Wash. Rev. Code » Title 9 · Chapter 9.92
Revised Code of Washington

Wash. Rev. Code § 9.92.151 (2026)

Early release for good behavior

✓ current as of May 2026
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(1) Except as provided in subsection (2) of this section, the sentence of a prisoner confined in a county jail facility for a felony, gross misdemeanor, or misdemeanor conviction may be reduced by earned release credits in accordance with procedures that shall be developed and promulgated by the correctional agency having jurisdiction. The earned early release time shall be for good behavior and good performance as determined by the correctional agency having jurisdiction. Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. The correctional agency shall not credit the offender with earned early release credits in advance of the offender actually earning the credits. In the case of an offender convicted of a serious violent offense or a sex offense that is a class A felony committed on or after July 1, 1990, the aggregate earned early release time may not exceed fifteen percent of the sentence. In no other case may the aggregate earned early release time exceed one-third of the total sentence.
(2) An offender serving a term of confinement imposed under RCW 9.94A.670(5)(a) is not eligible for earned release credits under this section.
(3) If an offender is transferred from a county jail to the department, the administrator of a county jail facility shall certify to the department the amount of time spent in custody at the facility and the number of days of early release credits lost or not earned.
[ 2013 2nd sp.s. c 14 s 3; 2009 c 28 s 3; 2004 c 176 s 5; 1990 c 3 s 201; 1989 c 248 s 1.]

Notes:

Application—Recalculation of earned release date—Compilation of sentencing information—Report—Effective date—2013 2nd sp.s. c 14: See notes following RCW 9.94A.517.
Effective date—2009 c 28: See note following RCW 2.24.040.
Severability—Effective date—2004 c 176: See notes following RCW 9.94A.515.
Application—1989 c 248: "This act applies only to sentences imposed for crimes committed on or after July 1, 1989." [ 1989 c 248 s 5.]
Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1990–2024 · leading case: In re the Pers. Restraint of King, 49 P.3d 854 (Wash. 2002).
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In re the Pers. Restraint of King, 49 P.3d 854 (Wash. 2002). · cites it 5× “” King correctly notes the 1995 amendment did not mention RCW 9.92.151, 4 RCW 70.48.210, 5 or RCW 72.”
In re the Pers. Restraint of McWilliams, 340 P.3d 223 (Wash. 2014). “Reduction of time in confinement as a reward for good behavior while in prison pursuant to the authority of the Department of Corrections (DOC) under RCW 9.92.151 and DOC Policy Directive 350.”
Mota v. State, 788 P.2d 538 (Wash. 1990). “248, § 1; RCW 9.92.151. Thus, for convictions after July 1, 1989, the trial court no longer has the authority to grant good-time credit if the sentence is to county jail.”
In Re King, 49 P.3d 854 (Wash. 2002). · cites it 5× “" King correctly notes the 1995 amendment did not mention RCW 9.92.151, [4] RCW 70.48.210, [5] or RCW 72.”
Matter of Pers. Restraint of Schaupp, 831 P.2d 156 (Wash. Ct. App. 1992). · cites it 2× “RCW 9.92.151. These procedures must meet equal protection and due process scrutiny.”
In re the Pers. Restraint Petition of Fogle, 128 Wash. 2d 56 (Wash. 1995). “” RCW 9.92.151(1) (as amended by Laws of 1990, ch.”
In Re the Pers. Restraint of Talley, 260 P.3d 868 (Wash. 2011). · cites it 20× “¶1 The primary issue presented in this case is whether former RCW 9.92.151 (2004) or the equal protection clause of the United States Constitution requires a county jail to provide opportunities for an inmate who is yet to be sentenced to earn credit toward early release, also…”
In Re Pers. Restraint of Erickson, 191 P.3d 917 (Wash. Ct. App. 2008). · cites it 2× “[23] See also RCW 9.92.151 (requiring early release time for good behavior when confined in a county jail).”
In re the Pers. Restraint of Erickson, 146 Wash. App. 576 (Wash. Ct. App. 2008). · cites it 2× “23 See also RCW 9.92.151 (requiring early release time for good behavior when confined in a county jail).”
Petition of Fogle, 904 P.2d 722 (Wash. 1995). “" RCW 9.92.151(1) (as amended by Laws of 1990, ch.”
Pers. Restraint Petition Of Jeffrey M. Kinzle (Wash. Ct. App. 2024). · cites it 2× “729(3)(c) prohibits DOC facilities from awarding earned early release time in excess 10 percent of the sentence, whereas RCW 9.92.151 allows a county jail to award up to 15 percent of the sentence as earned early release time.”
State Of Washington v. Sebastian J. Haller (Wash. Ct. App. 2020). “729 and RCW 9.92.151, only the correctional facility has the ability to grant good time.”
Show all 14 citing cases →
— Wash. Rev. Code § 9.92.151(1) — 6 cases
In re the Pers. Restraint Petition of Fogle, 128 Wash. 2d 56 (Wash. 1995). “” RCW 9.92.151(1) (as amended by Laws of 1990, ch.”
In Re the Pers. Restraint of Talley, 260 P.3d 868 (Wash. 2011). “¶1 The primary issue presented in this case is whether former RCW 9.92.151 (2004) or the equal protection clause of the United States Constitution requires a county jail to provide opportunities for an inmate who is yet to be sentenced to earn credit toward early release, also…”
In Re Pers. Restraint of Erickson, 191 P.3d 917 (Wash. Ct. App. 2008). “[23] See also RCW 9.92.151 (requiring early release time for good behavior when confined in a county jail).”
In re the Pers. Restraint of Erickson, 146 Wash. App. 576 (Wash. Ct. App. 2008). “23 See also RCW 9.92.151 (requiring early release time for good behavior when confined in a county jail).”
Petition of Fogle, 904 P.2d 722 (Wash. 1995). “" RCW 9.92.151(1) (as amended by Laws of 1990, ch.”
— Wash. Rev. Code § 9.92.151(2) — 1 case
In Re the Pers. Restraint of Talley, 260 P.3d 868 (Wash. 2011). “¶1 The primary issue presented in this case is whether former RCW 9.92.151 (2004) or the equal protection clause of the United States Constitution requires a county jail to provide opportunities for an inmate who is yet to be sentenced to earn credit toward early release, also…”
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