No later than five years prior to the expiration of the person's minimum term, the department of corrections shall conduct an assessment of the offender and identify programming and services that would be appropriate to prepare the offender for return to the community. To the extent possible, the department shall make programming available as identified by the assessment.
(g) No later than 180 days prior to the expiration of the person's minimum term, the department of corrections shall conduct, and the offender shall participate in, an examination of the person, incorporating methodologies that are recognized by experts in the prediction of dangerousness, and including a prediction of the probability that the person will engage in future criminal behavior if released on conditions to be set by the board. The board may consider a person's failure to participate in an evaluation under this subsection in determining whether to release the person. The board shall order the person released, under such affirmative and other conditions as the board determines appropriate, unless the board determines by a preponderance of the evidence that, despite such conditions, it is more likely than not that the person will commit new criminal law violations if released. If the board does not order the person released, the board shall set a new minimum term not to exceed five additional years. The board shall give public safety considerations the highest priority when making all discretionary decisions regarding the ability for release and conditions of release.
(h) In a hearing conducted under (g) of this subsection, the board shall provide opportunities for victims and survivors of victims of any crimes for which the offender has been convicted to present statements as set forth in RCW 7.69.032. The procedures for victim and survivor of victim input shall be provided by rule. To facilitate victim and survivor of victim involvement, county prosecutor's offices shall ensure that any victim impact statements and known contact information for victims of record and survivors of victims are forwarded as part of the judgment and sentence.
(i) An offender released by the board is subject to the supervision of the department of corrections for a period of time to be determined by the board. The department shall monitor the offender's compliance with conditions of community custody imposed by the court or board and promptly report any violations to the board. Any violation of conditions of community custody established or modified by the board are subject to the provisions of RCW 9.95.425 through 9.95.440.
(j) An offender released or discharged under this section may be returned to the institution at the discretion of the board if the offender is found to have violated a condition of community custody. The offender is entitled to a hearing pursuant to RCW 9.95.435. The board shall set a new minimum term of incarceration not to exceed five years.
[ 2024 c 118 s 7. Prior: 2023 c 102 s 23; 2023 c 102 s 20; 2015 c 134 s 5; 2014 c 130 s 9; 2010 c 94 s 3; 1993 c 479 s 1; 1981 c 138 s 3. ]
NOTES:
Application—Effective date—2024 c 118: See notes following RCW 9.94A.704.
Effective date—2015 c 134: See note following RCW 9.94A.501.
Application—Effective date—2014 c 130: See notes following RCW 9.94A.510.
Purpose—2010 c 94: See note following RCW 44.04.280.
(1) A person, who was sentenced prior to June 1, 2014, under this chapter or any prior law, to a term of life without the possibility of parole for an offense committed prior to their eighteenth birthday, shall be returned to the sentencing court or the sentencing court's successor for sentencing consistent with RCW 10.95.030. Release and supervision of a person who receives a minimum term of less than life will be governed by RCW 10.95.030.
(2) The court shall provide an opportunity for victims and survivors of victims of any crimes for which the offender has been convicted to present a statement personally or by representation.
(3) A resentencing under this section shall not reopen the defendant's conviction to challenges that would otherwise be barred by RCW 10.73.090, 10.73.100, 10.73.140, or other procedural barriers.
[ 2023 c 102 s 22; 2015 c 134 s 7; 2014 c 130 s 11. ]
NOTES:
Effective date—2015 c 134: See note following RCW 9.94A.501.
Effective date—2014 c 130: See note following RCW 9.94A.510.
The legislature finds that many businesses, associations, and organizations providing goods and services to the public, conducting other activity in Washington, or otherwise affecting residents of Washington now operate nationally or globally and often maintain their business records in a location outside the state of Washington. The legislature further finds that bringing persons or organizations committing crimes in Washington to justice is a matter of great public interest because crimes have a significant effect on businesses, associations, and other organizations that conduct business in Washington, as well as on Washington citizens. Crimes result in significant harm and losses to persons, businesses, associations, and other organizations victimized, as well as persons not directly victimized when businesses or others more directly affected by the crimes must raise prices to cover crime losses. The ability of law enforcement and the criminal justice system to effectively perform their duties to the public often depends upon law enforcement agencies, prosecutors, and criminal defense attorneys being able to obtain and use records relevant to crimes that affect Washington's citizens, businesses, associations, organizations, and others who provide goods or services, or conduct other activity in Washington. In the course of fulfilling their duties to the public, law enforcement agencies, prosecutors, and criminal defense attorneys must frequently obtain records from these entities, and be able to use the records in court. The ability to obtain and use these records has an impact on Washington citizens because it affects the ability to enforce Washington's criminal laws and affects the deterrence value arising from criminal prosecution. Effectively combating crime requires laws facilitating and requiring that all those who possess records relevant to a criminal investigation comply with the legal process issued in connection with criminal investigations or litigation.
[ 2008 c 21 s 1. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Adverse result" includes one or more of the following possible consequences:
(a) Danger to the life or physical safety of an individual;
(b) A flight from prosecution;
(c) The destruction of, potential loss of, or tampering with evidence;
(d) The intimidation of potential witnesses;
(e) Jeopardy to an investigation or undue delay of a trial.
(2) "Applicant" means a law enforcement officer, prosecuting attorney, deputy or special deputy prosecuting attorney, or defense attorney who is seeking criminal process under RCW 10.96.020.
(3) "Criminal process" means a search warrant or legal process issued pursuant to RCW 10.79.015 and CrR 2.3; any process issued pursuant to chapter 9.73, 9A.82, 10.27, or 10.29 RCW; and any other legal process signed by a judge of the superior court and issued in a criminal matter which allows the search for or commands production of records that are in the actual or constructive possession of the recipient, regardless of whether the recipient or the records are physically located within the state.
(4) "Defense attorney" means an attorney of record for a person charged with a crime when the attorney is seeking the issuance of criminal process for the defense of the criminal case.
(5) "Properly served" means delivery by hand or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to the recipient addressee of criminal process.
(6) "Recipient" means a person, as defined in RCW 9A.04.110, or a business, as defined in RCW 5.45.010, that has conducted business or engaged in transactions occurring at least in part in this state upon whom criminal process issued under this chapter is properly served.
[ 2008 c 21 s 2. ]
This section shall apply to any criminal process allowing for search of or commanding production of records that are in the actual or constructive possession of a recipient who receives service outside Washington, regardless of whether the recipient or the records are physically located within the state.
(1) When properly served with criminal process issued under this section, the recipient shall provide the applicant all records sought pursuant to the criminal process. The records shall be produced within twenty business days of receipt of the criminal process, unless the process requires earlier production. An applicant may consent to a recipient's request for additional time to comply with the criminal process.
(2) Criminal process issued under this section must contain the following language in bold type on the first page of the document: "This [warrant, subpoena, order] is issued pursuant to RCW [insert citation to this statute]. A response is due within twenty business days of receipt, unless a shorter time is stated herein, or the applicant consents to a recipient's request for additional time to comply."
(3) If the judge finds reason to suspect that failure to produce records within twenty business days would cause an adverse result, the criminal process may require production of records within less than twenty business days. A court may reasonably extend the time required for production of the records upon finding that the recipient has shown good cause for that extension and that an extension of time would not cause an adverse result.
(4) When properly served with criminal process issued under this section, a recipient who seeks to quash the criminal process must seek relief from the court where the criminal process was issued, within the time originally required for production of records. The court shall hear and decide the motion no later than five court days after the motion is filed. An applicant's consent, under subsection (1) of this section, to a recipient's request for additional time to comply with the criminal process does not extend the date by which a recipient must seek the relief designated in this section.
(5) The issuance of criminal process is prohibited if such process is related to criminal liability that is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington.
[ 2023 c 193 s 11; 2008 c 21 s 3. ]
NOTES:
Effective date—2023 c 193: See note following RCW 7.115.020.
(1) Upon written request from the applicant, or if ordered by the court, the recipient of criminal process shall verify the authenticity of records that it produces by providing an affidavit, declaration, or certification that complies with subsection (2) of this section. The requirements of RCW 5.45.020 regarding business records as evidence may be satisfied by an affidavit, declaration, or certification that complies with subsection (2) of this section, without the need for testimony from the custodian of records, regardless of whether the business records were produced by a foreign or Washington state entity.
(2) To be admissible without testimony from the custodian of records, business records must be accompanied by an affidavit, declaration, or certification by its record custodian or other qualified person that includes contact information for the witness completing the document and attests to the following:
(a) The witness is the custodian of the record or sets forth evidence that the witness is qualified to testify about the record;
(b) The record was made at or near the time of the act, condition, or event set forth in the record by, or from information transmitted by, a person with knowledge of those matters;
(c) The record was made in the regular course of business;
(d) The identity of the record and the mode of its preparation; and
(e) Either that the record is the original or that it is a duplicate that accurately reproduces the original.
(3) A party intending to offer a record into evidence under this section must provide written notice of that intention to all adverse parties, and must make the record and affidavit, declaration, or certification available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them. A motion opposing admission in evidence of the record shall be made and determined by the court before trial and with sufficient time to allow the party offering the record time, if the motion is granted, to produce the custodian of the record or other qualified person at trial, without creating hardship on the party or on the custodian or other qualified person.
(4) Failure by a party to timely file a motion under subsection (4) of this section shall constitute a waiver of objection to admission of the evidence, but the court for good cause shown may grant relief from the waiver. When the court grants relief from the waiver, and thereafter determines the custodian of the record shall appear, a continuance of the trial may be granted to provide the proponent of the record sufficient time to arrange for the necessary witness to appear.
(5) Nothing in this section precludes either party from calling the custodian of record of the record or other witness to testify regarding the record.
[ 2008 c 21 s 4. ]
(1) A Washington recipient, when served with process that was issued by or in another state that on its face purports to be valid criminal process, shall comply with that process as if that process had been issued by a Washington court if the criminal process includes an attestation, made under penalty of perjury, stating that such process does not relate to criminal liability that is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington. Any false attestation submitted under this section is subject to a statutory penalty of $10,000 per violation. Submission of such attestation subjects the attester to the jurisdiction of the courts of Washington state for any suit, penalty, or damages arising out of a false attestation under this section.
(2) A Washington recipient shall not be required to comply with a criminal process issued by or in another state that is related to criminal liability that is based on the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington.
[ 2023 c 193 s 12; 2008 c 21 s 5. ]
NOTES:
Effective date—2023 c 193: See note following RCW 7.115.020.
A recipient of criminal process or process under RCW 10.96.010 and 10.96.040, and any other person that responds to such process is immune from civil and criminal liability for complying with the process, and for any failure to provide notice of any disclosure to the person who is the subject of or identified in the disclosure.
[ 2008 c 21 s 6. ]
A judge of the superior court may issue any criminal process to any recipient at any address, within or without the state, for any matter over which the court has criminal jurisdiction pursuant to RCW 9A.04.030. This section does not limit a court's authority to issue warrants or legal process under other provisions of state law.
[ 2008 c 21 s 7. ]
The legislature declares that it is the policy of the state of Washington to provide for the completeness, accuracy, confidentiality, and security of criminal history record information and victim, witness, and complainant record information as defined in this chapter.
[ 1977 ex.s. c 314 s 1. ]
This chapter may be cited as the Washington State Criminal Records Privacy Act.
[ 1977 ex.s. c 314 s 2. ]
NOTES:
Reviser's note: The phrase "This 1977 amendatory act" has been changed to "This chapter." This 1977 amendatory act [1977 ex.s. c 314] consists of chapter 10.97 RCW and the amendments of RCW 42.17.310, 43.43.705, 43.43.710, 43.43.730, and 43.43.810.
For purposes of this chapter, the definitions of terms in this section shall apply.
(1) "The administration of criminal justice" means performance of any of the following activities: Detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The term also includes criminal identification activities and the collection, storage, dissemination of criminal history record information, and the compensation of victims of crime.
(2) "Conviction or other disposition adverse to the subject" means any disposition of charges other than: (a) A decision not to prosecute; (b) a dismissal; or (c) acquittal; with the following exceptions, which shall be considered dispositions adverse to the subject: An acquittal due to a finding of not guilty by reason of insanity and a dismissal by reason of incompetency, pursuant to chapter 10.77 RCW; and a dismissal entered after a period of probation, suspension, or deferral of sentence.
(3) "Conviction record" means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the subject.
(4) "Criminal history record information" means information contained in records collected by criminal justice agencies, other than courts, on individuals, consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, including acquittals by reason of insanity, dismissals based on lack of competency, sentences, correctional supervision, and release.
The term includes any issued certificates of restoration of opportunities and any information contained in records maintained by or obtained from criminal justice agencies, other than courts, which records provide individual identification of a person together with any portion of the individual's record of involvement in the criminal justice system as an alleged or convicted offender, except:
(a) Posters, announcements, or lists for identifying or apprehending fugitives or wanted persons;
(b) Original records of entry maintained by criminal justice agencies to the extent that such records are compiled and maintained chronologically and are accessible only on a chronological basis;
(c) Court indices and records of public judicial proceedings, court decisions, and opinions, and information disclosed during public judicial proceedings;
(d) Records of traffic violations which are not punishable by a maximum term of imprisonment of more than ninety days;
(e) Records of any traffic offenses as maintained by the department of licensing for the purpose of regulating the issuance, suspension, revocation, or renewal of drivers' or other operators' licenses and pursuant to RCW 46.52.130;
(f) Records of any aviation violations or offenses as maintained by the department of transportation for the purpose of regulating pilots or other aviation operators, and pursuant to RCW 47.68.330;
(g) Announcements of executive clemency;
(h) Intelligence, analytical, or investigative reports and files.
(5) "Criminal justice agency" means: (a) A court; or (b) a government agency which performs the administration of criminal justice pursuant to a statute or executive order and which allocates a substantial part of its annual budget to the administration of criminal justice.
(6) "Disposition" means the formal conclusion of a criminal proceeding at whatever stage it occurs in the criminal justice system.
(7) "Dissemination" means disclosing criminal history record information or disclosing the absence of criminal history record information to any person or agency outside the agency possessing the information, subject to the following exceptions:
(a) When criminal justice agencies jointly participate in the maintenance of a single recordkeeping department as an alternative to maintaining separate records, the furnishing of information by that department to personnel of any participating agency is not a dissemination;
(b) The furnishing of information by any criminal justice agency to another for the purpose of processing a matter through the criminal justice system, such as a police department providing information to a prosecutor for use in preparing a charge, is not a dissemination;
(c) The reporting of an event to a recordkeeping agency for the purpose of maintaining the record is not a dissemination.
(8) "Nonconviction data" consists of all criminal history record information relating to an incident which has not led to a conviction or other disposition adverse to the subject, and for which proceedings are no longer actively pending. There shall be a rebuttable presumption that proceedings are no longer actively pending if more than one year has elapsed since arrest, citation, charge, or service of warrant and no disposition has been entered.
[ 2016 c 81 s 4; 2012 c 125 s 1; 1999 c 49 s 1; 1998 c 297 s 49; 1990 c 3 s 128; 1979 ex.s. c 36 s 1; 1979 c 158 s 5; 1977 ex.s. c 314 s 3. ]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Finding—Conflict with federal requirements—2016 c 81: See notes following RCW 9.97.010.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
No criminal justice agency shall disseminate criminal history record information pertaining to an arrest, detention, indictment, information, or other formal criminal charge made after December 31, 1977, unless the record disseminated states the disposition of such charge to the extent dispositions have been made at the time of the request for the information: PROVIDED, HOWEVER, That if a disposition occurring within ten days immediately preceding the dissemination has not been reported to the agency disseminating the criminal history record information, or if information has been received by the agency within the seventy-two hours immediately preceding the dissemination, that information shall not be required to be included in the dissemination: PROVIDED FURTHER, That when another criminal justice agency requests criminal history record information, the disseminating agency may disseminate specific facts and incidents which are within its direct knowledge without furnishing disposition data as otherwise required by this section, unless the disseminating agency has received such disposition data from either: (1) the state patrol, or (2) the court or other criminal justice agency required to furnish disposition data pursuant to RCW 10.97.045.
No criminal justice agency shall disseminate criminal history record information which shall include information concerning a felony or gross misdemeanor without first making inquiry of the identification section of the Washington state patrol for the purpose of obtaining the most current and complete information available, unless one or more of the following circumstances exists:
(1) The information to be disseminated is needed for a purpose in the administration of criminal justice for which time is of the essence and the identification section is technically or physically incapable of responding within the required time;
(2) The full information requested and to be disseminated relates to specific facts or incidents which are within the direct knowledge of the agency which disseminates the information;
(3) The full information requested and to be disseminated is contained in a criminal history record information summary received from the identification section by the agency which is to make the dissemination not more than thirty days preceding the dissemination to be made;
(4) The statute, executive order, court rule, or court order pursuant to which the information is to be disseminated refers solely to information in the files of the agency which makes the dissemination;
(5) The information requested and to be disseminated is for the express purpose of research, evaluative, or statistical activities to be based upon information maintained in the files of the agency or agencies from which the information is directly sought; or
(6) A person who is the subject of the record requests the information and the agency complies with the requirements in RCW 10.97.080 as now or hereafter amended.
[ 1979 ex.s. c 36 s 2; 1977 ex.s. c 314 s 4. ]
Whenever a court or other criminal justice agency reaches a disposition of a criminal proceeding, the court or other criminal justice agency shall furnish the disposition data to the agency initiating the criminal history record for that charge and to the identification section of the Washington state patrol as required under RCW 43.43.745.
[ 1979 ex.s. c 36 s 6. ]
(1) Conviction records may be disseminated without restriction.
(2) Any criminal history record information which pertains to an incident that occurred within the last twelve months for which a person is currently being processed by the criminal justice system, including the entire period of correctional supervision extending through final discharge from parole, when applicable, may be disseminated without restriction.
(3) Criminal history record information which includes nonconviction data may be disseminated by a criminal justice agency to another criminal justice agency for any purpose associated with the administration of criminal justice, or in connection with the employment of the subject of the record by a criminal justice or juvenile justice agency, except as provided under RCW 13.50.260. A criminal justice agency may respond to any inquiry from another criminal justice agency without any obligation to ascertain the purpose for which the information is to be used by the agency making the inquiry.
(4) Criminal history record information which includes nonconviction data may be disseminated by a criminal justice agency to implement a statute, ordinance, executive order, or a court rule, decision, or order which expressly refers to records of arrest, charges, or allegations of criminal conduct or other nonconviction data and authorizes or directs that it be available or accessible for a specific purpose.
(5) Criminal history record information which includes nonconviction data may be disseminated to individuals and agencies pursuant to a contract with a criminal justice agency to provide services related to the administration of criminal justice. Such contract must specifically authorize access to criminal history record information, but need not specifically state that access to nonconviction data is included. The agreement must limit the use of the criminal history record information to stated purposes and insure the confidentiality and security of the information consistent with state law and any applicable federal statutes and regulations.
(6) Criminal history record information which includes nonconviction data may be disseminated to individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency. Such agreement must authorize the access to nonconviction data, limit the use of that information which identifies specific individuals to research, evaluative, or statistical purposes, and contain provisions giving notice to the person or organization to which the records are disseminated that the use of information obtained therefrom and further dissemination of such information are subject to the provisions of this chapter and applicable federal statutes and regulations, which shall be cited with express reference to the penalties provided for a violation thereof.
(7) Criminal history record information that includes nonconviction data may be disseminated to the state auditor solely for the express purpose of conducting a process compliance audit procedure and review of any deadly force investigation pursuant to RCW 43.101.460. Dissemination or use of nonconviction data for purposes other than authorized in this subsection is prohibited.
(8) Criminal history record information that includes nonconviction data may be disseminated to bailiffs of the supreme court solely for the express purpose of investigations under RCW 2.04.260 and to bailiffs of the court of appeals solely for the express purpose of investigations under RCW 2.06.170. Dissemination or use of nonconviction data for purposes other than authorized in this subsection is prohibited.
(9) Every criminal justice agency that maintains and disseminates criminal history record information must maintain information pertaining to every dissemination of criminal history record information except a dissemination to the effect that the agency has no record concerning an individual. Information pertaining to disseminations shall include:
(a) An indication of to whom (agency or person) criminal history record information was disseminated;
(b) The date on which the information was disseminated;
(c) The individual to whom the information relates; and
(d) A brief description of the information disseminated.
