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

Wash. Rev. Code § 9.94A.650 (2026)

First-time offender waiver

✓ current as of May 2026
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(1) This section applies to offenders who have never been previously convicted of a felony in this state, federal court, or another state, and who have never participated in a program of deferred prosecution for a felony, and who are convicted of a felony that is not:
(a) Classified as a violent offense or a sex offense under this chapter;
(b) Manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or flunitrazepam classified in Schedule IV;
(c) Manufacture, delivery, or possession with intent to deliver a methamphetamine, its salts, isomers, and salts of its isomers as defined in RCW 69.50.206(d)(2);
(d) The selling for profit of any controlled substance or counterfeit substance classified in Schedule I, RCW 69.50.204, except leaves and flowering tops of cannabis; or
(e) Felony driving while under the influence of intoxicating liquor or any drug or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug.
(2) In sentencing a first-time offender the court may waive the imposition of a sentence within the standard sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses.
(3) The court may impose up to six months of community custody unless treatment is ordered, in which case the period of community custody may include up to the period of treatment, but shall not exceed one year.
(4) As a condition of community custody, in addition to any conditions authorized in RCW 9.94A.703, the court may order the offender to pay all court-ordered legal financial obligations and/or perform community restitution work.
(5) For the purposes of this section, "cannabis" has the meaning provided in RCW 69.50.101.
[ 2022 c 16 s 6; 2011 1st sp.s. c 40 s 9; 2008 c 231 s 29; 2006 c 73 s 9; 2002 c 175 s 9; 2000 c 28 s 18.]

Notes:

