Chapter 9.94A RCW

SENTENCING REFORM ACT OF 1981

Sections

HTMLPDF 9.94A.010Purpose.
HTMLPDF 9.94A.015FindingIntent2000 c 28.
HTMLPDF 9.94A.020Short title.
HTMLPDF 9.94A.030Definitions.
HTMLPDF 9.94A.035Classification of felonies not in Title 9A RCW.
HTMLPDF 9.94A.171Tolling of term of confinement, supervision.
HTMLPDF 9.94A.190Terms of more than one year or less than one yearWhere servedReimbursement of costs.
HTMLPDF 9.94A.340Equal application.
HTMLPDF 9.94A.345Timing.
PROSECUTORIAL STANDARDS
HTMLPDF 9.94A.401Introduction.
HTMLPDF 9.94A.411Evidentiary sufficiency.
HTMLPDF 9.94A.421Plea agreementsDiscussionsContents of agreements.
HTMLPDF 9.94A.431Plea agreementsInformation to courtApproval or disapprovalSentencing judge not bound.
HTMLPDF 9.94A.441Plea agreementsCriminal history.
HTMLPDF 9.94A.450Plea dispositions.
HTMLPDF 9.94A.460Sentence recommendations.
HTMLPDF 9.94A.470Armed offenders.
HTMLPDF 9.94A.475Plea agreements and sentences for certain offendersPublic records.
HTMLPDF 9.94A.480Judgment and sentence documentDelivery to caseload forecast council.
SENTENCING
HTMLPDF 9.94A.500Sentencing hearingPresentencing proceduresDisclosure of mental health services information.
HTMLPDF 9.94A.501Department must supervise specified offendersRisk assessment of felony offenders.
HTMLPDF 9.94A.502Domestic violence risk assessment tool.
HTMLPDF 9.94A.505Sentences.
HTMLPDF 9.94A.506Standard sentence rangesLimitations.
HTMLPDF 9.94A.507Sentencing of sex offenders.
HTMLPDF 9.94A.510Table 1Sentencing grid.
HTMLPDF 9.94A.515Table 2Crimes included within each seriousness level.
HTMLPDF 9.94A.517Table 3Drug offense sentencing grid.
HTMLPDF 9.94A.518Table 4Drug offenses seriousness level.
HTMLPDF 9.94A.520Offense seriousness level.
HTMLPDF 9.94A.525Offender score.
HTMLPDF 9.94A.530Standard sentence range.
HTMLPDF 9.94A.533Adjustments to standard sentences.
HTMLPDF 9.94A.535Departures from the guidelines.
HTMLPDF 9.94A.537Aggravating circumstancesSentences above standard range.
HTMLPDF 9.94A.540Mandatory minimum terms.
HTMLPDF 9.94A.550Fines.
HTMLPDF 9.94A.555Findings and intent1994 c 1.
HTMLPDF 9.94A.561Offender notification and warning.
HTMLPDF 9.94A.562Court-ordered treatmentRequired notices.
HTMLPDF 9.94A.565Governor's powers.
HTMLPDF 9.94A.570Persistent offenders.
HTMLPDF 9.94A.575Power to defer or suspend sentences abolishedExceptions.
HTMLPDF 9.94A.580Specialized training.
HTMLPDF 9.94A.585Which sentences appealableProcedureGrounds for reversalWritten opinions.
HTMLPDF 9.94A.589Consecutive or concurrent sentences.
HTMLPDF 9.94A.595Anticipatory offenses.
HTMLPDF 9.94A.599Presumptive ranges that exceed the statutory maximum.
HTMLPDF 9.94A.603Felony alcohol violatorsTreatment during incarcerationConditions.
HTMLPDF 9.94A.607Chemical dependency.
HTMLPDF 9.94A.631Violation of condition or requirement of sentenceSecurity searches authorizedArrest by community corrections officerConfinement in county jail.
HTMLPDF 9.94A.633Violation of condition or requirementOffender charged with new offenseSanctionsProcedures.
HTMLPDF 9.94A.6331SanctionsWhere served.
HTMLPDF 9.94A.6332SanctionsWhich entity imposes.
HTMLPDF 9.94A.6333SanctionsModification of sentenceNoncompliance hearing.
HTMLPDF 9.94A.637Discharge upon completion of sentenceCertificate of dischargeIssuance, effect of no-contact orderObligations, counseling after discharge.
HTMLPDF 9.94A.640Vacation of offender's record of conviction.
HTMLPDF 9.94A.645Civil actions against victims by persons convicted and confined for serious violent offensesAuthorizationCourt may refuseConsiderationsResult of failure to obtain authorization.
HTMLPDF 9.94A.647ResentencingPersistent offendersRobbery in the second degree.
HTMLPDF 9.94A.648Victims of certain crimesVacating records of conviction for a class B or class C felony.
SENTENCING ALTERNATIVES
HTMLPDF 9.94A.650First-time offender waiver.
HTMLPDF 9.94A.655Parenting sentencing alternative.
HTMLPDF 9.94A.6551Partial confinement as a part of a parenting program.
HTMLPDF 9.94A.660Drug offender sentencing alternativePrison-based or residential alternative.
HTMLPDF 9.94A.661Drug offender sentencing alternativeDriving under the influence.
HTMLPDF 9.94A.662Prison-based drug offender sentencing alternative.
HTMLPDF 9.94A.664Residential substance use disorder treatment-based alternative.
HTMLPDF 9.94A.670Special sex offender sentencing alternative.
HTMLPDF 9.94A.680Alternatives to total confinement.
HTMLPDF 9.94A.685Alien offenders.
HTMLPDF 9.94A.690Work ethic camp programEligibilitySentencing.
HTMLPDF 9.94A.695Mental health sentencing alternative.
SUPERVISION OF OFFENDERS IN THE COMMUNITY
HTMLPDF 9.94A.701Community custodyOffenders sentenced to the custody of the department.
HTMLPDF 9.94A.702Community custodyOffenders sentenced for one year or less.
HTMLPDF 9.94A.703Community custodyConditions.
HTMLPDF 9.94A.704Community custodySupervision by the departmentConditions.
HTMLPDF 9.94A.706Community custodyPossession of firearms, ammunition, or explosives prohibited.
HTMLPDF 9.94A.707Community custodyCommencementConditions.
HTMLPDF 9.94A.708Community custodyMental health informationAccess by department.
HTMLPDF 9.94A.709Community custodySex offendersConditions.
HTMLPDF 9.94A.711Community custodyMotor vehicle-related feloniesSentencingReport.
HTMLPDF 9.94A.714Community custodyViolationsElectronic monitoring programImmunity from civil liability.
HTMLPDF 9.94A.716Community custodyViolationsArrest.
HTMLPDF 9.94A.717Community custodySupervision compliance credit.
HTMLPDF 9.94A.718Supervision of offendersPeace officers have authority to assist.
HTMLPDF 9.94A.722Court-ordered treatmentRequired disclosures.
HTMLPDF 9.94A.723Court-ordered treatmentOffender's failure to inform.
HTMLPDF 9.94A.725Offender work crews.
HTMLPDF 9.94A.728Release prior to expiration of sentence.
HTMLPDF 9.94A.7281Legislative declarationEarned release time not an entitlement.
HTMLPDF 9.94A.729Earned release timeRisk assessments.
HTMLPDF 9.94A.730Early release for persons convicted of one or more crimes committed prior to 18th birthdayPetition to indeterminate sentence review boardConditionsAssessment, programming, and servicesExaminationHearingSupervisionDenial of petition.
HTMLPDF 9.94A.731Term of partial confinement, work release, home detention.
HTMLPDF 9.94A.733Home detentionGraduated reentry programRequirements for department.
HTMLPDF 9.94A.734Home detentionConditions.
HTMLPDF 9.94A.735Home detentionForm order.
HTMLPDF 9.94A.736Electronic monitoringSupervising agency to establish terms and conditionsDuties of monitoring agency.
HTMLPDF 9.94A.737Community custodyViolationsDisciplinary proceedingsStructured violation processSanctions.
HTMLPDF 9.94A.740Community custody violatorsArrest, detention, financial responsibility.
HTMLPDF 9.94A.745Interstate compact for adult offender supervision.
HTMLPDF 9.94A.74501State council.
HTMLPDF 9.94A.74502Compact administrator.
HTMLPDF 9.94A.74503Other compacts and agreementsWithdrawal from current compact.
HTMLPDF 9.94A.74504Supervision of transferred offendersProcessing transfer applications.
HTMLPDF 9.94A.74505Review of obligations under compactReport to legislature.
RESTITUTION AND LEGAL FINANCIAL OBLIGATIONS
HTMLPDF 9.94A.750Restitution.
HTMLPDF 9.94A.753RestitutionApplication dates.
HTMLPDF 9.94A.760Legal financial obligationsRestitution obligations.
HTMLPDF 9.94A.7601"Earnings," "disposable earnings," and "obligee" defined.
HTMLPDF 9.94A.7602Legal financial obligationNotice of payroll deductionIssuance and content.
HTMLPDF 9.94A.7603Legal financial obligationsPayroll deductionsMaximum amounts withheld, apportionment.
HTMLPDF 9.94A.7604Legal financial obligationsNotice of payroll deductionEmployer or entity rights and responsibilities.
HTMLPDF 9.94A.7605Motion to quash, modify, or terminate payroll deductionGrounds for relief.
HTMLPDF 9.94A.7606Legal financial obligationsOrder to withhold and deliverIssuance and contents.
HTMLPDF 9.94A.7607Legal financial obligationsOrder to withhold and deliverDuties and rights of person or entity served.
HTMLPDF 9.94A.7608Legal financial obligationsFinancial institutionsService on main office or branch, effectCollection actions against community bank account, court hearing.
HTMLPDF 9.94A.7609Legal financial obligationsNotice of debtService or mailingContentsAction on, when.
HTMLPDF 9.94A.761Legal financial obligationsExemption from notice of payroll deduction or order to withhold and deliver.
HTMLPDF 9.94A.7701Legal financial obligationsWage assignmentsPetition or motion.
HTMLPDF 9.94A.7702Legal financial obligationsWage assignmentsAnswer.
HTMLPDF 9.94A.7703Legal financial obligationsWage assignmentsAmounts to be withheld.
HTMLPDF 9.94A.7704Legal financial obligationsWage assignmentsRules.
HTMLPDF 9.94A.7705Legal financial obligationsWage assignmentsEmployer responsibilities.
HTMLPDF 9.94A.7706Legal financial obligationsWage assignmentsForm and rules.
HTMLPDF 9.94A.7707Legal financial obligationsWage assignmentsService.
HTMLPDF 9.94A.7708Legal financial obligationsWage assignmentsHearingScope of relief.
HTMLPDF 9.94A.7709Legal financial obligationsWage assignmentsRecovery of costs, attorneys' fees.
HTMLPDF 9.94A.772Legal financial obligationsMonthly payment, starting datesConstruction.
HTMLPDF 9.94A.775Legal financial obligationsTermination of supervisionMonitoring of payments.
HTMLPDF 9.94A.777Legal financial obligationsDefendants with mental health conditions.
SEX OFFENDER TREATMENT
HTMLPDF 9.94A.810Transition and relapse prevention strategies.
HTMLPDF 9.94A.820Sex offender treatment in the community.
SPECIAL ALLEGATIONS
HTMLPDF 9.94A.825Deadly weapon special verdictDefinition.
HTMLPDF 9.94A.827MethamphetamineManufacturing with child on premisesSpecial allegation.
HTMLPDF 9.94A.828Special allegationTrafficking in catalytic converters.
HTMLPDF 9.94A.829Special allegationOffense committed by criminal street gang member or associateProcedures.
HTMLPDF 9.94A.831Special allegationAssault of law enforcement personnel with a firearmProcedures.
HTMLPDF 9.94A.832Special allegationRobbery in the first or second degreeRobbery of a pharmacyProcedures.
HTMLPDF 9.94A.833Special allegationInvolving minor in felony offenseProcedures.
HTMLPDF 9.94A.834Special allegationEndangerment by eluding a police vehicleProcedures.
HTMLPDF 9.94A.835Special allegationSexual motivationProcedures.
HTMLPDF 9.94A.836Special allegationOffense was predatoryProcedures.
HTMLPDF 9.94A.837Special allegationVictim was under fifteen years of ageProcedures.
HTMLPDF 9.94A.838Special allegationVictim had diminished capacityProcedures.
HTMLPDF 9.94A.839Special allegationSexual conduct with victim in return for a feeProcedures.
SEX OFFENDERS
HTMLPDF 9.94A.840Sex offendersRelease from total confinementNotification of prosecutor.
HTMLPDF 9.94A.843Sex offendersRelease of informationImmunity.
HTMLPDF 9.94A.844Sex offendersDiscretionary decisionsImmunity.
HTMLPDF 9.94A.8445Community protection zonesPreemption of local regulationsRetrospective application.
HTMLPDF 9.94A.846Sex offendersRelease of information.
SENTENCING GUIDELINES COMMISSION
HTMLPDF 9.94A.860Sentencing guidelines commissionMembershipAppointmentsTerms of officeExpenses and compensation.
HTMLPDF 9.94A.865Standard sentence rangesRevisions or modificationsSubmission to legislature.
HTMLPDF 9.94A.8673Sex offender policy boardMembershipExpenses and compensation.
CLEMENCY, INMATE POPULATION
HTMLPDF 9.94A.870Emergency due to inmate population exceeding correctional facility capacity.
HTMLPDF 9.94A.875Emergency in county jails population exceeding capacity.
HTMLPDF 9.94A.880Clemency and pardons boardMembershipTermsChairBylawsTravel expensesStaff.
HTMLPDF 9.94A.885Clemency and pardons boardPetitions for reviewHearing.
HTMLPDF 9.94A.890Abused victimResentencing for murder of abuser.
MISCELLANEOUS
HTMLPDF 9.94A.905Effective date of RCW 9.94A.080 through 9.94A.130, 9.94A.150 through 9.94A.230, 9.94A.250, 9.94A.260Sentences apply to felonies committed after June 30, 1984.
HTMLPDF 9.94A.921Effective date2000 c 28.
HTMLPDF 9.94A.923Nonentitlement.
HTMLPDF 9.94A.925Application2003 c 379 ss 13-27.
HTMLPDF 9.94A.926ConstructionChapter applicable to state registered domestic partnerships2009 c 521.
HTMLPDF 9.94A.930Recodification.


Purpose.

The purpose of this chapter is to make the criminal justice system accountable to the public by developing a system for the sentencing of felony offenders which structures, but does not eliminate, discretionary decisions affecting sentences, and to:
(1) Ensure that the punishment for a criminal offense is proportionate to the seriousness of the offense and the offender's criminal history;
(2) Promote respect for the law by providing punishment which is just;
(3) Be commensurate with the punishment imposed on others committing similar offenses;
(4) Protect the public;
(5) Offer the offender an opportunity to improve himself or herself;
(6) Make frugal use of the state's and local governments' resources; and
(7) Reduce the risk of reoffending by offenders in the community.

NOTES:

Severability1999 c 196: "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." [ 1999 c 196 s 20.]
ConstructionShort title1999 c 196: See RCW 72.09.904 and 72.09.905.
Report on Sentencing Reform Act of 1981: "The legislative budget committee shall prepare a report to be filed at the beginning of the 1987 session of the legislature. The report shall include a complete assessment of the impact of the Sentencing Reform Act of 1981. Such report shall include the effectiveness of the guidelines and impact on prison and jail populations and community correction programs." [ 1983 c 163 s 6.]



FindingIntent2000 c 28.

The sentencing reform act has been amended many times since its enactment in 1981. While each amendment promoted a valid public purpose, some sections of the act have become unduly lengthy and repetitive. The legislature finds that it is appropriate to adopt clarifying amendments to make the act easier to use and understand.
The legislature does not intend chapter 28, Laws of 2000 to make, and no provision of chapter 28, Laws of 2000 shall be construed as making, a substantive change in the sentencing reform act.
The legislature does intend to clarify that persistent offenders are not eligible for extraordinary medical placement.

NOTES:

Technical correction bill2000 c 28: "If any amendments to RCW 9.94A.120, or any sections enacted or affected by chapter 28, Laws of 2000, are enacted in a 2000 legislative session that do not take cognizance of chapter 28, Laws of 2000, the code reviser shall prepare a bill for introduction in the 2001 legislative session that incorporates any such amendments into the reorganization adopted by chapter 28, Laws of 2000 and corrects any incorrect cross-references." [ 2000 c 28 s 45.]



Short title.

This chapter may be known and cited as the sentencing reform act of 1981.



Definitions. (Effective until January 1, 2026.)

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Board" means the indeterminate sentence review board created under chapter 9.95 RCW.
(2) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.760, is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.
(3) "Commission" means the sentencing guidelines commission.
(4) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.
(5) "Community custody" means that portion of an offender's sentence of confinement in lieu of earned release time or imposed as part of a sentence under this chapter and served in the community subject to controls placed on the offender's movement and activities by the department.
(6) "Community protection zone" means the area within 880 feet of the facilities and grounds of a public or private school.
(7) "Community restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender.
(8) "Confinement" means total or partial confinement.
(9) "Conviction" means an adjudication of guilt pursuant to Title 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.
(10) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.
(11) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere, and any issued certificates of restoration of opportunity pursuant to RCW 9.97.020.
(a) The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.
(b) A conviction may be removed from a defendant's criminal history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 9.95.240, or a similar out-of-state statute, or if the conviction has been vacated pursuant to a governor's pardon. However, when a defendant is charged with a recidivist offense, "criminal history" includes a vacated prior conviction for the sole purpose of establishing that such vacated prior conviction constitutes an element of the present recidivist offense as provided in RCW 9.94A.640(4)(b) and * 9.96.060(7)(c).
(c) The determination of a defendant's criminal history is distinct from the determination of an offender score. A prior conviction that was not included in an offender score calculated pursuant to a former version of the sentencing reform act remains part of the defendant's criminal history.
(12) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having a common name or common identifying sign or symbol, having as one of its primary activities the commission of criminal acts, and whose members or associates individually or collectively engage in or have engaged in a pattern of criminal street gang activity. This definition does not apply to employees engaged in concerted activities for their mutual aid and protection, or to the activities of labor and bona fide nonprofit organizations or their members or agents.
(13) "Criminal street gang associate or member" means any person who actively participates in any criminal street gang and who intentionally promotes, furthers, or assists in any criminal act by the criminal street gang.
(14) "Criminal street gang-related offense" means any felony or misdemeanor offense, whether in this state or elsewhere, that is committed for the benefit of, at the direction of, or in association with any criminal street gang, or is committed with the intent to promote, further, or assist in any criminal conduct by the gang, or is committed for one or more of the following reasons:
(a) To gain admission, prestige, or promotion within the gang;
(b) To increase or maintain the gang's size, membership, prestige, dominance, or control in any geographical area;
(c) To exact revenge or retribution for the gang or any member of the gang;
(d) To obstruct justice, or intimidate or eliminate any witness against the gang or any member of the gang;
(e) To directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage for the gang, its reputation, influence, or membership; or
(f) To provide the gang with any advantage in, or any control or dominance over any criminal market sector, including, but not limited to, manufacturing, delivering, or selling any controlled substance (chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen property (chapter 9A.82 RCW); promoting prostitution (chapter 9A.88 RCW); human trafficking (RCW 9A.40.100); promoting commercial sexual abuse of a minor (RCW 9.68A.101); or promoting pornography (chapter 9.68 RCW).
(15) "Day fine" means a fine imposed by the sentencing court that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.
(16) "Day reporting" means a program of enhanced supervision designed to monitor the offender's daily activities and compliance with sentence conditions, and in which the offender is required to report daily to a specific location designated by the department or the sentencing court.
(17) "Department" means the department of corrections.
(18) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community custody, the number of actual hours or days of community restitution work, or dollars or terms of a legal financial obligation. The fact that an offender through earned release can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.
(19) "Disposable earnings" means that part of the earnings of an offender remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.
(20)(a) "Domestic violence" has the same meaning as defined in RCW 10.99.020.
(b) "Domestic violence" also means: (i) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault, sexual assault, or stalking, as defined in RCW 9A.46.110, of one intimate partner by another intimate partner as defined in RCW 10.99.020; or (ii) physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault, sexual assault, or stalking, as defined in RCW 9A.46.110, of one family or household member by another family or household member as defined in RCW 10.99.020.
(21) "Drug offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense who are eligible for the option under RCW 9.94A.660.
(22) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.4013) or forged prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.
(23) "Earned release" means earned release from confinement as provided in RCW 9.94A.728.
(24) "Electronic monitoring" means tracking the location of an individual through the use of technology that is capable of determining or identifying the monitored individual's presence or absence at a particular location including, but not limited to:
(a) Radio frequency signaling technology, which detects if the monitored individual is or is not at an approved location and notifies the monitoring agency of the time that the monitored individual either leaves the approved location or tampers with or removes the monitoring device; or
(b) Active or passive global positioning system technology, which detects the location of the monitored individual and notifies the monitoring agency of the monitored individual's location and which may also include electronic monitoring with victim notification technology that is capable of notifying a victim or protected party, either directly or through a monitoring agency, if the monitored individual enters within the restricted distance of a victim or protected party, or within the restricted distance of a designated location.
(25) "Escape" means:
(a) Sexually violent predator escape (RCW 9A.76.115), escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (**RCW 72.66.060), willful failure to return from work release (**RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.
(26) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-run injury-accident (RCW 46.52.020(4)), felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.
(27) "Fine" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specific period of time.
(28) "First-time offender" means any person who has no prior convictions for a felony and is eligible for the first-time offender waiver under RCW 9.94A.650.
(29) "Home detention" is a subset of electronic monitoring and means a program of partial confinement available to offenders wherein the offender is confined in a private residence 24 hours a day, unless an absence from the residence is approved, authorized, or otherwise permitted in the order by the court or other supervising agency that ordered home detention, and the offender is subject to electronic monitoring.
(30) "Homelessness" or "homeless" means a condition where an individual lacks a fixed, regular, and adequate nighttime residence and who has a primary nighttime residence that is:
(a) A supervised, publicly or privately operated shelter designed to provide temporary living accommodations;
(b) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or
(c) A private residence where the individual stays as a transient invitee.
(31) "Legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.
(32) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:
(a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age 14;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Sexual exploitation;
(p) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;
(q) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(r) Any other class B felony offense with a finding of sexual motivation;
(s) Any other felony with a deadly weapon verdict under RCW 9.94A.825;
(t) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection;
(u)(i) A prior conviction for indecent liberties under RCW 9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of 14; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997;
(v) Any out-of-state conviction for a felony offense with a finding of sexual motivation if the minimum sentence imposed was 10 years or more; provided that the out-of-state felony offense must be comparable to a felony offense under this title and Title 9A RCW and the out-of-state definition of sexual motivation must be comparable to the definition of sexual motivation contained in this section.
(33) "Nonviolent offense" means an offense which is not a violent offense.
(34) "Offender" means a person who has committed a felony established by state law and is 18 years of age or older or is less than 18 years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. In addition, for the purpose of community custody requirements under this chapter, "offender" also means a misdemeanant or gross misdemeanant probationer ordered by a superior court to probation pursuant to RCW 9.92.060, 9.95.204, or 9.95.210 and supervised by the department pursuant to RCW 9.94A.501 and *** 9.94A.5011. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.
(35) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention, electronic monitoring, or work crew has been ordered by the court or home detention has been ordered by the department as part of the parenting program or the graduated reentry program, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, electronic monitoring, and a combination of work crew, electronic monitoring, and home detention.
(36) "Pattern of criminal street gang activity" means:
(a) The commission, attempt, conspiracy, or solicitation of, or any prior juvenile adjudication of or adult conviction of, two or more of the following criminal street gang-related offenses:
(i) Any "serious violent" felony offense as defined in this section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a Child 1 (RCW 9A.36.120);
(ii) Any "violent" offense as defined by this section, excluding Assault of a Child 2 (RCW 9A.36.130);
(iii) Deliver or Possession with Intent to Deliver a Controlled Substance (chapter 69.50 RCW);
(iv) Any violation of the firearms and dangerous weapon act (chapter 9.41 RCW);
(v) Theft of a Firearm (RCW 9A.56.300);
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);
(vii) Hate Crime (RCW 9A.36.080);
(viii) Harassment where a subsequent violation or deadly threat is made (RCW 9A.46.020(2)(b));
(ix) Criminal Gang Intimidation (RCW 9A.46.120);
(x) Any felony conviction by a person 18 years of age or older with a special finding of involving a juvenile in a felony offense under RCW 9.94A.833;
(xi) Residential Burglary (RCW 9A.52.025);
(xii) Burglary 2 (RCW 9A.52.030);
(xiii) Malicious Mischief 1 (RCW 9A.48.070);
(xiv) Malicious Mischief 2 (RCW 9A.48.080);
(xv) Theft of a Motor Vehicle (RCW 9A.56.065);
(xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068);
(xvii) Taking a Motor Vehicle Without Permission 1 (RCW 9A.56.070);
(xviii) Taking a Motor Vehicle Without Permission 2 (RCW 9A.56.075);
(xix) Extortion 1 (RCW 9A.56.120);
(xx) Extortion 2 (RCW 9A.56.130);
(xxi) Intimidating a Witness (RCW 9A.72.110);
(xxii) Tampering with a Witness (RCW 9A.72.120);
(xxiii) Reckless Endangerment (RCW 9A.36.050);
(xxiv) Coercion (RCW 9A.36.070);
(xxv) Harassment (RCW 9A.46.020); or
(xxvi) Malicious Mischief 3 (RCW 9A.48.090);
(b) That at least one of the offenses listed in (a) of this subsection shall have occurred after July 1, 2008;
(c) That the most recent committed offense listed in (a) of this subsection occurred within three years of a prior offense listed in (a) of this subsection; and
(d) Of the offenses that were committed in (a) of this subsection, the offenses occurred on separate occasions or were committed by two or more persons.
(37) "Persistent offender" is an offender who:
(a)(i) Has been convicted in this state of any felony considered a most serious offense; and
(ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.525; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or
(b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) any of the following offenses with a finding of sexual motivation: Murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, assault of a child in the second degree, or burglary in the first degree; or (C) an attempt to commit any crime listed in this subsection (37)(b)(i); and
(ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection or any federal or out-of-state offense or offense under prior Washington law that is comparable to the offenses listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under (b)(i) of this subsection only when the offender was 16 years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under (b)(i) of this subsection only when the offender was 18 years of age or older when the offender committed the offense.
(38) "Predatory" means: (a) The perpetrator of the crime was a stranger to the victim, as defined in this section; (b) the perpetrator established or promoted a relationship with the victim prior to the offense and the victimization of the victim was a significant reason the perpetrator established or promoted the relationship; or (c) the perpetrator was: (i) A teacher, counselor, volunteer, or other person in authority in any public or private school and the victim was a student of the school under his or her authority or supervision. For purposes of this subsection, "school" does not include home-based instruction as defined in RCW 28A.225.010; (ii) a coach, trainer, volunteer, or other person in authority in any recreational activity and the victim was a participant in the activity under his or her authority or supervision; (iii) a pastor, elder, volunteer, or other person in authority in any church or religious organization, and the victim was a member or participant of the organization under his or her authority; or (iv) a teacher, counselor, volunteer, or other person in authority providing home-based instruction and the victim was a student receiving home-based instruction while under his or her authority or supervision. For purposes of this subsection: (A) "Home-based instruction" has the same meaning as defined in RCW 28A.225.010; and (B) "teacher, counselor, volunteer, or other person in authority" does not include the parent or legal guardian of the victim.
(39) "Private school" means a school regulated under chapter 28A.195 or 28A.205 RCW.
(40) "Public school" has the same meaning as in RCW 28A.150.010.
(41) "Recidivist offense" means a felony offense where a prior conviction of the same offense or other specified offense is an element of the crime including, but not limited to:
(a) Assault in the fourth degree where domestic violence is pleaded and proven, RCW 9A.36.041(3);
(b) Cyber harassment, RCW 9A.90.120(2)(b)(i);
(c) Harassment, RCW 9A.46.020(2)(b)(i);
(d) Indecent exposure, RCW 9A.88.010(2)(c);
(e) Stalking, RCW 9A.46.110(5)(b) (i) and (iii);
(f) Telephone harassment, RCW 9.61.230(2)(a); and
(g) Violation of a no-contact or protection order, RCW 7.105.450 or former RCW 26.50.110(5).
(42) "Repetitive domestic violence offense" means any:
(a)(i) Domestic violence assault that is not a felony offense under RCW 9A.36.041;
(ii) Domestic violence violation of a no-contact order under chapter 10.99 RCW that is not a felony offense;
(iii) Domestic violence violation of a protection order under chapter 26.09, 26.26A, or 26.26B RCW or former chapter 26.50 RCW, or violation of a domestic violence protection order under chapter 7.105 RCW, that is not a felony offense;
(iv) Domestic violence harassment offense under RCW 9A.46.020 that is not a felony offense; or
(v) Domestic violence stalking offense under RCW 9A.46.110 that is not a felony offense; or
(b) Any federal, out-of-state, tribal court, military, county, or municipal conviction for an offense that under the laws of this state would be classified as a repetitive domestic violence offense under (a) of this subsection.
(43) "Restitution" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specified period of time as payment of damages. The sum may include both public and private costs.
(44) "Risk assessment" means the application of the risk instrument recommended to the department by the Washington state institute for public policy as having the highest degree of predictive accuracy for assessing an offender's risk of reoffense.
(45) "Serious traffic offense" means:
(a) Nonfelony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), nonfelony actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.
(46) "Serious violent offense" is a subcategory of violent offense and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first degree; or
(ix) An attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.
(47) "Sex offense" means:
(a)(i) A felony that is a violation of chapter 9A.44 RCW other than RCW 9A.44.132;
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of chapter 9.68A RCW other than RCW 9.68A.080;
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes; or
(v) A felony violation of RCW 9A.44.132(1) (failure to register as a sex offender) if the person has been convicted of violating RCW 9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 prior to June 10, 2010, on at least one prior occasion;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135; or
(d) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
(48) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
(49) "Standard sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.
(50) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the crime, or other statute defining the maximum penalty for a crime.
(51) "Stranger" means that the victim did not know the offender 24 hours before the offense.
(52) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for 24 hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(53) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.
(54) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.
(55) "Victim of domestic violence" means an intimate partner or household member who has been subjected to the infliction of physical harm or sexual and psychological abuse by an intimate partner or household member as part of a pattern of assaultive, coercive, and controlling behaviors directed at achieving compliance from or control over that intimate partner or household member. Domestic violence includes, but is not limited to, the offenses listed in RCW 10.99.020 and **** 26.50.010 committed by an intimate partner or household member against a victim who is an intimate partner or household member.
(56) "Victim of sex trafficking, prostitution, or commercial sexual abuse of a minor" means a person who has been forced or coerced to perform a commercial sex act including, but not limited to, being a victim of offenses defined in RCW 9A.40.100, 9A.88.070, 9.68A.101, and the trafficking victims protection act of 2000, 22 U.S.C. Sec. 7101 et seq.; or a person who was induced to perform a commercial sex act when they were less than 18 years of age including but not limited to the offenses defined in chapter 9.68A RCW.
(57) "Victim of sexual assault" means any person who is a victim of a sexual assault offense, nonconsensual sexual conduct, or nonconsensual sexual penetration and as a result suffers physical, emotional, financial, or psychological impacts. Sexual assault offenses include, but are not limited to, the offenses defined in chapter 9A.44 RCW.
(58) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a class A felony or an attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal conspiracy to commit a class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner; and
(xiv) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.
(59) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community that complies with RCW 9.94A.725.
(60) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.690 designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.
(61) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school.
[ 2022 c 231 s 11; (2022 c 231 s 10 expired July 1, 2022). Prior: 2021 c 237 s 1; 2021 c 215 s 97; prior: 2020 c 296 s 2; 2020 c 252 s 4; 2020 c 137 s 1; prior: 2019 c 331 s 5; 2019 c 271 s 6; 2019 c 187 s 1; 2019 c 46 s 5007; 2018 c 166 s 3; 2016 c 81 s 16; prior: 2015 c 287 s 1; 2015 c 261 s 12; 2012 c 143 s 1; prior: 2011 1st sp.s. c 40 s 8; 2011 c 87 s 2; prior: 2010 c 274 s 401; 2010 c 267 s 9; 2010 c 227 s 11; 2010 c 224 s 1; 2009 c 375 s 4; (2009 c 375 s 3 expired August 1, 2009); 2009 c 28 s 4; prior: 2008 c 276 s 309; 2008 c 231 s 23; 2008 c 230 s 2; 2008 c 7 s 1; prior: 2006 c 139 s 5; (2006 c 139 s 4 expired July 1, 2006); 2006 c 124 s 1; 2006 c 122 s 7; (2006 c 122 s 6 expired July 1, 2006); 2006 c 73 s 5; 2005 c 436 s 1; 2003 c 53 s 55; prior: 2002 c 175 s 5; 2002 c 107 s 2; prior: 2001 2nd sp.s. c 12 s 301; 2001 c 300 s 3; 2001 c 7 s 2; prior: 2001 c 287 s 4; 2001 c 95 s 1; 2000 c 28 s 2; 1999 c 352 s 8; 1999 c 197 s 1; 1999 c 196 s 2; 1998 c 290 s 3; prior: 1997 c 365 s 1; 1997 c 340 s 4; 1997 c 339 s 1; 1997 c 338 s 2; 1997 c 144 s 1; 1997 c 70 s 1; prior: 1996 c 289 s 1; 1996 c 275 s 5; prior: 1995 c 268 s 2; 1995 c 108 s 1; 1995 c 101 s 2; 1994 c 261 s 16; prior: 1994 c 1 s 3 (Initiative Measure No. 593, approved November 2, 1993); 1993 c 338 s 2; 1993 c 251 s 4; 1993 c 164 s 1; prior: 1992 c 145 s 6; 1992 c 75 s 1; prior: 1991 c 348 s 4; 1991 c 290 s 3; 1991 c 181 s 1; 1991 c 32 s 1; 1990 c 3 s 602; prior: 1989 c 394 s 1; 1989 c 252 s 2; prior: 1988 c 157 s 1; 1988 c 154 s 2; 1988 c 153 s 1; 1988 c 145 s 11; prior: 1987 c 458 s 1; 1987 c 456 s 1; 1987 c 187 s 3; 1986 c 257 s 17; 1985 c 346 s 5; 1984 c 209 s 3; 1983 c 164 s 9; 1983 c 163 s 1; 1982 c 192 s 1; 1981 c 137 s 3.]

