WSR 18-22-088
RULES OF COURT
STATE SUPREME COURT
[October 31, 2018]
IN THE MATTER OF THE SUGGESTED AMENDMENT TO CrRLJ 3.2(o)—RELEASE OF ACCUSED
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ORDER
NO. 25700-A-1240
The District and Municipal Court Judges' Association, having recommended the expeditious adoption of the suggested amendment to CrRLJ 3.2(o)—Release of Accused, and the Court having considered the amendment and comments submitted thereto, and having determined that the suggested amendment will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ORDERED:
(a) That the suggested amendment as shown below is adopted.
(b) That pursuant to the emergency provisions of GR 9 (j)(1), the suggested amendment will be published expeditiously in the Washington Reports and will become effective upon publication.
dated at Olympia, Washington this 31st day of October, 2018.
 
 
Fairhurst, C.J.
Johnson, J.
 
Wiggins, J.
Madsen, J.
 
Gonzalez, J.
Owens, J.
 
Gordon McCloud, J.
Stephens, J.
 
Yu, J.
CrRLJ 3.2
RELEASE OF ACCUSED
If the court does not find, or a court has not previously found, probable cause, the accused shall be released without conditions.
(a) - (n) [no change]
(o) Bail in Criminal Offense Cases—Mandatory Appearance.
(1) Except as provided in subsection (2) or (3) below, when required to reasonably assure appearance in court, bail for a person arrested for a misdemeanor shall be $500 and for a gross misdemeanor shall be $1,000. In an individual case and after hearing the court for good cause recited in a written order may set a different bail amount. 
(2) A court may adopt a local rule requiring that persons subjected to custodial arrest for a certain class of offenses be held until they have appeared before a judge.
(3) Pursuant to RCW 10.31.100, a police officer shall arrest and keep in custody, until release by a judicial officer on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that the person has violated RCW 46.61.502 (Driving Under the Influence) or RCW 46.61.504 (Physical Control of a Vehicle Under the Influence) or an equivalent local ordinance and the police officer: (i) has knowledge that the person has a prior offense as defined in RCW 46.61.5055 within 10 years; or (ii) has knowledge, based on a review of the information available to the officer at the time of arrest, that the person is charged with or is awaiting arraignment for an offense that would qualify as a prior offense as defined in RCW 46.61.5055 if it were a conviction.
NOTE: A police officer is not required to keep a person in custody if the person requires immediate medical attention and is admitted to a hospital.
(p) [no change]
(q) [no change]
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.