Revised Code of Washington
Wash. Rev. Code § 10.21.040 (2026)
✓ current as of May 2026
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If, after a hearing on offenses prescribed in Article I, section 20 of the state Constitution, the judicial officer finds, by clear and convincing evidence, that a person shows a propensity for violence that creates a substantial likelihood of danger to the community or any persons, and finds that no condition or combination of conditions will reasonably assure the safety of any other person and the community, such judicial officer must order the detention of the person before trial. The detainee is entitled to expedited review of the detention order by the court of appeals under the writ provided in RCW 7.36.160.
[ 2010 c 254 s 6.]
Notes:
Intent—Contingent effective date—2010 c 254: See notes following RCW 10.21.010.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2021–2022 · leading case: Pers. Restraint Petition Of: Patrick Lee Sargent (Wash. Ct. App. 2021).
Pers. Restraint Petition Of: Patrick Lee Sargent (Wash. Ct. App. 2021). “Trial Court’s Statutory Authority under RCW 10.21.040 Sargent argues that the trial court’s order to detain Sargent without bail exceeds the trial court’s authority under RCW 10.”
Pers. Restraint Petition Of Adam J. Diggins (Wash. Ct. App. 2022). “A trial court must deny bail under RCW 10.21.040 if it finds that “no condition or combination of conditions will reasonably assure the safety of any other person and the community.”
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