NOTES:

Reviser's note: *(1) RCW 9.96.060 was amended by 2023 sp.s. c 1 s 11, changing subsection (7)(c) to subsection (8)(c).
**(2) RCW 72.66.060 and 72.65.070 were repealed by 2001 c 264 s 7. Cf. 2001 c 264 s 8.
***(3) RCW 9.94A.5011 expired August 1, 2014.
****(4) RCW 26.50.010 was repealed by 2021 c 215 s 170, effective July 1, 2022.
Expiration date2022 c 231 ss 7, 10, 12, 14, 16, and 17: "Sections 7, 10, 12, 14, 16, and 17 of this act expire July 1, 2022." [ 2022 c 231 s 18.]
Effective date2022 c 231 ss 8, 9, 11, 13, and 15: See note following RCW 7.105.010.
Effective date2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Short title2020 c 296: "This act may be known and cited as the Tiffany Hill act." [ 2020 c 296 s 1.]
Effective date2020 c 252: See note following RCW 9.94A.660.
Short title2019 c 331: See note following RCW 9.94A.637.
FindingConflict with federal requirements2016 c 81: See notes following RCW 9.97.010.
ApplicationRecalculation of community custody terms2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date2011 1st sp.s. c 40 ss 1-9, 42: See note following RCW 9.94A.501.
Intent2010 c 274: See note following RCW 10.31.100.
Application2010 c 267: See note following RCW 9A.44.128.
Expiration date2009 c 375 ss 1, 3, and 13: See note following RCW 9.94A.501.
Application2009 c 375: See note following RCW 9.94A.501.
Effective date2009 c 28: See note following RCW 2.24.040.
SeverabilityPart headings, subheadings not law2008 c 276: See notes following RCW 36.28A.200.
IntentApplicationApplication of repealersEffective date2008 c 231: See notes following RCW 9.94A.701.
Severability2008 c 231: See note following RCW 9.94A.500.
Delayed effective date2008 c 230 ss 1-3: See note following RCW 9A.44.130.
Short title2008 c 7: "This act may be known and cited as the Chelsea Harrison act." [ 2008 c 7 s 2.]
Effective date2006 c 139 s 5: "Section 5 of this act takes effect July 1, 2006." [ 2006 c 139 s 7.]
Expiration date2006 c 139 s 4: "Section 4 of this act expires July 1, 2006." [ 2006 c 139 s 6.]
Effective date2006 c 124: "Except for section 2 of this act, this act takes effect July 1, 2006." [ 2006 c 124 s 5.]
Effective date2006 c 122 ss 5 and 7: See note following RCW 9.94A.507.
Expiration date2006 c 122 ss 4 and 6: See note following RCW 9.94A.507.
Effective date2006 c 122 ss 1-4 and 6: See note following RCW 9.94A.836.
Effective date2006 c 73: See note following RCW 46.61.502.
IntentEffective date2003 c 53: See notes following RCW 2.48.180.
Effective date2002 c 175: See note following RCW 7.80.130.
Finding2002 c 107: "The legislature considers the majority opinions in State v. Cruz, 139 Wn.2d 186 (1999), and State v. Smith, Cause No. 70683-2 (September 6, 2001), to be wrongly decided, since neither properly interpreted legislative intent. When the legislature enacted the sentencing reform act, chapter 9.94A RCW, and each time the legislature has amended the act, the legislature intended that an offender's criminal history and offender score be determined using the statutory provisions that were in effect on the day the current offense was committed.
Although certain prior convictions previously were not counted in the offender score or included in the criminal history pursuant to former versions of RCW 9.94A.525, or RCW 9.94A.030, those prior convictions need not be "revived" because they were never vacated. As noted in the minority opinions in Cruz and Smith, such application of the law does not involve retroactive application or violate ex postfacto prohibitions. Additionally, the Washington state supreme court has repeatedly held in the past that the provisions of the sentencing reform act act upon and punish only current conduct; the sentencing reform act does not act upon or alter the punishment for prior convictions. See In re Personal Restraint Petition of Williams, 111 Wn.2d 353, (1988). The legislature has never intended to create in an offender a vested right with respect to whether a prior conviction is excluded when calculating an offender score or with respect to how a prior conviction is counted in the offender score for a current offense." [ 2002 c 107 s 1.]
Application2002 c 107: "RCW 9.94A.030(13) (b) and (c) and 9.94A.525(18) apply only to current offenses committed on or after June 13, 2002. No offender who committed his or her current offense prior to June 13, 2002, may be subject to resentencing as a result of this act." [ 2002 c 107 s 4.]
Application2001 2nd sp.s. c 12 ss 301-363: "(1) Sections 301 through 363 of this act shall not affect the validity of any sentence imposed under any other law for any offense committed before, on, or after September 1, 2001.
(2) Sections 301 through 363 of this act shall apply to offenses committed on or after September 1, 2001." [ 2001 2nd sp.s. c 12 s 503.]
IntentSeverabilityEffective dates2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Effective dates2001 c 287: See note following RCW 9A.76.115.
Effective date2001 c 95: "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 July 1, 2001." [ 2001 c 95 s 3.]
FindingIntent2001 c 7: "The legislature finds that an ambiguity may exist regarding whether out-of-state convictions or convictions under prior Washington law, for sex offenses that are comparable to current Washington offenses, count when determining whether an offender is a persistent offender. This act is intended to clarify the legislature's intent that out-of-state convictions for comparable sex offenses and prior Washington convictions for comparable sex offenses shall be used to determine whether an offender meets the definition of a persistent offender." [ 2001 c 7 s 1.]
Technical correction bill2000 c 28: See note following RCW 9.94A.015.
Severability1999 c 197: "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." [ 1999 c 197 s 14.]
ConstructionShort title1999 c 196: See RCW 72.09.904 and 72.09.905.
Severability1999 c 196: See note following RCW 9.94A.010.
ApplicationEffective dateSeverability1998 c 290: See notes following RCW 69.50.401.
FindingEvaluationReport1997 c 338: See note following RCW 13.40.0357.
SeverabilityEffective dates1997 c 338: See notes following RCW 5.60.060.
Finding1996 c 275: See note following RCW 9.94A.505.
Application1996 c 275 ss 1-5: See note following RCW 9.94A.505.
Purpose1995 c 268: "In order to eliminate a potential ambiguity over the scope of the term "sex offense," this act clarifies that for general purposes the definition of "sex offense" does not include any misdemeanors or gross misdemeanors. For purposes of the registration of sex offenders pursuant to RCW 9A.44.130, however, the definition of "sex offense" is expanded to include those gross misdemeanors that constitute attempts, conspiracies, and solicitations to commit class C felonies." [ 1995 c 268 s 1.]
Effective date1995 c 108: "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 immediately [April 19, 1995]." [ 1995 c 108 s 6.]
FindingIntent1994 c 261: See note following RCW 16.52.011.
SeverabilityShort titleCaptions1994 c 1: See notes following RCW 9.94A.555.
SeverabilityEffective date1993 c 338: See notes following RCW 72.09.400.
FindingIntent1993 c 251: See note following RCW 38.52.430.
Effective date1991 c 348: See note following RCW 46.61.520.
Effective dateApplication1990 c 3 ss 601-605: See note following RCW 9.94A.835.
Purpose1989 c 252: "The purpose of this act is to create a system that: (1) Assists the courts in sentencing felony offenders regarding the offenders' legal financial obligations; (2) holds offenders accountable to victims, counties, cities, the state, municipalities, and society for the assessed costs associated with their crimes; and (3) provides remedies for an individual or other entities to recoup or at least defray a portion of the loss associated with the costs of felonious behavior." [ 1989 c 252 s 1.]
Prospective application1989 c 252: "Except for sections 18, 22, 23, and 24 of this act, this act applies prospectively only and not retrospectively. It applies only to offenses committed on or after the effective date of this act." [ 1989 c 252 s 27.]
Effective dates1989 c 252: "(1) Sections 1 through 17, 19 through 21, 25, 26, and 28 of this act shall take effect July 1, 1990 unless otherwise directed by law.
(2) Sections 18, 22, 23, and 24 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 shall take effect July 1, 1989." [ 1989 c 252 s 30.]
Severability1989 c 252: "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." [ 1989 c 252 s 31.]
Application1988 c 157: "This act applies to crimes committed after July 1, 1988." [ 1988 c 157 s 7.]
Effective date1988 c 153: "This act shall take effect July 1, 1988." [ 1988 c 153 s 16.]
Application of increased sanctions1988 c 153: "Increased sanctions authorized by this act are applicable only to those persons committing offenses after July 1, 1988." [ 1988 c 153 s 15.]
Effective dateSavingsApplication1988 c 145: See notes following RCW 9A.44.010.
Severability1987 c 458: See note following RCW 48.21.160.
Severability1986 c 257: See note following RCW 9A.56.010.
Effective date1986 c 257 ss 17-35: "Sections 17 through 35 of this act shall take effect July 1, 1986." [ 1986 c 257 s 38.]
Effective dates1984 c 209: "Sections 1 through 26 of this act shall take effect on July 1, 1984, and sections 27 through 32 of this act shall take effect June 30, 1984." [ 1984 c 209 s 33.]
Effective date1983 c 163: See note following RCW 9.94A.505.
State preemption of criminal street gang definitions: Chapter 9.101 RCW.

Definitions. (Effective January 1, 2026.)

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Board" means the indeterminate sentence review board created under chapter 9.95 RCW.
(2) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.760, is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.
(3) "Commission" means the sentencing guidelines commission.
(4) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.
(5) "Community custody" means that portion of an offender's sentence of confinement in lieu of earned release time or imposed as part of a sentence under this chapter and served in the community subject to controls placed on the offender's movement and activities by the department.
(6) "Community protection zone" means the area within 880 feet of the facilities and grounds of a public or private school.
(7) "Community restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender.
(8) "Confinement" means total or partial confinement.
(9) "Conviction" means an adjudication of guilt pursuant to Title 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.
(10) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.
(11) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere, and any issued certificates of restoration of opportunity pursuant to RCW 9.97.020.
(a) The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.
(b) A conviction may be removed from a defendant's criminal history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 9.95.240, or a similar out-of-state statute, or if the conviction has been vacated pursuant to a governor's pardon. However, when a defendant is charged with a recidivist offense, "criminal history" includes a vacated prior conviction for the sole purpose of establishing that such vacated prior conviction constitutes an element of the present recidivist offense as provided in RCW 9.94A.640(4)(b) and * 9.96.060(7)(c).
(c) The determination of a defendant's criminal history is distinct from the determination of an offender score. A prior conviction that was not included in an offender score calculated pursuant to a former version of the sentencing reform act remains part of the defendant's criminal history.
(12) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having a common name or common identifying sign or symbol, having as one of its primary activities the commission of criminal acts, and whose members or associates individually or collectively engage in or have engaged in a pattern of criminal street gang activity. This definition does not apply to employees engaged in concerted activities for their mutual aid and protection, or to the activities of labor and bona fide nonprofit organizations or their members or agents.
(13) "Criminal street gang associate or member" means any person who actively participates in any criminal street gang and who intentionally promotes, furthers, or assists in any criminal act by the criminal street gang.
(14) "Criminal street gang-related offense" means any felony or misdemeanor offense, whether in this state or elsewhere, that is committed for the benefit of, at the direction of, or in association with any criminal street gang, or is committed with the intent to promote, further, or assist in any criminal conduct by the gang, or is committed for one or more of the following reasons:
(a) To gain admission, prestige, or promotion within the gang;
(b) To increase or maintain the gang's size, membership, prestige, dominance, or control in any geographical area;
(c) To exact revenge or retribution for the gang or any member of the gang;
(d) To obstruct justice, or intimidate or eliminate any witness against the gang or any member of the gang;
(e) To directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage for the gang, its reputation, influence, or membership; or
(f) To provide the gang with any advantage in, or any control or dominance over any criminal market sector, including, but not limited to, manufacturing, delivering, or selling any controlled substance (chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen property (chapter 9A.82 RCW); promoting prostitution (chapter 9A.88 RCW); human trafficking (RCW 9A.40.100); promoting commercial sexual abuse of a minor (RCW 9.68A.101); or promoting pornography (chapter 9.68 RCW).
(15) "Day fine" means a fine imposed by the sentencing court that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.
(16) "Day reporting" means a program of enhanced supervision designed to monitor the offender's daily activities and compliance with sentence conditions, and in which the offender is required to report daily to a specific location designated by the department or the sentencing court.
(17) "Department" means the department of corrections.
(18) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community custody, the number of actual hours or days of community restitution work, or dollars or terms of a legal financial obligation. The fact that an offender through earned release can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.
(19) "Disposable earnings" means that part of the earnings of an offender remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.
(20)(a) "Domestic violence" has the same meaning as defined in RCW 10.99.020.
(b) "Domestic violence" also means: (i) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault, sexual assault, or stalking, as defined in RCW 9A.46.110, of one intimate partner by another intimate partner as defined in RCW 10.99.020; or (ii) physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault, sexual assault, or stalking, as defined in RCW 9A.46.110, of one family or household member by another family or household member as defined in RCW 10.99.020.
(21) "Drug offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense who are eligible for the option under RCW 9.94A.660.
(22) "Drug offender sentencing alternative for driving under the influence" is a sentencing option available to persons convicted of felony driving while under the influence of intoxicating liquor or any drug under RCW 46.61.502(6), or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug under RCW 46.61.504(6) who are eligible under RCW 9.94A.661.
(23) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.4013) or forged prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.
(24) "Earned release" means earned release from confinement as provided in RCW 9.94A.728.
(25) "Electronic monitoring" means tracking the location of an individual through the use of technology that is capable of determining or identifying the monitored individual's presence or absence at a particular location including, but not limited to:
(a) Radio frequency signaling technology, which detects if the monitored individual is or is not at an approved location and notifies the monitoring agency of the time that the monitored individual either leaves the approved location or tampers with or removes the monitoring device; or
(b) Active or passive global positioning system technology, which detects the location of the monitored individual and notifies the monitoring agency of the monitored individual's location and which may also include electronic monitoring with victim notification technology that is capable of notifying a victim or protected party, either directly or through a monitoring agency, if the monitored individual enters within the restricted distance of a victim or protected party, or within the restricted distance of a designated location.
(26) "Escape" means:
(a) Sexually violent predator escape (RCW 9A.76.115), escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (**RCW 72.66.060), willful failure to return from work release (**RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.
(27) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-run injury-accident (RCW 46.52.020(4)), felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.
(28) "Fine" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specific period of time.
(29) "First-time offender" means any person who has no prior convictions for a felony and is eligible for the first-time offender waiver under RCW 9.94A.650.
(30) "Home detention" is a subset of electronic monitoring and means a program of partial confinement available to offenders wherein the offender is confined in a private residence 24 hours a day, unless an absence from the residence is approved, authorized, or otherwise permitted in the order by the court or other supervising agency that ordered home detention, and the offender is subject to electronic monitoring.
(31) "Homelessness" or "homeless" means a condition where an individual lacks a fixed, regular, and adequate nighttime residence and who has a primary nighttime residence that is:
(a) A supervised, publicly or privately operated shelter designed to provide temporary living accommodations;
(b) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or
(c) A private residence where the individual stays as a transient invitee.
(32) "Legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.
(33) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:
(a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age 14;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Sexual exploitation;
(p) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;
(q) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(r) Any other class B felony offense with a finding of sexual motivation;
(s) Any other felony with a deadly weapon verdict under RCW 9.94A.825;
(t) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection;
(u)(i) A prior conviction for indecent liberties under RCW 9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of 14; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997;
(v) Any out-of-state conviction for a felony offense with a finding of sexual motivation if the minimum sentence imposed was 10 years or more; provided that the out-of-state felony offense must be comparable to a felony offense under this title and Title 9A RCW and the out-of-state definition of sexual motivation must be comparable to the definition of sexual motivation contained in this section.
(34) "Nonviolent offense" means an offense which is not a violent offense.
(35) "Offender" means a person who has committed a felony established by state law and is 18 years of age or older or is less than 18 years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. In addition, for the purpose of community custody requirements under this chapter, "offender" also means a misdemeanant or gross misdemeanant probationer ordered by a superior court to probation pursuant to RCW 9.92.060, 9.95.204, or 9.95.210 and supervised by the department pursuant to RCW 9.94A.501 and *** 9.94A.5011. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.
(36) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention, electronic monitoring, or work crew has been ordered by the court or home detention has been ordered by the department as part of the parenting program or the graduated reentry program, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, electronic monitoring, and a combination of work crew, electronic monitoring, and home detention.
(37) "Pattern of criminal street gang activity" means:
(a) The commission, attempt, conspiracy, or solicitation of, or any prior juvenile adjudication of or adult conviction of, two or more of the following criminal street gang-related offenses:
(i) Any "serious violent" felony offense as defined in this section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a Child 1 (RCW 9A.36.120);
(ii) Any "violent" offense as defined by this section, excluding Assault of a Child 2 (RCW 9A.36.130);
(iii) Deliver or Possession with Intent to Deliver a Controlled Substance (chapter 69.50 RCW);
(iv) Any violation of the firearms and dangerous weapon act (chapter 9.41 RCW);
(v) Theft of a Firearm (RCW 9A.56.300);
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);
(vii) Hate Crime (RCW 9A.36.080);
(viii) Harassment where a subsequent violation or deadly threat is made (RCW 9A.46.020(2)(b));
(ix) Criminal Gang Intimidation (RCW 9A.46.120);
(x) Any felony conviction by a person 18 years of age or older with a special finding of involving a juvenile in a felony offense under RCW 9.94A.833;
(xi) Residential Burglary (RCW 9A.52.025);
(xii) Burglary 2 (RCW 9A.52.030);
(xiii) Malicious Mischief 1 (RCW 9A.48.070);
(xiv) Malicious Mischief 2 (RCW 9A.48.080);
(xv) Theft of a Motor Vehicle (RCW 9A.56.065);
(xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068);
(xvii) Taking a Motor Vehicle Without Permission 1 (RCW 9A.56.070);
(xviii) Taking a Motor Vehicle Without Permission 2 (RCW 9A.56.075);
(xix) Extortion 1 (RCW 9A.56.120);
(xx) Extortion 2 (RCW 9A.56.130);
(xxi) Intimidating a Witness (RCW 9A.72.110);
(xxii) Tampering with a Witness (RCW 9A.72.120);
(xxiii) Reckless Endangerment (RCW 9A.36.050);
(xxiv) Coercion (RCW 9A.36.070);
(xxv) Harassment (RCW 9A.46.020); or
(xxvi) Malicious Mischief 3 (RCW 9A.48.090);
(b) That at least one of the offenses listed in (a) of this subsection shall have occurred after July 1, 2008;
(c) That the most recent committed offense listed in (a) of this subsection occurred within three years of a prior offense listed in (a) of this subsection; and
(d) Of the offenses that were committed in (a) of this subsection, the offenses occurred on separate occasions or were committed by two or more persons.
(38) "Persistent offender" is an offender who:
(a)(i) Has been convicted in this state of any felony considered a most serious offense; and
(ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.525; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or
(b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) any of the following offenses with a finding of sexual motivation: Murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, assault of a child in the second degree, or burglary in the first degree; or (C) an attempt to commit any crime listed in this subsection (38)(b)(i); and
(ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection or any federal or out-of-state offense or offense under prior Washington law that is comparable to the offenses listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under (b)(i) of this subsection only when the offender was 16 years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under (b)(i) of this subsection only when the offender was 18 years of age or older when the offender committed the offense.
(39) "Predatory" means: (a) The perpetrator of the crime was a stranger to the victim, as defined in this section; (b) the perpetrator established or promoted a relationship with the victim prior to the offense and the victimization of the victim was a significant reason the perpetrator established or promoted the relationship; or (c) the perpetrator was: (i) A teacher, counselor, volunteer, or other person in authority in any public or private school and the victim was a student of the school under his or her authority or supervision. For purposes of this subsection, "school" does not include home-based instruction as defined in RCW 28A.225.010; (ii) a coach, trainer, volunteer, or other person in authority in any recreational activity and the victim was a participant in the activity under his or her authority or supervision; (iii) a pastor, elder, volunteer, or other person in authority in any church or religious organization, and the victim was a member or participant of the organization under his or her authority; or (iv) a teacher, counselor, volunteer, or other person in authority providing home-based instruction and the victim was a student receiving home-based instruction while under his or her authority or supervision. For purposes of this subsection: (A) "Home-based instruction" has the same meaning as defined in RCW 28A.225.010; and (B) "teacher, counselor, volunteer, or other person in authority" does not include the parent or legal guardian of the victim.
(40) "Private school" means a school regulated under chapter 28A.195 or 28A.205 RCW.
(41) "Public school" has the same meaning as in RCW 28A.150.010.
(42) "Recidivist offense" means a felony offense where a prior conviction of the same offense or other specified offense is an element of the crime including, but not limited to:
(a) Assault in the fourth degree where domestic violence is pleaded and proven, RCW 9A.36.041(3);
(b) Cyber harassment, RCW 9A.90.120(2)(b)(i);
(c) Harassment, RCW 9A.46.020(2)(b)(i);
(d) Indecent exposure, RCW 9A.88.010(2)(c);
(e) Stalking, RCW 9A.46.110(5)(b) (i) and (iii);
(f) Telephone harassment, RCW 9.61.230(2)(a); and
(g) Violation of a no-contact or protection order, RCW 7.105.450 or former RCW 26.50.110(5).
(43) "Repetitive domestic violence offense" means any:
(a)(i) Domestic violence assault that is not a felony offense under RCW 9A.36.041;
(ii) Domestic violence violation of a no-contact order under chapter 10.99 RCW that is not a felony offense;
(iii) Domestic violence violation of a protection order under chapter 26.09, 26.26A, or 26.26B RCW or former chapter 26.50 RCW, or violation of a domestic violence protection order under chapter 7.105 RCW, that is not a felony offense;
(iv) Domestic violence harassment offense under RCW 9A.46.020 that is not a felony offense; or
(v) Domestic violence stalking offense under RCW 9A.46.110 that is not a felony offense; or
(b) Any federal, out-of-state, tribal court, military, county, or municipal conviction for an offense that under the laws of this state would be classified as a repetitive domestic violence offense under (a) of this subsection.
(44) "Restitution" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specified period of time as payment of damages. The sum may include both public and private costs.
(45) "Risk assessment" means the application of the risk instrument recommended to the department by the Washington state institute for public policy as having the highest degree of predictive accuracy for assessing an offender's risk of reoffense.
(46) "Serious traffic offense" means:
(a)(i) Nonfelony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502);
(ii) Nonfelony actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504);
(iii) Reckless driving (RCW 46.61.500);
(iv) Negligent driving if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522 while under the influence of intoxicating liquor or any drug (RCW 46.61.5249);
(v) Reckless endangerment if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522 while under the influence of intoxicating liquor or any drug (RCW 9A.36.050); or
(vi) Hit-and-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.
(c) This definition applies for the purpose of a personal driver's license only and does not apply to violations related to a commercial motor vehicle under RCW 46.25.090.
(47) "Serious violent offense" is a subcategory of violent offense and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first degree; or
(ix) An attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.
(48) "Sex offense" means:
(a)(i) A felony that is a violation of chapter 9A.44 RCW other than RCW 9A.44.132;
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of chapter 9.68A RCW other than RCW 9.68A.080;
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes; or
(v) A felony violation of RCW 9A.44.132(1) (failure to register as a sex offender) if the person has been convicted of violating RCW 9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 prior to June 10, 2010, on at least one prior occasion;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135; or
(d) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
(49) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
(50) "Standard sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.
(51) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the crime, or other statute defining the maximum penalty for a crime.
(52) "Stranger" means that the victim did not know the offender 24 hours before the offense.
(53) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for 24 hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(54) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.
(55) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.
(56) "Victim of domestic violence" means an intimate partner or household member who has been subjected to the infliction of physical harm or sexual and psychological abuse by an intimate partner or household member as part of a pattern of assaultive, coercive, and controlling behaviors directed at achieving compliance from or control over that intimate partner or household member. Domestic violence includes, but is not limited to, the offenses listed in RCW 10.99.020 and **** 26.50.010 committed by an intimate partner or household member against a victim who is an intimate partner or household member.
(57) "Victim of sex trafficking, prostitution, or commercial sexual abuse of a minor" means a person who has been forced or coerced to perform a commercial sex act including, but not limited to, being a victim of offenses defined in RCW 9A.40.100, 9A.88.070, 9.68A.101, and the trafficking victims protection act of 2000, 22 U.S.C. Sec. 7101 et seq.; or a person who was induced to perform a commercial sex act when they were less than 18 years of age including but not limited to the offenses defined in chapter 9.68A RCW.
(58) "Victim of sexual assault" means any person who is a victim of a sexual assault offense, nonconsensual sexual conduct, or nonconsensual sexual penetration and as a result suffers physical, emotional, financial, or psychological impacts. Sexual assault offenses include, but are not limited to, the offenses defined in chapter 9A.44 RCW.
(59) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a class A felony or an attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal conspiracy to commit a class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner; and
(xiv) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.
(60) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community that complies with RCW 9.94A.725.
(61) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.690 designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.
(62) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school.
[ 2024 c 306 s 2; 2022 c 231 s 11; (2022 c 231 s 10 expired July 1, 2022). Prior: 2021 c 237 s 1; 2021 c 215 s 97; prior: 2020 c 296 s 2; 2020 c 252 s 4; 2020 c 137 s 1; prior: 2019 c 331 s 5; 2019 c 271 s 6; 2019 c 187 s 1; 2019 c 46 s 5007; 2018 c 166 s 3; 2016 c 81 s 16; prior: 2015 c 287 s 1; 2015 c 261 s 12; 2012 c 143 s 1; prior: 2011 1st sp.s. c 40 s 8; 2011 c 87 s 2; prior: 2010 c 274 s 401; 2010 c 267 s 9; 2010 c 227 s 11; 2010 c 224 s 1; 2009 c 375 s 4; (2009 c 375 s 3 expired August 1, 2009); 2009 c 28 s 4; prior: 2008 c 276 s 309; 2008 c 231 s 23; 2008 c 230 s 2; 2008 c 7 s 1; prior: 2006 c 139 s 5; (2006 c 139 s 4 expired July 1, 2006); 2006 c 124 s 1; 2006 c 122 s 7; (2006 c 122 s 6 expired July 1, 2006); 2006 c 73 s 5; 2005 c 436 s 1; 2003 c 53 s 55; prior: 2002 c 175 s 5; 2002 c 107 s 2; prior: 2001 2nd sp.s. c 12 s 301; 2001 c 300 s 3; 2001 c 7 s 2; prior: 2001 c 287 s 4; 2001 c 95 s 1; 2000 c 28 s 2; 1999 c 352 s 8; 1999 c 197 s 1; 1999 c 196 s 2; 1998 c 290 s 3; prior: 1997 c 365 s 1; 1997 c 340 s 4; 1997 c 339 s 1; 1997 c 338 s 2; 1997 c 144 s 1; 1997 c 70 s 1; prior: 1996 c 289 s 1; 1996 c 275 s 5; prior: 1995 c 268 s 2; 1995 c 108 s 1; 1995 c 101 s 2; 1994 c 261 s 16; prior: 1994 c 1 s 3 (Initiative Measure No. 593, approved November 2, 1993); 1993 c 338 s 2; 1993 c 251 s 4; 1993 c 164 s 1; prior: 1992 c 145 s 6; 1992 c 75 s 1; prior: 1991 c 348 s 4; 1991 c 290 s 3; 1991 c 181 s 1; 1991 c 32 s 1; 1990 c 3 s 602; prior: 1989 c 394 s 1; 1989 c 252 s 2; prior: 1988 c 157 s 1; 1988 c 154 s 2; 1988 c 153 s 1; 1988 c 145 s 11; prior: 1987 c 458 s 1; 1987 c 456 s 1; 1987 c 187 s 3; 1986 c 257 s 17; 1985 c 346 s 5; 1984 c 209 s 3; 1983 c 164 s 9; 1983 c 163 s 1; 1982 c 192 s 1; 1981 c 137 s 3.]

