Partial confinement

AN ACT Relating to partial confinement eligibility and alignment; 1
amending RCW 9.94A.030, 9.94A.030, 9.94A.6551, 9.94A.733, and 2
9.94A.728; creating a new section; providing an effective date; and 3
providing an expiration date. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 9.94A.030 and 2022 c 231 s 11 are each amended to 6
read as follows: 7
Unless the context clearly requires otherwise, the definitions in 8
this section apply throughout this chapter. 9
(1) "Board" means the indeterminate sentence review board created 10
under chapter 9.95 RCW. 11
(2) "Collect," or any derivative thereof, "collect and remit," or 12
"collect and deliver," when used with reference to the department, 13
means that the department, either directly or through a collection 14
agreement authorized by RCW 9.94A.760, is responsible for monitoring 15
and enforcing the offender's sentence with regard to the legal 16
financial obligation, receiving payment thereof from the offender, 17
and, consistent with current law, delivering daily the entire payment 18
to the superior court clerk without depositing it in a departmental 19
account. 20
(3) "Commission" means the sentencing guidelines commission.21
H-1584.1
HOUSE BILL 2014
State of Washington 69th Legislature 2025 Regular Session
By Representative Goodman
Read first time 02/21/25. Referred to Committee on Community Safety.
p. 1 HB 2014
(4) "Community corrections officer" means an employee of the 1
department who is responsible for carrying out specific duties in 2
supervision of sentenced offenders and monitoring of sentence 3
conditions. 4
(5) "Community custody" means that portion of an offender's 5
sentence of confinement in lieu of earned release time or imposed as 6
part of a sentence under this chapter and served in the community 7
subject to controls placed on the offender's movement and activities 8
by the department. 9
(6) "Community protection zone" means the area within 880 feet of 10
the facilities and grounds of a public or private school.11
(7) "Community restitution" means compulsory service, without 12
compensation, performed for the benefit of the community by the 13
offender. 14
(8) "Confinement" means total or partial confinement.15
(9) "Conviction" means an adjudication of guilt pursuant to Title 16
10 or 13 RCW and includes a verdict of guilty, a finding of guilty, 17
and acceptance of a plea of guilty. 18
(10) "Crime-related prohibition" means an order of a court 19
prohibiting conduct that directly relates to the circumstances of the 20
crime for which the offender has been convicted, and shall not be 21
construed to mean orders directing an offender affirmatively to 22
participate in rehabilitative programs or to otherwise perform 23
affirmative conduct. However, affirmative acts necessary to monitor 24
compliance with the order of a court may be required by the 25
department. 26
(11) "Criminal history" means the list of a defendant's prior 27
convictions and juvenile adjudications, whether in this state, in 28
federal court, or elsewhere, and any issued certificates of 29
restoration of opportunity pursuant to RCW 9.97.020.30
(a) The history shall include, where known, for each conviction 31
(i) whether the defendant has been placed on probation and the length 32
and terms thereof; and (ii) whether the defendant has been 33
incarcerated and the length of incarceration. 34
(b) A conviction may be removed from a defendant's criminal 35
history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 36
9.95.240, or a similar out-of-state statute, or if the conviction has 37
been vacated pursuant to a governor's pardon. However, when a 38
defendant is charged with a recidivist offense, "criminal history" 39
includes a vacated prior conviction for the sole purpose of 40
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establishing that such vacated prior conviction constitutes an 1
element of the present recidivist offense as provided in RCW 2
9.94A.640(4)(b) and 9.96.060(((7))) (8)(c). 3
(c) The determination of a defendant's criminal history is 4
distinct from the determination of an offender score. A prior 5
conviction that was not included in an offender score calculated 6
pursuant to a former version of the sentencing reform act remains 7
part of the defendant's criminal history. 8
(12) "Criminal street gang" means any ongoing organization, 9
association, or group of three or more persons, whether formal or 10
informal, having a common name or common identifying sign or symbol, 11
having as one of its primary activities the commission of criminal 12
acts, and whose members or associates individually or collectively 13
engage in or have engaged in a pattern of criminal street gang 14
activity. This definition does not apply to employees engaged in 15
concerted activities for their mutual aid and protection, or to the 16
activities of labor and bona fide nonprofit organizations or their 17
members or agents. 18
(13) "Criminal street gang associate or member" means any person 19
who actively participates in any criminal street gang and who 20
intentionally promotes, furthers, or assists in any criminal act by 21
the criminal street gang. 22
(14) "Criminal street gang-related offense" means any felony or 23
misdemeanor offense, whether in this state or elsewhere, that is 24
committed for the benefit of, at the direction of, or in association 25
with any criminal street gang, or is committed with the intent to 26
promote, further, or assist in any criminal conduct by the gang, or 27
is committed for one or more of the following reasons:28
(a) To gain admission, prestige, or promotion within the gang;29
(b) To increase or maintain the gang's size, membership, 30
prestige, dominance, or control in any geographical area;31
(c) To exact revenge or retribution for the gang or any member of 32
the gang; 33
(d) To obstruct justice, or intimidate or eliminate any witness 34
against the gang or any member of the gang; 35
(e) To directly or indirectly cause any benefit, aggrandizement, 36
gain, profit, or other advantage for the gang, its reputation, 37
influence, or membership; or 38
(f) To provide the gang with any advantage in, or any control or 39
dominance over any criminal market sector, including, but not limited 40
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to, manufacturing, delivering, or selling any controlled substance 1
(chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen 2
property ( chapter 9A.82 RCW); promoting prostitution ( chapter 9A.88 3
RCW); human trafficking (RCW 9A.40.100); promoting commercial sexual 4
abuse of a minor (RCW 9.68A.101); or promoting pornography ( chapter 5
9.68 RCW). 6
(15) "Day fine" means a fine imposed by the sentencing court that 7
equals the difference between the offender's net daily income and the 8
reasonable obligations that the offender has for the support of the 9
offender and any dependents. 10
(16) "Day reporting" means a program of enhanced supervision 11
designed to monitor the offender's daily activities and compliance 12
with sentence conditions, and in which the offender is required to 13
report daily to a specific location designated by the department or 14
the sentencing court. 15
(17) "Department" means the department of corrections.16
(18) "Determinate sentence" means a sentence that states with 17
exactitude the number of actual years, months, or days of total 18
confinement, of partial confinement, of community custody, the number 19
of actual hours or days of community restitution work, or dollars or 20
terms of a legal financial obligation. The fact that an offender 21
through earned release can reduce the actual period of confinement 22
shall not affect the classification of the sentence as a determinate 23
sentence. 24
(19) "Disposable earnings" means that part of the earnings of an 25
offender remaining after the deduction from those earnings of any 26
amount required by law to be withheld. For the purposes of this 27
definition, "earnings" means compensation paid or payable for 28
personal services, whether denominated as wages, salary, commission, 29
bonuses, or otherwise, and, notwithstanding any other provision of 30
law making the payments exempt from garnishment, attachment, or other 31
process to satisfy a court-ordered legal financial obligation, 32
specifically includes periodic payments pursuant to pension or 33
retirement programs, or insurance policies of any type, but does not 34
include payments made under Title 50 RCW, except as provided in RCW 35
50.40.020 and 50.40.050, or Title 74 RCW. 36
(20)(a) "Domestic violence" has the same meaning as defined in 37
RCW 10.99.020. 38
(b) "Domestic violence" also means: (i) Physical harm, bodily 39
injury, assault, or the infliction of fear of imminent physical harm, 40
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bodily injury, or assault, sexual assault, or stalking, as defined in 1
RCW 9A.46.110, of one intimate partner by another intimate partner as 2
defined in RCW 10.99.020; or (ii) physical harm, bodily injury, 3
assault, or the infliction of fear of imminent physical harm, bodily 4
injury, or assault, sexual assault, or stalking, as defined in RCW 5
9A.46.110, of one family or household member by another family or 6
household member as defined in RCW 10.99.020. 7
(21) "Drug offender sentencing alternative" is a sentencing 8
option available to persons convicted of a felony offense who are 9
eligible for the option under RCW 9.94A.660. 10
(22) "Drug offense" means: 11
(a) Any felony violation of chapter 69.50 RCW except possession 12
of a controlled substance (RCW 69.50.4013) or forged prescription for 13
a controlled substance (RCW 69.50.403); 14
(b) Any offense defined as a felony under federal law that 15
relates to the possession, manufacture, distribution, or 16
transportation of a controlled substance; or 17
(c) Any out-of-state conviction for an offense that under the 18
laws of this state would be a felony classified as a drug offense 19
under (a) of this subsection. 20
(23) "Earned release" means earned release from confinement as 21
provided in RCW 9.94A.728. 22
(24) "Electronic monitoring" means tracking the location of an 23
individual through the use of technology that is capable of 24
determining or identifying the monitored individual's presence or 25
absence at a particular location including, but not limited to:26
(a) Radio frequency signaling technology, which detects if the 27
monitored individual is or is not at an approved location and 28
notifies the monitoring agency of the time that the monitored 29
individual either leaves the approved location or tampers with or 30
removes the monitoring device; or 31
(b) Active or passive global positioning system technology, which 32
detects the location of the monitored individual and notifies the 33
monitoring agency of the monitored individual's location and which 34
may also include electronic monitoring with victim notification 35
technology that is capable of notifying a victim or protected party, 36
either directly or through a monitoring agency, if the monitored 37
individual enters within the restricted distance of a victim or 38
protected party, or within the restricted distance of a designated 39
location. 40
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(25) "Escape" means: 1
(a) Sexually violent predator escape (RCW 9A.76.115), escape in 2
the first degree (RCW 9A.76.110), escape in the second degree (RCW 3
