wa-law.org > bill > 2025-26 > HB 1317 > Original Bill
TABLE 1
Sentencing Grid
SERIOUSNESS
LEVEL
OFFENDER SCORE
0
1
2
3
4
5
6
7
8
9 or
more
XVI
Sentence established by RCW 10.95.030.
XV
23y4m
24y4m
25y4m
26y4m
27y4m
28y4m
30y4m
32y10m
36y
40y
240-
250-
261-
271-
281-
291-
312-
338-
370-
411-
320
333
347
361
374
388
416
450
493
548
XIV
14y4m
15y4m
16y2m
17y
17y11m
18y9m
20y5m
22y2m
25y7m
29y
123-
134-
144-
154-
165-
175-
195-
216-
257-
298-
220
234
244
254
265
275
295
316
357
397
XIII
12y
13y
14y
15y
16y
17y
19y
21y
25y
29y
123-
134-
144-
154-
165-
175-
195-
216-
257-
298-
164
178
192
205
219
233
260
288
342
397
XII
9y
9y11m
10y9m
11y8m
12y6m
13y5m
15y9m
17y3m
20y3m
23y3m
93-
102-
111-
120-
129-
138-
162-
178-
209-
240-
123
136
147
160
171
184
216
236
277
318
XI
7y6m
8y4m
9y2m
9y11m
10y9m
11y7m
14y2m
15y5m
17y11m
20y5m
78-
86-
95-
102-
111-
120-
146-
159-
185-
210-
102
114
125
136
147
158
194
211
245
280
X
5y
5y6m
6y
6y6m
7y
7y6m
9y6m
10y6m
12y6m
14y6m
51-
57-
62-
67-
72-
77-
98-
108-
129-
149-
68
75
82
89
96
102
130
144
171
198
IX
3y
3y6m
4y
4y6m
5y
5y6m
7y6m
8y6m
10y6m
12y6m
31-
36-
41-
46-
51-
57-
77-
87-
108-
129-
41
48
54
61
68
75
102
116
144
171
VIII
2y
2y6m
3y
3y6m
4y
4y6m
6y6m
7y6m
8y6m
10y6m
21-
26-
31-
36-
41-
46-
67-
77-
87-
108-
27
34
41
48
54
61
89
102
116
144
VII
18m
2y
2y6m
3y
3y6m
4y
5y6m
6y6m
7y6m
8y6m
15-
21-
26-
31-
36-
41-
57-
67-
77-
87-
20
27
34
41
48
54
75
89
102
116
VI
13m
18m
2y
2y6m
3y
3y6m
4y6m
5y6m
6y6m
7y6m
12+-
15-
21-
26-
31-
36-
46-
57-
67-
77-
14
20
27
34
41
48
61
75
89
102
V
9m
13m
15m
18m
2y2m
3y2m
4y
5y
6y
7y
6-
12+-
13-
15-
22-
33-
41-
51-
62-
72-
12
14
17
20
29
43
54
68
82
96
IV
6m
9m
13m
15m
18m
2y2m
3y2m
4y2m
5y2m
6y2m
3-
6-
12+-
13-
15-
22-
33-
43-
53-
63-
9
12
14
17
20
29
43
57
70
84
III
2m
5m
8m
11m
14m
20m
2y2m
3y2m
4y2m
5y
1-
3-
4-
9-
12+-
17-
22-
33-
43-
51-
3
8
12
12
16
22
29
43
57
68
II
4m
6m
8m
13m
16m
20m
2y2m
3y2m
4y2m
0-90
2-
3-
4-
12+-
14-
17-
22-
33-
43-
Days
6
9
12
14
18
22
29
43
57
I
3m
4m
5m
8m
13m
16m
20m
2y2m
0-60
0-90
2-
2-
3-
4-
12+-
14-
17-
22-
Days
Days
5
6
8
12
14
18
22
29
Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent standard sentence ranges in months, or in days if so designated. 12+ equals one year and one day.
Except to the extent provided in subsection (3) of this section, the following minimum terms of total confinement are mandatory and shall not be varied or modified under RCW 9.94A.535:
An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than 20 years.
An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years.
An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years.
