Community custody

AN ACT Relating to community custody; amending RCW 72.09.310, 1
9.94A.633, 9.94A.633, 9.94A.737, 9.94A.525, 9.94A.525, 9.94A.722, and 2
9.94A.714; reenacting and amending RCW 9.94A.515; adding new sections 3
to chapter 72.09 RCW; adding a new section to chapter 71.24 RCW; 4
providing an effective date; and providing an expiration date.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 72.09.310 and 1992 c 75 s 6 are each amended to read 7
as follows: 8
(1) An inmate in community custody who willfully discontinues 9
making himself or herself available to the department for supervision 10
by making his or her whereabouts unknown or by failing to maintain 11
contact with the department as directed by the community corrections 12
officer shall be deemed an escapee and fugitive from justice, and 13
upon conviction shall be guilty of a class C felony under chapter 14
9A.20 RCW. 15
(2) The department must exercise discretion when deciding to 16
recommend to the prosecuting authority the charging of escape from 17
community custody under this section, including not recommending a 18
charge for every instance of an individual failing to make themselves 19
available to the department, but considering the severity of the 20
circumstances and prioritizing the recommendation of charging in more 21
H-0506.1
HOUSE BILL 1668
State of Washington 69th Legislature 2025 Regular Session
By Representatives Davis, Griffey, Richards, and Nance
Read first time 01/28/25. Referred to Committee on Community Safety.
p. 1 HB 1668
egregious instances, such as when the individual poses a substantial 1
risk to public safety or when the individual has willfully absconded 2
for a prolonged period or under concerning circumstances.3
NEW SECTION. Sec. 2. A new section is added to chapter 72.09 4
RCW to read as follows: 5
(1) Within five days of the department's issuance of an arrest 6
warrant for an individual under community custody who has absconded 7
from community supervision or violated any other community custody 8
conditions, community corrections officers must undertake all 9
reasonable efforts to ascertain the whereabouts of and apprehend the 10
individual subject to the warrant including coordinating with 11
department liaisons as provided for in subsection (2) of this 12
section. 13
(2) Subject to amounts appropriated for this specific purpose, 14
the department community corrections division must create a liaison 15
position to foster relationships between the division's field offices 16
and local law enforcement agencies, in order to support local law 17
enforcement assistance in apprehending supervised individuals who 18
have a department warrant. The division must also develop and 19
implement a mechanism for information sharing between the department 20
and local law enforcement agencies to facilitate the ability of local 21
law enforcement to assist in looking for and apprehending individuals 22
subject to a warrant. The focus of the department's local law 23
enforcement partnership and data sharing shall be on apprehending 24
supervised individuals who pose a substantial risk to public safety 25
or who have willfully absconded for a prolonged period of time or 26
under concerning circumstances. 27
Sec. 3. RCW 9.94A.633 and 2021 c 242 s 4 are each amended to 28
read as follows: 29
(1)(a) An offender who violates any condition or requirement of a 30
sentence may be sanctioned by the court with up to ((sixty)) 60 days' 31
confinement for each violation or by the department ((with up to 32
thirty days' confinement)) as provided in RCW 9.94A.737.33
(b) In lieu of confinement, an offender may be sanctioned with 34
work release, home detention with electronic monitoring, work crew, 35
community restitution, inpatient treatment, daily reporting, curfew, 36
educational or counseling sessions, supervision enhanced through 37
electronic monitoring, or any other community-based sanctions.38
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(2) If an offender was under community custody pursuant to one of 1
the following statutes, the offender may be sanctioned as follows:2
(a) If the offender was transferred to community custody in lieu 3
of earned early release in accordance with RCW 9.94A.728, the 4
offender may be transferred to a more restrictive confinement status 5
to serve up to the remaining portion of the sentence, less credit for 6
any period actually spent in community custody or in detention 7
awaiting disposition of an alleged violation. 8
(b) If the offender was sentenced under the drug offender 9
sentencing alternative set out in RCW 9.94A.660, the offender may be 10
sanctioned in accordance with that section. 11
(c) If the offender was sentenced under the parenting sentencing 12
alternative set out in RCW 9.94A.655, the offender may be sanctioned 13
in accordance with that section. 14
(d) If the offender was sentenced under the special sex offender 15
sentencing alternative set out in RCW 9.94A.670, the suspended 16
sentence may be revoked and the offender committed to serve the 17
original sentence of confinement. 18
(e) If the offender was sentenced under the mental health 19
sentencing alternative set out in RCW 9.94A.695, the offender may be 20
sanctioned in accordance with that section. 21
(f) If the offender was sentenced to a work ethic camp pursuant 22
to RCW 9.94A.690, the offender may be reclassified to serve the 23
unexpired term of his or her sentence in total confinement.24
(g) If a sex offender was sentenced pursuant to RCW 9.94A.507, 25
the offender may be transferred to a more restrictive confinement 26
status to serve up to the remaining portion of the sentence, less 27
credit for any period actually spent in community custody or in 28
detention awaiting disposition of an alleged violation.29
(3) If a probationer is being supervised by the department 30
pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, the probationer may 31
be sanctioned pursuant to subsection (1) of this section. The 32
department shall have authority to issue a warrant for the arrest of 33
an offender who violates a condition of community custody, as 34
provided in RCW 9.94A.716. Any sanctions shall be imposed by the 35
department pursuant to RCW 9.94A.737. Nothing in this subsection is 36
intended to limit the power of the sentencing court to respond to a 37
probationer's violation of conditions. 38
p. 3 HB 1668
(4) The parole or probation of an offender who is charged with a 1
new felony offense may be suspended and the offender placed in total 2
confinement pending disposition of the new criminal charges if:3
(a) The offender is on parole pursuant to RCW 9.95.110(1); or4
(b) The offender is being supervised pursuant to RCW 9.94A.745 5
and is on parole or probation pursuant to the laws of another state.6
Sec. 4. RCW 9.94A.633 and 2024 c 306 s 7 are each amended to 7
read as follows: 8
(1)(a) An offender who violates any condition or requirement of a 9
sentence may be sanctioned by the court with up to 60 days' 10
confinement for each violation or by the department ((with up to 30 11
days' confinement)) as provided in RCW 9.94A.737. 12
(b) In lieu of confinement, an offender may be sanctioned with 13
work release, home detention with electronic monitoring, work crew, 14
community restitution, inpatient treatment, daily reporting, curfew, 15
educational or counseling sessions, supervision enhanced through 16
electronic monitoring, or any other community-based sanctions.17
(2) If an offender was under community custody pursuant to one of 18
the following statutes, the offender may be sanctioned as follows:19
(a) If the offender was transferred to community custody in lieu 20
of earned early release in accordance with RCW 9.94A.728, the 21
offender may be transferred to a more restrictive confinement status 22
to serve up to the remaining portion of the sentence, less credit for 23
any period actually spent in community custody or in detention 24
awaiting disposition of an alleged violation. 25
(b) If the offender was sentenced under the drug offender 26
sentencing alternative set out in RCW 9.94A.660, the offender may be 27
sanctioned in accordance with that section. 28
(c) If the offender was sentenced under the drug offender 29
sentencing alternative for driving under the influence set out in RCW 30
9.94A.661, the offender may be sanctioned in accordance with that 31
section. 32
(d) If the offender was sentenced under the parenting sentencing 33
alternative set out in RCW 9.94A.655, the offender may be sanctioned 34
in accordance with that section. 35
(e) If the offender was sentenced under the special sex offender 36
sentencing alternative set out in RCW 9.94A.670, the suspended 37
sentence may be revoked and the offender committed to serve the 38
original sentence of confinement. 39
p. 4 HB 1668
(f) If the offender was sentenced under the mental health 1
sentencing alternative set out in RCW 9.94A.695, the offender may be 2
sanctioned in accordance with that section. 3
(g) If the offender was sentenced to a work ethic camp pursuant 4
to RCW 9.94A.690, the offender may be reclassified to serve the 5
unexpired term of his or her sentence in total confinement.6
(h) If a sex offender was sentenced pursuant to RCW 9.94A.507, 7
the offender may be transferred to a more restrictive confinement 8
status to serve up to the remaining portion of the sentence, less 9
credit for any period actually spent in community custody or in 10
detention awaiting disposition of an alleged violation.11
(3) If a probationer is being supervised by the department 12
pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, the probationer may 13
be sanctioned pursuant to subsection (1) of this section. The 14
department shall have authority to issue a warrant for the arrest of 15
an offender who violates a condition of community custody, as 16
provided in RCW 9.94A.716. Any sanctions shall be imposed by the 17
department pursuant to RCW 9.94A.737. Nothing in this subsection is 18
intended to limit the power of the sentencing court to respond to a 19
probationer's violation of conditions. 20
(4) The parole or probation of an offender who is charged with a 21
new felony offense may be suspended and the offender placed in total 22
confinement pending disposition of the new criminal charges if:23
(a) The offender is on parole pursuant to RCW 9.95.110(1); or24
(b) The offender is being supervised pursuant to RCW 9.94A.745 25
and is on parole or probation pursuant to the laws of another state.26
Sec. 5. RCW 9.94A.737 and 2020 c 82 s 1 are each amended to read 27
as follows: 28
(1) If an offender is accused of violating any condition or 29
requirement of community custody, the department shall address the 30
