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.
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).
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 Policy 320.400 Risk and Needs Assessment Process
- DOC Policy 350.200 Offender Transition and Release
- DOC Policy 380.450 Electronic Monitoring
- DOC Policy 390.580 Family and Offender Sentencing Alternative (FOSA)
- DOC Policy 390.585 Community Parenting Alternative (CPA)
- DOC Policy 580.000 Substance Use Disorder Treatment Services
Below are Department of Corrections (DOC), Health Care Authority (HCA), and Department of Children, Youth, and Families (DCYF) 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 Community Parenting Alternative Goals
- DOC 02-410 Community Parenting Alternative Screening (For Electronic Home Monitoring)
- DOC 14-029 Mental Health/Criminal Justice System Multi-Party Authorization for Release of Information
- DCYF 14-012 Consent/Authorization
- DSHS 17-063 Authorization
- 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.
Below are Department of Corrections (DOC) publications that apply to sentencing.
- Community Parenting Alternative Handbook
- Comunidad Crianza Manual Alternativa (Spanish)
- Community Parenting Alternative (CPA) Sponsor Support Guide
- Guia de apoyo para patrocinadores (Spanish)
- Parenting Sentencing Alternative
Parenting Sentencing Alternatives (FOSA & CPA)
- Legislative Work Group Presentation
On February 29, 2012 DOC staff made a presentation on the Parenting Sentencing Alternative to the House of Representatives Early Learning, Human Services Committee, and to the Public Safety and Emergency Preparedness Committee.
- FOSA Court Process
- FOSA "How to" Reference
- CPA Screening Criteria
- CPA Prisons Process Flowchart