Revised Code of Washington
Chapter 9.94A - Sentencing Reform Act of 1981.
9.94A.870 - Emergency due to inmate population exceeding correctional facility capacity.

RCW 9.94A.870
Emergency due to inmate population exceeding correctional facility capacity.

If the governor finds that an emergency exists in that the population of a state residential correctional facility exceeds its reasonable, maximum capacity, then the governor may do any one or more of the following:
(1) Call the sentencing guidelines commission into an emergency meeting for the purpose of evaluating the standard ranges and other standards. The commission may adopt any revision or amendment to the standard ranges or other standards that it believes appropriate to deal with the emergency situation. The revision or amendment shall be adopted in conformity with chapter 34.05 RCW and shall take effect on the date prescribed by the commission. The legislature shall approve or modify the commission's revision or amendment at the next legislative session after the revision or amendment takes effect. Failure of the legislature to act shall be deemed as approval of the revision or amendment;
(2) Call the clemency and pardons board into an emergency meeting for the purpose of recommending whether the governor's commutation or pardon power should be exercised to meet the present emergency.

[ 1999 c 143 § 13; 1984 c 246 § 1; 1983 c 163 § 4; 1981 c 137 § 16. Formerly RCW 9.94A.160.]
NOTES:

Severability—1984 c 246: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1984 c 246 § 12.]


Effective date—1983 c 163: See note following RCW 9.94A.505.


Effective date—1981 c 137: See RCW 9.94A.905.

Structure Revised Code of Washington

Revised Code of Washington

Title 9 - Crimes and Punishments

Chapter 9.94A - Sentencing Reform Act of 1981.

9.94A.010 - Purpose.

9.94A.015 - Finding—Intent—2000 c 28.

9.94A.020 - Short title.

9.94A.030 - Definitions.

9.94A.035 - Classification of felonies not in Title 9A RCW.

9.94A.171 - Tolling of term of confinement, supervision.

9.94A.190 - Terms of more than one year or less than one year—Where served—Reimbursement of costs.

9.94A.340 - Equal application.

9.94A.345 - Timing.

9.94A.401 - Introduction.

9.94A.411 - Evidentiary sufficiency.

9.94A.421 - Plea agreements—Discussions—Contents of agreements.

9.94A.431 - Plea agreements—Information to court—Approval or disapproval—Sentencing judge not bound.

9.94A.441 - Plea agreements—Criminal history.

9.94A.450 - Plea dispositions.

9.94A.460 - Sentence recommendations.

9.94A.470 - Armed offenders.

9.94A.475 - Plea agreements and sentences for certain offenders—Public records.

9.94A.480 - Judgment and sentence document—Delivery to caseload forecast council.

9.94A.500 - Sentencing hearing—Presentencing procedures—Disclosure of mental health services information.

9.94A.501 - Department must supervise specified offenders—Risk assessment of felony offenders.

9.94A.502 - Domestic violence risk assessment tool.

9.94A.505 - Sentences.

9.94A.506 - Standard sentence ranges—Limitations.

9.94A.507 - Sentencing of sex offenders.

9.94A.510 - Table 1—Sentencing grid.

9.94A.515 - Table 2—Crimes included within each seriousness level.

9.94A.517 - Table 3—Drug offense sentencing grid.

9.94A.518 - Table 4—Drug offenses seriousness level.

9.94A.520 - Offense seriousness level.

9.94A.525 - Offender score.

9.94A.530 - Standard sentence range.

9.94A.533 - Adjustments to standard sentences.

9.94A.535 - Departures from the guidelines.

9.94A.537 - Aggravating circumstances—Sentences above standard range.

9.94A.540 - Mandatory minimum terms.

9.94A.550 - Fines.

9.94A.555 - Findings and intent—1994 c 1.

9.94A.561 - Offender notification and warning.

9.94A.562 - Court-ordered treatment—Required notices.

9.94A.565 - Governor's powers.

9.94A.570 - Persistent offenders.

9.94A.575 - Power to defer or suspend sentences abolished—Exceptions.

9.94A.580 - Specialized training.

9.94A.585 - Which sentences appealable—Procedure—Grounds for reversal—Written opinions.

9.94A.589 - Consecutive or concurrent sentences.

9.94A.595 - Anticipatory offenses.

9.94A.599 - Presumptive ranges that exceed the statutory maximum.

9.94A.603 - Felony alcohol violators—Treatment during incarceration—Conditions.

9.94A.607 - Chemical dependency.

