Wash. Rev. Code » Title 72 · Chapter 72.04A
Revised Code of Washington

Wash. Rev. Code § 72.04A.090 (2026)

✓ current as of May 2026
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Whenever a parolee breaches a condition or conditions under which he or she was granted parole, or violates any law of the state or rules and regulations of the indeterminate sentencing [sentence] review board, any probation and parole officer may arrest, or cause the arrest and suspension of parole of, such parolee without a warrant, pending a determination by the board. The facts and circumstances of such conduct of the parolee shall be reported by the probation and parole officer, with recommendations, to the indeterminate sentence review board, who may order the revocation or suspension of parole, revise or modify the conditions of parole or take such other action as may be deemed appropriate in accordance with RCW 9.95.120. The indeterminate sentence review board, after consultation with the secretary of corrections, shall make all rules and regulations concerning procedural matters, which shall include the time when state probation and parole officers shall file with the board reports required by this section, procedures pertaining thereto and the filing of such information as may be necessary to enable the indeterminate sentence review board to perform its functions under this section.
The probation and parole officers shall have like authority and power regarding the arrest and detention of a probationer who has breached a condition or conditions under which he or she was granted probation by the superior court, or violates any law of the state, pending a determination by the superior court.
In the event a probation and parole officer shall arrest or cause the arrest and suspension of parole of a parolee or probationer in accordance with the provisions of this section, such parolee or probationer shall be confined and detained in the county jail of the county in which the parolee or probationer was taken into custody, and the sheriff of such county shall receive and keep in the county jail, where room is available, all prisoners delivered thereto by the probation and parole officer, and such parolees shall not be released from custody on bail or personal recognizance, except upon approval of the indeterminate sentence review board and the issuance by the board of an order of reinstatement on parole on the same or modified conditions of parole.
[ 2012 c 117 s 457; 1981 c 136 s 84; 1979 c 141 s 176; 1969 c 98 s 1; 1967 c 134 s 11.]

Notes:

Effective date—1981 c 136: See RCW 72.09.900.
Severability—Effective date—1969 c 98: See notes following RCW 9.95.120.
Suspension, revision of parole, retaking violators, community corrections officers, etc.: RCW 9.95.120.
Notes of Decisions
Cited in 16 cases, 1969–2011 · leading case: Kellogg v. State, 621 P.2d 133 (Wash. 1980).
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Kellogg v. State, 621 P.2d 133 (Wash. 1980). · cites it 3× “120; see also RCW 72.04A.090. 3 As with the Everett police officers, parole officer Doty had a "reason to believe" there had been a breach of parole conditions or a violation of law, thus her subsequent actions were privileged.”
State v. Haverty, 475 P.2d 887 (Wash. Ct. App. 1970). · cites it 3× “On July 23, 1969, and while awaiting trial of the instant charge, a probation detainer was placed on the defendant pursuant to RCW 72.04A.090 for claimed violation of the conditions of probation.”
Bell v. State, 52 P.3d 503 (Wash. 2002). “080 (placing parolees in the supervision of DOC); RCW 72.04A.090 (charging DOC with the duty to report to the ISRB conduct by parolee in violation of parole conditions); Bishop, 137 Wn.”
Bell v. State, 52 P.3d 503 (Wash. 2002). “080 (placing parolees in the supervision of DOC); RCW 72.04A.090 (charging DOC with the duty to report to the ISRB conduct by parolee in violation of parole conditions); Bishop, 137 Wash.”
State v. Fisher, 35 P.3d 366 (Wash. 2001). “RCW 72.04A.090 allows *226 a probation or parole officer to arrest without a warrant a parolee who breaches a condition of release.”
Pierce v. Yakima Cnty., 251 P.3d 270 (Wash. Ct. App. 2011). “In Forest , the element was not met because RCW 72.04A.090 indicates that parole officers "may" arrest for parole violations, but arrest is not mandatory.”
State v. Kuhn, 503 P.2d 1061 (Wash. 1972). “220; RCW 72.04A.090. In the case before us the record indicates that, in addition to the allegedly stolen items found in the July 6, 1971, search of the appellant’s apartment which appellant contends constituted “tainted evidence”, the court received evidence which indicated…”
January v. Porter, 453 P.2d 876 (Wash. 1969). “*776 That a parole may be suspended or revoked for a mere violation of the conditions or terms of parole or for violation of the rules and regulations not amounting to the commission of a crime is apparent from a reading of RCW 72.04A.090 (Laws of 1967, ch. 134, § 11, p.”
State v. Solis, 685 P.2d 672 (Wash. Ct. App. 1984). “120; RCW 72.04A.090. RCW 9.95.130 provides: "From and after the suspension, cancellation, or revocation of the parole of any convicted person and until his return to custody he shall be deemed an escapee .”
Forest v. State, 814 P.2d 1181 (Wash. Ct. App. 1991). “Although RCW 72.04A.090 indicates that parole officers "may" arrest for parole violations, Rose's wanderings — which may not even have been a violation of his parole in view of the fact that he had permission — provided unlikely grounds for arrest absent a showing that he had…”
Bailey v. Gallagher, 450 P.2d 802 (Wash. 1969). · cites it 2× “The purposes, among others, of the initial arrest and detention in a county jail of a parolee charged with a violation of the conditions of his parole are to assure his presence during the period of time required for the board to make its determination as to the proper…”
In Re the Pers. Restraint of Bonds, 613 P.2d 1196 (Wash. Ct. App. 1980). “120 and RCW 72.04A.090, served him with an order suspending his parole and ordering his detention pending a determination by the parole board whether to revoke parole.”
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