Wash. Rev. Code » Title 10 · Chapter 10.64
Revised Code of Washington

Wash. Rev. Code § 10.64.025 (2026)

Detention of defendant

✓ current as of May 2026
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(1) A defendant who has been found guilty of a felony and is awaiting sentencing shall be detained unless the court finds by clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of any other person or the community if released. Any bail bond that was posted on behalf of a defendant shall, upon the defendant's conviction, be exonerated.
(2) A defendant who has been found guilty of one of the following offenses shall be detained pending sentencing: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076, and 9A.44.079); child molestation in the first, second, or third degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a minor in the first or second degree (RCW 9A.44.093 and 9A.44.096); indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW 9A.40.090); human trafficking in the first or second degree (RCW 9A.40.100); promoting commercial sexual abuse of a minor (RCW 9.68A.101); any class A or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses.
[ 2011 c 111 s 4; 1996 c 275 s 10; 1989 c 276 s 2.]

Notes:

Finding—1996 c 275: See note following RCW 9.94A.505.
Severability—1989 c 276: See note following RCW 9.95.062.
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1997–2024 · leading case: State v. Blilie, 939 P.2d 691 (Wash. 1997).
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State v. Blilie, 939 P.2d 691 (Wash. 1997). · cites it 32× “On October 15, 1996, Blilie filed a motion seeking an order granting his release or the setting of bail pending sentencing on the grounds RCW 10.64.025 "is unconstitutional and violative of Article IV, § 6 of the Washington State Constitution and Article I, § 14 of the…”
State v. French, 945 P.2d 752 (Wash. Ct. App. 1997). · cites it 11× “Am-west contends that by operation of RCW 10.64.025, the bond was exonerated upon French’s conviction and that French, who also was the owner of the bail bond company posting the bond, lacked the authority to bind Amwest to a new bond.”
State v. Fisher, 35 P.3d 366 (Wash. 2001). “RCW 10.64.025 and 10.64.027 relate to conditions of release of a defendant who has been found “guilty” of a felony and is awaiting sentencing.”
State v. Blilie, 939 P.2d 691 (Wash. 1997). · cites it 31× “On October 15, 1996, Blilie filed a motion seeking an order granting his release or the setting of bail pending sentencing on the grounds RCW 10.64.025 "is unconstitutional and violative of Article IV, § 6 of the Washington State Constitution and Article I, § 14 of the…”
State v. Fisher, 17 P.3d 1200 (Wash. Ct. App. 2001). “Under RCW 10.64.025(1), the court may release a defendant who is awaiting sentence if it finds by clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of others or the community if released.”
State Of Washington, Resp/cross-app V. Brogan R. Bartch, App/cross Resp., 537 P.3d 1091 (Wash. Ct. App. 2023). “previously 3 The State filed a notice of cross appeal “of the issues arising from the judgement [sic] and sentence entered in this case as well as the trial court’s Order of Release finding RCW 10.64.025(2) unconstitutional.” However, the State did not assign error to any…”
State v. Eichelberger, 180 P.3d 880 (Wash. Ct. App. 2008). · cites it 4× “Thus, the temptation for a convicted defendant to make a speedy courtroom exit between the entry of an oral and written ruling would remain if he risked only a finding of contempt.”
State v. Eichelberger, 144 Wash. App. 61 (Wash. Ct. App. 2008). · cites it 4× “¶11 In addition, RCW 10.64.025 supports our conclusion that an oral court order is sufficient to impose custody.”
State v. Fisher, 35 P.3d 366 (Wash. 2001). “On January 7, 1999, the day she pleaded "guilty," her status changed to that of a convicted felon awaiting sentencing.”
State Of Washington, Resp/cross-app V. Cole Edward Krause, App/cross-resp (Wash. Ct. App. 2024). “84599-3-I/14 all four counts, and based on the conviction of rape in the second degree Krause was taken into custody without bail pursuant to RCW 10.64.025. The court imposed a low end, standard range sentence of 17 ½ years in prison.”
State Of Washington v. Bryan Dorsey (Wash. Ct. App. 2013). “Under RCW 10.64.025, there is a presumption that a defendant who has been found guilty of a felony and is awaiting sentencing "shall be detained.”
— Wash. Rev. Code § 10.64.025(1) — 4 cases
State v. French, 945 P.2d 752 (Wash. Ct. App. 1997). “Am-west contends that by operation of RCW 10.64.025, the bond was exonerated upon French’s conviction and that French, who also was the owner of the bail bond company posting the bond, lacked the authority to bind Amwest to a new bond.”
State v. Fisher, 17 P.3d 1200 (Wash. Ct. App. 2001). “Under RCW 10.64.025(1), the court may release a defendant who is awaiting sentence if it finds by clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of others or the community if released.”
State v. Eichelberger, 180 P.3d 880 (Wash. Ct. App. 2008). “Thus, the temptation for a convicted defendant to make a speedy courtroom exit between the entry of an oral and written ruling would remain if he risked only a finding of contempt.”
State v. Eichelberger, 144 Wash. App. 61 (Wash. Ct. App. 2008). “¶11 In addition, RCW 10.64.025 supports our conclusion that an oral court order is sufficient to impose custody.”
— Wash. Rev. Code § 10.64.025(2) — 3 cases
State v. Blilie, 939 P.2d 691 (Wash. 1997). “On October 15, 1996, Blilie filed a motion seeking an order granting his release or the setting of bail pending sentencing on the grounds RCW 10.64.025 "is unconstitutional and violative of Article IV, § 6 of the Washington State Constitution and Article I, § 14 of the…”
State Of Washington, Resp/cross-app V. Brogan R. Bartch, App/cross Resp., 537 P.3d 1091 (Wash. Ct. App. 2023). “previously 3 The State filed a notice of cross appeal “of the issues arising from the judgement [sic] and sentence entered in this case as well as the trial court’s Order of Release finding RCW 10.64.025(2) unconstitutional.” However, the State did not assign error to any…”
State v. Blilie, 939 P.2d 691 (Wash. 1997). “On October 15, 1996, Blilie filed a motion seeking an order granting his release or the setting of bail pending sentencing on the grounds RCW 10.64.025 "is unconstitutional and violative of Article IV, § 6 of the Washington State Constitution and Article I, § 14 of the…”
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