An offender convicted of the crime of sexually violent predator escape shall be sentenced to a minimum term of total confinement not less than 60 months.
An offender convicted of the crime of aggravated first degree murder for a murder that was committed prior to the offender's 21st birthday shall be sentenced to a term of total confinement that is consistent with RCW 10.95.030.
During such minimum terms of total confinement, no offender subject to the provisions of this section is eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release authorized under RCW 9.94A.728, or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer. The provisions of this subsection shall not apply: (a) In the case of an offender in need of emergency medical treatment; (b) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree; (c) for an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c); or (d) for release approved by the board under RCW 9.94A.730.
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Subsection (1)(a) through (d) of this section shall not be applied in sentencing of juveniles tried as adults pursuant to RCW 13.04.030(1)(e)(i).
This subsection (3) applies only to crimes committed on or after July 24, 2005.
Notwithstanding the statutory maximum sentence or any other provision of this chapter, a persistent offender shall be sentenced to a term of total confinement for life without the possibility of release .
A persistent offender is not eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of release as defined under RCW 9.94A.728(1)(b), (c), (e), (h), and (i) or any other form of authorized leave from a correctional facility while not in the direct custody of a corrections officer or officers, except: (a) In the case of an offender in need of emergency medical treatment; or (b) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree.
A persistent offender may be released from confinement by the board under RCW 9.94A.730 or 10.95.030(2).
No incarcerated individual serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:
An incarcerated individual may earn early release time as authorized by RCW 9.94A.729;
An incarcerated individual may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, incarcerated individuals may leave a correctional facility when in the custody of a corrections officer or officers;
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(A) The incarcerated individual has been assessed by two physicians and is determined to be one of the following:
(I) Affected by a permanent or degenerative medical condition to such a degree that the individual does not presently, and likely will not in the future, pose a threat to public safety; or
(II) In ill health and is expected to die within six months and does not presently, and likely will not in the future, pose a threat to public safety;
(B) The incarcerated individual has been assessed as low risk to the community at the time of release; and
(C) It is expected that granting the extraordinary medical placement will result in a cost savings to the state.
ii. An incarcerated individual sentenced to death or to life imprisonment without the possibility of release or parole is not eligible for an extraordinary medical placement.
iii. The secretary shall require electronic monitoring for all individuals in extraordinary medical placement unless the electronic monitoring equipment is detrimental to the individual's health, interferes with the function of the individual's medical equipment, or results in the loss of funding for the individual's medical care, in which case, an alternative type of monitoring shall be utilized. The secretary shall specify who shall provide the monitoring services and the terms under which the monitoring shall be performed.
iv. The secretary may revoke an extraordinary medical placement under this subsection (1)(c) at any time.
v. Persistent offenders are not eligible for extraordinary medical placement;
d. The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;
e. No more than the final 12 months of the incarcerated individual's term of confinement may be served in partial confinement for aiding the incarcerated individual with: Finding work as part of the work release program under chapter 72.65 RCW; or reestablishing himself or herself in the community as part of the parenting program in RCW 9.94A.6551. This is in addition to that period of earned early release time that may be exchanged for partial confinement pursuant to RCW 9.94A.729(5)(d);
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i. No more than the final five months of the incarcerated individual's term of confinement may be served in partial confinement as home detention as part of the graduated reentry program developed by the department under RCW 9.94A.733(1)(a);
ii. For eligible incarcerated individuals under RCW 9.94A.733(1)(b), after serving at least four months in total confinement in a state correctional facility, an incarcerated individual may serve no more than the final 18 months of the incarcerated individual's term of confinement in partial confinement as home detention as part of the graduated reentry program developed by the department;
g. The governor may pardon any incarcerated individual;
h. The department may release an incarcerated individual from confinement any time within 10 days before a release date calculated under this section;
i. An incarcerated individual may leave a correctional facility prior to completion of his or her sentence if the sentence has been reduced as provided in RCW 9.94A.870;
j. Notwithstanding any other provisions of this section, an incarcerated individual sentenced for a felony crime listed in RCW 9.94A.540 as subject to a mandatory minimum sentence of total confinement shall not be released from total confinement before the completion of the listed mandatory minimum sentence for that felony crime of conviction unless allowed under RCW 9.94A.540; and
k. Any individual convicted of one or more crimes committed prior to the individual's 21st birthday may be released from confinement pursuant to RCW 9.94A.730 and 10.95.030(2).
