Wash. Rev. Code § 36.28A.390

Current through 2024

Section 36.28A.390 - 24/7 sobriety program-Violation of terms-Penalties

(1) A general authority Washington peace officer, as defined in RCW 10.93.020, who has probable cause to believe that a participant has violated the terms of participation in the 24/7 sobriety program may immediately take the participant into custody and cause him or her to be held until an appearance before a judge on the next judicial day.

(2) A participant who violates the terms of participation in the 24/7 sobriety program or does not pay the required fees or associated costs pretrial or posttrial shall, at a minimum:

(a) Receive a written warning notice for a first violation;

(b) Serve a minimum of one day imprisonment for a second violation;

(c) Serve a minimum of three days['] imprisonment for a third violation;

(d) Serve a minimum of five days['] imprisonment for a fourth violation; and

(e) Serve a minimum of seven days['] imprisonment for a fifth or subsequent violation.

(3) The court may remove a participant from the 24/7 sobriety program at any time for noncompliance with the terms of participation. If a participant is removed from the 24/7 sobriety program, the court shall send written notice to the department of licensing within five business days.

RCW 36.28A.390

Amended by 2016 c 203,§ 19, eff. 6/9/2016.

Amended by 2015SP2 c 3,§ 19, eff. 9/26/2015.

Added by 2013SP2 c 35,§ 32, eff. 1/1/2014.

Finding-Intent-2015 2nd sp.s. c 3: See note following RCW 10.21.055.

Effective date-2013 2nd sp.s. c 35 ss 27, 28, and 30-32: See note following RCW 36.28A.340.