Sex offender failure to reg.

AN ACT Relating to implementing certain recommendations from the 1
sex offender policy board concerning the criminal offense of failure 2
to register; amending RCW 9A.44.132, 9A.44.140, 9.94A.030, 9.94A.030, 3
9A.44.144, 9.94A.701, 9.94A.701, and 72.09.270; reenacting and 4
amending RCW 9.94A.515; adding a new section to chapter 9A.44 RCW; 5
creating new sections; providing an effective date; and providing an 6
expiration date. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
NEW SECTION. Sec. 1. The legislature finds that addressing and 9
stopping recidivism is of high importance. The legislature further 10
finds that in 2022, the sex offender policy board published a report 11
including several recommendations for retaining but amending the laws 12
concerning the criminal offense of failing to register as a sex 13
offender. In its report, the board identified that the implementation 14
of sex offender registration laws over the past 25 years has had no 15
effect on recidivism and that current practices are not achieving the 16
community protection act's goal of improved public safety. It is the 17
legislature's intent to adopt several of the board's recommendations 18
relating to this offense, each of which obtained unanimous support of 19
the board.20
H-0360.1
HOUSE BILL 1180
State of Washington 69th Legislature 2025 Regular Session
By Representatives Farivar, Goodman, Reed, Obras, Simmons, Ormsby,
and Hill
Prefiled 01/07/25. Read first time 01/13/25. Referred to Committee
on Community Safety.
p. 1 HB 1180
Sec. 2. RCW 9.94A.515 and 2024 c 301 s 29 and 2024 c 55 s 1 are 1
each reenacted and amended to read as follows: 2
3 TABLE 2
4
5
CRIMES INCLUDED WITHIN EACH
SERIOUSNESS LEVEL

6 XVI Aggravated Murder 1 (RCW 10.95.020)
7 XV Homicide by abuse (RCW 9A.32.055)
8
9
Malicious explosion 1 (RCW
70.74.280(1))

10 Murder 1 (RCW 9A.32.030)
11 XIV Murder 2 (RCW 9A.32.050)
12 Trafficking 1 (RCW 9A.40.100(1))
13
14
XIII Malicious explosion 2 (RCW
70.74.280(2))

15
16
Malicious placement of an explosive 1
(RCW 70.74.270(1))

17 XII Assault 1 (RCW 9A.36.011)
18 Assault of a Child 1 (RCW 9A.36.120)
19
20
Malicious placement of an imitation
device 1 (RCW 70.74.272(1)(a))

21
22
Promoting Commercial Sexual Abuse
of a Minor (RCW 9.68A.101)

23 Rape 1 (RCW 9A.44.040)
24 Rape of a Child 1 (RCW 9A.44.073)
25 Trafficking 2 (RCW 9A.40.100(3))
26 XI Manslaughter 1 (RCW 9A.32.060)
27 Rape 2 (RCW 9A.44.050)
28 Rape of a Child 2 (RCW 9A.44.076)
29
30
31
Vehicular Homicide, by being under the
influence of intoxicating liquor or
any drug (RCW 46.61.520)

32
33
34
Vehicular Homicide, by the operation of
any vehicle in a reckless manner
(RCW 46.61.520)

p. 2 HB 1180
1 X Child Molestation 1 (RCW 9A.44.083)
2
3
Criminal Mistreatment 1 (RCW
9A.42.020)

4
5
6
Indecent Liberties (with forcible
compulsion) (RCW
9A.44.100(1)(a))

7 Kidnapping 1 (RCW 9A.40.020)
8
9
Leading Organized Crime (RCW
9A.82.060(1)(a))

10
11
Malicious explosion 3 (RCW
70.74.280(3))

12
13
Sexually Violent Predator Escape (RCW
9A.76.115)

14
15
IX Abandonment of Dependent Person 1
(RCW 9A.42.060)

16 Assault of a Child 2 (RCW 9A.36.130)
17
18
Explosive devices prohibited (RCW
70.74.180)

19
20
Hit and Run—Death (RCW
46.52.020(4)(a))

21
22
23
Homicide by Watercraft, by being under
the influence of intoxicating liquor
or any drug (RCW 79A.60.050)

24
25
Inciting Criminal Profiteering (RCW
9A.82.060(1)(b))

26
27
Malicious placement of an explosive 2
(RCW 70.74.270(2))

28 Robbery 1 (RCW 9A.56.200)
29 Sexual Exploitation (RCW 9.68A.040)
30 VIII Arson 1 (RCW 9A.48.020)
31
32
Commercial Sexual Abuse of a Minor
(RCW 9.68A.100)

33
34
35
Homicide by Watercraft, by the
operation of any vessel in a reckless
manner (RCW 79A.60.050)

p. 3 HB 1180
1 Manslaughter 2 (RCW 9A.32.070)
2
3
Promoting Prostitution 1 (RCW
9A.88.070)

4 Theft of Ammonia (RCW 69.55.010)
5
6
7
VII Air bag diagnostic systems (causing
bodily injury or death) (RCW
46.37.660(2)(b))

8
9
10
Air bag replacement requirements
(causing bodily injury or death)
(RCW 46.37.660(1)(b))

11 Burglary 1 (RCW 9A.52.020)
12 Child Molestation 2 (RCW 9A.44.086)
13
14
Civil Disorder Training (RCW
9A.48.120)

15
16
Custodial Sexual Misconduct 1 (RCW
9A.44.160)

17
18
19
Dealing in depictions of minor engaged
in sexually explicit conduct 1
(RCW 9.68A.050(1))

20 Drive-by Shooting (RCW 9A.36.045)
21
22
False Reporting 1 (RCW
9A.84.040(2)(a))

23
24
25
Homicide by Watercraft, by disregard
for the safety of others (RCW
79A.60.050)

26
27
28
Indecent Liberties (without forcible
compulsion) (RCW 9A.44.100(1)
(b) and (c))

29
30
Introducing Contraband 1 (RCW
9A.76.140)

31
32
Malicious placement of an explosive 3
(RCW 70.74.270(3))

p. 4 HB 1180
1
2
3
4
5
Manufacture or import counterfeit,
nonfunctional, damaged, or
previously deployed air bag
(causing bodily injury or death)
(RCW 46.37.650(1)(b))

6
7
8
Negligently Causing Death By Use of a
Signal Preemption Device (RCW
46.37.675)

9
10
11
12
Sell, install, or reinstall counterfeit,
nonfunctional, damaged, or
previously deployed airbag (RCW
46.37.650(2)(b))

13
14
15
16
Sending, bringing into state depictions
of minor engaged in sexually
explicit conduct 1 (RCW
9.68A.060(1))

17
18
Unlawful Possession of a Firearm in the
first degree (RCW 9.41.040(1))

19
20
21
Use of a Machine Gun or Bump-fire
Stock in Commission of a Felony
(RCW 9.41.225)

22
23
24
Vehicular Homicide, by disregard for
the safety of others (RCW
46.61.520)

25
26
VI Bail Jumping with Murder 1 (RCW
9A.76.170(3)(a))

27 Bribery (RCW 9A.68.010)
28 Incest 1 (RCW 9A.64.020(1))
29 Intimidating a Judge (RCW 9A.72.160)
30
31
Intimidating a Juror/Witness (RCW
9A.72.110, 9A.72.130)

32
33
Malicious placement of an imitation
device 2 (RCW 70.74.272(1)(b))

34
35
36
Possession of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 1 (RCW 9.68A.070(1))

p. 5 HB 1180
1 Rape of a Child 3 (RCW 9A.44.079)
2 Theft of a Firearm (RCW 9A.56.300)
3
4
Theft from a Vulnerable Adult 1 (RCW
9A.56.400(1))

5
6
Unlawful Storage of Ammonia (RCW
69.55.020)

7
8
V Abandonment of Dependent Person 2
(RCW 9A.42.070)

9
10
11
Advancing money or property for
extortionate extension of credit
(RCW 9A.82.030)

12
13
Air bag diagnostic systems (RCW
46.37.660(2)(c))

14
15
Air bag replacement requirements
(RCW 46.37.660(1)(c))

16
17
Bail Jumping with class A Felony
(RCW 9A.76.170(3)(b))

18 Child Molestation 3 (RCW 9A.44.089)
19
20
Criminal Mistreatment 2 (RCW
9A.42.030)

21
22
Custodial Sexual Misconduct 2 (RCW
9A.44.170)

23
24
25
Dealing in Depictions of Minor
Engaged in Sexually Explicit
Conduct 2 (RCW 9.68A.050(2))

26
27
28
29
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)

30 Extortion 1 (RCW 9A.56.120)
31
32
Extortionate Extension of Credit (RCW
9A.82.020)

33
34
35
Extortionate Means to Collect
Extensions of Credit (RCW
9A.82.040)

36 Incest 2 (RCW 9A.64.020(2))
p. 6 HB 1180
1 Kidnapping 2 (RCW 9A.40.030)
2
3
4
5
Manufacture or import counterfeit,
nonfunctional, damaged, or
previously deployed air bag (RCW
46.37.650(1)(c))

6 Perjury 1 (RCW 9A.72.020)
7
8
Persistent prison misbehavior (RCW
9.94.070)

9
10
Possession of a Stolen Firearm (RCW
9A.56.310)

11 Rape 3 (RCW 9A.44.060)
12
13
Rendering Criminal Assistance 1 (RCW
9A.76.070)

14
15
16
17
Sell, install, or reinstall counterfeit,
nonfunctional, damaged, or
previously deployed airbag (RCW
46.37.650(2)(c))

18
19
20
21
Sending, Bringing into State Depictions
of Minor Engaged in Sexually
Explicit Conduct 2 (RCW
9.68A.060(2))

22
23
Sexual Misconduct with a Minor 1
(RCW 9A.44.093)

24
25
Sexually Violating Human Remains
(RCW 9A.44.105)

26 Stalking (RCW 9A.46.110)
27
28
Taking Motor Vehicle Without
Permission 1 (RCW 9A.56.070)

29 IV Arson 2 (RCW 9A.48.030)
30 Assault 2 (RCW 9A.36.021)
31
32
33
Assault 3 (of a Peace Officer with a
Projectile Stun Gun) (RCW
9A.36.031(1)(h))

34
35
Assault 4 (third domestic violence
offense) (RCW 9A.36.041(3))

p. 7 HB 1180
1
2
Assault by Watercraft (RCW
79A.60.060)

3
4
5
Bribing a Witness/Bribe Received by
Witness (RCW 9A.72.090,
9A.72.100)

6 Cheating 1 (RCW 9.46.1961)
7 Commercial Bribery (RCW 9A.68.060)
8 Counterfeiting (RCW 9.16.035(4))
9
10
Driving While Under the Influence
(RCW 46.61.502(6))

11
12
Endangerment with a Controlled
Substance (RCW 9A.42.100)

13 Escape 1 (RCW 9A.76.110)
14 Hate Crime (RCW 9A.36.080)
15
16
Hit and Run—Injury (RCW
46.52.020(4)(b))

17
18
Hit and Run with Vessel—Injury
Accident (RCW 79A.60.200(3))

19 Identity Theft 1 (RCW 9.35.020(2))
20
21
22
Indecent Exposure to Person Under Age
14 (subsequent sex offense) (RCW
9A.88.010)

23
24
Influencing Outcome of Sporting Event
(RCW 9A.82.070)

25
26
27
Physical Control of a Vehicle While
Under the Influence (RCW
46.61.504(6))

28
29
30
Possession of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 2 (RCW 9.68A.070(2))

31 Residential Burglary (RCW 9A.52.025)
32 Robbery 2 (RCW 9A.56.210)
33 Theft of Livestock 1 (RCW 9A.56.080)
34 Threats to Bomb (RCW 9.61.160)
p. 8 HB 1180
1
2
Trafficking in Catalytic Converters 1
(RCW 9A.82.190)

3
4
Trafficking in Stolen Property 1 (RCW
9A.82.050)

5
6
7
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(b))

8
9
10
Unlawful transaction of health coverage
as a health care service contractor
(RCW 48.44.016(3))

11
12
13
Unlawful transaction of health coverage
as a health maintenance
organization (RCW 48.46.033(3))

14
15
Unlawful transaction of insurance
business (RCW 48.15.023(3))

16
17
Unlicensed practice as an insurance
professional (RCW 48.17.063(2))

18
19
20
Use of Proceeds of Criminal
Profiteering (RCW 9A.82.080 (1)
and (2))

21
22
Vehicle Prowling 2 (third or subsequent
offense) (RCW 9A.52.100(3))

23
24
25
26
27
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)

28
29
30
Viewing of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 1 (RCW 9.68A.075(1))

31 III Animal Cruelty 1 (RCW 16.52.205)
32
33
34
35
Assault 3 (Except Assault 3 of a Peace
Officer With a Projectile Stun Gun)
(RCW 9A.36.031 except subsection
(1)(h))

