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

(1) A sentence that includes a term or terms of confinement totaling one year or more shall be served in a facility or institution operated, or utilized under contract, by the state, or in home detention pursuant to RCW 9.94A.6551. Except as provided in subsection (3) or (5) of this section, a sentence of up to three hundred sixty-four days of confinement shall be served in a facility operated, licensed, or utilized under contract, by the county, or if home detention or work crew has been ordered by the court, in the residence of either the offender or a member of the offender's immediate family.

     (2) If a county uses a state partial confinement facility for the partial confinement of a person sentenced to confinement for up to three hundred sixty-four days, the county shall reimburse the state for the use of the facility as provided in this subsection. The office of financial management shall set the rate of reimbursement based upon the average per diem cost per offender in the facility. The office of financial management shall determine to what extent, if any, reimbursement shall be reduced or eliminated because of funds provided by the legislature to the department for the purpose of covering the cost of county use of state partial confinement facilities. The office of financial management shall reestablish reimbursement rates each even-numbered year.

     (3) A person who is sentenced for a felony to a term of not more than three hundred sixty-four days, and who is committed or returned to incarceration in a state facility on another felony conviction, either under the indeterminate sentencing laws, chapter 9.95 RCW, or under this chapter shall serve all terms of confinement, including a sentence of not more than three hundred sixty-four days, in a facility or institution operated, or utilized under contract, by the state, consistent with the provisions of RCW 9.94A.589.

     (4) Notwithstanding any other provision of this section, a sentence imposed pursuant to RCW 9.94A.660 which has a standard sentence range of over one year, regardless of length, shall be served in a facility or institution operated, or utilized under contract, by the state.

     (5) Sentences imposed pursuant to RCW 9.94A.507 shall be served in a facility or institution operated, or utilized under contract, by the state.

[2011 c 96 § 11; 2010 c 224 § 10; 2009 c 28 § 5; 2001 2nd sp.s. c 12 § 313; 2000 c 28 § 4; 1995 c 108 § 4; 1991 c 181 § 5; 1988 c 154 § 5; 1986 c 257 § 21; 1984 c 209 § 10; 1981 c 137 § 19.]

Notes:

[2014c113]
Civil action against victim.

(1) A person convicted and confined for any of the offenses set forth in subsection (3) of this section must, prior to commencing any civil action in state court against the victim of such offense, or the victim’s family, first obtain an order authorizing such action to proceed from the sentencing judge, if available, or the presiding judge in the county of conviction.
(2) This section does not apply to an action brought under Title 26 RCW.
(3) This section applies to persons convicted and confined for any serious violent offense as defined in RCW 9.94A.030.
(4) A court may refust to authorize an action, or a claim contained therein, to proceed if the court finds that the action, or claim, is frivoious or malicious. In determining whether an action, or a claim asserted therein, is frivolous or malicious, the court may consider, among other things, whether:
(a) The claim’s realistic chance of ultimate success is slight;
(b) The claim has no arguable basis in law or fact;
(c) It is clear that the party cannot prove facts in support of the claim;
(d) The claim has been brought with the intent to harass the opposing party; or
(e) The claim is substantially similar to a previous claim filed by the inmate because the claim arises from the same operative facts.
(5) For purposes of this section, “victim’s family” includes a victim’s spouse, domestic partner, children, parents, and siblings.
(6) Failure to obtain the authorization required by this section prior to commencing an action may result in loss of early release time or other privileges, or some combination thereof. The department may exercise discretion to determine whether and how the loss may be applied, and the amount of reduction of early release time, loss of other privileges, or some combination thereof. The department shall adopt rules to implement the provisiosn of this subsection.

[2014 c 113 § 1];