S-3366 _______________________________________________
SENATE BILL NO. 4576
_______________________________________________
State of Washington 49th Legislature 1986 Regular Session
By Senators Halsan and Talmadge
Read first time 1/16/86 and referred to Committee on Judiciary.
AN ACT Relating to community supervision of offenders; amending RCW 9.94A.120, 9.94A.200, 9.94A.360, and 9.94A.330; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 12, chapter 137, Laws of 1981 as last amended by section 6, chapter 209, Laws of 1984 and RCW 9.94A.120 are each amended to read as follows:
When a person is convicted of a felony, the court shall impose punishment as provided in this section.
(1) Except
as authorized in subsections (2) ((and)), (5), and (7) of
this section, the court shall impose a sentence within the sentence range for
the offense.
(2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.
(3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.
(4) An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than three years, and shall not be eligible for furlough, work release or other authorized leave of absence from the correctional facility during such minimum three year term except for the purpose of commitment to an inpatient treatment facility. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section.
(5) In sentencing a first-time offender, other than a person convicted of a violation of chapter 9A.44 RCW or RCW 9A.64.020, the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:
(a) Devote time to a specific employment or occupation;
(b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense;
(c) Pursue a prescribed, secular course of study or vocational training;
(d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer of any change in the offender's address or employment;
(e) Report as directed to the court and a community corrections officer; or
(f) Pay a fine, make restitution, and/or accomplish some community service work.
(6) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, restitution, a term of community supervision not to exceed one year, and/or a fine. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.
(7) (a)
When an offender is convicted of ((any)) a sex offense other than a
violation of ((chapter 9A.44 RCW or RCW 9A.64.020 except)) RCW 9A.44.040
or RCW 9A.44.050 and has no prior convictions ((of chapter 9A.44 RCW, RCW
9A.64.020,)) for a sex offense or any other felony sexual offenses
in this or any other state, the sentencing court, on its own motion or
the motion of the state or the defendant, may order an examination to determine
whether the defendant is amenable to treatment.
After receipt of the reports, the court shall then determine whether the offender and the community will benefit from use of this special sexual offender sentencing alternative. If the court determines that both the offender and the community will benefit from use of this provision, the court shall then impose a sentence within the sentence range and, if this sentence is less than six years of confinement, the court may suspend the execution of the sentence and place the offender on community supervision for up to two years. As a condition of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:
(i) Devote time to a specific employment or occupation;
(ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment;
(iii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer of any change in the offender's address or employment;
(iv) Report as directed to the court and a community corrections officer;
(v) Pay a fine, make restitution, accomplish some community service work, or any combination thereof; or
(vi) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime.
If the offender violates these sentence conditions the court may revoke the suspension and order execution of the sentence. All confinement time served during the period of community supervision shall be credited to the offender if the suspended sentence is revoked.
(b) When an offender is convicted of any felony sexual offense and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, order the offender committed for up to thirty days to the custody of the secretary of the department of social and health services at the Eastern State Hospital or the Western State Hospital for evaluation and report to the court on the offender's amenability to treatment at these facilities. If the secretary of the department of social and health services cannot begin the evaluation within thirty days of the court's order of commitment, the offender shall be transferred to the state for confinement pending an opportunity to be evaluated at the appropriate facility. The court shall review the reports and may order that the term of confinement imposed be served in the sexual offender treatment programs at Western State Hospital or Eastern State Hospital, as determined by the secretary of the department of social and health services. The offender shall be transferred to the state pending placement in the treatment program.
If the offender does not comply with the conditions of the treatment program, the secretary of the department of social and health services may refer the matter to the sentencing court for determination as to whether the offender shall be transferred to the department of corrections to serve the balance of his term of confinement.
If the offender successfully completes the treatment program before the expiration of his term of confinement, the court may convert the balance of confinement to community supervision and may place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:
(i) Devote time to a specific employment or occupation;
(ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer of any change in the offender's address or employment;
(iii) Report as directed to the court and a community corrections officer;
(iv) Undergo available outpatient treatment.
If the offender violates any of the terms of his community supervision, the court may order the offender to serve out the balance of his community supervision term in confinement in the custody of the department of corrections.
