Washington Bail for Felonies Under RCW 10.19.055
When a person is arrested or detained for a Class A or Class B felony in Washington State, the law requires that bail for release must be determined individually by a judicial officer rather than automatically by a police officer or arresting authority. This requirement is spelled out in RCW 10.19.055, part of Washington’s bail and appearance bond statutes. Washington State Legislature
What RCW 10.19.055 Says
Under RCW 10.19.055, “bail for the release of a person arrested and detained for a Class A or Class B felony offense must be determined on an individualized basis by a judicial officer.” This means that for serious felony charges, a judge — not an arresting officer — must evaluate the bail amount and conditions based on the specific details of the case. Justia Law
The purpose of this requirement is to ensure that decisions about pretrial release in serious felony cases take into account factors that can affect public safety and a defendant’s likelihood of appearing in court. Unlike less serious offenses where an officer may take recognizance or approve bail, RCW 10.19.055 expressly shifts that responsibility to a judge or magistrate for Class A and B felonies. WA Law
Why Judicial Determination Matters for Felony Bail
In felony cases, bail decisions have significant consequences:
- Public Safety: Judges consider whether releasing a defendant on bail poses a danger to the community.
- Flight Risk: A judge can weigh a defendant’s ties to the community, past failures to appear, and overall probability of returning for court.
- Fairness and Individual Review: Courts can tailor bail conditions based on the severity of the offense, defendant history, and statutory factors.
This individualized assessment promotes fairness and helps prevent inappropriate release decisions that could jeopardize public safety or court administration.
How the Judicial Bail Process Works in Washington
When someone is arrested for a Class A or B felony:
- Detention Pending First Appearance
Typically, the defendant remains in custody until their first court appearance. - Initial Court Hearing
At arraignment or first appearance, the judicial officer reviews the charge and circumstances.
The judge or magistrate is responsible for setting bail, weighing statutory and case‑specific factors. - Tailored Bail Conditions
Based on information presented by the prosecutor and defense, the court may impose conditions — including amount, release supervision, or even denial of bail in extreme cases.
This contrasts with lower‑level charges where a police officer might release a defendant on recognizance or approve bail without court involvement.
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