The information pertaining to dissemination required to be maintained shall be retained for a period of not less than one year.
(10) In addition to the other provisions in this section allowing dissemination of criminal history record information, RCW 4.24.550 governs dissemination of information concerning offenders who commit sex offenses as defined by RCW 9.94A.030. Criminal justice agencies, their employees, and officials shall be immune from civil liability for dissemination on criminal history record information concerning sex offenders as provided in RCW 4.24.550.
[ 2026 c 111 s 2; 2024 c 303 s 2; 2023 c 26 s 1; 2020 c 184 s 2; 2012 c 125 s 2; 2005 c 421 s 9; 1990 c 3 s 129; 1977 ex.s. c 314 s 5. ]
NOTES:
Retroactive application—Effective date—2020 c 184: See notes following RCW 13.50.260.
Criminal history record information which consists of nonconviction data only shall be subject to deletion from criminal justice agency files which are available and generally searched for the purpose of responding to inquiries concerning the criminal history of a named or otherwise identified individual when two years or longer have elapsed since the record became nonconviction data as a result of the entry of a disposition favorable to the defendant, or upon the passage of three years from the date of arrest or issuance of a citation or warrant for an offense for which a conviction was not obtained unless the defendant is a fugitive, or the case is under active prosecution according to a current certification made by the prosecuting attorney.
Such criminal history record information consisting of nonconviction data shall be deleted upon the request of the person who is the subject of the record: PROVIDED, HOWEVER, That the criminal justice agency maintaining the data may, at its option, refuse to make the deletion if:
(1) The disposition was a deferred prosecution or similar diversion of the alleged offender;
(2) The person who is the subject of the record has had a prior conviction for a felony or gross misdemeanor;
(3) The individual who is the subject of the record has been arrested for or charged with another crime during the intervening period.
Nothing in this chapter is intended to restrict the authority of any court, through appropriate judicial proceedings, to order the modification or deletion of a record in a particular cause or concerning a particular individual or event.
[ 1977 ex.s. c 314 s 6. ]
(1) Criminal justice agencies may, in their discretion, disclose to persons who have suffered physical loss, property damage, or injury compensable through civil action, the identity of persons suspected as being responsible for such loss, damage, or injury together with such information as the agency reasonably believes may be of assistance to the victim in obtaining civil redress. Such disclosure may be made without regard to whether the suspected offender is an adult or a juvenile, whether charges have or have not been filed, or a prosecuting authority has declined to file a charge or a charge has been dismissed.
(2) Unless the agency determines release would interfere with an ongoing criminal investigation, in any action brought pursuant to this chapter, criminal justice agencies shall disclose identifying information, including photographs of suspects, if the acts are alleged by the plaintiff or victim to be a violation of RCW 9A.50.020.
(3) The disclosure by a criminal justice agency of investigative information pursuant to subsection (1) of this section shall not establish a duty to disclose any additional information concerning the same incident or make any subsequent disclosure of investigative information, except to the extent an additional disclosure is compelled by legal process.
[ 1993 c 128 s 10; 1977 ex.s. c 314 s 7. ]
NOTES:
Effective date—1993 c 128: See RCW 9A.50.902.
All criminal justice agencies shall permit an individual who is, or who believes that he or she may be, the subject of a criminal record maintained by that agency, to appear in person during normal business hours of that criminal justice agency and request to see the criminal history record information held by that agency pertaining to the individual. The individual's right to access and review of criminal history record information shall not extend to data contained in intelligence, investigative, or other related files, and shall not be construed to include any information other than that defined as criminal history record information by this chapter.
Every criminal justice agency shall adopt rules and make available forms to facilitate the inspection and review of criminal history record information by the subjects thereof, which rules may include requirements for identification, the establishment of reasonable periods of time to be allowed an individual to examine the record, and for assistance by an individual's counsel, interpreter, or other appropriate persons.
No person shall be allowed to retain or mechanically reproduce any nonconviction data except for the person who is the subject of the record. Such person may retain a copy of their personal nonconviction data information on file, if the criminal justice agency has verified the identities of those who seek to inspect them. Criminal justice agencies may impose such additional restrictions, including fingerprinting, as are reasonably necessary both to assure the record's security and to verify the identities of those who seek to inspect them. The criminal justice agency may charge a reasonable fee for fingerprinting or providing a copy of the personal nonconviction data information pursuant to this section. The provisions of chapter 42.56 RCW shall not be construed to require or authorize copying of nonconviction data for any other purpose.
The Washington state patrol shall establish rules for the challenge of records which an individual declares to be inaccurate or incomplete, and for the resolution of any disputes between individuals and criminal justice agencies pertaining to the accuracy and completeness of criminal history record information. The Washington state patrol shall also adopt rules for the correction of criminal history record information and the dissemination of corrected information to agencies and persons to whom inaccurate or incomplete information was previously disseminated. Such rules may establish time limitations of not less than ninety days upon the requirement for disseminating corrected information.
[ 2012 c 125 s 3; 2010 c 8 s 1093; 2005 c 274 s 206; 1979 ex.s. c 36 s 3; 1977 ex.s. c 314 s 8. ]
The Washington state patrol is hereby designated the agency of state government responsible for the administration of the 1977 Washington State Criminal Records Privacy Act. The Washington state patrol may adopt any rules and regulations necessary for the performance of the administrative functions provided for in this chapter.
The Washington state patrol shall have the following specific administrative duties:
(1) To establish by rule and regulation standards for the security of criminal history information systems in order that such systems and the data contained therein be adequately protected from fire, theft, loss, destruction, other physical hazard, or unauthorized access;
(2) To establish by rule and regulation standards for personnel employed by criminal justice of other state and local government agencies in positions with responsibility for maintenance and dissemination of criminal history record information; and
(3) To contract with the Washington state auditor or other public or private agency, organization, or individual to perform audits of criminal history record information systems.
[ 1979 ex.s. c 36 s 4; 1977 ex.s. c 314 s 9. ]
Criminal justice agencies shall be authorized to establish and collect reasonable fees for the dissemination of criminal history record information to agencies and persons other than criminal justice agencies.
[ 1977 ex.s. c 314 s 10. ]
Any person may maintain an action to enjoin a continuance of any act or acts in violation of any of the provisions of this chapter, and if injured thereby, for the recovery of damages and for the recovery of reasonable attorneys' fees. If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this chapter, it shall enjoin the defendant from a continuance thereof, and it shall not be necessary that actual damages to the plaintiff be alleged or proved. In addition to such injunctive relief, the plaintiff in said action shall be entitled to recover from the defendant the amount of the actual damages, if any, sustained by him or her if actual damages to the plaintiff are alleged and proved. In any suit brought to enjoin a violation of this chapter, the prevailing party may be awarded reasonable attorneys' fees, including fees incurred upon appeal. Commencement, pendency, or conclusion of a civil action for injunction or damages shall not affect the liability of a person or agency to criminal prosecution for a violation of this chapter.
[ 2010 c 8 s 1094; 1979 ex.s. c 36 s 5; 1977 ex.s. c 314 s 11. ]
Violation of the provisions of this chapter shall constitute a misdemeanor, and any person whether as principal, agent, officer, or director for himself or herself or for another person, or for any firm or corporation, public or private, or any municipality who or which shall violate any of the provisions of this chapter shall be guilty of a misdemeanor for each single violation. Any criminal prosecution shall not affect the right of any person to bring a civil action as authorized by this chapter or otherwise authorized by law.
[ 2010 c 8 s 1095; 1977 ex.s. c 314 s 12. ]
(1) Information revealing the specific details that describe the alleged or proven child victim of sexual assault or commercial sexual exploitation under age 18, or the identity or contact information of an alleged or proven child victim of sexual assault or commercial sexual exploitation under age 18 is confidential and not subject to release to the press or public without the permission of the child victim and the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative, stepchild, or stepsibling of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Contact information includes phone numbers, email addresses, social media profiles, and user names and passwords. Contact information or information identifying the child victim of sexual assault or commercial sexual exploitation may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault. Prior to release of any criminal history record information, the releasing agency shall delete any contact information or information identifying a child victim of sexual assault or commercial sexual exploitation from the information except as provided in this section.
(2) This section does not apply to court documents or other materials admitted in open judicial proceedings.
(3) For purposes of this section, "commercial sexual exploitation" has the same meaning as in RCW 7.105.010.
[ 2024 c 298 s 20; 2019 c 300 s 2; 1992 c 188 s 8. ]
NOTES:
Effective date—2024 c 298: See note following RCW 9A.40.100.
Findings—Intent—Severability—1992 c 188: See notes following RCW 7.69A.020.
Nothing in RCW 40.14.060 or 40.14.070 or chapter 42.56 RCW precludes dissemination of criminal history record information, including nonconviction data, for the purposes of this chapter.
[ 2005 c 274 s 207; 1999 c 326 s 4. ]
The purpose of this chapter is to provide a system of reporting and disseminating felony criminal justice information that provides: (1) Timely and accurate criminal histories for filing and sentencing under the sentencing reform act of 1981, (2) identification and tracking of felons, and (3) data for statewide planning and forecasting of the felon population.
[ 1984 c 17 s 1. ]
This chapter may be known and cited as the criminal justice information act.
[ 1984 c 17 s 2. ]
The Washington state patrol identification, child abuse, and criminal history section as established in *RCW 43.43.700 shall be the primary source of felony conviction histories for filings, plea agreements, and sentencing on felony cases.
[ 1999 c 143 s 50; 1984 c 17 s 3. ]
NOTES:
*Reviser's note: RCW 43.43.700 was amended by 2006 c 294 s 1, renaming the "identification, child abuse, and criminal history section" as the "identification and criminal history section."
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Arrest and fingerprint form" means the reporting form prescribed by the *identification, child abuse, and criminal history section to initiate compiling arrest and identification information.
(2) "Chief law enforcement officer" includes the sheriff or director of public safety of a county, the chief of police of a city or town, and chief officers of other law enforcement agencies operating within the state.
(3) "Department" means the department of corrections.
(4) "Disposition" means the conclusion of a criminal proceeding at any stage it occurs in the criminal justice system. Disposition includes but is not limited to temporary or permanent outcomes such as charges dropped by police, charges not filed by the prosecuting attorney, deferred prosecution, defendant absconded, charges filed by the prosecuting attorney pending court findings such as not guilty, dismissed, guilty, or guilty—case appealed to higher court.
(5) "Disposition report" means the reporting form prescribed by the *identification, child abuse, and criminal history section to report the legal procedures taken after completing an arrest and fingerprint form. The disposition report shall include but not be limited to the following types of information:
(a) The type of disposition;
(b) The statutory citation for the arrests;
(c) The sentence structure if the defendant was convicted of a felony;
(d) The state identification number; and
(e) Identification information and other information that is prescribed by the *identification, child abuse, and criminal history section.
(6) "Fingerprints" means the fingerprints taken from arrested or charged persons under the procedures prescribed by the Washington state patrol *identification, child abuse, and criminal history section.
(7) "Prosecuting attorney" means the public or private attorney prosecuting a criminal case.
(8) "Section" refers to the Washington state patrol *section on identification, child abuse, and criminal history.
(9) "Sentence structure" means itemizing the components of the felony sentence. The sentence structure shall include but not be limited to the total or partial confinement sentenced, and whether the sentence is prison or jail, community supervision, fines, restitution, or community restitution.
[ 2002 c 175 s 18; 1999 c 143 s 51; 1985 c 201 s 1; 1984 c 17 s 4. ]
NOTES:
*Reviser's note: The "identification, child abuse, and criminal history section" was renamed the "identification and criminal history section" by 2006 c 294 s 1.
Effective date—2002 c 175: See note following RCW 7.80.130.
(1) It is the duty of the chief law enforcement officer or the local director of corrections to transmit within seventy-two hours from the time of arrest to the section fingerprints together with other identifying data as may be prescribed by the section, and statutory violations of any person lawfully arrested, fingerprinted, and photographed under RCW 43.43.735. The disposition report shall be transmitted to the prosecuting attorney, county clerk, or appropriate court of limited jurisdiction, whichever is responsible for transmitting the report to the section under RCW 10.98.010.
(2) At the preliminary hearing or the arraignment of a felony case, the judge shall ensure that the felony defendants have been fingerprinted and an arrest and fingerprint form transmitted to the section. In cases where fingerprints have not been taken, the judge shall order the chief law enforcement officer of the jurisdiction or the local director of corrections, or, in the case of a juvenile, the juvenile court administrator to initiate an arrest and fingerprint form and transmit it to the section. The disposition report shall be transmitted to the prosecuting attorney.
[ 1999 c 49 s 2; 1989 c 6 s 1; 1987 c 450 s 6; 1985 c 201 s 2; 1984 c 17 s 5. ]
The arrest and fingerprint form shall include but not be limited to the following:
(1) Unique numbers associated with the arrest charges. The unique numbering system may be controlled by the local law enforcement agency, however the section shall approve of the numbering system and maintain a current catalog of approved local numbering systems. The purpose of the unique numbering system is to allow tracking of arrest charges through disposition;
(2) An organization code;
(3) Date of arrest;
(4) Local identification number;
(5) The prescribed fingerprints;
(6) Individual identification information and other information prescribed by the section.
[ 1984 c 17 s 6. ]
The section shall be the sole recipient of arrest and fingerprint forms described in RCW 10.98.060, fingerprint forms described in RCW 43.43.760, and disposition reports for forwarding to the federal bureau of investigation as required for participation in the national crime information center interstate identification index. The section shall comply with national crime information center interstate identification index regulations to maintain availability of out-of-state criminal history information.
[ 1984 c 17 s 7. ]
The section shall promptly furnish a state identification number to the originating agency and to the prosecuting attorney who received a copy of the arrest and fingerprint form. In the case of juvenile felony-like adjudications, the section shall furnish, upon request, the state identification number to the juvenile information section of the administrative office of the courts.
[ 2005 c 282 s 23; 1985 c 201 s 3; 1984 c 17 s 8. ]
(1) In all cases where an arrest and fingerprint form is transmitted to the section, the originating agency shall code the form indicating which agency is initially responsible for reporting the disposition to the section. Coding shall include but not be limited to the prosecuting attorney, superior court, district court, municipal court, or the originating agency.
(2) In the case of a superior court or felony disposition, the county clerk or prosecuting attorney shall promptly transmit the completed disposition information to the section. In a county where the judicial information system or other secure method of electronic transfer of information has been implemented between the court and the section, the county clerk shall electronically provide the disposition information. In the case of a felony conviction in a county without the judicial information system or other secure method of electronic transfer of information between the court and the section, the prosecuting attorney shall attach a copy of the judgment and sentence form to the disposition form transmitted to the section. In the case of a lower court disposition, the district or municipal court administrator shall either promptly transmit the completed disposition form or, in a county where the judicial information system or other secure method of electronic transfer of information has been implemented between the court and the section, electronically provide the disposition information to the section. For all other dispositions the originating agency shall promptly transmit the completed disposition form to the section.
[ 1998 c 197 s 1; 1985 c 201 s 4; 1984 c 17 s 9. ]
The section shall administer a compliance audit at least once annually for each prosecuting attorney, district and municipal court, and originating agency to ensure that all disposition reports have been received and added to the criminal history record information described in RCW 43.43.705. The section shall identify criminal history record information for which no disposition report has been received and has been outstanding for one year or longer since the date of arrest. Each open arrest shall be researched for a final disposition by section staff or the criminal justice agency shall be furnished a list of outstanding disposition reports for criminal history record information of persons who were arrested or against whom charges were filed by that agency. Each criminal justice agency shall provide the section with a current disposition report or status within sixty days of receipt of notification of open arrest. Cases pending prosecution shall be considered outstanding dispositions in the compliance audit. The results of compliance audits shall be published annually and distributed to legislative committees dealing with criminal justice issues, the office of financial management, and criminal justice agencies and associations.
[ 2013 c 62 s 1; 2005 c 282 s 24; 1985 c 201 s 5; 1984 c 17 s 10. ]
(1) The department shall maintain records to track felony cases for convicted felons sentenced either to a term of confinement exceeding one year or ordered under the supervision of the department and felony cases under the jurisdiction of the department pursuant to interstate compact agreements.
(2) Tracking shall begin at the time the department receives a judgment and sentence form from a prosecuting attorney and shall include the collection and updating of felons' criminal records from the time of sentencing through discharge.
(3) The department of corrections shall collect information for tracking felons from its offices and from information provided by county clerks, the Washington state patrol *identification, child abuse, and criminal history section, the office of financial management, and any other public or private agency that provides services to help individuals complete their felony sentences.
[ 1999 c 143 s 52; 1993 c 31 s 1; 1987 c 462 s 2; 1984 c 17 s 11. ]
NOTES:
*Reviser's note: The "identification, child abuse, and criminal history section" was renamed the "identification and criminal history section" by 2006 c 294 s 1.
Effective dates—1987 c 462: See note following RCW 13.04.116.
Local jails shall report to the office of financial management and that office shall transmit to the department the information on all persons convicted of felonies or incarcerated for noncompliance with a felony sentence who are admitted or released from the jails and shall promptly respond to requests of the department for such data. Information transmitted shall include but not be limited to the state identification number, whether the reason for admission to jail was a felony conviction or noncompliance with a felony sentence, and the dates of the admission and release.
The office of financial management may contract with a state or local governmental agency, or combination thereof, or a private organization for the information collection and transmittal under this section.
[ 1988 c 152 s 1; 1987 c 462 s 3; 1984 c 17 s 13. ]
NOTES:
Effective dates—1987 c 462: See note following RCW 13.04.116.
(1) The section, the department, and the office of financial management shall be the primary sources of information for criminal justice forecasting. The information maintained by these agencies shall be complete, accurate, and sufficiently timely to support state criminal justice forecasting.
(2) The caseload forecast council shall keep records on all sentencings above or below the standard range defined by chapter 9.94A RCW. As a minimum, the records shall include the name of the offender, the crimes for which the offender was sentenced, the name and county of the sentencing judge, and the deviation from the standard range. Such records shall be made available to public officials upon request.
[ 2011 1st sp.s. c 40 s 32; 1987 c 462 s 4; 1985 c 201 s 6; 1984 c 17 s 14. ]
NOTES:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective dates—1987 c 462: See note following RCW 13.04.116.
The section and the department shall provide prompt responses to the requests of law enforcement agencies and jails regarding the status of suspected or convicted felons. Dissemination of individual identities, criminal histories, or the whereabouts of a suspected or convicted felon shall be in accordance with chapter 10.97 RCW, the Washington state criminal records privacy act.
[ 1984 c 17 s 15. ]
In the development and modification of the procedures, definitions, and reporting capabilities of the section, the department, the office of financial management, and the responsible agencies and persons shall consider the needs of other criminal justice agencies such as the administrative office of the courts, local law enforcement agencies, local jails, the indeterminate sentence review board, the clemency board, prosecuting attorneys, and affected state agencies such as the office of financial management and legislative committees dealing with criminal justice issues. The Washington integrated justice information board shall review and provide recommendations to state justice agencies and the courts for development and modification of the statewide justice information network.
[ 2011 1st sp.s. c 40 s 33; 2005 c 282 s 25; 2003 c 104 s 2; 1999 c 143 s 53; 1987 c 462 s 5; 1984 c 17 s 16. ]
NOTES:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective dates—1987 c 462: See note following RCW 13.04.116.
The purpose of this chapter is to recognize the importance of domestic violence as a serious crime against society and to assure the victim of domestic violence the maximum protection from abuse which the law and those who enforce the law can provide. The legislature finds that the existing criminal statutes are adequate to provide protection for victims of domestic violence. However, previous societal attitudes have been reflected in policies and practices of law enforcement agencies and prosecutors which have resulted in differing treatment of crimes occurring between cohabitants and of the same crimes occurring between strangers. Only recently has public perception of the serious consequences of domestic violence to society and to the victims led to the recognition of the necessity for early intervention by law enforcement agencies. It is the intent of the legislature that the official response to cases of domestic violence shall stress the enforcement of the laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated. Furthermore, it is the intent of the legislature that criminal laws be enforced without regard to whether the persons involved are or were married, cohabiting, or involved in a relationship.
[ 1979 ex.s. c 105 s 1. ]
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020.
