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

Wash. Rev. Code § 9.94A.190 (2026)

✓ current as of May 2026
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(1) A sentence that includes a term or terms of confinement totaling more than one year shall be served in a facility or institution operated, or utilized under contract, by the state, or in home detention pursuant to RCW 9.94A.6551 or the graduated reentry program under RCW 9.94A.733. Except as provided in subsection (3) or (5) of this section, a sentence of not more than one year of confinement shall be served in a facility operated, licensed, or utilized under contract, by the county, or if home detention or work crew has been ordered by the court, in the residence of either the offender or a member of the offender's immediate family.
(2) If a county uses a state partial confinement facility for the partial confinement of a person sentenced to confinement for not more than one year, the county shall reimburse the state for the use of the facility as provided in this subsection. The office of financial management shall set the rate of reimbursement based upon the average per diem cost per offender in the facility. The office of financial management shall determine to what extent, if any, reimbursement shall be reduced or eliminated because of funds provided by the legislature to the department for the purpose of covering the cost of county use of state partial confinement facilities. The office of financial management shall reestablish reimbursement rates each even-numbered year.
(3) A person who is sentenced for a felony to a term of not more than one year, and who is committed or returned to incarceration in a state facility on another felony conviction, either under the indeterminate sentencing laws, chapter 9.95 RCW, or under this chapter shall serve all terms of confinement, including a sentence of not more than one year, in a facility or institution operated, or utilized under contract, by the state, consistent with the provisions of RCW 9.94A.589.
(4) Notwithstanding any other provision of this section, a sentence imposed pursuant to RCW 9.94A.660 which has a standard sentence range of over one year, regardless of length, shall be served in a facility or institution operated, or utilized under contract, by the state.
(5) Sentences imposed pursuant to RCW 9.94A.507 shall be served in a facility or institution operated, or utilized under contract, by the state.
[ 2018 c 166 s 5; 2010 c 224 s 10; (2011 c 96 s 11 repealed by 2011 1st sp.s. c 40 s 43); 2009 c 28 s 5; 2001 2nd sp.s. c 12 s 313; 2000 c 28 s 4; 1995 c 108 s 4; 1991 c 181 s 5; 1988 c 154 s 5; 1986 c 257 s 21; 1984 c 209 s 10; 1981 c 137 s 19.]

Notes:

Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
Effective date—1995 c 108: See note following RCW 9.94A.030.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1981 c 137: See RCW 9.94A.905.
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RCW 9.94A.190

Terms of more than one year or less than one year—Where served—Reimbursement of costs. (Effective January 1, 2026.)

(1) A sentence that includes a term or terms of confinement totaling more than one year shall be served in a facility or institution operated, or utilized under contract, by the state, or in home detention pursuant to RCW 9.94A.6551 or the graduated reentry program under RCW 9.94A.733. Except as provided in subsection (3) or (5) of this section, a sentence of not more than one year of confinement shall be served in a facility operated, licensed, or utilized under contract, by the county, or if home detention or work crew has been ordered by the court, in the residence of either the offender or a member of the offender's immediate family.
(2) If a county uses a state partial confinement facility for the partial confinement of a person sentenced to confinement for not more than one year, the county shall reimburse the state for the use of the facility as provided in this subsection. The office of financial management shall set the rate of reimbursement based upon the average per diem cost per offender in the facility. The office of financial management shall determine to what extent, if any, reimbursement shall be reduced or eliminated because of funds provided by the legislature to the department for the purpose of covering the cost of county use of state partial confinement facilities. The office of financial management shall reestablish reimbursement rates each even-numbered year.
(3) A person who is sentenced for a felony to a term of not more than one year, and who is committed or returned to incarceration in a state facility on another felony conviction, either under the indeterminate sentencing laws, chapter 9.95 RCW, or under this chapter shall serve all terms of confinement, including a sentence of not more than one year, in a facility or institution operated, or utilized under contract, by the state, consistent with the provisions of RCW 9.94A.589.
(4) Notwithstanding any other provision of this section, a sentence imposed pursuant to RCW 9.94A.660 or 9.94A.661 which has a standard sentence range of over one year, regardless of length, shall be served in a facility or institution operated, or utilized under contract, by the state.
(5) Sentences imposed pursuant to RCW 9.94A.507 shall be served in a facility or institution operated, or utilized under contract, by the state.
[ 2024 c 306 s 3; 2018 c 166 s 5; 2010 c 224 s 10; (2011 c 96 s 11 repealed by 2011 1st sp.s. c 40 s 43); 2009 c 28 s 5; 2001 2nd sp.s. c 12 s 313; 2000 c 28 s 4; 1995 c 108 s 4; 1991 c 181 s 5; 1988 c 154 s 5; 1986 c 257 s 21; 1984 c 209 s 10; 1981 c 137 s 19.]