NOTES:

Reviser's note: *(1) RCW 9.96.060 was amended by 2023 sp.s. c 1 s 11, changing subsection (7)(c) to subsection (8)(c).
**(2) RCW 72.66.060 and 72.65.070 were repealed by 2001 c 264 s 7. Cf. 2001 c 264 s 8.
***(3) RCW 9.94A.5011 expired August 1, 2014.
****(4) RCW 26.50.010 was repealed by 2021 c 215 s 170.
Effective date2024 c 306: See note following RCW 9.94A.661.
Expiration date2022 c 231 ss 7, 10, 12, 14, 16, and 17: "Sections 7, 10, 12, 14, 16, and 17 of this act expire July 1, 2022." [ 2022 c 231 s 18.]
Effective date2022 c 231 ss 8, 9, 11, 13, and 15: See note following RCW 7.105.010.
Effective date2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Short title2020 c 296: "This act may be known and cited as the Tiffany Hill act." [ 2020 c 296 s 1.]
Effective date2020 c 252: See note following RCW 9.94A.660.
Short title2019 c 331: See note following RCW 9.94A.637.
FindingConflict with federal requirements2016 c 81: See notes following RCW 9.97.010.
ApplicationRecalculation of community custody terms2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date2011 1st sp.s. c 40 ss 1-9, 42: See note following RCW 9.94A.501.
Intent2010 c 274: See note following RCW 10.31.100.
Application2010 c 267: See note following RCW 9A.44.128.
Expiration date2009 c 375 ss 1, 3, and 13: See note following RCW 9.94A.501.
Application2009 c 375: See note following RCW 9.94A.501.
Effective date2009 c 28: See note following RCW 2.24.040.
SeverabilityPart headings, subheadings not law2008 c 276: See notes following RCW 36.28A.200.
IntentApplicationApplication of repealersEffective date2008 c 231: See notes following RCW 9.94A.701.
Severability2008 c 231: See note following RCW 9.94A.500.
Delayed effective date2008 c 230 ss 1-3: See note following RCW 9A.44.130.
Short title2008 c 7: "This act may be known and cited as the Chelsea Harrison act." [ 2008 c 7 s 2.]
Effective date2006 c 139 s 5: "Section 5 of this act takes effect July 1, 2006." [ 2006 c 139 s 7.]
Expiration date2006 c 139 s 4: "Section 4 of this act expires July 1, 2006." [ 2006 c 139 s 6.]
Effective date2006 c 124: "Except for section 2 of this act, this act takes effect July 1, 2006." [ 2006 c 124 s 5.]
Effective date2006 c 122 ss 5 and 7: See note following RCW 9.94A.507.
Expiration date2006 c 122 ss 4 and 6: See note following RCW 9.94A.507.
Effective date2006 c 122 ss 1-4 and 6: See note following RCW 9.94A.836.
Effective date2006 c 73: See note following RCW 46.61.502.
IntentEffective date2003 c 53: See notes following RCW 2.48.180.
Effective date2002 c 175: See note following RCW 7.80.130.
Finding2002 c 107: "The legislature considers the majority opinions in State v. Cruz, 139 Wn.2d 186 (1999), and State v. Smith, Cause No. 70683-2 (September 6, 2001), to be wrongly decided, since neither properly interpreted legislative intent. When the legislature enacted the sentencing reform act, chapter 9.94A RCW, and each time the legislature has amended the act, the legislature intended that an offender's criminal history and offender score be determined using the statutory provisions that were in effect on the day the current offense was committed.
Although certain prior convictions previously were not counted in the offender score or included in the criminal history pursuant to former versions of RCW 9.94A.525, or RCW 9.94A.030, those prior convictions need not be "revived" because they were never vacated. As noted in the minority opinions in Cruz and Smith, such application of the law does not involve retroactive application or violate ex postfacto prohibitions. Additionally, the Washington state supreme court has repeatedly held in the past that the provisions of the sentencing reform act act upon and punish only current conduct; the sentencing reform act does not act upon or alter the punishment for prior convictions. See In re Personal Restraint Petition of Williams, 111 Wn.2d 353, (1988). The legislature has never intended to create in an offender a vested right with respect to whether a prior conviction is excluded when calculating an offender score or with respect to how a prior conviction is counted in the offender score for a current offense." [ 2002 c 107 s 1.]
Application2002 c 107: "RCW 9.94A.030(13) (b) and (c) and 9.94A.525(18) apply only to current offenses committed on or after June 13, 2002. No offender who committed his or her current offense prior to June 13, 2002, may be subject to resentencing as a result of this act." [ 2002 c 107 s 4.]
Application2001 2nd sp.s. c 12 ss 301-363: "(1) Sections 301 through 363 of this act shall not affect the validity of any sentence imposed under any other law for any offense committed before, on, or after September 1, 2001.
(2) Sections 301 through 363 of this act shall apply to offenses committed on or after September 1, 2001." [ 2001 2nd sp.s. c 12 s 503.]
IntentSeverabilityEffective dates2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Effective dates2001 c 287: See note following RCW 9A.76.115.
Effective date2001 c 95: "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 July 1, 2001." [ 2001 c 95 s 3.]
FindingIntent2001 c 7: "The legislature finds that an ambiguity may exist regarding whether out-of-state convictions or convictions under prior Washington law, for sex offenses that are comparable to current Washington offenses, count when determining whether an offender is a persistent offender. This act is intended to clarify the legislature's intent that out-of-state convictions for comparable sex offenses and prior Washington convictions for comparable sex offenses shall be used to determine whether an offender meets the definition of a persistent offender." [ 2001 c 7 s 1.]
Technical correction bill2000 c 28: See note following RCW 9.94A.015.
Severability1999 c 197: "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." [ 1999 c 197 s 14.]
ConstructionShort title1999 c 196: See RCW 72.09.904 and 72.09.905.
Severability1999 c 196: See note following RCW 9.94A.010.
ApplicationEffective dateSeverability1998 c 290: See notes following RCW 69.50.401.
FindingEvaluationReport1997 c 338: See note following RCW 13.40.0357.
SeverabilityEffective dates1997 c 338: See notes following RCW 5.60.060.
Finding1996 c 275: See note following RCW 9.94A.505.
Application1996 c 275 ss 1-5: See note following RCW 9.94A.505.
Purpose1995 c 268: "In order to eliminate a potential ambiguity over the scope of the term "sex offense," this act clarifies that for general purposes the definition of "sex offense" does not include any misdemeanors or gross misdemeanors. For purposes of the registration of sex offenders pursuant to RCW 9A.44.130, however, the definition of "sex offense" is expanded to include those gross misdemeanors that constitute attempts, conspiracies, and solicitations to commit class C felonies." [ 1995 c 268 s 1.]
Effective date1995 c 108: "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 immediately [April 19, 1995]." [ 1995 c 108 s 6.]
FindingIntent1994 c 261: See note following RCW 16.52.011.
SeverabilityShort titleCaptions1994 c 1: See notes following RCW 9.94A.555.
SeverabilityEffective date1993 c 338: See notes following RCW 72.09.400.
FindingIntent1993 c 251: See note following RCW 38.52.430.
Effective date1991 c 348: See note following RCW 46.61.520.
Effective dateApplication1990 c 3 ss 601-605: See note following RCW 9.94A.835.
Purpose1989 c 252: "The purpose of this act is to create a system that: (1) Assists the courts in sentencing felony offenders regarding the offenders' legal financial obligations; (2) holds offenders accountable to victims, counties, cities, the state, municipalities, and society for the assessed costs associated with their crimes; and (3) provides remedies for an individual or other entities to recoup or at least defray a portion of the loss associated with the costs of felonious behavior." [ 1989 c 252 s 1.]
Prospective application1989 c 252: "Except for sections 18, 22, 23, and 24 of this act, this act applies prospectively only and not retrospectively. It applies only to offenses committed on or after the effective date of this act." [ 1989 c 252 s 27.]
Effective dates1989 c 252: "(1) Sections 1 through 17, 19 through 21, 25, 26, and 28 of this act shall take effect July 1, 1990 unless otherwise directed by law.
(2) Sections 18, 22, 23, and 24 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 shall take effect July 1, 1989." [ 1989 c 252 s 30.]
Severability1989 c 252: "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." [ 1989 c 252 s 31.]
Application1988 c 157: "This act applies to crimes committed after July 1, 1988." [ 1988 c 157 s 7.]
Effective date1988 c 153: "This act shall take effect July 1, 1988." [ 1988 c 153 s 16.]
Application of increased sanctions1988 c 153: "Increased sanctions authorized by this act are applicable only to those persons committing offenses after July 1, 1988." [ 1988 c 153 s 15.]
Effective dateSavingsApplication1988 c 145: See notes following RCW 9A.44.010.
Severability1987 c 458: See note following RCW 48.21.160.
Severability1986 c 257: See note following RCW 9A.56.010.
Effective date1986 c 257 ss 17-35: "Sections 17 through 35 of this act shall take effect July 1, 1986." [ 1986 c 257 s 38.]
Effective dates1984 c 209: "Sections 1 through 26 of this act shall take effect on July 1, 1984, and sections 27 through 32 of this act shall take effect June 30, 1984." [ 1984 c 209 s 33.]
Effective date1983 c 163: See note following RCW 9.94A.505.
State preemption of criminal street gang definitions: Chapter 9.101 RCW.



Classification of felonies not in Title 9A RCW.

For a felony defined by a statute of this state that is not in Title 9A RCW, unless otherwise provided:
(1) If the maximum sentence of imprisonment authorized by law upon a first conviction of such felony is twenty years or more, such felony shall be treated as a class A felony for purposes of this chapter;
(2) If the maximum sentence of imprisonment authorized by law upon a first conviction of such felony is eight years or more, but less than twenty years, such felony shall be treated as a class B felony for purposes of this chapter;
(3) If the maximum sentence of imprisonment authorized by law upon a first conviction of such felony is less than eight years, such felony shall be treated as a class C felony for purposes of this chapter.



Tolling of term of confinement, supervision.

(1) A term of confinement ordered in a sentence pursuant to this chapter shall be tolled by any period of time during which the offender has absented himself or herself from confinement without the prior approval of the entity in whose custody the offender has been placed. A term of partial confinement shall be tolled during any period of time spent in total confinement pursuant to a new conviction.
(2) Any term of community custody shall be tolled by any period of time during which the offender has absented himself or herself from supervision without prior approval of the entity under whose supervision the offender has been placed.
(3)(a) For offenders other than sex offenders serving a sentence for a sex offense as defined in RCW 9.94A.030, any period of community custody shall be tolled during any period of time the offender is in confinement for any reason unless the offender is detained pursuant to RCW 9.94A.740 or 9.94A.631 for the period of time prior to the hearing or for confinement pursuant to sanctions imposed for violation of sentence conditions, in which case, the period of community custody shall not toll. However, sanctions that result in the imposition of the remaining sentence or the original sentence will continue to toll the period of community custody. In addition, inpatient treatment ordered by the court in lieu of jail time shall not toll the period of community custody.
(b) For sex offenders serving a sentence for a sex offense as defined in RCW 9.94A.030, any period of community custody shall be tolled during any period of time the sex offender is in confinement for any reason.
(4) For terms of confinement or community custody, the date for the tolling of the sentence shall be established by the entity responsible for the confinement or supervision.
(5) For the purposes of this section, "tolling" means the period of time in which community custody or confinement time is paused and for which the offender does not receive credit towards the term ordered.

NOTES:

ApplicationRecalculation of community custody terms2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date2011 1st sp.s. c 40 ss 1-9, 42: See note following RCW 9.94A.501.
IntentApplicationApplication of repealersEffective date2008 c 231: See notes following RCW 9.94A.701.
Severability2008 c 231: See note following RCW 9.94A.500.
Effective date2000 c 226 s 5: "Section 5 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 [March 30, 2000]." [ 2000 c 226 s 7.]
FindingIntentSeverability2000 c 226: See notes following RCW 9.94A.505.
ConstructionShort title1999 c 196: See RCW 72.09.904 and 72.09.905.
Severability1999 c 196: See note following RCW 9.94A.010.
Effective dateApplication of increased sanctions1988 c 153: See notes following RCW 9.94A.030.
Effective date1981 c 137: See RCW 9.94A.905.



Terms of more than one year or less than one yearWhere servedReimbursement of costs. (Effective until January 1, 2026.)

(1) A sentence that includes a term or terms of confinement totaling more than one year shall be served in a facility or institution operated, or utilized under contract, by the state, or in home detention pursuant to RCW 9.94A.6551 or the graduated reentry program under RCW 9.94A.733. Except as provided in subsection (3) or (5) of this section, a sentence of not more than one year of confinement shall be served in a facility operated, licensed, or utilized under contract, by the county, or if home detention or work crew has been ordered by the court, in the residence of either the offender or a member of the offender's immediate family.
(2) If a county uses a state partial confinement facility for the partial confinement of a person sentenced to confinement for not more than one year, the county shall reimburse the state for the use of the facility as provided in this subsection. The office of financial management shall set the rate of reimbursement based upon the average per diem cost per offender in the facility. The office of financial management shall determine to what extent, if any, reimbursement shall be reduced or eliminated because of funds provided by the legislature to the department for the purpose of covering the cost of county use of state partial confinement facilities. The office of financial management shall reestablish reimbursement rates each even-numbered year.
(3) A person who is sentenced for a felony to a term of not more than one year, and who is committed or returned to incarceration in a state facility on another felony conviction, either under the indeterminate sentencing laws, chapter 9.95 RCW, or under this chapter shall serve all terms of confinement, including a sentence of not more than one year, in a facility or institution operated, or utilized under contract, by the state, consistent with the provisions of RCW 9.94A.589.
(4) Notwithstanding any other provision of this section, a sentence imposed pursuant to RCW 9.94A.660 which has a standard sentence range of over one year, regardless of length, shall be served in a facility or institution operated, or utilized under contract, by the state.
(5) Sentences imposed pursuant to RCW 9.94A.507 shall be served in a facility or institution operated, or utilized under contract, by the state.

NOTES:

Effective date2009 c 28: See note following RCW 2.24.040.
IntentSeverabilityEffective dates2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Technical correction bill2000 c 28: See note following RCW 9.94A.015.
Effective date1995 c 108: See note following RCW 9.94A.030.
Severability1986 c 257: See note following RCW 9A.56.010.
Effective date1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates1984 c 209: See note following RCW 9.94A.030.
Effective date1981 c 137: See RCW 9.94A.905.

Terms of more than one year or less than one yearWhere servedReimbursement of costs. (Effective January 1, 2026.)

(1) A sentence that includes a term or terms of confinement totaling more than one year shall be served in a facility or institution operated, or utilized under contract, by the state, or in home detention pursuant to RCW 9.94A.6551 or the graduated reentry program under RCW 9.94A.733. Except as provided in subsection (3) or (5) of this section, a sentence of not more than one year of confinement shall be served in a facility operated, licensed, or utilized under contract, by the county, or if home detention or work crew has been ordered by the court, in the residence of either the offender or a member of the offender's immediate family.
(2) If a county uses a state partial confinement facility for the partial confinement of a person sentenced to confinement for not more than one year, the county shall reimburse the state for the use of the facility as provided in this subsection. The office of financial management shall set the rate of reimbursement based upon the average per diem cost per offender in the facility. The office of financial management shall determine to what extent, if any, reimbursement shall be reduced or eliminated because of funds provided by the legislature to the department for the purpose of covering the cost of county use of state partial confinement facilities. The office of financial management shall reestablish reimbursement rates each even-numbered year.
(3) A person who is sentenced for a felony to a term of not more than one year, and who is committed or returned to incarceration in a state facility on another felony conviction, either under the indeterminate sentencing laws, chapter 9.95 RCW, or under this chapter shall serve all terms of confinement, including a sentence of not more than one year, in a facility or institution operated, or utilized under contract, by the state, consistent with the provisions of RCW 9.94A.589.
(4) Notwithstanding any other provision of this section, a sentence imposed pursuant to RCW 9.94A.660 or 9.94A.661 which has a standard sentence range of over one year, regardless of length, shall be served in a facility or institution operated, or utilized under contract, by the state.
(5) Sentences imposed pursuant to RCW 9.94A.507 shall be served in a facility or institution operated, or utilized under contract, by the state.

NOTES:

Effective date2024 c 306: See note following RCW 9.94A.661.
Effective date2009 c 28: See note following RCW 2.24.040.
IntentSeverabilityEffective dates2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Technical correction bill2000 c 28: See note following RCW 9.94A.015.
Effective date1995 c 108: See note following RCW 9.94A.030.
Severability1986 c 257: See note following RCW 9A.56.010.
Effective date1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates1984 c 209: See note following RCW 9.94A.030.
Effective date1981 c 137: See RCW 9.94A.905.



Equal application.

The sentencing guidelines and prosecuting standards apply equally to offenders in all parts of the state, without discrimination as to any element that does not relate to the crime or the previous record of the defendant.



Timing.

Except as otherwise provided in this chapter, any sentence imposed under this chapter shall be determined in accordance with the law in effect when the current offense was committed.

NOTES:

Effective date2021 c 286: "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 12, 2021]." [ 2021 c 286 s 3.]
Intent2000 c 26: "RCW 9.94A.345 is intended to cure any ambiguity that might have led to the Washington supreme court's decision in State v. Cruz, Cause No. 67147-8 (October 7, 1999). A decision as to whether a prior conviction shall be included in an individual's offender score should be determined by the law in effect on the day the current offense was committed. RCW 9.94A.345 is also intended to clarify the applicability of statutes creating new sentencing alternatives or modifying the availability of existing alternatives." [ 2000 c 26 s 1.]



PROSECUTORIAL STANDARDS

Introduction.

These standards are intended solely for the guidance of prosecutors in the state of Washington. They are not intended to, do not and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state.
[ 1983 c 115 s 14. Formerly RCW 9.94A.430.]



Evidentiary sufficiency.

(1) Decision not to prosecute.
STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.
GUIDELINE/COMMENTARY:
Examples
The following are examples of reasons not to prosecute which could satisfy the standard.
(a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.
(b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:
(i) It has not been enforced for many years; and
(ii) Most members of society act as if it were no longer in existence; and
(iii) It serves no deterrent or protective purpose in today's society; and
(iv) The statute has not been recently reconsidered by the legislature.
This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.
(c) De Minimis Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.
(d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and
(i) Conviction of the new offense would not merit any additional direct or collateral punishment;
(ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and
(iii) Conviction of the new offense would not serve any significant deterrent purpose.
(e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and
(i) Conviction of the new offense would not merit any additional direct or collateral punishment;
(ii) Conviction in the pending prosecution is imminent;
(iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and
(iv) Conviction of the new offense would not serve any significant deterrent purpose.
(f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. This reason should be limited to minor cases and should not be relied upon in serious cases.
(g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.
(h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused's information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.
(i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:
(i) Assault cases where the victim has suffered little or no injury;
(ii) Crimes against property, not involving violence, where no major loss was suffered;
(iii) Where doing so would not jeopardize the safety of society.
Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.
The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.
Notification
The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.
(2) Decision to prosecute.
(a) STANDARD:
Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact finder. With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be provided pursuant to RCW 9.94A.670.
Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.
See table below for the crimes within these categories.
CATEGORIZATION OF CRIMES FOR PROSECUTING STANDARDS
CRIMES AGAINST PERSONS
Aggravated Murder (RCW 10.95.020)
1st Degree Murder (RCW 9A.32.030)
2nd Degree Murder (RCW 9A.32.050)
1st Degree Manslaughter (RCW 9A.32.060)
2nd Degree Manslaughter (RCW 9A.32.070)
1st Degree Kidnapping (RCW 9A.40.020)
2nd Degree Kidnapping (RCW 9A.40.030)
1st Degree Assault (RCW 9A.36.011)
2nd Degree Assault (RCW 9A.36.021)
3rd Degree Assault (RCW 9A.36.031)
4th Degree Assault (if a violation of RCW 9A.36.041(3))
1st Degree Assault of a Child (RCW 9A.36.120)
2nd Degree Assault of a Child (RCW 9A.36.130)
3rd Degree Assault of a Child (RCW 9A.36.140)
1st Degree Rape (RCW 9A.44.040)
2nd Degree Rape (RCW 9A.44.050)
3rd Degree Rape (RCW 9A.44.060)
1st Degree Rape of a Child (RCW 9A.44.073)
2nd Degree Rape of a Child (RCW 9A.44.076)
3rd Degree Rape of a Child (RCW 9A.44.079)
1st Degree Robbery (RCW 9A.56.200)
2nd Degree Robbery (RCW 9A.56.210)
1st Degree Arson (RCW 9A.48.020)
1st Degree Burglary (RCW 9A.52.020)
1st Degree Identity Theft (RCW 9.35.020(2))
2nd Degree Identity Theft (RCW 9.35.020(3))
1st Degree Extortion (RCW 9A.56.120)
2nd Degree Extortion (RCW 9A.56.130)
1st Degree Criminal Mistreatment (RCW 9A.42.020)
2nd Degree Criminal Mistreatment (RCW 9A.42.030)
1st Degree Theft from a Vulnerable Adult (RCW 9A.56.400(1))
2nd Degree Theft from a Vulnerable Adult (RCW 9A.56.400(2))
Hate Crime (RCW 9A.36.080)
Indecent Liberties (RCW 9A.44.100)
Incest (RCW 9A.64.020)
Vehicular Homicide (RCW 46.61.520)
Vehicular Assault (RCW 46.61.522)
1st Degree Child Molestation (RCW 9A.44.083)
2nd Degree Child Molestation (RCW 9A.44.086)
3rd Degree Child Molestation (RCW 9A.44.089)
1st Degree Promoting Prostitution (RCW 9A.88.070)
Intimidating a Juror (RCW 9A.72.130)
Communication with a Minor (RCW 9.68A.090)
Intimidating a Witness (RCW 9A.72.110)
Intimidating a Public Servant (RCW 9A.76.180)
Bomb Threat (if against person) (RCW 9.61.160)
Unlawful Imprisonment (RCW 9A.40.040)
Promoting a Suicide Attempt (RCW 9A.36.060)
Criminal Mischief (if against person) (RCW 9A.84.010)
Stalking (RCW 9A.46.110)
Custodial Assault (RCW 9A.36.100)
Domestic Violence Court Order Violation (RCW 7.105.450, 10.99.040, 10.99.050, 26.09.300, 26.26B.050, or 26.52.070, or any of the former RCW 26.50.110 and 74.34.145)
Counterfeiting (if a violation of RCW 9.16.035(4))
Felony Driving a Motor Vehicle While Under the Influence of Intoxicating Liquor or Any Drug (RCW 46.61.502(6))
Felony Physical Control of a Motor Vehicle While Under the Influence of Intoxicating Liquor or Any Drug (RCW 46.61.504(6))
Felony Hazing (RCW 28B.10.901(2)(b))
CRIMES AGAINST PROPERTY/OTHER CRIMES
2nd Degree Arson (RCW 9A.48.030)
1st Degree Escape (RCW 9A.76.110)
2nd Degree Escape (RCW 9A.76.120)
2nd Degree Burglary (RCW 9A.52.030)
1st Degree Theft (RCW 9A.56.030)
2nd Degree Theft (RCW 9A.56.040)
1st Degree Perjury (RCW 9A.72.020)
2nd Degree Perjury (RCW 9A.72.030)
1st Degree Introducing Contraband (RCW 9A.76.140)
2nd Degree Introducing Contraband (RCW 9A.76.150)
1st Degree Possession of Stolen Property (RCW 9A.56.150)
2nd Degree Possession of Stolen Property (RCW 9A.56.160)
Bribery (RCW 9A.68.010)
Bribing a Witness (RCW 9A.72.090)
Bribe received by a Witness (RCW 9A.72.100)
Bomb Threat (if against property) (RCW 9.61.160)
1st Degree Malicious Mischief (RCW 9A.48.070)
2nd Degree Malicious Mischief (RCW 9A.48.080)
1st Degree Reckless Burning (RCW 9A.48.040)
Taking a Motor Vehicle without Authorization (RCW 9A.56.070 and 9A.56.075)
Forgery (RCW 9A.60.020)
2nd Degree Promoting Prostitution (RCW 9A.88.080)
Tampering with a Witness (RCW 9A.72.120)
Trading in Public Office (RCW 9A.68.040)
Trading in Special Influence (RCW 9A.68.050)
Receiving/Granting Unlawful Compensation (RCW 9A.68.030)
Bigamy (RCW 9A.64.010)
Eluding a Pursuing Police Vehicle (RCW 46.61.024)
Willful Failure to Return from Furlough
Escape from Community Custody
Criminal Mischief (if against property) (RCW 9A.84.010)
1st Degree Theft of Livestock (RCW 9A.56.080)
2nd Degree Theft of Livestock (RCW 9A.56.083)
ALL OTHER UNCLASSIFIED FELONIES
Selection of Charges/Degree of Charge
(i) The prosecutor should file charges which adequately describe the nature of defendant's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:
(A) Will significantly enhance the strength of the state's case at trial; or
(B) Will result in restitution to all victims.
(ii) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:
(A) Charging a higher degree;
(B) Charging additional counts.
This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a defendant's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.
(b) GUIDELINES/COMMENTARY:
(i) Police Investigation
A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:
(A) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;
(B) The completion of necessary laboratory tests; and
(C) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.
If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.
(ii) Exceptions
In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:
(A) Probable cause exists to believe the suspect is guilty; and
(B) The suspect presents a danger to the community or is likely to flee if not apprehended; or
(C) The arrest of the suspect is necessary to complete the investigation of the crime.
In the event that the exception to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.
(iii) Investigation Techniques
The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:
(A) Polygraph testing;
(B) Hypnosis;
(C) Electronic surveillance;
(D) Use of informants.
(iv) Prefiling Discussions with Defendant
Discussions with the defendant or his/her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.
(v) Prefiling Discussions with Victim(s)
Discussions with the victim(s) or victims' representatives regarding the selection or disposition of charges may occur before the filing of charges. The discussions may be considered by the prosecutor in charging and disposition decisions, and should be considered before reaching any agreement with the defendant regarding these decisions.