(2) "Association" means the Washington association of sheriffs and police chiefs.
(3) "Dating relationship" has the same meaning as in RCW 7.105.010.
(4) "Domestic violence" includes but is not limited to any of the following crimes when committed either by (a) one family or household member against another family or household member, or (b) one intimate partner against another intimate partner:
(i) Assault in the first degree (RCW 9A.36.011);
(ii) Assault in the second degree (RCW 9A.36.021);
(iii) Assault in the third degree (RCW 9A.36.031);
(iv) Assault in the fourth degree (RCW 9A.36.041);
(v) Drive-by shooting (RCW 9A.36.045);
(vi) Reckless endangerment (RCW 9A.36.050);
(vii) Coercion (RCW 9A.36.070);
(viii) Burglary in the first degree (RCW 9A.52.020);
(ix) Burglary in the second degree (RCW 9A.52.030);
(x) Criminal trespass in the first degree (RCW 9A.52.070);
(xi) Criminal trespass in the second degree (RCW 9A.52.080);
(xii) Malicious mischief in the first degree (RCW 9A.48.070);
(xiii) Malicious mischief in the second degree (RCW 9A.48.080);
(xiv) Malicious mischief in the third degree (RCW 9A.48.090);
(xv) Kidnapping in the first degree (RCW 9A.40.020);
(xvi) Kidnapping in the second degree (RCW 9A.40.030);
(xvii) Unlawful imprisonment (RCW 9A.40.040);
(xviii) Violation of the provisions of a restraining order, no-contact order, or protection order restraining or enjoining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, a protected party's person, or a protected party's vehicle (chapter 7.105 RCW, or RCW 10.99.040, 10.99.050, 26.09.300, * 26.10.220, 26.26B.050, 26.44.063, 26.44.150, or 26.52.070, or any of the former RCW 26.50.060, 26.50.070, 26.50.130, and 74.34.145);
(xix) Rape in the first degree (RCW 9A.44.040);
(xx) Rape in the second degree (RCW 9A.44.050);
(xxi) Residential burglary (RCW 9A.52.025);
(xxii) Stalking (RCW 9A.46.110); and
(xxiii) Interference with the reporting of domestic violence (RCW 9A.36.150).
(5) "Electronic monitoring" means the same as in RCW 9.94A.030.
(6) "Employee" means any person currently employed with an agency.
(7) "Family or household members" means: (a) Adult persons related by blood or marriage; (b) adult persons who are presently residing together or who have resided together in the past; and (c) persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.
(8) "Intimate partners" means: (a) Spouses or domestic partners; (b) former spouses or former domestic partners; (c) persons who have a child in common regardless of whether they have been married or have lived together at any time; (d) adult persons presently or previously residing together who have or have had a dating relationship; (e) persons 16 years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship; or (f) persons 16 years of age or older with whom a person 16 years of age or older has or has had a dating relationship.
(9) "Sworn employee" means a general authority Washington peace officer as defined in RCW 10.93.020, any person appointed under RCW 35.21.333, and any person appointed or elected to carry out the duties of the sheriff under chapter 36.28 RCW.
(10) "Victim" means a family or household member or an intimate partner who has been subjected to domestic violence.
[ 2021 c 215 s 121. Prior: 2020 c 296 s 5; prior: 2019 c 263 s 203; 2019 c 46 s 5014; 2004 c 18 s 2; 2000 c 119 s 5; 1997 c 338 s 53; 1996 c 248 s 5; 1995 c 246 s 21; 1994 c 121 s 4; 1991 c 301 s 3; 1986 c 257 s 8; 1984 c 263 s 20; 1979 ex.s. c 105 s 2. ]
NOTES:
*Reviser's note: RCW 26.10.220 was repealed by 2020 c 312 s 905.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Short title—2020 c 296: See note following RCW 9.94A.030.
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Intent—Definition of domestic violence—2019 c 263 ss 202-205: See note following RCW 10.01.240.
Findings—Intent—2004 c 18: "The legislature reaffirms its determination to reduce the incident rate of domestic violence. The legislature finds it is appropriate to help reduce the incident rate of domestic violence by addressing the need for improved coordination and accountability among general authority Washington law enforcement agencies and general authority Washington peace officers when reports of domestic violence are made and the alleged perpetrator is a general authority Washington peace officer. The legislature finds that coordination and accountability will be improved if general authority Washington law enforcement agencies adopt policies that meet statewide minimum requirements for training, reporting, interagency cooperation, investigation, and collaboration with groups serving victims of domestic violence. The legislature intends to provide maximum flexibility to general authority Washington law enforcement agencies, consistent with the purposes of this act, in their efforts to improve coordination and accountability when incidents of domestic violence committed or allegedly committed by general authority Washington peace officers are reported." [ 2004 c 18 s 1.]
Application—2000 c 119: See note following RCW 10.31.100.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—1991 c 301: "The legislature finds that:
The collective costs to the community for domestic violence include the systematic destruction of individuals and their families, lost lives, lost productivity, and increased health care, criminal justice, and social service costs.
Children growing up in violent homes are deeply affected by the violence as it happens and could be the next generation of batterers and victims.
Many communities have made headway in addressing the effects of domestic violence and have devoted energy and resources to stopping this violence. However, the process for breaking the cycle of abuse is lengthy. No single system intervention is enough in itself.
An integrated system has not been adequately funded and structured to assure access to a wide range of services, including those of the law/safety/justice system, human service system, and health care system. These services need to be coordinated and multidisciplinary in approach and address the needs of victims, batterers, and children from violent homes.
Given the lethal nature of domestic violence and its effect on all within its range, the community has a vested interest in the methods used to stop and prevent future violence. Clear standards of quality are needed so that perpetrator treatment programs receiving public funds or court-ordered referrals can be required to comply with these standards.
While incidents of domestic violence are not caused by perpetrator's use of alcohol and illegal substances, substance abuse may be a contributing factor to domestic violence and the injuries and deaths that result from it.
There is a need for consistent training of professionals who deal frequently with domestic violence or are in a position to identify domestic violence and provide support and information.
Much has been learned about effective interventions in domestic violence situations; however, much is not yet known and further study is required to know how to best stop this violence." [ 1991 c 301 s 1.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 ss 3-10: See note following RCW 9A.04.110.
Domestic violence defined for protection orders: RCW 7.105.010.
(1) The primary duty of peace officers, when responding to a domestic violence situation, is to enforce the laws allegedly violated and to protect the complaining party.
(2)(a) When a peace officer responds to a domestic violence call and has probable cause to believe that a crime has been committed, the peace officer shall exercise arrest powers with reference to the criteria in RCW 10.31.100. The officer shall notify the victim of the victim's right to initiate a criminal proceeding in all cases where the officer has not exercised arrest powers or decided to initiate criminal proceedings by citation or otherwise. The parties in such cases shall also be advised of the importance of preserving evidence.
(b) A peace officer responding to a domestic violence call shall take a complete offense report including the officer's disposition of the case.
(3)(a) A peace officer who responds to a domestic violence call and has probable cause to believe that a crime has been committed shall:
(i) Seize all firearms and ammunition the peace officer has reasonable grounds to believe were used or threatened to be used in the commission of the offense;
(ii) Seize all firearms in plain sight or discovered pursuant to a lawful search; and
(iii) Request consent to take temporary custody of any other firearms and ammunition to which the alleged abuser has access until a judicial officer has heard the matter.
(b) The peace officer shall separate the parties and then inquire of the victim: (i) If there are any firearms or ammunition in the home that are owned or possessed by either party; (ii) if the alleged abuser has access to any other firearms located off-site; and (iii) whether the alleged abuser has an active concealed pistol license, so that there is a complete record for future court proceedings. The inquiry should make clear to the victim that the peace officer is not asking only about whether a firearm was used at the time of the incident but also under other circumstances, such as whether the alleged abuser has kept a firearm in plain sight in a manner that is coercive, has threatened use of firearms in the past, or has additional firearms in a vehicle or other location. Law enforcement personnel may use a pictorial display of common firearms to assist the victim in identifying firearms.
(c) The peace officer shall document all information about firearms and concealed pistol licenses in the incident report. The incident report must be coded to indicate the presence of or access to firearms so that personal recognizance screeners, prosecutors, and judicial officers address the heightened risk to victim, family, and peace officer safety due to the alleged abuser's access to firearms.
(d) A law enforcement agency shall comply with the provisions of RCW 9.41.340 and 9.41.345 before the return of any firearm or ammunition seized under this subsection to the owner or individual from who the firearm or ammunition was obtained.
(4) When a peace officer responds to a domestic violence call:
(a) The officer shall advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community, and giving each person immediate notice of the legal rights and remedies available. The notice shall include handing each person a copy of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county prosecuting attorney to file a criminal complaint. You also have the right to file a petition in superior, district, or municipal court requesting an order for protection from domestic abuse which could include any of the following: (a) An order restraining your abuser from further acts of abuse; (b) an order directing your abuser to leave your household; (c) an order preventing your abuser from entering your residence, school, business, or place of employment; (d) an order awarding you or the other parent custody of or visitation with your minor child or children; (e) an order restraining your abuser from molesting or interfering with minor children in your custody; and (f) an order requiring your abuser to turn in any firearms and concealed pistol license in the abuser's possession or control to law enforcement and prohibiting the abuser from possessing or accessing firearms or a concealed pistol license for the duration of the civil order. The forms you need to obtain a protection order are available in any municipal, district, or superior court.
Information about shelters and alternatives to domestic violence is available from a statewide twenty-four-hour toll-free hotline at (include appropriate phone number). The battered women's shelter and other resources in your area are . . . . . (include local information)"; and
(b) The officer is encouraged to inform victims that information on traumatic brain injury can be found on the statewide website developed under RCW 74.31.070.
(5) The peace officer may offer, arrange, or facilitate transportation for the victim to a hospital for treatment of injuries or to a place of safety or shelter.
(6) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470, or units of local government and its employees, as provided in RCW 36.28A.010, are immune from civil liability for damages arising out of the seizure or lack of seizure of a firearm, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith.
[ 2023 c 470 s 1001. Prior: 2019 c 367 s 1; 2019 c 110 s 2; 2016 c 136 s 5; 1996 c 248 s 6; 1995 c 246 s 22; 1993 c 350 s 3; 1984 c 263 s 21; 1981 c 145 s 5; 1979 ex.s. c 105 s 3. ]
NOTES:
Explanatory statement—2023 c 470: "RCW 1.08.025 directs the code reviser, with the approval of the statute law committee, to prepare legislation for submission to the legislature "concerning deficiencies, conflicts, or obsolete provisions" in statutes. This act makes technical, nonsubstantive amendments as follows:
(1) Part 1 of this act merges multiple amendments created when sections were amended without reference to other amendments made in the same session.
(2) Part 2 of this act updates references in the code to the "department of community, trade, and economic development" with the "department of commerce," in accordance with the renaming of that department by chapter 565, Laws of 2009.
(3) Section 3001 of this act adds an expiration date to amendments to RCW 51.32.099. The underlying section expired June 30, 2016, but expiration dates for three amendatory sections were apparently omitted in error.
(4) Section 3002 of this act repeals an expiration date for 2011 amendments to RCW 74.60.020 and 74.60.090. The repealed expiration date conflicts with the expiration date provided in RCW 74.60.901.
(5) Section 3003 of this act decodifies groups that are no longer active.
(6) Sections 3004 through 3006 of this act reorganize subsection numbering so that distinct criminal penalties are located in separate paragraphs.
(7) Sections 3007 through 3010 of this act correct terminology relating to behavioral health disorders in certain sex offense statutes.
(8) Section 3011 of this act updates a reference to a federal law which was reclassified and renumbered in 2017.
(9) Section 3012 of this act updates a subsection reference in RCW 9A.72.160.
(10) Sections 3013 through 3015 of this act replace instances of the word "marijuana" with "cannabis," in accordance with chapter 16, Laws of 2022.
(11) Section 3016 of this act corrects an erroneous section reference.
(12) Section 3017 of this act changes the term "apartment" to "lot" in a section of chapter 64.38 RCW, relating to homeowners' associations.
(13) Sections 3018 and 3019 of this act correct an erroneous subsection reference.
(14) Sections 3020 and 3021 of this act replace an erroneous usage of the word "county" with "country."
(15) Section 3022 of this act amends cross-references in the interstate compact on educational opportunity for military children." [ 2023 c 470 s 1.]
Findings—1993 c 350: See note following RCW 7.69.020.
(1) All training relating to the handling of domestic violence complaints by law enforcement officers must stress enforcement of criminal laws in domestic situations, availability of community resources, and protection of the victim. Law enforcement agencies and community organizations with expertise in the issue of domestic violence shall cooperate in all aspects of such training.
(2) The criminal justice training commission shall implement by July 28, 2019, a course of instruction for the training of law enforcement officers in Washington in the handling of domestic violence complaints. The basic law enforcement curriculum of the criminal justice training commission must include at least twenty hours of basic training instruction on the law enforcement response to domestic violence. The course of instruction, the learning and performance objectives, and the standards for the training must be developed by the commission and focus on enforcing the criminal laws, safety of the victim, and holding the perpetrator accountable for the violence. The curriculum must include training on the extent and prevalence of domestic violence, the importance of criminal justice intervention, techniques for responding to incidents that minimize the likelihood of officer injury and that promote victim safety, investigation and interviewing skills, evidence gathering and report writing, assistance to and services for victims and children, verification and enforcement of court orders, liability, and any additional provisions that are necessary to carry out the intention of this subsection.
(3) The criminal justice training commission shall develop and update annually an in-service training program to familiarize law enforcement officers with domestic violence laws. The program must include techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of all parties. The commission shall make the training program available to all law enforcement agencies in the state.
(4) Development of the training in subsections (2) and (3) of this section must be conducted in conjunction with agencies having a primary responsibility for serving victims of domestic violence with emergency shelter and other services, and representatives to the statewide organization providing training and education to these organizations and to the general public.
(5) Subject to funds appropriated for this specific purpose:
(a) The curriculum required in subsection (2) of this section must include trauma-informed investigation and interviewing skills, domestic violence homicide prevention, the intersection of firearms and domestic violence, best practices for serving and enforcing protection orders, and assistance to and services for victims and children; and
(b) The in-service training program required in subsection (3) of this section must include training on domestic violence homicide prevention, the intersection of firearms and domestic violence, best practices for serving and enforcing protection orders, and assistance to and services for victims and children.
[ 2023 c 462 s 301; 2019 c 367 s 2. ]
(1) A law enforcement agency shall forward the offense report regarding any incident of domestic violence to the appropriate prosecutor within ten days of making such report if there is probable cause to believe that an offense has been committed, unless the case is under active investigation. Upon receiving the offense report, the prosecuting agency may, in its discretion, choose not to file the information as a domestic violence offense, if the offense was committed against a sibling, parent, stepparent, or grandparent.
(2) Each law enforcement agency shall make as soon as practicable a written record and shall maintain records of all incidents of domestic violence reported to it.
(3) Records kept pursuant to RCW 10.99.030 and this section must be made identifiable by means of a departmental code for domestic violence.
(4) Commencing on July 28, 2019, records of incidents of domestic violence must be submitted, in accordance with procedures described in this subsection, to the Washington association of sheriffs and police chiefs by all law enforcement agencies. The criminal justice training commission shall amend its contract for collection of statewide crime data with the Washington association of sheriffs and police chiefs:
(a) To include a table, in the annual report of crime in Washington produced by the Washington association of sheriffs and police chiefs pursuant to the contract, showing the total number of actual offenses and the number and percent of the offenses that are domestic violence incidents for the following crimes: (i) Criminal homicide, with subtotals for murder and nonnegligent homicide and manslaughter by negligence; (ii) forcible rape, with subtotals for rape by force and attempted forcible rape; (iii) robbery, with subtotals for firearm, knife or cutting instrument, or other dangerous weapon, and strongarm robbery; (iv) assault, with subtotals for firearm, knife or cutting instrument, other dangerous weapon, hands, feet, aggravated, and other nonaggravated assaults; (v) burglary, with subtotals for forcible entry, nonforcible unlawful entry, and attempted forcible entry; (vi) larceny theft, except motor vehicle theft; (vii) motor vehicle theft, with subtotals for autos, trucks and buses, and other vehicles; (viii) arson; and (ix) violations of the provisions of a protection order or no-contact order restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, provided that specific appropriations are subsequently made for the collection and compilation of data regarding violations of protection orders or no-contact orders;
(b) To require that the table shall continue to be prepared and contained in the annual report of crime in Washington until that time as comparable or more detailed information about domestic violence incidents is available through the Washington state incident-based reporting system and the information is prepared and contained in the annual report of crime in Washington; and
(c) To require that, in consultation with interested persons, the Washington association of sheriffs and police chiefs prepare and disseminate procedures to all law enforcement agencies in the state as to how the agencies shall code and report domestic violence incidents to the Washington association of sheriffs and police chiefs.
[ 2019 c 367 s 3. ]
(1) Because of the serious nature of domestic violence, the court in domestic violence actions:
(a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;
(b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;
(c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to the attorney's client the victim's location;
(d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence;
(e) Shall not deny issuance of a no-contact order based on the existence of an applicable civil protection order preventing the defendant from contacting the victim;
(f) When issuing a no-contact order, shall attempt to determine whether there are any other active no-contact orders, protection orders, or restraining orders involving the defendant to assist the court in ensuring that any no-contact order it may impose does not lessen protections imposed by other courts under other such orders; and
(g) Shall not deny issuance of a no-contact order based on the existence of an applicable civil protection order preventing the defendant from contacting the victim.
(2)(a) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim and others. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. The court authorizing release may issue a no-contact order that:
(i) Prohibits the person charged or arrested from making any attempt to contact, including nonphysical contact, the victim or the victim's family or household members, either directly, indirectly, or through a third party;
(ii) Excludes the defendant from a residence shared with the victim, or from a workplace, school, or child care;
(iii) Prohibits the person from knowingly coming within, or knowingly remaining within, a specified distance of a location or vehicle; and
(iv) Includes other related prohibitions to reduce risk of harm.
(b) The court shall verify that the requirements of RCW 10.99.030(3) have been satisfied, including that a sworn statement of a peace officer has been submitted to the court, documenting that the responding peace officers separated the parties and asked the victim or victims at the scene about firearms, other dangerous weapons, and ammunition that the defendant owns or has access to, and whether the defendant has a concealed pistol license. If the sworn statement of a peace officer or other information provided to the court indicates there may be a risk of harm if the defendant has access to firearms, dangerous weapons, or an active concealed pistol license, the court shall verify that peace officers have temporarily removed and secured all the firearms, dangerous weapons, and any concealed pistol license. The court shall then determine whether an order to surrender and prohibit weapons or an extreme risk protection order should be issued pursuant to RCW 9.41.800 or chapter 7.105 RCW, prohibiting the defendant from possessing, purchasing, receiving, having in the defendant's control or custody, accessing, or attempting to purchase or receive, any firearms, dangerous weapons, and any concealed pistol license and shall order the defendant to surrender, and prohibit the defendant from possessing, any firearms, dangerous weapons, and any concealed pistol license as required in RCW 9.41.800, or shall issue an extreme risk protection order as required by chapter 7.105 RCW. The court may make these determinations on the record or off the record with a written explanation when declining to impose the restrictions authorized in this subsection.
(3)(a) At the time of arraignment, the court shall review the defendant's firearms purchase history provided by the prosecutor pursuant to RCW 10.99.045, and any other firearms information provided by law enforcement or court or jail staff, and shall determine whether a no-contact order, an order to surrender and prohibit weapons, or an extreme risk protection order shall be issued or, if previously issued, extended.
(b) So long as the court finds probable cause, the court may issue or extend a no-contact order, an order to surrender and prohibit weapons, or an extreme risk protection order, even if the defendant fails to appear at arraignment. The no-contact order shall terminate if the defendant is acquitted or the charges are dismissed. To the extent the court is aware, the court shall advise the defendant of the ongoing requirements of any other no-contact, restraining, or protection order that remains in effect.
(c) If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring as defined in RCW 9.94A.030. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant pay the costs of the electronic monitoring. If a defendant enters into a deferred prosecution or stipulated order of continuance, the applicable order or agreement may require the defendant pay the costs of the electronic monitoring.