Notes:

Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
Effective date—1995 c 108: See note following RCW 9.94A.030.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1981 c 137: See RCW 9.94A.905.
Notes of Decisions
Cited in 20 cases (4 in the last 5 years), 1985–2024 · leading case: State v. McDougal, 841 P.2d 1232 (Wash. 1992).
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State v. McDougal, 841 P.2d 1232 (Wash. 1992). · cites it 5× “[25] Brief of Appellant (Respondent in this court), at 36 (citing RCW 9.94A.190 providing for place of confinement for sentences of more than 1 year or less than 1 year).”
State v. Slattum, 295 P.3d 788 (Wash. Ct. App. 2013). · cites it 3× “We explained: Examination of the language of the two statutes does not resolve the question presented.”
State v. Bernhard, 741 P.2d 1 (Wash. 1987). · cites it 3× “The SRA significantly altered prior sentencing law for felons by distinguishing on a length of sentencing basis. Now only felons confined for more than 1 year "shall [serve their sentence] in a facility or institution operated, or utilized under contract, by the state.”
In Re the Sentence of Kindberg, 983 P.2d 684 (Wash. Ct. App. 1999). · cites it 5× “Where a defendant is sentenced to serve less than one year in confinement, but must serve that confinement in the custody of the Department of Corrections (DOC) under RCW 9.94A.190(3), the sentencing court may impose community supervision rather than community *289 placement for…”
State v. Besio, 907 P.2d 1220 (Wash. Ct. App. 1995). · cites it 2× “RCW 9.94A.190 (emphasis added). The Department of Corrections argues that this provision refers to only felony terms of a sentence and does not apply to sentences that include both felony and gross misdemeanor terms.”
State v. Baker, 700 P.2d 1198 (Wash. Ct. App. 1985). “She also argued that a sentence of 1 year or less would have to be served in the county jail, see RCW 9.94A.190, and that such a sentence here would add to the "great burden" of overcrowding in the jail.”
State v. Parent, 267 P.3d 358 (Wash. Ct. App. 2011). “See RCW 9.94A.190(1) (“A sentence that includes a term or terms of confinement .”
State v. Partee, 141 Wash. App. 355 (Wash. Ct. App. 2007). · cites it 2× “Partee contends that each of the separate factual events alleged in support of violation one was a separate violation for which a separate 60-day punishment could be imposed and, run consecutively, the trial court could order that he serve the resulting 600 days at DOC under RCW…”
State v. Partee, 170 P.3d 60 (Wash. Ct. App. 2007). · cites it 2× “Partee contends that each of the separate factual events alleged in support of violation one was a separate violation for which a separate 60-day punishment could be imposed and, run consecutively, the trial court could order that he serve the resulting 600 days at DOC under RCW…”
State v. Smeltzer, 939 P.2d 1235 (Wash. Ct. App. 1997). “3 (citing RCW 9.94A.190). See also RCW 70.48.400 (felons sentenced to more than 365 days of detention are under the authority of the state department of corrections).”
State v. Linnemeyer, 776 P.2d 151 (Wash. Ct. App. 1989). “RCW 9.94A.190(1). The only provision for confinement in the state institutions for such sentences is RCW 9.”
State v. McDougal, 812 P.2d 877 (Wash. Ct. App. 1991). “See RCW 9.94A.190(1); see also State v. Linnemeyer, 54 Wn.”
Show all 20 citing cases →
— Wash. Rev. Code § 9.94A.190(1) — 11 cases
State v. McDougal, 841 P.2d 1232 (Wash. 1992). “[25] Brief of Appellant (Respondent in this court), at 36 (citing RCW 9.94A.190 providing for place of confinement for sentences of more than 1 year or less than 1 year).”
State v. Parent, 267 P.3d 358 (Wash. Ct. App. 2011). “See RCW 9.94A.190(1) (“A sentence that includes a term or terms of confinement .”
State v. Linnemeyer, 776 P.2d 151 (Wash. Ct. App. 1989). “RCW 9.94A.190(1). The only provision for confinement in the state institutions for such sentences is RCW 9.”
State v. McDougal, 812 P.2d 877 (Wash. Ct. App. 1991). “See RCW 9.94A.190(1); see also State v. Linnemeyer, 54 Wn.”
State v. Rizor, 91 P.3d 133 (Wash. Ct. App. 2004).
— Wash. Rev. Code § 9.94A.190(3) — 2 cases
State v. Slattum, 295 P.3d 788 (Wash. Ct. App. 2013). “We explained: Examination of the language of the two statutes does not resolve the question presented.”
In Re the Sentence of Kindberg, 983 P.2d 684 (Wash. Ct. App. 1999). “Where a defendant is sentenced to serve less than one year in confinement, but must serve that confinement in the custody of the Department of Corrections (DOC) under RCW 9.94A.190(3), the sentencing court may impose community supervision rather than community *289 placement for…”
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