9A.76.120), willful failure to return from furlough (RCW 72.66.060), 4
willful failure to return from work release (RCW 72.65.070), or 5
willful failure to be available for supervision by the department 6
while in community custody (RCW 72.09.310); or 7
(b) Any federal or out-of-state conviction for an offense that 8
under the laws of this state would be a felony classified as an 9
escape under (a) of this subsection. 10
(26) "Felony traffic offense" means: 11
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 12
46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-13
run injury-accident (RCW 46.52.020(4)), felony driving while under 14
the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), 15
or felony physical control of a vehicle while under the influence of 16
intoxicating liquor or any drug (RCW 46.61.504(6)); or17
(b) Any federal or out-of-state conviction for an offense that 18
under the laws of this state would be a felony classified as a felony 19
traffic offense under (a) of this subsection. 20
(27) "Fine" means a specific sum of money ordered by the 21
sentencing court to be paid by the offender to the court over a 22
specific period of time. 23
(28) "First-time offender" means any person who has no prior 24
convictions for a felony and is eligible for the first-time offender 25
waiver under RCW 9.94A.650. 26
(29) "Home detention" is a subset of electronic monitoring and 27
means a program of partial confinement available to offenders wherein 28
the offender is confined in a private residence 24 hours a day, 29
unless an absence from the residence is approved, authorized, or 30
otherwise permitted in the order by the court or other supervising 31
agency that ordered home detention, and the offender is subject to 32
electronic monitoring. 33
(30) "Homelessness" or "homeless" means a condition where an 34
individual lacks a fixed, regular, and adequate nighttime residence 35
and who has a primary nighttime residence that is:36
(a) A supervised, publicly or privately operated shelter designed 37
to provide temporary living accommodations; 38
(b) A public or private place not designed for, or ordinarily 39
used as, a regular sleeping accommodation for human beings; or40
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(c) A private residence where the individual stays as a transient 1
invitee. 2
(31) "Legal financial obligation" means a sum of money that is 3
ordered by a superior court of the state of Washington for legal 4
financial obligations which may include restitution to the victim, 5
statutorily imposed crime victims' compensation fees as assessed 6
pursuant to RCW 7.68.035, court costs, county or interlocal drug 7
funds, court-appointed attorneys' fees, and costs of defense, fines, 8
and any other financial obligation that is assessed to the offender 9
as a result of a felony conviction. Upon conviction for vehicular 10
assault while under the influence of intoxicating liquor or any drug, 11
RCW 46.61.522(1)(b), or vehicular homicide while under the influence 12
of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal 13
financial obligations may also include payment to a public agency of 14
the expense of an emergency response to the incident resulting in the 15
conviction, subject to RCW 38.52.430. 16
(32) "Most serious offense" means any of the following felonies 17
or a felony attempt to commit any of the following felonies:18
(a) Any felony defined under any law as a class A felony or 19
criminal solicitation of or criminal conspiracy to commit a class A 20
felony; 21
(b) Assault in the second degree; 22
(c) Assault of a child in the second degree; 23
(d) Child molestation in the second degree; 24
(e) Controlled substance homicide; 25
(f) Extortion in the first degree; 26
(g) Incest when committed against a child under age 14;27
(h) Indecent liberties; 28
(i) Kidnapping in the second degree; 29
(j) Leading organized crime; 30
(k) Manslaughter in the first degree; 31
(l) Manslaughter in the second degree; 32
(m) Promoting prostitution in the first degree;33
(n) Rape in the third degree; 34
(o) Sexual exploitation; 35
(p) Vehicular assault, when caused by the operation or driving of 36
a vehicle by a person while under the influence of intoxicating 37
liquor or any drug or by the operation or driving of a vehicle in a 38
reckless manner; 39
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(q) Vehicular homicide, when proximately caused by the driving of 1
any vehicle by any person while under the influence of intoxicating 2
liquor or any drug as defined by RCW 46.61.502, or by the operation 3
of any vehicle in a reckless manner; 4
(r) Any other class B felony offense with a finding of sexual 5
motivation; 6
(s) Any other felony with a deadly weapon verdict under RCW 7
9.94A.825; 8
(t) Any felony offense in effect at any time prior to December 2, 9
1993, that is comparable to a most serious offense under this 10
subsection, or any federal or out-of-state conviction for an offense 11
that under the laws of this state would be a felony classified as a 12
most serious offense under this subsection; 13
(u)(i) A prior conviction for indecent liberties under RCW 14
9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. 15
sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), 16
and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 17
9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, 18
until July 1, 1988; 19
(ii) A prior conviction for indecent liberties under RCW 20
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, 21
if: (A) The crime was committed against a child under the age of 14; 22
or (B) the relationship between the victim and perpetrator is 23
included in the definition of indecent liberties under RCW 24
9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 25
1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 26
1993, through July 27, 1997; 27
(v) Any out-of-state conviction for a felony offense with a 28
finding of sexual motivation if the minimum sentence imposed was 10 29
years or more; provided that the out-of-state felony offense must be 30
comparable to a felony offense under this title and Title 9A RCW and 31
the out-of-state definition of sexual motivation must be comparable 32
to the definition of sexual motivation contained in this section.33
(33) "Nonviolent offense" means an offense which is not a violent 34
offense. 35
(34) "Offender" means a person who has committed a felony 36
established by state law and is 18 years of age or older or is less 37
than 18 years of age but whose case is under superior court 38
jurisdiction under RCW 13.04.030 or has been transferred by the 39
appropriate juvenile court to a criminal court pursuant to RCW 40
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13.40.110. In addition, for the purpose of community custody 1
requirements under this chapter, "offender" also means a misdemeanant 2
or gross misdemeanant probationer ordered by a superior court to 3
probation pursuant to RCW 9.92.060, 9.95.204, or 9.95.210 and 4
supervised by the department pursuant to RCW 9.94A.501 and 5
9.94A.5011. Throughout this chapter, the terms "offender" and 6
"defendant" are used interchangeably. 7
(35) "Partial confinement" means confinement ((for no more than 8
one year)) up to 18 months in a facility or institution operated or 9
utilized under contract by the state or any other unit of government, 10
or, if home detention, electronic monitoring, or work crew has been 11
ordered by the court or home detention has been ordered by the 12
department as part of the parenting program or the graduated reentry 13
program, in an approved residence, for a substantial portion of each 14
day with the balance of the day spent in the community. Partial 15
confinement includes work release, home detention, work crew, 16
electronic monitoring, and a combination of work crew, electronic 17
monitoring, and home detention. 18
(36) "Pattern of criminal street gang activity" means:19
(a) The commission, attempt, conspiracy, or solicitation of, or 20
any prior juvenile adjudication of or adult conviction of, two or 21
more of the following criminal street gang-related offenses:22
(i) Any "serious violent" felony offense as defined in this 23
section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a 24
Child 1 (RCW 9A.36.120); 25
(ii) Any "violent" offense as defined by this section, excluding 26
Assault of a Child 2 (RCW 9A.36.130); 27
(iii) Deliver or Possession with Intent to Deliver a Controlled 28
Substance (chapter 69.50 RCW); 29
(iv) Any violation of the firearms and dangerous weapon act 30
(chapter 9.41 RCW); 31
(v) Theft of a Firearm (RCW 9A.56.300); 32
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);33
(vii) Hate Crime (RCW 9A.36.080); 34
(viii) Harassment where a subsequent violation or deadly threat 35
is made (RCW 9A.46.020(2)(b)); 36
(ix) Criminal Gang Intimidation (RCW 9A.46.120);37
(x) Any felony conviction by a person 18 years of age or older 38
with a special finding of involving a juvenile in a felony offense 39
under RCW 9.94A.833; 40
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(xi) Residential Burglary (RCW 9A.52.025); 1
(xii) Burglary 2 (RCW 9A.52.030); 2
(xiii) Malicious Mischief 1 (RCW 9A.48.070); 3
(xiv) Malicious Mischief 2 (RCW 9A.48.080); 4
(xv) Theft of a Motor Vehicle (RCW 9A.56.065); 5
(xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068);6
(xvii) Taking a Motor Vehicle Without Permission 1 (RCW 7
9A.56.070); 8
(xviii) Taking a Motor Vehicle Without Permission 2 (RCW 9
9A.56.075); 10
(xix) Extortion 1 (RCW 9A.56.120); 11
(xx) Extortion 2 (RCW 9A.56.130); 12
(xxi) Intimidating a Witness (RCW 9A.72.110); 13
(xxii) Tampering with a Witness (RCW 9A.72.120);14
(xxiii) Reckless Endangerment (RCW 9A.36.050);15
(xxiv) Coercion (RCW 9A.36.070); 16
(xxv) Harassment (RCW 9A.46.020); or 17
(xxvi) Malicious Mischief 3 (RCW 9A.48.090); 18
(b) That at least one of the offenses listed in (a) of this 19
subsection shall have occurred after July 1, 2008;20
(c) That the most recent committed offense listed in (a) of this 21
subsection occurred within three years of a prior offense listed in 22
(a) of this subsection; and 23
(d) Of the offenses that were committed in (a) of this 24
subsection, the offenses occurred on separate occasions or were 25
committed by two or more persons. 26
(37) "Persistent offender" is an offender who:27
(a)(i) Has been convicted in this state of any felony considered 28
a most serious offense; and 29
(ii) Has, before the commission of the offense under (a) of this 30
subsection, been convicted as an offender on at least two separate 31
occasions, whether in this state or elsewhere, of felonies that under 32
the laws of this state would be considered most serious offenses and 33
would be included in the offender score under RCW 9.94A.525; provided 34
that of the two or more previous convictions, at least one conviction 35
must have occurred before the commission of any of the other most 36
serious offenses for which the offender was previously convicted; or37
(b)(i) Has been convicted of: (A) Rape in the first degree, rape 38
of a child in the first degree, child molestation in the first 39
degree, rape in the second degree, rape of a child in the second 40
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degree, or indecent liberties by forcible compulsion; (B) any of the 1
following offenses with a finding of sexual motivation: Murder in the 2