(4)(a) Willful violation of a court order issued under this section is punishable as provided under RCW 7.105.450 or 7.105.460 , or chapter 9.41 RCW.
(b) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under chapter 7.105 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order."
(c) A certified copy of the order shall be provided to the victim.
(5)(a) A peace officer may request, on an ex parte basis and before criminal charges or a petition for a protection order or an extreme risk protection order have been filed, an emergency no-contact order, order to surrender and prohibit weapons, or extreme risk protection order from a judicial officer on behalf of and with the consent of the victim of an alleged act involving domestic violence if the victim is able to provide such consent. If the victim is incapacitated as a result of the alleged act of domestic violence, a peace officer may request an emergency no-contact order, order to surrender and prohibit weapons, or extreme risk protection order on his or her behalf. The request shall be made based upon the sworn statement of a peace officer and may be made in person, by telephone, or by electronic means. If the court finds probable cause to believe that the victim is in imminent danger of domestic violence based on an allegation of the recent commission of an act involving domestic violence, the court shall issue an emergency no-contact order and an order to surrender and prohibit weapons or an extreme risk protection order as required by RCW 9.41.800 or chapter 7.105 RCW. An emergency no-contact order issued by a court will remain in effect until either the court terminates the emergency no-contact order, the court finds probable cause for a referred crime, or an ex parte hearing is held on a petition for a protection order or extreme risk protection order.
(b) If the court issues an order to surrender and prohibit weapons or an extreme risk protection order, and has not verified that peace officers have temporarily removed and secured all firearms and dangerous weapons, and any concealed pistol license, all orders issued by the court must be personally served by a peace officer and the peace officer shall take possession of all firearms, dangerous weapons, and any concealed pistol license belonging to the respondent that are surrendered, in plain sight, or discovered pursuant to a lawful search, as required by RCW 9.41.801.
(c) If the court does not issue an order to surrender and prohibit weapons or an extreme risk protection order, or has verified that all firearms, dangerous weapons, and any concealed pistol license have been temporarily removed by law enforcement, service of the court's orders may be effected electronically. Electronic service must be effected by a law enforcement agency transmitting copies of the petition and any supporting materials filed with the petition, any notice of hearing, and any orders, or relevant materials for motions, to the defendant at the defendant's electronic address or the defendant's electronic account associated with email, text messaging, social media applications, or other technologies. Verification of notice is required and may be accomplished through read-receipt mechanisms, a response, a sworn statement from the person who effected service verifying transmission and any follow-up communications such as email or telephone contact used to further verify, or an appearance by the defendant at a hearing. Sworn proof of service must be filed with the court by the person who effected service.
(d) A no-contact order, order to surrender and prohibit weapons, or extreme risk protection order authorized by telephonic or electronic means shall also be issued in writing as soon as possible and shall state that it may be extended as provided in subsection (3) of this section.
(6) If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed.
(7) Whenever an order is issued, modified, or terminated under this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of notice that an order has been terminated under subsection (3) of this section, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.
(8) For the purposes of this section, and unless context clearly requires otherwise, "emergency no-contact order" means a no-contact order issued by a court of competent jurisdiction before criminal charges have been filed or before a petition for a protection order or extreme risk protection order has been filed.
[ 2023 c 462 s 302; 2023 c 320 s 1; 2021 c 215 s 122; 2019 c 367 s 4; 2015 c 287 s 9; 2012 c 223 s 3; 2010 c 274 s 309; 2000 c 119 s 18; 1997 c 338 s 54; 1996 c 248 s 7; 1995 c 246 s 23; 1994 sp.s. c 7 s 449; 1992 c 86 s 2; 1991 c 301 s 4; 1985 c 303 s 10; 1984 c 263 s 22; 1983 c 232 s 7; 1981 c 145 s 6; 1979 ex.s. c 105 s 4. ]
NOTES:
Reviser's note: This section was amended by 2023 c 320 s 1 and by 2023 c 462 s 302, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Intent—2010 c 274: See note following RCW 10.31.100.
Application—2000 c 119: See note following RCW 10.31.100.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Finding—1991 c 301: See note following RCW 10.99.020.
Severability—1983 c 232: See note following RCW 9.41.010.
Child abuse, temporary restraining order: RCW 26.44.063.
Orders for protection: Chapter 7.105 RCW.
Temporary restraining order: RCW 26.09.060.
(1) A defendant arrested for an offense involving domestic violence as defined by RCW 10.99.020 shall be required to appear in person before a magistrate within one judicial day after the arrest.
(2) A defendant who is charged by citation, complaint, or information with an offense involving domestic violence as defined by RCW 10.99.020 and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than 14 days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.
(3)(a) At the time of the appearances provided in subsection (1) or (2) of this section, the court shall determine the necessity of imposing a no-contact order or other conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment. The court may include in the order any conditions authorized under RCW 9.41.800 and 10.99.040.
(b) For the purposes of (a) of this subsection, the prosecutor shall provide for the court's review:
(i) The defendant's criminal history, if any, that occurred in Washington or any other state;
(ii) If available, the defendant's criminal history that occurred in any tribal jurisdiction;
(iii) The defendant's individual order history; and
(iv) The defendant's firearms purchase history, including any concealed pistol license history.
(c) For the purposes of (b) of this subsection, criminal history includes all previous convictions and orders of deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the period specified in (d) of this subsection before the date of the appearance.
(d) The periods applicable to previous convictions and orders of deferred prosecution are:
(i) One working day, in the case of previous actions of courts that fully participate in the state judicial information system; and
(ii) Seven calendar days, in the case of previous actions of courts that do not fully participate in the judicial information system. For the purposes of this subsection, "fully participate" means regularly providing records to and receiving records from the system by electronic means on a daily basis.
(4) Appearances required pursuant to this section are mandatory and cannot be waived.
(5) The no-contact order shall be issued and entered with the law enforcement agency pursuant to the procedures outlined in *RCW 10.99.040 (2) and (6).
[ 2021 c 215 s 77; 2010 c 274 s 301; 2000 c 119 s 19; 1998 c 55 s 2; 1994 sp.s. c 7 s 450; 1984 c 263 s 23; 1983 c 232 s 8; 1981 c 145 s 7. ]
NOTES:
*Reviser's note: RCW 10.99.040 was amended by 2023 c 320 s 1, changing subsection (6) to subsection (7).
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Intent—2010 c 274: See note following RCW 10.31.100.
Application—2000 c 119: See note following RCW 10.31.100.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Severability—1983 c 232: See note following RCW 9.41.010.
(1) When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant's ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim.
(2)(a) Willful violation of a court order issued under this section is punishable under RCW 7.105.450.
(b) The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 7.105 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.
(c) An order issued pursuant to this section in conjunction with a misdemeanor or gross misdemeanor sentence or juvenile disposition remains in effect for a fixed period of time determined by the court, which may not exceed five years from the date of sentencing or disposition.
(d) An order issued pursuant to this section in conjunction with a felony sentence or juvenile disposition remains in effect for a fixed period of time determined by the court, which may not exceed the adult maximum sentence established in RCW 9A.20.021.
(3) Whenever an order prohibiting contact is issued pursuant to this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.
(4) If an order prohibiting contact issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.
[ 2021 c 215 s 123; 2019 c 263 s 303; 2000 c 119 s 20; 1997 c 338 s 55; 1996 c 248 s 8; 1991 c 301 s 5; 1985 c 303 s 12; 1984 c 263 s 24; 1979 ex.s. c 105 s 5. ]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Findings—Intent—Domestic violence no-contact orders—2019 c 263 ss 302 and 303: "(1) The legislature believes the existing language of RCW 10.99.050 has always authorized courts to issue domestic violence no-contact orders in adult and juvenile cases that last up to the adult statutory maximum in felony cases and up to the maximum period for which an adult sentence can be suspended or deferred in nonfelony cases. However, in State v. Granath, 200 Wn. App. 26, 401 P.3d 405 (2017), aff'd, 190 Wn.2d 548, 415 P.3d 1179 (2018), the court of appeals and supreme court recently interpreted this provision to limit domestic violence no-contact orders in nonfelony sentences to the duration of the defendant's conditions of sentence. The legislature finds that this interpretation inadequately protects victims of domestic violence. The legislature intends to clarify the trial courts' authority to issue no-contact orders that remain in place in adult and juvenile nonfelony cases for the maximum period of time that an adult sentence could be suspended, and in adult and juvenile felony cases for the adult statutory maximum.
(2) The legislature further finds that there is a discrepancy in which sentences for nonfelony domestic violence offenses can be suspended for up to five years in district and municipal courts, but only for up to two years in superior courts in most cases, creating inconsistent protection for victims. The legislature intends to rectify this discrepancy to allow nonfelony domestic violence sentences to be suspended for up to five years in all courts." [ 2019 c 263 s 301.]
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Application—2000 c 119: See note following RCW 10.31.100.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—1991 c 301: See note following RCW 10.99.020.
A peace officer in this state shall enforce an order issued by any court in this state restricting a defendant's ability to have contact with a victim by arresting and taking the defendant into custody, pending release on bail, personal recognizance, or court order, when the officer has probable cause to believe that the defendant has violated the terms of that order.
[ 1984 c 263 s 25; 1983 c 232 s 9; 1981 c 145 s 8. ]
NOTES:
Severability—1983 c 232: See note following RCW 9.41.010.
The public attorney responsible for making the decision whether or not to prosecute shall advise the victim of that decision within five days, and, prior to making that decision shall advise the victim, upon the victim's request, of the status of the case. Notification to the victim that charges will not be filed shall include a description of the procedures available to the victim in that jurisdiction to initiate a criminal proceeding.
[ 1979 ex.s. c 105 s 6. ]
A peace officer shall not be held liable in any civil action for an arrest based on probable cause, enforcement in good faith of a court order, or any other action or omission in good faith under this chapter arising from an alleged incident of domestic violence brought by any party to the incident.
[ 1979 ex.s. c 105 s 7. ]
(1) All superior courts, and courts organized under Title 3 or 35 RCW, may impose a penalty of one hundred dollars, plus an additional fifteen dollars on any adult offender convicted of a crime involving domestic violence; in no case shall a penalty assessment exceed one hundred fifteen dollars on any adult offender convicted of a crime involving domestic violence. The assessment shall be in addition to, and shall not supersede, any other penalty, restitution, fines, or costs provided by law.
(2) Revenue from the:
(a) One hundred dollar assessment shall be used solely for the purposes of establishing and funding domestic violence advocacy and domestic violence prevention and prosecution programs in the city or county of the court imposing the assessment. Such revenue from the assessment shall not be used for indigent criminal defense. If the city or county does not have domestic violence advocacy or domestic violence prevention and prosecution programs, cities and counties may use the revenue collected from the assessment to contract with recognized community-based domestic violence program providers.
(b) Fifteen dollar assessment must be remitted monthly to the state treasury for deposit in the domestic violence prevention account.
(3) The one hundred dollar assessment imposed under this section shall not be subject to any state or local remittance requirements under chapter 3.46, 3.50, 3.62, 7.68, 10.82, or 35.20 RCW.
(4) For the purposes of this section, "convicted" includes a plea of guilty, a finding of guilt regardless of whether the imposition of the sentence is deferred or any part of the penalty is suspended, or the levying of a fine. For the purposes of this section, "domestic violence" has the same meaning as that term is defined under RCW 10.99.020 and includes violations of equivalent local ordinances.
(5) When determining whether to impose a penalty assessment under this section, judges are encouraged to solicit input from the victim or representatives for the victim in assessing the ability of the convicted offender to pay the penalty, including information regarding current financial obligations, family circumstances, and ongoing restitution.
[ 2023 c 470 s 1003. Prior: 2015 c 275 s 14; 2015 c 265 s 24; 2004 c 15 s 2. ]
NOTES:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Intent—2004 c 15: "The legislature recognizes that domestic violence is a growing and more visible public safety problem in Washington state than ever before, and that domestic violence-related incidents have a significant bearing on overall law enforcement and court caseloads. The legislature further recognizes the growing costs associated with domestic violence prevention and advocacy programs established by local governments and by community-based organizations.
It is the legislature's intent to establish a penalty in law that will hold convicted domestic violence offenders accountable while requiring them to pay penalties to offset the costs of domestic violence advocacy and prevention programs. It is the legislature's intent that the penalties imposed against convicted domestic violence offenders under section 2 of this act be used for established domestic violence prevention and prosecution programs. It is the legislature's intent that the revenue from the penalty assessment shall be in addition to existing sources of funding to enhance or help prevent the reduction and elimination of domestic violence prevention and prosecution programs." [ 2004 c 15 s 1.]
(1) By December 1, 2004, the association shall develop a written model policy on domestic violence committed or allegedly committed by sworn employees of agencies. In developing the policy, the association shall convene a work group consisting of representatives from the following entities and professions:
(a) Statewide organizations representing state and local enforcement officers;
(b) A statewide organization providing training and education for agencies having the primary responsibility of serving victims of domestic violence with emergency shelter and other services; and
(c) Any other organization or profession the association determines to be appropriate.
(2) Members of the work group shall serve without compensation.
(3) The model policy shall provide due process for employees and, at a minimum, meet the following standards:
(a) Provide prehire screening procedures reasonably calculated to disclose whether an applicant for a sworn employee position:
(i) Has committed or, based on credible sources, has been accused of committing an act of domestic violence;
(ii) Is currently being investigated for an allegation of child abuse or neglect or has previously been investigated for founded allegations of child abuse or neglect; or
(iii) Is currently or has previously been subject to any order under RCW 26.44.063, this chapter, former chapter 10.14 RCW or former chapter 26.50 RCW, or to a domestic violence protection order or antiharassment protection order under chapter 7.105 RCW, or any equivalent order issued by another state or tribal court;
(b) Provide for the mandatory, immediate response to acts or allegations of domestic violence committed or allegedly committed by a sworn employee of an agency;
(c) Provide to a sworn employee, upon the request of the sworn employee or when the sworn employee has been alleged to have committed an act of domestic violence, information on programs under RCW 43.20A.735;
(d) Provide for the mandatory, immediate reporting by employees when an employee becomes aware of an allegation of domestic violence committed or allegedly committed by a sworn employee of the agency employing the sworn employee;
(e) Provide procedures to address reporting by an employee who is the victim of domestic violence committed or allegedly committed by a sworn employee of an agency;
(f) Provide for the mandatory, immediate self-reporting by a sworn employee to his or her employing agency when an agency in any jurisdiction has responded to a domestic violence call in which the sworn employee committed or allegedly committed an act of domestic violence;
(g) Provide for the mandatory, immediate self-reporting by a sworn employee to his or her employing agency if the employee is currently being investigated for an allegation of child abuse or neglect or has previously been investigated for founded allegations of child abuse or neglect, or is currently or has previously been subject to any order under RCW 26.44.063, this chapter, former chapter 10.14 RCW or former chapter 26.50 RCW, or to a domestic violence protection order or antiharassment protection order under chapter 7.105 RCW, or any equivalent order issued by another state or tribal court;
(h) Provide for the performance of prompt separate and impartial administrative and criminal investigations of acts or allegations of domestic violence committed or allegedly committed by a sworn employee of an agency;
(i) Provide for appropriate action to be taken during an administrative or criminal investigation of acts or allegations of domestic violence committed or allegedly committed by a sworn employee of an agency. The policy shall provide procedures to address, in a manner consistent with applicable law and the agency's ability to maintain public safety within its jurisdiction, whether to relieve the sworn employee of agency-issued weapons and other agency-issued property and whether to suspend the sworn employee's power of arrest or other police powers pending resolution of any investigation;
(j) Provide for prompt and appropriate discipline or sanctions when, after an agency investigation, it is determined that a sworn employee has committed an act of domestic violence;
(k) Provide that, when there has been an allegation of domestic violence committed or allegedly committed by a sworn employee, the agency immediately make available to the alleged victim the following information:
(i) The agency's written policy on domestic violence committed or allegedly committed by sworn employees;
(ii) Information, including but not limited to contact information, about public and private nonprofit domestic violence advocates and services; and
(iii) Information regarding relevant confidentiality policies related to the victim's information;
(l) Provide procedures for the timely response, consistent with chapters 42.56 and 10.97 RCW, to an alleged victim's inquiries into the status of the administrative investigation and the procedures the agency will follow in an investigation of domestic violence committed or allegedly committed by a sworn employee;
(m) Provide procedures requiring an agency to immediately notify the employing agency of a sworn employee when the notifying agency becomes aware of acts or allegations of domestic violence committed or allegedly committed by the sworn employee within the jurisdiction of the notifying agency; and
(n) Provide procedures for agencies to access and share domestic violence training within their jurisdiction and with other jurisdictions.
(4) By June 1, 2005, every agency shall adopt and implement a written policy on domestic violence committed or allegedly committed by sworn employees of the agency that meet the minimum standards specified in this section. In lieu of developing its own policy, the agency may adopt the model policy developed by the association under this section. In developing its own policy, or before adopting the model policy, the agency shall consult public and private nonprofit domestic violence advocates and any other organizations and professions the agency finds appropriate.
(5)(a) Except as provided in this section, not later than June 30, 2006, every sworn employee of an agency shall be trained by the agency on the agency's policy required under this section.
(b) Sworn employees hired by an agency on or after March 1, 2006, shall, within six months of beginning employment, be trained by the agency on the agency's policy required under this section.
(6)(a) By June 1, 2005, every agency shall provide a copy of its policy developed under this section to the association and shall provide a statement notifying the association of whether the agency has complied with the training required under this section. The copy and statement shall be provided in electronic format unless the agency is unable to do so. The agency shall provide the association with any revisions to the policy upon adoption.
(b) The association shall maintain a copy of each agency's policy and shall provide to the governor and legislature not later than January 1, 2006, a list of those agencies that have not developed and submitted policies and those agencies that have not stated their compliance with the training required under this section.
(c) The association shall, upon request and within its resources, provide technical assistance to agencies in developing their policies.
[ 2021 c 215 s 124; 2005 c 274 s 209; 2004 c 18 s 3. ]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Findings—Intent—2004 c 18: See note following RCW 10.99.020.
(1) In sentencing for a crime of domestic violence as defined in this chapter, courts of limited jurisdiction shall consider, among other factors, whether:
(a) The defendant suffered a continuing pattern of coercion, control, or abuse by the victim of the offense and the offense is a response to that coercion, control, or abuse;
(b) The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of a victim or multiple victims manifested by multiple incidents over a prolonged period of time; and
(c) The offense occurred within sight or sound of the victim's or the offender's minor children under the age of eighteen years.
(2)(a) In sentencing for a crime of domestic violence as defined in this chapter, the prosecutor shall provide for the court's review:
(i) The defendant's criminal history, if any, that occurred in Washington or any other state;
(ii) If available, the defendant's prior criminal history that occurred in any tribal jurisdiction; and
(iii) The defendant's individual order history.
(b) For the purposes of (a) of this subsection, criminal history includes all previous convictions and orders of deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the period specified in (c) of this subsection before the date of sentencing.
(c) The periods applicable to previous convictions and orders of deferred prosecution are:
(i) One working day, in the case of previous actions of courts that fully participate in the state judicial information system; and
(ii) Seven calendar days, in the case of previous actions of courts that do not fully participate in the judicial information system. For the purposes of this subsection, "fully participate" means regularly providing records to and receiving records from the system by electronic means on a daily basis.
[ 2010 c 274 s 404. ]
NOTES:
Intent—2010 c 274: See note following RCW 10.31.100.
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 29. ]
The legislature finds that effective legal representation must be provided for indigent persons and persons who are indigent and able to contribute, consistent with the constitutional requirements of fairness, equal protection, and due process in all cases where the right to counsel attaches.
[ 2005 c 157 s 1; 1989 c 409 s 1. ]
The following definitions shall be applied in connection with this chapter:
(1) "Anticipated cost of counsel" means the cost of retaining private counsel for representation on the matter before the court.
(2) "Available funds" means liquid assets and disposable net monthly income calculated after provision is made for bail obligations. For the purpose of determining available funds, the following definitions shall apply:
(a) "Liquid assets" means cash, savings accounts, bank accounts, stocks, bonds, certificates of deposit, equity in real estate, and equity in motor vehicles. A motor vehicle necessary to maintain employment and having a market value not greater than three thousand dollars shall not be considered a liquid asset.