36 Assault of a Child 3 (RCW 9A.36.140)
p. 9 HB 1180
1
2
Bail Jumping with class B or C Felony
(RCW 9A.76.170(3)(c))

3 Burglary 2 (RCW 9A.52.030)
4
5
6
Communication with a Minor for
Immoral Purposes (RCW
9.68A.090)

7
8
Criminal Gang Intimidation (RCW
9A.46.120)

9 Custodial Assault (RCW 9A.36.100)
10
11
Cyber Harassment (RCW
9A.90.120(2)(b))

12 Escape 2 (RCW 9A.76.120)
13 Extortion 2 (RCW 9A.56.130)
14
15
False Reporting 2 (RCW
9A.84.040(2)(b))

16 Harassment (RCW 9A.46.020)
17 Hazing (RCW 28B.10.901(2)(b))
18
19
Intimidating a Public Servant (RCW
9A.76.180)

20
21
Introducing Contraband 2 (RCW
9A.76.150)

22
23
Malicious Injury to Railroad Property
(RCW 81.60.070)

24
25
Manufacture of Untraceable Firearm
with Intent to Sell (RCW 9.41.190)

26
27
28
29
Manufacture or Assembly of an
Undetectable Firearm or
Untraceable Firearm (RCW
9.41.325)

30 Mortgage Fraud (RCW 19.144.080)
31
32
33
34
Negligently Causing Substantial Bodily
Harm By Use of a Signal
Preemption Device (RCW
46.37.674)

p. 10 HB 1180
1
2
Organized Retail Theft 1 (RCW
9A.56.350(2))

3 Perjury 2 (RCW 9A.72.030)
4
5
Possession of Incendiary Device (RCW
9.40.120)

6
7
8
9
Possession of Machine Gun, Bump-Fire
Stock, Undetectable Firearm, or
Short-Barreled Shotgun or Rifle
(RCW 9.41.190)

10
11
Promoting Prostitution 2 (RCW
9A.88.080)

12
13
Retail Theft with Special Circumstances
1 (RCW 9A.56.360(2))

14
15
Securities Act violation (RCW
21.20.400)

16
17
Tampering with a Witness (RCW
9A.72.120)

18
19
20
Telephone Harassment (subsequent
conviction or threat of death)
(RCW 9.61.230(2))

21 Theft of Livestock 2 (RCW 9A.56.083)
22
23
Theft with the Intent to Resell 1 (RCW
9A.56.340(2))

24
25
Trafficking in Catalytic Converters 2
(RCW 9A.82.200)

26
27
Trafficking in Stolen Property 2 (RCW
9A.82.055)

28
29
Unlawful Hunting of Big Game 1
(RCW 77.15.410(3)(b))

30
31
Unlawful Imprisonment (RCW
9A.40.040)

32
33
Unlawful Misbranding of Fish or
Shellfish 1 (RCW 77.140.060(3))

34
35
Unlawful possession of firearm in the
second degree (RCW 9.41.040(2))

p. 11 HB 1180
1
2
Unlawful Taking of Endangered Fish or
Wildlife 1 (RCW 77.15.120(3)(b))

3
4
5
Unlawful Trafficking in Fish, Shellfish,
or Wildlife 1 (RCW
77.15.260(3)(b))

6
7
Unlawful Use of a Nondesignated
Vessel (RCW 77.15.530(4))

8
9
10
11
Vehicular Assault, by the operation or
driving of a vehicle with disregard
for the safety of others (RCW
46.61.522)

12
13
II Commercial Fishing Without a License
1 (RCW 77.15.500(3)(b))

14 Computer Trespass 1 (RCW 9A.90.040)
15 Counterfeiting (RCW 9.16.035(3))
16
17
Electronic Data Service Interference
(RCW 9A.90.060)

18
19
Electronic Data Tampering 1 (RCW
9A.90.080)

20
21
Electronic Data Theft (RCW
9A.90.100)

22
23
Engaging in Fish Dealing Activity
Unlicensed 1 (RCW 77.15.620(3))

24
25
Escape from Community Custody
(RCW 72.09.310)

26
27
28
29
((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)))

30
31
Health Care False Claims (RCW
48.80.030)

32 Identity Theft 2 (RCW 9.35.020(3))
33
34
Improperly Obtaining Financial
Information (RCW 9.35.010)

35 Malicious Mischief 1 (RCW 9A.48.070)
p. 12 HB 1180
1
2
Organized Retail Theft 2 (RCW
9A.56.350(3))

3
4
Possession of Stolen Property 1 (RCW
9A.56.150)

5
6
Possession of a Stolen Vehicle (RCW
9A.56.068)

7
8
9
Possession, sale, or offering for sale of
seven or more unmarked catalytic
converters (RCW 9A.82.180(5))

10
11
Retail Theft with Special Circumstances
2 (RCW 9A.56.360(3))

12
13
14
15
Scrap Processing, Recycling, or
Supplying Without a License
(second or subsequent offense)
(RCW 19.290.100)

16 Theft 1 (RCW 9A.56.030)
17
18
Theft of a Motor Vehicle (RCW
9A.56.065)

19
20
21
22
Theft of Rental, Leased, Lease-
purchased, or Loaned Property
(valued at $5,000 or more) (RCW
9A.56.096(5)(a))

23
24
Theft with the Intent to Resell 2 (RCW
9A.56.340(3))

25
26
Trafficking in Insurance Claims (RCW
48.30A.015)

27
28
29
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(a))

30
31
32
Unlawful Participation of Non-Indians
in Indian Fishery (RCW
77.15.570(2))

33
34
Unlawful Practice of Law (RCW
2.48.180)

35
36
Unlawful Purchase or Use of a License
(RCW 77.15.650(3)(b))

p. 13 HB 1180
1
2
3
Unlawful Trafficking in Fish, Shellfish,
or Wildlife 2 (RCW
77.15.260(3)(a))

4
5
Unlicensed Practice of a Profession or
Business (RCW 18.130.190(7))

6 V oyeurism 1 (RCW 9A.44.115)
7
8
I Attempting to Elude a Pursuing Police
Vehicle (RCW 46.61.024)

9
10
False Verification for Welfare (RCW
74.08.055)

11 Forgery (RCW 9A.60.020)
12
13
14
Fraudulent Creation or Revocation of a
Mental Health Advance Directive
(RCW 9A.60.060)

15 Malicious Mischief 2 (RCW 9A.48.080)
16 Mineral Trespass (RCW 78.44.330)
17
18
Possession of Stolen Property 2 (RCW
9A.56.160)

19 Reckless Burning 1 (RCW 9A.48.040)
20
21
Spotlighting Big Game 1 (RCW
77.15.450(3)(b))

22
23
Suspension of Department Privileges 1
(RCW 77.15.670(3)(b))

24
25
Taking Motor Vehicle Without
Permission 2 (RCW 9A.56.075)

26 Theft 2 (RCW 9A.56.040)
27
28
Theft from a Vulnerable Adult 2 (RCW
9A.56.400(2))

29
30
31
32
33
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))

34
35
36
Transaction of insurance business
beyond the scope of licensure
(RCW 48.17.063)

p. 14 HB 1180
1
2
Unlawful Fish and Shellfish Catch
Accounting (RCW 77.15.630(3)(b))

3
4
Unlawful Issuance of Checks or Drafts
(RCW 9A.56.060)

5
6
Unlawful Possession of Fictitious
Identification (RCW 9A.56.320)

7
8
Unlawful Possession of Instruments of
Financial Fraud (RCW 9A.56.320)

9
10
Unlawful Possession of Payment
Instruments (RCW 9A.56.320)

11
12
13
Unlawful Possession of a Personal
Identification Device (RCW
9A.56.320)

14
15
Unlawful Production of Payment
Instruments (RCW 9A.56.320)

16
17
18
19
Unlawful Releasing, Planting,
Possessing, or Placing Deleterious
Exotic Wildlife (RCW
77.15.250(2)(b))

20
21
Unlawful Trafficking in Food Stamps
(RCW 9.91.142)

22
23
Unlawful Use of Food Stamps (RCW
9.91.144)

24
25
Unlawful Use of Net to Take Fish 1
(RCW 77.15.580(3)(b))

