| Momentum Bucket | Strong Momentum |
| Legal Title | AN ACT Relating to pretrial release; |
| Bill Description | Concerning pretrial release. |
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What this bill does
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This bill amends existing Washington law by changing procedures for pretrial release and juvenile release and by restricting certain monitoring arrangements. Specifically, it amends RCW 10.21.070, 10.21.050, 13.40.040, and 10.21.090 to require that when the record shows an attempted elude, a foot pursuit, substantial law enforcement resources were used to apprehend the suspect, or the person is charged with a violent or firearms-related offense, a judicial officer who orders release on personal recognizance or release on conditions, or sets bail or a probation bond lower than the prosecutor’s recommendation, must put in writing the reasons and explain how public safety and the person’s appearance will be ensured. The law also adds that, for any felony, misdemeanor, or gross misdemeanor, the judicial officer must consider whether the defendant attempted to elude police, engaged in a foot pursuit, required substantial resources to apprehend, and the defendant’s firearms history when setting conditions of release.
For juveniles, the amended RCW 13.40.040 requires the same written findings in the specified circumstances, allows detained juveniles to be released on posting a probation bond (which a parent or guardian may sign), directs the court to issue an order stating release conditions and the next court appearance, limits release to a responsible adult or the Department of Children, Youth, and Families, and treats failure to appear as bail jumping. The court must also process parental notification about noncompliance and notify the surety as provided by the bond terms.
The amendment to RCW 10.21.090 restricts monitoring agencies (as referenced in RCW 9.94A.736) from agreeing to monitor pretrial defendants charged with violent or sex offenses unless the defendant’s release is secured by payment of bail and the monitoring provides real-time, 24/7 monitoring with immediate law enforcement dispatch for violations of geographic restrictions, curfew violations, and strap tampering. If bail is revoked by the court or a bail bond agency, the court must record the reason in the court file. The bill defines “substantial resources” to include significant law enforcement efforts such as multiple units, canine teams, drones, or air support. Important definitions and cross-referenced provisions (for example the precise meanings of “violent offense,” “sex offense,” “offense relating to firearms,” “monitoring agency,” the referenced RCW 10.21.020/030 content, RCW 9.41.800/9.41.280 specifics, the identity of “the secretary,” and any effective date) are not included in the extracted text.
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Why it matters
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If enacted, judges will have to write specific, case-by-case reasons whenever they release a defendant or juvenile on personal recognizance or set bail lower than the prosecutor recommended in cases involving attempted elude, foot pursuit, use of substantial law enforcement resources, or violent/firearms-related charges, and they must consider a defendant’s firearms history when setting release conditions. Practically, this will increase the court’s paperwork and make judges more cautious about releasing people in those circumstances, which could lead to more pretrial detentions or require clearer, documented safety plans; prosecutors will have stronger factual bases to argue for higher bail but judges retain discretion if they document how safety and appearance will be ensured.
The agencies and people most affected are judicial officers (more documentation and decision burdens), monitoring agencies (they cannot supervise pretrial violent or sex-offense defendants on home detention unless bail is paid and true real-time 24/7 monitoring with immediate law enforcement dispatch is provided, which may force them to decline such cases or incur higher costs), bail bond agencies and sureties (more demand and required court notifications when bail is revoked), law enforcement (expectation of immediate dispatch and additional documentation of substantial-resource apprehensions), and juveniles and their parents/guardians (parents may sign probation bonds, face bail-jumping consequences, and courts must limit releases to responsible adults or DCYF). Key implementation details are unclear from the text provided, including the exact definitions of violent/sex/firearms offenses, the definition of monitoring agency, and any effective date.
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| Official Documents | View Full Bill Text |
| Date Introduced | 02/20/2025 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $599,036.94 |
| COURTS |
| Hearing | House Community Safety (Public) |
| Hearing | House Community Safety (Public) |
| Hearing | House Community Safety (Executive) |