NOTES:

Reviser's note: This section was amended by 2023 c 52 s 2 and by 2023 c 196 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).
Short title2023 c 196: See note following RCW 28B.10.901.
Effective date2022 c 268; 2021 c 215: See note following RCW 7.105.900.
FindingIntent2017 c 266: See note following RCW 9A.42.020.
Effective date2006 c 73: See note following RCW 46.61.502.
Application2000 c 119: See note following RCW 10.31.100.
Technical correction bill2000 c 28: See note following RCW 9.94A.015.
ConstructionShort title1999 c 196: See RCW 72.09.904 and 72.09.905.
Severability1999 c 196: See note following RCW 9.94A.010.
Effective dateSavingsApplication1988 c 145: See notes following RCW 9A.44.010.
Severability1986 c 257: See note following RCW 9A.56.010.
Effective date1986 c 257 ss 17-35: See note following RCW 9.94A.030.



Plea agreementsDiscussionsContents of agreements.

The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea to a charged offense or to a lesser or related offense, the prosecutor will do any of the following:
(1) Move for dismissal of other charges or counts;
(2) Recommend a particular sentence within the sentence range applicable to the offense or offenses to which the offender pled guilty;
(3) Recommend a particular sentence outside of the sentence range;
(4) Agree to file a particular charge or count;
(5) Agree not to file other charges or counts; or
(6) Make any other promise to the defendant, except that in no instance may the prosecutor agree not to allege prior convictions.
In a case involving a crime against persons as defined in RCW 9.94A.411, the prosecutor shall make reasonable efforts to inform the victim of the violent offense of the nature of and reasons for the plea agreement, including all offenses the prosecutor has agreed not to file, and ascertain any objections or comments the victim has to the plea agreement.
The court shall not participate in any discussions under this section.

NOTES:

Effective date1981 c 137: See RCW 9.94A.905.



Plea agreementsInformation to courtApproval or disapprovalSentencing judge not bound.

(1) If a plea agreement has been reached by the prosecutor and the defendant pursuant to RCW 9.94A.421, they shall at the time of the defendant's plea state to the court, on the record, the nature of the agreement and the reasons for the agreement. The prosecutor shall inform the court on the record whether the victim or victims of all crimes against persons, as defined in RCW 9.94A.411, covered by the plea agreement have expressed any objections to or comments on the nature of and reasons for the plea agreement. The court, at the time of the plea, shall determine if the agreement is consistent with the interests of justice and with the prosecuting standards. If the court determines it is not consistent with the interests of justice and with the prosecuting standards, the court shall, on the record, inform the defendant and the prosecutor that they are not bound by the agreement and that the defendant may withdraw the defendant's plea of guilty, if one has been made, and enter a plea of not guilty.
(2) The sentencing judge is not bound by any recommendations contained in an allowed plea agreement and the defendant shall be so informed at the time of plea.

NOTES:

Effective dates1984 c 209: See note following RCW 9.94A.030.
Effective date1981 c 137: See RCW 9.94A.905.



Plea agreementsCriminal history.

The prosecuting attorney and the defendant shall each provide the court with their understanding of what the defendant's criminal history is prior to a plea of guilty pursuant to a plea agreement. All disputed issues as to criminal history shall be decided at the sentencing hearing.
[ 1981 c 137 s 10. Formerly RCW 9.94A.100.]

NOTES:

Effective date1981 c 137: See RCW 9.94A.905.



Plea dispositions.

STANDARD: (1) Except as provided in subsection (2) of this section, a defendant will normally be expected to plead guilty to the charge or charges which adequately describe the nature of his or her criminal conduct or go to trial.
(2) In certain circumstances, a plea agreement with a defendant in exchange for a plea of guilty to a charge or charges that may not fully describe the nature of his or her criminal conduct may be necessary and in the public interest. Such situations may include the following:
(a) Evidentiary problems which make conviction on the original charges doubtful;
(b) The defendant's willingness to cooperate in the investigation or prosecution of others whose criminal conduct is more serious or represents a greater public threat;
(c) A request by the victim when it is not the result of pressure from the defendant;
(d) The discovery of facts which mitigate the seriousness of the defendant's conduct;
(e) The correction of errors in the initial charging decision;
(f) The defendant's history with respect to criminal activity;
(g) The nature and seriousness of the offense or offenses charged;
(h) The probable effect on witnesses.



Sentence recommendations.

STANDARD:
The prosecutor may reach an agreement regarding sentence recommendations.
The prosecutor shall not agree to withhold relevant information from the court concerning the plea agreement.



Armed offenders.

Notwithstanding the current placement or listing of crimes in categories or classifications of prosecuting standards for deciding to prosecute under RCW 9.94A.411(2), any and all felony crimes involving any deadly weapon special verdict under *RCW 9.94A.602, any deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, and any and all felony crimes as defined in RCW 9.94A.533 (3)(f) or (4)(f), or both, which are excluded from the deadly weapon enhancements shall all be treated as crimes against a person and subject to the prosecuting standards for deciding to prosecute under RCW 9.94A.411(2) as crimes against persons.
[ 2002 c 290 s 14; 1995 c 129 s 4 (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 date2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent2002 c 290: See note following RCW 9.94A.517.
Findings and intentShort titleSeverabilityCaptions not law1995 c 129: See notes following RCW 9.94A.510.



Plea agreements and sentences for certain offendersPublic records.

Any and all recommended sentencing agreements or plea agreements and the sentences for any and all felony crimes shall be made and retained as public records if the felony crime involves:
(1) Any violent offense as defined in this chapter;
(2) Any most serious offense as defined in this chapter;
(3) Any felony with a deadly weapon special verdict under RCW 9.94A.825;
(4) Any felony with any deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both;
(5) The felony crimes of possession of a machine gun or bump-fire stock, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first or second degree, and/or use of a machine gun or bump-fire stock in a felony; or
(6) The felony crime of driving a motor vehicle while under the influence of intoxicating liquor or any drug as defined in RCW 46.61.502, and felony physical control of a motor vehicle while under the influence of intoxicating liquor or any drug as defined in RCW 46.61.504.
[ 2018 c 7 s 6; 2012 c 183 s 2; 2002 c 290 s 15; 1997 c 338 s 48; 1995 c 129 s 5 (Initiative Measure No. 159). Formerly RCW 9.94A.103.]

NOTES:

Effective dates2018 c 7: See note following RCW 9.41.010.
Effective date2012 c 183: "This act takes effect August 1, 2012." [ 2012 c 183 s 17.]
Effective date2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent2002 c 290: See note following RCW 9.94A.517.
FindingEvaluationReport1997 c 338: See note following RCW 13.40.0357.
SeverabilityEffective dates1997 c 338: See notes following RCW 5.60.060.
Findings and intentShort titleSeverabilityCaptions not law1995 c 129: See notes following RCW 9.94A.510.



Judgment and sentence documentDelivery to caseload forecast council.

(1) A current, newly created or reworked judgment and sentence document for each felony sentencing shall record any and all recommended sentencing agreements or plea agreements and the sentences for any and all felony crimes kept as public records under RCW 9.94A.475 shall contain the clearly printed name and legal signature of the sentencing judge. The judgment and sentence document as defined in this section shall also provide additional space for the sentencing judge's reasons for going either above or below the presumptive sentence range for any and all felony crimes covered as public records under RCW 9.94A.475. Both the sentencing judge and the prosecuting attorney's office shall each retain or receive a completed copy of each sentencing document as defined in this section for their own records.
(2) The caseload forecast council shall be sent a completed copy of the judgment and sentence document upon conviction for each felony sentencing under subsection (1) of this section.
(3) If any completed judgment and sentence document as defined in subsection (1) of this section is not sent to the caseload forecast council as required in subsection (2) of this section, the caseload forecast council shall have the authority and shall undertake reasonable and necessary steps to assure that all past, current, and future sentencing documents as defined in subsection (1) of this section are received by the caseload forecast council.
[ 2011 1st sp.s. c 40 s 27; 2002 c 290 s 16; 1997 c 338 s 49; 1995 c 129 s 6 (Initiative Measure No. 159). Formerly RCW 9.94A.105.]

NOTES:

ApplicationRecalculation of community custody terms2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent2002 c 290: See note following RCW 9.94A.517.
FindingEvaluationReport1997 c 338: See note following RCW 13.40.0357.
SeverabilityEffective dates1997 c 338: See notes following RCW 5.60.060.
Findings and intentShort titleSeverabilityCaptions not law1995 c 129: See notes following RCW 9.94A.510.



SENTENCING

Sentencing hearingPresentencing proceduresDisclosure of mental health services information.

(1) Before imposing a sentence upon a defendant, the court shall conduct a sentencing hearing. The sentencing hearing shall be held within forty court days following conviction. Upon the motion of either party for good cause shown, or on its own motion, the court may extend the time period for conducting the sentencing hearing.
Except in cases where the defendant shall be sentenced to a term of total confinement for life without the possibility of release or, when authorized by *RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, the court may order the department to complete a risk assessment report. If available before sentencing, the report shall be provided to the court.
Unless specifically waived by the court, the court shall order the department to complete a chemical dependency screening report before imposing a sentence upon a defendant who has been convicted of a violation of the uniform controlled substances act under chapter 69.50 RCW, a criminal solicitation to commit such a violation under chapter 9A.28 RCW, or any felony where the court finds that the offender has a chemical dependency that has contributed to his or her offense. In addition, the court shall, at the time of plea or conviction, order the department to complete a presentence report before imposing a sentence upon a defendant who has been convicted of a felony sexual offense. The department of corrections shall give priority to presentence investigations for sexual offenders. If the court determines that the defendant may be a mentally ill person as defined in RCW 71.24.025, although the defendant has not established that at the time of the crime he or she lacked the capacity to commit the crime, was incompetent to commit the crime, or was insane at the time of the crime, the court shall order the department to complete a presentence report before imposing a sentence.
Unless specifically waived by the court, the court shall order the department to complete a presentence investigation before imposing a drug offender sentencing alternative upon a defendant who has been convicted of a felony offense where domestic violence has been pleaded and proven.
The court shall consider the risk assessment report and presentence reports, if any, including any victim impact statement and criminal history, and allow arguments from the prosecutor, the defense counsel, the offender, the victim, the survivor of the victim, or a representative of the victim or survivor, and an investigative law enforcement officer as to the sentence to be imposed.
A criminal history summary relating to the defendant from the prosecuting authority or from a state, federal, or foreign governmental agency shall be prima facie evidence of the existence and validity of the convictions listed therein. If the court is satisfied by a preponderance of the evidence that the defendant has a criminal history, the court shall specify the convictions it has found to exist. All of this information shall be part of the record. Copies of all risk assessment reports and presentence reports presented to the sentencing court and all written findings of facts and conclusions of law as to sentencing entered by the court shall be sent to the department by the clerk of the court at the conclusion of the sentencing and shall accompany the offender if the offender is committed to the custody of the department. Court clerks shall provide, without charge, certified copies of documents relating to criminal convictions requested by prosecuting attorneys.
(2) To prevent wrongful disclosure of information and records related to mental health services, as described in RCW 71.05.445 and 70.02.250, a court may take only those steps necessary during a sentencing hearing or any hearing in which the department presents information related to mental health services to the court. The steps may be taken on motion of the defendant, the prosecuting attorney, or on the court's own motion. The court may seal the portion of the record relating to information relating to mental health services, exclude the public from the hearing during presentation or discussion of information and records relating to mental health services, or grant other relief to achieve the result intended by this subsection, but nothing in this subsection shall be construed to prevent the subsequent release of information and records related to mental health services as authorized by RCW 71.05.445, 70.02.250, or 72.09.585. Any person who otherwise is permitted to attend any hearing pursuant to chapter 7.69 or 7.69A RCW shall not be excluded from the hearing solely because the department intends to disclose or discloses information related to mental health services.

NOTES:

*Reviser's note: RCW 10.95.030 was amended by 2023 c 102 s 20, deleting subsection (2) relating to "death sentence."
Effective date2019 c 263 ss 501-504, 601, 602, and 701-708: "Sections 501 through 504, 601, 602, and 701 through 708 of this act take effect January 1, 2021." [ 2019 c 263 s 1004.]
FindingsIntent2019 c 263 ss 202-803: See note following RCW 10.01.240.
Effective date2013 c 200: See note following RCW 70.02.010.
Intent2008 c 231 ss 2-4: "It is the legislature's intent to ensure that offenders receive accurate sentences that are based on their actual, complete criminal history. Accurate sentences further the sentencing reform act's goals of:
(1) Ensuring that the punishment for a criminal offense is proportionate to the seriousness of the offense and the offender's criminal history;
(2) Ensuring punishment that is just; and
(3) Ensuring that sentences are commensurate with the punishment imposed on others for committing similar offenses.
Given the decisions in In re Cadwallader, 155 Wn.2d 867 (2005); State v. Lopez, 147 Wn.2d 515 (2002); State v. Ford, 137 Wn.2d 472 (1999); and State v. McCorkle, 137 Wn.2d 490 (1999), the legislature finds it is necessary to amend the provisions in RCW 9.94A.500, 9.94A.525, and 9.94A.530 in order to ensure that sentences imposed accurately reflect the offender's actual, complete criminal history, whether imposed at sentencing or upon resentencing. These amendments are consistent with the United States supreme court holding in Monge v. California, 524 U.S. 721 (1998), that double jeopardy is not implicated at resentencing following an appeal or collateral attack." [ 2008 c 231 s 1.]
Application2008 c 231 ss 2 and 3: "Sections 2 and 3 of this act apply to all sentencings and resentencings commenced before, on, or after June 12, 2008." [ 2008 c 231 s 5.]
Severability2008 c 231: "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." [ 2008 c 231 s 62.]
IntentPart headings not law2006 c 339: See notes following RCW 74.34.020.
Intent2000 c 75: See note following RCW 71.05.445.
Severability1999 c 197: See note following RCW 9.94A.030.
ConstructionShort title1999 c 196: See RCW 72.09.904 and 72.09.905.
Severability1999 c 196: See note following RCW 9.94A.010.
Intent1998 c 260: "It is the intent of the legislature to decrease the likelihood of recidivism and reincarceration by mentally ill offenders under correctional supervision in the community by authorizing:
(1) The courts to request presentence reports from the department of corrections when a relationship between mental illness and criminal behavior is suspected, and to order a mental status evaluation and treatment for offenders whose criminal behavior is influenced by a mental illness; and
(2) Community corrections officers to work with community mental health providers to support participation in treatment by mentally ill offenders on community placement or community supervision." [ 1998 c 260 s 1.]
Severability1986 c 257: See note following RCW 9A.56.010.
Effective date1986 c 257 ss 17-35: See note following RCW 9.94A.030.
SeverabilityEffective date1985 c 443: See notes following RCW 7.69.010.
Effective dates1984 c 209: See note following RCW 9.94A.030.
Effective date1981 c 137: See RCW 9.94A.905.



Department must supervise specified offendersRisk assessment of felony offenders. (Effective until January 1, 2026.)

(1) The department shall supervise the following offenders who are sentenced to probation in superior court, pursuant to RCW 9.92.060, 9.95.204, or 9.95.210:
(a) Offenders convicted of:
(i) Sexual misconduct with a minor second degree;
(ii) Custodial sexual misconduct second degree;
(iii) Communication with a minor for immoral purposes; and
(iv) Violation of RCW 9A.44.132(2) (failure to register); and
(b) Offenders who have:
(i) A current conviction for a repetitive domestic violence offense after August 1, 2011; and
(ii) A prior conviction for a repetitive domestic violence offense or domestic violence felony offense after August 1, 2011.
(2) Misdemeanor and gross misdemeanor offenders supervised by the department pursuant to this section shall be placed on community custody.
(3) The department shall supervise every felony offender sentenced to community custody pursuant to RCW 9.94A.701 or 9.94A.702 whose risk assessment classifies the offender as one who is at a high risk to reoffend.
(4) Notwithstanding any other provision of this section, the department shall supervise an offender sentenced to community custody regardless of risk classification if the offender:
(a) Has a current conviction for a sex offense or a serious violent offense and was sentenced to a term of community custody pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507;
(b) Has been identified by the department as a dangerous mentally ill offender pursuant to RCW 72.09.370;
(c) Has an indeterminate sentence and is subject to parole pursuant to RCW 9.95.017;
(d) Has a current conviction for violating RCW 9A.44.132(1) (failure to register) and was sentenced to a term of community custody pursuant to RCW 9.94A.701;
(e)(i) Has a current conviction for a domestic violence felony offense after August 1, 2011, and a prior conviction for a repetitive domestic violence offense or domestic violence felony offense after August 1, 2011. This subsection (4)(e)(i) applies only to offenses committed prior to July 24, 2015;
(ii) Has a current conviction for a domestic violence felony offense. The state and its officers, agents, and employees shall not be held criminally or civilly liable for its supervision of an offender under this subsection (4)(e)(ii) unless the state and its officers, agents, and employees acted with gross negligence;
(f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, 9.94A.670, 9.94A.711, or 9.94A.695;
(g) Is subject to supervision pursuant to RCW 9.94A.745; or
(h) Was convicted and sentenced under RCW 46.61.520 (vehicular homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) (felony DUI), or RCW 46.61.504(6) (felony physical control).
(5) The department shall supervise any offender who is released by the indeterminate sentence review board and who was sentenced to community custody or subject to community custody under the terms of release.
(6) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody or any probationer unless the offender or probationer is one for whom supervision is required under this section or *RCW 9.94A.5011.
(7) The department shall conduct a risk assessment for every felony offender sentenced to a term of community custody who may be subject to supervision under this section or *RCW 9.94A.5011.
(8) The period of time the department is authorized to supervise an offender under this section may not exceed the duration of community custody specified under RCW 9.94B.050, 9.94A.701 (1) through (9), or 9.94A.702, except in cases where the court has imposed an exceptional term of community custody under RCW 9.94A.535.
(9) The period of time the department is authorized to supervise an offender under this section may be reduced by the earned award of supervision compliance credit pursuant to RCW 9.94A.717.

NOTES:

*Reviser's note:RCW 9.94A.5011 expired August 1, 2014.
Intent2024 c 63: "The legislature recognizes the ongoing and increasing epidemic of domestic violence. Even when a perpetrator is held accountable by our criminal justice system, including by total confinement in a state correctional facility, many victims of domestic violence face the ongoing challenge of realizing physical and psychological safety in their daily lives. One mechanism by which the state supports survivors is through community supervision of defendants convicted of certain domestic violence offenses upon their release back into our communities.
The legislature acknowledges that the department of corrections serves a critical function by operating as the state agency entrusted with supervision of certain defendants. It is imperative that in every instance when a Washington court orders supervision for a defendant convicted of a qualifying domestic violence offense, the department of corrections undertakes its supervisory role. Accordingly, the legislature recognizes that certain changes must be made to the Washington sentencing reform act to ensure that the department of corrections' supervisory obligations are clear." [ 2024 c 63 s 1.]
Applicability2021 c 242: See note following RCW 9.94A.695.
Implementation2020 c 275: "The department of corrections has discretion to implement RCW 9.94A.501 and 9.94A.717 over a period of time not to exceed twelve months. For any offender under active supervision by the department as of June 11, 2020, he or she is not eligible to earn supervision compliance credit pursuant to RCW 9.94A.717 until he or she has received an orientation by the department regarding supervision compliance credit." [ 2020 c 275 s 3.]
Effective date2015 c 134: "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 29, 2015]." [ 2015 c 134 s 9.]
ApplicationRecalculation of community custody terms2011 1st sp.s. c 40: "(1) Except as otherwise provided in this section, the provisions of this act apply to persons convicted before, on, or after June 15, 2011.
(2) By January 1, 2012, consistent with RCW 9.94A.171, 9.94A.501, and section 3 of this act, the department of corrections shall recalculate the term of community custody for offenders currently in confinement or serving a term of community custody. The department of corrections shall reset the date that community custody will end for those offenders. The recalculation shall not extend a term of community custody beyond that to which an offender is currently subject.
(3) By January 1, 2012, consistent with the provisions of RCW 9.94A.650, the department of corrections shall recalculate the term of community custody for each offender sentenced to a first-time offender waiver under RCW 9.94A.650 and currently in confinement or serving a term of community custody. The department of corrections shall reset the date that community custody will end for those offenders. The recalculation shall not extend a term of community custody beyond that to which an offender is currently subject." [ 2011 1st sp.s. c 40 s 42.]
Effective date2011 1st sp.s. c 40 ss 1-9 and 42: "Sections 1 through 9 and 42 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 [June 15, 2011]." [ 2011 1st sp.s. c 40 s 44.]
Application2010 c 267: See note following RCW 9A.44.128.
Expiration date2009 c 376 s 1: "Section 1 of this act expires August 1, 2009." [ 2009 c 376 s 4.]
Expiration date2009 c 375 ss 1, 3, and 13: "Sections 1, 3, and 13 of this act expire August 1, 2009." [ 2009 c 375 s 19.]
Application2009 c 375: "This act applies retroactively and prospectively regardless of whether the offender is currently on community custody or probation with the department, currently incarcerated with a term of community custody or probation with the department, or sentenced after July 26, 2009." [ 2009 c 375 s 20.]
IntentApplicationApplication of repealersEffective date2008 c 231: See notes following RCW 9.94A.701.
Severability2008 c 231: See note following RCW 9.94A.500.
Effective date2005 c 362: "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 10, 2005]." [ 2005 c 362 s 5.]
SeverabilityEffective dates2003 c 379: See notes following RCW 9.94A.728.
Conditions of probation: RCW 9.95.210.
Misdemeanant probation servicesCounty supervision: RCW 9.95.204.
Suspending sentences: RCW 9.92.060.

Department must supervise specified offendersRisk assessment of felony offenders. (Effective January 1, 2026.)

(1) The department shall supervise the following offenders who are sentenced to probation in superior court, pursuant to RCW 9.92.060, 9.95.204, or 9.95.210:
(a) Offenders convicted of:
(i) Sexual misconduct with a minor second degree;
(ii) Custodial sexual misconduct second degree;
(iii) Communication with a minor for immoral purposes; and
(iv) Violation of RCW 9A.44.132(2) (failure to register); and
(b) Offenders who have:
(i) A current conviction for a repetitive domestic violence offense after August 1, 2011; and
(ii) A prior conviction for a repetitive domestic violence offense or domestic violence felony offense after August 1, 2011.
(2) Misdemeanor and gross misdemeanor offenders supervised by the department pursuant to this section shall be placed on community custody.
(3) The department shall supervise every felony offender sentenced to community custody pursuant to RCW 9.94A.701 or 9.94A.702 whose risk assessment classifies the offender as one who is at a high risk to reoffend.
(4) Notwithstanding any other provision of this section, the department shall supervise an offender sentenced to community custody regardless of risk classification if the offender:
(a) Has a current conviction for a sex offense or a serious violent offense and was sentenced to a term of community custody pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507;
(b) Has been identified by the department as a dangerous mentally ill offender pursuant to RCW 72.09.370;
(c) Has an indeterminate sentence and is subject to parole pursuant to RCW 9.95.017;
(d) Has a current conviction for violating RCW 9A.44.132(1) (failure to register) and was sentenced to a term of community custody pursuant to RCW 9.94A.701;
(e)(i) Has a current conviction for a domestic violence felony offense after August 1, 2011, and a prior conviction for a repetitive domestic violence offense or domestic violence felony offense after August 1, 2011. This subsection (4)(e)(i) applies only to offenses committed prior to July 24, 2015;
(ii) Has a current conviction for a domestic violence felony offense. The state and its officers, agents, and employees shall not be held criminally or civilly liable for its supervision of an offender under this subsection (4)(e)(ii) unless the state and its officers, agents, and employees acted with gross negligence;
(f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, 9.94A.670, 9.94A.711, 9.94A.695, or 9.94A.661;
(g) Is subject to supervision pursuant to RCW 9.94A.745; or
(h) Was convicted and sentenced under RCW 46.61.520 (vehicular homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) (felony DUI), or RCW 46.61.504(6) (felony physical control).
(5) The department shall supervise any offender who is released by the indeterminate sentence review board and who was sentenced to community custody or subject to community custody under the terms of release.
(6) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody or any probationer unless the offender or probationer is one for whom supervision is required under this section or *RCW 9.94A.5011.
(7) The department shall conduct a risk assessment for every felony offender sentenced to a term of community custody who may be subject to supervision under this section or *RCW 9.94A.5011.
(8) The period of time the department is authorized to supervise an offender under this section may not exceed the duration of community custody specified under RCW 9.94B.050, 9.94A.701 (1) through (9), or 9.94A.702, except in cases where the court has imposed an exceptional term of community custody under RCW 9.94A.535.
(9) The period of time the department is authorized to supervise an offender under this section may be reduced by the earned award of supervision compliance credit pursuant to RCW 9.94A.717.