26 Vehicle Prowl 1 (RCW 9A.52.095)
27
28
Violating Commercial Fishing Area or
Time 1 (RCW 77.15.550(3)(b))

Sec. 3. RCW 9A.44.132 and 2023 c 150 s 6 are each amended to 29
read as follows: 30
(1) A person commits the crime of failure to register as a sex 31
offender if the person has a duty to register under RCW 9A.44.130 for 32
a felony sex offense and knowingly fails to comply with any of the 33
requirements of RCW 9A.44.130. 34
p. 15 HB 1180
(a) The failure to register as a sex offender pursuant to this 1
subsection is a class C felony if the person has a duty to register 2
under RCW 9A.44.130(1)(a) ((and:3
(i) It is the person's first conviction for a felony failure to 4
register; or5
(ii) The person has previously been convicted of a felony failure 6
to register as a sex offender in this state or pursuant to the laws 7
of another state, or pursuant to federal law.8
(b) If a person has a duty to register under RCW 9A.44.130(1)(a) 9
and has been convicted of a felony failure to register as a sex 10
offender in this state or pursuant to the laws of another state, or 11
pursuant to federal law, on two or more prior occasions, the failure 12
to register under this subsection is a class B felony)).13
(((c))) (b) The failure to register as a sex offender is a gross 14
misdemeanor if the person has a duty to register under RCW 15
9A.44.130(1)(b). 16
(2) A person is guilty of failure to register as a sex offender 17
if the person has a duty to register under RCW 9A.44.130 for a sex 18
offense other than a felony and knowingly fails to comply with any of 19
the requirements of RCW 9A.44.130. The failure to register as a sex 20
offender under this subsection is a gross misdemeanor.21
(3) A person commits the crime of failure to register as a 22
kidnapping offender if the person has a duty to register under RCW 23
9A.44.130 for a kidnapping offense and knowingly fails to comply with 24
any of the requirements of RCW 9A.44.130. 25
(a) If the person has a duty to register for a felony kidnapping 26
offense, the failure to register as a kidnapping offender is a class 27
C felony. 28
(b) If the person has a duty to register for a kidnapping offense 29
other than a felony, the failure to register as a kidnapping offender 30
is a gross misdemeanor. 31
(4) Unless relieved of the duty to register pursuant to RCW 32
9A.44.141 and 9A.44.142, a violation of this section is an ongoing 33
offense for purposes of the statute of limitations under RCW 34
9A.04.080. 35
(5) The prosecutor is encouraged to take a diversionary approach 36
when receiving first time referrals under this section.37
Sec. 4. RCW 9A.44.140 and 2023 c 150 s 7 are each amended to 38
read as follows: 39
p. 16 HB 1180
The duty to register under RCW 9A.44.130 shall continue for the 1
duration provided in this section. 2
(1) For an adult convicted in this state of a class A felony, or 3
an adult convicted of any sex offense or kidnapping offense who has 4
one or more prior convictions requiring registration under RCW 5
9A.44.130 for a sex offense or kidnapping offense, the duty to 6
register shall continue indefinitely. 7
(2) For an adult convicted in this state of a class B felony who 8
does not have one or more prior convictions for a sex offense or 9
kidnapping offense, the duty to register shall end ((fifteen)) 15 10
years after the last date of release from confinement, if any, 11
(including full-time residential treatment) pursuant to the 12
conviction, or entry of the judgment and sentence, if the adult has 13
spent ((fifteen)) 15 consecutive years in the community without being 14
convicted of a disqualifying offense during that time period.15
(3) For an adult convicted in this state of a class C felony, a 16
violation of RCW 9.68A.090 or 9A.44.096, or an attempt, solicitation, 17
or conspiracy to commit a class C felony, and the adult does not have 18
one or more prior convictions for a sex offense or kidnapping 19
offense, the duty to register shall end ((ten)) 10 years after the 20
last date of release from confinement, if any, (including full-time 21
residential treatment) pursuant to the conviction, or entry of the 22
judgment and sentence, if the adult has spent ((ten)) 10 consecutive 23
years in the community without being convicted of a disqualifying 24
offense during that time period. 25
(4)(a) For a person required to register under RCW 26
9A.44.130(1)(b), the duty to register will end three years after the 27
last date of release from confinement, including full-time 28
residential treatment, if any, or entry of disposition if the person 29
is required to register for a class A offense committed at age 15, 30
16, or 17. 31
(b) For a person required to register under RCW 9A.44.130(1)(b) 32
who does not meet the description provided in ((subsection (4)(a) of 33
this section [ (a) of this subsection] )) (a) of this subsection , the 34
duty to register will end two years after the last date of release 35
from confinement, including full-time residential treatment, if any, 36
or entry of disposition. 37
(5) Except as provided in RCW 9A.44.142, for a person required to 38
register for a federal, tribal, or out-of-state conviction, the duty 39
to register shall continue indefinitely. 40
p. 17 HB 1180
(6) For a person who is or has been determined to be a sexually 1
violent predator pursuant to chapter 71.09 RCW, the duty to register 2
shall continue for the person's lifetime. 3
(7) Nothing in this section prevents a person from being relieved 4
of the duty to register under RCW 9A.44.142, 9A.44.143, and 5
13.40.162. 6
(8) Nothing in RCW 9.94A.637 relating to discharge of an offender 7
shall be construed as operating to relieve the offender of his or her 8
duty to register pursuant to RCW 9A.44.130. 9
(9) For purposes of determining whether a person has been 10
convicted of more than one sex offense, failure to register as a sex 11
offender or kidnapping offender is not a sex or kidnapping offense.12
(10) The provisions of this section and RCW 9A.44.141 through 13
9A.44.143 apply equally to a person who has been found not guilty by 14
reason of insanity under chapter 10.77 RCW of a sex offense or 15
kidnapping offense. 16
Sec. 5. RCW 9.94A.030 and 2022 c 231 s 11 are each amended to 17
read as follows: 18
Unless the context clearly requires otherwise, the definitions in 19
this section apply throughout this chapter. 20
(1) "Board" means the indeterminate sentence review board created 21
under chapter 9.95 RCW. 22
(2) "Collect," or any derivative thereof, "collect and remit," or 23
"collect and deliver," when used with reference to the department, 24
means that the department, either directly or through a collection 25
agreement authorized by RCW 9.94A.760, is responsible for monitoring 26
and enforcing the offender's sentence with regard to the legal 27
financial obligation, receiving payment thereof from the offender, 28
and, consistent with current law, delivering daily the entire payment 29
to the superior court clerk without depositing it in a departmental 30
account. 31
(3) "Commission" means the sentencing guidelines commission.32
(4) "Community corrections officer" means an employee of the 33
department who is responsible for carrying out specific duties in 34
supervision of sentenced offenders and monitoring of sentence 35
conditions. 36
(5) "Community custody" means that portion of an offender's 37
sentence of confinement in lieu of earned release time or imposed as 38
part of a sentence under this chapter and served in the community 39
p. 18 HB 1180
subject to controls placed on the offender's movement and activities 1
by the department. 2
(6) "Community protection zone" means the area within 880 feet of 3
the facilities and grounds of a public or private school.4
(7) "Community restitution" means compulsory service, without 5
compensation, performed for the benefit of the community by the 6
offender. 7
(8) "Confinement" means total or partial confinement.8
(9) "Conviction" means an adjudication of guilt pursuant to Title 9
10 or 13 RCW and includes a verdict of guilty, a finding of guilty, 10
and acceptance of a plea of guilty. 11
(10) "Crime-related prohibition" means an order of a court 12
prohibiting conduct that directly relates to the circumstances of the 13
crime for which the offender has been convicted, and shall not be 14
construed to mean orders directing an offender affirmatively to 15
participate in rehabilitative programs or to otherwise perform 16
affirmative conduct. However, affirmative acts necessary to monitor 17
compliance with the order of a court may be required by the 18
department. 19
(11) "Criminal history" means the list of a defendant's prior 20
convictions and juvenile adjudications, whether in this state, in 21
federal court, or elsewhere, and any issued certificates of 22
restoration of opportunity pursuant to RCW 9.97.020.23
(a) The history shall include, where known, for each conviction 24
(i) whether the defendant has been placed on probation and the length 25
and terms thereof; and (ii) whether the defendant has been 26
incarcerated and the length of incarceration. 27
(b) A conviction may be removed from a defendant's criminal 28
history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 29
9.95.240, or a similar out-of-state statute, or if the conviction has 30
been vacated pursuant to a governor's pardon. However, when a 31
defendant is charged with a recidivist offense, "criminal history" 32
includes a vacated prior conviction for the sole purpose of 33
establishing that such vacated prior conviction constitutes an 34
element of the present recidivist offense as provided in RCW 35
9.94A.640(4)(b) and 9.96.060(((7))) (8)(c). 36
(c) The determination of a defendant's criminal history is 37
distinct from the determination of an offender score. A prior 38
conviction that was not included in an offender score calculated 39
p. 19 HB 1180
pursuant to a former version of the sentencing reform act remains 1
part of the defendant's criminal history. 2
(12) "Criminal street gang" means any ongoing organization, 3
association, or group of three or more persons, whether formal or 4
informal, having a common name or common identifying sign or symbol, 5
having as one of its primary activities the commission of criminal 6
acts, and whose members or associates individually or collectively 7
engage in or have engaged in a pattern of criminal street gang 8
activity. This definition does not apply to employees engaged in 9
concerted activities for their mutual aid and protection, or to the 10
activities of labor and bona fide nonprofit organizations or their 11
members or agents. 12
(13) "Criminal street gang associate or member" means any person 13
who actively participates in any criminal street gang and who 14
intentionally promotes, furthers, or assists in any criminal act by 15
the criminal street gang. 16
(14) "Criminal street gang-related offense" means any felony or 17
misdemeanor offense, whether in this state or elsewhere, that is 18
committed for the benefit of, at the direction of, or in association 19
with any criminal street gang, or is committed with the intent to 20
promote, further, or assist in any criminal conduct by the gang, or 21
is committed for one or more of the following reasons:22
(a) To gain admission, prestige, or promotion within the gang;23
(b) To increase or maintain the gang's size, membership, 24
prestige, dominance, or control in any geographical area;25
(c) To exact revenge or retribution for the gang or any member of 26
the gang; 27
(d) To obstruct justice, or intimidate or eliminate any witness 28
against the gang or any member of the gang; 29
(e) To directly or indirectly cause any benefit, aggrandizement, 30
gain, profit, or other advantage for the gang, its reputation, 31
influence, or membership; or 32
(f) To provide the gang with any advantage in, or any control or 33
dominance over any criminal market sector, including, but not limited 34
to, manufacturing, delivering, or selling any controlled substance 35
(chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen 36
property ( chapter 9A.82 RCW); promoting prostitution ( chapter 9A.88 37
RCW); human trafficking (RCW 9A.40.100); promoting commercial sexual 38
abuse of a minor (RCW 9.68A.101); or promoting pornography ( chapter 39
9.68 RCW). 40
p. 20 HB 1180
(15) "Day fine" means a fine imposed by the sentencing court that 1
equals the difference between the offender's net daily income and the 2
reasonable obligations that the offender has for the support of the 3
offender and any dependents. 4
(16) "Day reporting" means a program of enhanced supervision 5
designed to monitor the offender's daily activities and compliance 6
with sentence conditions, and in which the offender is required to 7
report daily to a specific location designated by the department or 8
the sentencing court. 9
(17) "Department" means the department of corrections.10
(18) "Determinate sentence" means a sentence that states with 11
exactitude the number of actual years, months, or days of total 12
confinement, of partial confinement, of community custody, the number 13
of actual hours or days of community restitution work, or dollars or 14
terms of a legal financial obligation. The fact that an offender 15
through earned release can reduce the actual period of confinement 16
shall not affect the classification of the sentence as a determinate 17
sentence. 18
(19) "Disposable earnings" means that part of the earnings of an 19
offender remaining after the deduction from those earnings of any 20
amount required by law to be withheld. For the purposes of this 21
definition, "earnings" means compensation paid or payable for 22
personal services, whether denominated as wages, salary, commission, 23
bonuses, or otherwise, and, notwithstanding any other provision of 24
law making the payments exempt from garnishment, attachment, or other 25
process to satisfy a court-ordered legal financial obligation, 26
specifically includes periodic payments pursuant to pension or 27
retirement programs, or insurance policies of any type, but does not 28
include payments made under Title 50 RCW, except as provided in RCW 29
50.40.020 and 50.40.050, or Title 74 RCW. 30
(20)(a) "Domestic violence" has the same meaning as defined in 31
RCW 10.99.020. 32
(b) "Domestic violence" also means: (i) Physical harm, bodily 33
injury, assault, or the infliction of fear of imminent physical harm, 34
bodily injury, or assault, sexual assault, or stalking, as defined in 35
RCW 9A.46.110, of one intimate partner by another intimate partner as 36
defined in RCW 10.99.020; or (ii) physical harm, bodily injury, 37
assault, or the infliction of fear of imminent physical harm, bodily 38
injury, or assault, sexual assault, or stalking, as defined in RCW 39
p. 21 HB 1180
9A.46.110, of one family or household member by another family or 1
household member as defined in RCW 10.99.020. 2
(21) "Drug offender sentencing alternative" is a sentencing 3
option available to persons convicted of a felony offense who are 4
eligible for the option under RCW 9.94A.660. 5
(22) "Drug offense" means: 6
(a) Any felony violation of chapter 69.50 RCW except possession 7
of a controlled substance (RCW 69.50.4013) or forged prescription for 8
a controlled substance (RCW 69.50.403); 9
(b) Any offense defined as a felony under federal law that 10
relates to the possession, manufacture, distribution, or 11
transportation of a controlled substance; or 12
(c) Any out-of-state conviction for an offense that under the 13
laws of this state would be a felony classified as a drug offense 14