first degree, murder in the second degree, homicide by abuse, 3
kidnapping in the first degree, kidnapping in the second degree, 4
assault in the first degree, assault in the second degree, assault of 5
a child in the first degree, assault of a child in the second degree, 6
or burglary in the first degree; or (C) an attempt to commit any 7
crime listed in this subsection (37)(b)(i); and 8
(ii) Has, before the commission of the offense under (b)(i) of 9
this subsection, been convicted as an offender on at least one 10
occasion, whether in this state or elsewhere, of an offense listed in 11
(b)(i) of this subsection or any federal or out-of-state offense or 12
offense under prior Washington law that is comparable to the offenses 13
listed in (b)(i) of this subsection. A conviction for rape of a child 14
in the first degree constitutes a conviction under (b)(i) of this 15
subsection only when the offender was 16 years of age or older when 16
the offender committed the offense. A conviction for rape of a child 17
in the second degree constitutes a conviction under (b)(i) of this 18
subsection only when the offender was 18 years of age or older when 19
the offender committed the offense. 20
(38) "Predatory" means: (a) The perpetrator of the crime was a 21
stranger to the victim, as defined in this section; (b) the 22
perpetrator established or promoted a relationship with the victim 23
prior to the offense and the victimization of the victim was a 24
significant reason the perpetrator established or promoted the 25
relationship; or (c) the perpetrator was: (i) A teacher, counselor, 26
volunteer, or other person in authority in any public or private 27
school and the victim was a student of the school under his or her 28
authority or supervision. For purposes of this subsection, "school" 29
does not include home-based instruction as defined in RCW 30
28A.225.010; (ii) a coach, trainer, volunteer, or other person in 31
authority in any recreational activity and the victim was a 32
participant in the activity under his or her authority or 33
supervision; (iii) a pastor, elder, volunteer, or other person in 34
authority in any church or religious organization, and the victim was 35
a member or participant of the organization under his or her 36
authority; or (iv) a teacher, counselor, volunteer, or other person 37
in authority providing home-based instruction and the victim was a 38
student receiving home-based instruction while under his or her 39
authority or supervision. For purposes of this subsection: (A) "Home-40
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based instruction" has the same meaning as defined in RCW 1
28A.225.010; and (B) "teacher, counselor, volunteer, or other person 2
in authority" does not include the parent or legal guardian of the 3
victim. 4
(39) "Private school" means a school regulated under chapter 5
28A.195 or 28A.205 RCW. 6
(40) "Public school" has the same meaning as in RCW 28A.150.010.7
(41) "Recidivist offense" means a felony offense where a prior 8
conviction of the same offense or other specified offense is an 9
element of the crime including, but not limited to:10
(a) Assault in the fourth degree where domestic violence is 11
pleaded and proven, RCW 9A.36.041(3); 12
(b) Cyber harassment, RCW 9A.90.120(2)(b)(i); 13
(c) Harassment, RCW 9A.46.020(2)(b)(i); 14
(d) Indecent exposure, RCW 9A.88.010(2)(c); 15
(e) Stalking, RCW 9A.46.110(5)(b) (i) and (iii);16
(f) Telephone harassment, RCW 9.61.230(2)(a); and17
(g) Violation of a no-contact or protection order, RCW 7.105.450 18
or former RCW 26.50.110(5). 19
(42) "Repetitive domestic violence offense" means any:20
(a)(i) Domestic violence assault that is not a felony offense 21
under RCW 9A.36.041; 22
(ii) Domestic violence violation of a no-contact order under 23
chapter 10.99 RCW that is not a felony offense; 24
(iii) Domestic violence violation of a protection order under 25
chapter 26.09, 26.26A, or 26.26B RCW or former chapter 26.50 RCW, or 26
violation of a domestic violence protection order under chapter 7.105 27
RCW, that is not a felony offense; 28
(iv) Domestic violence harassment offense under RCW 9A.46.020 29
that is not a felony offense; or 30
(v) Domestic violence stalking offense under RCW 9A.46.110 that 31
is not a felony offense; or 32
(b) Any federal, out-of-state, tribal court, military, county, or 33
municipal conviction for an offense that under the laws of this state 34
would be classified as a repetitive domestic violence offense under 35
(a) of this subsection. 36
(43) "Restitution" means a specific sum of money ordered by the 37
sentencing court to be paid by the offender to the court over a 38
specified period of time as payment of damages. The sum may include 39
both public and private costs. 40
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(44) "Risk assessment" means the application of the risk 1
instrument recommended to the department by the Washington state 2
institute for public policy as having the highest degree of 3
predictive accuracy for assessing an offender's risk of reoffense.4
(45) "Serious traffic offense" means: 5
(a) Nonfelony driving while under the influence of intoxicating 6
liquor or any drug (RCW 46.61.502), nonfelony actual physical control 7
while under the influence of intoxicating liquor or any drug (RCW 8
46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an 9
attended vehicle (RCW 46.52.020(5)); or 10
(b) Any federal, out-of-state, county, or municipal conviction 11
for an offense that under the laws of this state would be classified 12
as a serious traffic offense under (a) of this subsection.13
(46) "Serious violent offense" is a subcategory of violent 14
offense and means: 15
(a)(i) Murder in the first degree; 16
(ii) Homicide by abuse; 17
(iii) Murder in the second degree; 18
(iv) Manslaughter in the first degree; 19
(v) Assault in the first degree; 20
(vi) Kidnapping in the first degree; 21
(vii) Rape in the first degree; 22
(viii) Assault of a child in the first degree; or23
(ix) An attempt, criminal solicitation, or criminal conspiracy to 24
commit one of these felonies; or 25
(b) Any federal or out-of-state conviction for an offense that 26
under the laws of this state would be a felony classified as a 27
serious violent offense under (a) of this subsection.28
(47) "Sex offense" means: 29
(a)(i) A felony that is a violation of chapter 9A.44 RCW other 30
than RCW 9A.44.132; 31
(ii) A violation of RCW 9A.64.020; 32
(iii) A felony that is a violation of chapter 9.68A RCW other 33
than RCW 9.68A.080; 34
(iv) A felony that is, under chapter 9A.28 RCW, a criminal 35
attempt, criminal solicitation, or criminal conspiracy to commit such 36
crimes; or 37
(v) A felony violation of RCW 9A.44.132(1) (failure to register 38
as a sex offender) if the person has been convicted of violating RCW 39
p. 13 HB 2014
9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 1
prior to June 10, 2010, on at least one prior occasion;2
(b) Any conviction for a felony offense in effect at any time 3
prior to July 1, 1976, that is comparable to a felony classified as a 4
sex offense in (a) of this subsection; 5
(c) A felony with a finding of sexual motivation under RCW 6
9.94A.835 or 13.40.135; or 7
(d) Any federal or out-of-state conviction for an offense that 8
under the laws of this state would be a felony classified as a sex 9
offense under (a) of this subsection. 10
(48) "Sexual motivation" means that one of the purposes for which 11
the defendant committed the crime was for the purpose of his or her 12
sexual gratification. 13
(49) "Standard sentence range" means the sentencing court's 14
discretionary range in imposing a nonappealable sentence.15
(50) "Statutory maximum sentence" means the maximum length of 16
time for which an offender may be confined as punishment for a crime 17
as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute 18
defining the crime, or other statute defining the maximum penalty for 19
a crime. 20
(51) "Stranger" means that the victim did not know the offender 21
24 hours before the offense. 22
(52) "Total confinement" means confinement inside the physical 23
boundaries of a facility or institution operated or utilized under 24
contract by the state or any other unit of government for 24 hours a 25
day, or pursuant to RCW 72.64.050 and 72.64.060. 26
(53) "Transition training" means written and verbal instructions 27
and assistance provided by the department to the offender during the 28
two weeks prior to the offender's successful completion of the work 29
ethic camp program. The transition training shall include 30
instructions in the offender's requirements and obligations during 31
the offender's period of community custody. 32
(54) "Victim" means any person who has sustained emotional, 33
psychological, physical, or financial injury to person or property as 34
a direct result of the crime charged. 35
(55) "Victim of domestic violence" means an intimate partner or 36
household member who has been subjected to the infliction of physical 37
harm or sexual and psychological abuse by an intimate partner or 38
household member as part of a pattern of assaultive, coercive, and 39
controlling behaviors directed at achieving compliance from or 40
p. 14 HB 2014
control over that intimate partner or household member. Domestic 1
violence includes, but is not limited to, the offenses listed in RCW 2
10.99.020 and 26.50.010 committed by an intimate partner or household 3
member against a victim who is an intimate partner or household 4
member. 5
(56) "Victim of sex trafficking, prostitution, or commercial 6
sexual abuse of a minor" means a person who has been forced or 7
coerced to perform a commercial sex act including, but not limited 8
to, being a victim of offenses defined in RCW 9A.40.100, 9A.88.070, 9
9.68A.101, and the trafficking victims protection act of 2000, 22 10
U.S.C. Sec. 7101 et seq.; or a person who was induced to perform a 11
commercial sex act when they were less than 18 years of age including 12
but not limited to the offenses defined in chapter 9.68A RCW.13
(57) "Victim of sexual assault" means any person who is a victim 14
of a sexual assault offense, nonconsensual sexual conduct, or 15
nonconsensual sexual penetration and as a result suffers physical, 16
emotional, financial, or psychological impacts. Sexual assault 17
offenses include, but are not limited to, the offenses defined in 18
chapter 9A.44 RCW. 19
(58) "Violent offense" means: 20
(a) Any of the following felonies: 21
(i) Any felony defined under any law as a class A felony or an 22
attempt to commit a class A felony; 23
(ii) Criminal solicitation of or criminal conspiracy to commit a 24
class A felony; 25
(iii) Manslaughter in the first degree; 26
(iv) Manslaughter in the second degree; 27
(v) Indecent liberties if committed by forcible compulsion;28
(vi) Kidnapping in the second degree; 29
(vii) Arson in the second degree; 30
(viii) Assault in the second degree; 31
(ix) Assault of a child in the second degree; 32
(x) Extortion in the first degree; 33
(xi) Robbery in the second degree; 34
(xii) Drive-by shooting; 35
(xiii) Vehicular assault, when caused by the operation or driving 36
of a vehicle by a person while under the influence of intoxicating 37
liquor or any drug or by the operation or driving of a vehicle in a 38
reckless manner; and 39
p. 15 HB 2014
(xiv) Vehicular homicide, when proximately caused by the driving 1