violation behavior. The department may hold offender disciplinary 31
proceedings not subject to chapter 34.05 RCW. The department shall 32
notify the offender in writing of the violation process.33
(2)(a) The offender's violation behavior shall determine the 34
sanction the department imposes. The department shall adopt rules 35
creating a structured violation process that includes presumptive 36
sanctions, aggravating and mitigating factors, and definitions for 37
low level violations and high level violations. 38
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(b) After an offender has committed and been sanctioned for five 1
low level violations, subsequent violations committed by that 2
offender may be considered high level violations, provided that any 3
decision to elevate a violation complies with policies and rules 4
established by the department. 5
(c)(i) The department must define aggravating factors that 6
indicate the offender may present a current and ongoing foreseeable 7
risk and which therefore elevate an offender's behavior to a high 8
level violation process. 9
(ii) The state and its officers, agents, and employees may not be 10
held criminally or civilly liable for a decision to elevate or not to 11
elevate an offender's behavior to a high level violation process 12
under this subsection unless the state or its officers, agents, and 13
employees acted with reckless disregard. 14
(3) The department may intervene when an offender commits a low 15
level violation by sanctioning the offender to one or more 16
nonconfinement sanctions or to not more than three days in total 17
confinement. 18
(a) The department shall develop rules to ensure that each 19
offender subject to a short-term confinement sanction is provided the 20
opportunity to respond to the alleged violation prior to imposition 21
of total confinement. 22
(b) The offender may appeal the short-term confinement sanction 23
to a panel of three reviewing officers designated by the secretary or 24
by the secretary's designee. The offender's appeal must be in writing 25
and hand-delivered to department staff, or postmarked, within seven 26
days after the sanction is imposed. 27
(4) If an offender is accused of committing a high level 28
violation, the department may sanction the offender to not more than 29
thirty days in total confinement per hearing ((.)), except as provided 30
herein:31
(a) The offender is entitled to a hearing prior to the imposition 32
of sanctions; ((and))33
(b) The offender may be held in total confinement pending a 34
sanction hearing. Prehearing time served must be credited to the 35
offender's sanction time; and36
(c) An offender may receive a sanction of greater than 30 days in 37
total confinement per hearing if a request for such a sanction has 38
been made and granted under subsection (6)(d) of this section.39
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(5) If the offender's underlying offense is one of the following 1
felonies provided in this subsection and the violation behavior 2
constitutes a new misdemeanor, gross misdemeanor, or felony, the 3
offender shall be held in total confinement pending a sanction 4
hearing, and until the earlier of: The date the sanction expires; the 5
date a prosecuting attorney files new charges against the offender; 6
or the date a prosecuting attorney provides the department with 7
written notice that new charges will not be filed for the violation 8
behavior. The following underlying offenses apply to the restrictions 9
in this subsection: 10
(a) Assault in the first degree, as defined in RCW 9A.36.011;11
(b) Assault of a child in the first degree, as defined in RCW 12
9A.36.120; 13
(c) Assault of a child in the second degree, as defined in RCW 14
9A.36.130; 15
(d) Burglary in the first degree, as defined in RCW 9A.52.020;16
(e) Child molestation in the first degree, as defined in RCW 17
9A.44.083; 18
(f) Commercial sexual abuse of a minor, as defined in RCW 19
9.68A.100; 20
(g) Dealing in depictions of a minor engaged in sexually explicit 21
conduct, as defined in RCW 9.68A.050; 22
(h) Homicide by abuse, as defined in RCW 9A.32.055;23
(i) Indecent liberties with forcible compulsion, as defined in 24
RCW 9A.44.100(1)(a); 25
(j) Indecent liberties with a person capable of consent, as 26
defined in RCW 9A.44.100(1)(b); 27
(k) Kidnapping in the first degree, as defined in RCW 9A.40.020;28
(l) Murder in the first degree, as defined in RCW 9A.32.030;29
(m) Murder in the second degree, as defined in RCW 9A.32.050;30
(n) Promoting commercial sexual abuse of a minor, as defined in 31
RCW 9.68A.101; 32
(o) Rape in the first degree, as defined in RCW 9A.44.040;33
(p) Rape in the second degree, as defined in RCW 9A.44.050;34
(q) Rape of a child in the first degree, as defined in RCW 35
9A.44.073; 36
(r) Rape of a child in the second degree, as defined in RCW 37
9A.44.076; 38
(s) Robbery in the first degree, as defined in RCW 9A.56.200;39
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(t) Sexual exploitation of a minor, as defined in RCW 9.68A.040; 1
or 2
(u) Vehicular homicide while under the influence of intoxicating 3
liquor or any drug, as defined in RCW 46.61.520(1)(a).4
(6) The department shall adopt rules creating hearing procedures 5
for high level violations. The hearings are offender disciplinary 6
proceedings and are not subject to chapter 34.05 RCW. The procedures 7
shall include the following: 8
(a) The department shall provide the offender with written notice 9
of the alleged violation and the evidence supporting it. The notice 10
must include a statement of the rights specified in this subsection, 11
and the offender's right to file a personal restraint petition under 12
court rules after the final decision; 13
(b) Unless the offender waives the right to a hearing, the 14
department shall hold a hearing, and shall record it electronically. 15
For offenders not in total confinement, the department shall hold a 16
hearing within fifteen business days, but not less than twenty-four 17
hours, after written notice of the alleged violation. For offenders 18
in total confinement, the department shall hold a hearing within five 19
business days, but not less than twenty-four hours, after written 20
notice of the alleged violation; 21
(c) The offender shall have the right to: (i) Be present at the 22
hearing; (ii) have the assistance of a person qualified to assist the 23
offender in the hearing, appointed by the hearing officer if the 24
offender has a language or communications barrier; (iii) testify or 25
remain silent; (iv) call witnesses and present documentary evidence; 26
(v) question witnesses who appear and testify; and (vi) receive a 27
written summary of the reasons for the hearing officer's decision; 28
and 29
(d) The department shall establish and implement a process 30
whereby a community corrections officer may request, and the 31
department may impose, a sanction of greater than 30 days of total 32
confinement if an individual poses a substantial risk to public 33
safety or has absconded for a prolonged period of time or under 34
concerning circumstances.35
(e) The sanction shall take effect if affirmed by the hearing 36
officer. The offender may appeal the sanction to a panel of three 37
reviewing officers designated by the secretary or by the secretary's 38
designee. The offender's appeal must be in writing and hand-delivered 39
to department staff, or postmarked, within seven days after the 40
p. 8 HB 1668
sanction was imposed. The appeals panel shall affirm, reverse, 1
modify, vacate, or remand based on its findings. If a majority of the 2
panel finds that the sanction was not reasonably related to any of 3
the following: (i) The crime of conviction; (ii) the violation 4
committed; (iii) the offender's risk of reoffending; or (iv) the 5
safety of the community, then the panel will reverse, vacate, remand, 6
or modify the sanction. 7
(7) For purposes of this section, the hearings officer may not 8
rely on unconfirmed or unconfirmable allegations to find that the 9
offender violated a condition. 10
(8) Hearing officers shall report through a chain of command 11
separate from that of community corrections officers.12
Sec. 6. RCW 9.94A.525 and 2023 c 415 s 2 are each amended to 13
read as follows: 14
The offender score is measured on the horizontal axis of the 15
sentencing grid. The offender score rules are as follows:16
The offender score is the sum of points accrued under this 17
section rounded down to the nearest whole number. 18
(1)(a) A prior conviction is a conviction which exists before the 19
date of sentencing for the offense for which the offender score is 20
being computed. Convictions entered or sentenced on the same date as 21
the conviction for which the offender score is being computed shall 22
be deemed "other current offenses" within the meaning of RCW 23
9.94A.589. 24
(b) For the purposes of this section, adjudications of guilt 25
pursuant to Title 13 RCW which are not murder in the first or second 26
degree or class A felony sex offenses may not be included in the 27
offender score. 28
(2)(a) Class A and sex prior felony convictions shall always be 29
included in the offender score. 30
(b) Class B prior felony convictions other than sex offenses 31
shall not be included in the offender score, if since the last date 32
of release from confinement (including full-time residential 33
treatment) pursuant to a felony conviction, if any, or entry of 34
judgment and sentence, the offender had spent ten consecutive years 35
in the community without committing any crime that subsequently 36
results in a conviction. 37
(c) Except as provided in (e) of this subsection, class C prior 38
felony convictions other than sex offenses shall not be included in 39
p. 9 HB 1668
the offender score if, since the last date of release from 1
confinement (including full-time residential treatment) pursuant to a 2
felony conviction, if any, or entry of judgment and sentence, the 3
offender had spent five consecutive years in the community without 4
committing any crime that subsequently results in a conviction.5
(d) Except as provided in (e) of this subsection, serious traffic 6
convictions shall not be included in the offender score if, since the 7
last date of release from confinement (including full-time 8
residential treatment) pursuant to a conviction, if any, or entry of 9
judgment and sentence, the offender spent five years in the community 10
without committing any crime that subsequently results in a 11
conviction. 12
(e) If the present conviction is felony driving while under the 13
influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or 14
felony physical control of a vehicle while under the influence of 15