Notwithstanding any other provision of this section, an incarcerated individual entitled to vacation of a conviction or the recalculation of his or her offender score pursuant to , No. 96873-0 (Feb. 25, 2021), may be released from confinement pursuant to a court order if the incarcerated individual has already served a period of confinement that exceeds his or her new standard range. This provision does not create an independent right to release from confinement prior to resentencing.
Individuals residing in a juvenile correctional facility placement pursuant to RCW 72.01.410(1)(a) are not subject to the limitations in this section.
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The term of the sentence of an offender committed to a correctional facility operated by the department may be reduced by earned release time in accordance with procedures that shall be developed and adopted by the correctional agency having jurisdiction in which the offender is confined. The earned release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned release credits in advance of the offender actually earning the credits.
Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department, the administrator of a county jail facility shall certify to the department the amount of time spent in custody at the facility and the number of days of early release credits lost or not earned. The department may approve a jail certification from a correctional agency that calculates early release time based on the actual amount of confinement time served by the offender before sentencing when an erroneous calculation of confinement time served by the offender before sentencing appears on the judgment and sentence. The department must adjust an offender's rate of early release listed on the jail certification to be consistent with the rate applicable to offenders in the department's facilities. However, the department is not authorized to adjust the number of presentence early release days that the jail has certified as lost or not earned.
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An offender who has been convicted of a felony committed after July 23, 1995, that involves any applicable deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, shall not receive any good time credits or earned release time for that portion of his or her sentence that results from any deadly weapon enhancements.
An offender whose sentence includes any impaired driving enhancements under RCW 9.94A.533(7), minor child enhancements under RCW 9.94A.533(13), or both, shall not receive any good time credits or earned release time for any portion of his or her sentence that results from those enhancements.
An offender may earn early release time as follows:
In the case of an offender sentenced pursuant to RCW 10.95.030(2), the offender may not receive any earned early release time during the minimum term of confinement imposed by the court; for any remaining portion of the sentence served by the offender, the aggregate earned release time may not exceed 10 percent of the sentence.
In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 1990, and before July 1, 2003, the aggregate earned release time may not exceed 15 percent of the sentence.
In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2003, the aggregate earned release time may not exceed 10 percent of the sentence.
An offender is qualified to earn up to 50 percent of aggregate earned release time if he or she:
Is not classified as an offender who is at a high risk to reoffend as provided in subsection (4) of this section;
Is not confined pursuant to a sentence for:
(A) A sex offense;
(B) A violent offense;
(C) A crime against persons as defined in RCW 9.94A.411;
(D) A felony that is domestic violence as defined in RCW 10.99.020;
(E) A violation of RCW 9A.52.025 (residential burglary);
(F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
(G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
iii. Has no prior conviction for the offenses listed in (d)(ii) of this subsection;
iv. Participates in programming or activities as directed by the offender's individual reentry plan as provided under RCW 72.09.270 to the extent that such programming or activities are made available by the department; and
v. Has not committed a new felony after July 22, 2007, while under community custody.
e. In no other case shall the aggregate earned release time exceed one-third of the total sentence.
The department shall perform a risk assessment of each offender who may qualify for earned early release under subsection (3)(d) of this section utilizing the risk assessment tool recommended by the Washington state institute for public policy. Subsection (3)(d) of this section does not apply to offenders convicted after July 1, 2010.