(b) "Income" means salary, wages, interest, dividends, and other earnings which are reportable for federal income tax purposes, and cash payments such as reimbursements received from pensions, annuities, social security, and public assistance programs. It includes any contribution received from any family member or other person who is domiciled in the same residence as the defendant and who is helping to defray the defendant's basic living costs.
(c) "Disposable net monthly income" means the income remaining each month after deducting federal, state, or local income taxes, social security taxes, contributory retirement, union dues, and basic living costs.
(d) "Basic living costs" means the average monthly amount spent by the defendant for reasonable payments toward living costs, such as shelter, food, utilities, health care, transportation, clothing, loan payments, support payments, and court-imposed obligations.
(3) "Indigent" means a person who, at any stage of a court proceeding, is:
(a) Receiving one of the following types of public assistance: Temporary assistance for needy families, aged, blind, or disabled assistance benefits, medical care services under RCW 74.09.035, pregnant women assistance benefits, poverty-related veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, medicaid, or supplemental security income; or
(b) Involuntarily committed to a public mental health facility; or
(c) Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the current federally established poverty level; or
(d) Unable to pay the anticipated cost of counsel for the matter before the court because his or her available funds are insufficient to pay any amount for the retention of counsel.
(4) "Indigent and able to contribute" means a person who, at any stage of a court proceeding, is unable to pay the anticipated cost of counsel for the matter before the court because his or her available funds are less than the anticipated cost of counsel but sufficient for the person to pay a portion of that cost.
[ 2011 1st sp.s. c 36 s 12; 2010 1st sp.s. c 8 s 12; 1998 c 79 s 2; 1997 c 59 s 3; 1989 c 409 s 2. ]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8: See notes following RCW 74.04.225.
(1) A determination of indigency shall be made for all persons wishing the appointment of counsel in criminal, juvenile, involuntary commitment, and dependency cases, and any other case where the right to counsel attaches. The court or its designee shall determine whether the person is indigent pursuant to the standards set forth in this chapter.
(2) In making the determination of indigency, the court shall also consider the anticipated length and complexity of the proceedings and the usual and customary charges of an attorney in the community for rendering services, and any other circumstances presented to the court which are relevant to the issue of indigency. The appointment of counsel shall not be denied to the person because the person's friends or relatives, other than a spouse who was not the victim of any offense or offenses allegedly committed by the person, have resources adequate to retain counsel, or because the person has posted or is capable of posting bond.
(3) The determination of indigency shall be made upon the defendant's initial contact with the court or at the earliest time circumstances permit. The court or its designee shall keep a written record of the determination of indigency. Any information given by the accused under this section or sections shall be confidential and shall not be available for use by the prosecution in the pending case.
(4) If a determination of eligibility cannot be made before the time when the first services are to be rendered, the court shall appoint an attorney on a provisional basis. If the court subsequently determines that the person receiving the services is ineligible, the court shall notify the person of the termination of services, subject to court-ordered reinstatement.
(5) All persons determined to be indigent and able to contribute, shall be required to execute a promissory note at the time counsel is appointed. The person shall be informed whether payment shall be made in the form of a lump sum payment or periodic payments. The payment and payment schedule must be set forth in writing. The person receiving the appointment of counsel shall also sign an affidavit swearing under penalty of perjury that all income and assets reported are complete and accurate. In addition, the person must swear in the affidavit to immediately report any change in financial status to the court.
(6) The office or individual charged by the court to make the determination of indigency shall provide a written report and opinion as to indigency on a form prescribed by the office of public defense, based on information obtained from the defendant and subject to verification. The form shall include information necessary to provide a basis for making a determination with respect to indigency as provided by this chapter.
[ 1997 c 41 s 5; 1989 c 409 s 3. ]
Each county or city under this chapter shall adopt standards for the delivery of public defense services, whether those services are provided by contract, assigned counsel, or a public defender office. Standards shall include the following: Compensation of counsel, duties and responsibilities of counsel, case load limits and types of cases, responsibility for expert witness fees and other costs associated with representation, administrative expenses, support services, reports of attorney activity and vouchers, training, supervision, monitoring and evaluation of attorneys, substitution of attorneys or assignment of contracts, limitations on private practice of contract attorneys, qualifications of attorneys, disposition of client complaints, cause for termination of contract or removal of attorney, and nondiscrimination. The standards endorsed by the Washington state bar association for the provision of public defense services should serve as guidelines to local legislative authorities in adopting standards.
[ 2005 c 157 s 2; 1989 c 409 s 4. ]
City attorneys, county prosecutors, and law enforcement officers shall not select the attorneys who will provide indigent defense services.
[ 1989 c 409 s 5. ]
The Washington state office of public defense shall disburse appropriated funds to counties and cities for the purpose of improving the quality of public defense services. Counties may apply for up to their pro rata share as set forth in RCW 10.101.060 provided that counties conform to application procedures established by the office of public defense and improve the quality of services for both juveniles and adults. Cities may apply for moneys pursuant to the grant program set forth in RCW 10.101.080. In order to receive funds, each applying county or city must require that attorneys providing public defense services attend training approved by the office of public defense at least once per calendar year. Each applying county or city shall report the expenditure for all public defense services in the previous calendar year, as well as case statistics for that year, including per attorney caseloads, and shall provide a copy of each current public defense contract to the office of public defense with its application. Each individual or organization that contracts to perform public defense services for a county or city shall report to the county or city hours billed for nonpublic defense legal services in the previous calendar year, including number and types of private cases.
[ 2005 c 157 s 3. ]
(1)(a) Subject to the availability of funds appropriated for this purpose, the office of public defense shall disburse to applying counties that meet the requirements of RCW 10.101.050 designated funds under this chapter on a pro rata basis pursuant to the formula set forth in RCW 10.101.070 and shall disburse to eligible cities, funds pursuant to RCW 10.101.080. Each fiscal year for which it receives state funds under this chapter, a county or city must document to the office of public defense that it is meeting the standards for provision of indigent defense services as endorsed by the Washington state bar association or that the funds received under this chapter have been used to make appreciable demonstrable improvements in the delivery of public defense services, including the following:
(i) Adoption by ordinance of a legal representation plan that addresses the factors in RCW 10.101.030. The plan must apply to any contract or agency providing indigent defense services for the county or city;
(ii) Requiring attorneys who provide public defense services to attend training under RCW 10.101.050;
(iii) Requiring attorneys who handle the most serious cases to meet specified qualifications as set forth in the Washington state bar association endorsed standards for public defense services or participate in at least one case consultation per case with office of public defense resource attorneys who are so qualified. The most serious cases include all cases of murder in the first or second degree, persistent offender cases, and class A felonies. This subsection (1)(a)(iii) does not apply to cities receiving funds under RCW 10.101.050 through 10.101.080;
(iv) Requiring contracts to address the subject of compensation for extraordinary cases;
(v) Identifying funding specifically for the purpose of paying experts (A) for which public defense attorneys may file ex parte motions, or (B) which should be specifically designated within a public defender agency budget;
(vi) Identifying funding specifically for the purpose of paying investigators (A) for which public defense attorneys may file ex parte motions, and (B) which should be specifically designated within a public defender agency budget.
(b) The cost of providing counsel in cases where there is a conflict of interest shall not be borne by the attorney or agency who has the conflict.
(2) The office of public defense shall determine eligibility of counties and cities to receive state funds under this chapter. If a determination is made that a county or city receiving state funds under this chapter did not substantially comply with this section, the office of public defense shall notify the county or city of the failure to comply and unless the county or city contacts the office of public defense and substantially corrects the deficiencies within ninety days after the date of notice, or some other mutually agreed period of time, the county's or city's eligibility to continue receiving funds under this chapter is terminated. If an applying county or city disagrees with the determination of the office of public defense as to the county's or city's eligibility, the county or city may file an appeal with the advisory committee of the office of public defense within thirty days of the eligibility determination. The decision of the advisory committee is final.
[ 2005 c 157 s 4. ]
The moneys shall be distributed to each county determined to be eligible to receive moneys by the office of public defense as determined under this section. Ninety percent of the funding appropriated shall be designated as "county moneys" and shall be distributed as follows:
(1) Six percent of the county moneys appropriated shall be distributed as a base allocation among the eligible counties. A county's base allocation shall be equal to this six percent divided by the total number of eligible counties.
(2) Ninety-four percent of the county moneys appropriated shall be distributed among the eligible counties as follows:
(a) Fifty percent of this amount shall be distributed on a pro rata basis to each eligible county based upon the population of the county as a percentage of the total population of all eligible counties; and
(b) Fifty percent of this amount shall be distributed on a pro rata basis to each eligible county based upon the annual number of criminal cases filed in the county superior court as a percentage of the total annual number of criminal cases filed in the superior courts of all eligible counties.
(3) Under this section:
(a) The population of the county is the most recent number determined by the office of financial management;
(b) The annual number of criminal cases filed in the county superior court is determined by the most recent annual report of the courts of Washington, as published by the office of the administrator for the courts;
(c) Distributions and eligibility for distributions in the 2005-2007 biennium shall be based on 2004 figures for the annual number of criminal cases that are filed as described under (b) of this subsection. Future distributions shall be based on the most recent figures for the annual number of criminal cases that are filed as described under (b) of this subsection.
[ 2005 c 157 s 5. ]
The moneys under RCW 10.101.050 shall be distributed to each city determined to be eligible under this section by the office of public defense. Ten percent of the funding appropriated shall be designated as "city moneys" and distributed as follows:
(1) The office of public defense shall administer a grant program to select the cities eligible to receive city moneys. Incorporated cities may apply for grants. Applying cities must conform to the requirements of RCW 10.101.050 and 10.101.060.
(2) City moneys shall be distributed in a timely manner to accomplish the goals of the grants.
(3) Criteria for award of grants shall be established by the office of public defense after soliciting input from the association of Washington cities. Award of the grants shall be determined by the office of public defense.
[ 2007 c 59 s 1; 2005 c 157 s 6. ]
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 30. ]
(1) The following are subject to seizure and forfeiture and no property right exists in them: All personal property, including, but not limited to, any item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, security, or negotiable instrument, which has been or was actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of any felony, or which was furnished or was intended to be furnished by any person in the commission of, as a result of, or as compensation for the commission of, any felony, or which was acquired in whole or in part with proceeds traceable to the commission of a felony. No property may be forfeited under this section until after there has been a superior court conviction of the owner of the property for the felony in connection with which the property was employed, furnished, or acquired.
A forfeiture of property encumbered by a bona fide security interest is subject to the interest of the secured party if at the time the security interest was created, the secured party neither had knowledge of nor consented to the commission of the felony.
(2) Personal property subject to forfeiture under this chapter may be seized by any law enforcement officer of this state upon process issued by any superior court having jurisdiction over the property. Seizure of personal property without process may be made if:
(a) The seizure is incident to an arrest or a search under a search warrant;
(b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding;
(c) A law enforcement officer has probable cause to believe that the property is directly dangerous to health or safety; or
(d) The law enforcement officer has probable cause to believe that the property was used or is intended to be used in the commission of a felony.
(3) In the event of seizure pursuant to this section, proceedings for forfeiture are governed by chapter 7.120 RCW.
(4) When property is seized under this chapter and forfeited pursuant to chapter 7.120 RCW, the seizing agency must use or dispose of the property as permitted under RCW 7.120.040.
[ 2025 c 306 s 9; 2022 c 162 s 3; 2009 c 479 s 15; 1993 c 288 s 2. ]
NOTES:
Application—Effective date—2025 c 306: See notes following RCW 7.120.010.
Effective date—2022 c 162: See note following RCW 69.50.505.
Effective date—2009 c 479: See note following RCW 2.56.030.
This chapter does not apply to property subject to forfeiture under chapter 66.32 RCW, RCW 69.50.505, 9.41.098, 9.46.231, 9A.82.100, 9A.83.030, or 77.15.070.
[ 2023 c 102 s 9; 2003 c 39 s 6; 1994 c 218 s 18; 1993 c 288 s 1. ]
NOTES:
Effective date—1994 c 218: See note following RCW 9.46.010.
There is currently no system in place in Washington state to expedite the apprehension of violent criminals who seriously injure or kill local, state, or federal law enforcement officers. Other states have adopted blue alert systems to achieve this objective. The legislature declares that it is necessary to create a statewide blue alert system to speed the apprehension of violent criminals who kill or seriously injure local, state, or federal law enforcement officers.
[ 2012 c 37 s 1. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Blue alert system" means a quick response system designed to issue and coordinate alerts following an attack upon a law enforcement officer.
(2) "Investigating law enforcement agency" means the law enforcement agency that has primary jurisdiction over the area or has been delegated and accepted investigatory responsibility in which a law enforcement officer has been seriously injured or killed.
(3) "Law enforcement agency" means a general [authority Washington] law enforcement agency as defined in RCW 10.93.020 and a limited [authority Washington] law enforcement agency as defined in RCW 10.93.020. Such agencies shall include, but are not limited to, the following:
(a) The Washington state patrol;
(b) All law enforcement agencies and police departments of any political subdivision of the state; and
(c) The department of corrections.
(4) "Law enforcement officer" includes police officers, the attorney general and the attorney general's deputies, sheriffs and their regular deputies, corrections officers, tribal law enforcement officers, park rangers, state fire marshals, municipal fire marshals, sworn members of the city fire departments, county and district firefighters, and agents of the department of fish and wildlife. "Law enforcement officer" also includes an employee of a federal governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and who has statutory powers of arrest.
(5) "Officer's employing law enforcement agency" means the law enforcement agency by which the officer is employed.
[ 2012 c 37 s 2. ]
(1) Within existing resources, the Washington state patrol, in partnership with the Washington association of sheriffs and police chiefs, shall develop and implement a plan, commonly known as a blue alert system, consistent with the Amber alert program, endangered missing person advisory plan, and the missing person clearinghouse, for voluntary cooperation between local, state, tribal, and other law enforcement agencies, state government agencies, radio and television stations, and cable and satellite systems to enhance the public's ability to assist in apprehending persons suspected of killing or seriously injuring a law enforcement officer. The blue alert system shall include the following:
(a) Procedures to provide support to the investigating law enforcement agency as a resource for the receipt and dissemination of information regarding the suspect and the suspect's whereabouts and/or method of escape;
(b) The process for reporting the information to designated media outlets in Washington; and
(c) Criteria for the investigating law enforcement agency to determine quickly whether an officer has been seriously injured or killed and a blue alert therefore needs to be requested.
(2) The investigating law enforcement agency may request activation of the blue alert system and notify appropriate participants in the blue alert system, when the investigating law enforcement agency believes that:
(a) A suspect has not been apprehended;
(b) A suspect may be a serious threat to the public;
(c) Sufficient information is available to disseminate to the public that could assist in locating and apprehending the suspect;
(d) Release of the information will not compromise the investigation; and
(e) Criteria to ensure that releasing the victim information is proper, as to avoid improper next of kin notification.
(3) When a blue alert is activated, the investigating law enforcement agency shall provide descriptive information under the criminal justice information act, chapter 10.98 RCW, and the national crime information center system.
(4) The investigating law enforcement agency shall terminate the blue alert with respect to a particular suspect when the suspect is located or the incident is otherwise resolved, or when the investigating law enforcement agency determines that the blue alert system is no longer an effective tool for locating and apprehending the suspect.
[ 2012 c 37 s 3. ]
No cause of action shall be maintained for civil damages in any court of this state against any radio or television broadcasting station or cable television system, or the employees, officers, directors, managers, or agents of the radio or television broadcasting station or cable television system, based on the broadcast of information supplied by law enforcement officials pursuant to the provisions of this chapter. Nothing in this section shall be construed to limit or restrict in any way any immunity or privilege a radio or television broadcasting station or cable television system may have under statute or common law for broadcasting or otherwise disseminating information.
[ 2012 c 37 s 4. ]
(1) A law enforcement or corrections agency that deploys body worn cameras must establish policies regarding the use of the cameras. The policies must, at a minimum, address:
(a) When a body worn camera must be activated and deactivated, and when a law enforcement or corrections officer has the discretion to activate and deactivate the body worn camera;
(b) How a law enforcement or corrections officer is to respond to circumstances when it would be reasonably anticipated that a person may be unwilling or less willing to communicate with an officer who is recording the communication with a body worn camera;
(c) How a law enforcement or corrections officer will document when and why a body worn camera was deactivated prior to the conclusion of an interaction with a member of the public while conducting official law enforcement or corrections business;
(d) How, and under what circumstances, a law enforcement or corrections officer is to inform a member of the public that he or she is being recorded, including in situations where the person is a non-English speaker or has limited English proficiency, or where the person is deaf or hard of hearing;
(e) How officers are to be trained on body worn camera usage and how frequently the training is to be reviewed or renewed; and
(f) Security rules to protect data collected and stored from body worn cameras.
(2) A law enforcement or corrections agency that deploys body worn cameras before June 9, 2016, must establish the policies within one hundred twenty days of June 9, 2016. A law enforcement or corrections agency that deploys body worn cameras on or after June 9, 2016, must establish the policies before deploying body worn cameras.
[ 2018 c 285 s 2; 2016 c 163 s 5. ]
NOTES:
Finding—Intent—2016 c 163: See note following RCW 42.56.240.
For a city or town that is not deploying body worn cameras on June 9, 2016, a legislative authority of a city or town is strongly encouraged to adopt an ordinance or resolution authorizing the use of body worn cameras prior to their use by law enforcement or a corrections agency. Any ordinance or resolution authorizing the use of body worn cameras should identify a community involvement process for providing input into the development of operational policies governing the use of body worn cameras.
[ 2016 c 163 s 6. ]
NOTES:
Finding—Intent—2016 c 163: See note following RCW 42.56.240.
For state and local agencies, a body worn camera may only be used by officers employed by a general authority Washington law enforcement agency as defined in RCW 10.93.020, any officer employed by the department of corrections, and personnel for jails as defined in RCW 70.48.020 and detention facilities as defined in RCW 13.40.020.
[ 2018 c 285 s 3; 2016 c 163 s 8. ]
NOTES:
Finding—Intent—2016 c 163: See note following RCW 42.56.240.
For purposes of this chapter, "officer" means a law enforcement officer, corrections officer, or guard supplied by a law enforcement or corrections agency.
[ 2015 c 267 s 6. ]
Any individual in custody for a violent offense or a sex offense as those terms are defined in RCW 9.94A.030 who is brought by, or accompanied by, an officer to a hospital must continue to be accompanied or otherwise secured by an officer during the time that the individual is receiving care at the hospital. However, this section does not apply to an individual being supervised by the department of corrections if the individual's custody is the result solely of a sanction imposed by the department of corrections, the indeterminate sentence review board, or the court, in response to a violation of conditions.
[ 2015 c 267 s 1. ]
(1) An individual receiving medical care under this section need not continue to be accompanied or otherwise secured if:
(a) The individual's medical care provider so indicates; or
(b) The officer determines, using his or her best judgment, that:
(i) The individual does not present an imminent and significant risk of causing physical harm to themselves or another person;
(ii) There is no longer sufficient evidentiary basis to maintain the individual in custody; or
(iii) In the interest of public safety, the presence of the officer is urgently required at another location and the officer determines, using his or her best judgment and in consultation with his or her supervisor, if available on duty, that the public safety interest outweighs the need to accompany or secure the individual in the hospital.
(2)(a) In the event that a medical care provider determines the individual need not be accompanied or otherwise secured pursuant to subsection (1)(a) of this section, the officer has no ongoing duty to accompany or otherwise secure the individual for the duration of their treatment by the hospital. When a medical care provider indicates that a person need not be accompanied or otherwise secured, the hospital must notify the officer or the officer's designee when the individual is expected to be released by the hospital.
(b) If, after a medical provider indicates that the individual need not be accompanied or otherwise secured pursuant to subsection (1)(a) of this section, the individual demonstrates behavior that presents an imminent and significant risk of causing physical harm to themselves or others and the physical condition of the individual renders the individual capable of causing physical harm to themselves or others, the hospital may request the presence of an officer to guard or otherwise accompany the individual, in which case subsection (1)(a) and (b) of this section still apply.
(3) In the event the officer determines the individual need not be accompanied or otherwise secured pursuant to subsection (1)(b)(i) or (ii) of this section, the officer must notify the medical care provider that the officer is leaving the individual unattended or unsecured, in which case the hospital has no duty to notify the officer when the individual is, or expected to be, released from the hospital.
