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ONE HUNDRED-THIRD DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Friday, April 23, 1993
The House was called to order at 9:00 a.m. by the Speaker (Representative King presiding). The Clerk called the roll and a quorum was present.
Representative Ogden assumed the chair.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Andrew Cull and Emery Young. Prayer was offered by Reverend Nell Carlson, Minister of the Disciples of Christ Church.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGE FROM THE SENATE
April 22, 1993
Mr. Speaker:
The Senate grants the request of the House for a Conference on ENGROSSED SUBSTITUTE HOUSE BILL NO. 1374. The President has appointed the following members as Conferees: Senators: Pelz, Hochstatter and McAuliffe and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 22, 1993
Mr. Speaker:
The Senate grants the request of the House for a conference on SENATE BILL NO. 5675. The President has appointed the following members as Conferees: Senators: Haugen, Winsley and Loveland
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 22, 1993
Mr. Speaker:
The Senate grants the request of the House for a Conference on SUBSTITUTE SENATE BILL NO. 5405. The President has appointed the following members as Conferees: Senators: Pelz, Bluechel and McAuliffe and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 22, 1993
Mr. Speaker:
The Senate has granted the request of the House for a conference on ENGROSSED SUBSTITUTE HOUSE BILL NO. 2026. The President has appointed the following members as Conferees: Senators: Wojahn, Erwin and Pelz and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 22, 1993
Mr. Speaker:
The Senate concurred in the House amendments to ENGROSSED SUBSTITUTE SENATE BILL NO. 5868 and passed the bill as amended by the House.
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 22, 1993
Mr. Speaker:
The President has signed:
SUBSTITUTE SENATE BILL NO. 5195,
ENGROSSED SENATE BILL NO. 5879,
and the same are herewith transmitted.
Marty Brown, Secretary
April 22, 1993
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1569,
and the same is herewith transmitted.
Marty Brown, Secretary
April 22, 1993
Mr. Speaker:
The President has signed:
SUBSTITUTE HOUSE BILL NO. 1012,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1059,
SUBSTITUTE HOUSE BILL NO. 1061,
ENGROSSED HOUSE BILL NO. 1067,
ENGROSSED HOUSE BILL NO. 1081,
SUBSTITUTE HOUSE BILL NO. 1082,
ENGROSSED HOUSE BILL NO. 1110,
ENGROSSED HOUSE BILL NO. 1115,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1157,
SUBSTITUTE HOUSE BILL NO. 1219,
ENGROSSED HOUSE BILL NO. 1271,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1326,
SUBSTITUTE HOUSE BILL NO. 1356,
SUBSTITUTE HOUSE BILL NO. 1504,
HOUSE CONCURRENT RESOLUTION NO. 4419,
and the same are herewith transmitted.
Marty Brown, Secretary
There being no objection, the House advanced to the fourth order of business.
INTRODUCTIONS AND FIRST READING
HJM 4023 by Representatives Jacobsen, R. Fisher, Ogden, Brown, Jones, Pruitt, Anderson and J. Kohl
Petitioning Congress to place Tibetan human rights conditions on China's most favored nation trade status.
Referred to Committee on State Government.
SB 5977 by Senator Rinehart; by request of Office of Financial Management
Verifying initiative and referendum petitions.
Heldover from first reading on April 22, 1993.
On motion of Representative Sheldon, House Joint Memorial No. 4023 on today's introduction sheet under the fourth order of business was referred to the committee so designated.
The Speaker (Representative Ogden presiding) declared the House to be at ease.
The Speaker (Representative R. Meyers presiding) called the House to order.