intoxicating liquor or any drug (RCW 46.61.504(6)), all predicate 16
crimes for the offense as defined by RCW 46.61.5055(14) shall be 17
included in the offender score, and prior convictions for felony 18
driving while under the influence of intoxicating liquor or any drug 19
(RCW 46.61.502(6)) or felony physical control of a vehicle while 20
under the influence of intoxicating liquor or any drug (RCW 21
46.61.504(6)) shall always be included in the offender score. All 22
other convictions of the defendant shall be scored according to this 23
section. 24
(f) Prior convictions for a repetitive domestic violence offense, 25
as defined in RCW 9.94A.030, shall not be included in the offender 26
score if, since the last date of release from confinement or entry of 27
judgment and sentence, the offender had spent ten consecutive years 28
in the community without committing any crime that subsequently 29
results in a conviction. 30
(g) This subsection applies to both prior adult convictions and 31
prior juvenile adjudications. 32
(3) Out-of-state convictions for offenses shall be classified 33
according to the comparable offense definitions and sentences 34
provided by Washington law. Federal convictions for offenses shall be 35
classified according to the comparable offense definitions and 36
sentences provided by Washington law. Neither out-of-state or federal 37
convictions which would have been presumptively adjudicated in 38
juvenile court under Washington law may be included in the offender 39
score unless they are comparable to murder in the first or second 40
p. 10 HB 1668
degree or a class A felony sex offense. If there is no clearly 1
comparable offense under Washington law or the offense is one that is 2
usually considered subject to exclusive federal jurisdiction, the 3
offense shall be scored as a class C felony equivalent if it was a 4
felony under the relevant federal statute. 5
(4) Score prior convictions for felony anticipatory offenses 6
(attempts, criminal solicitations, and criminal conspiracies) the 7
same as if they were convictions for completed offenses.8
(5)(a) In the case of multiple prior convictions, for the purpose 9
of computing the offender score, count all convictions separately, 10
except: 11
(i) Prior offenses which were found, under RCW 9.94A.589(1)(a), 12
to encompass the same criminal conduct, shall be counted as one 13
offense, the offense that yields the highest offender score. The 14
current sentencing court shall determine with respect to other prior 15
adult offenses for which sentences were served concurrently or prior 16
juvenile offenses for which sentences were served consecutively, 17
whether those offenses shall be counted as one offense or as separate 18
offenses using the "same criminal conduct" analysis found in RCW 19
9.94A.589(1)(a), and if the court finds that they shall be counted as 20
one offense, then the offense that yields the highest offender score 21
shall be used. The current sentencing court may presume that such 22
other prior offenses were not the same criminal conduct from 23
sentences imposed on separate dates, or in separate counties or 24
jurisdictions, or in separate complaints, indictments, or 25
informations; 26
(ii) In the case of multiple prior convictions for offenses 27
committed before July 1, 1986, for the purpose of computing the 28
offender score, count all convictions or adjudications served 29
concurrently as one offense. Use the conviction for the offense that 30
yields the highest offender score. 31
(b) As used in this subsection (5), "served concurrently" means 32
that: (i) The latter sentence was imposed with specific reference to 33
the former; (ii) the concurrent relationship of the sentences was 34
judicially imposed; and (iii) the concurrent timing of the sentences 35
was not the result of a probation or parole revocation on the former 36
offense. 37
(6) If the present conviction is one of the anticipatory offenses 38
of criminal attempt, solicitation, or conspiracy, count each prior 39
conviction as if the present conviction were for a completed offense. 40
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When these convictions are used as criminal history, score them the 1
same as a completed crime. 2
(7) If the present conviction is for a nonviolent offense and not 3
covered by subsection (11), (12), or (13) of this section, count one 4
point for each adult prior felony conviction and one point for each 5
juvenile prior violent felony conviction which is scorable under 6
subsection (1)(b) of this section. 7
(8) If the present conviction is for a violent offense and not 8
covered in subsection (9), (10), (11), (12), or (13) of this section, 9
count two points for each prior adult violent felony conviction and 10
juvenile violent felony conviction which is scorable under subsection 11
(1)(b) of this section, and one point for each prior adult nonviolent 12
felony conviction. 13
(9) If the present conviction is for a serious violent offense, 14
count three points for prior adult convictions and juvenile 15
convictions which are scorable under subsection (1)(b) of this 16
section for crimes in this category, two points for each prior adult 17
and scorable juvenile violent conviction (not already counted), and 18
one point for each prior adult nonviolent felony conviction.19
(10) If the present conviction is for Burglary 1, count prior 20
convictions as in subsection (8) of this section; however count two 21
points for each prior Burglary 2 or residential burglary conviction.22
(11) If the present conviction is for a felony traffic offense 23
count two points for each prior conviction for Vehicular Homicide or 24
Vehicular Assault; for each felony offense count one point for each 25
adult prior conviction and 1/2 point for each juvenile prior 26
conviction which is scorable under subsection (1)(b) of this section; 27
for each serious traffic offense, other than those used for an 28
enhancement pursuant to RCW 46.61.520(2), count one point for each 29
adult prior conviction and 1/2 point for each juvenile prior 30
conviction which is scorable under subsection (1)(b) of this section; 31
count one point for each adult prior conviction for operation of a 32
vessel while under the influence of intoxicating liquor or any drug.33
(12) If the present conviction is for homicide by watercraft or 34
assault by watercraft count two points for each adult prior 35
conviction for homicide by watercraft or assault by watercraft; for 36
each felony offense count one point for each adult prior conviction 37
and 1/2 point for each juvenile prior conviction which would be 38
scorable under subsection (1)(b) of this section; count one point for 39
each adult prior conviction for driving under the influence of 40
p. 12 HB 1668
intoxicating liquor or any drug, actual physical control of a motor 1
vehicle while under the influence of intoxicating liquor or any drug, 2
or operation of a vessel while under the influence of intoxicating 3
liquor or any drug. 4
(13) If the present conviction is for manufacture of 5
methamphetamine count three points for each adult prior manufacture 6
of methamphetamine conviction. If the present conviction is for a 7
drug offense and the offender has a criminal history that includes a 8
sex offense or serious violent offense, count three points for each 9
adult prior felony drug offense conviction. All other felonies are 10
scored as in subsection (8) of this section if the current drug 11
offense is violent, or as in subsection (7) of this section if the 12
current drug offense is nonviolent. 13
(14) ((If the present conviction is for Escape from Community 14
Custody, RCW 72.09.310, count only adult prior escape convictions in 15
the offender score. Count prior escape convictions as one point.16
(15))) If the present conviction is for Escape 1, RCW 9A.76.110, 17
or Escape 2, RCW 9A.76.120, count adult prior convictions as one 18
point and juvenile prior convictions which are scorable under 19
subsection (1)(b) of this section as 1/2 point. 20
(((16))) (15) If the present conviction is for Burglary 2 or 21
residential burglary, count priors as in subsection (7) of this 22
section; however, count two points for each prior Burglary 1 23
conviction, and two points for each prior Burglary 2 or residential 24
burglary conviction. 25
(((17))) (16) If the present conviction is for a sex offense, 26
count priors as in subsections (7) through (11) and (13) through 27
(((16))) (15) of this section; however count three points for each 28
adult prior sex offense conviction and juvenile prior class A felony 29
sex offense adjudication. 30
(((18))) (17) If the present conviction is for failure to 31
register as a sex offender under RCW 9A.44.130 or 9A.44.132, count 32
priors as in subsections (7) through (11) and (13) through (((16))) 33
(15) of this section; however count three points for each adult prior 34
sex offense conviction and juvenile prior sex offense conviction 35
which is scorable under subsection (1)(b) of this section, excluding 36
adult prior convictions for failure to register as a sex offender 37
under RCW 9A.44.130 or 9A.44.132, which shall count as one point.38
(((19))) (18) If the present conviction is for an offense 39
committed while the offender was under community custody, add one 40
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point. For purposes of this subsection, community custody includes 1
community placement or postrelease supervision, as defined in chapter 2
9.94B RCW. 3
(((20))) (19) If the present conviction is for Theft of a Motor 4
Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle 5
Without Permission 1, or Taking a Motor Vehicle Without Permission 2, 6
count priors as in subsections (7) through (((18))) (17) of this 7
section; however count one point for prior convictions of Vehicle 8
Prowling 2, and three points for each adult prior Theft 1 (of a motor 9
vehicle), Theft 2 (of a motor vehicle), Possession of Stolen Property 10
1 (of a motor vehicle), Possession of Stolen Property 2 (of a motor 11
vehicle), Theft of a Motor Vehicle, Possession of a Stolen Vehicle, 12
Taking a Motor Vehicle Without Permission 1, or Taking a Motor 13
Vehicle Without Permission 2 conviction. 14
(((21))) (20) If the present conviction is for a felony domestic 15
violence offense where domestic violence as defined in RCW 9.94A.030 16
was pleaded and proven, count priors as in subsections (7) through 17
(((20))) (19) of this section; however, count points as follows:18
(a) Count two points for each adult prior conviction where 19
domestic violence as defined in RCW 9.94A.030 was pleaded and proven 20
after August 1, 2011, for any of the following offenses: A felony 21