of any vehicle by any person while under the influence of 2
intoxicating liquor or any drug as defined by RCW 46.61.502, or by 3
the operation of any vehicle in a reckless manner; 4
(b) Any conviction for a felony offense in effect at any time 5
prior to July 1, 1976, that is comparable to a felony classified as a 6
violent offense in (a) of this subsection; and 7
(c) Any federal or out-of-state conviction for an offense that 8
under the laws of this state would be a felony classified as a 9
violent offense under (a) or (b) of this subsection.10
(59) "Work crew" means a program of partial confinement 11
consisting of civic improvement tasks for the benefit of the 12
community that complies with RCW 9.94A.725. 13
(60) "Work ethic camp" means an alternative incarceration program 14
as provided in RCW 9.94A.690 designed to reduce recidivism and lower 15
the cost of corrections by requiring offenders to complete a 16
comprehensive array of real-world job and vocational experiences, 17
character-building work ethics training, life management skills 18
development, substance abuse rehabilitation, counseling, literacy 19
training, and basic adult education. 20
(61) "Work release" means a program of partial confinement 21
available to offenders who are employed or engaged as a student in a 22
regular course of study at school. 23
Sec. 2. RCW 9.94A.030 and 2024 c 306 s 2 are each amended to 24
read as follows: 25
Unless the context clearly requires otherwise, the definitions in 26
this section apply throughout this chapter. 27
(1) "Board" means the indeterminate sentence review board created 28
under chapter 9.95 RCW. 29
(2) "Collect," or any derivative thereof, "collect and remit," or 30
"collect and deliver," when used with reference to the department, 31
means that the department, either directly or through a collection 32
agreement authorized by RCW 9.94A.760, is responsible for monitoring 33
and enforcing the offender's sentence with regard to the legal 34
financial obligation, receiving payment thereof from the offender, 35
and, consistent with current law, delivering daily the entire payment 36
to the superior court clerk without depositing it in a departmental 37
account. 38
(3) "Commission" means the sentencing guidelines commission.39
p. 16 HB 2014
(4) "Community corrections officer" means an employee of the 1
department who is responsible for carrying out specific duties in 2
supervision of sentenced offenders and monitoring of sentence 3
conditions. 4
(5) "Community custody" means that portion of an offender's 5
sentence of confinement in lieu of earned release time or imposed as 6
part of a sentence under this chapter and served in the community 7
subject to controls placed on the offender's movement and activities 8
by the department. 9
(6) "Community protection zone" means the area within 880 feet of 10
the facilities and grounds of a public or private school.11
(7) "Community restitution" means compulsory service, without 12
compensation, performed for the benefit of the community by the 13
offender. 14
(8) "Confinement" means total or partial confinement.15
(9) "Conviction" means an adjudication of guilt pursuant to Title 16
10 or 13 RCW and includes a verdict of guilty, a finding of guilty, 17
and acceptance of a plea of guilty. 18
(10) "Crime-related prohibition" means an order of a court 19
prohibiting conduct that directly relates to the circumstances of the 20
crime for which the offender has been convicted, and shall not be 21
construed to mean orders directing an offender affirmatively to 22
participate in rehabilitative programs or to otherwise perform 23
affirmative conduct. However, affirmative acts necessary to monitor 24
compliance with the order of a court may be required by the 25
department. 26
(11) "Criminal history" means the list of a defendant's prior 27
convictions and juvenile adjudications, whether in this state, in 28
federal court, or elsewhere, and any issued certificates of 29
restoration of opportunity pursuant to RCW 9.97.020.30
(a) The history shall include, where known, for each conviction 31
(i) whether the defendant has been placed on probation and the length 32
and terms thereof; and (ii) whether the defendant has been 33
incarcerated and the length of incarceration. 34
(b) A conviction may be removed from a defendant's criminal 35
history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 36
9.95.240, or a similar out-of-state statute, or if the conviction has 37
been vacated pursuant to a governor's pardon. However, when a 38
defendant is charged with a recidivist offense, "criminal history" 39
includes a vacated prior conviction for the sole purpose of 40
p. 17 HB 2014
establishing that such vacated prior conviction constitutes an 1
element of the present recidivist offense as provided in RCW 2
9.94A.640(4)(b) and 9.96.060(((7))) (8)(c). 3
(c) The determination of a defendant's criminal history is 4
distinct from the determination of an offender score. A prior 5
conviction that was not included in an offender score calculated 6
pursuant to a former version of the sentencing reform act remains 7
part of the defendant's criminal history. 8
(12) "Criminal street gang" means any ongoing organization, 9
association, or group of three or more persons, whether formal or 10
informal, having a common name or common identifying sign or symbol, 11
having as one of its primary activities the commission of criminal 12
acts, and whose members or associates individually or collectively 13
engage in or have engaged in a pattern of criminal street gang 14
activity. This definition does not apply to employees engaged in 15
concerted activities for their mutual aid and protection, or to the 16
activities of labor and bona fide nonprofit organizations or their 17
members or agents. 18
(13) "Criminal street gang associate or member" means any person 19
who actively participates in any criminal street gang and who 20
intentionally promotes, furthers, or assists in any criminal act by 21
the criminal street gang. 22
(14) "Criminal street gang-related offense" means any felony or 23
misdemeanor offense, whether in this state or elsewhere, that is 24
committed for the benefit of, at the direction of, or in association 25
with any criminal street gang, or is committed with the intent to 26
promote, further, or assist in any criminal conduct by the gang, or 27
is committed for one or more of the following reasons:28
(a) To gain admission, prestige, or promotion within the gang;29
(b) To increase or maintain the gang's size, membership, 30
prestige, dominance, or control in any geographical area;31
(c) To exact revenge or retribution for the gang or any member of 32
the gang; 33
(d) To obstruct justice, or intimidate or eliminate any witness 34
against the gang or any member of the gang; 35
(e) To directly or indirectly cause any benefit, aggrandizement, 36
gain, profit, or other advantage for the gang, its reputation, 37
influence, or membership; or 38
(f) To provide the gang with any advantage in, or any control or 39
dominance over any criminal market sector, including, but not limited 40
p. 18 HB 2014
to, manufacturing, delivering, or selling any controlled substance 1
(chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen 2
property ( chapter 9A.82 RCW); promoting prostitution ( chapter 9A.88 3
RCW); human trafficking (RCW 9A.40.100); promoting commercial sexual 4
abuse of a minor (RCW 9.68A.101); or promoting pornography ( chapter 5
9.68 RCW). 6
(15) "Day fine" means a fine imposed by the sentencing court that 7
equals the difference between the offender's net daily income and the 8
reasonable obligations that the offender has for the support of the 9
offender and any dependents. 10
(16) "Day reporting" means a program of enhanced supervision 11
designed to monitor the offender's daily activities and compliance 12
with sentence conditions, and in which the offender is required to 13
report daily to a specific location designated by the department or 14
the sentencing court. 15
(17) "Department" means the department of corrections.16
(18) "Determinate sentence" means a sentence that states with 17
exactitude the number of actual years, months, or days of total 18
confinement, of partial confinement, of community custody, the number 19
of actual hours or days of community restitution work, or dollars or 20
terms of a legal financial obligation. The fact that an offender 21
through earned release can reduce the actual period of confinement 22
shall not affect the classification of the sentence as a determinate 23
sentence. 24
(19) "Disposable earnings" means that part of the earnings of an 25
offender remaining after the deduction from those earnings of any 26
amount required by law to be withheld. For the purposes of this 27
definition, "earnings" means compensation paid or payable for 28
personal services, whether denominated as wages, salary, commission, 29
bonuses, or otherwise, and, notwithstanding any other provision of 30
law making the payments exempt from garnishment, attachment, or other 31
process to satisfy a court-ordered legal financial obligation, 32
specifically includes periodic payments pursuant to pension or 33
retirement programs, or insurance policies of any type, but does not 34
include payments made under Title 50 RCW, except as provided in RCW 35
50.40.020 and 50.40.050, or Title 74 RCW. 36
(20)(a) "Domestic violence" has the same meaning as defined in 37
RCW 10.99.020. 38
(b) "Domestic violence" also means: (i) Physical harm, bodily 39
injury, assault, or the infliction of fear of imminent physical harm, 40
p. 19 HB 2014
bodily injury, or assault, sexual assault, or stalking, as defined in 1
RCW 9A.46.110, of one intimate partner by another intimate partner as 2
defined in RCW 10.99.020; or (ii) physical harm, bodily injury, 3
assault, or the infliction of fear of imminent physical harm, bodily 4
injury, or assault, sexual assault, or stalking, as defined in RCW 5
9A.46.110, of one family or household member by another family or 6
household member as defined in RCW 10.99.020. 7
(21) "Drug offender sentencing alternative" is a sentencing 8
option available to persons convicted of a felony offense who are 9
eligible for the option under RCW 9.94A.660. 10
(22) "Drug offender sentencing alternative for driving under the 11
influence" is a sentencing option available to persons convicted of 12
felony driving while under the influence of intoxicating liquor or 13
any drug under RCW 46.61.502(6), or felony physical control of a 14
vehicle while under the influence of intoxicating liquor or any drug 15
under RCW 46.61.504(6) who are eligible under RCW 9.94A.661.16
(23) "Drug offense" means: 17
(a) Any felony violation of chapter 69.50 RCW except possession 18
of a controlled substance (RCW 69.50.4013) or forged prescription for 19
a controlled substance (RCW 69.50.403); 20
(b) Any offense defined as a felony under federal law that 21
relates to the possession, manufacture, distribution, or 22
transportation of a controlled substance; or 23
(c) Any out-of-state conviction for an offense that under the 24
laws of this state would be a felony classified as a drug offense 25
under (a) of this subsection. 26
(24) "Earned release" means earned release from confinement as 27
provided in RCW 9.94A.728. 28
(25) "Electronic monitoring" means tracking the location of an 29
individual through the use of technology that is capable of 30