9.94A.631 - Violation of condition or requirement of sentence—Security searches authorized—Arrest by community corrections officer—Confinement in county jail.

9.94A.633 - Violation of condition or requirement—Offender charged with new offense—Sanctions—Procedures.

9.94A.6331 - Sanctions—Where served.

9.94A.6332 - Sanctions—Which entity imposes.

9.94A.6333 - Sanctions—Modification of sentence—Noncompliance hearing.

9.94A.637 - Discharge upon completion of sentence—Certificate of discharge—Issuance, effect of no-contact order—Obligations, counseling after discharge.

9.94A.640 - Vacation of offender's record of conviction.

9.94A.645 - Civil actions against victims by persons convicted and confined for serious violent offenses—Authorization—Court may refuse—Considerations—Result of failure to obtain authorization.

9.94A.647 - Resentencing—Persistent offenders—Robbery in the second degree.

9.94A.648 - Victims of certain crimes—Vacating records of conviction for a class B or class C felony.

9.94A.650 - First-time offender waiver.

9.94A.655 - Parenting sentencing alternative.

9.94A.6551 - Partial confinement as a part of a parenting program.

9.94A.660 - Drug offender sentencing alternative—Prison-based or residential alternative.

9.94A.662 - Prison-based drug offender sentencing alternative.

9.94A.664 - Residential substance use disorder treatment-based alternative.

9.94A.670 - Special sex offender sentencing alternative.

9.94A.680 - Alternatives to total confinement.

9.94A.685 - Alien offenders.

9.94A.690 - Work ethic camp program—Eligibility—Sentencing.

9.94A.695 - Mental health sentencing alternative.

9.94A.701 - Community custody—Offenders sentenced to the custody of the department.

9.94A.702 - Community custody—Offenders sentenced for one year or less.

9.94A.703 - Community custody—Conditions.

9.94A.704 - Community custody—Supervision by the department—Conditions.

9.94A.706 - Community custody—Possession of firearms, ammunition, or explosives prohibited.

9.94A.707 - Community custody—Commencement—Conditions.

9.94A.708 - Community custody—Mental health information—Access by department.

9.94A.709 - Community custody—Sex offenders—Conditions.

9.94A.711 - Community custody—Motor vehicle-related felonies—Sentencing—Report.

9.94A.714 - Community custody—Violations—Electronic monitoring program—Immunity from civil liability.

9.94A.716 - Community custody—Violations—Arrest.

9.94A.717 - Community custody—Supervision compliance credit.

9.94A.718 - Supervision of offenders—Peace officers have authority to assist.

9.94A.722 - Court-ordered treatment—Required disclosures.

9.94A.723 - Court-ordered treatment—Offender's failure to inform.

9.94A.725 - Offender work crews.

9.94A.728 - Release prior to expiration of sentence.

9.94A.7281 - Legislative declaration—Earned release time not an entitlement.

9.94A.729 - Earned release time—Risk assessments.

9.94A.730 - Early release for persons convicted of one or more crimes committed prior to eighteenth birthday—Petition to indeterminate sentence review board—Conditions—Assessment, programming, and services—Examination—Hearing—Supervision—Denial of pe...

9.94A.731 - Term of partial confinement, work release, home detention.

9.94A.733 - Home detention—Graduated reentry program—Requirements for department.

9.94A.734 - Home detention—Conditions.

9.94A.735 - Home detention—Form order.

9.94A.736 - Electronic monitoring—Supervising agency to establish terms and conditions—Duties of monitoring agency.

9.94A.737 - Community custody—Violations—Disciplinary proceedings—Structured violation process—Sanctions.

9.94A.740 - Community custody violators—Arrest, detention, financial responsibility.

9.94A.745 - Interstate compact for adult offender supervision.

9.94A.74501 - State council.

9.94A.74502 - Compact administrator.

9.94A.74503 - Other compacts and agreements—Withdrawal from current compact.

9.94A.74504 - Supervision of transferred offenders—Processing transfer applications.

9.94A.74505 - Review of obligations under compact—Report to legislature.

9.94A.750 - Restitution.

9.94A.753 - Restitution—Application dates.

9.94A.760 - Legal financial obligations.

9.94A.7601 - "Earnings," "disposable earnings," and "obligee" defined.

9.94A.7602 - Legal financial obligation—Notice of payroll deduction—Issuance and content.

9.94A.7603 - Legal financial obligations—Payroll deductions—Maximum amounts withheld, apportionment.