violation of a no -contact or protection order (RCW 7.105.450 or 22
former RCW 26.50.110), felony Harassment (RCW 9A.46.020(2)(b)), 23
felony Stalking (RCW 9A.46.110(5)(b)), Burglary 1 (RCW 9A.52.020), 24
Kidnapping 1 (RCW 9A.40.020), Kidnapping 2 (RCW 9A.40.030), Unlawful 25
imprisonment (RCW 9A.40.040), Robbery 1 (RCW 9A.56.200), Robbery 2 26
(RCW 9A.56.210), Assault 1 (RCW 9A.36.011), Assault 2 (RCW 27
9A.36.021), Assault 3 (RCW 9A.36.031), Arson 1 (RCW 9A.48.020), or 28
Arson 2 (RCW 9A.48.030); 29
(b) Count two points for each adult prior conviction where 30
domestic violence as defined in RCW 9.94A.030 was pleaded and proven 31
after July 23, 2017, for any of the following offenses: Assault of a 32
child in the first degree, RCW 9A.36.120; Assault of a child in the 33
second degree, RCW 9A.36.130; Assault of a child in the third degree, 34
RCW 9A.36.140; Criminal Mistreatment in the first degree, RCW 35
9A.42.020; or Criminal Mistreatment in the second degree, RCW 36
9A.42.030; and 37
(c) Count one point for each adult prior conviction for a 38
repetitive domestic violence offense as defined in RCW 9.94A.030, 39
p. 14 HB 1668
where domestic violence as defined in RCW 9.94A.030, was pleaded and 1
proven after August 1, 2011. 2
(((22))) (21) The fact that a prior conviction was not included 3
in an offender's offender score or criminal history at a previous 4
sentencing shall have no bearing on whether it is included in the 5
criminal history or offender score for the current offense. Prior 6
convictions that were not counted in the offender score or included 7
in criminal history under repealed or previous versions of the 8
sentencing reform act shall be included in criminal history and shall 9
count in the offender score if the current version of the sentencing 10
reform act requires including or counting those convictions. Prior 11
convictions that were not included in criminal history or in the 12
offender score shall be included upon any resentencing to ensure 13
imposition of an accurate sentence. 14
Sec. 7. RCW 9.94A.525 and 2024 c 306 s 6 are each amended to 15
read as follows: 16
The offender score is measured on the horizontal axis of the 17
sentencing grid. The offender score rules are as follows:18
The offender score is the sum of points accrued under this 19
section rounded down to the nearest whole number. 20
(1)(a) A prior conviction is a conviction which exists before the 21
date of sentencing for the offense for which the offender score is 22
being computed. Convictions entered or sentenced on the same date as 23
the conviction for which the offender score is being computed shall 24
be deemed "other current offenses" within the meaning of RCW 25
9.94A.589. 26
(b) For the purposes of this section, adjudications of guilt 27
pursuant to Title 13 RCW which are not murder in the first or second 28
degree or class A felony sex offenses may not be included in the 29
offender score. 30
(2)(a) Class A and sex prior felony convictions shall always be 31
included in the offender score. 32
(b) Class B prior felony convictions other than sex offenses 33
shall not be included in the offender score, if since the last date 34
of release from confinement (including full-time residential 35
treatment) pursuant to a felony conviction, if any, or entry of 36
judgment and sentence, the offender had spent 10 consecutive years in 37
the community without committing any crime that subsequently results 38
in a conviction. 39
p. 15 HB 1668
(c) Except as provided in (e) of this subsection, class C prior 1
felony convictions other than sex offenses shall not be included in 2
the offender score if, since the last date of release from 3
confinement (including full-time residential treatment) pursuant to a 4
felony conviction, if any, or entry of judgment and sentence, the 5
offender had spent five consecutive years in the community without 6
committing any crime that subsequently results in a conviction.7
(d) Except as provided in (e) of this subsection, serious traffic 8
convictions shall not be included in the offender score if, since the 9
last date of release from confinement (including full-time 10
residential treatment) pursuant to a conviction, if any, or entry of 11
judgment and sentence, the offender spent five years in the community 12
without committing any crime that subsequently results in a 13
conviction. 14
(e) If the present conviction is felony driving while under the 15
influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or 16
felony physical control of a vehicle while under the influence of 17
intoxicating liquor or any drug (RCW 46.61.504(6)), all predicate 18
crimes for the offense as defined by RCW 46.61.5055(14) shall be 19
included in the offender score, and prior convictions for felony 20
driving while under the influence of intoxicating liquor or any drug 21
(RCW 46.61.502(6)) or felony physical control of a vehicle while 22
under the influence of intoxicating liquor or any drug (RCW 23
46.61.504(6)) shall always be included in the offender score. All 24
other convictions of the defendant shall be scored according to this 25
section. 26
(f) Prior convictions for a repetitive domestic violence offense, 27
as defined in RCW 9.94A.030, shall not be included in the offender 28
score if, since the last date of release from confinement or entry of 29
judgment and sentence, the offender had spent 10 consecutive years in 30
the community without committing any crime that subsequently results 31
in a conviction. 32
(g) This subsection applies to both prior adult convictions and 33
prior juvenile adjudications. 34
(3) Out-of-state convictions for offenses shall be classified 35
according to the comparable offense definitions and sentences 36
provided by Washington law. Federal convictions for offenses shall be 37
classified according to the comparable offense definitions and 38
sentences provided by Washington law. Neither out-of-state or federal 39
convictions which would have been presumptively adjudicated in 40
p. 16 HB 1668
juvenile court under Washington law may be included in the offender 1
score unless they are comparable to murder in the first or second 2
degree or a class A felony sex offense. If there is no clearly 3
comparable offense under Washington law or the offense is one that is 4
usually considered subject to exclusive federal jurisdiction, the 5
offense shall be scored as a class C felony equivalent if it was a 6
felony under the relevant federal statute. 7
(4) Score prior convictions for felony anticipatory offenses 8
(attempts, criminal solicitations, and criminal conspiracies) the 9
same as if they were convictions for completed offenses.10
(5)(a) In the case of multiple prior convictions, for the purpose 11
of computing the offender score, count all convictions separately, 12
except: 13
(i) Prior offenses which were found, under RCW 9.94A.589(1)(a), 14
to encompass the same criminal conduct, shall be counted as one 15
offense, the offense that yields the highest offender score. The 16
current sentencing court shall determine with respect to other prior 17
adult offenses for which sentences were served concurrently or prior 18
juvenile offenses for which sentences were served consecutively, 19
whether those offenses shall be counted as one offense or as separate 20
offenses using the "same criminal conduct" analysis found in RCW 21
9.94A.589(1)(a), and if the court finds that they shall be counted as 22
one offense, then the offense that yields the highest offender score 23
shall be used. The current sentencing court may presume that such 24
other prior offenses were not the same criminal conduct from 25
sentences imposed on separate dates, or in separate counties or 26
jurisdictions, or in separate complaints, indictments, or 27
informations; 28
(ii) In the case of multiple prior convictions for offenses 29
committed before July 1, 1986, for the purpose of computing the 30
offender score, count all convictions or adjudications served 31
concurrently as one offense. Use the conviction for the offense that 32
yields the highest offender score. 33
(b) As used in this subsection (5), "served concurrently" means 34
that: (i) The latter sentence was imposed with specific reference to 35
the former; (ii) the concurrent relationship of the sentences was 36
judicially imposed; and (iii) the concurrent timing of the sentences 37
was not the result of a probation or parole revocation on the former 38
offense. 39
p. 17 HB 1668
(6) If the present conviction is one of the anticipatory offenses 1
of criminal attempt, solicitation, or conspiracy, count each prior 2
conviction as if the present conviction were for a completed offense. 3
When these convictions are used as criminal history, score them the 4
same as a completed crime. 5
(7) If the present conviction is for a nonviolent offense and not 6
covered by subsection (11), (12), or (13) of this section, count one 7
point for each adult prior felony conviction and one point for each 8
juvenile prior violent felony conviction which is scorable under 9
subsection (1)(b) of this section. 10
(8) If the present conviction is for a violent offense and not 11
covered in subsection (9), (10), (11), (12), or (13) of this section, 12
count two points for each prior adult violent felony conviction and 13
juvenile violent felony conviction which is scorable under subsection 14
(1)(b) of this section, and one point for each prior adult nonviolent 15
felony conviction. 16
(9) If the present conviction is for a serious violent offense, 17
count three points for prior adult convictions and juvenile 18
convictions which are scorable under subsection (1)(b) of this 19
section for crimes in this category, two points for each prior adult 20
and scorable juvenile violent conviction (not already counted), and 21
one point for each prior adult nonviolent felony conviction.22
(10) If the present conviction is for Burglary 1, count prior 23
convictions as in subsection (8) of this section; however count two 24
points for each prior Burglary 2 or residential burglary conviction.25
(11) If the present conviction is for a felony traffic offense 26
count two points for each prior conviction for Vehicular Homicide or 27
Vehicular Assault; for each felony offense count one point for each 28
adult prior conviction and 1/2 point for each juvenile prior 29
conviction which is scorable under subsection (1)(b) of this section; 30
for each serious traffic offense, other than those used for an 31
enhancement pursuant to RCW 46.61.520(2), count one point for each 32
adult prior conviction and 1/2 point for each juvenile prior 33
conviction which is scorable under subsection (1)(b) of this section; 34