determining or identifying the monitored individual's presence or 31
absence at a particular location including, but not limited to:32
(a) Radio frequency signaling technology, which detects if the 33
monitored individual is or is not at an approved location and 34
notifies the monitoring agency of the time that the monitored 35
individual either leaves the approved location or tampers with or 36
removes the monitoring device; or 37
(b) Active or passive global positioning system technology, which 38
detects the location of the monitored individual and notifies the 39
monitoring agency of the monitored individual's location and which 40
p. 20 HB 2014
may also include electronic monitoring with victim notification 1
technology that is capable of notifying a victim or protected party, 2
either directly or through a monitoring agency, if the monitored 3
individual enters within the restricted distance of a victim or 4
protected party, or within the restricted distance of a designated 5
location. 6
(26) "Escape" means: 7
(a) Sexually violent predator escape (RCW 9A.76.115), escape in 8
the first degree (RCW 9A.76.110), escape in the second degree (RCW 9
9A.76.120), willful failure to return from furlough (RCW 72.66.060), 10
willful failure to return from work release (RCW 72.65.070), or 11
willful failure to be available for supervision by the department 12
while in community custody (RCW 72.09.310); or 13
(b) Any federal or out-of-state conviction for an offense that 14
under the laws of this state would be a felony classified as an 15
escape under (a) of this subsection. 16
(27) "Felony traffic offense" means: 17
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 18
46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-19
run injury-accident (RCW 46.52.020(4)), felony driving while under 20
the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), 21
or felony physical control of a vehicle while under the influence of 22
intoxicating liquor or any drug (RCW 46.61.504(6)); or23
(b) Any federal or out-of-state conviction for an offense that 24
under the laws of this state would be a felony classified as a felony 25
traffic offense under (a) of this subsection. 26
(28) "Fine" means a specific sum of money ordered by the 27
sentencing court to be paid by the offender to the court over a 28
specific period of time. 29
(29) "First-time offender" means any person who has no prior 30
convictions for a felony and is eligible for the first-time offender 31
waiver under RCW 9.94A.650. 32
(30) "Home detention" is a subset of electronic monitoring and 33
means a program of partial confinement available to offenders wherein 34
the offender is confined in a private residence 24 hours a day, 35
unless an absence from the residence is approved, authorized, or 36
otherwise permitted in the order by the court or other supervising 37
agency that ordered home detention, and the offender is subject to 38
electronic monitoring. 39
p. 21 HB 2014
(31) "Homelessness" or "homeless" means a condition where an 1
individual lacks a fixed, regular, and adequate nighttime residence 2
and who has a primary nighttime residence that is: 3
(a) A supervised, publicly or privately operated shelter designed 4
to provide temporary living accommodations; 5
(b) A public or private place not designed for, or ordinarily 6
used as, a regular sleeping accommodation for human beings; or7
(c) A private residence where the individual stays as a transient 8
invitee. 9
(32) "Legal financial obligation" means a sum of money that is 10
ordered by a superior court of the state of Washington for legal 11
financial obligations which may include restitution to the victim, 12
statutorily imposed crime victims' compensation fees as assessed 13
pursuant to RCW 7.68.035, court costs, county or interlocal drug 14
funds, court-appointed attorneys' fees, and costs of defense, fines, 15
and any other financial obligation that is assessed to the offender 16
as a result of a felony conviction. Upon conviction for vehicular 17
assault while under the influence of intoxicating liquor or any drug, 18
RCW 46.61.522(1)(b), or vehicular homicide while under the influence 19
of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal 20
financial obligations may also include payment to a public agency of 21
the expense of an emergency response to the incident resulting in the 22
conviction, subject to RCW 38.52.430. 23
(33) "Most serious offense" means any of the following felonies 24
or a felony attempt to commit any of the following felonies:25
(a) Any felony defined under any law as a class A felony or 26
criminal solicitation of or criminal conspiracy to commit a class A 27
felony; 28
(b) Assault in the second degree; 29
(c) Assault of a child in the second degree; 30
(d) Child molestation in the second degree; 31
(e) Controlled substance homicide; 32
(f) Extortion in the first degree; 33
(g) Incest when committed against a child under age 14;34
(h) Indecent liberties; 35
(i) Kidnapping in the second degree; 36
(j) Leading organized crime; 37
(k) Manslaughter in the first degree; 38
(l) Manslaughter in the second degree; 39
(m) Promoting prostitution in the first degree;40
p. 22 HB 2014
(n) Rape in the third degree; 1
(o) Sexual exploitation; 2
(p) Vehicular assault, when caused by the operation or driving of 3
a vehicle by a person while under the influence of intoxicating 4
liquor or any drug or by the operation or driving of a vehicle in a 5
reckless manner; 6
(q) Vehicular homicide, when proximately caused by the driving of 7
any vehicle by any person while under the influence of intoxicating 8
liquor or any drug as defined by RCW 46.61.502, or by the operation 9
of any vehicle in a reckless manner; 10
(r) Any other class B felony offense with a finding of sexual 11
motivation; 12
(s) Any other felony with a deadly weapon verdict under RCW 13
9.94A.825; 14
(t) Any felony offense in effect at any time prior to December 2, 15
1993, that is comparable to a most serious offense under this 16
subsection, or any federal or out-of-state conviction for an offense 17
that under the laws of this state would be a felony classified as a 18
most serious offense under this subsection; 19
(u)(i) A prior conviction for indecent liberties under RCW 20
9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. 21
sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), 22
and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 23
9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, 24
until July 1, 1988; 25
(ii) A prior conviction for indecent liberties under RCW 26
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, 27
if: (A) The crime was committed against a child under the age of 14; 28
or (B) the relationship between the victim and perpetrator is 29
included in the definition of indecent liberties under RCW 30
9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 31
1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 32
1993, through July 27, 1997; 33
(v) Any out-of-state conviction for a felony offense with a 34
finding of sexual motivation if the minimum sentence imposed was 10 35
years or more; provided that the out-of-state felony offense must be 36
comparable to a felony offense under this title and Title 9A RCW and 37
the out-of-state definition of sexual motivation must be comparable 38
to the definition of sexual motivation contained in this section.39
p. 23 HB 2014
(34) "Nonviolent offense" means an offense which is not a violent 1
offense. 2
(35) "Offender" means a person who has committed a felony 3
established by state law and is 18 years of age or older or is less 4
than 18 years of age but whose case is under superior court 5
jurisdiction under RCW 13.04.030 or has been transferred by the 6
appropriate juvenile court to a criminal court pursuant to RCW 7
13.40.110. In addition, for the purpose of community custody 8
requirements under this chapter, "offender" also means a misdemeanant 9
or gross misdemeanant probationer ordered by a superior court to 10
probation pursuant to RCW 9.92.060, 9.95.204, or 9.95.210 and 11
supervised by the department pursuant to RCW 9.94A.501 and 12
9.94A.5011. Throughout this chapter, the terms "offender" and 13
"defendant" are used interchangeably. 14
(36) "Partial confinement" means confinement ((for no more than 15
one year)) up to 18 months in a facility or institution operated or 16
utilized under contract by the state or any other unit of government, 17
or, if home detention, electronic monitoring, or work crew has been 18
ordered by the court or home detention has been ordered by the 19
department as part of the parenting program or the graduated reentry 20
program, in an approved residence, for a substantial portion of each 21
day with the balance of the day spent in the community. Partial 22
confinement includes work release, home detention, work crew, 23
electronic monitoring, and a combination of work crew, electronic 24
monitoring, and home detention. 25
(37) "Pattern of criminal street gang activity" means:26
(a) The commission, attempt, conspiracy, or solicitation of, or 27
any prior juvenile adjudication of or adult conviction of, two or 28
more of the following criminal street gang-related offenses:29
(i) Any "serious violent" felony offense as defined in this 30
section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a 31
Child 1 (RCW 9A.36.120); 32
(ii) Any "violent" offense as defined by this section, excluding 33
Assault of a Child 2 (RCW 9A.36.130); 34
(iii) Deliver or Possession with Intent to Deliver a Controlled 35
Substance (chapter 69.50 RCW); 36
(iv) Any violation of the firearms and dangerous weapon act 37
(chapter 9.41 RCW); 38
(v) Theft of a Firearm (RCW 9A.56.300); 39
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);40
p. 24 HB 2014
(vii) Hate Crime (RCW 9A.36.080); 1
(viii) Harassment where a subsequent violation or deadly threat 2
is made (RCW 9A.46.020(2)(b)); 3
(ix) Criminal Gang Intimidation (RCW 9A.46.120);4
(x) Any felony conviction by a person 18 years of age or older 5
with a special finding of involving a juvenile in a felony offense 6
under RCW 9.94A.833; 7
(xi) Residential Burglary (RCW 9A.52.025); 8
(xii) Burglary 2 (RCW 9A.52.030); 9
(xiii) Malicious Mischief 1 (RCW 9A.48.070); 10
(xiv) Malicious Mischief 2 (RCW 9A.48.080); 11
(xv) Theft of a Motor Vehicle (RCW 9A.56.065);12
(xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068);13
(xvii) Taking a Motor Vehicle Without Permission 1 (RCW 14
9A.56.070); 15
(xviii) Taking a Motor Vehicle Without Permission 2 (RCW 16
9A.56.075); 17
(xix) Extortion 1 (RCW 9A.56.120); 18
(xx) Extortion 2 (RCW 9A.56.130); 19
(xxi) Intimidating a Witness (RCW 9A.72.110); 20
(xxii) Tampering with a Witness (RCW 9A.72.120);21
(xxiii) Reckless Endangerment (RCW 9A.36.050);22
(xxiv) Coercion (RCW 9A.36.070); 23
(xxv) Harassment (RCW 9A.46.020); or 24
(xxvi) Malicious Mischief 3 (RCW 9A.48.090); 25
(b) That at least one of the offenses listed in (a) of this 26
subsection shall have occurred after July 1, 2008;27
(c) That the most recent committed offense listed in (a) of this 28
subsection occurred within three years of a prior offense listed in 29
(a) of this subsection; and 30
(d) Of the offenses that were committed in (a) of this 31
subsection, the offenses occurred on separate occasions or were 32
committed by two or more persons. 33
(38) "Persistent offender" is an offender who:34
(a)(i) Has been convicted in this state of any felony considered 35