(4) In the event that the officer is urgently required at another location pursuant to subsection (1)(b)(iii) of this section, the officer must notify the medical care provider or, if an immediate departure is required, other hospital staff member that the officer is leaving the individual unattended or unsecured and make a reasonable effort to ensure a replacement officer or other means of accompanying or securing the individual as soon as reasonably possible under the circumstances. The hospital must notify the officer or the officer's designee if the individual is, or is expected to be, released from the hospital prior to the officer or a replacement officer returning to resume accompanying or otherwise securing the individual.
(5) Except for actions or omissions constituting gross negligence or willful misconduct, the hospital and health care providers as defined in chapter 18.130 RCW are immune from liability, including civil liability, professional conduct sanctions, and administrative actions resulting from the individual not being accompanied or secured.
[ 2015 c 267 s 2. ]
In a case where an individual accompanied or otherwise secured by an officer pursuant to chapter 267, Laws of 2015 is waiting for treatment in a hospital emergency department, the hospital shall see the patient in as expeditious a manner as possible, while taking into consideration best triage practices and federal and state legal obligations regarding appropriate screening and treatment of patients.
[ 2015 c 267 s 3. ]
The provisions of chapter 267, Laws of 2015 do not constitute a special relationship exception to the public duty doctrine. Officers and their employing departments and agencies and representatives are immune from civil liability arising out of the failure to comply with chapter 267, Laws of 2015, unless it is shown that, in the totality of the circumstances, the officer, employing department, agency, or representative acted with gross negligence or bad faith.
[ 2015 c 267 s 4. ]
Nothing in this chapter changes the standards of care with regard to the use of restraints on pregnant women or youth in custody as codified in chapters 70.48 and 72.09 RCW.
[ 2015 c 267 s 5. ]
(1) In a criminal investigation of an offense involving the sexual exploitation of children under chapter 9.68A RCW, the prosecuting attorney shall use the special inquiry judge process established under chapter 10.27 RCW when the prosecuting attorney determines it is necessary to the investigation to subpoena a provider of electronic communication services or remote computing services to obtain records relevant to the investigation, including, but not limited to, records or information that provide the following subscriber or customer information: (a) Name and address; (b) local and long distance telephone connection records, or records of session times and durations; (c) length of service and types of service utilized; (d) telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (e) means and source of payment for such service, including any credit card or bank account number.
(2) A provider who receives a subpoena for records as provided under subsection (1) of this section may not disclose the existence of the subpoena to the subscribers or customers whose records or information are requested or released under the subpoena.
(3) For the purposes of this section:
(a) "Electronic communication service" means any service that provides to users the ability to send or receive wire or electronic communications.
(b) "Provider" means a provider of electronic communication services or remote computing services.
(c) "Remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communications system.
[ 2017 c 114 s 2. ]
NOTES:
Findings—2017 c 114: "The legislature must continue to act to aid law enforcement in their efforts to prevent the unthinkable acts of sexual abuse of children and the horrendous social and emotional trauma experienced by victims of child pornography by expanding the tools available for law enforcement. The legislature finds that the expansion of the internet and computer-related technologies have led to a dramatic increase in the production and availability of child pornography by simplifying how it can be created, distributed, and collected. Between 2005 and 2009, the national center for missing and exploited children's child victim identification program has seen a four hundred thirty-two percent increase in child pornography films and files submitted for identification of the children depicted. The United States department of justice estimates that pornographers have recorded the abuse of more than one million children in the United States alone. Furthermore, there is a direct correlation between individuals who possess, download, and trade graphic images of child pornography and those who molest children. A well-known study conducted by crimes against children research center for the national center for missing and exploited children concluded that an estimated forty percent of those who possess child pornography have also directly victimized a child and fifteen percent have attempted to entice a child over the internet.
Victims of child pornography often experience severe and lasting harm from the permanent memorialization of the crimes committed against them. Child victims endure depression, withdrawal, anger, and other psychological disorders. Each and every time such an image is viewed, traded, printed, or downloaded, the child in that image is victimized again.
Investigators and prosecutors report serious challenges with combating child pornography because offenders can act anonymously on the internet. Investigators track the trading of child pornography by using internet protocol addresses, which are unique identifiers that each computer is assigned when it accesses the internet. Under federal law, if an internet service provider is presented with a subpoena and an internet protocol address by law enforcement, the provider must turn over the names and addresses of account holders matched to it. Access to such information allows investigators to efficiently evaluate investigative leads and determine whether to request a warrant for a specific internet user. The legislature finds that in investigations of child exploitation, the use of a special inquiry judge is the appropriate process for obtaining subpoenas for the production of records from electronic communications providers under a less than probable cause standard while maintaining judicial oversight." [ 2017 c 114 s 1.]
Except as required by federal consent decree, federal settlement agreement, or federal court order, where the use of deadly force by a peace officer results in death, substantial bodily harm, or great bodily harm, an independent investigation must be completed to inform any determination of whether the use of deadly force met the good faith standard established in RCW 9A.16.040 and satisfied other applicable laws and policies. The investigation must be completely independent of the agency whose officer was involved in the use of deadly force and conducted in accordance with chapter 43.102 RCW. Any rules adopted by the criminal justice training commission must be consistent with chapter 43.102 RCW.
[ 2021 c 318 s 401; 2019 c 4 s 5. ]
NOTES:
Finding—Intent—2021 c 318: See note following RCW 43.102.020.
Effective date—2019 c 4: See note following RCW 43.101.455.
Whenever a law enforcement officer's application of force results in the death of a person who is an enrolled member of a federally recognized Indian tribe, the law enforcement agency must notify the governor's office of Indian affairs. Notice by the law enforcement agency to the governor's office of Indian affairs must be made within a reasonable period of time, but not more than twenty-four hours after the law enforcement agency has good reason to believe that the person was an enrolled member of a federally recognized Indian tribe. Notice provided under this section must include sufficient information for the governor's office of Indian affairs to attempt to identify the deceased person and his or her tribal affiliation. Nothing in this section requires a law enforcement agency to disclose any information that could compromise the integrity of any criminal investigation. The governor's office of Indian affairs must establish a means to receive the notice required under this section, including outside of regular business hours, and must immediately notify the tribe of which the person was enrolled.
[ 2019 c 4 s 6. ]
NOTES:
Effective date—2019 c 4: See note following RCW 43.101.455.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Law enforcement agency" includes any "general authority Washington law enforcement agency" and any "limited authority Washington law enforcement agency," as those terms are defined in RCW 10.93.020, and any state or local agency providing or otherwise responsible for the custody, safety, and security of adults or juveniles incarcerated in correctional, jail, or detention facilities. "Law enforcement agency" does not include the national guard or state guard under Title 38 RCW or any other division of the United States armed forces.
(2) "Peace officer" includes any "general authority Washington peace officer," "limited authority Washington peace officer," and "specially commissioned Washington peace officer" as those terms are defined in RCW 10.93.020, and any employee, whether part-time or full-time, of a jail, correctional, or detention facility who is responsible for the custody, safety, and security of adult or juvenile persons confined in the facility.
[ 2021 c 320 s 1. ]
(1) A peace officer may not use a chokehold or neck restraint on another person in the course of his or her duties as a peace officer.
(2) Any policies pertaining to the use of force adopted by law enforcement agencies must be consistent with this section.
(3) For the purposes of this section:
(a) "Chokehold" means the intentional application of direct pressure to a person's trachea or windpipe for the purpose of restricting another person's airway.
(b) "Neck restraint" refers to any vascular neck restraint or similar restraint, hold, or other tactic in which pressure is applied to the neck for the purpose of constricting blood flow.
[ 2021 c 320 s 2. ]
(1) A peace officer is prohibited from:
(a) Hog-tying a person; or
(b) Assisting in putting a person into a hog-tie.
(2) Hog-tying shall constitute the use of excessive force for the purposes of RCW 10.93.190.
(3) This section shall not be interpreted to prohibit the use of any other alternative restraint product or device that is administered to reduce the incidence of respiratory fatigue or positional asphyxia if such restraint product or device does not violate this section.
(4) For purposes of this section, "hog-tie" or "hog-tying" means fastening together bound or restrained ankles to bound or restrained wrists. "Hog-tie" or "hog-tying" does not include the following:
(a) Use of transport chains or waist chains to transport prisoners; or
(b) Use of a product or device that does not require bound or restrained ankles to be fastened together to bound or restrained wrists.
[ 2024 c 291 s 2. ]
NOTES:
Intent—Findings—2024 c 291: "The legislature finds it is imperative that our criminal justice systems, including the law enforcement profession, must secure public trust and ensure accountability. In order to do so, the legislature finds that it is important to discontinue practices and tactics that dehumanize and create unnecessary risk of harm and/or death to the people they serve. Additionally, it is important that law enforcement is using up-to-date tactics that come with adequate training from the criminal justice training commission to ensure continuity and oversight in the standards applied across the profession. This includes tactics that comply with the model use of force policies put forward by our state's attorney general.
The legislature finds that, in the quest to ensure that all communities are and feel safe, it is important to take guidance from published model policies, comport with statewide standards and training on restraint tactics, and prohibit hog-tying and other similar tactics that are inhumane, outdated, and have led to the unnecessary loss of human life." [ 2024 c 291 s 1.]
(1) A law enforcement agency may not use or authorize its peace officers or other employees to use tear gas unless necessary to alleviate a present risk of serious harm posed by a: (a) Riot; (b) barricaded subject; or (c) hostage situation.
(2) Prior to using tear gas as authorized under subsection (1) of this section, the officer or employee shall:
(a) Exhaust alternatives to the use of tear gas that are available and appropriate under the circumstances;
(b) Obtain authorization to use tear gas from a supervising officer, who must determine whether the present circumstances warrant the use of tear gas and whether available and appropriate alternatives have been exhausted as provided under this section;
(c) Announce to the subject or subjects the intent to use tear gas; and
(d) Allow sufficient time and space for the subject or subjects to comply with the officer's or employee's directives.
(3) In the case of a riot outside of a correctional, jail, or detention facility, the officer or employee may use tear gas only after: (a) Receiving authorization from the highest elected official of the jurisdiction in which the tear gas is to be used, and (b) meeting the requirements of subsection (2) of this section.
(4) For the purposes of this section:
(a) "Barricaded subject" means an individual who is the focus of a law enforcement intervention effort, has taken a position in a physical location that does not allow immediate law enforcement access, and is refusing law enforcement orders to exit.
(b) "Highest elected official" means the county executive in those charter counties with an elective office of county executive, however designated, and in the case of other counties, the county sheriff. In the case of cities and towns, it means the mayor, regardless of whether the mayor is directly elected, selected by the council or legislative body pursuant to RCW 35.18.190 or 35A.13.030, or selected according to a process in an established city charter. In the case of actions by the Washington state patrol, it means the governor.
(c) "Hostage situation" means a scenario in which a person is being held against his or her will by an armed, potentially armed, or otherwise dangerous suspect.
(d) "Tear gas" means chloroacetophenone (CN), O-chlorobenzylidene malononitrile (CS), and any similar chemical irritant dispersed in the air for the purpose of producing temporary physical discomfort or permanent injury, except "tear gas" does not include oleoresin capsicum (OC).
[ 2024 c 232 s 1; 2021 c 320 s 4. ]
(1) A law enforcement agency may not acquire or use any military equipment. Any law enforcement agency in possession of military equipment as of July 25, 2021, shall return the equipment to the federal agency from which it was acquired, if applicable, or destroy the equipment by December 31, 2022.
(2)(a) Each law enforcement agency shall compile an inventory of military equipment possessed by the agency, including the proposed use of the equipment, estimated number of times the equipment has been used in the prior year, and whether such use is necessary for the operation and safety of the agency or some other public safety purpose. The agency shall provide the inventory to the Washington association of sheriffs and police chiefs no later than November 1, 2021.
(b) The Washington association of sheriffs and police chiefs shall summarize the inventory information from each law enforcement agency and provide a report to the governor and the appropriate committees of the legislature no later than December 31, 2021.
(3) For the purposes of this section:
(a) "Military equipment" means rifles of .50 caliber or greater, machine guns, armed helicopters, armed or armored drones, armed vessels, armed vehicles, armed aircraft, tanks, long range acoustic hailing devices, rockets, rocket launchers, bayonets, grenades, missiles, directed energy systems, and electromagnetic spectrum weapons.
(b) "Grenade" refers to any explosive grenade designed to injure or kill subjects, such as a fragmentation grenade or antitank grenade, or any incendiary grenade designed to produce intense heat or fire. "Grenade" does not include other nonexplosive grenades designed to temporarily incapacitate or disorient subjects without causing permanent injury, such as a stun grenade, sting grenade, smoke grenade, tear gas grenade, or blast ball.
(c) "Rifle" has the same meaning as provided under RCW 9.41.010, except "rifle" does not include: Any shotgun, as defined under RCW 9.41.010; any device designed or used to deploy less lethal munitions including, but not limited to, rubber, bean bag, soft nose, sponge, or other nonpenetrating impact rounds; or any less lethal equipment.
(4) This section does not prohibit a law enforcement agency from participating in a federal military equipment surplus program, provided that any equipment acquired through the program does not constitute military equipment. This may include, for example: Medical supplies; hospital and health care equipment; office supplies, furniture, and equipment; school supplies; warehousing equipment; unarmed vehicles and vessels; conducted energy weapons; public address systems; scientific equipment; and protective gear and weather gear.
[ 2022 c 3 s 1; 2021 c 320 s 5. ]
NOTES:
Effective date—2022 c 3: "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 takes effect immediately [March 4, 2022]." [ 2022 c 3 s 2.]
All law enforcement agencies shall adopt policies and procedures to ensure that uniformed peace officers while on duty and in the performance of their official duties are reasonably identifiable. For purposes of this section, "reasonably identifiable" means that the peace officer's uniform clearly displays the officer's name or other information that members of the public can see and the agency can use to identify the peace officer.
[ 2021 c 320 s 6. ]
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Facial covering" means any opaque mask, garment, or other item that conceals or obscures the facial identity of an individual including, but not limited to, a balaclava, tactical mask, gator, ski mask, and any similar type of facial covering or face-shielding item. "Facial covering" does not include any of the following:
(i) A translucent face shield or clear mask that does not conceal the wearer's facial identity.
(ii) An N95 medical mask or surgical mask to protect against transmission of disease or infection or any other mask or device including, but not limited to, air-purifying respirators, full or half masks, or self-contained breathing apparatuses necessary to protect against exposure to any toxin, gas, smoke, or any other hazardous environmental condition.
(iii) A helmet used to protect the wearer's head during transportation on a bicycle, wheeled all-terrain vehicle as defined in RCW 46.09.310, snowmobile as defined in RCW 46.04.546, helicopter, or any other vehicle for which a helmet may be used to protect the wearer's head.
(iv) A head or face covering worn for religious purposes.
(b) "Law enforcement officer" means any peace officer defined in RCW 10.116.010 or any employee or agent of the United States government who has the authority to carry firearms and make warrantless arrests and whose duties involve the enforcement of criminal, customs, or immigration laws of the United States.
(c) "Undercover operation" means a planned act authorized by supervising agents, agencies, or a court warrant that uses an undercover operative to intentionally interact with a suspected criminal violator or others, or to obtain evidence of criminal activity.
(d) "Undercover operative" means a law enforcement officer using an assumed name or cover identity to interact with nonlaw enforcement individuals or entities to collect evidence of criminal activity.
(2) Consistent with RCW 10.116.050, a peace officer shall be reasonably identifiable by the officer's clearly displayed name or other information on the officer's uniform that members of the public can see and the agency can use to identify the officer.
(3) A law enforcement officer shall not wear a facial covering while interacting with the public in the performance of the officer's duties.
(4) This section does not apply to the following:
(a) An officer performing their duties as an undercover operative during an active undercover operation;
(b) Protective gear used by special weapons and tactics team officers that are necessary to protect their faces from harm while performing their special weapons and tactics team responsibilities; or
(c) An officer utilizing personal protective equipment as required or authorized under the occupational safety and health act of 1970 (Public Law 91-596; 84 Stat. 1590) or chapter 49.17 RCW and rules adopted pursuant to the federal act or chapter 49.17 RCW.
(5) A person detained by a law enforcement officer in violation of this section may bring a civil action for damages against the officer in his or her official capacity, but an officer is not liable if, at the time of detention, the officer was in compliance with subsection (2) of this section. A prevailing claimant is entitled to recover any or all of the following remedies upon request: (a) Compensatory damages; (b) punitive damages; (c) costs and reasonable attorneys' fees; (d) injunctive relief; and (e) any other relief deemed appropriate by the court.
[ 2026 c 115 s 1. ]
NOTES:
Effective date—2026 c 115: "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 takes effect immediately [March 19, 2026]." [ 2026 c 115 s 3.]
(1) A peace officer may not engage in a vehicular pursuit, unless:
(a) There is reasonable suspicion a person has violated the law;
(b) The pursuit is necessary for the purpose of identifying or apprehending the person;
(c) The person poses a threat to the safety of others and the safety risks of failing to apprehend or identify the person are considered to be greater than the safety risks of the vehicular pursuit under the circumstances; and
(d)(i) Except as provided in (d)(ii) of this subsection, the pursuing officer notifies a supervising officer immediately upon initiating the vehicular pursuit; there is supervisory oversight of the pursuit; and the pursuing officer, in consultation with the supervising officer, considers alternatives to the vehicular pursuit, the justification for the vehicular pursuit and other safety considerations, including but not limited to speed, weather, traffic, road conditions, and the known presence of minors in the vehicle;
(ii) For those jurisdictions with fewer than 15 commissioned officers, if a supervisor is not on duty at the time, the pursuing officer requests the on-call supervisor be notified of the pursuit according to the agency's procedures, and the pursuing officer considers alternatives to the vehicular pursuit, the justification for the vehicular pursuit, and other safety considerations, including but not limited to speed, weather, traffic, road conditions, and the known presence of minors in the vehicle.
(2) In any vehicular pursuit under this section:
(a) The pursuing officer and the supervising officer, if applicable, shall comply with any agency procedures for designating the primary pursuit vehicle and determining the appropriate number of vehicles permitted to participate in the vehicular pursuit;
(b) The supervising officer, the pursuing officer, or dispatcher shall notify other law enforcement agencies or surrounding jurisdictions that may be impacted by the vehicular pursuit or called upon to assist with the vehicular pursuit, and the pursuing officer and the supervising officer, if applicable, shall comply with any agency procedures for coordinating operations with other jurisdictions, including available tribal police departments when applicable;
(c) The pursuing officer must be able to directly communicate with other officers engaging in the pursuit, the supervising officer, if applicable, and the dispatch agency, such as being on a common radio channel or having other direct means of communication;
(d) As soon as practicable after initiating a vehicular pursuit, the pursuing officer, supervising officer, if applicable, or responsible agency shall develop a plan to end the pursuit through the use of available pursuit intervention options, such as the use of the pursuit intervention technique, deployment of spike strips or other tire deflation devices, or other department authorized pursuit intervention tactics; and
(e) The pursuing officer must have completed an emergency vehicle operator's course, must have completed updated emergency vehicle operator training in the previous two years, where applicable, and must be certified in at least one pursuit intervention option. Emergency vehicle operator training must include training on performing the risk assessment analysis described in subsection (1)(c) of this section.
(3) A vehicle pursuit not meeting the requirements under this section must be terminated.
(4) A peace officer may not fire a weapon upon a moving vehicle unless necessary to protect against an imminent threat of serious physical harm resulting from the operator's or a passenger's use of a deadly weapon. For the purposes of this subsection, a vehicle is not considered a deadly weapon unless the operator is using the vehicle as a deadly weapon and no other reasonable means to avoid potential serious harm are immediately available to the officer.
(5) For purposes of this section, "vehicular pursuit" means an attempt by a uniformed peace officer in a vehicle equipped with emergency lights and a siren to stop a moving vehicle where the operator of the moving vehicle appears to be aware that the officer is signaling the operator to stop the vehicle and the operator of the moving vehicle appears to be willfully resisting or ignoring the officer's attempt to stop the vehicle by increasing vehicle speed, making evasive maneuvers, or operating the vehicle in a reckless manner that endangers the safety of the community or the officer.