NOTES:

Reviser's note:*(1) RCW 9.94A.5011 expired August 1, 2014.
(2) This section was amended by 2024 c 63 s 3 and by 2024 c 306 s 4, 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 date2024 c 306: See note following RCW 9.94A.661.
Intent2024 c 63: "The legislature recognizes the ongoing and increasing epidemic of domestic violence. Even when a perpetrator is held accountable by our criminal justice system, including by total confinement in a state correctional facility, many victims of domestic violence face the ongoing challenge of realizing physical and psychological safety in their daily lives. One mechanism by which the state supports survivors is through community supervision of defendants convicted of certain domestic violence offenses upon their release back into our communities.
The legislature acknowledges that the department of corrections serves a critical function by operating as the state agency entrusted with supervision of certain defendants. It is imperative that in every instance when a Washington court orders supervision for a defendant convicted of a qualifying domestic violence offense, the department of corrections undertakes its supervisory role. Accordingly, the legislature recognizes that certain changes must be made to the Washington sentencing reform act to ensure that the department of corrections' supervisory obligations are clear." [ 2024 c 63 s 1.]
Applicability2021 c 242: See note following RCW 9.94A.695.
Implementation2020 c 275: "The department of corrections has discretion to implement RCW 9.94A.501 and 9.94A.717 over a period of time not to exceed twelve months. For any offender under active supervision by the department as of June 11, 2020, he or she is not eligible to earn supervision compliance credit pursuant to RCW 9.94A.717 until he or she has received an orientation by the department regarding supervision compliance credit." [ 2020 c 275 s 3.]
Effective date2015 c 134: "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 29, 2015]." [ 2015 c 134 s 9.]
ApplicationRecalculation of community custody terms2011 1st sp.s. c 40: "(1) Except as otherwise provided in this section, the provisions of this act apply to persons convicted before, on, or after June 15, 2011.
(2) By January 1, 2012, consistent with RCW 9.94A.171, 9.94A.501, and section 3 of this act, the department of corrections shall recalculate the term of community custody for offenders currently in confinement or serving a term of community custody. The department of corrections shall reset the date that community custody will end for those offenders. The recalculation shall not extend a term of community custody beyond that to which an offender is currently subject.
(3) By January 1, 2012, consistent with the provisions of RCW 9.94A.650, the department of corrections shall recalculate the term of community custody for each offender sentenced to a first-time offender waiver under RCW 9.94A.650 and currently in confinement or serving a term of community custody. The department of corrections shall reset the date that community custody will end for those offenders. The recalculation shall not extend a term of community custody beyond that to which an offender is currently subject." [ 2011 1st sp.s. c 40 s 42.]
Effective date2011 1st sp.s. c 40 ss 1-9 and 42: "Sections 1 through 9 and 42 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 [June 15, 2011]." [ 2011 1st sp.s. c 40 s 44.]
Application2010 c 267: See note following RCW 9A.44.128.
Expiration date2009 c 376 s 1: "Section 1 of this act expires August 1, 2009." [ 2009 c 376 s 4.]
Expiration date2009 c 375 ss 1, 3, and 13: "Sections 1, 3, and 13 of this act expire August 1, 2009." [ 2009 c 375 s 19.]
Application2009 c 375: "This act applies retroactively and prospectively regardless of whether the offender is currently on community custody or probation with the department, currently incarcerated with a term of community custody or probation with the department, or sentenced after July 26, 2009." [ 2009 c 375 s 20.]
IntentApplicationApplication of repealersEffective date2008 c 231: See notes following RCW 9.94A.701.
Severability2008 c 231: See note following RCW 9.94A.500.
Effective date2005 c 362: "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 10, 2005]." [ 2005 c 362 s 5.]
SeverabilityEffective dates2003 c 379: See notes following RCW 9.94A.728.
Conditions of probation: RCW 9.95.210.
Misdemeanant probation servicesCounty supervision: RCW 9.95.204.
Suspending sentences: RCW 9.92.060.



Domestic violence risk assessment tool.

(1) The Washington State University department of criminal justice shall develop a tool to be used in conjunction with the Washington one risk assessment that would specifically predict whether the offender will commit domestic violence in the future. The domestic violence tool may incorporate relevant court records into the prediction modeling, if practical within the resources allocated. The tool will be used by the department as part of the current risk, needs, and responsivity assessment process.
(2) The Washington State University department of criminal justice shall make the domestic violence risk assessment tool available for use by the department no later than July 1, 2020. Subject to funds appropriated for this specific purpose, the department shall start to implement the domestic violence risk assessment tool by July 1, 2020, and by July 1, 2021, the department shall use the domestic violence risk assessment tool when conducting a Washington one risk assessment for an offender with a current conviction where domestic violence was pleaded and proven.
(3) The harborview center for sexual assault and traumatic stress shall develop a training curriculum for domestic violence perpetrator treatment providers that incorporates evidence-based practices and treatment modalities consistent with the Washington Administrative Code provisions adopted by the department of social and health services. The harborview center for sexual assault and traumatic stress shall complete the training curriculum and make it available for provider training no later than June 30, 2020.

NOTES:

FindingsIntent2019 c 263 ss 202-803: See note following RCW 10.01.240.



Sentences. (Effective until January 1, 2026.)

(1) When a person is convicted of a felony, the court shall impose punishment as provided in this chapter.
(2)(a) The court shall impose a sentence as provided in the following sections and as applicable in the case:
(i) Unless another term of confinement applies, a sentence within the standard sentence range established in RCW 9.94A.510 or 9.94A.517;
(ii) RCW 9.94A.701 and 9.94A.702, relating to community custody;
(iii) RCW 9.94A.570, relating to persistent offenders;
(iv) RCW 9.94A.540, relating to mandatory minimum terms;
(v) RCW 9.94A.650, relating to the first-time offender waiver;
(vi) RCW 9.94A.660, relating to the drug offender sentencing alternative;
(vii) RCW 9.94A.670, relating to the special sex offender sentencing alternative;
(viii) RCW 9.94A.655, relating to the parenting sentencing alternative;
(ix) RCW 9.94A.695, relating to the mental health sentencing alternative;
(x) RCW 9.94A.507, relating to certain sex offenses;
(xi) RCW 9.94A.535, relating to exceptional sentences;
(xii) RCW 9.94A.589, relating to consecutive and concurrent sentences;
(xiii) RCW 9.94A.603, relating to felony driving while under the influence of intoxicating liquor or any drug and felony physical control of a vehicle while under the influence of intoxicating liquor or any drug;
(xiv) RCW 9.94A.711, relating to the theft or taking of a motor vehicle.
(b) If a standard sentence range has not been established for the offender's crime, the court shall impose a determinate sentence which may include not more than one year of confinement; community restitution work; a term of community custody under RCW 9.94A.702 not to exceed one year; and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement and a community custody term under RCW 9.94A.701 if the court finds reasons justifying an exceptional sentence as provided in RCW 9.94A.535.
(3) If the court imposes a sentence requiring confinement of 30 days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than 30 days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.
(4) If a sentence imposed includes payment of a legal financial obligation, it shall be imposed as provided in RCW 9.94A.750, 9.94A.753, and 9.94A.760.
(5) Except as provided under RCW 9.94A.750(4) and 9.94A.753(4), a court may not impose a sentence providing for a term of confinement or community custody that exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.
(6) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.
(7) The sentencing court shall not give the offender credit for any time the offender was required to comply with an electronic monitoring program prior to sentencing if the offender was convicted of one of the following offenses:
(a) A violent offense;
(b) Any sex offense;
(c) Any drug offense;
(d) Reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050;
(e) Assault in the third degree as defined in RCW 9A.36.031;
(f) Assault of a child in the third degree;
(g) Unlawful imprisonment as defined in RCW 9A.40.040; or
(h) Harassment as defined in RCW 9A.46.020.
(8) The court shall order restitution as provided in RCW 9.94A.750 and 9.94A.753.
(9) As a part of any sentence, the court may impose and enforce crime-related prohibitions and affirmative conditions as provided in this chapter. "Crime-related prohibitions" may include a prohibition on the use or possession of alcohol or controlled substances if the court finds that any chemical dependency or substance abuse contributed to the offense.
(10) In any sentence of partial confinement, the court may require the offender to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.
[ 2022 c 260 s 23; 2021 c 242 s 3; 2019 c 191 s 3. Prior: 2015 c 287 s 10; 2015 c 81 s 1; 2010 c 224 s 4; 2009 c 389 s 1; 2009 c 28 s 6; 2008 c 231 s 25; 2006 c 73 s 6; prior: 2002 c 290 s 17; 2002 c 289 s 6; 2002 c 175 s 6; 2001 2nd sp.s. c 12 s 312; 2001 c 10 s 2; prior: 2000 c 226 s 2; 2000 c 43 s 1; 2000 c 28 s 5; prior: 1999 c 324 s 2; 1999 c 197 s 4; 1999 c 196 s 5; 1999 c 147 s 3; 1998 c 260 s 3; prior: 1997 c 340 s 2; 1997 c 338 s 4; 1997 c 144 s 2; 1997 c 121 s 2; 1997 c 69 s 1; prior: 1996 c 275 s 2; 1996 c 215 s 5; 1996 c 199 s 1; 1996 c 93 s 1; 1995 c 108 s 3; prior: 1994 c 1 s 2 (Initiative Measure No. 593, approved November 2, 1993); 1993 c 31 s 3; prior: 1992 c 145 s 7; 1992 c 75 s 2; 1992 c 45 s 5; prior: 1991 c 221 s 2; 1991 c 181 s 3; 1991 c 104 s 3; 1990 c 3 s 705; 1989 c 252 s 4; prior: 1988 c 154 s 3; 1988 c 153 s 2; 1988 c 143 s 21; prior: 1987 c 456 s 2; 1987 c 402 s 1; prior: 1986 c 301 s 4; 1986 c 301 s 3; 1986 c 257 s 20; 1984 c 209 s 6; 1983 c 163 s 2; 1982 c 192 s 4; 1981 c 137 s 12. Formerly RCW 9.94A.120.]

NOTES:

ConstructionEffective date2022 c 260: See notes following RCW 3.66.120.
Applicability2021 c 242: See note following RCW 9.94A.695.
Effective date2009 c 389 ss 1 and 3-5: "Sections 1 and 3 through 5 of this act take effect August 1, 2009." [ 2009 c 389 s 8.]
Effective date2009 c 28: See note following RCW 2.24.040.
IntentApplicationApplication of repealersEffective date2008 c 231: See notes following RCW 9.94A.701.
Severability2008 c 231: See note following RCW 9.94A.500.
Effective date2006 c 73: See note following RCW 46.61.502.
Effective date2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent2002 c 290: See note following RCW 9.94A.517.
SeverabilityEffective date2002 c 289: See notes following RCW 43.43.753.
Effective date2002 c 175: See note following RCW 7.80.130.
IntentSeverabilityEffective dates2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Intent2001 c 10: "It is the intent of the legislature to incorporate into the reorganization of chapter 9.94A RCW adopted by chapter 28, Laws of 2000 amendments adopted to RCW 9.94A.120 during the 2000 legislative session that did not take cognizance of the reorganization. In addition, it is the intent of the legislature to correct any additional incorrect cross-references and to simplify the codification of provisions within chapter 9.94A RCW.
The legislature does not intend to make, and no provision of this act may be construed as making, a substantive change in the sentencing reform act." [ 2001 c 10 s 1.]
Effective date2001 c 10: "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 July 1, 2001." [ 2001 c 10 s 7.]
FindingIntent2000 c 226: "The legislature finds that supervision of offenders in the community and an offender's payment of restitution enhances public safety, improves offender accountability, is an important component of providing justice to victims, and strengthens the community. The legislature intends that all terms and conditions of an offender's supervision in the community, including the length of supervision and payment of legal financial obligations, not be curtailed by an offender's absence from supervision for any reason including confinement in any correctional institution. The legislature, through this act, revises the results of In re Sappenfield, 980 P.2d 1271 (1999) and declares that an offender's absence from supervision or subsequent incarceration acts to toll the jurisdiction of the court or department over an offender for the purpose of enforcing legal financial obligations." [ 2000 c 226 s 1.]
Severability2000 c 226: "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 226 s 6.]
Technical correction bill2000 c 28: See note following RCW 9.94A.015.
Drug offender optionsReport: "The Washington state institute for public policy, in consultation with the sentencing guidelines commission shall evaluate the impact of implementing the drug offender options provided for in RCW 9.94A.120(6). The commission shall submit a final report to the legislature by December 1, 2004. The report shall describe the changes in sentencing practices related to the use of punishment options for drug offenders and include the impact of sentencing alternatives on state prison populations, the savings in state resources, the effectiveness of drug treatment services, and the impact on recidivism rates." [ 1999 c 197 s 12.]
Severability1999 c 197: See note following RCW 9.94A.030.
ConstructionShort title1999 c 196: See RCW 72.09.904 and 72.09.905.
Severability1999 c 196: See note following RCW 9.94A.010.
Intent1998 c 260: See note following RCW 9.94A.500.
FindingEvaluationReport1997 c 338: See note following RCW 13.40.0357.
SeverabilityEffective dates1997 c 338: See notes following RCW 5.60.060.
Finding1996 c 275: "The legislature finds that improving the supervision of convicted sex offenders in the community upon release from incarceration is a substantial public policy goal, in that effective supervision accomplishes many purposes including protecting the community, supporting crime victims, assisting offenders to change, and providing important information to decision makers." [ 1996 c 275 s 1.]
Application1996 c 275 ss 1-5: "Sections 1 through 5, chapter 275, Laws of 1996 apply to crimes committed on or after June 6, 1996." [ 1996 c 275 s 14.]
Severability1996 c 199: "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." [ 1996 c 199 s 9.]
Effective date1995 c 108: See note following RCW 9.94A.030.
SeverabilityShort titleCaptions1994 c 1: See notes following RCW 9.94A.555.
SeverabilityApplication1992 c 45: See notes following RCW 9.94A.840.
PurposeProspective applicationEffective datesSeverability1989 c 252: See notes following RCW 9.94A.030.
Effective dateApplication of increased sanctions1988 c 153: See notes following RCW 9.94A.030.
Applicability1988 c 143 ss 21-24: "Increased sanctions authorized by sections 21 through 24 of this act are applicable only to those persons committing offenses after March 21, 1988." [ 1988 c 143 s 25.]
Effective date1987 c 402: "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 July 1, 1987." [ 1987 c 402 s 3.]
Effective date1986 c 301 s 4: "Section 4 of this act shall take effect July 1, 1987." [ 1986 c 301 s 8.]
Severability1986 c 257: See note following RCW 9A.56.010.
Effective date1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates1984 c 209: See note following RCW 9.94A.030.
Effective date1983 c 163: "Sections 1 through 5 of this act shall take effect on July 1, 1984." [ 1983 c 163 s 7.]
Effective date1981 c 137: See RCW 9.94A.905.

Sentences. (Effective January 1, 2026.)

(1) When a person is convicted of a felony, the court shall impose punishment as provided in this chapter.
(2)(a) The court shall impose a sentence as provided in the following sections and as applicable in the case:
(i) Unless another term of confinement applies, a sentence within the standard sentence range established in RCW 9.94A.510 or 9.94A.517;
(ii) RCW 9.94A.701 and 9.94A.702, relating to community custody;
(iii) RCW 9.94A.570, relating to persistent offenders;
(iv) RCW 9.94A.540, relating to mandatory minimum terms;
(v) RCW 9.94A.650, relating to the first-time offender waiver;
(vi) RCW 9.94A.660, relating to the drug offender sentencing alternative;
(vii) RCW 9.94A.661, relating to the drug offender sentencing alternative for driving under the influence;
(viii) RCW 9.94A.670, relating to the special sex offender sentencing alternative;
(ix) RCW 9.94A.655, relating to the parenting sentencing alternative;
(x) RCW 9.94A.695, relating to the mental health sentencing alternative;
(xi) RCW 9.94A.507, relating to certain sex offenses;
(xii) RCW 9.94A.535, relating to exceptional sentences;
(xiii) RCW 9.94A.589, relating to consecutive and concurrent sentences;
(xiv) RCW 9.94A.603, relating to felony driving while under the influence of intoxicating liquor or any drug and felony physical control of a vehicle while under the influence of intoxicating liquor or any drug;
(xv) RCW 9.94A.711, relating to the theft or taking of a motor vehicle.
(b) If a standard sentence range has not been established for the offender's crime, the court shall impose a determinate sentence which may include not more than one year of confinement; community restitution work; a term of community custody under RCW 9.94A.702 not to exceed one year; and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement and a community custody term under RCW 9.94A.701 if the court finds reasons justifying an exceptional sentence as provided in RCW 9.94A.535.
(3) If the court imposes a sentence requiring confinement of 30 days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than 30 days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.
(4) If a sentence imposed includes payment of a legal financial obligation, it shall be imposed as provided in RCW 9.94A.750, 9.94A.753, and 9.94A.760.
(5) Except as provided under RCW 9.94A.750(4) and 9.94A.753(4), a court may not impose a sentence providing for a term of confinement or community custody that exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.
(6) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.
(7) The sentencing court shall not give the offender credit for any time the offender was required to comply with an electronic monitoring program prior to sentencing if the offender was convicted of one of the following offenses:
(a) A violent offense;
(b) Any sex offense;
(c) Any drug offense;
(d) Reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050;
(e) Assault in the third degree as defined in RCW 9A.36.031;
(f) Assault of a child in the third degree;
(g) Unlawful imprisonment as defined in RCW 9A.40.040; or
(h) Harassment as defined in RCW 9A.46.020.
(8) The court shall order restitution as provided in RCW 9.94A.750 and 9.94A.753.
(9) As a part of any sentence, the court may impose and enforce crime-related prohibitions and affirmative conditions as provided in this chapter. "Crime-related prohibitions" may include a prohibition on the use or possession of alcohol or controlled substances if the court finds that any chemical dependency or substance abuse contributed to the offense.
(10) In any sentence of partial confinement, the court may require the offender to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.
[ 2024 c 306 s 5; 2022 c 260 s 23; 2021 c 242 s 3; 2019 c 191 s 3. Prior: 2015 c 287 s 10; 2015 c 81 s 1; 2010 c 224 s 4; 2009 c 389 s 1; 2009 c 28 s 6; 2008 c 231 s 25; 2006 c 73 s 6; prior: 2002 c 290 s 17; 2002 c 289 s 6; 2002 c 175 s 6; 2001 2nd sp.s. c 12 s 312; 2001 c 10 s 2; prior: 2000 c 226 s 2; 2000 c 43 s 1; 2000 c 28 s 5; prior: 1999 c 324 s 2; 1999 c 197 s 4; 1999 c 196 s 5; 1999 c 147 s 3; 1998 c 260 s 3; prior: 1997 c 340 s 2; 1997 c 338 s 4; 1997 c 144 s 2; 1997 c 121 s 2; 1997 c 69 s 1; prior: 1996 c 275 s 2; 1996 c 215 s 5; 1996 c 199 s 1; 1996 c 93 s 1; 1995 c 108 s 3; prior: 1994 c 1 s 2 (Initiative Measure No. 593, approved November 2, 1993); 1993 c 31 s 3; prior: 1992 c 145 s 7; 1992 c 75 s 2; 1992 c 45 s 5; prior: 1991 c 221 s 2; 1991 c 181 s 3; 1991 c 104 s 3; 1990 c 3 s 705; 1989 c 252 s 4; prior: 1988 c 154 s 3; 1988 c 153 s 2; 1988 c 143 s 21; prior: 1987 c 456 s 2; 1987 c 402 s 1; prior: 1986 c 301 s 4; 1986 c 301 s 3; 1986 c 257 s 20; 1984 c 209 s 6; 1983 c 163 s 2; 1982 c 192 s 4; 1981 c 137 s 12. Formerly RCW 9.94A.120.]

NOTES:

Effective date2024 c 306: See note following RCW 9.94A.661.
ConstructionEffective date2022 c 260: See notes following RCW 3.66.120.
Applicability2021 c 242: See note following RCW 9.94A.695.
Effective date2009 c 389 ss 1 and 3-5: "Sections 1 and 3 through 5 of this act take effect August 1, 2009." [ 2009 c 389 s 8.]
Effective date2009 c 28: See note following RCW 2.24.040.
IntentApplicationApplication of repealersEffective date2008 c 231: See notes following RCW 9.94A.701.
Severability2008 c 231: See note following RCW 9.94A.500.
Effective date2006 c 73: See note following RCW 46.61.502.
Effective date2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent2002 c 290: See note following RCW 9.94A.517.
SeverabilityEffective date2002 c 289: See notes following RCW 43.43.753.
Effective date2002 c 175: See note following RCW 7.80.130.
IntentSeverabilityEffective dates2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Intent2001 c 10: "It is the intent of the legislature to incorporate into the reorganization of chapter 9.94A RCW adopted by chapter 28, Laws of 2000 amendments adopted to RCW 9.94A.120 during the 2000 legislative session that did not take cognizance of the reorganization. In addition, it is the intent of the legislature to correct any additional incorrect cross-references and to simplify the codification of provisions within chapter 9.94A RCW.
The legislature does not intend to make, and no provision of this act may be construed as making, a substantive change in the sentencing reform act." [ 2001 c 10 s 1.]
Effective date2001 c 10: "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 July 1, 2001." [ 2001 c 10 s 7.]
FindingIntent2000 c 226: "The legislature finds that supervision of offenders in the community and an offender's payment of restitution enhances public safety, improves offender accountability, is an important component of providing justice to victims, and strengthens the community. The legislature intends that all terms and conditions of an offender's supervision in the community, including the length of supervision and payment of legal financial obligations, not be curtailed by an offender's absence from supervision for any reason including confinement in any correctional institution. The legislature, through this act, revises the results of In re Sappenfield, 980 P.2d 1271 (1999) and declares that an offender's absence from supervision or subsequent incarceration acts to toll the jurisdiction of the court or department over an offender for the purpose of enforcing legal financial obligations." [ 2000 c 226 s 1.]
Severability2000 c 226: "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 226 s 6.]
Technical correction bill2000 c 28: See note following RCW 9.94A.015.
Drug offender optionsReport: "The Washington state institute for public policy, in consultation with the sentencing guidelines commission shall evaluate the impact of implementing the drug offender options provided for in RCW 9.94A.120(6). The commission shall submit a final report to the legislature by December 1, 2004. The report shall describe the changes in sentencing practices related to the use of punishment options for drug offenders and include the impact of sentencing alternatives on state prison populations, the savings in state resources, the effectiveness of drug treatment services, and the impact on recidivism rates." [ 1999 c 197 s 12.]
Severability1999 c 197: See note following RCW 9.94A.030.
ConstructionShort title1999 c 196: See RCW 72.09.904 and 72.09.905.
Severability1999 c 196: See note following RCW 9.94A.010.
Intent1998 c 260: See note following RCW 9.94A.500.
FindingEvaluationReport1997 c 338: See note following RCW 13.40.0357.
SeverabilityEffective dates1997 c 338: See notes following RCW 5.60.060.
Finding1996 c 275: "The legislature finds that improving the supervision of convicted sex offenders in the community upon release from incarceration is a substantial public policy goal, in that effective supervision accomplishes many purposes including protecting the community, supporting crime victims, assisting offenders to change, and providing important information to decision makers." [ 1996 c 275 s 1.]
Application1996 c 275 ss 1-5: "Sections 1 through 5, chapter 275, Laws of 1996 apply to crimes committed on or after June 6, 1996." [ 1996 c 275 s 14.]
Severability1996 c 199: "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." [ 1996 c 199 s 9.]
Effective date1995 c 108: See note following RCW 9.94A.030.
SeverabilityShort titleCaptions1994 c 1: See notes following RCW 9.94A.555.
SeverabilityApplication1992 c 45: See notes following RCW 9.94A.840.
PurposeProspective applicationEffective datesSeverability1989 c 252: See notes following RCW 9.94A.030.
Effective dateApplication of increased sanctions1988 c 153: See notes following RCW 9.94A.030.
Applicability1988 c 143 ss 21-24: "Increased sanctions authorized by sections 21 through 24 of this act are applicable only to those persons committing offenses after March 21, 1988." [ 1988 c 143 s 25.]
Effective date1987 c 402: "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 July 1, 1987." [ 1987 c 402 s 3.]
Effective date1986 c 301 s 4: "Section 4 of this act shall take effect July 1, 1987." [ 1986 c 301 s 8.]
Severability1986 c 257: See note following RCW 9A.56.010.
Effective date1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates1984 c 209: See note following RCW 9.94A.030.
Effective date1983 c 163: "Sections 1 through 5 of this act shall take effect on July 1, 1984." [ 1983 c 163 s 7.]
Effective date1981 c 137: See RCW 9.94A.905.



Standard sentence rangesLimitations.

The standard sentence ranges of total and partial confinement under this chapter, except as provided in RCW 9.94A.517, are subject to the following limitations:
(1) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;
(2) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range, except that for murder in the second degree in seriousness level XIV under RCW 9.94A.510, the minimum term in the range shall be no less than fifty percent of the maximum term in the range; and
(3) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.021.

NOTES:

ApplicationRecalculation of community custody terms2011 1st sp.s. c 40: See note following RCW 9.94A.501.



Sentencing of sex offenders.

(1) An offender who is not a persistent offender shall be sentenced under this section if the offender:
(a) Is convicted of:
(i) Rape in the first degree, rape in the second degree, rape of a child in the first degree, child molestation in the first degree, rape of a child in the second degree, or indecent liberties by forcible compulsion;
(ii) Any of the following offenses with a finding of sexual motivation: Murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, assault of a child in the second degree, or burglary in the first degree; or
(iii) An attempt to commit any crime listed in this subsection (1)(a); or
(b) Has a prior conviction for an offense listed in *RCW 9.94A.030(31)(b), and is convicted of any sex offense other than failure to register.
(2) An offender convicted of rape of a child in the first or second degree or child molestation in the first degree who was seventeen years of age or younger at the time of the offense shall not be sentenced under this section.
(3)(a) Upon a finding that the offender is subject to sentencing under this section, the court shall impose a sentence to a maximum term and a minimum term.
(b) The maximum term shall consist of the statutory maximum sentence for the offense.
(c)(i) Except as provided in (c)(ii) of this subsection, the minimum term shall be either within the standard sentence range for the offense, or outside the standard sentence range pursuant to RCW 9.94A.535, if the offender is otherwise eligible for such a sentence.
(ii) If the offense that caused the offender to be sentenced under this section was rape of a child in the first degree, rape of a child in the second degree, or child molestation in the first degree, and there has been a finding that the offense was predatory under RCW 9.94A.836, the minimum term shall be either the maximum of the standard sentence range for the offense or twenty-five years, whichever is greater. If the offense that caused the offender to be sentenced under this section was rape in the first degree, rape in the second degree, indecent liberties by forcible compulsion, or kidnapping in the first degree with sexual motivation, and there has been a finding that the victim was under the age of fifteen at the time of the offense under RCW 9.94A.837, the minimum term shall be either the maximum of the standard sentence range for the offense or twenty-five years, whichever is greater. If the offense that caused the offender to be sentenced under this section is rape in the first degree, rape in the second degree with forcible compulsion, indecent liberties with forcible compulsion, or kidnapping in the first degree with sexual motivation, and there has been a finding under RCW 9.94A.838 that the victim was, at the time of the offense, developmentally disabled, mentally disordered, or a frail elder or vulnerable adult, the minimum sentence shall be either the maximum of the standard sentence range for the offense or twenty-five years, whichever is greater.
(d) The minimum terms in (c)(ii) of this subsection do not apply to a juvenile tried as an adult pursuant to RCW 13.04.030(1)(e) (i) or (v). The minimum term for such a juvenile shall be imposed under (c)(i) of this subsection.
(4) A person sentenced under subsection (3) of this section shall serve the sentence in a facility or institution operated, or utilized under contract, by the state.
(5) When a court sentences a person to the custody of the department under this section, the court shall, in addition to the other terms of the sentence, sentence the offender to community custody under the supervision of the department and the authority of the board for any period of time the person is released from total confinement before the expiration of the maximum sentence.
(6)(a) As part of any sentence under this section, the court shall also require the offender to comply with any conditions imposed by the board under RCW 9.95.420 through 9.95.435.
(b) An offender released by the board under RCW 9.95.420 is subject to the supervision of the department until the expiration of the maximum term of the sentence. The department shall monitor the offender's compliance with conditions of community custody imposed by the court, department, 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.
[ 2008 c 231 s 33. Prior: 2006 c 124 s 3; (2006 c 124 s 2 expired July 1, 2006); 2006 c 122 s 5; (2006 c 122 s 4 expired July 1, 2006); 2005 c 436 s 2; 2004 c 176 s 3; prior: 2001 2nd sp.s. c 12 s 303. Formerly RCW 9.94A.712.]