under (a) of this subsection. 15
(23) "Earned release" means earned release from confinement as 16
provided in RCW 9.94A.728. 17
(24) "Electronic monitoring" means tracking the location of an 18
individual through the use of technology that is capable of 19
determining or identifying the monitored individual's presence or 20
absence at a particular location including, but not limited to:21
(a) Radio frequency signaling technology, which detects if the 22
monitored individual is or is not at an approved location and 23
notifies the monitoring agency of the time that the monitored 24
individual either leaves the approved location or tampers with or 25
removes the monitoring device; or 26
(b) Active or passive global positioning system technology, which 27
detects the location of the monitored individual and notifies the 28
monitoring agency of the monitored individual's location and which 29
may also include electronic monitoring with victim notification 30
technology that is capable of notifying a victim or protected party, 31
either directly or through a monitoring agency, if the monitored 32
individual enters within the restricted distance of a victim or 33
protected party, or within the restricted distance of a designated 34
location. 35
(25) "Escape" means: 36
(a) Sexually violent predator escape (RCW 9A.76.115), escape in 37
the first degree (RCW 9A.76.110), escape in the second degree (RCW 38
9A.76.120), willful failure to return from furlough (RCW 72.66.060), 39
willful failure to return from work release (RCW 72.65.070), or 40
p. 22 HB 1180
willful failure to be available for supervision by the department 1
while in community custody (RCW 72.09.310); or 2
(b) Any federal or out-of-state conviction for an offense that 3
under the laws of this state would be a felony classified as an 4
escape under (a) of this subsection. 5
(26) "Felony traffic offense" means: 6
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 7
46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-8
run injury-accident (RCW 46.52.020(4)), felony driving while under 9
the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), 10
or felony physical control of a vehicle while under the influence of 11
intoxicating liquor or any drug (RCW 46.61.504(6)); or12
(b) Any federal or out-of-state conviction for an offense that 13
under the laws of this state would be a felony classified as a felony 14
traffic offense under (a) of this subsection. 15
(27) "Fine" means a specific sum of money ordered by the 16
sentencing court to be paid by the offender to the court over a 17
specific period of time. 18
(28) "First-time offender" means any person who has no prior 19
convictions for a felony and is eligible for the first-time offender 20
waiver under RCW 9.94A.650. 21
(29) "Home detention" is a subset of electronic monitoring and 22
means a program of partial confinement available to offenders wherein 23
the offender is confined in a private residence 24 hours a day, 24
unless an absence from the residence is approved, authorized, or 25
otherwise permitted in the order by the court or other supervising 26
agency that ordered home detention, and the offender is subject to 27
electronic monitoring. 28
(30) "Homelessness" or "homeless" means a condition where an 29
individual lacks a fixed, regular, and adequate nighttime residence 30
and who has a primary nighttime residence that is:31
(a) A supervised, publicly or privately operated shelter designed 32
to provide temporary living accommodations; 33
(b) A public or private place not designed for, or ordinarily 34
used as, a regular sleeping accommodation for human beings; or35
(c) A private residence where the individual stays as a transient 36
invitee. 37
(31) "Legal financial obligation" means a sum of money that is 38
ordered by a superior court of the state of Washington for legal 39
financial obligations which may include restitution to the victim, 40
p. 23 HB 1180
statutorily imposed crime victims' compensation fees as assessed 1
pursuant to RCW 7.68.035, court costs, county or interlocal drug 2
funds, court-appointed attorneys' fees, and costs of defense, fines, 3
and any other financial obligation that is assessed to the offender 4
as a result of a felony conviction. Upon conviction for vehicular 5
assault while under the influence of intoxicating liquor or any drug, 6
RCW 46.61.522(1)(b), or vehicular homicide while under the influence 7
of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal 8
financial obligations may also include payment to a public agency of 9
the expense of an emergency response to the incident resulting in the 10
conviction, subject to RCW 38.52.430. 11
(32) "Most serious offense" means any of the following felonies 12
or a felony attempt to commit any of the following felonies:13
(a) Any felony defined under any law as a class A felony or 14
criminal solicitation of or criminal conspiracy to commit a class A 15
felony; 16
(b) Assault in the second degree; 17
(c) Assault of a child in the second degree; 18
(d) Child molestation in the second degree; 19
(e) Controlled substance homicide; 20
(f) Extortion in the first degree; 21
(g) Incest when committed against a child under age 14;22
(h) Indecent liberties; 23
(i) Kidnapping in the second degree; 24
(j) Leading organized crime; 25
(k) Manslaughter in the first degree; 26
(l) Manslaughter in the second degree; 27
(m) Promoting prostitution in the first degree;28
(n) Rape in the third degree; 29
(o) Sexual exploitation; 30
(p) Vehicular assault, when caused by the operation or driving of 31
a vehicle by a person while under the influence of intoxicating 32
liquor or any drug or by the operation or driving of a vehicle in a 33
reckless manner; 34
(q) Vehicular homicide, when proximately caused by the driving of 35
any vehicle by any person while under the influence of intoxicating 36
liquor or any drug as defined by RCW 46.61.502, or by the operation 37
of any vehicle in a reckless manner; 38
(r) Any other class B felony offense with a finding of sexual 39
motivation; 40
p. 24 HB 1180
(s) Any other felony with a deadly weapon verdict under RCW 1
9.94A.825; 2
(t) Any felony offense in effect at any time prior to December 2, 3
1993, that is comparable to a most serious offense under this 4
subsection, or any federal or out-of-state conviction for an offense 5
that under the laws of this state would be a felony classified as a 6
most serious offense under this subsection; 7
(u)(i) A prior conviction for indecent liberties under RCW 8
9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. 9
sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), 10
and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 11
9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, 12
until July 1, 1988; 13
(ii) A prior conviction for indecent liberties under RCW 14
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, 15
if: (A) The crime was committed against a child under the age of 14; 16
or (B) the relationship between the victim and perpetrator is 17
included in the definition of indecent liberties under RCW 18
9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 19
1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 20
1993, through July 27, 1997; 21
(v) Any out-of-state conviction for a felony offense with a 22
finding of sexual motivation if the minimum sentence imposed was 10 23
years or more; provided that the out-of-state felony offense must be 24
comparable to a felony offense under this title and Title 9A RCW and 25
the out-of-state definition of sexual motivation must be comparable 26
to the definition of sexual motivation contained in this section.27
(33) "Nonviolent offense" means an offense which is not a violent 28
offense. 29
(34) "Offender" means a person who has committed a felony 30
established by state law and is 18 years of age or older or is less 31
than 18 years of age but whose case is under superior court 32
jurisdiction under RCW 13.04.030 or has been transferred by the 33
appropriate juvenile court to a criminal court pursuant to RCW 34
13.40.110. In addition, for the purpose of community custody 35
requirements under this chapter, "offender" also means a misdemeanant 36
or gross misdemeanant probationer ordered by a superior court to 37
probation pursuant to RCW 9.92.060, 9.95.204, or 9.95.210 and 38
supervised by the department pursuant to RCW 9.94A.501 and 39
p. 25 HB 1180
9.94A.5011. Throughout this chapter, the terms "offender" and 1
"defendant" are used interchangeably. 2
(35) "Partial confinement" means confinement for no more than one 3
year in a facility or institution operated or utilized under contract 4
by the state or any other unit of government, or, if home detention, 5
electronic monitoring, or work crew has been ordered by the court or 6
home detention has been ordered by the department as part of the 7
parenting program or the graduated reentry program, in an approved 8
residence, for a substantial portion of each day with the balance of 9
the day spent in the community. Partial confinement includes work 10
release, home detention, work crew, electronic monitoring, and a 11
combination of work crew, electronic monitoring, and home detention.12
(36) "Pattern of criminal street gang activity" means:13
(a) The commission, attempt, conspiracy, or solicitation of, or 14
any prior juvenile adjudication of or adult conviction of, two or 15
more of the following criminal street gang-related offenses:16
(i) Any "serious violent" felony offense as defined in this 17
section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a 18
Child 1 (RCW 9A.36.120); 19
(ii) Any "violent" offense as defined by this section, excluding 20
Assault of a Child 2 (RCW 9A.36.130); 21
(iii) Deliver or Possession with Intent to Deliver a Controlled 22
Substance (chapter 69.50 RCW); 23
(iv) Any violation of the firearms and dangerous weapon act 24
(chapter 9.41 RCW); 25
(v) Theft of a Firearm (RCW 9A.56.300); 26
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);27
(vii) Hate Crime (RCW 9A.36.080); 28
(viii) Harassment where a subsequent violation or deadly threat 29
is made (RCW 9A.46.020(2)(b)); 30
(ix) Criminal Gang Intimidation (RCW 9A.46.120);31
(x) Any felony conviction by a person 18 years of age or older 32
with a special finding of involving a juvenile in a felony offense 33
under RCW 9.94A.833; 34
(xi) Residential Burglary (RCW 9A.52.025); 35
(xii) Burglary 2 (RCW 9A.52.030); 36
(xiii) Malicious Mischief 1 (RCW 9A.48.070); 37
(xiv) Malicious Mischief 2 (RCW 9A.48.080); 38
(xv) Theft of a Motor Vehicle (RCW 9A.56.065);39
(xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068);40
p. 26 HB 1180
(xvii) Taking a Motor Vehicle Without Permission 1 (RCW 1
9A.56.070); 2
(xviii) Taking a Motor Vehicle Without Permission 2 (RCW 3
9A.56.075); 4
(xix) Extortion 1 (RCW 9A.56.120); 5
(xx) Extortion 2 (RCW 9A.56.130); 6
(xxi) Intimidating a Witness (RCW 9A.72.110); 7
(xxii) Tampering with a Witness (RCW 9A.72.120);8
(xxiii) Reckless Endangerment (RCW 9A.36.050); 9
(xxiv) Coercion (RCW 9A.36.070); 10
(xxv) Harassment (RCW 9A.46.020); or 11
(xxvi) Malicious Mischief 3 (RCW 9A.48.090); 12
(b) That at least one of the offenses listed in (a) of this 13
subsection shall have occurred after July 1, 2008;14
(c) That the most recent committed offense listed in (a) of this 15
subsection occurred within three years of a prior offense listed in 16
(a) of this subsection; and 17
(d) Of the offenses that were committed in (a) of this 18
subsection, the offenses occurred on separate occasions or were 19
committed by two or more persons. 20
(37) "Persistent offender" is an offender who:21
(a)(i) Has been convicted in this state of any felony considered 22
a most serious offense; and 23
(ii) Has, before the commission of the offense under (a) of this 24
subsection, been convicted as an offender on at least two separate 25
occasions, whether in this state or elsewhere, of felonies that under 26
the laws of this state would be considered most serious offenses and 27
would be included in the offender score under RCW 9.94A.525; provided 28
that of the two or more previous convictions, at least one conviction 29
must have occurred before the commission of any of the other most 30
serious offenses for which the offender was previously convicted; or31
(b)(i) Has been convicted of: (A) Rape in the first degree, rape 32
of a child in the first degree, child molestation in the first 33
degree, rape in the second degree, rape of a child in the second 34
degree, or indecent liberties by forcible compulsion; (B) any of the 35
following offenses with a finding of sexual motivation: Murder in the 36
first degree, murder in the second degree, homicide by abuse, 37
kidnapping in the first degree, kidnapping in the second degree, 38
assault in the first degree, assault in the second degree, assault of 39
a child in the first degree, assault of a child in the second degree, 40
p. 27 HB 1180
or burglary in the first degree; or (C) an attempt to commit any 1
crime listed in this subsection (37)(b)(i); and 2
(ii) Has, before the commission of the offense under (b)(i) of 3
this subsection, been convicted as an offender on at least one 4
occasion, whether in this state or elsewhere, of an offense listed in 5
(b)(i) of this subsection or any federal or out-of-state offense or 6
offense under prior Washington law that is comparable to the offenses 7
listed in (b)(i) of this subsection. A conviction for rape of a child 8
in the first degree constitutes a conviction under (b)(i) of this 9
subsection only when the offender was 16 years of age or older when 10
the offender committed the offense. A conviction for rape of a child 11
in the second degree constitutes a conviction under (b)(i) of this 12
subsection only when the offender was 18 years of age or older when 13
the offender committed the offense. 14
(38) "Predatory" means: (a) The perpetrator of the crime was a 15
stranger to the victim, as defined in this section; (b) the 16
perpetrator established or promoted a relationship with the victim 17
prior to the offense and the victimization of the victim was a 18
significant reason the perpetrator established or promoted the 19
relationship; or (c) the perpetrator was: (i) A teacher, counselor, 20
volunteer, or other person in authority in any public or private 21
school and the victim was a student of the school under his or her 22
authority or supervision. For purposes of this subsection, "school" 23
does not include home-based instruction as defined in RCW 24
28A.225.010; (ii) a coach, trainer, volunteer, or other person in 25
authority in any recreational activity and the victim was a 26
participant in the activity under his or her authority or 27
supervision; (iii) a pastor, elder, volunteer, or other person in 28
authority in any church or religious organization, and the victim was 29
a member or participant of the organization under his or her 30
authority; or (iv) a teacher, counselor, volunteer, or other person 31
in authority providing home-based instruction and the victim was a 32
student receiving home-based instruction while under his or her 33
authority or supervision. For purposes of this subsection: (A) "Home-34
based instruction" has the same meaning as defined in RCW 35
28A.225.010; and (B) "teacher, counselor, volunteer, or other person 36
in authority" does not include the parent or legal guardian of the 37
victim. 38
(39) "Private school" means a school regulated under chapter 39
28A.195 or 28A.205 RCW. 40
p. 28 HB 1180
(40) "Public school" has the same meaning as in RCW 28A.150.010.1