count one point for each adult prior conviction for operation of a 35
vessel while under the influence of intoxicating liquor or any drug; 36
count one point for a deferred prosecution granted under chapter 37
10.05 RCW for a second or subsequent violation of RCW 46.61.502 or 38
46.61.504, or an equivalent local ordinance. 39
p. 18 HB 1668
(12) If the present conviction is for homicide by watercraft or 1
assault by watercraft count two points for each adult prior 2
conviction for homicide by watercraft or assault by watercraft; for 3
each felony offense count one point for each adult prior conviction 4
and 1/2 point for each juvenile prior conviction which would be 5
scorable under subsection (1)(b) of this section; count one point for 6
each adult prior conviction for driving under the influence of 7
intoxicating liquor or any drug, actual physical control of a motor 8
vehicle while under the influence of intoxicating liquor or any drug, 9
or operation of a vessel while under the influence of intoxicating 10
liquor or any drug. 11
(13) If the present conviction is for manufacture of 12
methamphetamine count three points for each adult prior manufacture 13
of methamphetamine conviction. If the present conviction is for a 14
drug offense and the offender has a criminal history that includes a 15
sex offense or serious violent offense, count three points for each 16
adult prior felony drug offense conviction. All other felonies are 17
scored as in subsection (8) of this section if the current drug 18
offense is violent, or as in subsection (7) of this section if the 19
current drug offense is nonviolent. 20
(14) ((If the present conviction is for Escape from Community 21
Custody, RCW 72.09.310, count only adult prior escape convictions in 22
the offender score. Count prior escape convictions as one point.23
(15))) If the present conviction is for Escape 1, RCW 9A.76.110, 24
or Escape 2, RCW 9A.76.120, count adult prior convictions as one 25
point and juvenile prior convictions which are scorable under 26
subsection (1)(b) of this section as 1/2 point. 27
(((16))) (15) If the present conviction is for Burglary 2 or 28
residential burglary, count priors as in subsection (7) of this 29
section; however, count two points for each prior Burglary 1 30
conviction, and two points for each prior Burglary 2 or residential 31
burglary conviction. 32
(((17))) (16) If the present conviction is for a sex offense, 33
count priors as in subsections (7) through (11) and (13) through 34
(((16))) (15) of this section; however, count three points for each 35
adult prior sex offense conviction and juvenile prior class A felony 36
sex offense adjudication. 37
(((18))) (17) If the present conviction is for failure to 38
register as a sex offender under RCW 9A.44.130 or 9A.44.132, count 39
priors as in subsections (7) through (11) and (13) through (((16))) 40
p. 19 HB 1668
(15) of this section; however, count three points for each adult 1
prior sex offense conviction and juvenile prior sex offense 2
conviction which is scorable under subsection (1)(b) of this section, 3
excluding adult prior convictions for failure to register as a sex 4
offender under RCW 9A.44.130 or 9A.44.132, which shall count as one 5
point. 6
(((19))) (18) If the present conviction is for an offense 7
committed while the offender was under community custody, add one 8
point. For purposes of this subsection, community custody includes 9
community placement or postrelease supervision, as defined in chapter 10
9.94B RCW. 11
(((20))) (19) If the present conviction is for Theft of a Motor 12
Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle 13
Without Permission 1, or Taking a Motor Vehicle Without Permission 2, 14
count priors as in subsections (7) through (((18))) (17) of this 15
section; however count one point for prior convictions of Vehicle 16
Prowling 2, and three points for each adult prior Theft 1 (of a motor 17
vehicle), Theft 2 (of a motor vehicle), Possession of Stolen Property 18
1 (of a motor vehicle), Possession of Stolen Property 2 (of a motor 19
vehicle), Theft of a Motor Vehicle, Possession of a Stolen Vehicle, 20
Taking a Motor Vehicle Without Permission 1, or Taking a Motor 21
Vehicle Without Permission 2 conviction. 22
(((21))) (20) If the present conviction is for a felony domestic 23
violence offense where domestic violence as defined in RCW 9.94A.030 24
was pleaded and proven, count priors as in subsections (7) through 25
(((20))) (19) of this section; however, count points as follows:26
(a) Count two points for each adult prior conviction where 27
domestic violence as defined in RCW 9.94A.030 was pleaded and proven 28
after August 1, 2011, for any of the following offenses: A felony 29
violation of a no -contact or protection order (RCW 7.105.450 or 30
former RCW 26.50.110), felony Harassment (RCW 9A.46.020(2)(b)), 31
felony Stalking (RCW 9A.46.110(5)(b)), Burglary 1 (RCW 9A.52.020), 32
Kidnapping 1 (RCW 9A.40.020), Kidnapping 2 (RCW 9A.40.030), Unlawful 33
imprisonment (RCW 9A.40.040), Robbery 1 (RCW 9A.56.200), Robbery 2 34
(RCW 9A.56.210), Assault 1 (RCW 9A.36.011), Assault 2 (RCW 35
9A.36.021), Assault 3 (RCW 9A.36.031), Arson 1 (RCW 9A.48.020), or 36
Arson 2 (RCW 9A.48.030); 37
(b) Count two points for each adult prior conviction where 38
domestic violence as defined in RCW 9.94A.030 was pleaded and proven 39
after July 23, 2017, for any of the following offenses: Assault of a 40
p. 20 HB 1668
child in the first degree, RCW 9A.36.120; Assault of a child in the 1
second degree, RCW 9A.36.130; Assault of a child in the third degree, 2
RCW 9A.36.140; Criminal Mistreatment in the first degree, RCW 3
9A.42.020; or Criminal Mistreatment in the second degree, RCW 4
9A.42.030; and 5
(c) Count one point for each adult prior conviction for a 6
repetitive domestic violence offense as defined in RCW 9.94A.030, 7
where domestic violence as defined in RCW 9.94A.030, was pleaded and 8
proven after August 1, 2011. 9
(((22))) (21) The fact that a prior conviction was not included 10
in an offender's offender score or criminal history at a previous 11
sentencing shall have no bearing on whether it is included in the 12
criminal history or offender score for the current offense. Prior 13
convictions that were not counted in the offender score or included 14
in criminal history under repealed or previous versions of the 15
sentencing reform act shall be included in criminal history and shall 16
count in the offender score if the current version of the sentencing 17
reform act requires including or counting those convictions. Prior 18
convictions that were not included in criminal history or in the 19
offender score shall be included upon any resentencing to ensure 20
imposition of an accurate sentence. 21
Sec. 8. RCW 9.94A.722 and 2019 c 263 s 602 are each amended to 22
read as follows: 23
(1) When an offender receiving court-ordered mental health, 24
chemical dependency, or domestic violence treatment or treatment 25
ordered by the department ((of corrections )) presents for treatment 26
from a mental health or chemical dependency treatment provider, the 27
offender must disclose to the mental health, chemical dependency, or 28
domestic violence treatment provider whether he or she is subject to 29
supervision by the department ((of corrections)). If an offender has 30
received relief from disclosure pursuant to RCW 9.94A.562, 31
70.96A.155, or 71.05.132, the offender must provide the mental 32
health, chemical dependency, or domestic violence treatment provider 33
with a copy of the order granting the relief. 34
(2) If mental health or substance use disorder treatment is a 35
condition of a supervised individual's sentence, or a condition 36
imposed by the department, applicable behavioral health service 37
providers must provide updates regarding the supervised individual's 38
p. 21 HB 1668
compliance with their treatment plan to the supervised individual's 1
community corrections officer. 2
NEW SECTION. Sec. 9. A new section is added to chapter 71.24 3
RCW to read as follows: 4
If mental health or substance use disorder treatment is a 5
condition of a supervised individual's criminal sentence under RCW 6
9.94A.703 or imposed as a condition by the department of corrections 7
under RCW 9.94A.704, any applicable behavioral health provider of 8
behavioral health services must provide updates regarding the 9
supervised individual's compliance with their treatment plan to the 10
supervised individual's community corrections officer.11
Sec. 10. RCW 9.94A.714 and 2012 1st sp.s. c 6 s 5 are each 12
amended to read as follows: 13
(1) The department may work with the Washington association of 14
sheriffs and police chiefs to establish and operate an electronic 15
monitoring program for offenders who violate the terms of their 16
community custody. 17
(2) The department must ensure that the electronic monitoring 18
capabilities for individuals under department supervision include:19
(a) Real-time monitoring that can occur without relying on 20
community corrections officers to proactively check for community 21
custody violations;22
(b) Steel reinforced ankle bracelets with sensor technology that 23
can send an immediate tamper alert to law enforcement with the 24
supervised individual's location;25
(c) Electronic monitoring with victim notification technology as 26
defined in RCW 9.94A.030; and27
(d) Alcohol monitoring bracelets that use transdermal analysis to 28
measure alcohol levels in insensible perspiration on the skin.29
(3) Local governments, their subdivisions and employees, the 30
department and its employees, and the Washington association of 31
sheriffs and police chiefs and its employees are immune from civil 32
liability for damages arising from incidents involving offenders who 33
are placed on electronic monitoring unless it is shown that an 34
employee acted with gross negligence or bad faith.35
NEW SECTION. Sec. 11. A new section is added to chapter 72.09 36
RCW to read as follows: 37
p. 22 HB 1668
The department shall develop and implement a system to track 1
scheduled polygraph tests imposed on supervised individuals as part 2
of the individual's monitored compliance with court-imposed 3
conditions and other conditions of supervision, and collect data and 4
information on the number of times a supervised individual misses a 5
scheduled polygraph test. The system the department implements must 6
include and utilize capabilities for reminding community corrections 7
officers of scheduled polygraphs for those individuals under the 8
officer's supervision. 9
Sec. 12. RCW 9.94A.515 and 2024 c 301 s 29 and 2024 c 55 s 1 are 10
each reenacted and amended to read as follows: 11
12 TABLE 2
13
14
CRIMES INCLUDED WITHIN EACH
SERIOUSNESS LEVEL