RESOLUTION
HOUSE RESOLUTION NO. 93-4647, by Representatives Schmidt, R. Fisher, Wood, Zellinsky, Brumsickle, Roland, Foreman, Heavey, Brough, Karahalios, Padden, Hansen, Chandler, J. Kohl, Casada, Orr, Talcott, G. Fisher, Reams, Appelwick, Sheahan, Rayburn, Horn, H. Myers, Thomas, Pruitt, Forner, Scott, Silver, Grant, Morton, Jones, Fuhrman, Romero, Edmondson, Vance, Miller, Cothern, Ballard, Tate, Ballasiotes, Sehlin, Lisk, Van Luven, R. Meyers, Kremen and Cooke
WHEREAS, Duane Berentson has proudly, effectively, competently, and faithfully served the people of the state of Washington for the past thirty years; and
WHEREAS, Duane Berentson proved his dedication and competence in various capacities as a businessman and public servant; and
WHEREAS, Duane Berentson has served as secretary of transportation for the state of Washington for the past 12 years, from 1981 to 1993; and
WHEREAS, Duane Berentson has successfully led the Department of Transportation which is responsible for the state's 7,000 miles of highway, the nation's largest ferry system, and the state's Aeronautics Division; and
WHEREAS, Duane Berentson served 18 years as a member of the House of Representatives from the 40th Legislative District from 1963 to 1980; and
WHEREAS, Duane Berentson successfully operated as broker/dealer of securities as the principal of Duane Berentson Investments; and
WHEREAS, Duane Berentson served as a dedicated and committed teacher and an athletic coach in the Burlington/Edison and Mt. Baker school districts for seven years; and
WHEREAS, Duane Berentson served on the regional board of the National Board of the National Association of Securities Dealers; and
WHEREAS, Duane Berentson served as past president of the Burlington Chamber of Commerce; and
WHEREAS, Duane Berentson served as former trustee of Luther Child Care; and
WHEREAS, Duane Berentson served as a past member of the Pacific Lutheran University Alumni Board; and
WHEREAS, Duane Berentson served on the University of Washington Visiting Committee; and
WHEREAS, Duane Berentson served as chairman of the Standing Committee on Public Transportation of the American Association of State Highway and Transportation Officials; and
WHEREAS, Duane Berentson served as past chairman of the Standing Committee on Administration of the American Association of State Highways and Transportation Officials; and
WHEREAS, Duane Berentson is a member of the American Association of State Highway and Transportation Officials Executive Committee and 2020 Task Force; and
WHEREAS, Duane Berentson served as a past member of the Transportation Research Board Executive Committee and the Strategic Transportation Research Study Steering Committee; and
WHEREAS, Duane Berentson served as chairman of the Washington State Transportation Research Center Advisory Board; and
WHEREAS, Duane Berentson served as president of the Western Association of State Highway and Transportation Officials from 1984 to 1985; and
WHEREAS, Duane Berentson served as chairman of the standing committee on Administration of the Western Association of State Highway and Transportation Officials from 1982 to 1983; and
WHEREAS, Duane Berentson served on the Management Institute Selection Task Force; and
WHEREAS, Duane Berentson served on the original Strategic Highway Research Program Task Force; and
WHEREAS, Duane Berentson, with an extensive business and political background, was the first nonengineer to head the Department of Transportation; and
WHEREAS, As Secretary of Transportation he has managed a $2.5 billion, two-year budget and has created a supportive work atmosphere for the department's 6,000 employees; and
WHEREAS, He provided the needed leadership and vision to revive and complete the I-90 project, in spite of 20 years of community discontent and environmental litigation; and
WHEREAS, He has helped lead the fight against traffic congestion in our urban areas by developing programs to get people out of their single-occupant vehicles and into buses, vanpools, or ride-sharing programs; and
WHEREAS, As a member of the House of Representatives he served as cospeaker, minority leader, Transportation Committee chairman, Legislative Transportation Committee secretary, Rules Committee chairman, and Washington state representative to the Western Conference of State Governments; and
WHEREAS, Through his leadership, the Department of Transportation is well positioned to meet the challenges of the 21st Century; and
WHEREAS, Duane Berentson will retire upon the conclusion of the 1993 legislative session;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington recognize and express its appreciation to Duane Berentson for his honorable service to the people of the state of Washington; and
BE IT FURTHER RESOLVED, That the House of Representatives of the state of Washington recognize, praise, and honor Duane Berentson, Secretary of Transportation, for his far reaching contributions in helping to meet the present transportation challenges of the state of Washington; and
BE IT FURTHER RESOLVED, That the Chief Clerk of the House of Representatives immediately transmit copies of this resolution to Duane Berentson.
Representative Schmidt moved adoption of the resolution.
Representatives Schmidt, Reams, Sommers, Wood, King, Ballard and Valle spoke in favor of the resolution.
House Resolution No. 4647 was adopted.
Duane Berentson briefly addressed the House of Representatives.
