Sentencing

In Washington, as in all states, sentencing is prescribed by the judicial court system after an individual has either been found guilty or pled to a charge. For more information, visit the Washington Courts website. See below for sentencing information provided by the Department.

• Capital Punishment
• Frequently Asked Questions
• Sentencing Alternatives
• Resentencing
  • Blake Decision
• Sentencing Calculation Error 2015

The State of Washington utilizes a determinate sentencing grid for the majority of crimes but has indeterminate sentencing reserved for a few crime types. Capital punishment remains a sentencing possibility for a select few crime types. There are also several sentencing alternatives available to the judicial system in lieu of, or in addition to, a period of confinement for a convicted individual. These sentencing alternatives are Drug Offender Sentencing Alternative (DOSA), Parenting Sentencing Alternative (PSA), and Special Sex Offender Sentencing Alternative (SSOSA).

Resources

• Policies
• Forms
• Laws & Regulations
• Publications
• Resource Links

Policies

Below are Department of Corrections (DOC) policies that apply to sentencing.

• DOC Policy 320.010 Pre-Sentence Investigations and Risk Assessment Reports Ordered by the Court
• DOC 320.400 Risk and Needs Assessment Process
• DOC 350.200 Transition and Release
• DOC 380.450 Electronic Monitoring
• DOC 390.580 Family and Offender Sentencing Alternative (FOSA)
• DOC 390.585 Community Parenting Alternative (CPA)
• DOC 580.000 Substance Use Disorder Treatment Services

Forms

Below are Department of Corrections (DOC), Department of Children, Youth, and Families (DCYF), Department of Social and Health Services (DSHS) and Health Care Authority (HCA) forms which are applicable to sentencing.

Parenting Sentencing Alternatives (FOSA & CPA)

• DOC 02-361 Conditions of CPA
• DOC 02-363 Authorization for Release of Information
• DOC 02-409 Reentry Goals - Community Parenting Alternative (pdf)
• DOC 02-410 Electronic Home Monitoring Screening - Community Parenting Alternative (ms-word)
• DOC 14-029 Mental Health/Criminal Justice System Multi-Party Authorization for Release of Information
• DCYF 14-012 Consent/Authorization
• DSHS 17-063 Authorization to Disclose DSHS Records
  • DSHS 17-063 in Microsoft Word Format (MS Word)
  • DSHS 17-063 in Adobe PDF Format (pdf)
• HCA 80-0001 Authorization for Release of Information

Laws & Regulations

Below are state laws (RCWs) that apply to and/or relate to sentencing.

• SSB 6639 – Sentencing Alternatives – Inmates with Minor Children
  An act relating to creating alternatives to total confinement for nonviolent inmates with minor children. This bill was effective June 10, 2010.

Revised Code of Washington (RCW)

• RCW 9.94A – Sentencing Reform Act of 1981
• RCW 9.94A.655 – Parenting Sentencing Alternative
• RCW 9.94A.6551 – Partial confinement as a part of a parenting program.
  (4)(A) While in the community on home detention as part of the parenting program, the Department of Corrections shall require the individual to be placed on electronic home monitoring.
• RCW 9.94A.660 – Drug offender sentencing alternative — Prison-based or residential alternative.
  Pertains to the conditions by which an offender would be eligible for a Drug offender sentencing alternative
• RCW 9.94A.662 – Prison-based drug offender sentencing alternative.
  Pertains to the conditions by which an offender would be eligible specifically for a Prison-based drug offender sentencing alternative and the processes therein
• RCW 9.94A.664 – Residential chemical dependency treatment-based alternative.
  Pertains to the conditions by which an offender would be eligible specifically for a Residential drug offender sentencing alternative and the processes therein
• RCW 9.94A.701 – Community Custody - Offenders sentenced to the custody of the department.
  Pertains to the conditions by which an offender would be permitted to be housed within the community.
• RCW 9.94A.670 – Special sex offender sentencing alternative.
• RCW 9.94A.728 – Release prior to expiration of sentence.
  No more than the final twelve months of the individual's term of confinement may be served in partial confinement as part of the parenting program.
• RCW 10.95 – Capital Punishment – Aggravated First Degree Murder
• RCW 69.50 – Uniform Controlled Substances Act
  Defines the conditions in which an offender may be convicted of a drug-sentence
• RCW 72.01.090 – Rules and regulations
  Establishes the authority of the department to establish policies for the execution of duties as dictated by the legislature and the Washington state court system.
• RCW 72.09.130 – Incentive system for participation in education and work programs-rules-dissemination
  Establishes the authority of the department to provide or restrict programs and opportunities for offenders based on offender conduct.

Washington Administrative Code (WAC)

• WAC 137-24 – Special drug sentencing alternative revocation hearings
  Pertaining to the Departmental process on revoking Drug sentencing alternative from offenders.
• WAC 137-48-050 Procedures for restrictions of incoming and/or outgoing mail.
  Mail procedures as pertains to an inmate sentenced to the death penalty (ISDP) per Policy 490.200 Capital Punishment.
• WAC 388-877B-0340 – Substance use disorder outpatient treatment services—Noncompliance reporting requirements.
  States that the Department must report treatment noncompliance by offenders and the procedures therein.

Publications

Below are Department of Corrections (DOC) publications that apply to sentencing.

Brochures

• Parenting Sentencing Alternative (PSA) (pdf) 500-BR001
• Substance Abuse Recovery Unit (SARU) (pdf) 500-BR002

Fact Sheets

• Drug Offender Sentencing Alternative (DOSA) (pdf) 500-FS003

Handbooks/Guides

• Community Parenting Alternative Handbook (pdf) 500-HA005
  • Comunidad Crianza Manual Alternativa (Spanish) 500-HA005s
• Community Parenting Alternative (CPA) Sponsor Support Guide (pdf) 500-GU006
• Parenting Sentencing Alternative (pdf) 500-GU001

Resource Links

Parenting Sentencing Alternatives (FOSA & CPA)

• FOSA Court Process (pdf)
• FOSA "How to" Reference (pdf)
• CPA Screening Criteria (pdf)
• CPA Prisons Process Flowchart (pdf)

Online Publications: Reports & Studies

• Sex Offender Sentencing in Washington State (pdf)

Other

• Sentencing Guidelines Commission