15 XVI Aggravated Murder 1 (RCW 10.95.020)
16 XV Homicide by abuse (RCW 9A.32.055)
17
18
Malicious explosion 1 (RCW
70.74.280(1))

19 Murder 1 (RCW 9A.32.030)
20 XIV Murder 2 (RCW 9A.32.050)
21 Trafficking 1 (RCW 9A.40.100(1))
22
23
XIII Malicious explosion 2 (RCW
70.74.280(2))

24
25
Malicious placement of an explosive 1
(RCW 70.74.270(1))

26 XII Assault 1 (RCW 9A.36.011)
27 Assault of a Child 1 (RCW 9A.36.120)
28
29
Malicious placement of an imitation
device 1 (RCW 70.74.272(1)(a))

30
31
Promoting Commercial Sexual Abuse
of a Minor (RCW 9.68A.101)

32 Rape 1 (RCW 9A.44.040)
33 Rape of a Child 1 (RCW 9A.44.073)
34 Trafficking 2 (RCW 9A.40.100(3))
p. 23 HB 1668
1 XI Manslaughter 1 (RCW 9A.32.060)
2 Rape 2 (RCW 9A.44.050)
3 Rape of a Child 2 (RCW 9A.44.076)
4
5
6
Vehicular Homicide, by being under the
influence of intoxicating liquor or
any drug (RCW 46.61.520)

7
8
9
Vehicular Homicide, by the operation of
any vehicle in a reckless manner
(RCW 46.61.520)

10 X Child Molestation 1 (RCW 9A.44.083)
11
12
Criminal Mistreatment 1 (RCW
9A.42.020)

13
14
15
Indecent Liberties (with forcible
compulsion) (RCW
9A.44.100(1)(a))

16 Kidnapping 1 (RCW 9A.40.020)
17
18
Leading Organized Crime (RCW
9A.82.060(1)(a))

19
20
Malicious explosion 3 (RCW
70.74.280(3))

21
22
Sexually Violent Predator Escape (RCW
9A.76.115)

23
24
IX Abandonment of Dependent Person 1
(RCW 9A.42.060)

25 Assault of a Child 2 (RCW 9A.36.130)
26
27
Explosive devices prohibited (RCW
70.74.180)

28
29
Hit and Run—Death (RCW
46.52.020(4)(a))

30
31
32
Homicide by Watercraft, by being under
the influence of intoxicating liquor
or any drug (RCW 79A.60.050)

33
34
Inciting Criminal Profiteering (RCW
9A.82.060(1)(b))

p. 24 HB 1668
1
2
Malicious placement of an explosive 2
(RCW 70.74.270(2))

3 Robbery 1 (RCW 9A.56.200)
4 Sexual Exploitation (RCW 9.68A.040)
5 VIII Arson 1 (RCW 9A.48.020)
6
7
Commercial Sexual Abuse of a Minor
(RCW 9.68A.100)

8
9
10
Homicide by Watercraft, by the
operation of any vessel in a reckless
manner (RCW 79A.60.050)

11 Manslaughter 2 (RCW 9A.32.070)
12
13
Promoting Prostitution 1 (RCW
9A.88.070)

14 Theft of Ammonia (RCW 69.55.010)
15
16
17
VII Air bag diagnostic systems (causing
bodily injury or death) (RCW
46.37.660(2)(b))