HOUSE RESOLUTION NO. 93-4661, by Representatives Veloria, Leonard, Conway, Rust, R. Meyers and Patterson
WHEREAS, The Washington State Legislature honors citizens whose acts of generosity and general kindness toward others is truly self-sacrificing, and further whose largess touches not just a few, but is spread to a great number both directly and indirectly; and
WHEREAS, Alice Coleman, a resident of the 11th district, exemplifies each of the above qualities through her tireless devotion to the well-being of this body, both members and staff, by providing exquisite baked goods to numerous representatives, aides, and others, on not less than five occasions; and
WHEREAS, The benefit of these delights directly affects those who enjoy them and their influence is shared with others through the goodwill and improved disposition of the individuals recognizing the tenderness and caring placed within each treat; and
WHEREAS, The physical fulfillment gained is pleasant and it is the emotional and psychological implications that should be recognized for their lasting and far-reaching result; and
WHEREAS, Ms. Coleman could simply do as she does for her son alone, Representative Calvin Anderson, yet she chooses to share herself with those she does not even know; Truly she is a wonderful woman and deserving of recognition;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives commend Alice Coleman for her generosity, kindness, and support for those housed herein; and
BE IT FURTHER RESOLVED, That the Chief Clerk of the House of Representatives immediately transmit copies of this resolution to Alice Coleman and Representative Calvin Anderson.
Representative Veloria moved adoption of the resolution.
Representatives Veloria, Anderson and Leonard spoke in favor of the resolution.
House Resolution No. 4661 was adopted.
SENATE AMENDMENTS TO HOUSE BILL
April 15, 1993
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2028 with the following amendments:
On page 1, at the beginning of line 7, insert "(1)"
On page 1, after line 14, insert the following:
"(2) Neither this section nor any other provision in this chapter or chapter 41.26, 41.32, 41.40, 41.54, or 43.43 RCW authorize the extension of statutory restore deadlines for members who do not receive notice of their eligibility to restore withdrawn contributions. This subsection applies retroactively to restoration periods which expired prior to the effective date of this act."
On page 1, after line 14, insert the following:
"Sec. 2. RCW 41.40.058 and 1987 c 417 s 1 are each amended to read as follows:
(1) Any person who was a member of the state-wide city employees' retirement system governed by chapter 41.44 RCW and who also became a member of the public employees' retirement system on or before July 26, 1987, may, in a writing filed with the director, elect to:
(a) Transfer to the public employees' retirement system all service currently credited under chapter 41.44 RCW;
(b) Reestablish and transfer to the public employees' retirement system all service which was previously credited under chapter 41.44 RCW but which was canceled by discontinuance of service and withdrawal of accumulated contributions as provided in RCW 41.44.190. The service may be reestablished and transferred only upon payment by the member to the employees' savings fund of the public employees' retirement system of the amount withdrawn plus interest thereon from the date of withdrawal until the date of payment at a rate determined by the director. No additional payments are required for service credit described in this subsection if already established under this chapter; and
(c) Establish service credit for the initial period of employment not to exceed six months, prior to establishing membership under chapter 41.44 RCW, upon payment in full by the member of the total employer's contribution to the benefit account fund of the public employees' retirement system that would have been made under this chapter when the initial service was rendered. The payment shall be based on the first month's compensation earnable as a member of the state-wide city employees' retirement system and as defined in RCW 41.44.030(13). However, a person who has established service credit under RCW 41.40.010(((11)))(13) (c) or (d) shall not establish additional credit under this subsection nor may anyone who establishes credit under this subsection establish any additional credit under RCW 41.40.010(((11)))(13) (c) or (d). No additional payments are required for service credit described in this subsection if already established under this chapter.
(2)(a) In the case of a member of the public employees' retirement system who is employed by an employer on July 26, 1987, the written election required by subsection (1) of this section must be filed and the payments required by subsection (1)(b) and (c) of this section must be completed ((in full within one year after July 26, 1987)) by December 31, 1993.
(b) In the case of a former member of the public employees' retirement system who is not employed by an employer on July 26, 1987, the written election must be filed and the payments must be completed in full within one year after reemployment by an employer.
(c) In the case of a retiree receiving a retirement allowance from the public employees' retirement system on July 26, 1987, or any person having vested rights as described in RCW 41.40.150 (((3) or (5))) (4), the written election may be filed and the payments may be completed at any time.
(3) Upon receipt of the written election and payments required by subsection (1) of this section from any retiree described in subsection (2)(c) of this section, the department shall recompute the retiree's allowance in accordance with this section and shall pay any additional benefit resulting from such recomputation retroactively to the date of retirement from the system governed by this chapter."
