Wash. Crim. R. Cts. Ltd. Juris. 3.2

If the court does not find, or the 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 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" may include misdemeanors and gross

misdemeanors and 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 subsection (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.

A court of limited jurisdiction may adopt a bail schedule for persons who have been

arrested on probable cause but have not yet made a preliminary appearance before a judicial

officer. The adoption of such a schedule or whether to adopt a schedule, is in the discretion of

each court of limited jurisdiction, and may be adopted by majority vote. Bail schedules are not

subject to GR 7. The supreme court may adopt a uniform bail schedule as an appendix to these

rules.

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 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 victim’s 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 persons 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, 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 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) 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. Release may be revoked only if the

violation is proved by clear and convincing evidence.

(k) Arrest for Violation of Conditions.

(1) Arrest with Warrant. Upon the courts own motion or a verified application by the

prosecuting authority 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 (j).

(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 (j).

(l) 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.

(m) [Reserved.]

(n) 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 appearance is required or violates 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.

(o) Bail in Criminal Offense Cases--Mandatory Appearance.

(1) Except as provided in subsection (2) or (3) below, when required to reasonably assure

appearance in court, bail for a person arrested for a misdemeanor shall be $500 and for a gross

misdemeanor shall be $1,000. In an individual case and after hearing the court for good cause

recited in a written order may set a different bail amount.

(2) A court may adopt a local rule requiring that persons subjected to custodial arrest for a

certain class of offenses be held until they have appeared before a judge.

(3) Pursuant to RCW 10.31.100, a police officer shall arrest and keep in custody, until

release by a judicial officer on bail, personal recognizance, or court order, a person without a

warrant when the officer has probable cause to believe that the person has violated RCW

46.61.502 (Driving Under the Influence) or RCW 46.61.504 (Physical Control of a Vehicle

Under the Influence) or an equivalent local ordinance and the police officer: (i) has knowledge

that the person has a prior offense as defined in RCW 46.61.5055 within 10 years; or (ii) has

knowledge, based on a review of the information available to the officer at the time of arrest, that

the person is charged with or is awaiting arraignment for an offense that would qualify as a prior

offense as defined in RCW 46.61.5055 if it were a conviction.

NOTE: A police officer is not required to keep a person in custody if the person requires

immediate medical attention and is admitted to a hospital.

(p) [Reserved.]

(q) [Reserved.]