Wash. Rev. Code » Title 9 · Chapter 9.95
Revised Code of Washington

Wash. Rev. Code § 9.95.040 (2026)

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
The board shall fix the duration of confinement for persons committed by the court before July 1, 1986, for crimes committed before July 1, 1984. Within six months after the admission of the convicted person to a state correctional facility, the board shall fix the duration of confinement. The term of imprisonment so fixed shall not exceed the maximum provided by law for the offense of which the person was convicted or the maximum fixed by the court where the law does not provide for a maximum term.
Subject to RCW 9.95.047, the following limitations are placed on the board or the court for persons committed to a state correctional facility on or after July 1, 1986, for crimes committed before July 1, 1984, with regard to fixing the duration of confinement in certain cases, notwithstanding any provisions of law specifying a lesser sentence:
(1) For a person not previously convicted of a felony but armed with a deadly weapon at the time of the commission of the offense, the duration of confinement shall not be fixed at less than five years.
(2) For a person previously convicted of a felony either in this state or elsewhere and who was armed with a deadly weapon at the time of the commission of the offense, the duration of confinement shall not be fixed at less than seven and one-half years.
The words "deadly weapon," as used in this section include, but are not limited to, any instrument known as a blackjack, sling shot, billy, sand club, sandbag, metal knuckles, any dirk, dagger, pistol, revolver, or any other firearm, any knife having a blade longer than three inches, any razor with an unguarded blade, any metal pipe or bar used or intended to be used as a club, any explosive, and any weapon containing poisonous or injurious gas.
(3) For a person convicted of being an habitual criminal within the meaning of the statute which provides for mandatory life imprisonment for such habitual criminals, the duration of confinement shall not be fixed at less than fifteen years.
(4) Any person convicted of embezzling funds from any institution of public deposit of which the person was an officer or stockholder, the duration of confinement shall be fixed at not less than five years.
Except when an inmate of a state correctional facility has been convicted of murder in the first or second degree, the board may parole an inmate prior to the expiration of a mandatory minimum term, provided such inmate has demonstrated a meritorious effort in rehabilitation and at least two-thirds of the board members concur in such action: PROVIDED, That any inmate who has a mandatory minimum term and is paroled prior to the expiration of such term according to the provisions of this chapter shall not receive a conditional release from supervision while on parole until after the mandatory minimum term has expired.
An inmate serving a sentence fixed under this chapter, whether or not a mandatory minimum term has expired, may be granted an extraordinary medical placement by the secretary of corrections when authorized under RCW 9.94A.728(1)(c).
[ 2025 c 58 s 2004; 1999 c 324 s 4. Prior: 1993 c 144 s 4; 1993 c 140 s 1; 1992 c 7 s 24; 1986 c 224 s 9; 1975-'76 2nd ex.s. c 63 s 2; 1961 c 138 s 2; 1955 c 133 s 5; prior: 1947 c 92 s 1, part; 1935 c 114 s 2, part; Rem. Supp. 1947 s 10249-2, part.]

Notes:

Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—1993 c 144: See note following RCW 9.95.045.
Effective date—Severability—1986 c 224: See notes following RCW 9.95.001.
Notes of Decisions
Cited in 240 cases (2 in the last 5 years), 1953–2023 · leading case: State v. Workman, 584 P.2d 382 (Wash. 1978).
Sort: Relevance Newest Treatment
State v. Workman, 584 P.2d 382 (Wash. 1978). · cites it 10× “The defendants were each charged with attempted first-degree robbery while armed with a deadly weapon within the meaning of RCW 9.95.040, which was also a firearm within the meaning of RCW 9.”
State v. McKim, 653 P.2d 1040 (Wash. 1982). · cites it 19× “The trial court answered affirmatively and so instructed the jury, which *113 returned a special verdict finding petitioner was armed with a deadly weapon.”
In Re the Pers. Restraint of Bush, 616 P.2d 666 (Wash. Ct. App. 1980). · cites it 23× “*488 Bush was charged by information with having committed the crime of robbery while armed with a deadly weapon as defined in RCW 9.95.040 and a firearm pursuant to RCW 9.”
Baker v. Morris, 529 P.2d 1091 (Wash. 1974). · cites it 42× “At both of these meetings, the petitioner attempted to have the Board waive his mandatory minimum, which he contends the Board had authority to do pursuant to the requirements of RCW 9.95.040, which provides that the Board may parole an inmate prior to the expiration of his…”
In re the Pers. Restraint of Martinez, 171 Wash. 2d 354 (Wash. 2011). · cites it 6× “The words “deadly weapon,” as used in this section include, but are not limited to, any instrument known as a blackjack, sling shot, billy, sand club, sandbag, metal knuckles, any dirk, dagger, pistol, revolver, or any other firearm, any knife having a blade longer than three…”
State v. Fain, 617 P.2d 720 (Wash. 1980). · cites it 7× “Fain could accordingly be eligible for supervised parole in 10 years if his minimum sentence is fixed at 15 years and if he earned the maximum allowable good behavior credits.”
State v. Pam, 659 P.2d 454 (Wash. 1983). · cites it 8× “*753 [1] Under RCW 9.95.040, [1] the State must prove the presence of a deadly weapon in fact in order to permit a special finding that the defendant was armed with a deadly weapon.”
In Re the Pers. Restraint of Fletcher, 776 P.2d 114 (Wash. 1989). · cites it 10× “The information also included a statement that Fletcher and Dishon were armed with deadly weapons or firearms as defined by RCW 9.95.040 and former RCW 9.41.025 at the time of the commission of the crimes.”
State v. Harris, 685 P.2d 584 (Wash. 1984). · cites it 8× “This petition presents three questions: whether a cautionary accomplice jury instruction is required in all cases in which the State relies on accomplice testimony; whether admission of a prior felony conviction *150 for possession of stolen property is error under ER 609(a) in…”
State v. Theroff, 622 P.2d 1240 (Wash. 1980). · cites it 6× “025), (1) first offense; or, (2) second offense; or, (3) third or subsequent offenses; and, or (b) Armed with a deadly weapon (RCW 9.95.040). Subsequently, the information was amended realleging the two counts originally charged and adding a count of second degree felony-murder.”
State v. Claborn, 628 P.2d 467 (Wash. 1981). · cites it 8× “2d 121 (1980), this court held that general instructions on presumptions of innocence and the State's burden of proving an underlying offense beyond a reasonable doubt are insufficient for a deadly weapon special verdict, under RCW 9.95.040, where the fact to be determined is…”
In the Matter of Pers. Restraint of Powell, 814 P.2d 635 (Wash. 2004). · cites it 4× “) The provisions of RCW 9.95.040, which required the Board to set minimum sentences, were not applied to persons serving mandatory life sentences.”
Show all 240 citing cases →
— Wash. Rev. Code § 9.95.040(1) — 17 cases
State v. Starrish, 544 P.2d 1 (Wash. 1975).
In Re the Pers. Restraint of Bush, 616 P.2d 666 (Wash. Ct. App. 1980). “*488 Bush was charged by information with having committed the crime of robbery while armed with a deadly weapon as defined in RCW 9.95.040 and a firearm pursuant to RCW 9.”
State v. Johnston, 564 P.2d 1159 (Wash. Ct. App. 1977).
State v. Tongate, 613 P.2d 121 (Wash. 1980).
In Re Pers. Restraint of Hunter, 723 P.2d 431 (Wash. 1986).
— Wash. Rev. Code § 9.95.040(2) — 28 cases
In Re the Pers. Restraint of Bush, 616 P.2d 666 (Wash. Ct. App. 1980). “*488 Bush was charged by information with having committed the crime of robbery while armed with a deadly weapon as defined in RCW 9.95.040 and a firearm pursuant to RCW 9.”
In re the Pers. Restraint of Martinez, 171 Wash. 2d 354 (Wash. 2011). “The words “deadly weapon,” as used in this section include, but are not limited to, any instrument known as a blackjack, sling shot, billy, sand club, sandbag, metal knuckles, any dirk, dagger, pistol, revolver, or any other firearm, any knife having a blade longer than three…”
In Re the Pers. Restraint of Bush, 627 P.2d 953 (Wash. 1981).
Hokama v. Johnson, 574 P.2d 379 (Wash. 1978).
In Re Martinez, 256 P.3d 277 (Wash. 2011).
— Wash. Rev. Code § 9.95.040(3) — 8 cases
State v. Fain, 617 P.2d 720 (Wash. 1980). “Fain could accordingly be eligible for supervised parole in 10 years if his minimum sentence is fixed at 15 years and if he earned the maximum allowable good behavior credits.”
State v. Smith, 707 P.2d 1306 (Wash. 1985).
State v. Gibson, 553 P.2d 131 (Wash. Ct. App. 1976).
State v. Johnston, 564 P.2d 1159 (Wash. Ct. App. 1977).
State v. Majors, 616 P.2d 1237 (Wash. 1980).
— Wash. Rev. Code § 9.95.040(4) — 2 cases
Matter of Pers. Restraint of Locklear, 823 P.2d 1078 (Wash. 1992).
In Re the Pers. Restraint of Bush, 616 P.2d 666 (Wash. Ct. App. 1980). “*488 Bush was charged by information with having committed the crime of robbery while armed with a deadly weapon as defined in RCW 9.95.040 and a firearm pursuant to RCW 9.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.