On page 1, line 2 of the title, after "contributions;" insert "amending RCW 41.40.058;"
On page 1, after line 14, insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 41.40 +9-RCW, under the subchapter heading "plan I," to read as follows:
Any active member or separated member who was not eligible to restore contributions under section 3, chapter 317, Laws of 1986, solely because he or she was an elected official, other than an elected official under Articles II or III of the Constitution of the state of Washington, shall be permitted to restore withdrawn contributions for periods of nonelected service no later than June 30, 1994, with interest as determined by the director."
On page 1, line 3 of the title, after "41.50 RCW;" insert "adding a new section to chapter 41.40 RCW;"
and the same are herewith transmitted.
Marty Brown, Secretary
Representative Locke: Thank you Mr. Speaker. I would request a ruling on the scope and object of the Senate amendment to House Bill No. 2028.
With the consent of the House, further consideration of House Bill No. 2028 was deferred.
MESSAGE FROM THE SENATE
April 22, 1993
Mr. Speaker:
The Senate insists on its position regarding the Senate amendments to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1393 and once again asks the House to concur therein.
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Heavey moved that the House recede from its position and concur in the Senate amendments to Engrossed Substitute House Bill No. 1393 and pass the bill as amended by the Senate.
Representative G. Cole spoke in favor of the motion and it was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1393 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1393, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 65, Nays - 33, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Carlson, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Locke, Long, Ludwig, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Roland, Romero, Rust, Scott, Sehlin, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 65.
Voting nay: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Casada, Chandler, Cooke, Dyer, Foreman, Forner, Fuhrman, Grant, Horn, Kremen, Lisk, Mastin, Mielke, Miller, Morton, Padden, Rayburn, Reams, Schmidt, Schoesler, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 33.
Engrossed Substitute House Bill No. 1393, as amended by the Senate,, having received the constitutional majority, was declared passed.
Please change my vote to "NAY" regarding Engrossed Substitute House Bill No. 1393. The button was pushed but recorded "YEA" in error.
BETTY EDMONDSON, 14th District
Please change my vote from a "YEA" to a "NAY" on Engrossed Substitute House Bill No. 1393.
SENATE AMENDMENTS TO HOUSE BILL
April 6, 1993
Mr. Speaker:
The Senate has passed HOUSE JOINT RESOLUTION NO. 4200 with the following amendments:
Strike everything after page 1, line 7, and insert the following:
"Article I, section 11. Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment: PROVIDED, HOWEVER, That this article shall not be so construed as to forbid the employment by the state of a chaplain for such of the state custodial, correctional, and mental institutions, or by a state's, county's, or public hospital district's hospital, health care facility, or hospice, as in the discretion of the legislature may seem justified. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.
BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of the foregoing constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative H. Myers moved that the House refuse to concur in the Senate amendments to House Joint Resolution No. 4200 and ask the Senate to recede therefrom.
MOTION
Representative Dunshee moved that the House do concur in the Senate amendments to House Joint Memorial No. 4200.
The Speaker stated the question before the House to be Representative Dunshee's motion to concur.
Representatives Dunshee and Riley spoke in favor of the motion to concur and Representatives H. Myers and Edmondson spoke against it.
A division was called. The Speaker called upon the House to divide. The results of the division were: 25-YEAS; 73-NAYS. The amendment was not adopted.
The House voted to not concur in the Senate amendments to House Joint Resolution No. 4200 and ask the Senate to recede therefrom.
SENATE AMENDMENTS TO HOUSE BILL
April 16, 1993
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1214 with the following amendments:
On page 4, line 17, after "authorizations" insert "given pursuant to an agreement with a treatment or monitoring program or disciplinary authority under chapters 18.72 or 18.130 RCW or"
On page 6, beginning on line 22, strike all material through "admitted" on line 25 and insert "(k) In the case of a hospital or health care provider to provide, in cases reported by fire, police, sheriff, or other public authority, name, residence, sex, age, occupation, condition, diagnosis, or extent and location of injuries as determined by a physician, and whether the patient was conscious when admitted"
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Appelwick moved that the House do concur in the Senate amendments to Substitute House Bill No. 1214 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 1214 as amended by the Senate.
Representative Appelwick spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1214, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Voting nay: Representative Flemming - 1.
