Revised Code of Washington
Wash. Rev. Code § 9.94A.171 (2026)
Tolling of term of confinement, supervision
✓ current as of May 2026
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(1) A term of confinement ordered in a sentence pursuant to this chapter shall be tolled by any period of time during which the offender has absented himself or herself from confinement without the prior approval of the entity in whose custody the offender has been placed. A term of partial confinement shall be tolled during any period of time spent in total confinement pursuant to a new conviction.
(2) Any term of community custody shall be tolled by any period of time during which the offender has absented himself or herself from supervision without prior approval of the entity under whose supervision the offender has been placed.
(3)(a) For offenders other than sex offenders serving a sentence for a sex offense as defined in RCW 9.94A.030, any period of community custody shall be tolled during any period of time the offender is in confinement for any reason unless the offender is detained pursuant to RCW 9.94A.740 or 9.94A.631 for the period of time prior to the hearing or for confinement pursuant to sanctions imposed for violation of sentence conditions, in which case, the period of community custody shall not toll. However, sanctions that result in the imposition of the remaining sentence or the original sentence will continue to toll the period of community custody. In addition, inpatient treatment ordered by the court in lieu of jail time shall not toll the period of community custody.
(b) For sex offenders serving a sentence for a sex offense as defined in RCW 9.94A.030, any period of community custody shall be tolled during any period of time the sex offender is in confinement for any reason.
(4) For terms of confinement or community custody, the date for the tolling of the sentence shall be established by the entity responsible for the confinement or supervision.
(5) For the purposes of this section, "tolling" means the period of time in which community custody or confinement time is paused and for which the offender does not receive credit towards the term ordered.
[ 2011 1st sp.s. c 40 s 1; 2008 c 231 s 28; 2000 c 226 s 5. Prior: 1999 c 196 s 7; 1999 c 143 s 14; 1993 c 31 s 2; 1988 c 153 s 9; 1981 c 137 s 17. Formerly RCW 9.94A.625, 9.94A.170.]
Notes:
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Effective date—2011 1st sp.s. c 40 ss 1-9, 42: See note following RCW 9.94A.501.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2000 c 226 s 5: "Section 5 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 30, 2000]." [ 2000 c 226 s 7.]
Finding—Intent—Severability—2000 c 226: See notes following RCW 9.94A.505.
Severability—1999 c 196: See note following RCW 9.94A.010.
Effective date—Application of increased sanctions—1988 c 153: See notes following RCW 9.94A.030.
Effective date—1981 c 137: See RCW 9.94A.905.
Notes of Decisions
Cited in 22
cases (5 in the last 5 years), 2011–2025 · leading case: In re the Postsentence Review of Combs, 308 P.3d 763 (Wash. Ct. App. 2013).
In re the Postsentence Review of Combs, 308 P.3d 763 (Wash. Ct. App. 2013). “The DOC argues that the sentencing court lacked statutory authority to credit Combs for time served and, alternatively, that the credits granted were inconsistent with RCW 9.94A.171. We agree, and we reverse and remand Combs’s sentence for the DOC to recalculate time served…”
State v. Jones, 257 P.3d 616 (Wash. 2011). “625(3) was recodified in 2008 as RCW 9.94A.171 without substantive change material to this case.”
State v. Donaghe, 256 P.3d 1171 (Wash. 2011). “625 (2001) and has since been recodified as RCW 9.94A.171. Except where explicitly stated otherwise, this opinion will continue to refer to former RCW 9.”
State v. Donaghe, 172 Wash. 2d 253 (Wash. 2011). “625 (2001) and has since been recodified as RCW 9.94A.171. Except where explicitly stated otherwise, this opinion will continue to refer to former RCW 9.”
Husted v. State, 187 Wash. App. 579 (Wash. Ct. App. 2015). “625 (2000), recodified as RCW 9.94A.171, the DOC did not have the authority to discipline him for the alleged violation.”
State v. Miller, 247 P.3d 457 (Wash. Ct. App. 2011). “[2] Millerrelying only on a portion of a sentence uttered by the trial courturges us to conclude that the trial court was operating under the misapprehension that Miller's term of community custody would continue to run during any period of time that Miller was incarcerated as…”
In the Matter of the Pers. Restraint of: Rai Goulsby (Wash. Ct. App. 2025). “Tolling is the “period of time in which community custody or confinement time is paused and for which the offender does not receive credit towards the term ordered.”
In re Postsentence Review of: Leanne Marie Hardy, 442 P.3d 14 (Wash. Ct. App. 2019). “625(3) (now codified as RCW 9.94A.171), which tolls any period of community custody during any period that the offender is in confinement for any reason.”