(c) Whenever a court sentences a person convicted of a sex offense committed after July 1, 1986, to a term of confinement of more than one year, including a sentence under (b) of this subsection, the court may also order, in addition to the other terms of the sentence, that the offender, upon release from confinement, serve up to two years of community supervision. The conditions of supervision shall be limited to:
(i) Crime-related prohibitions;
(ii) A requirement that the offender report to a community corrections officer at regular intervals;
(iii) A requirement to remain within or without stated geographical boundaries;
(iv) Restrictions on the association of the offender during the period of community supervision;
(v) A requirement that the offender participate in treatment or counseling services;
(vi) A requirement that the offender secure and maintain employment;
(vii) A requirement that the offender pursue a prescribed, court approved course of study or vocational training;
(viii) A requirement that the offender abstain from the use of alcohol or other intoxicants; and
(ix) Any other requirements the court deems necessary for the protection of the public.
The length and conditions of supervision shall be set by the court at the time of sentencing. However, within thirty days prior to release from confinement and throughout the period of supervision, the length and conditions of supervision may be modified by the sentencing court, upon motion of the department of corrections, the offender, or the prosecuting attorney. The period of supervision shall be tolled during any time the offender is in confinement for any reason. The period of supervision shall be concurrent with any outpatient supervision that is part of a treatment program imposed under (b) of this subsection. In no case may the period of supervision, in combination with the other terms of the offender's sentence, exceed the statutory maximum term for the offender's crime, as set forth in RCW 9A.20.021.
If the offender violates any condition of supervision, the sentencing court, after a hearing conducted in the same manner as provided for in RCW 9.94A.200, may order the offender to be confined for up to sixty days in the county jail at state expense from funds provided for this purpose to the department of corrections. Reimbursement rates for such purposes shall be established based on a formula determined by the office of financial management and reestablished each even-numbered year. An offender may be held in jail at state expense pending the hearing, and any time served while awaiting the hearing shall be credited against confinement imposed for a violation. Even after the period of supervision has expired, an offender may be confined for a violation occurring during the period of supervision. The court shall retain jurisdiction for the purpose of holding the violation hearing and imposing a sanction.
(8) Whenever a court sentences a person for an offense other than a sex offense, committed after July 1, 1986, in which the offender or an accomplice was armed with a deadly weapon as defined in RCW 9.94A.125 or a person who received additional time to the presumptive sentence because the offender or an accomplice was armed with a deadly weapon, to a term of confinement of more than one year, the court may also order, in addition to the other terms of the sentence, that the offender, upon release from confinement, serve up to two years of community supervision. Whenever a court sentences a person convicted of any offense committed after July 1, 1986, to a term of confinement of more than one year, the court may also order, in addition to the other terms of the sentence, that the offender, upon release from confinement, serve up to one year of community supervision. In any of these cases, the conditions of supervision shall be limited to:
(i) Crime-related prohibitions;
(ii) A requirement that the offender report to a community corrections officer at regular intervals;
(iii) A requirement to remain within or without stated geographical boundaries;
(iv) Restrictions on the association of the offender during the period of community supervision;
(v) A requirement that the offender participate in treatment or counseling services;
(vi) A requirement that the offender secure and maintain employment;
(vii) A requirement that the offender pursue a prescribed, court approved course of study or vocational training;
(viii) A requirement that the offender abstain from the use of alcohol or other intoxicants; and
(ix) Any other requirements the court deems necessary for the protection of the public.
The length and conditions of supervision shall be set by the court at the time of sentencing. However, within thirty days prior to release from confinement and throughout the period of supervision, the length and conditions of supervision may be modified by the sentencing court, upon motion of the department of corrections, the offender, or the prosecuting attorney. The period of supervision shall be tolled during any time the offender is in confinement for any reason. In no case may the period of supervision, in combination with the other terms of the offender's sentence, exceed the statutory maximum term for the offender's crime, as set forth in RCW 9A.20.021.
