AN ACT Relating to treatment of nonviolent criminal offenders; adding a new section to chapter 9.94A RCW; and adding a new chapter to Title 72 RCW.

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

NEW SECTION. Sec. 1. It is the purpose of this chapter to enable localities, qualified private nonprofit agencies, or the state to develop, establish, and maintain community diversion programs to provide the judicial system with sentencing alternatives for certain nonviolent offenders who may require less than institutional custody and to hold all such offenders accountable.

This chapter shall be interpreted and construed so as to effect the following purposes:

(1) To allow individual localities, communities, or the state greater flexibility and involvement in responding to the problem of crime in their communities;

(2) To provide more effective protection of society and to promote efficiency and economy in the delivery of correctional services;

(3) To provide increased opportunities for offenders to make restitution to victims of crimes through financial reimbursement or community service;

(4) To permit localities, communities, or the state to operate programs specifically designed to meet the rehabilitative needs of selected offenders; and

(5) To provide appropriate post-sentencing alternatives in localities for certain offenders with the goal of reducing the incidence of repeat offenders.

NEW SECTION. Sec. 2. The secretary of the department of corrections is authorized, under this chapter, to develop and enter into contracts for residential and nonresidential community diversion programs and services to provide the judicial system with sentencing alternatives for those offenders sentenced to incarceration but who may require less than confinement in a state or local correctional facility. The secretary may provide a county or city or combination thereof with funds to operate, purchase, or contract for such programs and services. The secretary may also operate or purchase or contract for such programs and services for a county or city or combination thereof. Such programs and services may be provided by qualified public and private nonprofit agencies under appropriate contracts. Such funding shall be used for the development or improvement of community-based services for offenders who may be diverted from state and local correctional facilities, but shall not be used for capital expenditures.

A minimum level of funding shall be set for all participating jurisdictions with additional funds apportioned based on a jurisdiction's number of residents aged eighteen to thirty-nine.

NEW SECTION. Sec. 3. (1) Each county or city or combination thereof developing and establishing a diversion program under this chapter shall establish a community corrections resources board. Each county and city participating in a community diversion program shall be represented on a community corrections resources board. The board shall include an equal number of appointments to be made by the governing body of each county or city participating in the program. The board shall be representative of law enforcement, the defense bar, prosecutors, the judiciary, private citizens, and service provider agencies. Any court serving the jurisdictions participating on the board may appoint to the board an equal number of persons from each such jurisdiction, but in no event shall the judicial appointments from each jurisdiction exceed the number of appointments made by the governing body of such jurisdiction. The board shall also include one person appointed by the secretary of the department of corrections.

(2) Notwithstanding the requirements for the establishment of a community corrections resources board, the secretary, after consultation with the governing body of each affected jurisdiction, may establish residential and nonresidential community diversion programs and services in any county or city or combination thereof, and further, in the secretary's discretion, may establish a board to advise the secretary in the administration of such programs and services for a county or city or combination thereof. However, the secretary is not authorized by this section to establish any program in addition to or in lieu of a program in the affected jurisdictions that was authorized before July 1, 1986.

NEW SECTION. Sec. 4. It shall be the responsibility of community corrections resources boards to:

(1) Provide for the purchase or development of community services and programs for use by the courts in diverting offenders from state and local correctional facility placements;

(2) Assist community agencies and organizations in establishing and modifying programs and services for offenders on the basis of an objective assessment of the community's needs and resources;

(3) Evaluate and monitor community programs and services to determine their impact on offenders;

(4) Provide a mechanism whereby all offenders with needs for services will be linked to appropriate services;

(5) Attempt to resolve agency policies and procedures that make it difficult for offenders to receive services;

(6) Upon referral to the board of individual offenders by any court, determine whether an appropriate rational behavioral contract can be developed with the offenders for participation in a community diversion program;

(7) Provide the judge of the referring court with the findings and recommendations of the board made on individual offenders pursuant to subsection (6) of this section; and

(8) Prepare a local comprehensive plan on a biennial basis pursuant to dates established by the secretary of the department of corrections. This plan shall detail local correctional needs, proposed community corrections programs, and projected service level needs for local offenders. The plan must first be approved by each board's respective governing unit or units of government and then by the secretary before release of state funds.

NEW SECTION. Sec. 5. Plans submitted by resource boards are subject to evaluation and monitoring by the department of corrections. The department shall present its evaluation and monitoring plan to the legislature as part of its biennial budget request.

NEW SECTION. Sec. 6. It is the intent of this chapter that the state contribute to services for felons not receiving institutional sanctions and that counties and cities continue primary responsibility for misdemeanant offenders. It is the chapter's further purpose that the state contract with local jurisdictions to house state prisoners in the last part of their sentences in such spaces as may be created through the use of alternative sentences for misdemeanants and nonviolent felons.

NEW SECTION. Sec. 7. 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

(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.

NEW SECTION. Sec. 8. Sections 1 through 6 of this act shall constitute a new chapter in Title 72 RCW.