NOTES:

Reviser's note: *(1) The reference to RCW 9.94A.030(31)(b) was apparently in error.
(2) This section was recodified pursuant to the direction found in section 56(4), chapter 231, Laws of 2008.
(3) 2005 c 436 s 6 (an expiration date section) was repealed by 2006 c 131 s 2.
IntentApplicationApplication of repealersEffective date2008 c 231: See notes following RCW 9.94A.701.
Severability2008 c 231: See note following RCW 9.94A.500.
Expiration date2006 c 124 s 2: "Section 2 of this act expires July 1, 2006." [ 2006 c 124 s 4.]
Effective date2006 c 124: See note following RCW 9.94A.030.
Effective date2006 c 122 ss 5 and 7: "Sections 5 and 7 of this act take effect July 1, 2006." [ 2006 c 122 s 9.]
Expiration date2006 c 122 ss 4 and 6: "Sections 4 and 6 of this act expire July 1, 2006." [ 2006 c 122 s 8.]
Effective date2006 c 122 ss 1-4 and 6: See note following RCW 9.94A.836.
SeverabilityEffective date2004 c 176: See notes following RCW 9.94A.515.
IntentSeverabilityEffective dates2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.



Table 1Sentencing grid.

TABLE 1
Sentencing Grid
SERIOUSNESS
LEVEL
OFFENDER SCORE
 
0
1
2
3
4
5
6
7
8
9 or
more
XVI
Life sentence without parole/death penalty for offenders at or over the age of eighteen. For offenders under the age of eighteen, a term of twenty-five years to life.
XV
23y4m
24y4m
25y4m
26y4m
27y4m
28y4m
30y4m
32y10m
36y
40y
 
240-
250-
261-
271-
281-
291-
312-
338-
370-
411-
 
320
333
347
361
374
388
416
450
493
548
XIV
14y4m
15y4m
16y2m
17y
17y11m
18y9m
20y5m
22y2m
25y7m
29y
 
123-
134-
144-
154-
165-
175-
195-
216-
257-
298-
 
220
234
244
254
265
275
295
316
357
397
XIII
12y
13y
14y
15y
16y
17y
19y
21y
25y
29y
 
123-
134-
144-
154-
165-
175-
195-
216-
257-
298-
 
164
178
192
205
219
233
260
288
342
397
XII
9y
9y11m
10y9m
11y8m
12y6m
13y5m
15y9m
17y3m
20y3m
23y3m
 
93-
102-
111-
120-
129-
138-
162-
178-
209-
240-
 
123
136
147
160
171
184
216
236
277
318
XI
7y6m
8y4m
9y2m
9y11m
10y9m
11y7m
14y2m
15y5m
17y11m
20y5m
 
78-
86-
95-
102-
111-
120-
146-
159-
185-
210-
 
102
114
125
136
147
158
194
211
245
280
X
5y
5y6m
6y
6y6m
7y
7y6m
9y6m
10y6m
12y6m
14y6m
 
51-
57-
62-
67-
72-
77-
98-
108-
129-
149-
 
68
75
82
89
96
102
130
144
171
198
IX
3y
3y6m
4y
4y6m
5y
5y6m
7y6m
8y6m
10y6m
12y6m
 
31-
36-
41-
46-
51-
57-
77-
87-
108-
129-
 
41
48
54
61
68
75
102
116
144
171
VIII
2y
2y6m
3y
3y6m
4y
4y6m
6y6m
7y6m
8y6m
10y6m
 
21-
26-
31-
36-
41-
46-
67-
77-
87-
108-
 
27
34
41
48
54
61
89
102
116
144
VII
18m
2y
2y6m
3y
3y6m
4y
5y6m
6y6m
7y6m
8y6m
 
15-
21-
26-
31-
36-
41-
57-
67-
77-
87-
 
20
27
34
41
48
54
75
89
102
116
VI
13m
18m
2y
2y6m
3y
3y6m
4y6m
5y6m
6y6m
7y6m
 
12+-
15-
21-
26-
31-
36-
46-
57-
67-
77-
 
14
20
27
34
41
48
61
75
89
102
V
9m
13m
15m
18m
2y2m
3y2m
4y
5y
6y
7y
 
6-
12+-
13-
15-
22-
33-
41-
51-
62-
72-
 
12
14
17
20
29
43
54
68
82
96
IV
6m
9m
13m
15m
18m
2y2m
3y2m
4y2m
5y2m
6y2m
 
3-
6-
12+-
13-
15-
22-
33-
43-
53-
63-
 
9
12
14
17
20
29
43
57
70
84
III
2m
5m
8m
11m
14m
20m
2y2m
3y2m
4y2m
5y
 
1-
3-
4-
9-
12+-
17-
22-
33-
43-
51-
 
3
8
12
12
16
22
29
43
57
68
II
 
4m
6m
8m
13m
16m
20m
2y2m
3y2m
4y2m
 
0-90
2-
3-
4-
12+-
14-
17-
22-
33-
43-
 
Days
6
9
12
14
18
22
29
43
57
I
 
 
3m
4m
5m
8m
13m
16m
20m
2y2m
 
0-60
0-90
2-
2-
3-
4-
12+-
14-
17-
22-
 
Days
Days
5
6
8
12
14
18
22
29
Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent standard sentence ranges in months, or in days if so designated. 12+ equals one year and one day.

NOTES:

Application2014 c 130: "Sections 1 through 9 of this act apply to all sentencing hearings conducted on or after June 1, 2014, regardless of the date of an offender's underlying offense." [ 2014 c 130 s 12.]
Effective date2014 c 130: "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 June 1, 2014." [ 2014 c 130 s 16.]
Effective date2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent2002 c 290: See note following RCW 9.94A.517.
Technical correction bill2000 c 28: See note following RCW 9.94A.015.
Effective date1998 c 211: See note following RCW 46.61.5055.
FindingEvaluationReport1997 c 338: See note following RCW 13.40.0357.
SeverabilityEffective dates1997 c 338: See notes following RCW 5.60.060.
Findings and intent1995 c 129: "(1) The people of the state of Washington find and declare that:
(a) Armed criminals pose an increasing and major threat to public safety and can turn any crime into serious injury or death.
(b) Criminals carry deadly weapons for several key reasons including: Forcing the victim to comply with their demands; injuring or killing anyone who tries to stop the criminal acts; and aiding the criminal in escaping.
(c) Current law does not sufficiently stigmatize the carrying and use of deadly weapons by criminals, and far too often there are no deadly weapon enhancements provided for many felonies, including murder, arson, manslaughter, and child molestation and many other sex offenses including child luring.
(d) Current law also fails to distinguish between gun-carrying criminals and criminals carrying knives or clubs.
(2) By increasing the penalties for carrying and using deadly weapons by criminals and closing loopholes involving armed criminals, the people intend to:
(a) Stigmatize the carrying and use of any deadly weapons for all felonies with proper deadly weapon enhancements.
(b) Reduce the number of armed offenders by making the carrying and use of the deadly weapon not worth the sentence received upon conviction.
(c) Distinguish between the gun predators and criminals carrying other deadly weapons and provide greatly increased penalties for gun predators and for those offenders committing crimes to acquire firearms.
(d) Bring accountability and certainty into the sentencing system by tracking individual judges and holding them accountable for their sentencing practices in relation to the state's sentencing guidelines for serious crimes." [ 1995 c 129 s 1 (Initiative Measure No. 159).]
Short title1995 c 129: "This act shall be known and cited as the hard time for armed crime act." [ 1995 c 129 s 21 (Initiative Measure No. 159).]
Severability1995 c 129: "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 129 s 22 (Initiative Measure No. 159).]
Captions not law1995 c 129: "Captions as used in this act do not constitute any part of the law." [ 1995 c 129 s 23 (Initiative Measure No. 159).]
FindingIntentSeverabilityEffective datesContingent expiration date1994 sp.s. c 7: See notes following RCW 43.70.540.
Application1989 c 271 ss 101-111: "Sections 101-111 of this act apply to crimes committed on or after July 1, 1989." [ 1989 c 271 s 114.]
Severability1989 c 271: "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." [ 1989 c 271 s 606.]
Severability1986 c 257: See note following RCW 9A.56.010.
Effective date1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates1984 c 209: See note following RCW 9.94A.030.



Table 2Crimes included within each seriousness level. (Effective until April 1, 2025.)

 
TABLE 2
 
 
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
 
XVI
Aggravated Murder 1 (RCW 10.95.020)
 
XV
Homicide by abuse (RCW 9A.32.055)
 
 
Malicious explosion 1 (RCW 70.74.280(1))
 
 
Murder 1 (RCW 9A.32.030)
 
XIV
Murder 2 (RCW 9A.32.050)
 
 
Trafficking 1 (RCW 9A.40.100(1))
 
XIII
Malicious explosion 2 (RCW 70.74.280(2))
 
 
Malicious placement of an explosive 1 (RCW 70.74.270(1))
 
XII
Assault 1 (RCW 9A.36.011)
 
 
Assault of a Child 1 (RCW 9A.36.120)
 
 
Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
 
 
Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101)
 
 
Rape 1 (RCW 9A.44.040)
 
 
Rape of a Child 1 (RCW 9A.44.073)
 
 
Trafficking 2 (RCW 9A.40.100(3))
 
XI
Manslaughter 1 (RCW 9A.32.060)
 
 
Rape 2 (RCW 9A.44.050)
 
 
Rape of a Child 2 (RCW 9A.44.076)
 
 
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
 
 
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
 
X
Child Molestation 1 (RCW 9A.44.083)
 
 
Criminal Mistreatment 1 (RCW 9A.42.020)
 
 
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
 
 
Kidnapping 1 (RCW 9A.40.020)
 
 
Leading Organized Crime (RCW 9A.82.060(1)(a))
 
 
Malicious explosion 3 (RCW 70.74.280(3))
 
 
Sexually Violent Predator Escape (RCW 9A.76.115)
 
IX
Abandonment of Dependent Person 1 (RCW 9A.42.060)
 
 
Assault of a Child 2 (RCW 9A.36.130)
 
 
Explosive devices prohibited (RCW 70.74.180)
 
 
Hit and RunDeath (RCW 46.52.020(4)(a))
 
 
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)
 
 
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
 
 
Malicious placement of an explosive 2 (RCW 70.74.270(2))
 
 
Robbery 1 (RCW 9A.56.200)
 
 
Sexual Exploitation (RCW 9.68A.040)
 
VIII
Arson 1 (RCW 9A.48.020)
 
 
Commercial Sexual Abuse of a Minor (RCW 9.68A.100)
 
 
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
 
 
Manslaughter 2 (RCW 9A.32.070)
 
 
Promoting Prostitution 1 (RCW 9A.88.070)
 
 
Theft of Ammonia (RCW 69.55.010)
 
VII
Air bag diagnostic systems (causing bodily injury or death) (RCW 46.37.660(2)(b))
 
 
Air bag replacement requirements (causing bodily injury or death) (RCW 46.37.660(1)(b))
 
 
Burglary 1 (RCW 9A.52.020)
 
 
Child Molestation 2 (RCW 9A.44.086)
 
 
Civil Disorder Training (RCW 9A.48.120)
 
 
Custodial Sexual Misconduct 1 (RCW 9A.44.160)
 
 
Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1))
 
 
Drive-by Shooting (RCW 9A.36.045)
 
 
False Reporting 1 (RCW 9A.84.040(2)(a))
 
 
Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)
 
 
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
 
 
Introducing Contraband 1 (RCW 9A.76.140)
 
 
Malicious placement of an explosive 3 (RCW 70.74.270(3))
 
 
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (causing bodily injury or death) (RCW 46.37.650(1)(b))
 
 
Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675)
 
 
Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(b))
 
 
Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1))
 
 
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1))
 
 
Use of a Machine Gun or Bump-fire Stock in Commission of a Felony (RCW 9.41.225)
 
 
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
 
VI
Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))
 
 
Bribery (RCW 9A.68.010)
 
 
Incest 1 (RCW 9A.64.020(1))
 
 
Intimidating a Judge (RCW 9A.72.160)
 
 
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
 
 
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
 
 
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1))
 
 
Rape of a Child 3 (RCW 9A.44.079)
 
 
Theft of a Firearm (RCW 9A.56.300)
 
 
Theft from a Vulnerable Adult 1 (RCW 9A.56.400(1))
 
 
Unlawful Storage of Ammonia (RCW 69.55.020)
 
V
Abandonment of Dependent Person 2 (RCW 9A.42.070)
 
 
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
 
 
Air bag diagnostic systems (RCW 46.37.660(2)(c))
 
 
Air bag replacement requirements (RCW 46.37.660(1)(c))
 
 
Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))
 
 
Child Molestation 3 (RCW 9A.44.089)
 
 
Criminal Mistreatment 2 (RCW 9A.42.030)
 
 
Custodial Sexual Misconduct 2 (RCW 9A.44.170)
 
 
Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2))
 
 
Domestic Violence Court Order Violation (RCW 7.105.450, 10.99.040, 10.99.050, 26.09.300, 26.26B.050, or 26.52.070)
 
 
Extortion 1 (RCW 9A.56.120)
 
 
Extortionate Extension of Credit (RCW 9A.82.020)
 
 
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
 
 
Incest 2 (RCW 9A.64.020(2))
 
 
Kidnapping 2 (RCW 9A.40.030)
 
 
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (RCW 46.37.650(1)(c))
 
 
Perjury 1 (RCW 9A.72.020)
 
 
Persistent prison misbehavior (RCW 9.94.070)
 
 
Possession of a Stolen Firearm (RCW 9A.56.310)
 
 
Rape 3 (RCW 9A.44.060)
 
 
Rendering Criminal Assistance 1 (RCW 9A.76.070)
 
 
Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(c))
 
 
Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2))
 
 
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
 
 
Sexually Violating Human Remains (RCW 9A.44.105)
 
 
Stalking (RCW 9A.46.110)
 
 
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070)
 
IV
Arson 2 (RCW 9A.48.030)
 
 
Assault 2 (RCW 9A.36.021)
 
 
Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h))
 
 
Assault 4 (third domestic violence offense) (RCW 9A.36.041(3))
 
 
Assault by Watercraft (RCW 79A.60.060)
 
 
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
 
 
Cheating 1 (RCW 9.46.1961)
 
 
Commercial Bribery (RCW 9A.68.060)
 
 
Counterfeiting (RCW 9.16.035(4))
 
 
Driving While Under the Influence (RCW 46.61.502(6))
 
 
Endangerment with a Controlled Substance (RCW 9A.42.100)
 
 
Escape 1 (RCW 9A.76.110)
 
 
Hate Crime (RCW 9A.36.080)
 
 
Hit and RunInjury (RCW 46.52.020(4)(b))
 
 
Hit and Run with VesselInjury Accident (RCW 79A.60.200(3))
 
 
Identity Theft 1 (RCW 9.35.020(2))
 
 
Indecent Exposure to Person Under Age 14 (subsequent sex offense) (RCW 9A.88.010)
 
 
Influencing Outcome of Sporting Event (RCW 9A.82.070)
 
 
Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6))
 
 
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2))
 
 
Residential Burglary (RCW 9A.52.025)
 
 
Robbery 2 (RCW 9A.56.210)
 
 
Theft of Livestock 1 (RCW 9A.56.080)
 
 
Threats to Bomb (RCW 9.61.160)
 
 
Trafficking in Stolen Property 1 (RCW 9A.82.050)
 
 
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b))
 
 
Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3))
 
 
Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3))
 
 
Unlawful transaction of insurance business (RCW 48.15.023(3))
 
 
Unlicensed practice as an insurance professional (RCW 48.17.063(2))
 
 
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
 
 
Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100(3))
 
 
Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)
 
 
Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1))
 
III
Animal Cruelty 1 (RCW 16.52.205)
 
 
Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h))
 
 
Assault of a Child 3 (RCW 9A.36.140)
 
 
Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))
 
 
Burglary 2 (RCW 9A.52.030)
 
 
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
 
 
Criminal Gang Intimidation (RCW 9A.46.120)
 
 
Custodial Assault (RCW 9A.36.100)
 
 
Cyber Harassment (RCW 9A.90.120(2)(b))
 
 
Escape 2 (RCW 9A.76.120)
 
 
Extortion 2 (RCW 9A.56.130)
 
 
False Reporting 2 (RCW 9A.84.040(2)(b))
 
 
Harassment (RCW 9A.46.020)
 
 
Hazing (RCW 28B.10.901(2)(b))
 
 
Intimidating a Public Servant (RCW 9A.76.180)
 
 
Introducing Contraband 2 (RCW 9A.76.150)
 
 
Malicious Injury to Railroad Property (RCW 81.60.070)
 
 
Manufacture of Untraceable Firearm with Intent to Sell (RCW 9.41.190)
 
 
Manufacture or Assembly of an Undetectable Firearm or Untraceable Firearm (RCW 9.41.325)
 
 
Mortgage Fraud (RCW 19.144.080)
 
 
Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674)
 
 
Organized Retail Theft 1 (RCW 9A.56.350(2))
 
 
Perjury 2 (RCW 9A.72.030)
 
 
Possession of Incendiary Device (RCW 9.40.120)
 
 
Possession of Machine Gun, Bump-Fire Stock, Undetectable Firearm, or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
 
 
Promoting Prostitution 2 (RCW 9A.88.080)
 
 
Retail Theft with Special Circumstances 1 (RCW 9A.56.360(2))
 
 
Securities Act violation (RCW 21.20.400)
 
 
Tampering with a Witness (RCW 9A.72.120)
 
 
Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2))
 
 
Theft of Livestock 2 (RCW 9A.56.083)
 
 
Theft with the Intent to Resell 1 (RCW 9A.56.340(2))
 
 
Trafficking in Stolen Property 2 (RCW 9A.82.055)
 
 
Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b))
 
 
Unlawful Imprisonment (RCW 9A.40.040)
 
 
Unlawful Misbranding of Fish or Shellfish 1 (RCW 77.140.060(3))
 
 
Unlawful possession of firearm in the second degree (RCW 9.41.040(2))
 
 
Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b))
 
 
Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b))
 
 
Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4))
 
 
Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
 
II
Commercial Fishing Without a License 1 (RCW 77.15.500(3)(b))
 
 
Computer Trespass 1 (RCW 9A.90.040)
 
 
Counterfeiting (RCW 9.16.035(3))
 
 
Electronic Data Service Interference (RCW 9A.90.060)
 
 
Electronic Data Tampering 1 (RCW 9A.90.080)
 
 
Electronic Data Theft (RCW 9A.90.100)
 
 
Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3))
 
 
Escape from Community Custody (RCW 72.09.310)
 
 
Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130 prior to June 10, 2010, and RCW 9A.44.132)
 
 
Health Care False Claims (RCW 48.80.030)
 
 
Identity Theft 2 (RCW 9.35.020(3))
 
 
Improperly Obtaining Financial Information (RCW 9.35.010)
 
 
Malicious Mischief 1 (RCW 9A.48.070)
 
 
Organized Retail Theft 2 (RCW 9A.56.350(3))
 
 
Possession of Stolen Property 1 (RCW 9A.56.150)
 
 
Possession of a Stolen Vehicle (RCW 9A.56.068)
 
 
Retail Theft with Special Circumstances 2 (RCW 9A.56.360(3))
 
 
Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100)
 
 
Theft 1 (RCW 9A.56.030)
 
 
Theft of a Motor Vehicle (RCW 9A.56.065)
 
 
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at $5,000 or more) (RCW 9A.56.096(5)(a))
 
 
Theft with the Intent to Resell 2 (RCW 9A.56.340(3))
 
 
Trafficking in Insurance Claims (RCW 48.30A.015)
 
 
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a))
 
 
Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2))
 
 
Unlawful Practice of Law (RCW 2.48.180)
 
 
Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b))
 
 
Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a))
 
 
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
 
 
Voyeurism 1 (RCW 9A.44.115)
 
I
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
 
 
False Verification for Welfare (RCW 74.08.055)
 
 
Forgery (RCW 9A.60.020)
 
 
Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060)
 
 
Malicious Mischief 2 (RCW 9A.48.080)
 
 
Mineral Trespass (RCW 78.44.330)
 
 
Possession of Stolen Property 2 (RCW 9A.56.160)
 
 
Reckless Burning 1 (RCW 9A.48.040)
 
 
Spotlighting Big Game 1 (RCW 77.15.450(3)(b))
 
 
Suspension of Department Privileges 1 (RCW 77.15.670(3)(b))
 
 
Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075)
 
 
Theft 2 (RCW 9A.56.040)
 
 
Theft from a Vulnerable Adult 2 (RCW 9A.56.400(2))
 
 
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at $750 or more but less than $5,000) (RCW 9A.56.096(5)(b))
 
 
Transaction of insurance business beyond the scope of licensure (RCW 48.17.063)
 
 
Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630(3)(b))
 
 
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
 
 
Unlawful Possession of Fictitious Identification (RCW 9A.56.320)
 
 
Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320)
 
 
Unlawful Possession of Payment Instruments (RCW 9A.56.320)
 
 
Unlawful Possession of a Personal Identification Device (RCW 9A.56.320)
 
 
Unlawful Production of Payment Instruments (RCW 9A.56.320)
 
 
Unlawful Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250(2)(b))
 
 
Unlawful Trafficking in Food Stamps (RCW 9.91.142)
 
 
Unlawful Use of Food Stamps (RCW 9.91.144)
 
 
Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b))
 
 
Vehicle Prowl 1 (RCW 9A.52.095)
 
 
Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b))
 
[ 2024 c 55 s 1. Prior: 2023 c 196 s 3; 2023 c 7 s 3; 2022 c 231 s 13; (2022 c 231 s 12 expired July 1, 2022); 2021 c 215 s 99; 2020 c 344 s 4; prior: 2019 c 271 s 7; 2019 c 243 s 5; 2019 c 64 s 3; 2019 c 46 s 5009; prior: 2018 c 236 s 721; 2018 c 7 s 7; prior: 2017 c 335 s 4; 2017 c 292 s 3; 2017 c 272 s 10; 2017 c 266 s 8; prior: 2016 c 213 s 5; 2016 c 164 s 13; 2016 c 6 s 1; 2015 c 261 s 11; prior: 2013 c 322 s 26; 2013 c 290 s 8; 2013 c 267 s 2; 2013 c 153 s 2; prior: 2012 c 176 s 3; 2012 c 162 s 1; prior: 2010 c 289 s 11; 2010 c 227 s 9; prior: 2008 c 108 s 23; 2008 c 38 s 1; prior: 2007 c 368 s 14; 2007 c 199 s 10; prior: 2006 c 277 s 6; 2006 c 228 s 9; 2006 c 191 s 2; 2006 c 139 s 2; 2006 c 128 s 3; 2006 c 73 s 12; prior: (2006 c 125 s 5 repealed by 2006 c 126 s 7); 2005 c 458 s 2; 2005 c 183 s 9; prior: 2004 c 176 s 2; 2004 c 94 s 3; (2004 c 94 s 2 expired July 1, 2004); prior: 2003 c 335 s 5; (2003 c 335 s 4 expired July 1, 2004); 2003 c 283 s 33; (2003 c 283 s 32 expired July 1, 2004); 2003 c 267 s 3; (2003 c 267 s 2 expired July 1, 2004); 2003 c 250 s 14; (2003 c 250 s 13 expired July 1, 2004); 2003 c 119 s 8; (2003 c 119 s 7 expired July 1, 2004); 2003 c 53 s 56; 2003 c 52 s 4; (2003 c 52 s 3 expired July 1, 2004); prior: 2002 c 340 s 2; 2002 c 324 s 2; 2002 c 290 s 7; (2002 c 290 s 2 expired July 1, 2003); 2002 c 253 s 4; 2002 c 229 s 2; 2002 c 134 s 2; 2002 c 133 s 4; prior: 2001 2nd sp.s. c 12 s 361; 2001 c 300 s 4; 2001 c 217 s 12; 2001 c 17 s 1; prior: 2001 c 310 s 4; 2001 c 287 s 3; 2001 c 224 s 3; 2001 c 222 s 24; 2001 c 207 s 3; 2000 c 225 s 5; 2000 c 119 s 17; 2000 c 66 s 2; prior: 1999 c 352 s 3; 1999 c 322 s 5; 1999 c 45 s 4; prior: 1998 c 290 s 4; 1998 c 219 s 4; 1998 c 82 s 1; 1998 c 78 s 1; prior: 1997 c 365 s 4; 1997 c 346 s 3; 1997 c 340 s 1; 1997 c 338 s 51; 1997 c 266 s 15; 1997 c 120 s 5; prior: 1996 c 302 s 6; 1996 c 205 s 3; 1996 c 36 s 2; prior: 1995 c 385 s 2; 1995 c 285 s 28; 1995 c 129 s 3 (Initiative Measure No. 159); prior: (1994 sp.s. c 7 s 510 repealed by 1995 c 129 s 19 (Initiative Measure No. 159)); 1994 c 275 s 20; 1994 c 53 s 2; prior: 1992 c 145 s 4; 1992 c 75 s 3; 1991 c 32 s 3; 1990 c 3 s 702; prior: 1989 2nd ex.s. c 1 s 3; 1989 c 412 s 3; 1989 c 405 s 1; 1989 c 271 s 102; 1989 c 99 s 1; prior: 1988 c 218 s 2; 1988 c 145 s 12; 1988 c 62 s 2; prior: 1987 c 224 s 1; 1987 c 187 s 4; 1986 c 257 s 23; 1984 c 209 s 17; 1983 c 115 s 3. Formerly RCW 9.94A.320.]

NOTES:

Short title2023 c 196: See note following RCW 28B.10.901.
Short title2023 c 7: See note following RCW 9A.44.160.
Effective date2022 c 231 ss 8, 9, 11, 13, and 15: See note following RCW 7.105.010.
Expiration date2022 c 231 ss 7, 10, 12, 14, 16, and 17: See note following RCW 9.94A.030.
Effective date2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Finding2020 c 344: See note following RCW 9A.84.040.
Effective date2019 c 243: See note following RCW 9.41.010.
Explanatory statement2019 c 64: See note following RCW 1.20.110.
Effective dates2018 c 7: See note following RCW 9.41.010.
FindingIntent2017 c 266: See note following RCW 9A.42.020.
FindingApplication of consumer protection act2016 c 213: See note following RCW 46.37.640.
FindingsIntentShort title2016 c 164: See RCW 9A.90.010 and 9A.90.020.
Effective date2013 c 153: See note following RCW 9A.56.360.
Findings2008 c 108: See RCW 19.144.005.
FindingsIntentShort title2007 c 199: See notes following RCW 9A.56.065.
IntentSeverabilityEffective date2006 c 125: See notes following RCW 9A.44.190.
Effective date2006 c 73: See note following RCW 46.61.502.
Severability2004 c 176: "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 176 s 8.]
Effective date2004 c 176: "Sections 2 through 6 of this act take effect July 1, 2005." [ 2004 c 176 s 9.]
Expiration date2004 c 94 s 2: "Section 2 of this act expires July 1, 2004." [ 2004 c 94 s 8.]
SeverabilityEffective dates2004 c 94: See notes following RCW 9A.90.120.
Effective date2003 c 335 s 5: "Section 5 of this act takes effect July 1, 2004." [ 2003 c 335 s 8.]
Expiration date2003 c 335 s 4: "Section 4 of this act expires July 1, 2004." [ 2003 c 335 s 7.]
Effective date2003 c 283 s 33: "Section 33 of this act takes effect July 1, 2004." [ 2003 c 283 s 37.]
Expiration date2003 c 283 s 32: "Section 32 of this act expires July 1, 2004." [ 2003 c 283 s 36.]
Effective date2003 c 267 s 3: "Section 3 of this act takes effect July 1, 2004." [ 2003 c 267 s 9.]
Expiration date2003 c 267 s 2: "Section 2 of this act expires July 1, 2004." [ 2003 c 267 s 8.]
Effective date2003 c 250 s 14: "Section 14 of this act takes effect July 1, 2004." [ 2003 c 250 s 17.]
Expiration date2003 c 250 s 13: "Section 13 of this act expires July 1, 2004." [ 2003 c 250 s 16.]
Severability2003 c 250: See note following RCW 48.01.080.
Effective date2003 c 119 s 8: "Section 8 of this act takes effect July 1, 2004." [ 2003 c 119 s 10.]
Expiration date2003 c 119 s 7: "Section 7 of this act expires July 1, 2004." [ 2003 c 119 s 9.]
IntentEffective date2003 c 53: See notes following RCW 2.48.180.
Effective date2003 c 52 s 4: "Section 4 of this act takes effect July 1, 2004." [ 2003 c 52 s 6.]
Expiration date2003 c 52 s 3: "Section 3 of this act expires July 1, 2004." [ 2003 c 52 s 5.]
Study and report2002 c 324: See note following RCW 9A.56.070.
Effective date2002 c 290 ss 7-11 and 14-23: "Sections 7 through 11 and 14 through 23 of this act take effect July 1, 2003." [ 2003 c 379 s 10; 2002 c 290 s 31.]
Effective date2002 c 290 ss 2 and 3: "Sections 2 and 3 of this act take effect July 1, 2002, and apply to crimes committed on or after July 1, 2002." [ 2002 c 290 s 29.]
Expiration date2002 c 290 s 2: "Section 2 of this act expires July 1, 2003." [ 2003 c 379 s 9; 2002 c 290 s 30.]
Intent2002 c 290: See note following RCW 9.94A.517.
Effective date2002 c 229: See note following RCW 9A.42.100.
Effective date2002 c 134: See note following RCW 69.50.440.
Effective date2002 c 133: See note following RCW 69.55.010.
IntentSeverabilityEffective dates2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
PurposeEffective date2001 c 310: See notes following RCW 2.48.180.
Effective dates2001 c 287: See note following RCW 9A.76.115.
PurposeEffective date2001 c 224: See notes following RCW 9A.68.060.
PurposeEffective date2001 c 222: See notes following RCW 9A.82.001.
Captions not law2001 c 217: See note following RCW 9.35.005.
PurposeEffective date2001 c 207: See notes following RCW 18.130.190.
Severability2000 c 225: See note following RCW 69.55.010.
Effective date2000 c 119 s 17: "Section 17 of this act takes effect July 1, 2000." [ 2000 c 119 s 30.]
Application2000 c 119: See note following RCW 10.31.100.
Alphabetization1999 c 352: "The code reviser shall alphabetize the offenses within each seriousness level in RCW 9.94A.320, including any offenses added in the 1999 legislative session." [ 1999 c 352 s 6.]
Application1999 c 352 ss 3-5: "The amendments made by sections 3 through 5, chapter 352, Laws of 1999 shall apply to offenses committed on or after July 25, 1999, except that the amendments made by chapter 352, Laws of 1999 to seriousness level V in RCW 9.94A.320 shall apply to offenses committed on or after July 1, 2000." [ 1999 c 352 s 7.]
ApplicationEffective dateSeverability1998 c 290: See notes following RCW 69.50.401.
Application1998 c 78: "This act applies to crimes committed on or after July 1, 1998." [ 1998 c 78 s 2.]
SeverabilityEffective dates1997 c 338: See notes following RCW 5.60.060.
FindingEvaluationReport1997 c 338: See note following RCW 13.40.0357.
FindingsIntentSeverability1997 c 266: See notes following RCW 28A.600.455.
Severability1996 c 302: See note following RCW 9A.42.010.
Effective date1995 c 285: See RCW 48.30A.900.
Findings and intentShort titleSeverabilityCaptions not law1995 c 129: See notes following RCW 9.94A.510.
Contingent expiration date1994 sp.s. c 7: See note following RCW 43.70.540.
FindingIntentSeverabilityEffective dates1994 sp.s. c 7: See notes following RCW 43.70.540.
Short titleEffective date1994 c 275: See notes following RCW 46.04.015.
Effective date1989 2nd ex.s. c 1: See note following RCW 9A.52.025.
FindingIntent1989 c 271 ss 102, 109, and 110: See note following RCW 9A.36.050.
Application1989 c 271 ss 101-111: See note following RCW 9.94A.510.
Severability1989 c 271: See note following RCW 9.94A.510.
Application1989 c 99: "This act applies to crimes committed after July 1, 1989." [ 1989 c 99 s 2.]
Effective date1989 c 99: "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 July 1, 1989." [ 1989 c 99 s 3.]
Effective dateSavingsApplication1988 c 145: See notes following RCW 9A.44.010.
Effective dateApplication1987 c 224: "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, 1987. It shall apply to crimes committed on or after July 1, 1987." [ 1987 c 224 s 2.]
Severability1986 c 257: See note following RCW 9A.56.010.
Effective date1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates1984 c 209: See note following RCW 9.94A.030.