If the offender violates any condition of supervision, the sentencing court, after a hearing conducted in the same manner as provided for in RCW 9.94A.200, may order the offender to be confined for up to sixty days in the county jail at state expense from funds provided for this purpose to the department of corrections. Reimbursement rates for such purposes shall be established based on a formula determined by the office of financial management and reestablished each even-numbered year. An offender may be held in jail at state expense pending the hearing, and any time served while awaiting the hearing shall be credited against confinement imposed for a violation. Even after the period of supervision has expired, an offender may be confined for a violation occurring during the period of supervision. The court shall retain jurisdiction for the purpose of holding the violation hearing and imposing a sanction.
(9) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.
(((9)))
(10) If a sentence imposed includes a fine or restitution, the sentence
shall specify a reasonable manner and time in which the fine or restitution
shall be paid. In any sentence under this chapter the court may also require
the offender to make such monetary payments, on such terms as it deems
appropriate under the circumstances, as are necessary (a) to pay court costs,
including reimbursement of the state for costs of extradition if return to this
state by extradition was required, (b) to make recoupment of the cost of
defense attorney's fees if counsel is provided at public expense, (c) to
contribute to a county or interlocal drug fund, and (d) to make such other
payments as provided by law. All monetary payments shall be ordered paid by no
later than ten years after the date of the judgment of conviction.
(((10)))
(11) Except as provided under RCW 9.94A.140(1), a court may not impose a
sentence providing for a term of confinement or community supervision which
exceeds the statutory maximum for the crime as provided in chapter 9A.20
RCW ((9A.20.020)).
(((11)))
(12) All offenders sentenced to terms involving community supervision,
community service, restitution, or fines shall be under the supervision of the
secretary of the department or such person as the secretary may designate and
shall follow implicitly the instructions of the secretary including reporting
as directed to a community corrections officer, remaining within prescribed
geographical boundaries, and notifying the community corrections officer of any
change in the offender's address or employment.
(((12)))
(13) The sentencing court shall give the offender credit for all
confinement time served before the sentencing if that confinement was solely in
regard to the offense for which the offender is being sentenced.
(((13)))
(14) A departure from the standards in RCW 9.94A.400(1) and (2)
governing whether sentences are to be served consecutively or concurrently is
an exceptional sentence subject to the limitations in subsections (2) and (3)
of this section, and may be appealed by the defendant or the state as set forth
in RCW 9.94A.210(2) through (6).
Sec. 2. Section 20, chapter 137, Laws of 1981 as amended by section 12, chapter 209, Laws of 1984 and RCW 9.94A.200 are each amended to read as follows:
(1) If an offender violates any condition or requirement of a sentence, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.
(2) If an offender fails to comply with any of the requirements or conditions of a sentence the following provisions apply:
(a) The court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance. The court may issue a summons or a warrant of arrest for the offender's appearance;
(b) The state has the burden of showing noncompliance by a preponderance of the evidence. If the court finds that the violation has occurred, it may order the offender to be confined for a period not to exceed sixty days for each violation, and may convert a term of partial confinement to total confinement. Any time served in confinement awaiting a hearing on noncompliance shall be credited against any confinement order by the court; and
(c) If the court finds that the violation was not willful, the court may modify its previous order regarding payment of fines or other monetary payments and regarding community service obligations.
(3) Nothing in this section prohibits the filing of escape charges if appropriate.
Sec. 3. Section 7, chapter 115, Laws of 1983 as amended by section 19, chapter 209, Laws of 1984 and RCW 9.94A.360 are each amended to read as follows:
The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are summarized in Table 3, RCW 9.94A.330.
The offender score is computed in the following way:
(1) Include juvenile felony convictions if the offender was 15 or older at the time the offense was committed and the offender was less than 23 at the time the offense for which he or she is being sentenced was committed.
(2) If the present conviction is for Murder 1 or 2, Assault 1, Kidnaping 1, or Rape 1, count three points for prior adult and juvenile convictions for crimes in these categories, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.
(3) If the present conviction is for Burglary 1, count priors as in subsection (5) of this section; however count two points for each prior adult Burglary 2 conviction, and one point for each prior juvenile Burglary 2 conviction.