a most serious offense; and 36
(ii) Has, before the commission of the offense under (a) of this 37
subsection, been convicted as an offender on at least two separate 38
occasions, whether in this state or elsewhere, of felonies that under 39
the laws of this state would be considered most serious offenses and 40
p. 25 HB 2014
would be included in the offender score under RCW 9.94A.525; provided 1
that of the two or more previous convictions, at least one conviction 2
must have occurred before the commission of any of the other most 3
serious offenses for which the offender was previously convicted; or4
(b)(i) Has been convicted of: (A) Rape in the first degree, rape 5
of a child in the first degree, child molestation in the first 6
degree, rape in the second degree, rape of a child in the second 7
degree, or indecent liberties by forcible compulsion; (B) any of the 8
following offenses with a finding of sexual motivation: Murder in the 9
first degree, murder in the second degree, homicide by abuse, 10
kidnapping in the first degree, kidnapping in the second degree, 11
assault in the first degree, assault in the second degree, assault of 12
a child in the first degree, assault of a child in the second degree, 13
or burglary in the first degree; or (C) an attempt to commit any 14
crime listed in this subsection (38)(b)(i); and 15
(ii) Has, before the commission of the offense under (b)(i) of 16
this subsection, been convicted as an offender on at least one 17
occasion, whether in this state or elsewhere, of an offense listed in 18
(b)(i) of this subsection or any federal or out-of-state offense or 19
offense under prior Washington law that is comparable to the offenses 20
listed in (b)(i) of this subsection. A conviction for rape of a child 21
in the first degree constitutes a conviction under (b)(i) of this 22
subsection only when the offender was 16 years of age or older when 23
the offender committed the offense. A conviction for rape of a child 24
in the second degree constitutes a conviction under (b)(i) of this 25
subsection only when the offender was 18 years of age or older when 26
the offender committed the offense. 27
(39) "Predatory" means: (a) The perpetrator of the crime was a 28
stranger to the victim, as defined in this section; (b) the 29
perpetrator established or promoted a relationship with the victim 30
prior to the offense and the victimization of the victim was a 31
significant reason the perpetrator established or promoted the 32
relationship; or (c) the perpetrator was: (i) A teacher, counselor, 33
volunteer, or other person in authority in any public or private 34
school and the victim was a student of the school under his or her 35
authority or supervision. For purposes of this subsection, "school" 36
does not include home-based instruction as defined in RCW 37
28A.225.010; (ii) a coach, trainer, volunteer, or other person in 38
authority in any recreational activity and the victim was a 39
participant in the activity under his or her authority or 40
p. 26 HB 2014
supervision; (iii) a pastor, elder, volunteer, or other person in 1
authority in any church or religious organization, and the victim was 2
a member or participant of the organization under his or her 3
authority; or (iv) a teacher, counselor, volunteer, or other person 4
in authority providing home-based instruction and the victim was a 5
student receiving home-based instruction while under his or her 6
authority or supervision. For purposes of this subsection: (A) "Home-7
based instruction" has the same meaning as defined in RCW 8
28A.225.010; and (B) "teacher, counselor, volunteer, or other person 9
in authority" does not include the parent or legal guardian of the 10
victim. 11
(40) "Private school" means a school regulated under chapter 12
28A.195 or 28A.205 RCW. 13
(41) "Public school" has the same meaning as in RCW 28A.150.010.14
(42) "Recidivist offense" means a felony offense where a prior 15
conviction of the same offense or other specified offense is an 16
element of the crime including, but not limited to:17
(a) Assault in the fourth degree where domestic violence is 18
pleaded and proven, RCW 9A.36.041(3); 19
(b) Cyber harassment, RCW 9A.90.120(2)(b)(i); 20
(c) Harassment, RCW 9A.46.020(2)(b)(i); 21
(d) Indecent exposure, RCW 9A.88.010(2)(c); 22
(e) Stalking, RCW 9A.46.110(5)(b) (i) and (iii);23
(f) Telephone harassment, RCW 9.61.230(2)(a); and24
(g) Violation of a no-contact or protection order, RCW 7.105.450 25
or former RCW 26.50.110(5). 26
(43) "Repetitive domestic violence offense" means any:27
(a)(i) Domestic violence assault that is not a felony offense 28
under RCW 9A.36.041; 29
(ii) Domestic violence violation of a no-contact order under 30
chapter 10.99 RCW that is not a felony offense; 31
(iii) Domestic violence violation of a protection order under 32
chapter 26.09, 26.26A, or 26.26B RCW or former chapter 26.50 RCW, or 33
violation of a domestic violence protection order under chapter 7.105 34
RCW, that is not a felony offense; 35
(iv) Domestic violence harassment offense under RCW 9A.46.020 36
that is not a felony offense; or 37
(v) Domestic violence stalking offense under RCW 9A.46.110 that 38
is not a felony offense; or 39
p. 27 HB 2014
(b) Any federal, out-of-state, tribal court, military, county, or 1
municipal conviction for an offense that under the laws of this state 2
would be classified as a repetitive domestic violence offense under 3
(a) of this subsection. 4
(44) "Restitution" means a specific sum of money ordered by the 5
sentencing court to be paid by the offender to the court over a 6
specified period of time as payment of damages. The sum may include 7
both public and private costs. 8
(45) "Risk assessment" means the application of the risk 9
instrument recommended to the department by the Washington state 10
institute for public policy as having the highest degree of 11
predictive accuracy for assessing an offender's risk of reoffense.12
(46) "Serious traffic offense" means: 13
(a)(i) Nonfelony driving while under the influence of 14
intoxicating liquor or any drug (RCW 46.61.502); 15
(ii) Nonfelony actual physical control while under the influence 16
of intoxicating liquor or any drug (RCW 46.61.504);17
(iii) Reckless driving (RCW 46.61.500); 18
(iv) Negligent driving if the conviction is the result of a 19
charge that was originally filed as a violation of RCW 46.61.502 or 20
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 21
46.61.522 while under the influence of intoxicating liquor or any 22
drug (RCW 46.61.5249); 23
(v) Reckless endangerment if the conviction is the result of a 24
charge that was originally filed as a violation of RCW 46.61.502 or 25
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 26
46.61.522 while under the influence of intoxicating liquor or any 27
drug (RCW 9A.36.050); or 28
(vi) Hit-and-run an attended vehicle (RCW 46.52.020(5)); or29
(b) Any federal, out-of-state, county, or municipal conviction 30
for an offense that under the laws of this state would be classified 31
as a serious traffic offense under (a) of this subsection.32
(c) This definition applies for the purpose of a personal 33
driver's license only and does not apply to violations related to a 34
commercial motor vehicle under RCW 46.25.090. 35
(47) "Serious violent offense" is a subcategory of violent 36
offense and means: 37
(a)(i) Murder in the first degree; 38
(ii) Homicide by abuse; 39
(iii) Murder in the second degree; 40
p. 28 HB 2014
(iv) Manslaughter in the first degree; 1
(v) Assault in the first degree; 2
(vi) Kidnapping in the first degree; 3
(vii) Rape in the first degree; 4
(viii) Assault of a child in the first degree; or5
(ix) An attempt, criminal solicitation, or criminal conspiracy to 6
commit one of these felonies; or 7
(b) Any federal or out-of-state conviction for an offense that 8
under the laws of this state would be a felony classified as a 9
serious violent offense under (a) of this subsection.10
(48) "Sex offense" means: 11
(a)(i) A felony that is a violation of chapter 9A.44 RCW other 12
than RCW 9A.44.132; 13
(ii) A violation of RCW 9A.64.020; 14
(iii) A felony that is a violation of chapter 9.68A RCW other 15
than RCW 9.68A.080; 16
(iv) A felony that is, under chapter 9A.28 RCW, a criminal 17
attempt, criminal solicitation, or criminal conspiracy to commit such 18
crimes; or 19
(v) A felony violation of RCW 9A.44.132(1) (failure to register 20
as a sex offender) if the person has been convicted of violating RCW 21
9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 22
prior to June 10, 2010, on at least one prior occasion;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
sex offense in (a) of this subsection; 26
(c) A felony with a finding of sexual motivation under RCW 27
9.94A.835 or 13.40.135; or 28
(d) Any federal or out-of-state conviction for an offense that 29
under the laws of this state would be a felony classified as a sex 30
offense under (a) of this subsection. 31
(49) "Sexual motivation" means that one of the purposes for which 32
the defendant committed the crime was for the purpose of his or her 33
sexual gratification. 34
(50) "Standard sentence range" means the sentencing court's 35
discretionary range in imposing a nonappealable sentence.36
(51) "Statutory maximum sentence" means the maximum length of 37
time for which an offender may be confined as punishment for a crime 38
as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute 39
p. 29 HB 2014
defining the crime, or other statute defining the maximum penalty for 1
a crime. 2
(52) "Stranger" means that the victim did not know the offender 3
24 hours before the offense. 4
(53) "Total confinement" means confinement inside the physical 5
boundaries of a facility or institution operated or utilized under 6
contract by the state or any other unit of government for 24 hours a 7
day, or pursuant to RCW 72.64.050 and 72.64.060. 8
(54) "Transition training" means written and verbal instructions 9
and assistance provided by the department to the offender during the 10
two weeks prior to the offender's successful completion of the work 11
ethic camp program. The transition training shall include 12
instructions in the offender's requirements and obligations during 13
the offender's period of community custody. 14
(55) "Victim" means any person who has sustained emotional, 15
psychological, physical, or financial injury to person or property as 16
a direct result of the crime charged. 17
(56) "Victim of domestic violence" means an intimate partner or 18
household member who has been subjected to the infliction of physical 19
harm or sexual and psychological abuse by an intimate partner or 20
household member as part of a pattern of assaultive, coercive, and 21
controlling behaviors directed at achieving compliance from or 22
control over that intimate partner or household member. Domestic 23
violence includes, but is not limited to, the offenses listed in RCW 24
10.99.020 and 26.50.010 committed by an intimate partner or household 25
member against a victim who is an intimate partner or household 26
member. 27
(57) "Victim of sex trafficking, prostitution, or commercial 28
sexual abuse of a minor" means a person who has been forced or 29
coerced to perform a commercial sex act including, but not limited 30
to, being a victim of offenses defined in RCW 9A.40.100, 9A.88.070, 31
9.68A.101, and the trafficking victims protection act of 2000, 22 32