Table 2Crimes included within each seriousness level. (Effective April 1, 2025.)

 
TABLE 2
 
 
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
 
XVI
Aggravated Murder 1 (RCW 10.95.020)
 
XV
Homicide by abuse (RCW 9A.32.055)
 
 
Malicious explosion 1 (RCW 70.74.280(1))
 
 
Murder 1 (RCW 9A.32.030)
 
XIV
Murder 2 (RCW 9A.32.050)
 
 
Trafficking 1 (RCW 9A.40.100(1))
 
XIII
Malicious explosion 2 (RCW 70.74.280(2))
 
 
Malicious placement of an explosive 1 (RCW 70.74.270(1))
 
XII
Assault 1 (RCW 9A.36.011)
 
 
Assault of a Child 1 (RCW 9A.36.120)
 
 
Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
 
 
Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101)
 
 
Rape 1 (RCW 9A.44.040)
 
 
Rape of a Child 1 (RCW 9A.44.073)
 
 
Trafficking 2 (RCW 9A.40.100(3))
 
XI
Manslaughter 1 (RCW 9A.32.060)
 
 
Rape 2 (RCW 9A.44.050)
 
 
Rape of a Child 2 (RCW 9A.44.076)
 
 
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
 
 
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
 
X
Child Molestation 1 (RCW 9A.44.083)
 
 
Criminal Mistreatment 1 (RCW 9A.42.020)
 
 
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
 
 
Kidnapping 1 (RCW 9A.40.020)
 
 
Leading Organized Crime (RCW 9A.82.060(1)(a))
 
 
Malicious explosion 3 (RCW 70.74.280(3))
 
 
Sexually Violent Predator Escape (RCW 9A.76.115)
 
IX
Abandonment of Dependent Person 1 (RCW 9A.42.060)
 
 
Assault of a Child 2 (RCW 9A.36.130)
 
 
Explosive devices prohibited (RCW 70.74.180)
 
 
Hit and RunDeath (RCW 46.52.020(4)(a))
 
 
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)
 
 
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
 
 
Malicious placement of an explosive 2 (RCW 70.74.270(2))
 
 
Robbery 1 (RCW 9A.56.200)
 
 
Sexual Exploitation (RCW 9.68A.040)
 
VIII
Arson 1 (RCW 9A.48.020)
 
 
Commercial Sexual Abuse of a Minor (RCW 9.68A.100)
 
 
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
 
 
Manslaughter 2 (RCW 9A.32.070)
 
 
Promoting Prostitution 1 (RCW 9A.88.070)
 
 
Theft of Ammonia (RCW 69.55.010)
 
VII
Air bag diagnostic systems (causing bodily injury or death) (RCW 46.37.660(2)(b))
 
 
Air bag replacement requirements (causing bodily injury or death) (RCW 46.37.660(1)(b))
 
 
Burglary 1 (RCW 9A.52.020)
 
 
Child Molestation 2 (RCW 9A.44.086)
 
 
Civil Disorder Training (RCW 9A.48.120)
 
 
Custodial Sexual Misconduct 1 (RCW 9A.44.160)
 
 
Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1))
 
 
Drive-by Shooting (RCW 9A.36.045)
 
 
False Reporting 1 (RCW 9A.84.040(2)(a))
 
 
Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)
 
 
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
 
 
Introducing Contraband 1 (RCW 9A.76.140)
 
 
Malicious placement of an explosive 3 (RCW 70.74.270(3))
 
 
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (causing bodily injury or death) (RCW 46.37.650(1)(b))
 
 
Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675)
 
 
Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(b))
 
 
Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1))
 
 
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1))
 
 
Use of a Machine Gun or Bump-fire Stock in Commission of a Felony (RCW 9.41.225)
 
 
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
 
VI
Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))
 
 
Bribery (RCW 9A.68.010)
 
 
Incest 1 (RCW 9A.64.020(1))
 
 
Intimidating a Judge (RCW 9A.72.160)
 
 
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
 
 
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
 
 
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1))
 
 
Rape of a Child 3 (RCW 9A.44.079)
 
 
Theft of a Firearm (RCW 9A.56.300)
 
 
Theft from a Vulnerable Adult 1 (RCW 9A.56.400(1))
 
 
Unlawful Storage of Ammonia (RCW 69.55.020)
 
V
Abandonment of Dependent Person 2 (RCW 9A.42.070)
 
 
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
 
 
Air bag diagnostic systems (RCW 46.37.660(2)(c))
 
 
Air bag replacement requirements (RCW 46.37.660(1)(c))
 
 
Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))
 
 
Child Molestation 3 (RCW 9A.44.089)
 
 
Criminal Mistreatment 2 (RCW 9A.42.030)
 
 
Custodial Sexual Misconduct 2 (RCW 9A.44.170)
 
 
Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2))
 
 
Domestic Violence Court Order Violation (RCW 7.105.450, 10.99.040, 10.99.050, 26.09.300, 26.26B.050, or 26.52.070)
 
 
Extortion 1 (RCW 9A.56.120)
 
 
Extortionate Extension of Credit (RCW 9A.82.020)
 
 
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
 
 
Incest 2 (RCW 9A.64.020(2))
 
 
Kidnapping 2 (RCW 9A.40.030)
 
 
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (RCW 46.37.650(1)(c))
 
 
Perjury 1 (RCW 9A.72.020)
 
 
Persistent prison misbehavior (RCW 9.94.070)
 
 
Possession of a Stolen Firearm (RCW 9A.56.310)
 
 
Rape 3 (RCW 9A.44.060)
 
 
Rendering Criminal Assistance 1 (RCW 9A.76.070)
 
 
Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(c))
 
 
Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2))
 
 
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
 
 
Sexually Violating Human Remains (RCW 9A.44.105)
 
 
Stalking (RCW 9A.46.110)
 
 
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070)
 
IV
Arson 2 (RCW 9A.48.030)
 
 
Assault 2 (RCW 9A.36.021)
 
 
Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h))
 
 
Assault 4 (third domestic violence offense) (RCW 9A.36.041(3))
 
 
Assault by Watercraft (RCW 79A.60.060)
 
 
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
 
 
Cheating 1 (RCW 9.46.1961)
 
 
Commercial Bribery (RCW 9A.68.060)
 
 
Counterfeiting (RCW 9.16.035(4))
 
 
Driving While Under the Influence (RCW 46.61.502(6))
 
 
Endangerment with a Controlled Substance (RCW 9A.42.100)
 
 
Escape 1 (RCW 9A.76.110)
 
 
Hate Crime (RCW 9A.36.080)
 
 
Hit and RunInjury (RCW 46.52.020(4)(b))
 
 
Hit and Run with VesselInjury Accident (RCW 79A.60.200(3))
 
 
Identity Theft 1 (RCW 9.35.020(2))
 
 
Indecent Exposure to Person Under Age 14 (subsequent sex offense) (RCW 9A.88.010)
 
 
Influencing Outcome of Sporting Event (RCW 9A.82.070)
 
 
Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6))
 
 
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2))
 
 
Residential Burglary (RCW 9A.52.025)
 
 
Robbery 2 (RCW 9A.56.210)
 
 
Theft of Livestock 1 (RCW 9A.56.080)
 
 
Threats to Bomb (RCW 9.61.160)
 
 
Trafficking in Catalytic Converters 1 (RCW 9A.82.190)
 
 
Trafficking in Stolen Property 1 (RCW 9A.82.050)
 
 
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b))
 
 
Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3))
 
 
Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3))
 
 
Unlawful transaction of insurance business (RCW 48.15.023(3))
 
 
Unlicensed practice as an insurance professional (RCW 48.17.063(2))
 
 
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
 
 
Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100(3))
 
 
Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)
 
 
Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1))
 
III
Animal Cruelty 1 (RCW 16.52.205)
 
 
Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h))
 
 
Assault of a Child 3 (RCW 9A.36.140)
 
 
Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))
 
 
Burglary 2 (RCW 9A.52.030)
 
 
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
 
 
Criminal Gang Intimidation (RCW 9A.46.120)
 
 
Custodial Assault (RCW 9A.36.100)
 
 
Cyber Harassment (RCW 9A.90.120(2)(b))
 
 
Escape 2 (RCW 9A.76.120)
 
 
Extortion 2 (RCW 9A.56.130)
 
 
False Reporting 2 (RCW 9A.84.040(2)(b))
 
 
Harassment (RCW 9A.46.020)
 
 
Hazing (RCW 28B.10.901(2)(b))
 
 
Intimidating a Public Servant (RCW 9A.76.180)
 
 
Introducing Contraband 2 (RCW 9A.76.150)
 
 
Malicious Injury to Railroad Property (RCW 81.60.070)
 
 
Manufacture of Untraceable Firearm with Intent to Sell (RCW 9.41.190)
 
 
Manufacture or Assembly of an Undetectable Firearm or Untraceable Firearm (RCW 9.41.325)
 
 
Mortgage Fraud (RCW 19.144.080)
 
 
Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674)
 
 
Organized Retail Theft 1 (RCW 9A.56.350(2))
 
 
Perjury 2 (RCW 9A.72.030)
 
 
Possession of Incendiary Device (RCW 9.40.120)
 
 
Possession of Machine Gun, Bump-Fire Stock, Undetectable Firearm, or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
 
 
Promoting Prostitution 2 (RCW 9A.88.080)
 
 
Retail Theft with Special Circumstances 1 (RCW 9A.56.360(2))
 
 
Securities Act violation (RCW 21.20.400)
 
 
Tampering with a Witness (RCW 9A.72.120)
 
 
Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2))
 
 
Theft of Livestock 2 (RCW 9A.56.083)
 
 
Theft with the Intent to Resell 1 (RCW 9A.56.340(2))
 
 
Trafficking in Catalytic Converters 2 (RCW 9A.82.200)
 
 
Trafficking in Stolen Property 2 (RCW 9A.82.055)
 
 
Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b))
 
 
Unlawful Imprisonment (RCW 9A.40.040)
 
 
Unlawful Misbranding of Fish or Shellfish 1 (RCW 77.140.060(3))
 
 
Unlawful possession of firearm in the second degree (RCW 9.41.040(2))
 
 
Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b))
 
 
Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b))
 
 
Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4))
 
 
Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
 
II
Commercial Fishing Without a License 1 (RCW 77.15.500(3)(b))
 
 
Computer Trespass 1 (RCW 9A.90.040)
 
 
Counterfeiting (RCW 9.16.035(3))
 
 
Electronic Data Service Interference (RCW 9A.90.060)
 
 
Electronic Data Tampering 1 (RCW 9A.90.080)
 
 
Electronic Data Theft (RCW 9A.90.100)
 
 
Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3))
 
 
Escape from Community Custody (RCW 72.09.310)
 
 
Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130 prior to June 10, 2010, and RCW 9A.44.132)
 
 
Health Care False Claims (RCW 48.80.030)
 
 
Identity Theft 2 (RCW 9.35.020(3))
 
 
Improperly Obtaining Financial Information (RCW 9.35.010)
 
 
Malicious Mischief 1 (RCW 9A.48.070)
 
 
Organized Retail Theft 2 (RCW 9A.56.350(3))
 
 
Possession of Stolen Property 1 (RCW 9A.56.150)
 
 
Possession of a Stolen Vehicle (RCW 9A.56.068)
 
 
Possession, sale, or offering for sale of seven or more unmarked catalytic converters (RCW 9A.82.180(5))
 
 
Retail Theft with Special Circumstances 2 (RCW 9A.56.360(3))
 
 
Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100)
 
 
Theft 1 (RCW 9A.56.030)
 
 
Theft of a Motor Vehicle (RCW 9A.56.065)
 
 
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at $5,000 or more) (RCW 9A.56.096(5)(a))
 
 
Theft with the Intent to Resell 2 (RCW 9A.56.340(3))
 
 
Trafficking in Insurance Claims (RCW 48.30A.015)
 
 
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a))
 
 
Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2))
 
 
Unlawful Practice of Law (RCW 2.48.180)
 
 
Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b))
 
 
Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a))
 
 
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
 
 
Voyeurism 1 (RCW 9A.44.115)
 
I
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
 
 
False Verification for Welfare (RCW 74.08.055)
 
 
Forgery (RCW 9A.60.020)
 
 
Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060)
 
 
Malicious Mischief 2 (RCW 9A.48.080)
 
 
Mineral Trespass (RCW 78.44.330)
 
 
Possession of Stolen Property 2 (RCW 9A.56.160)
 
 
Reckless Burning 1 (RCW 9A.48.040)
 
 
Spotlighting Big Game 1 (RCW 77.15.450(3)(b))
 
 
Suspension of Department Privileges 1 (RCW 77.15.670(3)(b))
 
 
Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075)
 
 
Theft 2 (RCW 9A.56.040)
 
 
Theft from a Vulnerable Adult 2 (RCW 9A.56.400(2))
 
 
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at $750 or more but less than $5,000) (RCW 9A.56.096(5)(b))
 
 
Transaction of insurance business beyond the scope of licensure (RCW 48.17.063)
 
 
Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630(3)(b))
 
 
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
 
 
Unlawful Possession of Fictitious Identification (RCW 9A.56.320)
 
 
Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320)
 
 
Unlawful Possession of Payment Instruments (RCW 9A.56.320)
 
 
Unlawful Possession of a Personal Identification Device (RCW 9A.56.320)
 
 
Unlawful Production of Payment Instruments (RCW 9A.56.320)
 
 
Unlawful Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250(2)(b))
 
 
Unlawful Trafficking in Food Stamps (RCW 9.91.142)
 
 
Unlawful Use of Food Stamps (RCW 9.91.144)
 
 
Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b))
 
 
Vehicle Prowl 1 (RCW 9A.52.095)
 
 
Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b))
 
[ 2024 c 301 s 29; 2024 c 55 s 1. Prior: 2023 c 196 s 3; 2023 c 7 s 3; 2022 c 231 s 13; (2022 c 231 s 12 expired July 1, 2022); 2021 c 215 s 99; 2020 c 344 s 4; prior: 2019 c 271 s 7; 2019 c 243 s 5; 2019 c 64 s 3; 2019 c 46 s 5009; prior: 2018 c 236 s 721; 2018 c 7 s 7; prior: 2017 c 335 s 4; 2017 c 292 s 3; 2017 c 272 s 10; 2017 c 266 s 8; prior: 2016 c 213 s 5; 2016 c 164 s 13; 2016 c 6 s 1; 2015 c 261 s 11; prior: 2013 c 322 s 26; 2013 c 290 s 8; 2013 c 267 s 2; 2013 c 153 s 2; prior: 2012 c 176 s 3; 2012 c 162 s 1; prior: 2010 c 289 s 11; 2010 c 227 s 9; prior: 2008 c 108 s 23; 2008 c 38 s 1; prior: 2007 c 368 s 14; 2007 c 199 s 10; prior: 2006 c 277 s 6; 2006 c 228 s 9; 2006 c 191 s 2; 2006 c 139 s 2; 2006 c 128 s 3; 2006 c 73 s 12; prior: (2006 c 125 s 5 repealed by 2006 c 126 s 7); 2005 c 458 s 2; 2005 c 183 s 9; prior: 2004 c 176 s 2; 2004 c 94 s 3; (2004 c 94 s 2 expired July 1, 2004); prior: 2003 c 335 s 5; (2003 c 335 s 4 expired July 1, 2004); 2003 c 283 s 33; (2003 c 283 s 32 expired July 1, 2004); 2003 c 267 s 3; (2003 c 267 s 2 expired July 1, 2004); 2003 c 250 s 14; (2003 c 250 s 13 expired July 1, 2004); 2003 c 119 s 8; (2003 c 119 s 7 expired July 1, 2004); 2003 c 53 s 56; 2003 c 52 s 4; (2003 c 52 s 3 expired July 1, 2004); prior: 2002 c 340 s 2; 2002 c 324 s 2; 2002 c 290 s 7; (2002 c 290 s 2 expired July 1, 2003); 2002 c 253 s 4; 2002 c 229 s 2; 2002 c 134 s 2; 2002 c 133 s 4; prior: 2001 2nd sp.s. c 12 s 361; 2001 c 300 s 4; 2001 c 217 s 12; 2001 c 17 s 1; prior: 2001 c 310 s 4; 2001 c 287 s 3; 2001 c 224 s 3; 2001 c 222 s 24; 2001 c 207 s 3; 2000 c 225 s 5; 2000 c 119 s 17; 2000 c 66 s 2; prior: 1999 c 352 s 3; 1999 c 322 s 5; 1999 c 45 s 4; prior: 1998 c 290 s 4; 1998 c 219 s 4; 1998 c 82 s 1; 1998 c 78 s 1; prior: 1997 c 365 s 4; 1997 c 346 s 3; 1997 c 340 s 1; 1997 c 338 s 51; 1997 c 266 s 15; 1997 c 120 s 5; prior: 1996 c 302 s 6; 1996 c 205 s 3; 1996 c 36 s 2; prior: 1995 c 385 s 2; 1995 c 285 s 28; 1995 c 129 s 3 (Initiative Measure No. 159); prior: (1994 sp.s. c 7 s 510 repealed by 1995 c 129 s 19 (Initiative Measure No. 159)); 1994 c 275 s 20; 1994 c 53 s 2; prior: 1992 c 145 s 4; 1992 c 75 s 3; 1991 c 32 s 3; 1990 c 3 s 702; prior: 1989 2nd ex.s. c 1 s 3; 1989 c 412 s 3; 1989 c 405 s 1; 1989 c 271 s 102; 1989 c 99 s 1; prior: 1988 c 218 s 2; 1988 c 145 s 12; 1988 c 62 s 2; prior: 1987 c 224 s 1; 1987 c 187 s 4; 1986 c 257 s 23; 1984 c 209 s 17; 1983 c 115 s 3. Formerly RCW 9.94A.320.]

NOTES:

Reviser's note: This section was amended by 2024 c 55 s 1 and by 2024 c 301 s 29, 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 dateFindingsIntent2024 c 301: See notes following RCW 9A.82.180.
Short title2023 c 196: See note following RCW 28B.10.901.
Short title2023 c 7: See note following RCW 9A.44.160.
Effective date2022 c 231 ss 8, 9, 11, 13, and 15: See note following RCW 7.105.010.
Expiration date2022 c 231 ss 7, 10, 12, 14, 16, and 17: See note following RCW 9.94A.030.
Effective date2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Finding2020 c 344: See note following RCW 9A.84.040.
Effective date2019 c 243: See note following RCW 9.41.010.
Explanatory statement2019 c 64: See note following RCW 1.20.110.
Effective dates2018 c 7: See note following RCW 9.41.010.
FindingIntent2017 c 266: See note following RCW 9A.42.020.
FindingApplication of consumer protection act2016 c 213: See note following RCW 46.37.640.
FindingsIntentShort title2016 c 164: See RCW 9A.90.010 and 9A.90.020.
Effective date2013 c 153: See note following RCW 9A.56.360.
Findings2008 c 108: See RCW 19.144.005.
FindingsIntentShort title2007 c 199: See notes following RCW 9A.56.065.
IntentSeverabilityEffective date2006 c 125: See notes following RCW 9A.44.190.
Effective date2006 c 73: See note following RCW 46.61.502.
Severability2004 c 176: "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 176 s 8.]
Effective date2004 c 176: "Sections 2 through 6 of this act take effect July 1, 2005." [ 2004 c 176 s 9.]
Expiration date2004 c 94 s 2: "Section 2 of this act expires July 1, 2004." [ 2004 c 94 s 8.]
SeverabilityEffective dates2004 c 94: See notes following RCW 9A.90.120.
Effective date2003 c 335 s 5: "Section 5 of this act takes effect July 1, 2004." [ 2003 c 335 s 8.]
Expiration date2003 c 335 s 4: "Section 4 of this act expires July 1, 2004." [ 2003 c 335 s 7.]
Effective date2003 c 283 s 33: "Section 33 of this act takes effect July 1, 2004." [ 2003 c 283 s 37.]
Expiration date2003 c 283 s 32: "Section 32 of this act expires July 1, 2004." [ 2003 c 283 s 36.]
Effective date2003 c 267 s 3: "Section 3 of this act takes effect July 1, 2004." [ 2003 c 267 s 9.]
Expiration date2003 c 267 s 2: "Section 2 of this act expires July 1, 2004." [ 2003 c 267 s 8.]
Effective date2003 c 250 s 14: "Section 14 of this act takes effect July 1, 2004." [ 2003 c 250 s 17.]
Expiration date2003 c 250 s 13: "Section 13 of this act expires July 1, 2004." [ 2003 c 250 s 16.]
Severability2003 c 250: See note following RCW 48.01.080.
Effective date2003 c 119 s 8: "Section 8 of this act takes effect July 1, 2004." [ 2003 c 119 s 10.]
Expiration date2003 c 119 s 7: "Section 7 of this act expires July 1, 2004." [ 2003 c 119 s 9.]
IntentEffective date2003 c 53: See notes following RCW 2.48.180.
Effective date2003 c 52 s 4: "Section 4 of this act takes effect July 1, 2004." [ 2003 c 52 s 6.]
Expiration date2003 c 52 s 3: "Section 3 of this act expires July 1, 2004." [ 2003 c 52 s 5.]
Study and report2002 c 324: See note following RCW 9A.56.070.
Effective date2002 c 290 ss 7-11 and 14-23: "Sections 7 through 11 and 14 through 23 of this act take effect July 1, 2003." [ 2003 c 379 s 10; 2002 c 290 s 31.]
Effective date2002 c 290 ss 2 and 3: "Sections 2 and 3 of this act take effect July 1, 2002, and apply to crimes committed on or after July 1, 2002." [ 2002 c 290 s 29.]
Expiration date2002 c 290 s 2: "Section 2 of this act expires July 1, 2003." [ 2003 c 379 s 9; 2002 c 290 s 30.]
Intent2002 c 290: See note following RCW 9.94A.517.
Effective date2002 c 229: See note following RCW 9A.42.100.
Effective date2002 c 134: See note following RCW 69.50.440.
Effective date2002 c 133: See note following RCW 69.55.010.
IntentSeverabilityEffective dates2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
PurposeEffective date2001 c 310: See notes following RCW 2.48.180.
Effective dates2001 c 287: See note following RCW 9A.76.115.
PurposeEffective date2001 c 224: See notes following RCW 9A.68.060.
PurposeEffective date2001 c 222: See notes following RCW 9A.82.001.
Captions not law2001 c 217: See note following RCW 9.35.005.
PurposeEffective date2001 c 207: See notes following RCW 18.130.190.
Severability2000 c 225: See note following RCW 69.55.010.
Effective date2000 c 119 s 17: "Section 17 of this act takes effect July 1, 2000." [ 2000 c 119 s 30.]
Application2000 c 119: See note following RCW 10.31.100.
Alphabetization1999 c 352: "The code reviser shall alphabetize the offenses within each seriousness level in RCW 9.94A.320, including any offenses added in the 1999 legislative session." [ 1999 c 352 s 6.]
Application1999 c 352 ss 3-5: "The amendments made by sections 3 through 5, chapter 352, Laws of 1999 shall apply to offenses committed on or after July 25, 1999, except that the amendments made by chapter 352, Laws of 1999 to seriousness level V in RCW 9.94A.320 shall apply to offenses committed on or after July 1, 2000." [ 1999 c 352 s 7.]
ApplicationEffective dateSeverability1998 c 290: See notes following RCW 69.50.401.
Application1998 c 78: "This act applies to crimes committed on or after July 1, 1998." [ 1998 c 78 s 2.]
SeverabilityEffective dates1997 c 338: See notes following RCW 5.60.060.
FindingEvaluationReport1997 c 338: See note following RCW 13.40.0357.
FindingsIntentSeverability1997 c 266: See notes following RCW 28A.600.455.
Severability1996 c 302: See note following RCW 9A.42.010.
Effective date1995 c 285: See RCW 48.30A.900.
Findings and intentShort titleSeverabilityCaptions not law1995 c 129: See notes following RCW 9.94A.510.
Contingent expiration date1994 sp.s. c 7: See note following RCW 43.70.540.
FindingIntentSeverabilityEffective dates1994 sp.s. c 7: See notes following RCW 43.70.540.
Short titleEffective date1994 c 275: See notes following RCW 46.04.015.
Effective date1989 2nd ex.s. c 1: See note following RCW 9A.52.025.
FindingIntent1989 c 271 ss 102, 109, and 110: See note following RCW 9A.36.050.
Application1989 c 271 ss 101-111: See note following RCW 9.94A.510.
Severability1989 c 271: See note following RCW 9.94A.510.
Application1989 c 99: "This act applies to crimes committed after July 1, 1989." [ 1989 c 99 s 2.]
Effective date1989 c 99: "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 July 1, 1989." [ 1989 c 99 s 3.]
Effective dateSavingsApplication1988 c 145: See notes following RCW 9A.44.010.
Effective dateApplication1987 c 224: "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, 1987. It shall apply to crimes committed on or after July 1, 1987." [ 1987 c 224 s 2.]
Severability1986 c 257: See note following RCW 9A.56.010.
Effective date1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates1984 c 209: See note following RCW 9.94A.030.



Table 3Drug offense sentencing grid.

