H-2215              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 595

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Social & Health Services (originally sponsored by Representatives Tanner, Leonard, P. King and Long)

Read first time 3/6/85 and passed to Committee on Rules.

AN ACT Relating to treatment of nonviolent criminal offenders; and adding a new section to chapter 9.94A RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 9.94A RCW to read as follows:

          (1) The sentencing guidelines commission shall, following a public hearing or hearings:

          (a) Devise a series of recommended standard sentence ranges for all misdemeanor offenses and a system for determining which range of punishment applies to each offender based on the extent and nature of the offender's criminal history, if any;

          (b) Devise recommended prosecuting standards in respect to charging of offenses and plea agreements; and

          (c) Devise recommended standards to govern whether sentences are to be served consecutively or concurrently.

          (2) Each of the commission's recommended standard sentence ranges shall include one or more of the following:  Total confinement, partial confinement, community supervision, community service, and a fine.

          (3) In carrying out its duties under subsection (1) of this section, the commission shall give consideration to the existing guidelines adopted by the association of superior court judges and the Washington association of prosecuting attorneys and the experience gained through use of those guidelines.  The commission shall emphasize confinement for the violent offender and alternatives to total confinement for the nonviolent offender.

          (4) The commission shall conduct a study to determine the capacity of correctional facilities and programs which are or will be available.  While the commission need not consider such capacity in arriving at its recommendations, the commission shall project whether the implementation of its recommendations would result in exceeding such capacity.  If the commission finds that this result would probably occur, then the commission shall prepare an additional list of standard sentences which shall be consistent with such capacity.

          (5) By January 10, 1986, the commission shall recommend its standard sentence ranges and standards to the legislature by providing the recommendations to the chief clerk of the house of representatives and secretary of the senate.  If the commission has prepared an additional list of standard sentence ranges, as provided under subsection (4) of this section, then the commission shall include such list along with its recommendations.

          (6) Every two years, the commission may recommend to the legislature revisions or modifications to the standard sentence ranges and other standards.  If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity.

          (7) The commission shall study the existing criminal code and from time to time make recommendations to the legislature for modification.

          (8) The commission shall exercise its duties under this section in conformity with chapter 34.04 RCW, as now existing or hereafter amended.