Wash. Super. Ct. Crim. R. 3.2

If the court does not find, or a court has not previously found, probable cause, the accused

shall be released without conditions.

(a) Presumption of Release in Noncapital Cases.

Any person, other than a person charged with a capital offense, shall at the preliminary

appearance or reappearance pursuant to rule 3.2.1 or CrRLJ 3.2.1 be ordered released on the

accused's personal recognizance pending trial unless:

(1) the court determines that such recognizance will not reasonably assure the accused's

appearance, when required, or

(2) there is shown a likely danger that the accused:

(i) will commit a violent crime, or

(ii) will seek to intimidate or threaten a witness, victim, or court employee, or tamper with

evidence or violate a civil or criminal protection order, criminal no contact order, or family law

restraining order, and/or conditions of release that protect the safety of alleged victims,

witnesses, and the community.

For the purpose of this rule, "violent crimes" are not limited to crimes defined as violent

offenses in RCW 9.94A.030.

In making the determination herein, the court shall, on the available information, consider

the relevant facts including, but not limited to, those in subsections (c) and (e) of this rule.

(b) Showing of Likely Failure to Appear—Least Restrictive Conditions of Release. If

the court determines that the accused is not likely to appear if released on personal recognizance,

the court shall impose the least restrictive of the following conditions that will reasonably assure

that the accused will be present for later hearings, or, if no single condition gives that assurance,

any combination of the following conditions:

(1) Place the accused in the custody of a designated person or organization agreeing to

supervise the accused;

(2) Place restrictions on the travel, association, or place of abode of the accused during the

period of release;

(3) Require the execution of an unsecured bond in a specified amount;

(4) Require the execution of a bond in a specified amount and the deposit in the registry of

the court in cash or other security as directed, of a sum not to exceed 10 percent of the amount of

the bond, such deposit to be returned upon the performance of the conditions of release or

forfeited for violation of any condition of release. If this requirement is imposed, the court must

also authorize a surety bond under section (b)(5);

(5) Require the execution of a bond with sufficient solvent sureties, or the deposit of cash

in lieu thereof;

(6) Require the accused to return to custody during specified hours or to be placed on

electronic monitoring, if available; or

(7) Impose any condition other than detention deemed reasonably necessary to assure

appearance as required. If the court determines that the accused must post a secured or

unsecured bond, the court shall consider, on the available information, the accused’s financial

resources for the purposes of setting a bond that will reasonably assure the accused’s appearance.

(c) Relevant Factors—Future Appearance. In determining which conditions of release

will reasonably assure the accused's appearance, the court shall, on the available information,

consider the relevant facts including but not limited to:

(1) The accused's history of response to legal process, particularly court orders to

personally appear;

(2) The accused's employment status and history, enrollment in an educational institution

or training program, participation in a counseling or treatment program, performance of

volunteer work in the community, participation in school or cultural activities or receipt of

financial assistance from the government;

(3) The accused's family ties and relationships;

(4) The accused's reputation, character and mental condition;

(5) The length of the accused's residence in the community;

(6) The accused's criminal record;

(7) The willingness of responsible members of the community to vouch for the accused's

reliability and assist the accused in complying with conditions of release;

(8) The nature of the charge, if relevant to the risk of nonappearance;

(9) Any other factors indicating the accused's ties to the community.

(d) Showing of Substantial Danger—Conditions of Release. Upon a showing that there

exists a substantial danger that the accused will commit a violent crime or will seek to intimidate

or threaten a witness, victim, or court employee, or tamper with evidence or violate a civil or

criminal protection order, criminal no contact order, or family law restraining order, and/or

conditions of release that protect the safety of alleged victims, witnesses, and the community, the

court may impose one or more of the following nonexclusive conditions:

(1) Prohibit the accused from approaching or communicating in any manner with particular

persons or classes of persons;

(2) Prohibit the accused from going to certain geographical areas or premises;

(3) Prohibit the accused from possessing any dangerous weapons or firearms, or engaging

in certain described activities or possessing or consuming any intoxicating liquors or drugs not

prescribed to the accused;

(4) Require the accused to report regularly to and remain under the supervision of an

officer of the court or other person or agency;

(5) Prohibit the accused from committing any violations of criminal law;

(6) Require the accused to post a secured or unsecured bond or deposit cash in lieu thereof,

conditioned on compliance with all conditions of release. This condition may be imposed only if

no less restrictive condition or combination of conditions would reasonably assure the safety of

the community. If the court determines under this section that the accused must post a secured or

unsecured bond, the court shall consider, on the available information, the accused’s financial

resources for the purposes of setting a bond that will reasonably assure the safety of the

community and prevent the defendant from intimidating or threatening a witness, victim, or court

employee, or tampering with evidence or violating a civil or criminal protection order, criminal

no contact order, or family law restraining order, and/or conditions of release that protect the

safety of alleged victims, witnesses, and the community;

(7) Place the accused in the custody of a designated person or organization agreeing to

supervise the accused;

(8) Place restrictions on the travel, association, or place of abode of the accused during the

period of release;

(9) Require the accused to return to custody during specified hours or to be placed on

electronic monitoring, if available; or

(10) Impose any condition other than detention to assure that the accused will not threaten

or intimidate witnesses, victims, or court employees, or tamper with evidence or violate a civil or

criminal protection order, criminal no contact order, or family law restraining order, and/or

conditions of release that protect the safety of alleged victims, witnesses, and the community,

and reduce danger to others or the community.