(41) "Recidivist offense" means a felony offense where a prior 2
conviction of the same offense or other specified offense is an 3
element of the crime including, but not limited to:4
(a) Assault in the fourth degree where domestic violence is 5
pleaded and proven, RCW 9A.36.041(3); 6
(b) Cyber harassment, RCW 9A.90.120(2)(b)(i); 7
(c) Harassment, RCW 9A.46.020(2)(b)(i); 8
(d) Indecent exposure, RCW 9A.88.010(2)(c); 9
(e) Stalking, RCW 9A.46.110(5)(b) (i) and (iii);10
(f) Telephone harassment, RCW 9.61.230(2)(a); and11
(g) Violation of a no-contact or protection order, RCW 7.105.450 12
or former RCW 26.50.110(5). 13
(42) "Repetitive domestic violence offense" means any:14
(a)(i) Domestic violence assault that is not a felony offense 15
under RCW 9A.36.041; 16
(ii) Domestic violence violation of a no-contact order under 17
chapter 10.99 RCW that is not a felony offense; 18
(iii) Domestic violence violation of a protection order under 19
chapter 26.09, 26.26A, or 26.26B RCW or former chapter 26.50 RCW, or 20
violation of a domestic violence protection order under chapter 7.105 21
RCW, that is not a felony offense; 22
(iv) Domestic violence harassment offense under RCW 9A.46.020 23
that is not a felony offense; or 24
(v) Domestic violence stalking offense under RCW 9A.46.110 that 25
is not a felony offense; or 26
(b) Any federal, out-of-state, tribal court, military, county, or 27
municipal conviction for an offense that under the laws of this state 28
would be classified as a repetitive domestic violence offense under 29
(a) of this subsection. 30
(43) "Restitution" means a specific sum of money ordered by the 31
sentencing court to be paid by the offender to the court over a 32
specified period of time as payment of damages. The sum may include 33
both public and private costs. 34
(44) "Risk assessment" means the application of the risk 35
instrument recommended to the department by the Washington state 36
institute for public policy as having the highest degree of 37
predictive accuracy for assessing an offender's risk of reoffense.38
(45) "Serious traffic offense" means: 39
p. 29 HB 1180
(a) Nonfelony driving while under the influence of intoxicating 1
liquor or any drug (RCW 46.61.502), nonfelony actual physical control 2
while under the influence of intoxicating liquor or any drug (RCW 3
46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an 4
attended vehicle (RCW 46.52.020(5)); or 5
(b) Any federal, out-of-state, county, or municipal conviction 6
for an offense that under the laws of this state would be classified 7
as a serious traffic offense under (a) of this subsection.8
(46) "Serious violent offense" is a subcategory of violent 9
offense and means: 10
(a)(i) Murder in the first degree; 11
(ii) Homicide by abuse; 12
(iii) Murder in the second degree; 13
(iv) Manslaughter in the first degree; 14
(v) Assault in the first degree; 15
(vi) Kidnapping in the first degree; 16
(vii) Rape in the first degree; 17
(viii) Assault of a child in the first degree; or18
(ix) An attempt, criminal solicitation, or criminal conspiracy to 19
commit one of these felonies; or 20
(b) Any federal or out-of-state conviction for an offense that 21
under the laws of this state would be a felony classified as a 22
serious violent offense under (a) of this subsection.23
(47) "Sex offense" means: 24
(a)(i) A felony that is a violation of chapter 9A.44 RCW other 25
than RCW 9A.44.132; 26
(ii) A violation of RCW 9A.64.020; 27
(iii) A felony that is a violation of chapter 9.68A RCW other 28
than RCW 9.68A.080; or29
(iv) A felony that is, under chapter 9A.28 RCW, a criminal 30
attempt, criminal solicitation, or criminal conspiracy to commit such 31
crimes((; or32
(v) A felony violation of RCW 9A.44.132(1) (failure to register 33
as a sex offender) if the person has been convicted of violating RCW 34
9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 35
prior to June 10, 2010, on at least one prior occasion));36
(b) Any conviction for a felony offense in effect at any time 37
prior to July 1, 1976, that is comparable to a felony classified as a 38
sex offense in (a) of this subsection; 39
p. 30 HB 1180
(c) A felony with a finding of sexual motivation under RCW 1
9.94A.835 or 13.40.135; or 2
(d) Any federal or out-of-state conviction for an offense that 3
under the laws of this state would be a felony classified as a sex 4
offense under (a) of this subsection. 5
(48) "Sexual motivation" means that one of the purposes for which 6
the defendant committed the crime was for the purpose of his or her 7
sexual gratification. 8
(49) "Standard sentence range" means the sentencing court's 9
discretionary range in imposing a nonappealable sentence.10
(50) "Statutory maximum sentence" means the maximum length of 11
time for which an offender may be confined as punishment for a crime 12
as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute 13
defining the crime, or other statute defining the maximum penalty for 14
a crime. 15
(51) "Stranger" means that the victim did not know the offender 16
24 hours before the offense. 17
(52) "Total confinement" means confinement inside the physical 18
boundaries of a facility or institution operated or utilized under 19
contract by the state or any other unit of government for 24 hours a 20
day, or pursuant to RCW 72.64.050 and 72.64.060. 21
(53) "Transition training" means written and verbal instructions 22
and assistance provided by the department to the offender during the 23
two weeks prior to the offender's successful completion of the work 24
ethic camp program. The transition training shall include 25
instructions in the offender's requirements and obligations during 26
the offender's period of community custody. 27
(54) "Victim" means any person who has sustained emotional, 28
psychological, physical, or financial injury to person or property as 29
a direct result of the crime charged. 30
(55) "Victim of domestic violence" means an intimate partner or 31
household member who has been subjected to the infliction of physical 32
harm or sexual and psychological abuse by an intimate partner or 33
household member as part of a pattern of assaultive, coercive, and 34
controlling behaviors directed at achieving compliance from or 35
control over that intimate partner or household member. Domestic 36
violence includes, but is not limited to, the offenses listed in RCW 37
10.99.020 and 26.50.010 committed by an intimate partner or household 38
member against a victim who is an intimate partner or household 39
member. 40
p. 31 HB 1180
(56) "Victim of sex trafficking, prostitution, or commercial 1
sexual abuse of a minor" means a person who has been forced or 2
coerced to perform a commercial sex act including, but not limited 3
to, being a victim of offenses defined in RCW 9A.40.100, 9A.88.070, 4
9.68A.101, and the trafficking victims protection act of 2000, 22 5
U.S.C. Sec. 7101 et seq.; or a person who was induced to perform a 6
commercial sex act when they were less than 18 years of age including 7
but not limited to the offenses defined in chapter 9.68A RCW.8
(57) "Victim of sexual assault" means any person who is a victim 9
of a sexual assault offense, nonconsensual sexual conduct, or 10
nonconsensual sexual penetration and as a result suffers physical, 11
emotional, financial, or psychological impacts. Sexual assault 12
offenses include, but are not limited to, the offenses defined in 13
chapter 9A.44 RCW. 14
(58) "Violent offense" means: 15
(a) Any of the following felonies: 16
(i) Any felony defined under any law as a class A felony or an 17
attempt to commit a class A felony; 18
(ii) Criminal solicitation of or criminal conspiracy to commit a 19
class A felony; 20
(iii) Manslaughter in the first degree; 21
(iv) Manslaughter in the second degree; 22
(v) Indecent liberties if committed by forcible compulsion;23
(vi) Kidnapping in the second degree; 24
(vii) Arson in the second degree; 25
(viii) Assault in the second degree; 26
(ix) Assault of a child in the second degree; 27
(x) Extortion in the first degree; 28
(xi) Robbery in the second degree; 29
(xii) Drive-by shooting; 30
(xiii) Vehicular assault, when caused by the operation or driving 31
of a vehicle by a person while under the influence of intoxicating 32
liquor or any drug or by the operation or driving of a vehicle in a 33
reckless manner; and 34
(xiv) Vehicular homicide, when proximately caused by the driving 35
of any vehicle by any person while under the influence of 36
intoxicating liquor or any drug as defined by RCW 46.61.502, or by 37
the operation of any vehicle in a reckless manner;38
p. 32 HB 1180
(b) Any conviction for a felony offense in effect at any time 1
prior to July 1, 1976, that is comparable to a felony classified as a 2
violent offense in (a) of this subsection; and 3
(c) Any federal or out-of-state conviction for an offense that 4
under the laws of this state would be a felony classified as a 5
violent offense under (a) or (b) of this subsection.6
(59) "Work crew" means a program of partial confinement 7
consisting of civic improvement tasks for the benefit of the 8
community that complies with RCW 9.94A.725. 9
(60) "Work ethic camp" means an alternative incarceration program 10
as provided in RCW 9.94A.690 designed to reduce recidivism and lower 11
the cost of corrections by requiring offenders to complete a 12
comprehensive array of real-world job and vocational experiences, 13
character-building work ethics training, life management skills 14
development, substance abuse rehabilitation, counseling, literacy 15
training, and basic adult education. 16
(61) "Work release" means a program of partial confinement 17
available to offenders who are employed or engaged as a student in a 18
regular course of study at school. 19
Sec. 6. RCW 9.94A.030 and 2024 c 306 s 2 are each amended to 20
read as follows: 21
Unless the context clearly requires otherwise, the definitions in 22
this section apply throughout this chapter. 23
(1) "Board" means the indeterminate sentence review board created 24
under chapter 9.95 RCW. 25
(2) "Collect," or any derivative thereof, "collect and remit," or 26
"collect and deliver," when used with reference to the department, 27
means that the department, either directly or through a collection 28
agreement authorized by RCW 9.94A.760, is responsible for monitoring 29
and enforcing the offender's sentence with regard to the legal 30
financial obligation, receiving payment thereof from the offender, 31
and, consistent with current law, delivering daily the entire payment 32
to the superior court clerk without depositing it in a departmental 33
account. 34
(3) "Commission" means the sentencing guidelines commission.35
(4) "Community corrections officer" means an employee of the 36
department who is responsible for carrying out specific duties in 37
supervision of sentenced offenders and monitoring of sentence 38
conditions. 39
p. 33 HB 1180
(5) "Community custody" means that portion of an offender's 1
sentence of confinement in lieu of earned release time or imposed as 2
part of a sentence under this chapter and served in the community 3
subject to controls placed on the offender's movement and activities 4
by the department. 5
(6) "Community protection zone" means the area within 880 feet of 6
the facilities and grounds of a public or private school.7
(7) "Community restitution" means compulsory service, without 8
compensation, performed for the benefit of the community by the 9
offender. 10
(8) "Confinement" means total or partial confinement.11
(9) "Conviction" means an adjudication of guilt pursuant to Title 12
10 or 13 RCW and includes a verdict of guilty, a finding of guilty, 13
and acceptance of a plea of guilty. 14
(10) "Crime-related prohibition" means an order of a court 15
prohibiting conduct that directly relates to the circumstances of the 16
crime for which the offender has been convicted, and shall not be 17
construed to mean orders directing an offender affirmatively to 18
participate in rehabilitative programs or to otherwise perform 19
affirmative conduct. However, affirmative acts necessary to monitor 20
compliance with the order of a court may be required by the 21
department. 22
(11) "Criminal history" means the list of a defendant's prior 23
convictions and juvenile adjudications, whether in this state, in 24
federal court, or elsewhere, and any issued certificates of 25
restoration of opportunity pursuant to RCW 9.97.020.26
(a) The history shall include, where known, for each conviction 27
(i) whether the defendant has been placed on probation and the length 28
and terms thereof; and (ii) whether the defendant has been 29
incarcerated and the length of incarceration. 30
(b) A conviction may be removed from a defendant's criminal 31
history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 32
9.95.240, or a similar out-of-state statute, or if the conviction has 33
been vacated pursuant to a governor's pardon. However, when a 34
defendant is charged with a recidivist offense, "criminal history" 35
includes a vacated prior conviction for the sole purpose of 36
establishing that such vacated prior conviction constitutes an 37
element of the present recidivist offense as provided in RCW 38
9.94A.640(4)(b) and 9.96.060(((7))) (8)(c). 39
p. 34 HB 1180
(c) The determination of a defendant's criminal history is 1
distinct from the determination of an offender score. A prior 2
conviction that was not included in an offender score calculated 3
pursuant to a former version of the sentencing reform act remains 4
part of the defendant's criminal history. 5
(12) "Criminal street gang" means any ongoing organization, 6
association, or group of three or more persons, whether formal or 7
informal, having a common name or common identifying sign or symbol, 8
having as one of its primary activities the commission of criminal 9
acts, and whose members or associates individually or collectively 10
engage in or have engaged in a pattern of criminal street gang 11
activity. This definition does not apply to employees engaged in 12
concerted activities for their mutual aid and protection, or to the 13
activities of labor and bona fide nonprofit organizations or their 14
members or agents. 15
(13) "Criminal street gang associate or member" means any person 16
who actively participates in any criminal street gang and who 17
intentionally promotes, furthers, or assists in any criminal act by 18
the criminal street gang. 19
(14) "Criminal street gang-related offense" means any felony or 20
misdemeanor offense, whether in this state or elsewhere, that is 21
committed for the benefit of, at the direction of, or in association 22
with any criminal street gang, or is committed with the intent to 23
promote, further, or assist in any criminal conduct by the gang, or 24
is committed for one or more of the following reasons:25
(a) To gain admission, prestige, or promotion within the gang;26
(b) To increase or maintain the gang's size, membership, 27
prestige, dominance, or control in any geographical area;28
(c) To exact revenge or retribution for the gang or any member of 29
the gang; 30
(d) To obstruct justice, or intimidate or eliminate any witness 31
against the gang or any member of the gang; 32
(e) To directly or indirectly cause any benefit, aggrandizement, 33
gain, profit, or other advantage for the gang, its reputation, 34
influence, or membership; or 35
(f) To provide the gang with any advantage in, or any control or 36
dominance over any criminal market sector, including, but not limited 37
to, manufacturing, delivering, or selling any controlled substance 38
(chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen 39
property ( chapter 9A.82 RCW); promoting prostitution ( chapter 9A.88 40
p. 35 HB 1180
RCW); human trafficking (RCW 9A.40.100); promoting commercial sexual 1
abuse of a minor (RCW 9.68A.101); or promoting pornography ( chapter 2
9.68 RCW). 3
(15) "Day fine" means a fine imposed by the sentencing court that 4
equals the difference between the offender's net daily income and the 5
reasonable obligations that the offender has for the support of the 6
offender and any dependents. 7
(16) "Day reporting" means a program of enhanced supervision 8
designed to monitor the offender's daily activities and compliance 9
with sentence conditions, and in which the offender is required to 10
report daily to a specific location designated by the department or 11
the sentencing court. 12
(17) "Department" means the department of corrections.13
(18) "Determinate sentence" means a sentence that states with 14
exactitude the number of actual years, months, or days of total 15
confinement, of partial confinement, of community custody, the number 16
of actual hours or days of community restitution work, or dollars or 17
terms of a legal financial obligation. The fact that an offender 18
through earned release can reduce the actual period of confinement 19
shall not affect the classification of the sentence as a determinate 20
sentence. 21
(19) "Disposable earnings" means that part of the earnings of an 22
offender remaining after the deduction from those earnings of any 23
amount required by law to be withheld. For the purposes of this 24
definition, "earnings" means compensation paid or payable for 25
personal services, whether denominated as wages, salary, commission, 26
bonuses, or otherwise, and, notwithstanding any other provision of 27
law making the payments exempt from garnishment, attachment, or other 28
process to satisfy a court-ordered legal financial obligation, 29
specifically includes periodic payments pursuant to pension or 30
retirement programs, or insurance policies of any type, but does not 31
include payments made under Title 50 RCW, except as provided in RCW 32
50.40.020 and 50.40.050, or Title 74 RCW. 33
(20)(a) "Domestic violence" has the same meaning as defined in 34
RCW 10.99.020. 35
(b) "Domestic violence" also means: (i) Physical harm, bodily 36
injury, assault, or the infliction of fear of imminent physical harm, 37
bodily injury, or assault, sexual assault, or stalking, as defined in 38
RCW 9A.46.110, of one intimate partner by another intimate partner as 39
defined in RCW 10.99.020; or (ii) physical harm, bodily injury, 40
p. 36 HB 1180
assault, or the infliction of fear of imminent physical harm, bodily 1
injury, or assault, sexual assault, or stalking, as defined in RCW 2
9A.46.110, of one family or household member by another family or 3
household member as defined in RCW 10.99.020. 4
(21) "Drug offender sentencing alternative" is a sentencing 5
option available to persons convicted of a felony offense who are 6
eligible for the option under RCW 9.94A.660. 7
(22) "Drug offender sentencing alternative for driving under the 8
influence" is a sentencing option available to persons convicted of 9
felony driving while under the influence of intoxicating liquor or 10
any drug under RCW 46.61.502(6), or felony physical control of a 11
vehicle while under the influence of intoxicating liquor or any drug 12
under RCW 46.61.504(6) who are eligible under RCW 9.94A.661.13
(23) "Drug offense" means: 14
(a) Any felony violation of chapter 69.50 RCW except possession 15
of a controlled substance (RCW 69.50.4013) or forged prescription for 16
a controlled substance (RCW 69.50.403); 17
(b) Any offense defined as a felony under federal law that 18
relates to the possession, manufacture, distribution, or 19
transportation of a controlled substance; or 20
(c) Any out-of-state conviction for an offense that under the 21
laws of this state would be a felony classified as a drug offense 22
under (a) of this subsection. 23
(24) "Earned release" means earned release from confinement as 24
provided in RCW 9.94A.728. 25
(25) "Electronic monitoring" means tracking the location of an 26
individual through the use of technology that is capable of 27
determining or identifying the monitored individual's presence or 28
absence at a particular location including, but not limited to:29
(a) Radio frequency signaling technology, which detects if the 30
monitored individual is or is not at an approved location and 31
notifies the monitoring agency of the time that the monitored 32
individual either leaves the approved location or tampers with or 33
removes the monitoring device; or 34
(b) Active or passive global positioning system technology, which 35
detects the location of the monitored individual and notifies the 36
monitoring agency of the monitored individual's location and which 37
may also include electronic monitoring with victim notification 38
technology that is capable of notifying a victim or protected party, 39
either directly or through a monitoring agency, if the monitored 40
p. 37 HB 1180
individual enters within the restricted distance of a victim or 1
protected party, or within the restricted distance of a designated 2
location. 3
(26) "Escape" means: 4
(a) Sexually violent predator escape (RCW 9A.76.115), escape in 5
the first degree (RCW 9A.76.110), escape in the second degree (RCW 6
9A.76.120), willful failure to return from furlough (RCW 72.66.060), 7
willful failure to return from work release (RCW 72.65.070), or 8
willful failure to be available for supervision by the department 9
while in community custody (RCW 72.09.310); or 10
(b) Any federal or out-of-state conviction for an offense that 11
under the laws of this state would be a felony classified as an 12
escape under (a) of this subsection. 13
(27) "Felony traffic offense" means: 14
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 15
46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-16
run injury-accident (RCW 46.52.020(4)), felony driving while under 17
the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), 18
or felony physical control of a vehicle while under the influence of 19
intoxicating liquor or any drug (RCW 46.61.504(6)); or20
(b) Any federal or out-of-state conviction for an offense that 21
under the laws of this state would be a felony classified as a felony 22
traffic offense under (a) of this subsection. 23
(28) "Fine" means a specific sum of money ordered by the 24
sentencing court to be paid by the offender to the court over a 25
specific period of time. 26
(29) "First-time offender" means any person who has no prior 27
convictions for a felony and is eligible for the first-time offender 28
waiver under RCW 9.94A.650. 29
(30) "Home detention" is a subset of electronic monitoring and 30
means a program of partial confinement available to offenders wherein 31
the offender is confined in a private residence 24 hours a day, 32
unless an absence from the residence is approved, authorized, or 33
otherwise permitted in the order by the court or other supervising 34
agency that ordered home detention, and the offender is subject to 35
electronic monitoring. 36
(31) "Homelessness" or "homeless" means a condition where an 37
individual lacks a fixed, regular, and adequate nighttime residence 38
and who has a primary nighttime residence that is:39
p. 38 HB 1180
(a) A supervised, publicly or privately operated shelter designed 1
to provide temporary living accommodations; 2
(b) A public or private place not designed for, or ordinarily 3
used as, a regular sleeping accommodation for human beings; or4
(c) A private residence where the individual stays as a transient 5
invitee. 6
(32) "Legal financial obligation" means a sum of money that is 7
ordered by a superior court of the state of Washington for legal 8
financial obligations which may include restitution to the victim, 9
statutorily imposed crime victims' compensation fees as assessed 10
pursuant to RCW 7.68.035, court costs, county or interlocal drug 11
funds, court-appointed attorneys' fees, and costs of defense, fines, 12
and any other financial obligation that is assessed to the offender 13
as a result of a felony conviction. Upon conviction for vehicular 14
assault while under the influence of intoxicating liquor or any drug, 15
RCW 46.61.522(1)(b), or vehicular homicide while under the influence 16
of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal 17
financial obligations may also include payment to a public agency of 18
the expense of an emergency response to the incident resulting in the 19
conviction, subject to RCW 38.52.430. 20
(33) "Most serious offense" means any of the following felonies 21
or a felony attempt to commit any of the following felonies:22
(a) Any felony defined under any law as a class A felony or 23
criminal solicitation of or criminal conspiracy to commit a class A 24
felony; 25
(b) Assault in the second degree; 26
(c) Assault of a child in the second degree; 27
(d) Child molestation in the second degree; 28
(e) Controlled substance homicide; 29
(f) Extortion in the first degree; 30
(g) Incest when committed against a child under age 14;31
(h) Indecent liberties; 32
(i) Kidnapping in the second degree; 33
(j) Leading organized crime; 34
(k) Manslaughter in the first degree; 35
(l) Manslaughter in the second degree; 36
(m) Promoting prostitution in the first degree;37
(n) Rape in the third degree; 38
(o) Sexual exploitation; 39
p. 39 HB 1180
(p) Vehicular assault, when caused by the operation or driving of 1
a vehicle by a person while under the influence of intoxicating 2
liquor or any drug or by the operation or driving of a vehicle in a 3
reckless manner; 4
(q) Vehicular homicide, when proximately caused by the driving of 5
any vehicle by any person while under the influence of intoxicating 6
liquor or any drug as defined by RCW 46.61.502, or by the operation 7
of any vehicle in a reckless manner; 8
(r) Any other class B felony offense with a finding of sexual 9
motivation; 10
(s) Any other felony with a deadly weapon verdict under RCW 11
9.94A.825; 12
(t) Any felony offense in effect at any time prior to December 2, 13
1993, that is comparable to a most serious offense under this 14
subsection, or any federal or out-of-state conviction for an offense 15
that under the laws of this state would be a felony classified as a 16
most serious offense under this subsection; 17
(u)(i) A prior conviction for indecent liberties under RCW 18
9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. 19
sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), 20
and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 21
9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, 22
until July 1, 1988; 23
(ii) A prior conviction for indecent liberties under RCW 24
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, 25
if: (A) The crime was committed against a child under the age of 14; 26
or (B) the relationship between the victim and perpetrator is 27
included in the definition of indecent liberties under RCW 28
9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 29
1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 30
1993, through July 27, 1997; 31
(v) Any out-of-state conviction for a felony offense with a 32
finding of sexual motivation if the minimum sentence imposed was 10 33
years or more; provided that the out-of-state felony offense must be 34
comparable to a felony offense under this title and Title 9A RCW and 35
the out-of-state definition of sexual motivation must be comparable 36
to the definition of sexual motivation contained in this section.37
(34) "Nonviolent offense" means an offense which is not a violent 38
offense. 39
p. 40 HB 1180
(35) "Offender" means a person who has committed a felony 1
established by state law and is 18 years of age or older or is less 2
than 18 years of age but whose case is under superior court 3
jurisdiction under RCW 13.04.030 or has been transferred by the 4
appropriate juvenile court to a criminal court pursuant to RCW 5
13.40.110. In addition, for the purpose of community custody 6
requirements under this chapter, "offender" also means a misdemeanant 7
or gross misdemeanant probationer ordered by a superior court to 8
probation pursuant to RCW 9.92.060, 9.95.204, or 9.95.210 and 9
supervised by the department pursuant to RCW 9.94A.501 and 10
9.94A.5011. Throughout this chapter, the terms "offender" and 11
"defendant" are used interchangeably. 12
(36) "Partial confinement" means confinement for no more than one 13
year in a facility or institution operated or utilized under contract 14
by the state or any other unit of government, or, if home detention, 15
electronic monitoring, or work crew has been ordered by the court or 16
home detention has been ordered by the department as part of the 17
parenting program or the graduated reentry program, in an approved 18
residence, for a substantial portion of each day with the balance of 19
the day spent in the community. Partial confinement includes work 20
release, home detention, work crew, electronic monitoring, and a 21
combination of work crew, electronic monitoring, and home detention.22
(37) "Pattern of criminal street gang activity" means:23
(a) The commission, attempt, conspiracy, or solicitation of, or 24
any prior juvenile adjudication of or adult conviction of, two or 25
more of the following criminal street gang-related offenses:26
(i) Any "serious violent" felony offense as defined in this 27
section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a 28
Child 1 (RCW 9A.36.120); 29
(ii) Any "violent" offense as defined by this section, excluding 30
Assault of a Child 2 (RCW 9A.36.130); 31
(iii) Deliver or Possession with Intent to Deliver a Controlled 32
Substance (chapter 69.50 RCW); 33
(iv) Any violation of the firearms and dangerous weapon act 34
(chapter 9.41 RCW); 35
(v) Theft of a Firearm (RCW 9A.56.300); 36
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);37
(vii) Hate Crime (RCW 9A.36.080); 38
(viii) Harassment where a subsequent violation or deadly threat 39
is made (RCW 9A.46.020(2)(b)); 40
p. 41 HB 1180
(ix) Criminal Gang Intimidation (RCW 9A.46.120);1
(x) Any felony conviction by a person 18 years of age or older 2
with a special finding of involving a juvenile in a felony offense 3
under RCW 9.94A.833; 4
(xi) Residential Burglary (RCW 9A.52.025); 5
(xii) Burglary 2 (RCW 9A.52.030); 6
(xiii) Malicious Mischief 1 (RCW 9A.48.070); 7
(xiv) Malicious Mischief 2 (RCW 9A.48.080); 8
(xv) Theft of a Motor Vehicle (RCW 9A.56.065); 9
(xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068);10
(xvii) Taking a Motor Vehicle Without Permission 1 (RCW 11
9A.56.070); 12
(xviii) Taking a Motor Vehicle Without Permission 2 (RCW 13
9A.56.075); 14
(xix) Extortion 1 (RCW 9A.56.120); 15
(xx) Extortion 2 (RCW 9A.56.130); 16
(xxi) Intimidating a Witness (RCW 9A.72.110); 17
(xxii) Tampering with a Witness (RCW 9A.72.120);18
(xxiii) Reckless Endangerment (RCW 9A.36.050);19
(xxiv) Coercion (RCW 9A.36.070); 20
(xxv) Harassment (RCW 9A.46.020); or 21
(xxvi) Malicious Mischief 3 (RCW 9A.48.090); 22
(b) That at least one of the offenses listed in (a) of this 23
subsection shall have occurred after July 1, 2008;24
(c) That the most recent committed offense listed in (a) of this 25
subsection occurred within three years of a prior offense listed in 26
(a) of this subsection; and 27
(d) Of the offenses that were committed in (a) of this 28
subsection, the offenses occurred on separate occasions or were 29
committed by two or more persons. 30
