Revised Code of Washington
Wash. Rev. Code § 9.31.090 (2026)
Escaped prisoner recaptured
✓ current as of May 2026
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Every person in custody, under sentence of imprisonment for any crime, who shall escape from custody, may be recaptured and imprisoned for a term equal to the unexpired portion of the original term.
[ 1909 c 249 s 89; RRS s 2341.]
Notes:
Indeterminate sentences: Chapter 9.95 RCW.
Notes of Decisions
Cited in 7
cases, 1975–2003 · leading case: In Re the Pers. Restraint of Little, 627 P.2d 543 (Wash. 1981).
In Re the Pers. Restraint of Little, 627 P.2d 543 (Wash. 1981). “Most relevant to this case is RCW 9.31.090, which provides: Every person in custody, under sentence of imprisonment for any crime, who shall escape from custody, may be recaptured and imprisoned for a term equal to the unexpired portion of the original term.”
In Re Roach, 74 P.3d 134 (Wash. 2003). “without the prior approval of the entity in whose custody the offender has been placed.”
In re the Pers. Restraint of Roach, 150 Wash. 2d 29 (Wash. 2003). “shall be tolled by any period of time during which the offender has absented himself or herself. . . without the prior approval of the entity in whose custody the offender has been placed.”
In Re the Pers. Restraint of George, 579 P.2d 354 (Wash. 1978). “Upon his recapture he had been punished, as authorized by RCW 9.31.090, 1 but he had not been forced to forfeit the time he had served on his mandatory sentence.”
State v. Thompson, 669 P.2d 1270 (Wash. Ct. App. 1983). “31 (excluding RCW 9.31.090) was repealed by Laws of 1975, 1st Ex.”
State v. Hickok, 695 P.2d 136 (Wash. Ct. App. 1985). “However, RCW 9.31.090 does not provide the exclusive criminal penalty for work release escapees.”
State v. Sample, 534 P.2d 125 (Wash. Ct. App. 1975). “We hold first that an escaped felon recaptured and returned to the place from which he escaped is not “Any person arrested for any offense” as contemplated by JCrR 2.”
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