(e) Relevant Factors—Showing of Substantial Danger. In determining which conditions

of release will reasonably assure that the accused will not threaten or intimidate witnesses,

victims, or court employees, or tamper with evidence or violate a civil or criminal protection

order, criminal no contact order, or family law restraining order, and/or conditions of release that

protect the safety of alleged victims, witnesses, and the community, and reduce danger to others

or the community, the court shall, on the available information, consider the relevant facts,

including but not limited to:

(1) The accused’s criminal record;

(2) The willingness of responsible members of the community to vouch for the accused’s

reliability and assist the accused in complying with conditions of release;

(3) The nature of the charge;

(4) The accused’s reputation, character and mental condition;

(5) The accused’s past record of threats to victims or witnesses, interference with

witnesses, victims, or court employees, or tampering with evidence or violating a civil or

criminal protection order, criminal no contact order, or family law restraining order, and/or

conditions of release that protect the safety of alleged victims, witnesses, and the community;

(6) Whether or not there is evidence of present threats or intimidation directed to witnesses;

(7) The accused’s past record of committing violent offenses while on pretrial release,

probation, or parole; and

(8) The accused’s past record of use of or threatened use of deadly weapons or firearms,

especially to victims or witnesses.

(f) Delay of Release. The court may delay release of a person in the following

circumstances:

(1) If the person is intoxicated and release will jeopardize the person’s safety or that of

others, the court may delay release of the person or have the person transferred to the custody

and care of a treatment center.

(2) If the person’s mental condition is such that the court believes the person should be

interviewed by a mental health professional for possible commitment to a mental treatment

facility pursuant to RCW 71.05, the court may delay release of the person.

(3) Unless other grounds exist for continued detention, a person detained pursuant to this

section must be released from detention not later than 24 hours after the preliminary appearance.

(g) Release in Capital Cases. Any person charged with a capital offense shall not be

released in accordance with this rule unless the court finds that release on conditions will

reasonably assure that the accused will appear for later hearings, will not intimidate or threaten

witnesses, victims, or court employees, or tamper with evidence or violate a civil or criminal

protection order, criminal no contact order, or family law restraining order, and/or conditions of

release that protect the safety of alleged victims, witnesses, and the community and will not pose

a substantial danger to another or the community. If a risk of flight, interference, or danger is

believed to exist, the person may be ordered detained without bail.

(h) Release After Finding or Plea of Guilty. After a person has been found or pleaded

guilty, and subject to RCW 9.95.062, 9.95.064, 10.64.025, and 10.64.027, the court may revoke,

modify, or suspend the terms of release and/or bail previously ordered.

(i) Order for Release. A court authorizing the release of the accused under this rule shall

issue an appropriate order containing a statement of the conditions imposed, if any, shall inform

the accused of the penalties applicable to violations of the conditions imposed, if any, shall

inform the accused of the penalties applicable to violations of the conditions of the accused's

release and shall advise the accused that a warrant for the accused's arrest may be issued upon

any such violation.

(j) Review of Conditions.

(1) At any time after the preliminary appearance, an accused who is being detained due to

failure to post bail may move for reconsideration of bail. In connection with this motion, both

parties may present information by proffer or otherwise. If deemed necessary for a fair

determination of the issue, the court may direct the taking of additional testimony.

(2) A hearing on the motion shall be held within a reasonable time. An electronic or

stenographic record of the hearing shall be made. Following the hearing, the court shall promptly

enter an order setting out the conditions of release in accordance with section (i). If a bail

requirement is imposed or maintained, the court shall set out its reasons on the record or in

writing.

(k) Amendment or Revocation of Order.

(1) The court ordering the release of an accused on any condition specified in this rule may

at any time on change of circumstances, new information or showing of good cause amend its

order to impose additional or different conditions for release.

(2) Upon a showing that the accused has willfully violated a condition of release, the court

may revoke release and may order forfeiture of any bond. Before entering an order revoking

release or forfeiting bail, the court shall hold a hearing in accordance with section (j). Release

may be revoked only if the violation is proved by clear and convincing evidence.

(l) Arrest for Violation of Conditions.

(1) Arrest With Warrant. Upon the court's own motion or a verified application by the

prosecuting attorney alleging with specificity that an accused has willfully violated a condition

of the accused's release, a court shall order the accused to appear for immediate hearing or issue

a warrant directing the arrest of the accused for immediate hearing for reconsideration of

conditions of release pursuant to section (k).

(2) Arrest Without Warrant. A law enforcement officer having probable cause to believe

that an accused released pending trial for a felony is about to leave the state or has violated a

condition of such release under circumstances rendering the securing of a warrant impracticable

may arrest the accused and take him forthwith before the court for reconsideration of conditions

of release pursuant to section (k).

(m) Evidence. Information stated in, or offered in connection with, any order entered

pursuant to this rule need not conform to the rules pertaining to the admissibility of evidence in a

court of law.

(n) Forfeiture. Nothing contained in this rule shall be construed to prevent the disposition

of any case or class of cases by forfeiture of collateral security where such disposition is

authorized by the court.

(o) Accused Released on Recognizance or Bail--Absence--Forfeiture. If the accused has

been released on the accused's own recognizance, on bail, or has deposited money instead

thereof, and does not appear when the accused's personal appearance is necessary or violated

conditions of release, the court, in addition to the forfeiture of the recognizance, or of the money

deposited, may direct the clerk to issue a bench warrant for the accused's arrest.

Comment

Supersedes RCW 10.16.190; RCW 10.19.010, .020, .025, .050, .070, .080; RCW 10.40.130;

RCW 10.46.170; RCW 10.64.035.