Wash. Rev. Code » Title 9 · Chapter 9.94
Revised Code of Washington

Wash. Rev. Code § 9.94.070 (2026)

Persistent prison misbehavior

✓ current as of May 2026
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(1) An inmate of a state correctional institution who is serving a sentence for an offense committed on or after August 1, 1995, commits the crime of persistent prison misbehavior if the inmate knowingly commits a serious infraction, that does not constitute a class A or class B felony, after losing all potential earned early release time credit.
(2) "Serious infraction" means misconduct that has been designated as a serious infraction by department of corrections rules adopted under RCW 72.09.130.
(3) "State correctional institution" has the same meaning as in RCW 9.94.049.
(4) The crime of persistent prison misbehavior is a class C felony punishable as provided in RCW 9A.20.021. The sentence imposed for this crime must be served consecutive to any sentence being served at the time the crime is committed.
[ 1995 c 385 s 1.]
Notes of Decisions
Cited in 12 cases, 1999–2014 · leading case: State v. Simmons, 98 P.3d 789 (Wash. 2004).
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State v. Simmons, 98 P.3d 789 (Wash. 2004). · cites it 27× “This case requires us to determine whether RCW 9.94.070, which makes it a felony for a prisoner to commit a serious prison infraction after losing all potential earned early release credits, unconstitutionally delegates legislative authority to the Department of Corrections…”
State v. Simmons, 152 Wash. 2d 450 (Wash. 2004). · cites it 26× “This case requires us to determine whether RCW 9.94.070, which makes it a felony for a prisoner to commit a serious prison Infraction after losing all potential earned early release credits, unconstitutionally delegates legislative authority to the Department of Corrections…”
State v. Brown, 142 Wash. 2d 57 (Wash. 2000). · cites it 20× “— Aaron Brown (Brown) was charged with persistent prison misbehavior, RCW 9.94.070. The trial court dismissed the charge and declared the statute uncon *59 stitutional.”
State v. Brown, 11 P.3d 818 (Wash. 2000). · cites it 20× “*819 FACTS On August 13, 1997, Brown, an inmate at the Walla Walla State Correctional Facility, committed a serious infraction: refusing to stand when ordered to do so by a correctional officer to facilitate a search of his cell.”
State v. Ramos, 202 P.3d 383 (Wash. Ct. App. 2009). · cites it 3× “3d 789 (2004), our Supreme Court held that RCW 9.94.070 [7] properly delegated legislative authority to the Department of Corrections (DOC) to adopt rules regarding prison misbehavior.”
State v. Ramos, 149 Wash. App. 266 (Wash. Ct. App. 2009). · cites it 3× “3d 789 (2004), our Supreme Court held that RCW 9.94.070 7 properly delegated legislative authority to the Department of Corrections (DOC) to adopt rules regarding prison misbehavior.”
State v. Simmons, 117 Wash. App. 682 (Wash. Ct. App. 2003). · cites it 29× “with persistent prison misbehavior, a violation of RCW 9.94.070. After denying Simmons’ motion to dismiss, the court found him guilty as charged.”
State v. Simmons, 73 P.3d 380 (Wash. Ct. App. 2003). · cites it 29× “070 is neither void as an unconstitutional delegation of legislative authority nor violative of equal protection, we affirm. FACTS While confined at McNeil Island Corrections Center for an offense committed after August 1, 1995, Simmons committed 46 infractions of prison rules.”
State v. Brown, 977 P.2d 1242 (Wash. Ct. App. 1999). · cites it 11× “— Aaron Brown’s prosecution for persistent prison misbehavior, RCW 9.94.070, was dismissed when the trial court held the statute unconstitutionally delegated to the Department of Corrections (DOC) the power to define a serious infraction, an element of the crime.”
In re the Disciplinary Proceeding Against Petersen, 329 P.3d 853 (Wash. 2014). “Simmons, who was in the custody of the DOC, was charged with persistent prison misbehavior under RCW 9.94.070. Id. at 452 . He argued that the statute impermissibly delegated legislative authority to the DOC.”
State v. Donery, 128 P.3d 1262 (Wash. Ct. App. 2006). · cites it 5× “RCW 9.94.070(1). We hold that the Department of Corrections (DOC) cannot remove good time earned in county jail, and it is therefore not potential earned early release time for the purposes of the persistent prison misbehavior statute.”
In re Disciplinary Proceeding Against Petersen (Wash. 2014). “Simmons, who was in the custody of the DOC, was charged with persistent prison misbehavior under RCW 9.94.070. ld. at 452. He argued that the statute impermissibly delegated legislative authority to the DOC.”
— Wash. Rev. Code § 9.94.070(1) — 5 cases
State v. Simmons, 98 P.3d 789 (Wash. 2004). “This case requires us to determine whether RCW 9.94.070, which makes it a felony for a prisoner to commit a serious prison infraction after losing all potential earned early release credits, unconstitutionally delegates legislative authority to the Department of Corrections…”
State v. Simmons, 152 Wash. 2d 450 (Wash. 2004). “This case requires us to determine whether RCW 9.94.070, which makes it a felony for a prisoner to commit a serious prison Infraction after losing all potential earned early release credits, unconstitutionally delegates legislative authority to the Department of Corrections…”
State v. Simmons, 117 Wash. App. 682 (Wash. Ct. App. 2003). “with persistent prison misbehavior, a violation of RCW 9.94.070. After denying Simmons’ motion to dismiss, the court found him guilty as charged.”
State v. Simmons, 73 P.3d 380 (Wash. Ct. App. 2003). “070 is neither void as an unconstitutional delegation of legislative authority nor violative of equal protection, we affirm. FACTS While confined at McNeil Island Corrections Center for an offense committed after August 1, 1995, Simmons committed 46 infractions of prison rules.”
State v. Donery, 128 P.3d 1262 (Wash. Ct. App. 2006). “RCW 9.94.070(1). We hold that the Department of Corrections (DOC) cannot remove good time earned in county jail, and it is therefore not potential earned early release time for the purposes of the persistent prison misbehavior statute.”
— Wash. Rev. Code § 9.94.070(2) — 9 cases
State v. Simmons, 98 P.3d 789 (Wash. 2004). “This case requires us to determine whether RCW 9.94.070, which makes it a felony for a prisoner to commit a serious prison infraction after losing all potential earned early release credits, unconstitutionally delegates legislative authority to the Department of Corrections…”
State v. Simmons, 152 Wash. 2d 450 (Wash. 2004). “This case requires us to determine whether RCW 9.94.070, which makes it a felony for a prisoner to commit a serious prison Infraction after losing all potential earned early release credits, unconstitutionally delegates legislative authority to the Department of Corrections…”
State v. Brown, 142 Wash. 2d 57 (Wash. 2000). “— Aaron Brown (Brown) was charged with persistent prison misbehavior, RCW 9.94.070. The trial court dismissed the charge and declared the statute uncon *59 stitutional.”
State v. Brown, 11 P.3d 818 (Wash. 2000). “*819 FACTS On August 13, 1997, Brown, an inmate at the Walla Walla State Correctional Facility, committed a serious infraction: refusing to stand when ordered to do so by a correctional officer to facilitate a search of his cell.”
State v. Ramos, 202 P.3d 383 (Wash. Ct. App. 2009). “3d 789 (2004), our Supreme Court held that RCW 9.94.070 [7] properly delegated legislative authority to the Department of Corrections (DOC) to adopt rules regarding prison misbehavior.”
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