Notwithstanding the statutory maximum sentence or any other provision of this chapter, a persistent offender shall be sentenced to a term of total confinement for life without the possibility of release or, when authorized by *RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death. In addition, no offender subject to this section may be eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of release as defined under **RCW 9.94A.728 (1), (2), (3), (4), (6), (8), or (9), or any other form of authorized leave from a correctional facility while not in the direct custody of a corrections officer or officers, except: (1) In the case of an offender in need of emergency medical treatment; or (2) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree.

Reviser’s note: *(1) RCW 10.95.030 was amended by 2023 c 102 § 20, deleting subsection (2) relating to “death sentence.”

**(2) RCW 9.94A.728 was amended by 2009 c 455 § 2, deleting subsections (1) and (2) and changing subsections (3), (4), (6), (8), and (9) to subsections (2), (3), (5), (7), and (8), respectively. RCW 9.94A.728 was subsequently amended by 2015 c 156 § 1, changing subsections (2), (3), (5), (7), and (8) to subsection (1)(b), (c), (e), (g), and (h), respectively. RCW 9.94A.728 was subsequently amended by 2018 c 166 § 2, changing subsection (1)(g) and (h) to subsection (1)(h) and (i), respectively.

Technical correction bill—2000 c 28: See note following RCW 9.94A.015.