18
19
20
Air bag replacement requirements
(causing bodily injury or death)
(RCW 46.37.660(1)(b))

21 Burglary 1 (RCW 9A.52.020)
22 Child Molestation 2 (RCW 9A.44.086)
23
24
Civil Disorder Training (RCW
9A.48.120)

25
26
Custodial Sexual Misconduct 1 (RCW
9A.44.160)

27
28
29
Dealing in depictions of minor engaged
in sexually explicit conduct 1
(RCW 9.68A.050(1))

30 Drive-by Shooting (RCW 9A.36.045)
31
32
False Reporting 1 (RCW
9A.84.040(2)(a))

33
34
35
Homicide by Watercraft, by disregard
for the safety of others (RCW
79A.60.050)

p. 25 HB 1668
1
2
3
Indecent Liberties (without forcible
compulsion) (RCW 9A.44.100(1)
(b) and (c))

4
5
Introducing Contraband 1 (RCW
9A.76.140)

6
7
Malicious placement of an explosive 3
(RCW 70.74.270(3))

8
9
10
11
12
Manufacture or import counterfeit,
nonfunctional, damaged, or
previously deployed air bag
(causing bodily injury or death)
(RCW 46.37.650(1)(b))

13
14
15
Negligently Causing Death By Use of a
Signal Preemption Device (RCW
46.37.675)

16
17
18
19
Sell, install, or reinstall counterfeit,
nonfunctional, damaged, or
previously deployed airbag (RCW
46.37.650(2)(b))

20
21
22
23
Sending, bringing into state depictions
of minor engaged in sexually
explicit conduct 1 (RCW
9.68A.060(1))

24
25
Unlawful Possession of a Firearm in the
first degree (RCW 9.41.040(1))

26
27
28
Use of a Machine Gun or Bump-fire
Stock in Commission of a Felony
(RCW 9.41.225)

29
30
31
Vehicular Homicide, by disregard for
the safety of others (RCW
46.61.520)

32
33
VI Bail Jumping with Murder 1 (RCW
9A.76.170(3)(a))

34 Bribery (RCW 9A.68.010)
35 Incest 1 (RCW 9A.64.020(1))
36 Intimidating a Judge (RCW 9A.72.160)
p. 26 HB 1668
1
2
Intimidating a Juror/Witness (RCW
9A.72.110, 9A.72.130)

3
4
Malicious placement of an imitation
device 2 (RCW 70.74.272(1)(b))

5
6
7
Possession of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 1 (RCW 9.68A.070(1))

8 Rape of a Child 3 (RCW 9A.44.079)
9 Theft of a Firearm (RCW 9A.56.300)
10
11
Theft from a Vulnerable Adult 1 (RCW
9A.56.400(1))

12
13
Unlawful Storage of Ammonia (RCW
69.55.020)

14
15
V Abandonment of Dependent Person 2
(RCW 9A.42.070)

16
17
18
Advancing money or property for
extortionate extension of credit
(RCW 9A.82.030)

19
20
Air bag diagnostic systems (RCW
46.37.660(2)(c))

21
22
Air bag replacement requirements
(RCW 46.37.660(1)(c))

23
24
Bail Jumping with class A Felony
(RCW 9A.76.170(3)(b))

25 Child Molestation 3 (RCW 9A.44.089)
26
27
Criminal Mistreatment 2 (RCW
9A.42.030)

28
29
Custodial Sexual Misconduct 2 (RCW
9A.44.170)

30
31
32
Dealing in Depictions of Minor
Engaged in Sexually Explicit
Conduct 2 (RCW 9.68A.050(2))

33
34
35
36
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)

p. 27 HB 1668
1
2
Escape from Community Custody
(RCW 72.09.310)

3 Extortion 1 (RCW 9A.56.120)
4
5
Extortionate Extension of Credit (RCW
9A.82.020)

6
7
8
Extortionate Means to Collect
Extensions of Credit (RCW
9A.82.040)

9 Incest 2 (RCW 9A.64.020(2))
10 Kidnapping 2 (RCW 9A.40.030)
11
12
13
14
Manufacture or import counterfeit,
nonfunctional, damaged, or
previously deployed air bag (RCW
46.37.650(1)(c))

15 Perjury 1 (RCW 9A.72.020)
16
17
Persistent prison misbehavior (RCW
9.94.070)

18
19
Possession of a Stolen Firearm (RCW
9A.56.310)

20 Rape 3 (RCW 9A.44.060)
21
22
Rendering Criminal Assistance 1 (RCW
9A.76.070)

23
24
25
26
Sell, install, or reinstall counterfeit,
nonfunctional, damaged, or
previously deployed airbag (RCW
46.37.650(2)(c))

27
28
29
30
Sending, Bringing into State Depictions
of Minor Engaged in Sexually
Explicit Conduct 2 (RCW
9.68A.060(2))

31
32
Sexual Misconduct with a Minor 1
(RCW 9A.44.093)

33
34
Sexually Violating Human Remains
(RCW 9A.44.105)

35 Stalking (RCW 9A.46.110)
p. 28 HB 1668
1
2
Taking Motor Vehicle Without
Permission 1 (RCW 9A.56.070)

3 IV Arson 2 (RCW 9A.48.030)
4 Assault 2 (RCW 9A.36.021)
5
6
7
Assault 3 (of a Peace Officer with a
Projectile Stun Gun) (RCW
9A.36.031(1)(h))

8
9
Assault 4 (third domestic violence
offense) (RCW 9A.36.041(3))

10
11
Assault by Watercraft (RCW
79A.60.060)

12
13
14
Bribing a Witness/Bribe Received by
Witness (RCW 9A.72.090,
9A.72.100)

15 Cheating 1 (RCW 9.46.1961)
16 Commercial Bribery (RCW 9A.68.060)
17 Counterfeiting (RCW 9.16.035(4))
18
19
Driving While Under the Influence
(RCW 46.61.502(6))

20
21
Endangerment with a Controlled
Substance (RCW 9A.42.100)

22 Escape 1 (RCW 9A.76.110)
23 Hate Crime (RCW 9A.36.080)
24
25
Hit and Run—Injury (RCW
46.52.020(4)(b))

26
27
Hit and Run with Vessel—Injury
Accident (RCW 79A.60.200(3))

28 Identity Theft 1 (RCW 9.35.020(2))
29
30
31
Indecent Exposure to Person Under Age
14 (subsequent sex offense) (RCW
9A.88.010)

32
33
Influencing Outcome of Sporting Event
(RCW 9A.82.070)

p. 29 HB 1668
1
2
3
Physical Control of a Vehicle While
Under the Influence (RCW
46.61.504(6))

4
5
6
Possession of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 2 (RCW 9.68A.070(2))

7 Residential Burglary (RCW 9A.52.025)
8 Robbery 2 (RCW 9A.56.210)
9 Theft of Livestock 1 (RCW 9A.56.080)
10 Threats to Bomb (RCW 9.61.160)
11
12
Trafficking in Catalytic Converters 1
(RCW 9A.82.190)

13
14
Trafficking in Stolen Property 1 (RCW
9A.82.050)

15
16
17
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(b))

18
19
20
Unlawful transaction of health coverage
as a health care service contractor
(RCW 48.44.016(3))

21
22
23
Unlawful transaction of health coverage
as a health maintenance
organization (RCW 48.46.033(3))

24
25
Unlawful transaction of insurance
business (RCW 48.15.023(3))

26
27
Unlicensed practice as an insurance
professional (RCW 48.17.063(2))

28
29
30
Use of Proceeds of Criminal
Profiteering (RCW 9A.82.080 (1)
and (2))

31
32
Vehicle Prowling 2 (third or subsequent
offense) (RCW 9A.52.100(3))

p. 30 HB 1668
1
2
3
4
5
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)

6
7
8
Viewing of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 1 (RCW 9.68A.075(1))

9 III Animal Cruelty 1 (RCW 16.52.205)
10
11
12
13
Assault 3 (Except Assault 3 of a Peace
Officer With a Projectile Stun Gun)
(RCW 9A.36.031 except subsection
(1)(h))

14 Assault of a Child 3 (RCW 9A.36.140)
15
16
Bail Jumping with class B or C Felony
(RCW 9A.76.170(3)(c))

17 Burglary 2 (RCW 9A.52.030)
18
19
20
Communication with a Minor for
Immoral Purposes (RCW
9.68A.090)

21
22
Criminal Gang Intimidation (RCW
9A.46.120)