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A person who is eligible for earned early release as provided in this section and who will be supervised by the department pursuant to RCW 9.94A.501 or 9.94A.5011, shall be transferred to community custody in lieu of earned release time;
The department shall, as a part of its program for release to the community in lieu of earned release, require the offender to propose a release plan that includes an approved residence and living arrangement. All offenders with community custody terms eligible for release to community custody in lieu of earned release shall provide an approved residence and living arrangement prior to release to the community;
The department may deny transfer to community custody in lieu of earned release time if the department determines an offender's release plan, including proposed residence location and living arrangements, may violate the conditions of the sentence or conditions of supervision, place the offender at risk to violate the conditions of the sentence, place the offender at risk to reoffend, or present a risk to victim safety or community safety. The department's authority under this section is independent of any court-ordered condition of sentence or statutory provision regarding conditions for community custody;
If the department is unable to approve the offender's release plan, the department may do one or more of the following:
Transfer an offender to partial confinement in lieu of earned early release for a period not to exceed three months. The three months in partial confinement is in addition to that portion of the offender's term of confinement that may be served in partial confinement as provided in RCW 9.94A.728(1)(e);
Provide rental vouchers to the offender for a period not to exceed six months if rental assistance will result in an approved release plan.
A voucher must be provided in conjunction with additional transition support programming or services that enable an offender to participate in services including, but not limited to, substance abuse treatment, mental health treatment, sex offender treatment, educational programming, or employment programming;
e. The department shall maintain a list of housing providers that meets the requirements of RCW 72.09.285. If more than two voucher recipients will be residing per dwelling unit, as defined in RCW 59.18.030, rental vouchers for those recipients may only be paid to a housing provider on the department's list;
f. For each offender who is the recipient of a rental voucher, the department shall gather data as recommended by the Washington state institute for public policy in order to best demonstrate whether rental vouchers are effective in reducing recidivism.
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Notwithstanding any other provision of this chapter, any person convicted of one or more crimes committed prior to the person's 21st birthday may petition the indeterminate sentence review board for early release after serving no less than 15 years of total confinement, provided the person has not been convicted for any crime committed subsequent to the person's 21st birthday, the person has not committed a disqualifying serious infraction as defined by the department in the 12 months prior to filing the petition for early release, and the current sentence was not imposed under RCW 10.95.030 , 9.94A.507, or 9.94A.540(1)(a).
Notwithstanding any other provision of law, any person convicted of the crime of murder in the first degree committed prior to the person's 21st birthday may petition the indeterminate sentence review board for early release after serving no less than 20 years of total confinement, provided the person has not been convicted for any crime committed subsequent to the person's 21st birthday, the person has not committed a disqualifying serious infraction as defined by the department of corrections in the 12 months prior to filing the petition for early release, and the current sentence was not imposed under RCW 9.94A.507.
Notwithstanding any other provision of law, any person convicted of the crime of aggravated first degree murder committed prior to the person's 21st birthday may petition the indeterminate sentence review board for early release after serving no less than 25 years of total confinement, provided the person has not been convicted for any crime committed subsequent to the person's 21st birthday, the person has not committed a disqualifying serious infraction as defined by the department of corrections in the 12 months prior to filing the petition for early release, and the current sentence was not imposed under RCW 9.94A.507.
No later than five years prior to the date the offender will be eligible to petition for release, the department shall conduct an assessment of the offender and identify programming and services that would be appropriate to prepare the offender for return to the community. To the extent possible, the department shall make programming available as identified by the assessment.
No later than 180 days from receipt of the petition for early release, the department shall conduct, and the offender shall participate in, an examination of the person, incorporating methodologies that are recognized by experts in the prediction of dangerousness, and including a prediction of the probability that the person will engage in future criminal behavior if released on conditions to be set by the board. The board may consider a person's failure to participate in an evaluation under this subsection in determining whether to release the person. The board shall order the person released under such affirmative and other conditions as the board determines appropriate, unless the board determines by a preponderance of the evidence that, despite such conditions, it is more likely than not that the person will commit new criminal law violations if released. The board shall give public safety considerations the highest priority when making all discretionary decisions regarding the ability for release and conditions of release.
In a hearing conducted under subsection (3) of this section, the board shall provide opportunities for victims and survivors of victims of any crimes for which the offender has been convicted to present statements as set forth in RCW 7.69.032. The procedures for victim and survivor of victim input shall be provided by rule. To facilitate victim and survivor of victim involvement, county prosecutor's offices shall ensure that any victim impact statements and known contact information for victims of record and survivors of victims are forwarded as part of the judgment and sentence.
