wa-law.org > bill > 2025-26 > HB 1252 > Substitute Bill
In a release order issued under RCW 10.21.030, the judicial officer must:
Include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the defendant's conduct; and
Advise the defendant of:
The penalties for violating a condition of release, including the penalties for committing an offense while on pretrial release; and
The consequences of violating a condition of release, including the immediate issuance of a warrant for the defendant's arrest.
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Where it is in the record before the court that:
(A) The defendant attempted to elude a police vehicle;
(B) The defendant engaged law enforcement in a foot pursuit; or
(C) Substantial resources were required to apprehend the defendant; or
ii. The defendant is charged with a violent offense as defined in RCW 9.94A.030 or an offense relating to firearms as defined in RCW 9.41.010; and
b. Pursuant to RCW 10.21.020, the judicial officer issues an order for the person to either be released on personal recognizance or released on a condition or combination of conditions, the judicial officer must document in writing their rationale for either releasing the defendant on personal recognizance or ordering less bail than what is recommended by the prosecutor.
In the written findings under subsection (2) of this section, the judicial officer must specify how public safety will be ensured and how the defendant's appearance will be ensured, in light of the release order.
For the purposes of this section, "substantial resources" means that law enforcement invested significant efforts into apprehending a suspect including, but not limited to, involvement of multiple units, canine teams, drones, or air support.
The judicial officer in any felony, misdemeanor, or gross misdemeanor case must, in determining whether there are conditions of release that will reasonably assure the safety of any other person and the community, take into account the available information concerning:
The nature and circumstances of the offense charged, including whether the offense is a crime of violence or involved a firearm;
The weight of the evidence against the defendant; and
The history and characteristics of the defendant, including:
The defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings;
Whether, at the time of the current offense or arrest, the defendant was on community supervision, probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal, state, or local law;
The nature and seriousness of the danger to any person or the community that would be posed by the defendant's release;
Whether, at the time of the current offense or arrest or during previous arrests, the defendant attempted to elude a police vehicle, the defendant engaged law enforcement in a foot pursuit, or substantial resources were required to apprehend the defendant; and
The defendant's firearms history, including previous arrests, charges, or convictions for unlawful possession of a firearm, firearm purchase history, any concealed pistol license history, and the requirements of RCW 9.41.800 regarding issuance of an order to surrender and prohibit weapons.
For the purposes of this section, "substantial resources" means that law enforcement invested significant efforts into apprehending a suspect including, but not limited to, involvement of multiple units, canine teams, drones, or air support.
A juvenile may be taken into custody:
Pursuant to a court order if a complaint is filed with the court alleging, and the court finds probable cause to believe, that the juvenile has committed an offense or has violated terms of a disposition order or release order; or
Without a court order, by a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances. Admission to, and continued custody in, a court detention facility shall be governed by subsection (2) of this section; or
Pursuant to a court order that the juvenile be held as a material witness; or
Where the secretary or the secretary's designee has suspended the parole of a juvenile offender.
A juvenile may not be held in detention unless there is probable cause to believe that:
The juvenile has committed an offense or has violated the terms of a disposition order; and
The juvenile will likely fail to appear for further proceedings; or
Detention is required to protect the juvenile from himself or herself; or
The juvenile is a threat to community safety; or
The juvenile will intimidate witnesses or otherwise unlawfully interfere with the administration of justice; or
The juvenile has committed a crime while another case was pending; or
The juvenile is a fugitive from justice; or
The juvenile's parole has been suspended or modified; or
The juvenile is a material witness.
Notwithstanding subsection (2) of this section, and within available funds, a juvenile who has been found guilty of one of the following offenses shall be detained pending disposition: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); or rape of a child in the first degree (RCW 9A.44.073).
Upon a finding that members of the community have threatened the health of a juvenile taken into custody, at the juvenile's request the court may order continued detention pending further order of the court.
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Except as provided in RCW 9.41.280, a juvenile detained under this section may be released upon posting a probation bond set by the court. The juvenile's parent or guardian may sign for the probation bond.
A court authorizing such a release shall issue an order containing a statement of conditions imposed upon the juvenile and shall set the date of his or her next court appearance. The court shall advise the juvenile of any conditions specified in the order and may at any time amend such an order in order to impose additional or different conditions of release upon the juvenile or to return the juvenile to custody for failing to conform to the conditions imposed.
(A) At the time of the current offense or arrest:
(I) The juvenile attempted to elude a police vehicle;
(II) The juvenile engaged law enforcement in a foot pursuit; or
(III) Substantial resources were required to apprehend the juvenile; or
(B) The juvenile is charged with a violent offense as defined in RCW 9.94A.030 or an offense relating to firearms as defined in RCW 9.41.010; and
ii. The court issues an order for the juvenile to either be released on personal recognizance or released on a condition or combination of conditions, the judicial officer must document in writing their rationale for either releasing the juvenile on personal recognizance or setting a probation bond that is less than what is recommended by the prosecutor.
c. In the written findings under subsection (5)(b)(ii), the judicial officer must specify how public safety will be ensured and how the juvenile's appearance will be ensured, in light of the release order.
d. In addition to requiring the juvenile to appear at the next court date, the court may condition the probation bond on the juvenile's compliance with conditions of release. The juvenile's parent or guardian may notify the court that the juvenile has failed to conform to the conditions of release or the provisions in the probation bond.
e. If the parent notifies the court of the juvenile's failure to comply with the probation bond, the court shall notify the surety. As provided in the terms of the bond, the surety shall provide notice to the court of the offender's noncompliance.
f. A juvenile may be released only to a responsible adult or the department of children, youth, and families.
g. Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping.
A monitoring agency, as defined in RCW 9.94A.736, may not agree to monitor pursuant to home detention or electronic monitoring an offender who is currently awaiting trial for a violent or sex offense, as defined in RCW 9.94A.030, unless the defendant's release before trial is secured with a payment of bail and there is real time, 24/7 monitoring and immediate law enforcement dispatch for geographic restriction violations, curfew violations, and strap tampering. If bail is revoked by the court or the bail bond agency, the court shall note the reason for the revocation in the court file.