State v. D.D.-H., 385 P.3d 283 (Wash. Ct. App. 2016). “For probationers in superior court, RCW 9.94A.171(2) provides, “Any term of community custody shall be tolled by any period of time during which the offender has absented himself or herself from supervision without prior approval of the entity under whose supervision the…”
In the Matter of the Pers. Restraint of: Shannon Bruce Morley (Wash. Ct. App. 2022). ““Any term of community custody shall be tolled by any period of time during which the offender has absented himself or herself from supervision without prior approval of the entity under whose supervision the offender has been placed.”
State Of Washington v. Sylvester James Mahone, Jr. (Wash. Ct. App. 2016). “On April 3, 2013, Mahone petitioned the superior court to credit his sanction time to his postrelease supervision term based on the language of RCW 9.94A.171(3)(a), which states that confinement pursuant to a sanction for violation of sentence conditions does not toll a…”
State Of Washington v. Tylor Sean Donnelly (Wash. Ct. App. 2019). “However, for the reasons discussed above, Donnelly does not meet the requirements to be granted this equitable remedy.”
— Wash. Rev. Code § 9.94A.171(1) — 2 cases
In re the Postsentence Review of Combs, 308 P.3d 763 (Wash. Ct. App. 2013). “The DOC argues that the sentencing court lacked statutory authority to credit Combs for time served and, alternatively, that the credits granted were inconsistent with RCW 9.94A.171. We agree, and we reverse and remand Combs’s sentence for the DOC to recalculate time served…”
State Of Washington v. Tylor Sean Donnelly (Wash. Ct. App. 2019). “However, for the reasons discussed above, Donnelly does not meet the requirements to be granted this equitable remedy.”
— Wash. Rev. Code § 9.94A.171(2) — 4 cases
State v. D.D.-H., 385 P.3d 283 (Wash. Ct. App. 2016). “For probationers in superior court, RCW 9.94A.171(2) provides, “Any term of community custody shall be tolled by any period of time during which the offender has absented himself or herself from supervision without prior approval of the entity under whose supervision the…”
In the Matter of the Pers. Restraint of: Rai Goulsby (Wash. Ct. App. 2025). “Tolling is the “period of time in which community custody or confinement time is paused and for which the offender does not receive credit towards the term ordered.”
In the Matter of the Pers. Restraint of: Shannon Bruce Morley (Wash. Ct. App. 2022). ““Any term of community custody shall be tolled by any period of time during which the offender has absented himself or herself from supervision without prior approval of the entity under whose supervision the offender has been placed.”
State Of Washington v. D.d-h. (Wash. Ct. App. 2016).
— Wash. Rev. Code § 9.94A.171(3) — 2 cases
State v. Miller, 247 P.3d 457 (Wash. Ct. App. 2011). “[2] Millerrelying only on a portion of a sentence uttered by the trial courturges us to conclude that the trial court was operating under the misapprehension that Miller's term of community custody would continue to run during any period of time that Miller was incarcerated as…”
In the Matter of the Pers. Restraint of: Rai Goulsby (Wash. Ct. App. 2025). “Tolling is the “period of time in which community custody or confinement time is paused and for which the offender does not receive credit towards the term ordered.”
— Wash. Rev. Code § 9.94A.171(3)(a) — 8 cases
In re the Postsentence Review of Combs, 308 P.3d 763 (Wash. Ct. App. 2013). “The DOC argues that the sentencing court lacked statutory authority to credit Combs for time served and, alternatively, that the credits granted were inconsistent with RCW 9.94A.171. We agree, and we reverse and remand Combs’s sentence for the DOC to recalculate time served…”
State Of Washington v. Sylvester James Mahone, Jr. (Wash. Ct. App. 2016). “On April 3, 2013, Mahone petitioned the superior court to credit his sanction time to his postrelease supervision term based on the language of RCW 9.94A.171(3)(a), which states that confinement pursuant to a sanction for violation of sentence conditions does not toll a…”
Wa State Dept. Of Corr., App. v. Esmond Holmes Aka William Henry Saffo, Res. (Wash. Ct. App. 2013).
State of Washington v. Ignacio Cobos (Wash. Ct. App. 2019).
Donnie Durrett v. Stephen Sinclair (Wash. Ct. App. 2019).
— Wash. Rev. Code § 9.94A.171(4) — 2 cases
In the Matter of the Pers. Restraint of: Shannon Bruce Morley (Wash. Ct. App. 2022). ““Any term of community custody shall be tolled by any period of time during which the offender has absented himself or herself from supervision without prior approval of the entity under whose supervision the offender has been placed.”
In the Matter of the Pers. Restraint of: Rai Goulsby (Wash. Ct. App. 2025). “Tolling is the “period of time in which community custody or confinement time is paused and for which the offender does not receive credit towards the term ordered.”
— Wash. Rev. Code § 9.94A.171(5) — 1 case
In the Matter of the Pers. Restraint of: Rai Goulsby (Wash. Ct. App. 2025). “Tolling is the “period of time in which community custody or confinement time is paused and for which the offender does not receive credit towards the term ordered.”
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