Introduction
For many individuals facing criminal sentencing in Washington State, home detention may seem like a more humane alternative to jail or prison. But eligibility for this form of partial confinement is tightly controlled by state law. Specifically, RCW 9.94A.734 lays out the legal framework for who qualifies—and who is categorically excluded—from home detention. Understanding these home detention conditions is essential for anyone navigating the state’s sentencing system, whether you’re a defendant, defense attorney, or policymaker.
Who Is Disqualified from Home Detention?
RCW 9.94A.734 begins with a firm restriction: certain offenses automatically disqualify a person from being sentenced to home detention. These include violent crimes, sex offenses, and several specific felonies such as third-degree assault(RCW 9A.36.031), unlawful imprisonment, and harassment. The law also excludes individuals convicted of reckless burning, certain drug crimes, and third-degree assault of a child.
Importantly, these exclusions are not discretionary. If a person has been convicted of any of the listed offenses, a sentencing judge has no authority to place them on home detention—regardless of personal circumstances, lack of prior offenses, or rehabilitative potential.
There are two narrow exceptions where home detention may be used despite a disqualifying conviction: participation in the Department of Corrections’ parenting program (RCW 9.94A.6551) or in the graduated reentry program(RCW 9.94A.733). Outside of those two pathways, the exclusions are absolute.
Conditional Eligibility for Other Offenses
For those not barred by statute, eligibility for home detention may still be conditional. Offenders convicted of certain drug offenses, such as unlawful possession of a controlled substance (RCW 69.50.4013) or forging a prescription (RCW 69.50.403), may qualify only if they participate in structured treatment programs—like TASC—and comply with all monitoring requirements.
Some individuals convicted of property crimes, including vehicle theft or residential burglary, may also be eligible if they meet a range of criteria. These typically include completing a work release program, having no recent convictions for violent crimes or burglary, and no history of failing prior detention terms. The statute is clear: eligibility must be based not only on the offense but also on the offender’s behavior and history.
What Conditions Must Be Met?
Even if an offender qualifies for home detention, they must meet strict behavioral and logistical requirements. RCW 9.94A.734 specifies that individuals must either maintain employment, attend school, or perform parental duties during defined hours. They must also comply with all program rules and stay current on any legal financial obligations, including restitution.
Participation is not automatic. Any history of violating home detention protocols—whether due to escape, failure to appear, or repeated noncompliance—may bar an otherwise eligible person from being granted this form of alternative confinement.
Legislative Intent and Practical Impact
The structure of RCW 9.94A.734 reflects Washington’s goal of balancing community safety with rehabilitative alternatives. While the statute opens the door to more humane sentencing in appropriate cases, it maintains firm boundaries for crimes deemed too serious for such leniency. In doing so, it protects the integrity of home detention programs and ensures that only those truly positioned for rehabilitation are granted this opportunity.
For judges, the law removes discretion in key areas. Courts must follow the statute closely when determining eligibility and cannot override disqualifications—even for compelling personal reasons.
Conclusion
RCW 9.94A.734 makes it clear that home detention in Washington is a privilege, not a right. The statute carefully outlines which offenses allow for partial confinement and under what circumstances. For many, it offers a path toward rehabilitation and family stability. For others, it sets an uncompromising boundary. Either way, knowing the home detention conditions under Washington law is critical for anyone involved in sentencing decisions.
Call to Action
If you or someone you know is navigating sentencing options in Washington and want to understand eligibility for home detention under RCW 9.94A.734, contact Blanford Law today at ken@blanfordlaw.com or 253‑720‑9304 for skilled legal guidance.
Additional Resources
- State v. Avila-Avina: A Landmark Ruling on Unlawful Detention and Evidence Admissibility
Examines how the Washington Court of Appeals addressed unlawful detention and its impact on evidence suppression.
https://blanfordlaw.com/state-v-avila-avina-a-landmark-ruling-on-unlawful-detention-and-evidence-admissibility/ - Navigating Post-Conviction Detention in Washington State: RCW 10.64.0251 Explained
Breaks down RCW 10.64.0251 and what it means for defendants held after conviction but before sentencing.
https://blanfordlaw.com/navigating-post-conviction-detention-in-washington-state-rcw-10-64-0251-explained/ - Qualified Agent: Bail Bond Responsibilities
Clarifies the legal duties of qualified agents in Washington’s bail bond system and how they interact with court procedures.
https://blanfordlaw.com/qualified-agent-bail-bond-responsibilities/ - How to Get an Ignition Interlock License in Washington State
Step-by-step guide on obtaining an ignition interlock license, including eligibility and legal requirements.
https://blanfordlaw.com/how-to-get-an-ignition-interlock-license-in-washington-state/