(1)
TABLE 3
DRUG OFFENSE SENTENCING GRID
Seriousness
Level
Offender Score
0 to 2
Offender Score
3 to 5
Offender Score
6 to 9 or more
III
51 to 68 months
68+ to 100 months
100+ to 120 months
II
12+ to 20 months
20+ to 60 months
60+ to 120 months
I
0 to 6 months
6+ to 18 months
12+ to 24 months
References to months represent the standard sentence ranges. 12+ equals one year and one day.
(2) The court may utilize any other sanctions or alternatives as authorized by law, including but not limited to the special drug offender sentencing alternative under RCW 9.94A.660 or drug court under chapter 2.30 RCW.
(3) Nothing in this section creates an entitlement for a criminal defendant to any specific sanction, alternative, sentence option, or substance abuse treatment.
[ 2015 c 291 s 9; (2015 c 291 s 8 expired July 1, 2018); (2013 2nd sp.s. c 14 s 1 expired July 1, 2018); 2002 c 290 s 8.]

NOTES:

Effective date2015 c 291 s 9: "Section 9 of this act takes effect July 1, 2018." [ 2015 c 291 s 16.]
Expiration date2015 c 291 s 8: "Section 8 of this act expires July 1, 2018." [ 2015 c 291 s 15.]
Conflict with federal requirements2015 c 291: See note following RCW 2.30.010.
ApplicationRecalculation of earned release date2013 2nd sp.s. c 14: "Pursuant to RCW 9.94A.729, the department shall recalculate the earned release date for any offender currently serving a term in a facility or institution either operated by the state or utilized under contract. The earned release date shall be recalculated whether the offender is currently incarcerated or is sentenced after July 1, 2013, and regardless of the offender's date of offense. For offenders whose offense was committed prior to July 1, 2013, the recalculation shall not extend a term of incarceration beyond that to which an offender is currently subject." [ 2013 2nd sp.s. c 14 s 4.]
Declaration2013 2nd sp.s. c 14 s 4: "The legislature declares that section 4 of this act does not create any liberty interest. The department is authorized to take the time reasonably necessary to complete the recalculations of section 4 of this act after July 1, 2013." [ 2013 2nd sp.s. c 14 s 6.]
Compilation of sentencing informationReport2013 2nd sp.s. c 14: "(1)(a) The department must, in consultation with the caseload forecast council, compile the following information in summary form for the two years prior to and after July 1, 2013: For offenders sentenced under RCW 9.94A.517 for a seriousness level I offense where the offender score is three to five: (A) The total number of sentences and the average length of sentence imposed, sorted by sentences served in state versus local correctional facilities; (B) the number of current and prior felony convictions for each offender; (C) the estimated cost or cost savings, total and per offender, to the state and local governments from the change to the maximum sentence pursuant to RCW 9.94A.517(1); and (D) the number of offenders who were sentenced to community custody, the number of violations committed on community custody, and any sanctions imposed for such violations.
(b) The department must submit a report with its findings to the office of financial management and the appropriate fiscal and policy committees of the house of representatives and the senate by January 1, 2015, and January 1, 2018.
(2) For purposes of this section, "department" means the department of corrections." [ 2013 2nd sp.s. c 14 s 5.]
Effective date2013 2nd sp.s. c 14: "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 July 1, 2013." [ 2013 2nd sp.s. c 14 s 9.]
Applicability2013 2nd sp.s. c 14 s 1: "Section 1 of this act applies to sentences imposed on or after July 1, 2013, regardless of the date of offense." [ 2013 2nd sp.s. c 14 s 7.]
Expiration date2013 2nd sp.s. c 14 ss 1 and 5: "Sections 1 and 5 of this act expire July 1, 2018." [ 2013 2nd sp.s. c 14 s 10.]
Intent2002 c 290: "It is the intent of the legislature to increase the use of effective substance abuse treatment for defendants and offenders in Washington in order to make frugal use of state and local resources, thus reducing recidivism and increasing the likelihood that defendants and offenders will become productive and law-abiding persons. The legislature recognizes that substance abuse treatment can be effective if it is well planned and involves adequate monitoring, and that substance abuse and addiction is a public safety and public health issue that must be more effectively addressed if recidivism is to be reduced. The legislature intends that sentences for drug offenses accurately reflect the adverse impact of substance abuse and addiction on public safety, that the public must have protection from violent offenders, and further intends that such sentences be based on policies that are supported by research and public policy goals established by the legislature." [ 2002 c 290 s 1.]
Effective date2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.



Table 4Drug offenses seriousness level.

 
TABLE 4
 
 
DRUG OFFENSES
INCLUDED WITHIN EACH SERIOUSNESS LEVEL
 
III
Any felony offense under chapter 69.50 RCW with a deadly weapon special verdict under RCW 9.94A.825
 
 
Controlled Substance Homicide (RCW 69.50.415)
 
 
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
 
 
Involving a minor in drug dealing (RCW 69.50.4015)
 
 
Manufacture of methamphetamine (RCW 69.50.401(2)(b))
 
 
Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)
 
 
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
 
 
Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (*RCW 69.50.440)
 
 
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
 
II
Create or deliver a counterfeit controlled substance (RCW 69.50.4011(1)(a))
 
 
Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(2)(b))
 
 
Delivery of a material in lieu of a controlled substance (RCW 69.50.4012)
 
 
Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(1)(f))
 
 
Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(2)(b))
 
 
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(2)(a))
 
 
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except cannabis as defined in RCW 69.50.101, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(2) (c) through (e))
 
 
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
 
 
Possess, purchase, deliver, sell, or possess with intent to sell a tableting machine or encapsulating machine (RCW 69.50.418)
 
I
Forged Prescription (RCW 69.41.020)
 
 
Forged Prescription for a Controlled Substance (RCW 69.50.403)
 
 
Manufacture, deliver, or possess with intent to deliver cannabis as defined in RCW 69.50.101 (RCW 69.50.401(2)(c))
 
 
Unlawful Use of Building for Drug Purposes (RCW 69.53.010)
 
[ 2023 c 66 s 2; 2022 c 16 s 5; (2022 c 16 s 4 expired July 1, 2023); 2021 c 311 s 15; 2003 c 53 s 57; 2002 c 290 s 9.]

NOTES:

*Reviser's note: cf. 2002 c 134 s 1.
Short title2023 c 66: See note following RCW 69.50.418.
Effective date2022 c 16 ss 5, 9, 86, and 88: See note following RCW 69.50.4013.
Expiration date2022 c 16 ss 4, 8, 85, and 87: See note following RCW 69.50.4013.
IntentFinding2022 c 16: See note following RCW 69.50.101.
Effective date2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.
IntentEffective date2003 c 53: See notes following RCW 2.48.180.
Effective date2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent2002 c 290: See note following RCW 9.94A.517.



Offense seriousness level.

The offense seriousness level is determined by the offense of conviction.



Offender score. (Effective until January 1, 2026.)

The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:
The offender score is the sum of points accrued under this section rounded down to the nearest whole number.
(1)(a) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.589.
(b) For the purposes of this section, adjudications of guilt pursuant to Title 13 RCW which are not murder in the first or second degree or class A felony sex offenses may not be included in the offender score.
(2)(a) Class A and sex prior felony convictions shall always be included in the offender score.
(b) Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction.
(c) Except as provided in (e) of this subsection, class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction.
(d) Except as provided in (e) of this subsection, serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction.
(e) If the present conviction is felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)), all predicate crimes for the offense as defined by RCW 46.61.5055(14) shall be included in the offender score, and prior convictions for felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)) shall always be included in the offender score. All other convictions of the defendant shall be scored according to this section.
(f) Prior convictions for a repetitive domestic violence offense, as defined in RCW 9.94A.030, shall not be included in the offender score if, since the last date of release from confinement or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction.
(g) This subsection applies to both prior adult convictions and prior juvenile adjudications.
(3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Neither out-of-state or federal convictions which would have been presumptively adjudicated in juvenile court under Washington law may be included in the offender score unless they are comparable to murder in the first or second degree or a class A felony sex offense. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.
(4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.
(5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:
(i) Prior offenses which were found, under RCW 9.94A.589(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.589(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;
(ii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all convictions or adjudications served concurrently as one offense. Use the conviction for the offense that yields the highest offender score.
(b) As used in this subsection (5), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.
(6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense. When these convictions are used as criminal history, score them the same as a completed crime.
(7) If the present conviction is for a nonviolent offense and not covered by subsection (11), (12), or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction which is scorable under subsection (1)(b) of this section.
(8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), (12), or (13) of this section, count two points for each prior adult violent felony conviction and juvenile violent felony conviction which is scorable under subsection (1)(b) of this section, and one point for each prior adult nonviolent felony conviction.
(9) If the present conviction is for a serious violent offense, count three points for prior adult convictions and juvenile convictions which are scorable under subsection (1)(b) of this section for crimes in this category, two points for each prior adult and scorable juvenile violent conviction (not already counted), and one point for each prior adult nonviolent felony conviction.
(10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section; however count two points for each prior Burglary 2 or residential burglary conviction.
(11) If the present conviction is for a felony traffic offense count two points for each prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense count one point for each adult prior conviction and 1/2 point for each juvenile prior conviction which is scorable under subsection (1)(b) of this section; for each serious traffic offense, other than those used for an enhancement pursuant to RCW 46.61.520(2), count one point for each adult prior conviction and 1/2 point for each juvenile prior conviction which is scorable under subsection (1)(b) of this section; count one point for each adult prior conviction for operation of a vessel while under the influence of intoxicating liquor or any drug.
(12) If the present conviction is for homicide by watercraft or assault by watercraft count two points for each adult prior conviction for homicide by watercraft or assault by watercraft; for each felony offense count one point for each adult prior conviction and 1/2 point for each juvenile prior conviction which would be scorable under subsection (1)(b) of this section; count one point for each adult prior conviction for driving under the influence of intoxicating liquor or any drug, actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, or operation of a vessel while under the influence of intoxicating liquor or any drug.
(13) If the present conviction is for manufacture of methamphetamine count three points for each adult prior manufacture of methamphetamine conviction. If the present conviction is for a drug offense and the offender has a criminal history that includes a sex offense or serious violent offense, count three points for each adult prior felony drug offense conviction. All other felonies are scored as in subsection (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.
(14) If the present conviction is for Escape from Community Custody, RCW 72.09.310, count only adult prior escape convictions in the offender score. Count prior escape convictions as one point.
(15) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions which are scorable under subsection (1)(b) of this section as 1/2 point.
(16) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (7) of this section; however, count two points for each prior Burglary 1 conviction, and two points for each prior Burglary 2 or residential burglary conviction.
(17) If the present conviction is for a sex offense, count priors as in subsections (7) through (11) and (13) through (16) of this section; however count three points for each adult prior sex offense conviction and juvenile prior class A felony sex offense adjudication.
(18) If the present conviction is for failure to register as a sex offender under RCW * 9A.44.130 or 9A.44.132, count priors as in subsections (7) through (11) and (13) through (16) of this section; however count three points for each adult prior sex offense conviction and juvenile prior sex offense conviction which is scorable under subsection (1)(b) of this section, excluding adult prior convictions for failure to register as a sex offender under RCW * 9A.44.130 or 9A.44.132, which shall count as one point.
(19) If the present conviction is for an offense committed while the offender was under community custody, add one point. For purposes of this subsection, community custody includes community placement or postrelease supervision, as defined in chapter 9.94B RCW.
(20) If the present conviction is for Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle Without Permission 1, or Taking a Motor Vehicle Without Permission 2, count priors as in subsections (7) through (18) of this section; however count one point for prior convictions of Vehicle Prowling 2, and three points for each adult prior Theft 1 (of a motor vehicle), Theft 2 (of a motor vehicle), Possession of Stolen Property 1 (of a motor vehicle), Possession of Stolen Property 2 (of a motor vehicle), Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle Without Permission 1, or Taking a Motor Vehicle Without Permission 2 conviction.
(21) If the present conviction is for a felony domestic violence offense where domestic violence as defined in RCW 9.94A.030 was pleaded and proven, count priors as in subsections (7) through (20) of this section; however, count points as follows:
(a) Count two points for each adult prior conviction where domestic violence as defined in RCW 9.94A.030 was pleaded and proven after August 1, 2011, for any of the following offenses: A felony violation of a no-contact or protection order (RCW 7.105.450 or former RCW 26.50.110), felony Harassment (RCW 9A.46.020(2)(b)), felony Stalking (RCW 9A.46.110(5)(b)), Burglary 1 (RCW 9A.52.020), Kidnapping 1 (RCW 9A.40.020), Kidnapping 2 (RCW 9A.40.030), Unlawful imprisonment (RCW 9A.40.040), Robbery 1 (RCW 9A.56.200), Robbery 2 (RCW 9A.56.210), Assault 1 (RCW 9A.36.011), Assault 2 (RCW 9A.36.021), Assault 3 (RCW 9A.36.031), Arson 1 (RCW 9A.48.020), or Arson 2 (RCW 9A.48.030);
(b) Count two points for each adult prior conviction where domestic violence as defined in RCW 9.94A.030 was pleaded and proven after July 23, 2017, for any of the following offenses: Assault of a child in the first degree, RCW 9A.36.120; Assault of a child in the second degree, RCW 9A.36.130; Assault of a child in the third degree, RCW 9A.36.140; Criminal Mistreatment in the first degree, RCW 9A.42.020; or Criminal Mistreatment in the second degree, RCW 9A.42.030; and
(c) Count one point for each adult prior conviction for a repetitive domestic violence offense as defined in RCW 9.94A.030, where domestic violence as defined in RCW 9.94A.030, was pleaded and proven after August 1, 2011.
(22) The fact that a prior conviction was not included in an offender's offender score or criminal history at a previous sentencing shall have no bearing on whether it is included in the criminal history or offender score for the current offense. Prior convictions that were not counted in the offender score or included in criminal history under repealed or previous versions of the sentencing reform act shall be included in criminal history and shall count in the offender score if the current version of the sentencing reform act requires including or counting those convictions. Prior convictions that were not included in criminal history or in the offender score shall be included upon any resentencing to ensure imposition of an accurate sentence.

NOTES:

*Reviser's note: 2010 c 267 removed from RCW 9A.44.130 provisions relating to the crime of "failure to register" as a sex offender or kidnapping offender, and placed similar provisions in RCW 9A.44.132.
Intent2023 c 415: "The legislature intends to:
(1) Give real effect to the juvenile justice system's express goals of rehabilitation and reintegration;
(2) Bring Washington in line with the majority of states, which do not consider prior juvenile offenses in sentencing range calculations for adults;
(3) Recognize the expansive body of scientific research on brain development, which shows that adolescent's perception, judgment, and decision making differs significantly from that of adults;
(4) Facilitate the provision of due process by granting the procedural protections of a criminal proceeding in any adjudication which may be used to determine the severity of a criminal sentence; and
(5) Recognize how grave disproportionality within the juvenile legal system may subsequently impact sentencing ranges in adult court." [ 2023 c 415 s 1.]
Effective date2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Intent2010 c 274: See note following RCW 10.31.100.
Intent2008 c 231 ss 2-4: See note following RCW 9.94A.500.
Application2008 c 231 ss 2 and 3: See note following RCW 9.94A.500.
Severability2008 c 231: See note following RCW 9.94A.500.
FindingsIntentShort title2007 c 199: See notes following RCW 9A.56.065.
Effective date2007 c 116: "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 July 1, 2007." [ 2007 c 116 s 2.]
Effective date2006 c 73: See note following RCW 46.61.502.
Effective date2002 c 290 ss 2 and 3: See note following RCW 9.94A.515.
Intent2002 c 290: See note following RCW 9.94A.517.
FindingApplication2002 c 107: See notes following RCW 9.94A.030.
Effective date2001 c 264: See note following RCW 9A.76.110.
Technical correction bill2000 c 28: See note following RCW 9.94A.015.
Effective date1999 c 331: "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 14, 1999]." [ 1999 c 331 s 5.]
Effective date1998 c 211: See note following RCW 46.61.5055.
FindingEvaluationReport1997 c 338: See note following RCW 13.40.0357.
SeverabilityEffective dates1997 c 338: See notes following RCW 5.60.060.
Application1989 c 271 ss 101-111: See note following RCW 9.94A.510.
Severability1989 c 271: See note following RCW 9.94A.510.
Application1988 c 157: See note following RCW 9.94A.030.
Effective dateApplication of increased sanctions1988 c 153: See notes following RCW 9.94A.030.
Severability1986 c 257: See note following RCW 9A.56.010.
Effective date1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates1984 c 209: See note following RCW 9.94A.030.

Offender score. (Effective January 1, 2026.)

The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:
The offender score is the sum of points accrued under this section rounded down to the nearest whole number.
(1)(a) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.589.
(b) For the purposes of this section, adjudications of guilt pursuant to Title 13 RCW which are not murder in the first or second degree or class A felony sex offenses may not be included in the offender score.
(2)(a) Class A and sex prior felony convictions shall always be included in the offender score.
(b) Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent 10 consecutive years in the community without committing any crime that subsequently results in a conviction.
(c) Except as provided in (e) of this subsection, class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction.
(d) Except as provided in (e) of this subsection, serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction.
(e) If the present conviction is felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)), all predicate crimes for the offense as defined by RCW 46.61.5055(14) shall be included in the offender score, and prior convictions for felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)) shall always be included in the offender score. All other convictions of the defendant shall be scored according to this section.
(f) Prior convictions for a repetitive domestic violence offense, as defined in RCW 9.94A.030, shall not be included in the offender score if, since the last date of release from confinement or entry of judgment and sentence, the offender had spent 10 consecutive years in the community without committing any crime that subsequently results in a conviction.
(g) This subsection applies to both prior adult convictions and prior juvenile adjudications.
(3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Neither out-of-state or federal convictions which would have been presumptively adjudicated in juvenile court under Washington law may be included in the offender score unless they are comparable to murder in the first or second degree or a class A felony sex offense. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.
(4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.
(5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:
(i) Prior offenses which were found, under RCW 9.94A.589(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.589(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;
(ii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all convictions or adjudications served concurrently as one offense. Use the conviction for the offense that yields the highest offender score.
(b) As used in this subsection (5), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.
(6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense. When these convictions are used as criminal history, score them the same as a completed crime.
(7) If the present conviction is for a nonviolent offense and not covered by subsection (11), (12), or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction which is scorable under subsection (1)(b) of this section.
(8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), (12), or (13) of this section, count two points for each prior adult violent felony conviction and juvenile violent felony conviction which is scorable under subsection (1)(b) of this section, and one point for each prior adult nonviolent felony conviction.
(9) If the present conviction is for a serious violent offense, count three points for prior adult convictions and juvenile convictions which are scorable under subsection (1)(b) of this section for crimes in this category, two points for each prior adult and scorable juvenile violent conviction (not already counted), and one point for each prior adult nonviolent felony conviction.
(10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section; however count two points for each prior Burglary 2 or residential burglary conviction.
(11) If the present conviction is for a felony traffic offense count two points for each prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense count one point for each adult prior conviction and 1/2 point for each juvenile prior conviction which is scorable under subsection (1)(b) of this section; for each serious traffic offense, other than those used for an enhancement pursuant to RCW 46.61.520(2), count one point for each adult prior conviction and 1/2 point for each juvenile prior conviction which is scorable under subsection (1)(b) of this section; count one point for each adult prior conviction for operation of a vessel while under the influence of intoxicating liquor or any drug; count one point for a deferred prosecution granted under chapter 10.05 RCW for a second or subsequent violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance.
(12) If the present conviction is for homicide by watercraft or assault by watercraft count two points for each adult prior conviction for homicide by watercraft or assault by watercraft; for each felony offense count one point for each adult prior conviction and 1/2 point for each juvenile prior conviction which would be scorable under subsection (1)(b) of this section; count one point for each adult prior conviction for driving under the influence of intoxicating liquor or any drug, actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, or operation of a vessel while under the influence of intoxicating liquor or any drug.
(13) If the present conviction is for manufacture of methamphetamine count three points for each adult prior manufacture of methamphetamine conviction. If the present conviction is for a drug offense and the offender has a criminal history that includes a sex offense or serious violent offense, count three points for each adult prior felony drug offense conviction. All other felonies are scored as in subsection (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.
(14) If the present conviction is for Escape from Community Custody, RCW 72.09.310, count only adult prior escape convictions in the offender score. Count prior escape convictions as one point.
(15) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions which are scorable under subsection (1)(b) of this section as 1/2 point.
(16) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (7) of this section; however, count two points for each prior Burglary 1 conviction, and two points for each prior Burglary 2 or residential burglary conviction.
(17) If the present conviction is for a sex offense, count priors as in subsections (7) through (11) and (13) through (16) of this section; however, count three points for each adult prior sex offense conviction and juvenile prior class A felony sex offense adjudication.
(18) If the present conviction is for failure to register as a sex offender under RCW * 9A.44.130 or 9A.44.132, count priors as in subsections (7) through (11) and (13) through (16) of this section; however, count three points for each adult prior sex offense conviction and juvenile prior sex offense conviction which is scorable under subsection (1)(b) of this section, excluding adult prior convictions for failure to register as a sex offender under RCW * 9A.44.130 or 9A.44.132, which shall count as one point.
(19) If the present conviction is for an offense committed while the offender was under community custody, add one point. For purposes of this subsection, community custody includes community placement or postrelease supervision, as defined in chapter 9.94B RCW.
(20) If the present conviction is for Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle Without Permission 1, or Taking a Motor Vehicle Without Permission 2, count priors as in subsections (7) through (18) of this section; however count one point for prior convictions of Vehicle Prowling 2, and three points for each adult prior Theft 1 (of a motor vehicle), Theft 2 (of a motor vehicle), Possession of Stolen Property 1 (of a motor vehicle), Possession of Stolen Property 2 (of a motor vehicle), Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle Without Permission 1, or Taking a Motor Vehicle Without Permission 2 conviction.
(21) If the present conviction is for a felony domestic violence offense where domestic violence as defined in RCW 9.94A.030 was pleaded and proven, count priors as in subsections (7) through (20) of this section; however, count points as follows:
(a) Count two points for each adult prior conviction where domestic violence as defined in RCW 9.94A.030 was pleaded and proven after August 1, 2011, for any of the following offenses: A felony violation of a no-contact or protection order (RCW 7.105.450 or former RCW 26.50.110), felony Harassment (RCW 9A.46.020(2)(b)), felony Stalking (RCW 9A.46.110(5)(b)), Burglary 1 (RCW 9A.52.020), Kidnapping 1 (RCW 9A.40.020), Kidnapping 2 (RCW 9A.40.030), Unlawful imprisonment (RCW 9A.40.040), Robbery 1 (RCW 9A.56.200), Robbery 2 (RCW 9A.56.210), Assault 1 (RCW 9A.36.011), Assault 2 (RCW 9A.36.021), Assault 3 (RCW 9A.36.031), Arson 1 (RCW 9A.48.020), or Arson 2 (RCW 9A.48.030);
(b) Count two points for each adult prior conviction where domestic violence as defined in RCW 9.94A.030 was pleaded and proven after July 23, 2017, for any of the following offenses: Assault of a child in the first degree, RCW 9A.36.120; Assault of a child in the second degree, RCW 9A.36.130; Assault of a child in the third degree, RCW 9A.36.140; Criminal Mistreatment in the first degree, RCW 9A.42.020; or Criminal Mistreatment in the second degree, RCW 9A.42.030; and
(c) Count one point for each adult prior conviction for a repetitive domestic violence offense as defined in RCW 9.94A.030, where domestic violence as defined in RCW 9.94A.030, was pleaded and proven after August 1, 2011.
(22) The fact that a prior conviction was not included in an offender's offender score or criminal history at a previous sentencing shall have no bearing on whether it is included in the criminal history or offender score for the current offense. Prior convictions that were not counted in the offender score or included in criminal history under repealed or previous versions of the sentencing reform act shall be included in criminal history and shall count in the offender score if the current version of the sentencing reform act requires including or counting those convictions. Prior convictions that were not included in criminal history or in the offender score shall be included upon any resentencing to ensure imposition of an accurate sentence.

NOTES:

*Reviser's note: 2010 c 267 removed from RCW 9A.44.130 provisions relating to the crime of "failure to register" as a sex offender or kidnapping offender, and placed similar provisions in RCW 9A.44.132.
Effective date2024 c 306: See note following RCW 9.94A.661.
Intent2023 c 415: "The legislature intends to:
(1) Give real effect to the juvenile justice system's express goals of rehabilitation and reintegration;
(2) Bring Washington in line with the majority of states, which do not consider prior juvenile offenses in sentencing range calculations for adults;
(3) Recognize the expansive body of scientific research on brain development, which shows that adolescent's perception, judgment, and decision making differs significantly from that of adults;
(4) Facilitate the provision of due process by granting the procedural protections of a criminal proceeding in any adjudication which may be used to determine the severity of a criminal sentence; and
(5) Recognize how grave disproportionality within the juvenile legal system may subsequently impact sentencing ranges in adult court." [ 2023 c 415 s 1.]
Effective date2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Intent2010 c 274: See note following RCW 10.31.100.
Intent2008 c 231 ss 2-4: See note following RCW 9.94A.500.
Application2008 c 231 ss 2 and 3: See note following RCW 9.94A.500.
Severability2008 c 231: See note following RCW 9.94A.500.
FindingsIntentShort title2007 c 199: See notes following RCW 9A.56.065.
Effective date2007 c 116: "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 July 1, 2007." [ 2007 c 116 s 2.]
Effective date2006 c 73: See note following RCW 46.61.502.
Effective date2002 c 290 ss 2 and 3: See note following RCW 9.94A.515.
Intent2002 c 290: See note following RCW 9.94A.517.
FindingApplication2002 c 107: See notes following RCW 9.94A.030.
Effective date2001 c 264: See note following RCW 9A.76.110.
Technical correction bill2000 c 28: See note following RCW 9.94A.015.
Effective date1999 c 331: "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 14, 1999]." [ 1999 c 331 s 5.]
Effective date1998 c 211: See note following RCW 46.61.5055.
FindingEvaluationReport1997 c 338: See note following RCW 13.40.0357.
SeverabilityEffective dates1997 c 338: See notes following RCW 5.60.060.
Application1989 c 271 ss 101-111: See note following RCW 9.94A.510.
Severability1989 c 271: See note following RCW 9.94A.510.
Application1988 c 157: See note following RCW 9.94A.030.
Effective dateApplication of increased sanctions1988 c 153: See notes following RCW 9.94A.030.
Severability1986 c 257: See note following RCW 9A.56.010.
Effective date1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates1984 c 209: See note following RCW 9.94A.030.



Standard sentence range.

(1) The intersection of the column defined by the offender score and the row defined by the offense seriousness score determines the standard sentence range (see RCW 9.94A.510, (Table 1) and RCW 9.94A.517, (Table 3)). The additional time for deadly weapon findings or for other adjustments as specified in RCW 9.94A.533 shall be added to the entire standard sentence range. The court may impose any sentence within the range that it deems appropriate. All standard sentence ranges are expressed in terms of total confinement.
(2) In determining any sentence other than a sentence above the standard range, the trial court may rely on no more information than is admitted by the plea agreement, or admitted, acknowledged, or proved in a trial or at the time of sentencing, or proven pursuant to RCW 9.94A.537. Where the defendant disputes material facts, the court must either not consider the fact or grant an evidentiary hearing on the point. The facts shall be deemed proved at the hearing by a preponderance of the evidence, except as otherwise specified in RCW 9.94A.537. On remand for resentencing following appeal or collateral attack, the parties shall have the opportunity to present and the court to consider all relevant evidence regarding criminal history, including criminal history not previously presented.
(3) In determining any sentence above the standard sentence range, the court shall follow the procedures set forth in RCW 9.94A.537. Facts that establish the elements of a more serious crime or additional crimes may not be used to go outside the standard sentence range except upon stipulation or when specifically provided for in RCW 9.94A.535(3)(d), (e), (g), and (h).

NOTES:

Intent2008 c 231 ss 2-4: See note following RCW 9.94A.500.
Severability2008 c 231: See note following RCW 9.94A.500.
IntentSeverabilityEffective date2005 c 68: See notes following RCW 9.94A.537.
Effective date2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent2002 c 290: See note following RCW 9.94A.517.
Technical correction bill2000 c 28: See note following RCW 9.94A.015.
Severability1986 c 257: See note following RCW 9A.56.010.
Effective date1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates1984 c 209: See note following RCW 9.94A.030.



Adjustments to standard sentences. (Effective until April 1, 2025.)

(1) The provisions of this section apply to the standard sentence ranges determined by RCW 9.94A.510 or 9.94A.517.
(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the standard sentence range is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by seventy-five percent.
(3) The following additional times shall be added to the standard sentence range for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the firearm enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a firearm enhancement. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of t