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

Wash. Rev. Code § 9.95.440 (2025)

Offenders—Reinstatement of release

✓ laws through the 2025 session: 2026 session laws are not yet included
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In the event the board suspends the release status of an offender released under RCW 9.95.420, * 10.95.030(3), or 9.94A.730 by reason of an alleged violation of a condition of release, or pending disposition of a new criminal charge, the board may nullify the suspension order and reinstate release under previous conditions or any new conditions the board determines advisable under RCW 9.94A.704. Before the board may nullify a suspension order and reinstate release, it shall determine that the best interests of society and the offender shall be served by such reinstatement rather than return to confinement.
[ 2014 c 130 s 8; 2008 c 231 s 45; 2003 c 218 s 6; 2001 2nd sp.s. c 12 s 310.]

Notes:

*Reviser's note: RCW 10.95.030 was amended by 2023 c 102 s 20, changing subsection (3) to subsection (2).
Application—Effective date—2014 c 130: See notes following RCW 9.94A.510.
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.
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.
Notes of Decisions
Cited in 3 cases, 2004–2020 · leading case: State v. Borboa, 102 P.3d 183 (Wash. Ct. App. 2004).
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State v. Borboa, 102 P.3d 183 (Wash. Ct. App. 2004). “The only way a defendant can avoid an actual life sentence for this class of offenses is by having the Board find him unlikely to reoffend if released from prison into the community under supervision. RCW 9.”
State v. Borboa, 124 Wash. App. 779 (Wash. Ct. App. 2004). “The only way a defendant can avoid an actual life sentence for this class of offenses is by having the Board find him unlikely to reoffend if released from prison into the community under supervision.”
In the Matter of the Pers. Restraint of Eric Devin Cain, No. 36100-4 (Wash. Ct. App. Feb. 18, 2020). “Restraint of Cain with conditions of community custody imposed by the court, DOC, or the review board, and promptly report any violations.”
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