[ 2024 c 6 s 1 (Initiative Measure No. 2113); 2023 c 235 s 1; 2021 c 320 s 7. ]
NOTES:
Effective date—2023 c 235: "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 takes effect immediately [May 3, 2023]." [ 2023 c 235 s 2.]
The legislature finds that law enforcement transparency and accountability are vital in maintaining public trust. Data collection is one essential tool to allow the public, law enforcement, and policymakers to analyze the effectiveness of existing police practices, determine which policies and training work and do not work, and avoid unintended consequences by supporting policy decisions with clear and relevant data.
The legislature finds that creating a statewide data collection program that creates a publicly accessible database to track metrics will help to promote openness, transparency, and accountability, build stronger police-community relations, improve trust and confidence in policing services, evaluate specific areas of concern such as biased policing and excessive force, and ultimately improve the quality of policing services.
[ 2021 c 326 s 1. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Contractor" means the institution of higher education contracted with the office of the attorney general to implement the statewide use of force data program as provided in this chapter.
(2) "Great bodily harm" has the same meaning as in RCW 9A.04.110.
(3) "Institution of higher education" has the same meaning as in RCW 28B.92.030.
(4) "Law enforcement agency" or "agency" means any general authority Washington law enforcement agency and limited authority Washington law enforcement agency as those terms are defined in RCW 10.93.020.
(5) "Substantial bodily harm" has the same meaning as in RCW 9A.04.110.
[ 2021 c 326 s 2. ]
(1) Each law enforcement agency in the state is required to report each incident where a law enforcement officer employed by the agency used force and:
(a) A fatality occurred in connection with the use of force;
(b) Great bodily harm occurred in connection with the use of force;
(c) Substantial bodily harm occurred in connection with the use of force; or
(d) A law enforcement officer:
(i) Discharged a firearm at or in the direction of a person;
(ii) Pointed a firearm at a person;
(iii) Used a chokehold or vascular neck restraint;
(iv) Used an electronic control weapon including, but not limited to, a taser, against a person;
(v) Used oleoresin capsicum spray against a person;
(vi) Discharged a less lethal shotgun or other impact munitions at or in the direction of a person;
(vii) Struck a person using an impact weapon or instrument including, but not limited to, a club, baton, or flashlight;
(viii) Used any part of their body to physically strike a person including, but not limited to, punching, kicking, slapping, or using closed fists or feet;
(ix) Used a vehicle to intentionally strike a person or vehicle; or
(x) Deployed a canine by releasing it from the physical control of the law enforcement officer or had under the law enforcement officer's control a canine that bites a person.
(2) Each report required in subsection (1) of this section must include the following information:
(a) The date and time of the incident;
(b) The location of the incident;
(c) The agency or agencies employing the law enforcement officers;
(d) The type of force used by the law enforcement officer;
(e) The type of injury to the person against whom force was used, if any;
(f) The type of injury to the law enforcement officer, if any;
(g) Whether the person against whom force was used was armed or unarmed;
(h) Whether the person against whom force was used was believed to be armed;
(i) The type of weapon the person against whom force was used was armed with, if any;
(j) The age, gender, race, and ethnicity of the person against whom force was used, if known;
(k) The tribal affiliation of the person against whom force was used, if applicable and known;
(l) Whether the person against whom force was used exhibited any signs associated with a potential mental health condition or use of a controlled substance or alcohol based on the observation of the law enforcement officer;
(m) The name, age, gender, race, and ethnicity of the law enforcement officer, if known;
(n) The law enforcement officer's years of service;
(o) The reason for the initial contact between the person against whom force was used and the law enforcement officer;
(p) Whether any minors were present at the scene of the incident, if known;
(q) The entity conducting the independent investigation of the incident, if applicable;
(r) Whether dashboard or body worn camera footage was recorded for an incident;
(s) The number of officers who were present when force was used; and
(t) The number of suspects who were present when force was used.
(3) Each law enforcement agency must also report any additional incidents and data required by the statewide use of force data program developed in section 3, chapter 326, Laws of 2021.
(4) All law enforcement agencies shall submit the reports required by this section in accordance with the requirements of the statewide use of force data program no later than three months after the office of the attorney general determines that the system procured in RCW 10.118.040 can accept law enforcement agency reports. Reports must be made in the format and time frame established in the statewide use of force data program.
(5) A law enforcement agency has satisfied its reporting obligations pursuant to chapter 326, Laws of 2021 by submitting the reports and data required under this section. The contractor shall provide technical assistance to any law enforcement agency in gathering, compiling, and submitting the required reports and data for each incident.
[ 2021 c 326 s 4. ]
(1) Subject to the availability of amounts appropriated for this specific purpose, the office of the attorney general must engage in a competitive procurement to contract with an institution of higher education to implement the statewide use of force data program. The primary purpose of the contract is to develop a system for law enforcement agencies to report, collect, and publish the use of force data reports required in RCW 10.118.030.
(2) The request for proposal or other procurement method should encourage collaboration with other public and private institutions, businesses, and organizations with significant expertise and experience in collecting, tracking, and reporting data on law enforcement interactions with the public.
(3) Members and representatives of entities participating in the advisory group established in section 3, chapter 326, Laws of 2021 may not participate or bid in the competitive procurement.
(4) The advisory group, or designated members of the group, may participate in the procurement process through the development of the request for proposal and the review and evaluation of responsive bidders.
(5) The contract must require the successful bidder to provide appropriate training to its staff and subcontractor staff, including training on racial equity issues.
[ 2021 c 326 s 5. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Deadly force" has the same meaning as provided in RCW 9A.16.010.
(2) "De-escalation tactics" refer to actions used by a peace officer that are intended to minimize the likelihood of the need to use force during an incident. Depending on the circumstances, "de-escalation tactics" may include, but are not limited to: Using clear instructions and verbal persuasion; attempting to slow down or stabilize the situation so that more time, options, and resources are available to resolve the incident; creating physical distance by employing tactical repositioning to maintain the benefit of time, distance, and cover; when there are multiple officers, designating one officer to communicate in order to avoid competing commands; requesting and using available support and resources, such as a crisis intervention team, a designated crisis responder or other behavioral health professional, or backup officers.
(3) "Law enforcement agency" includes any "general authority Washington law enforcement agency" and any "limited authority Washington law enforcement agency" as those terms are defined in RCW 10.93.020.
(4) "Less lethal alternatives" include, but are not limited to, verbal warnings, de-escalation tactics, conducted energy weapons, devices that deploy oleoresin capsicum, batons, and beanbag rounds.
(5) "Necessary" means that, under the totality of the circumstances, a reasonably effective alternative to the use of physical force or deadly force does not appear to exist, and the type and amount of physical force or deadly force used is a reasonable and proportional response to effect the legal purpose intended or to protect against the threat posed to the officer or others.
(6) "Peace officer" includes any "general authority Washington peace officer," "limited authority Washington peace officer," and "specially commissioned Washington peace officer" as those terms are defined in RCW 10.93.020; however, "peace officer" does not include any corrections officer or other employee of a jail, correctional, or detention facility, but does include any community corrections officer.
(7) "Physical force" means any act reasonably likely to cause physical pain or injury or any other act exerted upon a person's body to compel, control, constrain, or restrain the person's movement. "Physical force" does not include pat-downs, incidental touching, verbal commands, or compliant handcuffing where there is no physical pain or injury.
(8) "Totality of the circumstances" means all facts known to the peace officer leading up to, and at the time of, the use of force, and includes the actions of the person against whom the peace officer uses such force, and the actions of the peace officer.
[ 2022 c 80 s 2; 2022 c 4 s 2; 2021 c 324 s 2. ]
NOTES:
Reviser's note: This section was amended by 2022 c 4 s 2 and by 2022 c 80 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—2022 c 80: "(1) In 2021, the legislature passed Engrossed Second Substitute House Bill No. 1310, codified as chapter 10.120 RCW, with the goal of establishing a uniform statewide standard for use of force by peace officers. Since these provisions were enacted, the complexities and nuances of police practices and applicable laws, both in statute and common law, have posed implementation challenges for some police agencies. For that reason, the legislature hereby intends to provide clarification and guidance to police agencies and the public with the passage of chapter 4, Laws of 2022, focusing on behavioral health and other related issues, and the additional changes in this legislation, focusing on enforcement practices as well as clarifying definitions.
(2) The legislature did not enact RCW 10.120.020 with the purpose of preventing or prohibiting peace officers from protecting citizens from danger. To the contrary, the legislature recognizes the importance of enforcing criminal laws and providing safety for all. Therefore, the legislature intends to provide clear authority for peace officers to use physical force to prevent persons from fleeing lawful temporary investigative detentions, also known as Terry stops, and to take persons into custody when authorized or directed by state law. Yet this authority is not without limits. Peace officers must exercise reasonable care when determining whether to use physical force and when using any physical force against another person. Peace officers must, when possible and appropriate, use de-escalation tactics before using physical force. Peace officers may only use force to the extent necessary and reasonable under the totality of the circumstances. This high standard of safety reflects national best practices developed and supported by police leaders across the nation. Most importantly, it strikes the appropriate balance between two important interests: The safety of the public and the peace officers who serve to protect us, and the right of the people to be secure in their persons against unreasonable searches and seizures." [ 2022 c 80 s 1.]
Effective date—2022 c 80: "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 takes effect immediately [March 17, 2022]." [ 2022 c 80 s 4.]
Intent—2022 c 4: "(1) In 2021, the legislature passed Engrossed Second Substitute House Bill No. 1310, codified as chapter 10.120 RCW, with the goal of establishing a uniform statewide standard for use of force by peace officers. The standard emphasizes the importance of exercising reasonable care and preserving and protecting human life. However, the complexities and nuances of police practices and applicable laws, both in statute and common law, have posed implementation challenges for some police agencies. For that reason, the legislature hereby recognizes the urgent need to provide clarification and guidance for police agencies and the public.
(2) The legislature intends for peace officers to continue performing the critical role of supporting those in crisis and assisting vulnerable members of our communities. The legislature does not intend to prevent or prohibit peace officers from protecting citizens from danger. The legislature recognizes that peace officers can and do perform these responsibilities while also maintaining the highest standards of safety and reasonable care expressed in RCW 10.120.020.
(3) While the newly established civil standard in RCW 10.120.020 is unique insofar as it is codified in state law, it represents national best practices developed by police leaders across the nation. The legislature does not intend to abrogate the criminal liability protections afforded to peace officers in chapter 9A.16 RCW. Instead, the legislature hereby reaffirms its intent to establish RCW 10.120.020 as a distinct and more restrictive civil standard to inform the policies and practices applicable to all peace officers operating within state agencies and local governments. The legislature recognizes the profoundly important role peace officers have in protecting communities, and further recognizes that implementing and enforcing these best practices will improve public safety for all persons across the state." [ 2022 c 4 s 1.]
Effective date—2022 c 4: "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 takes effect immediately [March 4, 2022]." [ 2022 c 4 s 4.]
Intent—2021 c 324: "The legislature recognizes that additional clarity is necessary following the passage of Initiative Measure No. 940 (chapter 1, Laws of 2019) and Substitute House Bill No. 1064 (chapter 4, Laws of 2019). The legislature intends to address excessive force and discriminatory policing by establishing a requirement for law enforcement and community corrections officers to act with reasonable care when carrying out their duties, including using de-escalation tactics and alternatives to deadly force. Further, the legislature intends to address public safety concerns by limiting the use of deadly force to very narrow circumstances where there is an imminent threat of serious physical injury or death. It is the intent of the legislature that when practicable, peace officers will use the least amount of physical force necessary to overcome actual resistance under the circumstances.
It is the fundamental duty of law enforcement to preserve and protect all human life." [ 2021 c 324 s 1.]
(1) PHYSICAL FORCE. Except as otherwise provided under this section, a peace officer may use physical force against a person to the extent necessary to:
(a) Protect against a criminal offense when there is probable cause that the person has committed, is committing, or is about to commit the offense;
(b) Effect an arrest;
(c) Prevent an escape as defined under chapter 9A.76 RCW;
(d) Take a person into custody, transport a person for evaluation or treatment, or provide other assistance under chapter 10.77, 71.05, or 71.34 RCW;
(e) Take a minor into protective custody when authorized or directed by statute;
(f) Execute or enforce a court order authorizing or directing a peace officer to take a person into custody;
(g) Execute a search warrant;
(h) Execute or enforce an oral directive issued by a judicial officer in the courtroom or a written order where the court expressly authorizes a peace officer to use physical force to execute or enforce the directive or order; or
(i) Prevent a person from fleeing or stop a person who is actively fleeing a lawful temporary investigative detention, provided that the person has been given notice that he or she is being detained and is not free to leave;
(j) Take a person into custody when authorized or directed by statute; or
(k) Protect against an imminent threat of bodily injury to the peace officer, another person, or the person against whom force is being used.
(2) DEADLY FORCE. Except as otherwise provided under this section, a peace officer may use deadly force against another person only when necessary to protect against an immediate threat of serious physical injury or death to the officer or another person. For purposes of this subsection: "Immediate threat of serious physical injury or death" means that, based on the totality of the circumstances, it is objectively reasonable to believe that a person has the present and apparent ability, opportunity, and intent to immediately cause death or serious bodily injury to the peace officer or another person.
(3) REASONABLE CARE. A peace officer shall use reasonable care when determining whether to use physical force or deadly force and when using any physical force or deadly force against another person. To that end, a peace officer shall:
(a) When possible, use all de-escalation tactics that are available and appropriate under the circumstances before using physical force;
(b) When using physical force, use the least amount of physical force necessary to overcome resistance under the circumstances. This includes a consideration of the characteristics and conditions of a person for the purposes of determining whether to use force against that person and, if force is necessary, determining the appropriate and least amount of force possible to effect a lawful purpose. Such characteristics and conditions may include, for example, whether the person: Is visibly pregnant, or states that they are pregnant; is known to be a minor, objectively appears to be a minor, or states that they are a minor; is known to be a vulnerable adult, or objectively appears to be a vulnerable adult as defined in RCW 74.34.020; displays signs of mental, behavioral, or physical impairments or disabilities; is experiencing perceptual or cognitive impairments typically related to the use of alcohol, narcotics, hallucinogens, or other drugs; is suicidal; has limited English proficiency; or is in the presence of children;
(c) Terminate the use of physical force as soon as the necessity for such force ends;
(d) When possible, use less lethal alternatives that are available and appropriate under the circumstances before using deadly force; and
(e) Make less lethal alternatives issued to the officer reasonably available for his or her use.
(4) A peace officer may not use any force tactics prohibited by applicable departmental policy, this chapter, or otherwise by law, except to protect his or her life or the life of another person from an imminent threat.
(5) Nothing in this section:
(a) Limits or restricts a peace officer's authority or responsibility to perform lifesaving measures or perform community caretaking functions to ensure health and safety including, but not limited to, rendering medical assistance, performing welfare checks, or assisting other first responders and medical professionals;
(b) Prevents a peace officer from responding to requests for assistance or service from first responders, medical professionals, behavioral health professionals, social service providers, designated crisis responders, shelter or housing providers, or any member of the public;
(c) Permits a peace officer to use physical force or deadly force in a manner or under such circumstances that would violate the United States Constitution or state Constitution; or
(d) Prevents a law enforcement agency or political subdivision of this state from adopting policies or standards with additional requirements for de-escalation and greater restrictions on the use of physical and deadly force than provided in this section.
[ 2022 c 80 s 3; 2022 c 4 s 3; 2021 c 324 s 3. ]
NOTES:
Reviser's note: This section was amended by 2022 c 4 s 3 and by 2022 c 80 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2022 c 80: See notes following RCW 10.120.010.
Intent—Effective date—2022 c 4: See notes following RCW 10.120.010.
Intent—2021 c 324: See note following RCW 10.120.010.
(1) By July 1, 2022, the attorney general shall develop and publish model policies on law enforcement's use of force and de-escalation tactics consistent with RCW 10.120.020.
(2) By December 1, 2022, all law enforcement agencies shall: Adopt policies consistent with the model policies and submit copies of the applicable policies to the attorney general; or, if the agency did not adopt policies consistent with the model policies, provide notice to the attorney general stating the reasons for any departures from the model policies and an explanation of how the agency's policies are consistent with RCW 10.120.020, including a copy of the agency's relevant policies. After December 1, 2022, whenever a law enforcement agency modifies or repeals any policies pertaining to the use of force or de-escalation tactics, the agency shall submit notice of such action with copies of any relevant policies to the attorney general within 60 days.
(3) By December 31st of each year, the attorney general shall publish on its website a report on the requirements of this section, including copies of the model policies, information as to the status of individual agencies' policies, and copies of any agency policies departing from the model policies.
[ 2021 c 324 s 4. ]
NOTES:
Intent—2021 c 324: See note following RCW 10.120.010.
This chapter may be known and cited as the uniform electronic recordation of custodial interrogations act.
[ 2021 c 329 s 1. ]
In this chapter:
(1) "Custodial interrogation" means express questioning or other actions or words by a law enforcement officer which are reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody.
(2) "Electronic recording" means an audio recording or audio and video recording that accurately records a custodial interrogation. "Record electronically" and "recorded electronically" have a corresponding meaning.
(3) "Law enforcement agency" means a general authority Washington law enforcement agency or limited authority Washington law enforcement agency as those terms are defined in RCW 10.93.020.
(4) "Law enforcement officer" means a general authority Washington peace officer or limited authority Washington peace officer as those terms are defined in RCW 10.93.020.
(5) "Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, or government; governmental subdivision, agency, or instrumentality; or any other legal or commercial entity.
(6) "Place of detention" means a fixed location under the control of a law enforcement agency where individuals are questioned about alleged crimes or status offenses. The term includes a jail, police or sheriff's station, holding cell, correctional or detention facility, police vehicle, and[,] in the case of juveniles, schools.
(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(8) "Statement" means a communication whether oral, written, electronic, or nonverbal.
[ 2021 c 329 s 2. ]
(1) Except as otherwise provided by RCW 10.122.050 through 10.122.100, a custodial interrogation, including the giving of any required warning, advice of the rights of the individual being questioned, and the waiver of any rights by the individual, must be recorded electronically in its entirety if the interrogation subject is a juvenile or if the interrogation relates to a felony crime. A custodial interrogation at a jail, police or sheriff's station, holding cell, or correctional or detention facility must be recorded by audio and video means. A custodial interrogation at any other place of detention must be recorded by audio means at minimum.
(2) If a law enforcement officer conducts a custodial interrogation to which subsection (1) of this section applies without electronically recording it in its entirety, the officer shall prepare a written or electronic report explaining the reason for not complying with this section and summarizing the custodial interrogation process and the individual's statements.
(3) A law enforcement officer shall prepare the report required by subsection (2) of this section as soon as practicable after completing the interrogation.
(4) As soon as practicable, a law enforcement officer conducting a custodial interrogation outside a place of detention shall prepare a written or electronic report explaining the decision to interrogate outside a place of detention and summarizing the custodial interrogation process and the individual's statements made outside a place of detention.
(5) This section does not apply to a spontaneous statement made outside the course of a custodial interrogation or a statement made in response to a question asked routinely during the processing of the arrest of an individual.
[ 2021 c 329 s 3. ]
Notwithstanding RCW 9.73.030 and 9.73.090, a law enforcement officer conducting a custodial interrogation is not required to obtain consent to electronic recording from the individual being interrogated, but must inform the individual that an electronic recording is being made of the interrogation. This chapter does not permit a law enforcement officer or a law enforcement agency to record a private communication between an individual and the individual's lawyer.
[ 2021 c 329 s 4. ]
A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if recording is not feasible because of exigent circumstances. The law enforcement officer conducting the interrogation shall record electronically an explanation of the exigent circumstances before conducting the interrogation, if feasible, or as soon as practicable after the interrogation is completed.
[ 2021 c 329 s 5. ]
(1) A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if the individual to be interrogated indicates that the individual will not participate in the interrogation if it is recorded electronically. If feasible, the agreement to participate without recording must be recorded electronically.
(2) If, during a custodial interrogation to which RCW 10.122.030 otherwise applies, the individual being interrogated indicates that the individual will not participate in further interrogation unless electronic recording ceases, the remainder of the custodial interrogation need not be recorded electronically. If feasible, the individual's agreement to participate without further recording must be recorded electronically.