(38) "Persistent offender" is an offender who:31
(a)(i) Has been convicted in this state of any felony considered 32
a most serious offense; and 33
(ii) Has, before the commission of the offense under (a) of this 34
subsection, been convicted as an offender on at least two separate 35
occasions, whether in this state or elsewhere, of felonies that under 36
the laws of this state would be considered most serious offenses and 37
would be included in the offender score under RCW 9.94A.525; provided 38
that of the two or more previous convictions, at least one conviction 39
p. 42 HB 1180
must have occurred before the commission of any of the other most 1
serious offenses for which the offender was previously convicted; or2
(b)(i) Has been convicted of: (A) Rape in the first degree, rape 3
of a child in the first degree, child molestation in the first 4
degree, rape in the second degree, rape of a child in the second 5
degree, or indecent liberties by forcible compulsion; (B) any of the 6
following offenses with a finding of sexual motivation: Murder in the 7
first degree, murder in the second degree, homicide by abuse, 8
kidnapping in the first degree, kidnapping in the second degree, 9
assault in the first degree, assault in the second degree, assault of 10
a child in the first degree, assault of a child in the second degree, 11
or burglary in the first degree; or (C) an attempt to commit any 12
crime listed in this subsection (38)(b)(i); and 13
(ii) Has, before the commission of the offense under (b)(i) of 14
this subsection, been convicted as an offender on at least one 15
occasion, whether in this state or elsewhere, of an offense listed in 16
(b)(i) of this subsection or any federal or out-of-state offense or 17
offense under prior Washington law that is comparable to the offenses 18
listed in (b)(i) of this subsection. A conviction for rape of a child 19
in the first degree constitutes a conviction under (b)(i) of this 20
subsection only when the offender was 16 years of age or older when 21
the offender committed the offense. A conviction for rape of a child 22
in the second degree constitutes a conviction under (b)(i) of this 23
subsection only when the offender was 18 years of age or older when 24
the offender committed the offense. 25
(39) "Predatory" means: (a) The perpetrator of the crime was a 26
stranger to the victim, as defined in this section; (b) the 27
perpetrator established or promoted a relationship with the victim 28
prior to the offense and the victimization of the victim was a 29
significant reason the perpetrator established or promoted the 30
relationship; or (c) the perpetrator was: (i) A teacher, counselor, 31
volunteer, or other person in authority in any public or private 32
school and the victim was a student of the school under his or her 33
authority or supervision. For purposes of this subsection, "school" 34
does not include home-based instruction as defined in RCW 35
28A.225.010; (ii) a coach, trainer, volunteer, or other person in 36
authority in any recreational activity and the victim was a 37
participant in the activity under his or her authority or 38
supervision; (iii) a pastor, elder, volunteer, or other person in 39
authority in any church or religious organization, and the victim was 40
p. 43 HB 1180
a member or participant of the organization under his or her 1
authority; or (iv) a teacher, counselor, volunteer, or other person 2
in authority providing home-based instruction and the victim was a 3
student receiving home-based instruction while under his or her 4
authority or supervision. For purposes of this subsection: (A) "Home-5
based instruction" has the same meaning as defined in RCW 6
28A.225.010; and (B) "teacher, counselor, volunteer, or other person 7
in authority" does not include the parent or legal guardian of the 8
victim. 9
(40) "Private school" means a school regulated under chapter 10
28A.195 or 28A.205 RCW. 11
(41) "Public school" has the same meaning as in RCW 28A.150.010.12
(42) "Recidivist offense" means a felony offense where a prior 13
conviction of the same offense or other specified offense is an 14
element of the crime including, but not limited to:15
(a) Assault in the fourth degree where domestic violence is 16
pleaded and proven, RCW 9A.36.041(3); 17
(b) Cyber harassment, RCW 9A.90.120(2)(b)(i); 18
(c) Harassment, RCW 9A.46.020(2)(b)(i); 19
(d) Indecent exposure, RCW 9A.88.010(2)(c); 20
(e) Stalking, RCW 9A.46.110(5)(b) (i) and (iii);21
(f) Telephone harassment, RCW 9.61.230(2)(a); and22
(g) Violation of a no-contact or protection order, RCW 7.105.450 23
or former RCW 26.50.110(5). 24
(43) "Repetitive domestic violence offense" means any:25
(a)(i) Domestic violence assault that is not a felony offense 26
under RCW 9A.36.041; 27
(ii) Domestic violence violation of a no-contact order under 28
chapter 10.99 RCW that is not a felony offense; 29
(iii) Domestic violence violation of a protection order under 30
chapter 26.09, 26.26A, or 26.26B RCW or former chapter 26.50 RCW, or 31
violation of a domestic violence protection order under chapter 7.105 32
RCW, that is not a felony offense; 33
(iv) Domestic violence harassment offense under RCW 9A.46.020 34
that is not a felony offense; or 35
(v) Domestic violence stalking offense under RCW 9A.46.110 that 36
is not a felony offense; or 37
(b) Any federal, out-of-state, tribal court, military, county, or 38
municipal conviction for an offense that under the laws of this state 39
p. 44 HB 1180
would be classified as a repetitive domestic violence offense under 1
(a) of this subsection. 2
(44) "Restitution" means a specific sum of money ordered by the 3
sentencing court to be paid by the offender to the court over a 4
specified period of time as payment of damages. The sum may include 5
both public and private costs. 6
(45) "Risk assessment" means the application of the risk 7
instrument recommended to the department by the Washington state 8
institute for public policy as having the highest degree of 9
predictive accuracy for assessing an offender's risk of reoffense.10
(46) "Serious traffic offense" means: 11
(a)(i) Nonfelony driving while under the influence of 12
intoxicating liquor or any drug (RCW 46.61.502); 13
(ii) Nonfelony actual physical control while under the influence 14
of intoxicating liquor or any drug (RCW 46.61.504);15
(iii) Reckless driving (RCW 46.61.500); 16
(iv) Negligent driving if the conviction is the result of a 17
charge that was originally filed as a violation of RCW 46.61.502 or 18
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 19
46.61.522 while under the influence of intoxicating liquor or any 20
drug (RCW 46.61.5249); 21
(v) Reckless endangerment if the conviction is the result of a 22
charge that was originally filed as a violation of RCW 46.61.502 or 23
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 24
46.61.522 while under the influence of intoxicating liquor or any 25
drug (RCW 9A.36.050); or 26
(vi) Hit-and-run an attended vehicle (RCW 46.52.020(5)); or27
(b) Any federal, out-of-state, county, or municipal conviction 28
for an offense that under the laws of this state would be classified 29
as a serious traffic offense under (a) of this subsection.30
(c) This definition applies for the purpose of a personal 31
driver's license only and does not apply to violations related to a 32
commercial motor vehicle under RCW 46.25.090. 33
(47) "Serious violent offense" is a subcategory of violent 34
offense and means: 35
(a)(i) Murder in the first degree; 36
(ii) Homicide by abuse; 37
(iii) Murder in the second degree; 38
(iv) Manslaughter in the first degree; 39
(v) Assault in the first degree; 40
p. 45 HB 1180
(vi) Kidnapping in the first degree; 1
(vii) Rape in the first degree; 2
(viii) Assault of a child in the first degree; or3
(ix) An attempt, criminal solicitation, or criminal conspiracy to 4
commit one of these felonies; or 5
(b) Any federal or out-of-state conviction for an offense that 6
under the laws of this state would be a felony classified as a 7
serious violent offense under (a) of this subsection.8
(48) "Sex offense" means: 9
(a)(i) A felony that is a violation of chapter 9A.44 RCW other 10
than RCW 9A.44.132; 11
(ii) A violation of RCW 9A.64.020; 12
(iii) A felony that is a violation of chapter 9.68A RCW other 13
than RCW 9.68A.080; or14
(iv) A felony that is, under chapter 9A.28 RCW, a criminal 15
attempt, criminal solicitation, or criminal conspiracy to commit such 16
crimes((; or17
(v) A felony violation of RCW 9A.44.132(1) (failure to register 18
as a sex offender) if the person has been convicted of violating RCW 19
9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 20
prior to June 10, 2010, on at least one prior occasion));21
(b) Any conviction for a felony offense in effect at any time 22
prior to July 1, 1976, that is comparable to a felony classified as a 23
sex offense in (a) of this subsection; 24
(c) A felony with a finding of sexual motivation under RCW 25
9.94A.835 or 13.40.135; or 26
(d) Any federal or out-of-state conviction for an offense that 27
under the laws of this state would be a felony classified as a sex 28
offense under (a) of this subsection. 29
(49) "Sexual motivation" means that one of the purposes for which 30
the defendant committed the crime was for the purpose of his or her 31
sexual gratification. 32
(50) "Standard sentence range" means the sentencing court's 33
discretionary range in imposing a nonappealable sentence.34
(51) "Statutory maximum sentence" means the maximum length of 35
time for which an offender may be confined as punishment for a crime 36
as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute 37
defining the crime, or other statute defining the maximum penalty for 38
a crime. 39
p. 46 HB 1180
(52) "Stranger" means that the victim did not know the offender 1
24 hours before the offense. 2
(53) "Total confinement" means confinement inside the physical 3
boundaries of a facility or institution operated or utilized under 4
contract by the state or any other unit of government for 24 hours a 5
day, or pursuant to RCW 72.64.050 and 72.64.060. 6
(54) "Transition training" means written and verbal instructions 7
and assistance provided by the department to the offender during the 8
two weeks prior to the offender's successful completion of the work 9
ethic camp program. The transition training shall include 10
instructions in the offender's requirements and obligations during 11
the offender's period of community custody. 12
(55) "Victim" means any person who has sustained emotional, 13
psychological, physical, or financial injury to person or property as 14
a direct result of the crime charged. 15
(56) "Victim of domestic violence" means an intimate partner or 16
household member who has been subjected to the infliction of physical 17
harm or sexual and psychological abuse by an intimate partner or 18
household member as part of a pattern of assaultive, coercive, and 19
controlling behaviors directed at achieving compliance from or 20
control over that intimate partner or household member. Domestic 21
violence includes, but is not limited to, the offenses listed in RCW 22
10.99.020 and 26.50.010 committed by an intimate partner or household 23
member against a victim who is an intimate partner or household 24
member. 25
(57) "Victim of sex trafficking, prostitution, or commercial 26
sexual abuse of a minor" means a person who has been forced or 27
coerced to perform a commercial sex act including, but not limited 28
to, being a victim of offenses defined in RCW 9A.40.100, 9A.88.070, 29
9.68A.101, and the trafficking victims protection act of 2000, 22 30
U.S.C. Sec. 7101 et seq.; or a person who was induced to perform a 31
commercial sex act when they were less than 18 years of age including 32
but not limited to the offenses defined in chapter 9.68A RCW.33
(58) "Victim of sexual assault" means any person who is a victim 34
of a sexual assault offense, nonconsensual sexual conduct, or 35
nonconsensual sexual penetration and as a result suffers physical, 36
emotional, financial, or psychological impacts. Sexual assault 37
offenses include, but are not limited to, the offenses defined in 38
chapter 9A.44 RCW. 39
(59) "Violent offense" means: 40
p. 47 HB 1180
(a) Any of the following felonies: 1
(i) Any felony defined under any law as a class A felony or an 2
attempt to commit a class A felony; 3
(ii) Criminal solicitation of or criminal conspiracy to commit a 4
class A felony; 5
(iii) Manslaughter in the first degree; 6
(iv) Manslaughter in the second degree; 7
(v) Indecent liberties if committed by forcible compulsion;8
(vi) Kidnapping in the second degree; 9
(vii) Arson in the second degree; 10
(viii) Assault in the second degree; 11
(ix) Assault of a child in the second degree; 12
(x) Extortion in the first degree; 13
(xi) Robbery in the second degree; 14
(xii) Drive-by shooting; 15
(xiii) Vehicular assault, when caused by the operation or driving 16
of a vehicle by a person while under the influence of intoxicating 17
liquor or any drug or by the operation or driving of a vehicle in a 18
reckless manner; and 19
(xiv) Vehicular homicide, when proximately caused by the driving 20
of any vehicle by any person while under the influence of 21
intoxicating liquor or any drug as defined by RCW 46.61.502, or by 22
the operation of any vehicle in a reckless manner;23
(b) Any conviction for a felony offense in effect at any time 24
prior to July 1, 1976, that is comparable to a felony classified as a 25
violent offense in (a) of this subsection; and 26
(c) Any federal or out-of-state conviction for an offense that 27
under the laws of this state would be a felony classified as a 28
violent offense under (a) or (b) of this subsection.29
(60) "Work crew" means a program of partial confinement 30
consisting of civic improvement tasks for the benefit of the 31
community that complies with RCW 9.94A.725. 32
(61) "Work ethic camp" means an alternative incarceration program 33
as provided in RCW 9.94A.690 designed to reduce recidivism and lower 34
the cost of corrections by requiring offenders to complete a 35
comprehensive array of real-world job and vocational experiences, 36
character-building work ethics training, life management skills 37
development, substance abuse rehabilitation, counseling, literacy 38
training, and basic adult education. 39
p. 48 HB 1180
(62) "Work release" means a program of partial confinement 1
available to offenders who are employed or engaged as a student in a 2
regular course of study at school. 3
Sec. 7. RCW 9A.44.144 and 2023 c 150 s 10 are each amended to 4
read as follows: 5
(1) For a person who is not an adult, any existing legal 6
obligation to register as a sex offender is extinguished on November 7
1, 2023, if the person no longer has a duty to register under RCW 8
9A.44.130(1)(b). 9
(2) For a person who has an existing legal obligation to register 10
under RCW 9A.44.130(1)(b), the obligation shall extinguish two or 11
three years after the last date of release from confinement, 12
including full-time residential treatment, if any, or entry of 13
disposition according to the applicable registration period required 14
under RCW 9A.44.140(4). 15
(3) By December 1, 2023, each registering agency shall conduct an 16
individual review and remove all persons from the sex offender 17
registry whose obligation to register is based on an offense 18
committed while the person was under 18 years of age, unless the 19
individual has a legal obligation to register under subsection (2) of 20
this section. 21