U.S.C. Sec. 7101 et seq.; or a person who was induced to perform a 33
commercial sex act when they were less than 18 years of age including 34
but not limited to the offenses defined in chapter 9.68A RCW.35
(58) "Victim of sexual assault" means any person who is a victim 36
of a sexual assault offense, nonconsensual sexual conduct, or 37
nonconsensual sexual penetration and as a result suffers physical, 38
emotional, financial, or psychological impacts. Sexual assault 39
p. 30 HB 2014
offenses include, but are not limited to, the offenses defined in 1
chapter 9A.44 RCW. 2
(59) "Violent offense" means: 3
(a) Any of the following felonies: 4
(i) Any felony defined under any law as a class A felony or an 5
attempt to commit a class A felony; 6
(ii) Criminal solicitation of or criminal conspiracy to commit a 7
class A felony; 8
(iii) Manslaughter in the first degree; 9
(iv) Manslaughter in the second degree; 10
(v) Indecent liberties if committed by forcible compulsion;11
(vi) Kidnapping in the second degree; 12
(vii) Arson in the second degree; 13
(viii) Assault in the second degree; 14
(ix) Assault of a child in the second degree; 15
(x) Extortion in the first degree; 16
(xi) Robbery in the second degree; 17
(xii) Drive-by shooting; 18
(xiii) Vehicular assault, when caused by the operation or driving 19
of a vehicle by a person while under the influence of intoxicating 20
liquor or any drug or by the operation or driving of a vehicle in a 21
reckless manner; and 22
(xiv) Vehicular homicide, when proximately caused by the driving 23
of any vehicle by any person while under the influence of 24
intoxicating liquor or any drug as defined by RCW 46.61.502, or by 25
the operation of any vehicle in a reckless manner;26
(b) Any conviction for a felony offense in effect at any time 27
prior to July 1, 1976, that is comparable to a felony classified as a 28
violent offense in (a) of this subsection; and 29
(c) Any federal or out-of-state conviction for an offense that 30
under the laws of this state would be a felony classified as a 31
violent offense under (a) or (b) of this subsection.32
(60) "Work crew" means a program of partial confinement 33
consisting of civic improvement tasks for the benefit of the 34
community that complies with RCW 9.94A.725. 35
(61) "Work ethic camp" means an alternative incarceration program 36
as provided in RCW 9.94A.690 designed to reduce recidivism and lower 37
the cost of corrections by requiring offenders to complete a 38
comprehensive array of real-world job and vocational experiences, 39
character-building work ethics training, life management skills 40
p. 31 HB 2014
development, substance abuse rehabilitation, counseling, literacy 1
training, and basic adult education. 2
(62) "Work release" means a program of partial confinement 3
available to offenders who are employed or engaged as a student in a 4
regular course of study at school. 5
Sec. 3. RCW 9.94A.6551 and 2024 c 193 s 1 are each amended to 6
read as follows: 7
(1)(((a) Except as provided in (b) of this subsection, for )) For 8
an incarcerated individual not sentenced under RCW 9.94A.655, but 9
otherwise eligible under this section, no more than the final ((12)) 10
18 months of the incarcerated individual's term of confinement may be 11
served in partial confinement as home detention as part of the 12
parenting program developed by the department. 13
(((b) For an incarcerated individual not sentenced under RCW 14
9.94A.655, but otherwise eligible under this section, who is 15
participating in the residential parenting program at the department, 16
no more than the final 18 months of the incarcerated individual's 17
term of confinement may be served in partial confinement as home 18
detention as part of the parenting program developed by the 19
department.))20
(2) The secretary may transfer an incarcerated individual from a 21
correctional facility to home detention in the community if it is 22
determined that the parenting program is an appropriate placement and 23
when all of the following conditions exist: 24
(a) The incarcerated individual is serving a sentence in which 25
the high end of the range is greater than one year;26
(b) The incarcerated individual has no current conviction for a 27
felony that is classified as a sex offense or a serious violent 28
offense; 29
(c) The incarcerated individual has no current conviction for a 30
violent offense, or where the incarcerated individual has a current 31
conviction for a violent offense, he or she has not been determined 32
to be a high risk to reoffend; 33
(d) The incarcerated individual signs any release of information 34
waivers required to allow information regarding current or prior 35
child welfare cases to be shared with the department and the court;36
(e) The incarcerated individual is: 37
(i) A parent with guardianship or legal custody of a minor child;38
(ii) An expectant parent; ((or))39
p. 32 HB 2014
(iii) A biological parent, adoptive parent, custodian, or 1
stepparent with a proven, established, ongoing, and substantial 2
relationship with a minor child ((that existed at the time of the 3
offense)); or4
(iv) An individual expected to take over the duties of a parent 5
and be responsible for exercising the day-to-day care and control of 6
a minor child; and 7
(f) The department determines that the incarcerated individual's 8
participation in the parenting program is in the best interests of 9
the child. Nothing in this section provides the department with 10
authority to determine placement of a minor child.11
(3) Except for sex offenses and serious violent offenses, prior 12
juvenile adjudications are not considered offenses when considering 13
eligibility for the parenting program developed by the department.14
(4) When the department is considering partial confinement as 15
part of the parenting program for an incarcerated individual, the 16
department shall inquire of the individual and the department of 17
children, youth, and families whether the agency has an open child 18
welfare case or prior substantiated referral for abuse or neglect 19
involving the incarcerated individual. 20
(5) If the department of children, youth, and families or a 21
tribal jurisdiction has an open child welfare case, the department 22
will seek input from the department of children, youth, and families 23
or the involved tribal jurisdiction as to: (a) The status of the 24
child welfare case; and (b) recommendations regarding placement of 25
the incarcerated individual, services agreed to by the incarcerated 26
individual working voluntarily with the department, or services 27
ordered by the court within the incarcerated individual's child 28
welfare case. The department and its officers, agents, and employees 29
are not liable for the acts of incarcerated individuals participating 30
in the parenting program unless the department or its officers, 31
agents, and employees acted with willful and wanton disregard.32
(6) All incarcerated individuals placed on home detention as part 33
of the parenting program shall provide an approved residence and 34
living arrangement prior to transfer to home detention.35
(7) While in the community on home detention as part of the 36
parenting program, the department shall: 37
(a) Require the individual to be placed on electronic home 38
monitoring; 39
p. 33 HB 2014
(b) Require the individual to participate in programming and 1
treatment that the department determines is needed after 2
consideration of the individual's stated needs; 3
(c) Assign a community corrections officer who will monitor the 4
individual's compliance with conditions of partial confinement and 5
programming requirements; and 6
(d) If the individual has an open child welfare case with the 7
department of children, youth, and families, collaborate and 8
communicate with the identified social worker in the provision of 9
services. 10
(8) The department has the authority to return any incarcerated 11
individual serving partial confinement in the parenting program to 12
total confinement if the individual is not complying with sentence 13
requirements. 14
(9) If the incarcerated individual's earned release date changes 15
after placement in partial confinement under this section, the 16
department may extend the duration of participation in the 17
alternative program by no more than six months or up to the earned 18
release date, whichever comes first.19
(10) For the purposes of this section: 20
(a) "Expectant parent" means a pregnant or other parent awaiting 21
the birth of his or her child, or an adoptive parent or person in the 22
process of a final adoption. 23
(b) "Minor child" means a child under the age of ((eighteen)) 18.24
(((c) "Residential parenting program" means a correctional 25
nursery program administered by the department that allows pregnant, 26
minimum security incarcerated individuals that meet eligibility 27
criteria established by the department to keep their newborn children 28
with them after giving birth in a designated unit and receive support 29
and education in alliance with skilled early childhood educators.))30
Sec. 4. RCW 9.94A.733 and 2023 c 405 s 1 are each amended to 31
read as follows: 32
(1)(a) Except as provided in (b) of this subsection, an 33
((offender)) incarcerated individual may not participate in the 34
graduated reentry program under this subsection unless he or she has 35
served at least ((six)) three months in total confinement in a state 36
correctional facility. 37
(i) An ((offender)) incarcerated individual subject to (a) of 38
this subsection may serve no more than the final ((five)) nine months 39
p. 34 HB 2014
of the ((offender's)) incarcerated individual's term of confinement 1
in partial confinement as home detention as part of the graduated 2
reentry program developed by the department. 3
(ii) Home detention under (a) of this subsection may not be 4
imposed for individuals subject to a deportation order, civil 5
commitment, or the interstate compact for adult offender supervision 6
under RCW 9.94A.745. 7
(b) For ((offenders)) incarcerated individuals who meet the 8
requirements of (b)(iii) of this subsection, an ((offender)) 9
incarcerated individual may not participate in the graduated reentry 10
program unless he or she has served at least ((four)) three months in 11
total confinement in a state correctional facility.12
(i) An ((offender)) incarcerated individual under this subsection 13
(1)(b) may serve no more than the final 18 months of the 14
((offender's)) incarcerated individual's term of confinement in 15
partial confinement as home detention as part of the graduated 16
reentry program developed by the department. 17
(ii) Home detention under this subsection (1)(b) may not be 18
imposed for individuals subject to a deportation order or subject to 19
the jurisdiction of the indeterminate sentence review board.20
(iii) Home detention under this subsection (1)(b) may not be 21
imposed for ((offenders)) incarcerated individuals currently serving 22
a term of confinement for the following offenses: 23
(A) Any sex offense; 24
(B) Any violent offense; or 25
(C) Any crime against a person offense in accordance with the 26
categorization of crimes against persons outlined in RCW 27
9.94A.411(2). 28
(2) The secretary of the department may transfer an ((offender)) 29
incarcerated individual from a department correctional facility to 30
home detention in the community if it is determined that the 31