(3) A law enforcement officer, with intent to avoid the requirement of electronic recording in RCW 10.122.030, may not encourage an individual to request that a recording not be made.
[ 2021 c 329 s 6. ]
If a custodial interrogation occurs in another state in compliance with that state's law or is conducted by a federal law enforcement agency in compliance with federal law, the interrogation need not be recorded electronically unless the interrogation is conducted with intent to avoid the requirement of electronic recording in RCW 10.122.030.
[ 2021 c 329 s 7. ]
(1) A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if the interrogation occurs when no law enforcement officer conducting the interrogation has knowledge of facts and circumstances that would lead an officer reasonably to believe that the individual being interrogated may have committed an act for which RCW 10.122.030 requires that a custodial interrogation be recorded electronically.
(2) If, during a custodial interrogation under subsection (1) of this section, the individual being interrogated reveals facts and circumstances giving a law enforcement officer conducting the interrogation reason to believe that an act has been committed for which RCW 10.122.030 requires that a custodial interrogation be recorded electronically, continued custodial interrogation concerning that act must be recorded electronically, if feasible.
[ 2021 c 329 s 8. ]
A custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically if a law enforcement officer conducting the interrogation or the officer's superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. If feasible and consistent with the safety of a confidential informant, an explanation of the basis for the belief that electronic recording would disclose the informant's identity must be recorded electronically at the time of the interrogation. If contemporaneous recording of the basis for the belief is not feasible, the recording must be made as soon as practicable after the interrogation is completed.
[ 2021 c 329 s 9. ]
(1) All or part of a custodial interrogation to which RCW 10.122.030 otherwise applies need not be recorded electronically to the extent that recording is not feasible because the available electronic recording equipment fails, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.
(2) If both audio and video recording of a custodial interrogation are otherwise required by RCW 10.122.030, recording may be by audio alone if a technical problem in the video recording equipment prevents video recording, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.
(3) If both audio and video recording of a custodial interrogation are otherwise required by RCW 10.122.030, recording may be by video alone if a technical problem in the audio recording equipment prevents audio recording, despite reasonable maintenance of the equipment, and timely repair or replacement is not feasible.
[ 2021 c 329 s 10. ]
If the prosecution relies on an exception in RCW 10.122.050 through 10.122.100 to justify a failure to record electronically a custodial interrogation, the prosecution must prove by a preponderance of the evidence that the exception applies.
[ 2021 c 329 s 11. ]
If the prosecution intends to introduce in its case in chief a statement made during a custodial interrogation to which RCW 10.122.030 applies which was not recorded electronically, the prosecution, not later than the time specified by the local rules governing discovery, shall serve the defendant with written notice of that intent and of any exception on which the prosecution intends to rely.
[ 2021 c 329 s 12. ]
(1) Unless the court finds that an exception in RCW 10.122.050 through 10.122.100 applies, the court shall consider the failure to record electronically all or part of a custodial interrogation to which RCW 10.122.030 applies in determining whether a statement made during the interrogation is admissible, including whether it was voluntarily made.
(2) If the court admits into evidence a statement made during a custodial interrogation that was not recorded electronically in compliance with RCW 10.122.030, the court shall afford the defendant the opportunity to present to the jury the fact that the statement was not recorded electronically in compliance with RCW 10.122.030.
[ 2021 c 329 s 13. ]
Each law enforcement agency in this state shall establish and enforce procedures to ensure that the electronic recording of all or part of a custodial interrogation is identified, accessible, and preserved throughout the length of any resulting sentence, including any period of community custody extending through final discharge.
[ 2021 c 329 s 14. ]
(1) Each law enforcement agency that is a governmental entity of this state shall adopt and enforce policies and procedures to implement this chapter.
(2) The policies and procedures adopted under subsection (1) of this section must address the following topics:
(a) How an electronic recording of a custodial interrogation must be made;
(b) The collection and review of electronic recordings, or the absence thereof, by supervisors in each law enforcement agency;
(c) The assignment of supervisory responsibilities and a chain of command to promote internal accountability;
(d) A process for explaining noncompliance with procedures and imposing administrative sanctions for a failure to comply that is not justified;
(e) A supervisory system expressly imposing on individuals in specific positions a duty to ensure adequate staffing, education, training, and material resources to implement this chapter; and
(f) A process for preserving the chain of custody of an electronic recording.
(3) The policies and procedures adopted under subsection (2)(a) of this section for video recording must contain standards for the angle, focus, and field of vision of a recording device which reasonably promote accurate recording of a custodial interrogation at a place of detention and reliable assessment of its accuracy and completeness.
[ 2021 c 329 s 15. ]
(1) A law enforcement agency that is a governmental entity in this state which has implemented procedures reasonably designed to enforce the rules adopted pursuant to RCW 10.122.150 and ensure compliance with this chapter is not subject to civil liability for damages arising from a violation of this chapter.
(2) This chapter does not create a right of action against a law enforcement officer.
[ 2021 c 329 s 16. ]
(1) In any pretrial or posttrial proceeding, an electronic recording of a custodial interrogation is self-authenticating if it is accompanied by a certificate of authenticity sworn under oath or affirmation by an appropriate law enforcement officer.
(2) This chapter does not limit the right of an individual to challenge the authenticity of an electronic recording of a custodial interrogation under law of this state other than this chapter.
[ 2021 c 329 s 17. ]
(1) This chapter does not create a right of an individual to require a custodial interrogation to be recorded electronically.
(2) This chapter does not require preparation of a transcript of an electronic recording of a custodial interrogation.
[ 2021 c 329 s 18. ]
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2021 c 329 s 19. ]
This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2021 c 329 s 20. ]
Sections 1 through 20 of this act take effect January 1, 2022.
[ 2021 c 329 s 24. ]
The legislature finds that it plays an important role balancing the need to ensure public safety and an individual's right to privacy under both the federal Fourth Amendment to the United States Constitution and the broader protection of individual rights guaranteed by Article I, section 7 of the Washington state Constitution.
The legislature further finds that the dramatic expansion of surveillance technology across the country has demonstrated the need to establish sensible guardrails on the use of surveillance data collected from monitoring the location and travel of individuals, without a warrant, to ensure its use by law enforcement and other government agencies must not come into conflict with existing protections for Washingtonians and ensure that it is not being used for purposes prohibited under state and federal law.
[ 2026 c 239 s 1. ]
NOTES:
Effective date—2026 c 239: See note following RCW 10.130.030.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" includes all state agencies and all local agencies.
(2) "Audit trail data" means all forms of data collected or generated by an automated license plate reader system that identify how the system is accessed or used. "Audit trail data" includes information about who accesses or uses the system, and how and when the system is accessed or used. "Audit trail data" does not include automated license plate reader data.
(3) "Automated license plate reader data" means all data collected by automated license plate reader systems including, but not limited to, global positioning system coordinates, location, date and time, speed of travel, photograph, license plate number, automobile characteristics, or other identifying information. "Automated license plate reader data" does not include audio or video recordings generated by a dashboard or body worn camera, unless such recordings are converted into computer-readable license plate characters or associated metadata, or are indexed, made searchable, or analyzed by license plate number, individual, vehicle, biometric identifier, or other unique identifier for the purpose of identifying, tracking, or reconstructing an individual's or vehicle's location.
(4) "Automated license plate reader system" means a system, software, or computer algorithm, whether used independently or in combination with one or more mobile or fixed automated cameras, that is used to convert images of license plates into computer-readable data. An automated license plate reader system excludes automated school bus safety cameras, speed safety camera systems, and automated traffic safety camera systems, as defined in RCW 46.63.210, that do not interface or interact with an automated license plate reader system for purposes other than those authorized under RCW 46.63.180, 46.63.200, or 46.63.220 through 46.63.260. An automated license plate reader system excludes photo toll system cameras authorized under RCW 47.56.795 or 47.46.105.
(5) "Court order," "warrant," or "subpoena" means a court order as defined in RCW 43.17.420.
(6) "Law enforcement agency" has the same meaning as in RCW 10.116.010.
(7) "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, special purpose district, local housing authorities, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency including their respective employees and agents.
(8) "State agency" includes every state office, department, division, bureau, board, commission, or other state agency, and their respective employees and agents.
[ 2026 c 239 s 2. ]
NOTES:
Effective date—2026 c 239: See note following RCW 10.130.030.
(1) Except as provided for in this section, it is unlawful for any agency to access, operate, or use an automated license plate reader system or its associated automated license plate reader data.
(2) An agency may access, operate, or use an automated license plate reader system and its associated data only for the following authorized purposes:
(a) Any law enforcement agency may use an automated license plate reader system for the purpose of comparing captured automated license plate reader data with:
(i) Data in any of the following databases maintained by either a federal or Washington state agency: The department of licensing, the state criminal justice information system, the federal bureau of investigation kidnappings and missing persons list, the national center for missing and exploited children list, and the Washington missing persons list; or
(ii) License plate numbers or vehicle characteristics that have been entered into a state or local automated license plate reader system database or entered in order to perform a search, upon an officer's determination that the license plate numbers or vehicle characteristics are relevant and material to an investigation of a vehicle that is:
(A) Stolen;
(B) Associated with a missing or endangered person;
(C) Registered to an individual for whom there is an outstanding felony or gross misdemeanor warrant; or
(D) Related to or involved in a felony or gross misdemeanor.
(b) Any parking enforcement agency, or their agent, including, but not limited to, cities, counties, the department of enterprise services, and institutions of higher education as defined in RCW 28B.10.016 may use an automated license plate reader system for the following purposes:
(i) Enforcing restrictions on the use of parking spaces; or
(ii) Identifying vehicles in a database for impoundment or immobilization under a local ordinance enacted under RCW 46.55.240, provided the database includes only license plates of vehicles subject to that ordinance.
(c) Any transportation agency may use an automated license plate reader system for the following purposes:
(i) Providing real-time traffic information to the public, traffic modeling, and traffic studies such as determining construction delays and route use; and
(ii) Enforcing commercial vehicle systems at Washington state patrol enforcement sites and weigh stations.
(d) State and local agencies operating automated license plate reader systems are the legal owners of the associated automated license plate reader data collected by the system the agency operates.
(3) It is unlawful for any agency, as described in RCW 43.17.425, to use an automated license plate reader system for immigration investigation or enforcement, or both, in accordance with RCW 10.93.160, or for any protected health care services under chapter 7.115 RCW, or to track or otherwise monitor activity protected by the Washington state Constitution and the first amendment to the United States Constitution.
(4)(a) It is unlawful for any agency to collect automated license plate reader data on the premises or immediate surroundings or access to or from facilities that provide protected health care, as described in chapter 7.115 RCW, or at facilities conducting an immigration matter as defined in RCW 19.154.020, elementary and secondary schools, places of worship, courts, or food banks.
(b) For the purposes of this subsection, "facilities" includes only the building or buildings used for the purposes described in (a) of this subsection and any immediately adjacent parking lots that are primarily or exclusively used for the purposes described in (a) of this subsection.
(5) Any agency that intends to use, or currently uses an automated license plate reader system as of March 30, 2026, and intends to continue using the system, shall register it with the office of the attorney general on forms approved by the office for that purpose within 180 days of March 30, 2026. The head of the agency shall certify that the system meets all the requirements of this chapter, and that the agency has a policy or policies in effect governing its use and a documented training process for the officers that will use it. Agencies may not use automated license plate reader systems that have not been properly registered under this section.
(6) A positive match by an automated license plate reader system alone does not constitute reasonable suspicion as grounds for a state or local law enforcement officer to stop the vehicle. The officer shall develop independent reasonable suspicion for the stop or immediately confirm visually that the license plate on the vehicle matches the image of the license plate displayed on the automated license plate reader system and confirm by other means that the license plate number is in one of the databases specified in subsection (2)(a) of this section.
[ 2026 c 239 s 3. ]
NOTES:
Effective date—2026 c 239: "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 takes effect immediately [March 30, 2026]." [ 2026 c 239 s 14.]
Automated license plate reader data collected by or on behalf of an agency, as authorized pursuant to RCW 10.130.030(2), shall not be used or shared for any other purpose and shall not be retained longer than 21 days, with the following exceptions:
(1) When retained pursuant to a valid, court-issued, probable cause felony or gross misdemeanor warrant or subpoena, or as permitted by court order in criminal or civil cases, provided the data is deleted at the conclusion of the criminal or civil case, pursuant to the applicable record retention schedule. Automated license plate reader data may be shared in discovery in accordance with applicable court rules;
(2) When retained for the purpose of parking enforcement, provided the data is deleted no later than 12 hours after final disposition of a parking enforcement case, including exhaustion of any applicable appeals process;
(3) When retained for the purpose of traffic studies, provided the data is deleted no later than 30 days after collection;
(4) When retained for the purpose of enforcing commercial vehicle systems, provided the data is deleted no later than six months after collection; and
(5) When retained for the purpose in RCW 10.130.030(2)(a) for as long as such captured automated license plate reader data is needed as evidence of specific unlawful conduct enumerated in RCW 10.130.030(2)(a).
[ 2026 c 239 s 4. ]
NOTES:
Effective date—2026 c 239: See note following RCW 10.130.030.
(1) An agency that uses an automated license plate reader system pursuant to RCW 10.130.030(2) shall not:
(a) Disclose, share, or permit access to automated license plate reader data except as required in a judicial proceeding;
(b) Provide any other entity with direct access to the automated license plate reader system, except with other state or local agencies authorized to collect automated license plate reader data under RCW 10.130.030. A third-party vendor providing automated license plate reader system services may access an automated license plate reader system solely to the extent necessary to fulfill a specific agency-authorized purpose.
(2) Any agency that uses a database pursuant to RCW 10.130.030(2) (a) and (b)(ii) shall use the most recent and updated version of the database that is available to the agency and shall check for and apply any available updates no less than once every 24 hours.
(3) An agency shall not sell, lease, rent, or purchase automated license plate reader data or audit trail data.
(4) An agency may obtain privately held automated license plate reader data only pursuant to a valid, court-issued, probable cause warrant.
(5) Automated license plate reader data is not subject to disclosure under the public records act, chapter 42.56 RCW, except such data may be used for bona fide research as defined in RCW 42.48.010 and does not include individually identifiable information.
(6) Any automated license plate reader system vendor must provide technical controls preventing unauthorized data sharing, secondary transfer, or access by nonauthorized agencies, including federal civil immigration enforcement in accordance with this chapter.
(7) Automated license plate reader system vendors are prohibited from selling, leasing, renting, or otherwise allowing access to automated license plate reader data to any nonauthorized agency, person, or entity.
(8) An automated license plate reader system vendor is prohibited from making any changes to an automated license plate reader system, including but not limited to software updates that may change sharing permissions, without the knowledge or explicit consent of the authorized Washington agency. Automated license plate reader system vendors must default any settings related to sharing to prevent any sharing of an agency's data with any nonauthorized agency, person, or entity.
[ 2026 c 239 s 5. ]
NOTES:
Effective date—2026 c 239: See note following RCW 10.130.030.
Any information obtained from a knowing violation of RCW 10.130.030 is inadmissible in any civil or criminal case in all courts of general or limited jurisdiction in this state, except with the permission of the person whose rights have been violated in an action brought for damages under RCW 10.130.100.
[ 2026 c 239 s 6. ]
NOTES:
Effective date—2026 c 239: See note following RCW 10.130.030.
(1) By July 1, 2027, the attorney general shall develop and publish model policies on the use of automated license plate reader systems consistent with chapter 239, Laws of 2026.
(2)(a) By December 1, 2027, any agency that uses an automated license plate reader system pursuant to RCW 10.130.030(2) shall:
(i) Adopt a policy governing use of the automated license plate reader system consistent with the model policies established under subsection (1) of this section and submit copies of the applicable policies to the attorney general; or, if the agency did not adopt policies consistent with the model policies, provide notice to the attorney general stating the reasons for any departures from the model policies and an explanation of how the agency's policies are consistent with the provisions of chapter 239, Laws of 2026, and include a copy of the agency's relevant policies; and
(ii) Submit an annual report on its automated license plate reader system practices and usage to the appropriate committees of the legislature. The report must also be conspicuously posted on the agency's public website. The report shall include:
(A) The number of matches that resulted in traffic stops or arrests made with assistance from automated license plate reader systems, and the number of subsequent prosecutions;
(B) The number of stolen vehicles and stolen license plates recovered due to use of the system;
(C) The number of preservation requests and disclosure orders received;
(D) The number of times automated license plate reader data or audit trail data was shared with or accessed by another governmental entity and the identity of each of those governmental entities;
(E) The number of times automated license plate reader data was shared or accessed pursuant to a judicial warrant;
(F) Any changes in policy that affect data collection, retention period, access or sharing;
(G) Results from the agency's internal audit of its automated license plate reader system;
(H) The total annual number of automated license plate reader system reads, searches that yielded results, and alerts; and
(I) The locations of cameras used as part of automated license plate reader systems.
(b) Prior to or coincident with implementation of an automated license plate reader system, a local law enforcement agency shall take measures to promote public awareness on the use of such system.
(3) After December 1, 2026, whenever an agency modifies or repeals any policies pertaining to the use of automated license plate reader systems, the agency shall submit notice of such action with copies of any relevant policies to the attorney general within 60 days.
(4) By December 31, 2027, the attorney general shall publish on its website a report on the requirements of this section, including copies of the model policies.
(5) Agencies that adopt policies required by this section must publish the policies on the agency website and submit a website link for those published policies with the attorney general. The attorney general is not required to publish those agency policies.
[ 2026 c 239 s 7. ]
NOTES:
Effective date—2026 c 239: See note following RCW 10.130.030.
(1) Each agency operating or accessing an automated license plate reader system shall maintain audit trail data documenting all access to the system. Audit trail data must be retained for two years and must include, at a minimum:
(a) A record of each action in which automated license plate reader data is accessed or searched, including:
(i) The identity or username of the person who accessed or queried the system, and as applicable, the organization or entity with whom the person is affiliated;
(ii) The date and time the automated license plate reader data or the automated license plate reader system was accessed or searched;
(iii) Data elements used to query the automated license plate reader system;
(iv) Specific purpose for accessing or querying the automated license plate reader system, including the offense type for any criminal investigation;
(v) The associated call for service or case number; and
(vi) The location of the cameras that are part of the automated license plate reader system accessed.
(b) All records of actions in which automated license plate reader data is exported, downloaded, or shared; and
(c) Any audit trail data generated by or made available through a third-party vendor providing automated license plate reader system services. Each agency shall ensure that all such vendor audit trail data is downloaded or otherwise obtained and retained by the agency in accordance with this section.
(2) Data elements used to query the automated license plate reader system and retained as audit trail data pursuant to subsection (1)(a) of this section may be used solely for auditing purposes and may not be searched, analyzed, compiled, or indexed for investigative purposes. Data elements that contain unique identifiers must be partially redacted in any public disclosure.
(3) Each agency shall conduct an internal audit at least once each year to review:
(a) All access to and use of the automated license plate reader system, as reflected in the audit trail data; and
(b) The agency's compliance with the data retention, purging, and sharing requirements established under this chapter and agency policy.
[ 2026 c 239 s 8. ]
NOTES:
Effective date—2026 c 239: See note following RCW 10.130.030.
(1) The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
(2) This section applies only to persons, as defined in RCW 19.86.010, who enter into contract with state and local government agencies authorized to use automated license plate reader systems.
[ 2026 c 239 s 9. ]
NOTES:
Effective date—2026 c 239: See note following RCW 10.130.030.
Any person who willfully and intentionally queries, accesses, or uses an automated license plate reader system for a purpose not specifically authorized under this chapter, or who willfully and intentionally retains, sells, shares, permits access, or disseminates automated license plate reader system data or audit trail data in violation of this chapter, is guilty of a gross misdemeanor.
[ 2026 c 239 s 10. ]
NOTES:
Effective date—2026 c 239: See note following RCW 10.130.030.
A person injured by a violation of this chapter may bring a civil action to recover any equitable, declaratory relief, or injunctive relief with respect to the violation; and recover all other appropriate relief, including monetary damages. The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under this section the costs of the action, including reasonable attorneys' fees.
[ 2026 c 239 s 11. ]
NOTES:
Effective date—2026 c 239: See note following RCW 10.130.030.
Connect Omnilex to search the legal corpus from your AI assistant.