23 Custodial Assault (RCW 9A.36.100)
24
25
Cyber Harassment (RCW
9A.90.120(2)(b))

26 Escape 2 (RCW 9A.76.120)
27 Extortion 2 (RCW 9A.56.130)
28
29
False Reporting 2 (RCW
9A.84.040(2)(b))

30 Harassment (RCW 9A.46.020)
31 Hazing (RCW 28B.10.901(2)(b))
32
33
Intimidating a Public Servant (RCW
9A.76.180)

34
35
Introducing Contraband 2 (RCW
9A.76.150)

p. 31 HB 1668
1
2
Malicious Injury to Railroad Property
(RCW 81.60.070)

3
4
Manufacture of Untraceable Firearm
with Intent to Sell (RCW 9.41.190)

5
6
7
8
Manufacture or Assembly of an
Undetectable Firearm or
Untraceable Firearm (RCW
9.41.325)

9 Mortgage Fraud (RCW 19.144.080)
10
11
12
13
Negligently Causing Substantial Bodily
Harm By Use of a Signal
Preemption Device (RCW
46.37.674)

14
15
Organized Retail Theft 1 (RCW
9A.56.350(2))

16 Perjury 2 (RCW 9A.72.030)
17
18
Possession of Incendiary Device (RCW
9.40.120)

19
20
21
22
Possession of Machine Gun, Bump-Fire
Stock, Undetectable Firearm, or
Short-Barreled Shotgun or Rifle
(RCW 9.41.190)

23
24
Promoting Prostitution 2 (RCW
9A.88.080)

25
26
Retail Theft with Special Circumstances
1 (RCW 9A.56.360(2))

27
28
Securities Act violation (RCW
21.20.400)

29
30
Tampering with a Witness (RCW
9A.72.120)

31
32
33
Telephone Harassment (subsequent
conviction or threat of death)
(RCW 9.61.230(2))

34 Theft of Livestock 2 (RCW 9A.56.083)
35
36
Theft with the Intent to Resell 1 (RCW
9A.56.340(2))

p. 32 HB 1668
1
2
Trafficking in Catalytic Converters 2
(RCW 9A.82.200)

3
4
Trafficking in Stolen Property 2 (RCW
9A.82.055)

5
6
Unlawful Hunting of Big Game 1
(RCW 77.15.410(3)(b))

7
8
Unlawful Imprisonment (RCW
9A.40.040)

9
10
Unlawful Misbranding of Fish or
Shellfish 1 (RCW 77.140.060(3))

11
12
Unlawful possession of firearm in the
second degree (RCW 9.41.040(2))

13
14
Unlawful Taking of Endangered Fish or
Wildlife 1 (RCW 77.15.120(3)(b))

15
16
17
Unlawful Trafficking in Fish, Shellfish,
or Wildlife 1 (RCW
77.15.260(3)(b))

18
19
Unlawful Use of a Nondesignated
Vessel (RCW 77.15.530(4))

20
21
22
23
Vehicular Assault, by the operation or
driving of a vehicle with disregard
for the safety of others (RCW
46.61.522)

24
25
II Commercial Fishing Without a License
1 (RCW 77.15.500(3)(b))

26 Computer Trespass 1 (RCW 9A.90.040)
27 Counterfeiting (RCW 9.16.035(3))
28
29
Electronic Data Service Interference
(RCW 9A.90.060)

30
31
Electronic Data Tampering 1 (RCW
9A.90.080)

32
33
Electronic Data Theft (RCW
9A.90.100)

34
35
Engaging in Fish Dealing Activity
Unlicensed 1 (RCW 77.15.620(3))

p. 33 HB 1668
1
2
((Escape from Community Custody
(RCW 72.09.310)))

3
4
5
6
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)

7
8
Health Care False Claims (RCW
48.80.030)

9 Identity Theft 2 (RCW 9.35.020(3))
10
11
Improperly Obtaining Financial
Information (RCW 9.35.010)

12 Malicious Mischief 1 (RCW 9A.48.070)
13
14
Organized Retail Theft 2 (RCW
9A.56.350(3))

15
16
Possession of Stolen Property 1 (RCW
9A.56.150)

17
18
Possession of a Stolen Vehicle (RCW
9A.56.068)

19
20
21
Possession, sale, or offering for sale of
seven or more unmarked catalytic
converters (RCW 9A.82.180(5))

22
23
Retail Theft with Special Circumstances
2 (RCW 9A.56.360(3))

24
25
26
27
Scrap Processing, Recycling, or
Supplying Without a License
(second or subsequent offense)
(RCW 19.290.100)

28 Theft 1 (RCW 9A.56.030)
29
30
Theft of a Motor Vehicle (RCW
9A.56.065)

31
32
33
34
Theft of Rental, Leased, Lease-
purchased, or Loaned Property
(valued at $5,000 or more) (RCW
9A.56.096(5)(a))

35
36
Theft with the Intent to Resell 2 (RCW
9A.56.340(3))

p. 34 HB 1668
1
2
Trafficking in Insurance Claims (RCW
48.30A.015)

3
4
5
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(a))

6
7
8
Unlawful Participation of Non-Indians
in Indian Fishery (RCW
77.15.570(2))

9
10
Unlawful Practice of Law (RCW
2.48.180)

11
12
Unlawful Purchase or Use of a License
(RCW 77.15.650(3)(b))

13
14
15
Unlawful Trafficking in Fish, Shellfish,
or Wildlife 2 (RCW
77.15.260(3)(a))

16
17
Unlicensed Practice of a Profession or
Business (RCW 18.130.190(7))

18 V oyeurism 1 (RCW 9A.44.115)
19
20
I Attempting to Elude a Pursuing Police
Vehicle (RCW 46.61.024)

21
22
False Verification for Welfare (RCW
74.08.055)

23 Forgery (RCW 9A.60.020)
24
25
26
Fraudulent Creation or Revocation of a
Mental Health Advance Directive
(RCW 9A.60.060)

27 Malicious Mischief 2 (RCW 9A.48.080)
28 Mineral Trespass (RCW 78.44.330)
29
30
Possession of Stolen Property 2 (RCW
9A.56.160)

31 Reckless Burning 1 (RCW 9A.48.040)
32
33
Spotlighting Big Game 1 (RCW
77.15.450(3)(b))

34
35
Suspension of Department Privileges 1
(RCW 77.15.670(3)(b))

p. 35 HB 1668
1
2
Taking Motor Vehicle Without
Permission 2 (RCW 9A.56.075)

3 Theft 2 (RCW 9A.56.040)
4
5
Theft from a Vulnerable Adult 2 (RCW
9A.56.400(2))

6
7
8
9
10
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))

11
12
13
Transaction of insurance business
beyond the scope of licensure
(RCW 48.17.063)

14
15
Unlawful Fish and Shellfish Catch
Accounting (RCW 77.15.630(3)(b))

16
17
Unlawful Issuance of Checks or Drafts
(RCW 9A.56.060)

18
19
Unlawful Possession of Fictitious
Identification (RCW 9A.56.320)

20
21
Unlawful Possession of Instruments of
Financial Fraud (RCW 9A.56.320)

22
23
Unlawful Possession of Payment
Instruments (RCW 9A.56.320)

24
25
26
Unlawful Possession of a Personal
Identification Device (RCW
9A.56.320)

27
28
Unlawful Production of Payment
Instruments (RCW 9A.56.320)

29
30
31
32
Unlawful Releasing, Planting,
Possessing, or Placing Deleterious
Exotic Wildlife (RCW
77.15.250(2)(b))

33
34
Unlawful Trafficking in Food Stamps
(RCW 9.91.142)

35
36
Unlawful Use of Food Stamps (RCW
9.91.144)

p. 36 HB 1668
1
2
Unlawful Use of Net to Take Fish 1
(RCW 77.15.580(3)(b))

3 Vehicle Prowl 1 (RCW 9A.52.095)
4
5
Violating Commercial Fishing Area or
Time 1 (RCW 77.15.550(3)(b))

NEW SECTION. Sec. 13. Sections 3 and 6 of this act expire 6
January 1, 2026.7
NEW SECTION. Sec. 14. Sections 4 and 7 of this act take effect 8
January 1, 2026.9
--- END ---
p. 37 HB 1668