Pretrial release

AN ACT Relating to pretrial release; and amending RCW 10.21.070, 1
10.21.050, and 13.40.040. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 10.21.070 and 2010 c 254 s 9 are each amended to 4
read as follows: 5
(1) In a release order issued under RCW 10.21.030, the judicial 6
officer must: 7
(((1))) (a) Include a written statement that sets forth all the 8
conditions to which the release is subject, in a manner sufficiently 9
clear and specific to serve as a guide for the defendant's conduct; 10
and 11
(((2))) (b) Advise the defendant of: 12
(((a))) (i) The penalties for violating a condition of release, 13
including the penalties for committing an offense while on pretrial 14
release; and 15
(((b))) (ii) The consequences of violating a condition of 16
release, including the immediate issuance of a warrant for the 17
defendant's arrest. 18
(2) Where it is in the record before the court that, at the time 19
of the current offense or arrest, the defendant resisted arrest, 20
attempted to elude a police vehicle, or substantial resources were 21
H-0386.1
HOUSE BILL 1252
State of Washington 69th Legislature 2025 Regular Session
By Representatives Davis, Griffey, and Couture
Prefiled 01/10/25. Read first time 01/13/25. Referred to Committee
on Community Safety.
p. 1 HB 1252
required to apprehend the defendant, there is a rebuttable 1
presumption that personal recognizance will not reasonably assure the 2
defendant's appearance, when required. In such cases, pursuant to RCW 3
10.21.020, when the judicial officer issues an order for the person 4
to either be released on personal recognizance or released on a 5
condition or combination of conditions, the judicial officer must 6
document in writing their rationale for any of the following:7
(a) Releasing the defendant on personal recognizance;8
(b) Declining to order electronic monitoring; or9
(c) Ordering less bail than what is recommended by the 10
prosecutor.11
(3) In the written findings under subsection (2) of this section, 12
the judicial officer must specify how public safety will be ensured 13
and how the defendant's appearance will be ensured, in light of the 14
release order.15
(4) The court must submit the written findings under subsection 16
(2) of this section to the administrative office of the courts on or 17
before the next judicial day. The administrative office of the courts 18
must maintain a database where these orders may be accessed by the 19
public.20
(5) The administrative office of the courts shall publish and 21
submit annually to the legislature, the Washington association of 22
sheriffs and police chiefs, and the Washington association of 23
prosecuting attorneys a report on the number of orders issued where a 24
person is released on personal recognizance, the judicial officer 25
declines to order electronic monitoring, or the judicial officer 26
orders less bail than requested by the prosecutor under subsection 27
(2) of this section.28
(6) For the purposes of this section, "substantial resources" 29
means that law enforcement invested significant efforts into 30
apprehending a suspect including, but not limited to, involvement of 31
multiple units, canine teams, drones, or air support.32
Sec. 2. RCW 10.21.050 and 2023 c 462 s 406 are each amended to 33
read as follows: 34
The judicial officer in any felony, misdemeanor, or gross 35
misdemeanor case must, in determining whether there are conditions of 36
release that will reasonably assure the safety of any other person 37
and the community, take into account the available information 38
concerning: 39
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(1) The nature and circumstances of the offense charged, 1
including whether the offense is a crime of violence;2
(2) The weight of the evidence against the defendant; and3
(3) The history and characteristics of the defendant, including:4
(a) The defendant's character, physical and mental condition, 5
family ties, employment, financial resources, length of residence in 6
the community, community ties, past conduct, history relating to drug 7
or alcohol abuse, criminal history, and record concerning appearance 8
at court proceedings; 9
(b) Whether, at the time of the current offense or arrest, the 10
defendant was on community supervision, probation, parole, or on 11
other release pending trial, sentencing, appeal, or completion of 12
sentence for an offense under federal, state, or local law;13
(c) The nature and seriousness of the danger to any person or the 14
community that would be posed by the defendant's release; ((and))15
(d) Whether, at the time of the current offense or arrest, the 16
defendant resisted arrest, attempted to elude a police vehicle, or 17
substantial resources were required to apprehend the defendant; and18
(e) The defendant's firearms history, including purchase history, 19
any concealed pistol license history, and the requirements of RCW 20
9.41.800 regarding issuance of an order to surrender and prohibit 21
weapons. 22
(4) For the purposes of this section, "substantial resources" 23
means that law enforcement invested significant efforts into 24