9.94A.7604 - Legal financial obligations—Notice of payroll deduction—Employer or entity rights and responsibilities.

9.94A.7605 - Motion to quash, modify, or terminate payroll deduction—Grounds for relief.

9.94A.7606 - Legal financial obligations—Order to withhold and deliver—Issuance and contents.

9.94A.7607 - Legal financial obligations—Order to withhold and deliver—Duties and rights of person or entity served.

9.94A.7608 - Legal financial obligations—Financial institutions—Service on main office or branch, effect—Collection actions against community bank account, court hearing.

9.94A.7609 - Legal financial obligations—Notice of debt—Service or mailing—Contents—Action on, when.

9.94A.761 - Legal financial obligations—Exemption from notice of payroll deduction or order to withhold and deliver.

9.94A.7701 - Legal financial obligations—Wage assignments—Petition or motion.

9.94A.7702 - Legal financial obligations—Wage assignments—Answer.

9.94A.7703 - Legal financial obligations—Wage assignments—Amounts to be withheld.

9.94A.7704 - Legal financial obligations—Wage assignments—Rules.

9.94A.7705 - Legal financial obligations—Wage assignments—Employer responsibilities.

9.94A.7706 - Legal financial obligations—Wage assignments—Form and rules.

9.94A.7707 - Legal financial obligations—Wage assignments—Service.

9.94A.7708 - Legal financial obligations—Wage assignments—Hearing—Scope of relief.

9.94A.7709 - Legal financial obligations—Wage assignments—Recovery of costs, attorneys' fees.

9.94A.772 - Legal financial obligations—Monthly payment, starting dates—Construction.

9.94A.775 - Legal financial obligations—Termination of supervision—Monitoring of payments.

9.94A.777 - Legal financial obligations—Defendants with mental health conditions.

9.94A.810 - Transition and relapse prevention strategies.

9.94A.820 - Sex offender treatment in the community.

9.94A.825 - Deadly weapon special verdict—Definition.

9.94A.827 - Methamphetamine—Manufacturing with child on premises—Special allegation.

9.94A.829 - Special allegation—Offense committed by criminal street gang member or associate—Procedures.

9.94A.831 - Special allegation—Assault of law enforcement personnel with a firearm—Procedures.

9.94A.832 - Special allegation—Robbery in the first or second degree—Robbery of a pharmacy—Procedures.

9.94A.833 - Special allegation—Involving minor in felony offense—Procedures.

9.94A.834 - Special allegation—Endangerment by eluding a police vehicle—Procedures.

9.94A.835 - Special allegation—Sexual motivation—Procedures.

9.94A.836 - Special allegation—Offense was predatory—Procedures.

9.94A.837 - Special allegation—Victim was under fifteen years of age—Procedures.

9.94A.838 - Special allegation—Victim had diminished capacity—Procedures.

9.94A.839 - Special allegation—Sexual conduct with victim in return for a fee—Procedures.

9.94A.840 - Sex offenders—Release from total confinement—Notification of prosecutor.

9.94A.843 - Sex offenders—Release of information—Immunity.

9.94A.844 - Sex offenders—Discretionary decisions—Immunity.

9.94A.8445 - Community protection zones—Preemption of local regulations—Retrospective application.

9.94A.846 - Sex offenders—Release of information.

9.94A.860 - Sentencing guidelines commission—Membership—Appointments—Terms of office—Expenses and compensation.

9.94A.865 - Standard sentence ranges—Revisions or modifications—Submission to legislature.

9.94A.8673 - Sex offender policy board—Membership—Expenses and compensation.

9.94A.868 - Sex offender policy board—Quarterly meetings.

9.94A.870 - Emergency due to inmate population exceeding correctional facility capacity.

9.94A.875 - Emergency in county jails population exceeding capacity.

9.94A.880 - Clemency and pardons board—Membership—Terms—Chair—Bylaws—Travel expenses—Staff.

9.94A.885 - Clemency and pardons board—Petitions for review—Hearing.

9.94A.890 - Abused victim—Resentencing for murder of abuser.

9.94A.905 - Effective date of RCW 9.94A.080 through 9.94A.130, 9.94A.150 through 9.94A.230, 9.94A.250, 9.94A.260—Sentences apply to felonies committed after June 30, 1984.

9.94A.921 - Effective date—2000 c 28.

9.94A.923 - Nonentitlement.

9.94A.925 - Application—2003 c 379 §§ 13-27.

9.94A.926 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

9.94A.930 - Recodification.