(4) If the present conviction is for Vehicular Homicide, only count the following crimes as part of the offender score: Vehicular Homicide, Vehicular Assault, Felony Hit and Run (RCW 46.52.020(4)), Hit and Run (RCW 46.52.020(5)), Driving While Intoxicated (RCW 46.61.502), Actual Physical Control (RCW 46.61.504), Reckless Driving (RCW 46.61.500), Attempting to Elude a Police Officer (RCW 46.61.500). Count two points for each adult or juvenile Vehicular Homicide conviction, one point for each other adult felony traffic or serious traffic conviction, and 1/2 point for each other juvenile felony traffic or serious traffic conviction.
(5) If the present conviction is for a violent offense and not covered in subsections (2), (3), (4), or (8) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.
(6) If the present conviction is for escape (Escape 1, RCW 9A.76.110; Escape 2, RCW 9A.76.120; Willful Failure to Return from Furlough, RCW 72.66.060; and Willful Failure to Return from Work Release, RCW 72.65.070), count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as 1/2 point.
(7) If the present conviction is for Burglary 2, count priors as in subsection (9) of this section; however count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 conviction, and one point for each juvenile prior Burglary 2 conviction.
(8) If the present conviction is for a violation of chapter 69.50 RCW, except for possession of a controlled substance (RCW 69.50.401(d)), count two points for each adult prior felony drug conviction (chapter 69.50 RCW, except RCW 69.50.401(d)), and one point for each juvenile drug conviction. All other adult and juvenile felonies are scored as in subsection (5) of this section if the current drug conviction is violent, or as in subsection (9) of this section if the current drug conviction is nonviolent.
(9) If the present conviction is for a nonviolent offense and not covered by subsection (6), (7), or (8) of this section, count one point for each prior adult felony conviction and one point for each prior juvenile violent felony conviction and 1/2 point for each prior juvenile nonviolent felony.
(10) If the present conviction is for an offense committed while the offender was under community supervision pursuant to this chapter, count one point.
(11) For all offender scores, the fractional totals shall be rounded down to the nearest whole number.
(((11)))
(12) In the case of multiple prior convictions for the purpose of
computing the offender score, count all adult convictions served concurrently
as one offense, and count all juvenile convictions entered on the same date as
one offense. The conviction for the offense that yields the highest offender
score is used.
(((12)))
(13) Class A prior felony convictions are always included in the
offender score. Class B prior felony convictions are not included if the
offender has spent ten years in the community and has not been convicted of any
felonies since the last date of release from confinement pursuant to a felony
conviction (including full-time residential treatment), if any, or entry of
judgment and sentence. Class C prior felony convictions and serious traffic
convictions as defined in RCW 9.94A.330 are not included if the offender has
spent five years in the community and has not been convicted of any felonies
since the last date of release from confinement pursuant to a felony conviction
(including full-time residential treatment), if any, or entry of judgment and
sentence. This subsection applies to both adult and juvenile prior
convictions.
The designation of out-of-state convictions shall be covered by the offense definitions and sentences provided by Washington law.
The
offender score is the sum of points accrued under subsections (1) through (((12)))
(13) of this section.