graduated reentry program is an appropriate placement and must assist 32
the ((offender's)) incarcerated individual's transition from 33
confinement to the community. 34
(3) The department and its officers, agents, and employees are 35
not liable for the acts of ((offenders)) incarcerated individuals 36
participating in the graduated reentry program unless the department 37
or its officers, agents, and employees acted with willful and wanton 38
disregard. 39
p. 35 HB 2014
(4)(a) All ((offenders)) incarcerated individuals placed on home 1
detention as part of the graduated reentry program must provide an 2
approved residence and living arrangement prior to transfer to home 3
detention. 4
(b) The department may not transfer an ((offender)) incarcerated 5
individual to participate in the graduated reentry program until the 6
department has ((conducted)) a ((comprehensive assessment )) 7
clinically appropriate evaluation for substance use ((disorder)) 8
disorders. If the ((offender)) incarcerated individual is ((assessed 9
to have )) diagnosed with a substance use disorder, the department 10
shall assist the ((offender)) incarcerated individual in ((enrolling 11
in)) accessing substance use disorder treatment services ((at the 12
level deemed appropriate by the assessment. Offenders transferred to 13
participate in the graduated reentry program must begin receiving 14
substance use disorder treatment services as soon as practicable 15
after transfer to avoid any delays in treatment. Substance use 16
disorder treatment services shall include, as deemed necessary by the 17
assessment, access to medication-assisted treatment and counseling 18
programs)), including medication treatment if appropriate, in 19
accordance with recommended treatment for severity of disease 20
determined during evaluation . Upon transfer to the graduated reentry 21
program, when clinically appropriate, individuals must be provided 22
with access to self-administered fentanyl testing supplies and 23
medications designed to reverse the effects of opioid overdose.24
(5) While in the community on home detention as part of the 25
graduated reentry program, the department must: 26
(a) Require the ((offender)) incarcerated individual to be placed 27
on electronic home monitoring; 28
(b) Require the ((offender)) incarcerated individual to 29
participate in programming and treatment that the department shall 30
assign based on an ((offender's)) incarcerated individual's assessed 31
need; and 32
(c) Assign a community corrections officer who will monitor the 33
((offender's)) incarcerated individual's compliance with conditions 34
of partial confinement and programming requirements.35
(6) The department retains the authority to return any 36
((offender)) incarcerated individual serving partial confinement in 37
the graduated reentry program to total confinement for any reason 38
including, but not limited to, the ((offender's)) incarcerated 39
individual's noncompliance with any sentence requirement.40
p. 36 HB 2014
(7) The department may issue rental vouchers for a period not to 1
exceed six months for those transferring to partial confinement under 2
this section if an approved address cannot be obtained without the 3
assistance of a voucher. 4
(8) In the selection of ((offenders)) incarcerated individuals to 5
participate in the graduated reentry program, and in setting, 6
modifying, and enforcing the requirements of the graduated reentry 7
program, the department is deemed to be performing a quasi-judicial 8
function. 9
(9) The department shall publish a monthly report on its website 10
with the number of ((offenders)) incarcerated individuals who were 11
transferred during the month to home detention as part of the 12
graduated reentry program. The department shall submit an annual 13
report by December 1st to the appropriate committees of the 14
legislature with the number of ((offenders)) incarcerated individuals 15
who were transferred to home detention as part of the graduated 16
reentry program during the prior year. 17
(10)(a) Beginning July 1, 2023, the following data must be 18
collected and posted to the department's website on a monthly basis:19
(i) The number of ((offenders)) incarcerated individuals who were 20
transferred to the graduated reentry program who were assessed to 21
have a substance use disorder during the prior calendar month; and22
(ii) The number of ((offenders)) incarcerated individuals in the 23
graduated reentry program who received during the prior 12 months:24
(A) Outpatient substance use disorder treatment;25
(B) Inpatient substance use disorder treatment; and26
(C) Both outpatient and inpatient substance use disorder 27
treatment. 28
(b) Beginning July 1, 2023, the health care authority must report 29
monthly to the department on the number of ((offenders)) incarcerated 30
individuals in the graduated reentry program who received substance 31
use disorder outpatient treatment, while in the community, during the 32
prior 12 months. 33
(11) The department must share data with the health care 34
authority on ((offenders)) incarcerated individuals participating in 35
the graduated reentry program. 36
Sec. 5. RCW 9.94A.728 and 2023 c 358 s 1 are each amended to 37
read as follows: 38
p. 37 HB 2014
(1) No incarcerated individual serving a sentence imposed 1
pursuant to this chapter and committed to the custody of the 2
department shall leave the confines of the correctional facility or 3
be released prior to the expiration of the sentence except as 4
follows: 5
(a) An incarcerated individual may earn early release time as 6
authorized by RCW 9.94A.729; 7
(b) An incarcerated individual may leave a correctional facility 8
pursuant to an authorized furlough or leave of absence. In addition, 9
incarcerated individuals may leave a correctional facility when in 10
the custody of a corrections officer or officers; 11
(c)(i) The secretary may authorize an extraordinary medical 12
placement for an incarcerated individual when all of the following 13
conditions exist: 14
(A) The incarcerated individual has been assessed by two 15
physicians and is determined to be one of the following:16
(I) Affected by a permanent or degenerative medical condition to 17
such a degree that the individual does not presently, and likely will 18
not in the future, pose a threat to public safety; or19
(II) In ill health and is expected to die within six months and 20
does not presently, and likely will not in the future, pose a threat 21
to public safety; 22
(B) The incarcerated individual has been assessed as low risk to 23
the community at the time of release; and 24
(C) It is expected that granting the extraordinary medical 25
placement will result in a cost savings to the state.26
(ii) An incarcerated individual sentenced to death or to life 27
imprisonment without the possibility of release or parole is not 28
eligible for an extraordinary medical placement. 29
(iii) The secretary shall require electronic monitoring for all 30
individuals in extraordinary medical placement unless the electronic 31
monitoring equipment is detrimental to the individual's health, 32
interferes with the function of the individual's medical equipment, 33
or results in the loss of funding for the individual's medical care, 34
in which case, an alternative type of monitoring shall be utilized. 35
The secretary shall specify who shall provide the monitoring services 36
and the terms under which the monitoring shall be performed.37
(iv) The secretary may revoke an extraordinary medical placement 38
under this subsection (1)(c) at any time. 39
p. 38 HB 2014
(v) Persistent offenders are not eligible for extraordinary 1
medical placement; 2
(d) The governor, upon recommendation from the clemency and 3
pardons board, may grant an extraordinary release for reasons of 4
serious health problems, senility, advanced age, extraordinary 5
meritorious acts, or other extraordinary circumstances;6
(e) No more than the final ((12)) 18 months of the incarcerated 7
individual's term of confinement may be served in partial confinement 8
for aiding the incarcerated individual with: Finding work as part of 9
the work release program under chapter 72.65 RCW; ((or)) 10
reestablishing himself or herself in the community as part of the 11
parenting program in RCW 9.94A.6551; or participating in outpatient 12
behavioral health treatment . This is in addition to that period of 13
earned early release time that may be exchanged for partial 14
confinement pursuant to RCW 9.94A.729(5)(d); 15
(f)(i) No more than the final ((five)) nine months of the 16
incarcerated individual's term of confinement may be served in 17
partial confinement as home detention as part of the graduated 18
reentry program developed by the department under RCW 19
9.94A.733(1)(a); 20
(ii) For eligible incarcerated individuals under RCW 21
9.94A.733(1)(b), after serving at least ((four)) three months in 22
total confinement in a state correctional facility, an incarcerated 23
individual may serve no more than the final 18 months of the 24
incarcerated individual's term of confinement in partial confinement 25
as home detention as part of the graduated reentry program developed 26
by the department; 27
(g) The governor may pardon any incarcerated individual;28
(h) The department may release an incarcerated individual from 29
confinement any time within 10 days before a release date calculated 30
under this section; 31
(i) An incarcerated individual may leave a correctional facility 32
prior to completion of his or her sentence if the sentence has been 33
reduced as provided in RCW 9.94A.870; 34
(j) Notwithstanding any other provisions of this section, an 35
incarcerated individual sentenced for a felony crime listed in RCW 36
9.94A.540 as subject to a mandatory minimum sentence of total 37
confinement shall not be released from total confinement before the 38
completion of the listed mandatory minimum sentence for that felony 39
crime of conviction unless allowed under RCW 9.94A.540; and40
p. 39 HB 2014
(k) Any individual convicted of one or more crimes committed 1
prior to the individual's 18th birthday may be released from 2
confinement pursuant to RCW 9.94A.730. 3
(2) Notwithstanding any other provision of this section, an 4
incarcerated individual entitled to vacation of a conviction or the 5
recalculation of his or her offender score pursuant to State v. 6
Blake, No. 96873-0 (Feb. 25, 2021), may be released from confinement 7
pursuant to a court order if the incarcerated individual has already 8
served a period of confinement that exceeds his or her new standard 9
range. This provision does not create an independent right to release 10
from confinement prior to resentencing. 11
(3) Individuals residing in a juvenile correctional facility 12
placement pursuant to RCW 72.01.410(1)(a) are not subject to the 13
limitations in this section. 14
NEW SECTION. Sec. 6. The changes to restrictions on the 15
community parenting alternative and partial confinement under 16
sections 1, 2, 3, and 4 of this act apply prospectively and 17
retroactively to persons currently serving a sentence in any facility 18
or institution either operated by the state or utilized under 19
contract.20
NEW SECTION. Sec. 7. Section 1 of this act expires January 1, 21
2026.22
NEW SECTION. Sec. 8. Section 2 of this act takes effect January 23
1, 2026.24
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p. 40 HB 2014