Any person released by the board pursuant to this section shall comply with conditions imposed or modified pursuant to RCW 9.94A.704(10), in addition to court-imposed conditions.
An offender released by the board is subject to the supervision of the department for a period of time to be determined by the board, up to the length of the court-imposed term of incarceration. The department shall monitor the offender's compliance with conditions of community custody imposed by the court or board and promptly report any violations to the board. Any violation of conditions of community custody established or modified by the board are subject to the provisions of RCW 9.95.425 through 9.95.440.
An offender whose petition for release is denied may file a new petition for release five years from the date of denial or at an earlier date as may be set by the board.
An offender released under the provisions of this section may be returned to the institution at the discretion of the board if the offender is found to have violated a condition of community custody. The offender is entitled to a hearing pursuant to RCW 9.95.435. If the board finds that the offender has committed a new violation, the board may return the offender to the institution for up to the remainder of the court-imposed term of incarceration. The offender may file a new petition for release five years from the date of return to the institution or at an earlier date as may be set by the board.
Except as provided in subsection (2) of this section, any person convicted of the crime of aggravated first degree murder shall be sentenced to life imprisonment without possibility of release or parole. A person sentenced to life imprisonment under this section shall not have that sentence suspended, deferred, or commuted by any judicial officer and the indeterminate sentence review board or its successor may not parole such prisoner nor reduce the period of confinement in any manner whatsoever including but not limited to any sort of good time calculation. The department of social and health services or its successor or any executive official may not permit such prisoner to participate in any sort of release or furlough program.
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Any person convicted of the crime of aggravated first degree murder for an offense committed prior to the person's 16th birthday shall be sentenced to a maximum term of life imprisonment and a minimum term of total confinement of 25 years.
Any person convicted of the crime of aggravated first degree murder for an offense committed when the person is at least 16 years old but less than 18 years old shall be sentenced to a maximum term of life imprisonment and a minimum term of total confinement of no less than 25 years.
Any person convicted of the crime of aggravated first degree murder for an offense committed when the person is at least 18 years old but less than 21 years old shall be sentenced to a maximum term of life imprisonment and a minimum term of total confinement of no less than 25 years if the court determines that the mitigating factors that account for the diminished culpability of youth, as described in (b) of this subsection, apply to the current offense.
In setting a minimum term, the court must take into account mitigating factors that account for the diminished culpability of youth as provided in , 132 S.Ct. 2455 (2012) including, but not limited to, the age of the individual, the youth's childhood and life experience, the degree of responsibility the youth was capable of exercising, and the youth's chances of becoming rehabilitated.
Notwithstanding any other provision of law, any person convicted of one or more crimes committed prior to the person's 21st birthday may petition the indeterminate sentence review board for early release after serving no less than 25 years of total confinement, provided the person has not been convicted for any crime committed subsequent to the person's 21st birthday, the person has not committed a disqualifying serious infraction as defined by the department of corrections in the 12 months prior to filing the petition for early release, and the current sentence was not imposed under RCW 9.94A.507.
A person sentenced under this subsection shall serve the sentence in a facility or institution operated, or utilized under contract, by the state. During the minimum term of total confinement, the person shall not be eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release authorized under RCW 9.94A.728, or any other form of authorized leave or absence from the correctional facility while not in the direct custody of a corrections officer. The provisions of this subsection shall not apply: (i) In the case of an offender in need of emergency medical treatment; or (ii) for an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c).
Any person sentenced pursuant to this subsection shall be subject to community custody under the supervision of the department of corrections and the authority of the indeterminate sentence review board. As part of any sentence under this subsection, the court shall require the person to comply with any conditions imposed by the board.
Any person sentenced pursuant to this subsection shall comply with conditions imposed or modified pursuant to RCW 9.94A.704(10), in addition to court-imposed conditions.
Petitions for early release shall be subject to the provisions of RCW 9.94A.730 (2) through (8).
Sections 2(2), 3, 4, 6, and 7(2)(c) of this act apply retroactively to persons incarcerated on the effective date of this section, regardless of the date of the offense or conviction.
This act does not create any right or entitlement to release from incarceration before the end of a term of incarceration imposed by the court.