Sec. 4. Section 4, chapter 115, Laws of 1983 as amended by section 18, chapter 209, Laws of 1984 and RCW 9.94A.330 are each amended to read as follows:
@bv@lb TABLE 3
OFFENDER SCORE MATRIX
!tm2,1,1,1,1,1!tj3!tcPrior!sc ,1Adult!sc ,1Convictions
@h0!tm2,1,1,1,1,1 !tj1!tc@p1Serious!tcBurglary!tcOther!tcVehicular
@p0 Current!tj1!tc@p1Violent!tc1!tcViolent!tcHomi-!tcEscape
Offenses!tj4!tccide
@h1@p0 Serious Violent!tj1!tl3!tl2!tl2!tl2!tl1
Burglary 1!tj1!tl2!tl2!tl2!tl2!tl1
Other Violent!tj1!tl2!tl2!tl2!tl2!tl1
Vehicular
!sc ,1Homicide!tj1!tl0!tl0!tl0!tl2!tl0
Escape!tj1!tl0!tl0!tl0!tl0!tl1
Burglary 2!tj1!tl1!tl2!tl1!tl1!tl1
Other
!sc ,1Non-Violent!tj1!tl1!tl1!tl1!tl1!tl1
Drug!tj1!tl1!tl1!tl1!tl1!tl1
@h3 @h0@lb!tm2,1,1,1,1,1 !tj1!tc@p1Burglary!tcFelony!tcSerious!tcOther!tcDrug
@p0 Current!tj1!tc@p12!tcTraffic!tcTraffic!tcNon-
Offenses!tj4!tcViolent
@h1@p0 Serious Violent!tj1!tl1!tl1!tl0!tl1!tl1
Burglary 1!tj1!tl2!tl1!tl0!tl1!tc1
Other Violent!tj1!tl1!tl1!tl0!tl1!tc1
Vehicular
!sc ,1Homicide!tj1!tl0!tl1!tl1!tl0!tl0
Escape!tj1!tl0!tl0!tl0!tl0!tl0
Burglary 2!tj1!tl2!tl1!tl0!tl1!tl1
Other
!sc ,1Non-Violent!tj1!tl1!tl1!tl0!tl1!tl1
Drug!tj1!tl1!tl1!tl0!tl1!tl2
@h3 !tm2,1,1,1,1,1!tj3!tcPrior!sc ,1Juvenile!sc ,1Convictions
@h0!tm2,1,1,1,1,1 !tj1!tc@p1Serious!tcBurglary!tcOther!tcVehicular
@p0 Current!tj1!tc@p1Violent!tc1!tcViolent!tcHomi-!tcEscape
Offenses!tj4!tccide
@h1@p0 Serious Violent!tj1!tl3!tl2!tl2!tl2!tl1/2
Burglary 1!tj1!tl2!tl2!tl2!tl2!tl1/2
Other Violent!tj1!tl2!tl2!tl2!tl2!tl1/2
Vehicular
!sc ,1Homicide!tj1!tl0!tl0!tl0!tl2!tl0
Escape!tj1!tl0!tl0!tl0!tl0!tl1/2
Burglary 2!tj1!tc1/2!tl2!tc1/2!tl1/2!tl1/2
Other
!sc ,1Non-Violent!tj1!tl1/2!tl1/2!tl1/2!tl1/2!tl1/2
Drug!tj1!tl1/2!tl1/2!tl1/2!tl1/2!tl1/2
@h3 @h0@lb!tm2,1,1,1,1,1 !tj1!tc@p1Burglary!tcFelony!tcSerious!tcOther!tcDrug
@p0 Current!tj1!tc@p12!tcTraffic!tcTraffic!tcNon-
Offenses!tj4!tcViolent
@h1@p0 Serious Violent!tj1!tl 1/2!tl1/2!tl0!tl1/2!tl1/2
Burglary 1!tj1!tl1!tl1/2!tl0!tl1/2!tl1/2
Other Violent!tj1!tl1/2!tl1/2!tl0!tl1/2!tl1/2
Vehicular
!sc ,1Homicide!tj1!tl0!tl1/2!tl1/2!tl0!tl0
Escape!tj1!tl0!tl0!tl0!tl0!tl0
Burglary 2!tj1!tl1!tl1/2!tl0!tl1/2!tl1/2
Other
!sc ,1Non-Violent!tj1!tl1/2!tl1/2!tl0!tl1/2!tl1/2
Drug!tj1!tl1/2!tl1/2!tl0!tl1/2!tl1
@h3 !tm2,1,1,1,1,1!tj3!tcStatus!sc ,1at!sc ,1Time!sc ,1of!sc ,1Current!sc ,1Offense
On community supervision!tj3!tl 1
Not on community supervision!tj3!tl0
Definitions:!sc ,2!il*,1!ih2,2Serious Violent: Murder 1, Murder 2, Assault 1, Kidnapping 1, Rape 1
Escape: Escape 1, Escape 2, Willful Failure to Return From Work Release or Furlough
Serious Traffic: Driving While Intoxicated, Actual Physical Control, Reckless Driving, Hit-and-Run
Felony Traffic: Felony Hit-and-Run, Vehicular Assault, Attempting to Elude a Police Officer
Drug: All felony violations of chapter 69.50 RCW except possession of a controlled substance