apprehending a suspect including, but not limited to, involvement of 25
multiple units, canine teams, drones, or air support.26
Sec. 3. RCW 13.40.040 and 2017 3rd sp.s. c 6 s 606 are each 27
amended to read as follows: 28
(1) A juvenile may be taken into custody: 29
(a) Pursuant to a court order if a complaint is filed with the 30
court alleging, and the court finds probable cause to believe, that 31
the juvenile has committed an offense or has violated terms of a 32
disposition order or release order; or 33
(b) Without a court order, by a law enforcement officer if 34
grounds exist for the arrest of an adult in identical circumstances. 35
Admission to, and continued custody in, a court detention facility 36
shall be governed by subsection (2) of this section; or37
(c) Pursuant to a court order that the juvenile be held as a 38
material witness; or 39
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(d) Where the secretary or the secretary's designee has suspended 1
the parole of a juvenile offender. 2
(2) A juvenile may not be held in detention unless there is 3
probable cause to believe that: 4
(a) The juvenile has committed an offense or has violated the 5
terms of a disposition order; and 6
(i) The juvenile will likely fail to appear for further 7
proceedings; or 8
(ii) Detention is required to protect the juvenile from himself 9
or herself; or 10
(iii) The juvenile is a threat to community safety; or11
(iv) The juvenile will intimidate witnesses or otherwise 12
unlawfully interfere with the administration of justice; or13
(v) The juvenile has committed a crime while another case was 14
pending; or 15
(b) The juvenile is a fugitive from justice; or16
(c) The juvenile's parole has been suspended or modified; or17
(d) The juvenile is a material witness. 18
(3) Notwithstanding subsection (2) of this section, and within 19
available funds, a juvenile who has been found guilty of one of the 20
following offenses shall be detained pending disposition: Rape in the 21
first or second degree (RCW 9A.44.040 and 9A.44.050); or rape of a 22
child in the first degree (RCW 9A.44.073). 23
(4) Upon a finding that members of the community have threatened 24
the health of a juvenile taken into custody, at the juvenile's 25
request the court may order continued detention pending further order 26
of the court. 27
(5)(a) Except as provided in RCW 9.41.280, a juvenile detained 28
under this section may be released upon posting a probation bond set 29
by the court. The juvenile's parent or guardian may sign for the 30
probation bond. 31
(b)(i) A court authorizing such a release shall issue an order 32
containing a statement of conditions imposed upon the juvenile and 33
shall set the date of his or her next court appearance. The court 34
shall advise the juvenile of any conditions specified in the order 35
and may at any time amend such an order in order to impose additional 36
or different conditions of release upon the juvenile or to return the 37
juvenile to custody for failing to conform to the conditions imposed.38
(ii) Where it is in the record before the court that, at the time 39
of the current offense or arrest, the juvenile resisted arrest, 40
p. 4 HB 1252
attempted to elude a police vehicle, or substantial resources were 1
required to apprehend the juvenile, there is a rebuttable presumption 2
that the juvenile will likely fail to appear for further proceedings. 3
In such cases, the court must document in writing the rationale for 4
any of the following: 5
(A) Releasing the juvenile on personal recognizance;6
(B) Declining to order electronic monitoring as a condition of 7
release; or8
(C) Setting a probation bond that is less than what is 9
recommended by the prosecutor.10
(c) In the written findings under this subsection (5)(b)(ii), the 11
judicial officer must specify how public safety will be ensured and 12
how the juvenile's appearance will be ensured, in light of the 13
release order.14
(d) In addition to requiring the juvenile to appear at the next 15
court date, the court may condition the probation bond on the 16
juvenile's compliance with conditions of release. The juvenile's 17
parent or guardian may notify the court that the juvenile has failed 18
to conform to the conditions of release or the provisions in the 19
probation bond. 20
(e) If the parent notifies the court of the juvenile's failure to 21
comply with the probation bond, the court shall notify the surety. As 22
provided in the terms of the bond, the surety shall provide notice to 23
the court of the offender's noncompliance. 24
(f) A juvenile may be released only to a responsible adult or the 25
department of children, youth, and families. 26
(g) Failure to appear on the date scheduled by the court pursuant 27
to this section shall constitute the crime of bail jumping.28
(6) For the purposes of this section, "substantial resources" 29
means that law enforcement invested significant efforts into 30
apprehending a suspect including, but not limited to, involvement of 31
multiple units, canine teams, drones, or air support.32
--- END ---
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