Intent—Finding—2022 c 16: See note following RCW 69.50.101.
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—2006 c 73: See note following RCW 46.61.502.
Effective date—2002 c 175: See note following RCW 7.80.130.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
Notes of Decisions
Cited in 51 cases (8 in the last 5 years), 2003–2025 · leading case: State v. Acevedo, 248 P.3d 526 (Wash. Ct. App. 2010).
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State v. Acevedo, 248 P.3d 526 (Wash. Ct. App. 2010). · cites it 5× “Acevedo was sentenced under *232 the first-time offender waiver sentencing option, former RCW 9.94A.650 (2006). CP at 61-62. That is the law that applies here.”
State v. Stately, 216 P.3d 1102 (Wash. Ct. App. 2009). · cites it 6× “[2] Stately argued that she was entitled to a first-time offender sentencing waiver under former RCW 9.94A.650 because her crime was not defined as a violent offense.”
State v. Stately, 152 Wash. App. 604 (Wash. Ct. App. 2009). · cites it 6× “2 Stately argued that she was entitled to a first-time-offender sentencing waiver under former RCW 9.94A.650 (2006) because her crime was not defined as a “violent offense.”
Joyce v. Dep't of Corr., 75 P.3d 548 (Wash. Ct. App. 2003). · cites it 3× “(The first-time offender waiver was recodified as RCW 9.94A.650 in 2000. See Laws op 2000, ch.”
State v. Gamble, 192 P.3d 399 (Wash. Ct. App. 2008). · cites it 5× “[2] ¶ 8 RCW 9.94A.650, the statutory provision pursuant to which Gamble was sentenced, allows first-time offenders who meet certain conditions to receive alternative sentences, including community custody in lieu of incarceration.”
State v. Gamble, 146 Wash. App. 813 (Wash. Ct. App. 2008). · cites it 5× “2 ¶8 RCW 9.94A.650, the statutory provision pursuant to which Gamble was sentenced, allows first-time offenders *817 who meet certain conditions to receive alternative sentences, including community custody in lieu of incarceration.”
State v. Kinneman, 84 P.3d 882 (Wash. Ct. App. 2003). · cites it 2× “The first-time offender waiver allows the court to impose up to 90 days of confinement for some first-time offenders “who have never been previously convicted of a felony in this state, federal court, or another state.”
Joyce v. State, Dept. of Corr., 119 P.3d 825 (Wash. 2005). “See RCW 9.94A.650(2); see also Pls' Ex. 6, part 4.”
Joyce v. Dep't of Corr., 155 Wash. 2d 306 (Wash. 2005). “See RCW 9.94A.650(2); see also Pi’s. Ex. 6, part 4.”
State v. Acrey, 146 P.3d 1215 (Wash. Ct. App. 2006). · cites it 2× “" ¶ 8 Acrey argues that the phrase "as provided in this chapter" means that imposition of crime-related prohibitions must be authorized by some other provision of the Sentencing Reform Act (SRA), such as RCW 9.94A.650 (first-time offenders) or RCW 9.”
State v. Acrey, 135 Wash. App. 938 (Wash. Ct. App. 2006). · cites it 2× “94ARCW, such as RCW 9.94A.650 (first-time offenders) or RCW 9.”
Joyce v. State, Dept. of Corr., 75 P.3d 548 (Wash. Ct. App. 2003). · cites it 4× “See RCW 9.94A.650 [27] (1). [28] Assuming that Stewart was sentenced under the "first-time offender" waiver, [29] the King County sentencing court had the authority to require Stewart to maintain law-abiding behavior and to require DOC to monitor him for compliance with that…”
Show all 51 citing cases →
— Wash. Rev. Code § 9.94A.650(1) — 9 cases
Joyce v. Dep't of Corr., 75 P.3d 548 (Wash. Ct. App. 2003). “(The first-time offender waiver was recodified as RCW 9.94A.650 in 2000. See Laws op 2000, ch.”
State v. Kinneman, 84 P.3d 882 (Wash. Ct. App. 2003). “The first-time offender waiver allows the court to impose up to 90 days of confinement for some first-time offenders “who have never been previously convicted of a felony in this state, federal court, or another state.”
State v. Gamble, 192 P.3d 399 (Wash. Ct. App. 2008). “[2] ¶ 8 RCW 9.94A.650, the statutory provision pursuant to which Gamble was sentenced, allows first-time offenders who meet certain conditions to receive alternative sentences, including community custody in lieu of incarceration.”
State v. Gamble, 146 Wash. App. 813 (Wash. Ct. App. 2008). “2 ¶8 RCW 9.94A.650, the statutory provision pursuant to which Gamble was sentenced, allows first-time offenders *817 who meet certain conditions to receive alternative sentences, including community custody in lieu of incarceration.”
Joyce v. State, Dept. of Corr., 75 P.3d 548 (Wash. Ct. App. 2003). “See RCW 9.94A.650 [27] (1). [28] Assuming that Stewart was sentenced under the "first-time offender" waiver, [29] the King County sentencing court had the authority to require Stewart to maintain law-abiding behavior and to require DOC to monitor him for compliance with that…”
— Wash. Rev. Code § 9.94A.650(1)(a) — 2 cases
State v. Stately, 216 P.3d 1102 (Wash. Ct. App. 2009). “[2] Stately argued that she was entitled to a first-time offender sentencing waiver under former RCW 9.94A.650 because her crime was not defined as a violent offense.”
State v. Stately, 152 Wash. App. 604 (Wash. Ct. App. 2009). “2 Stately argued that she was entitled to a first-time-offender sentencing waiver under former RCW 9.94A.650 (2006) because her crime was not defined as a “violent offense.”
— Wash. Rev. Code § 9.94A.650(2) — 20 cases
Joyce v. State, Dept. of Corr., 119 P.3d 825 (Wash. 2005). “See RCW 9.94A.650(2); see also Pls' Ex. 6, part 4.”
Joyce v. Dep't of Corr., 155 Wash. 2d 306 (Wash. 2005). “See RCW 9.94A.650(2); see also Pi’s. Ex. 6, part 4.”
State v. Acevedo, 248 P.3d 526 (Wash. Ct. App. 2010). “Acevedo was sentenced under *232 the first-time offender waiver sentencing option, former RCW 9.94A.650 (2006). CP at 61-62. That is the law that applies here.”
State v. Kinneman, 84 P.3d 882 (Wash. Ct. App. 2003). “The first-time offender waiver allows the court to impose up to 90 days of confinement for some first-time offenders “who have never been previously convicted of a felony in this state, federal court, or another state.”
State v. Acrey, 146 P.3d 1215 (Wash. Ct. App. 2006). “" ¶ 8 Acrey argues that the phrase "as provided in this chapter" means that imposition of crime-related prohibitions must be authorized by some other provision of the Sentencing Reform Act (SRA), such as RCW 9.94A.650 (first-time offenders) or RCW 9.”
— Wash. Rev. Code § 9.94A.650(2)(a) — 2 cases
State v. Acevedo, 248 P.3d 526 (Wash. Ct. App. 2010). “Acevedo was sentenced under *232 the first-time offender waiver sentencing option, former RCW 9.94A.650 (2006). CP at 61-62. That is the law that applies here.”
State v. Acevedo, 248 P.3d 526 (Wash. Ct. App. 2011).
— Wash. Rev. Code § 9.94A.650(2)(b) — 3 cases
State v. Acevedo, 248 P.3d 526 (Wash. Ct. App. 2010). “Acevedo was sentenced under *232 the first-time offender waiver sentencing option, former RCW 9.94A.650 (2006). CP at 61-62. That is the law that applies here.”
State Of Washington v. Jason Reeves Lee (Wash. Ct. App. 2014).
State v. Acevedo, 248 P.3d 526 (Wash. Ct. App. 2011).
— Wash. Rev. Code § 9.94A.650(3) — 6 cases
In the Matter of the Postsentence Review of: Alex Eduardo Rodriguez (Wash. Ct. App. 2022).
In Re The Post-sentence Petition Of Lars Aksel Larsen (Wash. Ct. App. 2013).
State Of Washington, Resp v. Nicole A. Sand, App (Wash. Ct. App. 2016).
State of Washington v. Tammy Lynn Davis (Wash. Ct. App. 2017).
In the Matter of the Postsentence Review of: Tracey Jane Jeakins (Wash. Ct. App. 2019).
— Wash. Rev. Code § 9.94A.650(3)(b) — 5 cases
State v. Acevedo, 248 P.3d 526 (Wash. Ct. App. 2010). “Acevedo was sentenced under *232 the first-time offender waiver sentencing option, former RCW 9.94A.650 (2006). CP at 61-62. That is the law that applies here.”
State v. Gamble, 192 P.3d 399 (Wash. Ct. App. 2008). “[2] ¶ 8 RCW 9.94A.650, the statutory provision pursuant to which Gamble was sentenced, allows first-time offenders who meet certain conditions to receive alternative sentences, including community custody in lieu of incarceration.”
State v. Gamble, 146 Wash. App. 813 (Wash. Ct. App. 2008). “2 ¶8 RCW 9.94A.650, the statutory provision pursuant to which Gamble was sentenced, allows first-time offenders *817 who meet certain conditions to receive alternative sentences, including community custody in lieu of incarceration.”
State Of Washington v. Jason Reeves Lee (Wash. Ct. App. 2014).
State v. Acevedo, 248 P.3d 526 (Wash. Ct. App. 2011).
— Wash. Rev. Code § 9.94A.650(4) — 3 cases
State of Washington v. Julian Jesus Garcia (Wash. Ct. App. 2018).
State Of Washington v. Terry Lee Kertis (Wash. Ct. App. 2019).
State Of Washington v. Stephen W. Gates (Wash. Ct. App. 2020).
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