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Sentencing Frequently Asked Questions

How does the Department of Corrections (DOC) determine the earned release date (ERD)

RCW 9.94A.729 determines the appropriate earned release time percentage for the offense.

  1. Start with total sentence length (convert to days).
  2. Subtract the number of days of jail credits.
  3. Subtract the number of days of jail good time credits.
  4. Equals days to be served in DOC prior to earned release credits (pdf) being applied.
  5. Multiply days to be served in DOC with earned time percentage. (Based on offense and timeframe (0%, 10%, 15%, or 33 1/3%).)
  6. Equals DOC earned time credits.
  7. Subtract the number of DOC earned time credits from the days to be served in DOC.
  8. Equals the number days to be served with earned time credits.
  9. Add the total number of days to be served in DOC to your DOC arrival date.

See WAC 137-30-060 for more information about release date.

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How does Corrections determine the maximum expiration date (MaxEx)?

  1. Start with total sentence length (convert to days).
  2. Subtract the number of days of jail credits.
  3. Equals the number days to reach the maximum expiration date.
  4. Add the total number of days to be served in DOC to the DOC arrival date.
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Why does it take so long for someone to be released after resentencing?

Upon receipt of a court order, Corrections' Records Unit completes a series of steps prior to release. We work to complete these actions as quickly as possible. Once the order is received, it may take the department up to 2 business days to process.

Corrections' Records staff will only act on court filed documents that include a court clerk stamp that indicates the document was filed with the date and signature. If the determination that the sentence has been satisfied is completed before 3:00 p.m., the individual will release on that same day. If the determination occurs after 3:00 p.m., the individual will release the next business day.

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What resources are available for those releasing?

The department works to provide a transition for incarcerated persons reentering the community, as well as connecting them with support services to support their success. Corrections has a dedicated multidisciplinary release team to make every effort to identify community resources for the safe and most successful release. This team has solidified processes and partnerships with state and federal agencies as well as community partners. For additional information or to make notice of an upcoming release, email DOC Resentence Planning.

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As an attorney, how do I communicate with my client?

Attorneys can communicate with individuals by phone, email, postal mail or in-person visits.

  • Phone: Corrections does assist with arranging calls between attorneys and incarcerated individuals. The only way for attorneys to schedule phone meetings is by sending written notice to the incarcerated individual.
  • Email: Incarcerated individuals have access to email through the JPay system. JPay emails sent to and from attorneys are never confidential and are not treated as legal mail.
  • U.S. Postal Service: Legal mail is confidential. However, not all mail sent from law offices qualifies as legal mail.
  • In-person: Attorneys may also schedule in-person professional visits with incarcerated individuals.
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