No
person 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:
(1) An offender may earn early release time as authorized by
RCW 9.94A.729;
(2) An offender may leave a correctional facility pursuant
to an authorized furlough or leave of absence. In addition,
offenders may leave a correctional facility when in the custody
of a corrections officer or officers;
(3)(a) The secretary may authorize an extraordinary medical
placement for an offender when all of the following conditions
exist:
(i) The offender has a medical condition that is serious and
is expected to require costly care or treatment;
(ii) The offender poses a low risk to the community because
he or she is currently physically incapacitated due to age or the
medical condition or is expected to be so at the time of release;
and
(iii) It is expected that granting the extraordinary medical
placement will result in a cost savings to the state.
(b) An offender sentenced to death or to life imprisonment
without the possibility of release or parole is not eligible for
an extraordinary medical placement.
(c) The secretary shall require electronic monitoring for
all offenders in extraordinary medical placement unless the
electronic monitoring equipment interferes with the function of
the offender's medical equipment or results in the loss of
funding for the offender'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.
(d) The secretary may revoke an extraordinary medical
placement under this subsection at any time.
(e) Persistent offenders are not eligible for extraordinary
medical placement;
(4) 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;
(5) No more than the final six months of the offender's term
of confinement may be served in partial confinement designed to
aid the offender in finding work and reestablishing himself or
herself in the community or no more than the final twelve months
of the offender's term of confinement may be served in partial
confinement 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);
(6) The governor may pardon any offender;
(7) The department may release an offender from confinement
any time within ten days before a release date calculated under
this section;
(8) An offender 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; and
(9) Notwithstanding any other provisions of this section, an
offender 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.
[2010 c 224 § 6. Prior: 2009 c 455 § 2; (2009 c 455 § 1 expired August 1, 2009); 2009 c 441 § 1; 2009 c 399 § 1; 2008 c 231 § 34; 2007 c 483 § 304; 2004 c 176 § 6; 2003 c 379 § 1; prior: 2002 c 290 § 21; 2002 c 50 § 2; 2000 c 28 § 28; prior: 1999 c 324 § 1; 1999 c 37 § 1; 1996 c 199 § 2; 1995 c 129 § 7 (Initiative Measure No. 159); 1992 c 145 § 8; 1990 c 3 § 202; 1989 c 248 § 2; prior: 1988 c 153 § 3; 1988 c 3 § 1; 1984 c 209 § 8; 1982 c 192 § 6; 1981 c 137 § 15. Formerly RCW 9.94A.150.]
NOTES:
Effective date -- 2009 c 455 § 2: "Section 2 of this act takes effect August 1, 2009." [2009 c 455 § 5.]
Expiration date -- 2009 c 455 § 1: "Section 1 of this act expires August 1, 2009." [2009 c 455 § 6.]
Effective date -- 2009 c 441: "This act takes effect August 1, 2009." [2009 c 441 § 2.]
Effective date -- 2009 c 399: "This act takes effect August 1, 2009." [2009 c 399 § 2.]
Intent -- Application -- Application of repealers -- Effective date -- 2008 c 231: See notes following RCW 9.94A.701.
Severability -- 2008 c 231: See note following RCW 9.94A.500.
Findings -- Part headings not law -- Severability -- 2007 c 483: See RCW 72.78.005, 72.78.900, and 72.78.901.
Severability -- Effective date--2004 c 176: See notes following RCW 9.94A.515.
Severability -- 2003 c 379: "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." [2003 c 379 § 28.]
Effective dates -- 2003 c 379: "(1) Sections 1 through 12,
20, and 28 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and
take effect July 1, 2003.
(2) Sections 13 through 19 and 21 through 27 of this act
take effect October 1, 2003." [2003 c 379 § 29.]
Effective date -- 2002 c 290 §§ 7-11 and 14-23: See note following RCW 9.94A.515.
Intent -- 2002 c 290: See note following RCW 9.94A.517.
Intent -- 2002 c 50: "The legislature has determined in RCW 9.94A.728(2) that the department of corrections may transfer offenders to community custody status in lieu of earned release time in accordance with a program developed by the department of corrections. It is the legislature's intent, in response to: In re: Capello 106 Wn.App. 576 (2001), to clarify the law to reflect that the secretary of the department has, and has had since enactment of the community placement act of 1988, the authority to require all offenders, eligible for release to community custody status in lieu of earned release, to provide a release plan that includes an approved residence and living arrangement prior to any transfer to the community." [2002 c 50 § 1.]
Application -- 2002 c 50: "This act applies to all offenders with community placement or community custody terms currently incarcerated either before, on, or after March 14, 2002." [2002 c 50 § 3.]
Severability -- 2002 c 50: "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." [2002 c 50 § 4.]
Effective date -- 2002 c 50: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 14, 2002]." [2002 c 50 § 5.]
Technical correction bill -- 2000 c 28: See note following RCW 9.94A.015.
Severability -- 1996 c 199: See note following RCW 9.94A.505.
Findings and intent -- Short title -- Severability -- Captions not law -- 1995 c 129: See notes following RCW 9.94A.510.
Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.
Application -- 1989 c 248: See note following RCW 9.92.151.
Effective date -- Application of increased sanctions -- 1988 c 153: See notes following RCW 9.94A.030.
Effective dates -- 1984 c 209: See note following RCW 9.94A.030.
Effective date -- 1981 c 137: See RCW 9.94A.905.