(4) For a person who has an existing legal obligation to register 22
as a sex offender due to a conviction for a sex offense as defined by 23
RCW 9.94A.030 as that statute was in effect prior to the effective 24
date of this section, the legal obligation to register is 25
extinguished on the effective date of this section.26
(5) By August 1, 2025, each registering agency shall conduct an 27
individual review and remove all persons from the sex offender 28
registry who no longer have a duty to register under subsection (4) 29
of this section.30
NEW SECTION. Sec. 8. A new section is added to chapter 9A.44 31
RCW to read as follows: 32
This act applies to all charges pending or filed on or after the 33
effective date of this section alleging that a person committed the 34
crime of failure to register as a sex offender under RCW 9A.44.132 35
where the date of the offense occurred before the effective date of 36
this section. 37
p. 49 HB 1180
Sec. 9. RCW 9.94A.701 and 2021 c 242 s 6 are each amended to 1
read as follows: 2
(1) If an offender is sentenced to the custody of the department 3
for one of the following crimes, the court shall, in addition to the 4
other terms of the sentence, sentence the offender to community 5
custody for three years: 6
(a) A sex offense not sentenced under RCW 9.94A.507; or7
(b) A serious violent offense. 8
(2) A court shall, in addition to the other terms of the 9
sentence, sentence an offender to community custody for two years 10
when the court sentences the person to the custody of the department 11
for a second or subsequent violation of RCW 9A.44.132(1).12
(3) A court shall, in addition to the other terms of the 13
sentence, sentence an offender to community custody for eighteen 14
months when the court sentences the person to the custody of the 15
department for a violent offense that is not considered a serious 16
violent offense. 17
(((3))) (4) A court shall, in addition to the other terms of the 18
sentence, sentence an offender to community custody for one year when 19
the court sentences the person to the custody of the department for:20
(a) Any crime against persons under RCW 9.94A.411(2);21
(b) An offense involving the unlawful possession of a firearm 22
under RCW 9.41.040, where the offender is a criminal street gang 23
member or associate; 24
(c) A felony offense under chapter 69.50 or 69.52 RCW, committed 25
on or after July 1, 2000; or 26
(d) A felony violation of RCW 9A.44.132(1) (failure to register) 27
that is the offender's first violation for a felony failure to 28
register. 29
(((4))) (5) If an offender is sentenced under the drug offender 30
sentencing alternative, the court shall impose community custody as 31
provided in RCW 9.94A.660. 32
(((5))) (6) If an offender is sentenced under the special sex 33
offender sentencing alternative, the court shall impose community 34
custody as provided in RCW 9.94A.670. 35
(((6)))(7) If an offender is sentenced to a work ethic camp, the 36
court shall impose community custody as provided in RCW 9.94A.690.37
(((7))) (8) If an offender is sentenced under the parenting 38
sentencing alternative, the court shall impose a term of community 39
custody as provided in RCW 9.94A.655. 40
p. 50 HB 1180
(((8))) (9) If the offender is sentenced under the mental health 1
sentencing alternative, the court shall impose a term of community 2
custody as provided in RCW 9.94A.695. 3
(((9))) (10) If a sex offender is sentenced as a nonpersistent 4
offender pursuant to RCW 9.94A.507, the court shall impose community 5
custody as provided in that section. 6
(((10))) (11) The term of community custody specified by this 7
section shall be reduced by the court whenever an offender's standard 8
range term of confinement in combination with the term of community 9
custody exceeds the statutory maximum for the crime as provided in 10
RCW 9A.20.021. 11
Sec. 10. RCW 9.94A.701 and 2024 c 306 s 10 are each amended to 12
read as follows: 13
(1) If an offender is sentenced to the custody of the department 14
for one of the following crimes, the court shall, in addition to the 15
other terms of the sentence, sentence the offender to community 16
custody for three years: 17
(a) A sex offense not sentenced under RCW 9.94A.507; or18
(b) A serious violent offense. 19
(2) A court shall, in addition to the other terms of the 20
sentence, sentence an offender to community custody for two years 21
when the court sentences the person to the custody of the department 22
for a second or subsequent violation of RCW 9A.44.132(1).23
(3) A court shall, in addition to the other terms of the 24
sentence, sentence an offender to community custody for 18 months 25
when the court sentences the person to the custody of the department 26
for a violent offense that is not considered a serious violent 27
offense. 28
(((3))) (4) A court shall, in addition to the other terms of the 29
sentence, sentence an offender to community custody for one year when 30
the court sentences the person to the custody of the department for:31
(a) Any crime against persons under RCW 9.94A.411(2);32
(b) An offense involving the unlawful possession of a firearm 33
under RCW 9.41.040, where the offender is a criminal street gang 34
member or associate; 35
(c) A felony offense under chapter 69.50 or 69.52 RCW, committed 36
on or after July 1, 2000; or 37
p. 51 HB 1180
(d) A felony violation of RCW 9A.44.132(1) (failure to register) 1
that is the offender's first violation for a felony failure to 2
register. 3
(((4)))(5) If an offender is sentenced under the drug offender 4
sentencing alternative, the court shall impose community custody as 5
provided in: 6
(a) RCW 9.94A.660 and 9.94A.662 for a prison-based drug offender 7
sentencing alternative; 8
(b) RCW 9.94A.660 and 9.94A.664 for a residential-based drug 9
offender sentencing alternative; 10
(c) RCW 9.94A.662 and 9.94A.661(6) for a prison-based drug 11
offender sentencing alternative for driving under the influence; and12
(d) RCW 9.94A.661 (5) and (6) for a residential-based drug 13
offender sentencing alternative for driving under the influence.14
(((5))) (6) If an offender is sentenced under the special sex 15
offender sentencing alternative, the court shall impose community 16
custody as provided in RCW 9.94A.670. 17
(((6))) (7) If an offender is sentenced to a work ethic camp, the 18
court shall impose community custody as provided in RCW 9.94A.690.19
(((7))) (8) If an offender is sentenced under the parenting 20
sentencing alternative, the court shall impose a term of community 21
custody as provided in RCW 9.94A.655. 22
(((8))) (9) If the offender is sentenced under the mental health 23
sentencing alternative, the court shall impose a term of community 24
custody as provided in RCW 9.94A.695. 25
(((9))) (10) If a sex offender is sentenced as a nonpersistent 26
offender pursuant to RCW 9.94A.507, the court shall impose community 27
custody as provided in that section. 28
(((10))) (11) The term of community custody specified by this 29
section shall be reduced by the court whenever an offender's standard 30
sentence range term of confinement in combination with the term of 31
community custody exceeds the statutory maximum for the crime as 32
provided in RCW 9A.20.021. 33
Sec. 11. RCW 72.09.270 and 2024 c 315 s 1 are each amended to 34
read as follows: 35
(1) The department of corrections shall develop an individual 36
reentry plan as defined in RCW 72.09.015 for every incarcerated 37
individual who is committed to the jurisdiction of the department 38
except: 39
p. 52 HB 1180
(a) Incarcerated individuals who are sentenced to life without 1
the possibility of release or sentenced to death under chapter 10.95 2
RCW; and 3
(b) Incarcerated individuals who are subject to the provisions of 4
8 U.S.C. Sec. 1227. 5
(2) The individual reentry plan may be one document, or may be a 6
series of individual plans that combine to meet the requirements of 7
this section. 8
(3) In developing individual reentry plans, the department shall 9
assess all incarcerated individuals using standardized and 10
comprehensive tools to identify the criminogenic risks, programmatic 11
needs, and educational and vocational skill levels for each 12
incarcerated individual. The assessment tool should take into account 13
demographic biases, such as culture, age, and gender, as well as the 14
needs of the incarcerated individual, including any learning 15
disabilities, substance abuse or mental health issues, and social or 16
behavior challenges. 17
(4)(a) The initial assessment shall be conducted as early as 18
sentencing, but, whenever possible, no later than ((forty-five)) 45 19
days of being sentenced to the jurisdiction of the department of 20
corrections. 21
(b) The incarcerated individual's individual reentry plan shall 22
be developed as soon as possible after the initial assessment is 23
conducted, but, whenever possible, no later than ((sixty)) 60 days 24
after completion of the assessment, and shall be periodically 25
reviewed and updated as appropriate. 26
(5) The individual reentry plan shall, at a minimum, include:27
(a) A plan to maintain contact with the incarcerated individual's 28
children and family, if appropriate. The plan should determine 29
whether parenting classes, or other services, are appropriate to 30
facilitate successful reunification with the incarcerated 31
individual's children and family; 32
(b) An individualized portfolio for each incarcerated individual 33
that includes the incarcerated individual's education achievements, 34
certifications, employment, work experience, skills, and any training 35
received prior to and during incarceration; and 36
(c) A plan for the incarcerated individual during the period of 37
incarceration through reentry into the community that addresses the 38
needs of the incarcerated individual including education, employment, 39
substance abuse treatment, mental health treatment, family 40
p. 53 HB 1180
reunification, and other areas which are needed to facilitate a 1
successful reintegration into the community. For any individual 2
committed to the jurisdiction of the department for a sex offense or 3
failure to register offense, the plan must also include 4
identification of barriers to registration as required by chapter 5
9A.44 RCW and include resources and tools to support compliance and 6
improve functioning in the community.7
(6)(a) Prior to discharge of any incarcerated individual, the 8
department shall: 9
(i) Evaluate the incarcerated individual's needs and, to the 10
extent possible, connect the incarcerated individual with existing 11
services and resources that meet those needs; 12
(ii) Connect the incarcerated individual with a community justice 13
center and/or community transition coordination network in the area 14
in which the incarcerated individual will be residing once released 15
from the correctional system if one exists; and 16
(iii) Ensure that every consenting incarcerated individual 17
confined in a department of corrections facility for 60 days or 18
longer possesses a valid identicard or driver's license, issued by 19
the department of licensing under chapter 46.20 RCW, prior to the 20
individual's release to the community. Issuance of the identicard or 21
driver's license must not cause a delay in the incarcerated 22
individual's release to the community or transfer to partial 23
confinement. The department must: 24
(A) Pay any application fee required for obtaining the 25
identicard; 26
(B) Provide a photo of the incarcerated individual for use on the 27
identicard under RCW 46.20.035(1), which upon request of the 28
individual must be a different photo than the individual's mug shot 29
and not indicate that the individual was incarcerated at the time of 30
the photo; and 31
(C) Obtain a signature from the individual that is acceptable to 32
the department of licensing to use for an identicard or driver's 33
license. 34
(b) If the department recommends partial confinement in an 35
incarcerated individual's individual reentry plan, the department 36
shall maximize the period of partial confinement for the incarcerated 37
individual as allowed pursuant to RCW 9.94A.728 to facilitate the 38
incarcerated individual's transition to the community.39
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(7) The department shall establish mechanisms for sharing 1
information from individual reentry plans to those persons involved 2
with the incarcerated individual's treatment, programming, and 3
reentry, when deemed appropriate. When feasible, this information 4
shall be shared electronically. 5
(8)(a) In determining the county of discharge for an incarcerated 6
individual released to community custody, the department may approve 7
a residence location that is not in the incarcerated individual's 8
county of origin if the department determines that the residence 9
location would be appropriate based on any court-ordered condition of 10
the incarcerated individual's sentence, victim safety concerns, and 11
factors that increase opportunities for successful reentry and long-12
term support including, but not limited to, location of family or 13
other sponsoring persons or organizations that will support the 14
incarcerated individual, ability to complete an educational program 15
that the incarcerated individual is enrolled in, availability of 16
appropriate programming or treatment, and access to housing, 17
employment, and prosocial influences on the person in the community.18
(b) In implementing the provisions of this subsection, the 19
department shall approve residence locations in a manner that will 20
not cause any one county to be disproportionately impacted.21
(c) If the incarcerated individual is not returned to his or her 22
county of origin, the department shall provide the law and justice 23
council of the county in which the incarcerated individual is placed 24
with a written explanation. 25
(d)(i) For purposes of this section, except as provided in 26
(d)(ii) of this subsection, the incarcerated individual's county of 27
origin means the county of the incarcerated individual's residence at 28
the time of the incarcerated individual's first felony conviction in 29
Washington state. 30
(ii) If the incarcerated individual is a homeless person as 31
defined in RCW 43.185C.010, or the incarcerated individual's 32
residence is unknown, then the incarcerated individual's county of 33
origin means the county of the incarcerated individual's first felony 34
conviction in Washington state. 35
(9) Nothing in this section creates a vested right in 36
programming, education, or other services. 37
NEW SECTION. Sec. 12. (1) The Washington association of 38
sheriffs and police chiefs must review the model policy developed 39
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under RCW 4.24.5501, and the model policy for Washington law 1
enforcement regarding adult and juvenile sex offender registration 2
and community notification, to identify opportunities to utilize 3
technology and streamline initial and ongoing registration processes, 4
including options for remote registration. 5
(2) The Washington association of sheriffs and police chiefs must 6
report its findings to the appropriate committees of the legislature 7
and the sex offender policy board no later than December 1, 2025, and 8
update the model policy as needed no later than June 1, 2026.9
NEW SECTION. Sec. 13. Sections 5 and 9 of this act expire 10
January 1, 2026.11
NEW SECTION. Sec. 14. Sections 6 and 10 of this act take effect 12
January 1, 2026.13
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