Substitute House Bill No. 1214, as amended by the Senate, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 22, 1993
Mr. Speaker:
The Senate refuses to concur in the House amendments to ENGROSSED SUBSTITUTE SENATE BILL NO. 5844 and asks the House for a conference thereon. The President has appointed the following members as Conferees: Senators: Haugen, Winsley and McAuliffe
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Leonard moved the House grant the request of the Senate for a conference on Engrossed Substitute Senate Bill No. 5844. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker (Representative R. Meyers presiding) appointed Representatives Leonard, Brown and Cooke as conferees to Engrossed Substitute Senate Bill No. 5844.
RESOLUTION
HOUSE RESOLUTION NO. 93-4662, by Representatives Sehlin and Karahalios
WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in endeavors; and
WHEREAS, The 1993 Stanwood Middle School's Science Team exhibited the highest level of excellence in winning 1st place over 22 other state middle school teams in the Washington Science Olympiad State Final Competition at Washington State University in Pullman, Washington on April 3, 1993, and in also winning 1st place over 15 other state middle school teams in the Washington Science Olympiad Northwest Regional Competition at Everett Community College in Everett, Washington, host school for all 8 years of state regional competitions, on January 30, 1993; and
WHEREAS, The 1993 Stanwood Middle School's Science Team will represent Washington State in the Middle School Division and Kamiaken High School from Kennewick, Washington will represent Washington State in the High School Division against 47 other state middle school teams and 47 other state high school teams representing over 10,000 teams nation-wide and 1.5 million students in the National Science Olympiad Final Competition which will be held at the University of Southern Colorado in Pueblo, Colorado on May 21 and 22, 1993; and
WHEREAS, The 1993 Stanwood Middle School's Science Team, which consists of 15 students, grades 7 through 9, is promoted and supported by student fundraisers, voluntary contributions, grants, and numerous corporate, government and educational sponsors, and will need to raise approximately nine thousand dollars to attend the National Science Olympiad Final Competition in Pueblo, Colorado; and
WHEREAS, The Science Olympiad originated in Delaware 18 years ago, went national 8 years ago, and includes 32 events representing 3 broad goal areas of science education, science concepts and knowledge, science processes and thinking skills, and science application and technology; and
WHEREAS, The 1993 Washington Science Olympiad involved 99 teams consisting of over 1,380 students from around Washington State, and the Washington Science Olympiad Committee has been administered by Dick and Shirley Prouty of Everett Community College who have volunteered their services since 1986, and is co-directed by Bob Campbell and Dick Prouty; and
WHEREAS, The 1993 Stanwood Middle School's Science Team events challenge students to think creatively and solve complex challenges from a scientific point of view, and are balanced between the various science disciplines of biology, art, science, chemistry, physics, and computers, and technology, with a balance between facts, concepts, process skills, and team effort, including co-operative individual and group planning; and
WHEREAS, The 1993 Stanwood Middle School's Science Team participation in the Washington Science Olympiad, an academic interscholastic competition designed to increase student interest in science and improve the quality of science education, included many events, ranging from written test questions to design and hands-on manufacturing, such as, designing and constructing an aerodynamic device out of paper that will stay aloft for a long period of time, a vehicle that uses a standard mousetrap to move it twenty meters before coming to a dead stop, a device capable of launching a tennis ball into a target area of sand, the lightest bridge capable of holding the most weight, and a container that will safely protect an egg from breaking when dropped from a height, and analyzing and identifying unknown powders, liquids, metals, fibers, and inks, using chemical techniques, testing their knowledge of astronomy, building and using an instrument to measure angular altitude, and conducting complex measurements; and
WHEREAS, The 1993 Stanwood Middle School's Science Team, in addition to their 1st place team finish in the Washington Science Olympiad State Final Competition, earned 17 gold medals, 5 silver medals and 1 bronze medal by individual student scientists, including 1st place awards by Kristina Ringland (3), Colben Sime (2), Casey Haakenson (2), Amber Robinson (2), Christie Walker, Michael Hamalainen, Dan Compton, Robin Compton, Craig Oseroff, Carrie Vincent, Heather Saimons, and Candyce Kintner; 2nd place awards by Michael Hamalainen, Chad Lee, Heather Saimons, and Crystal Kintner; and a 3rd place award by Dan Compton; and
WHEREAS, The 1993 Stanwood Middle School's Science Team, in addition to their 1st place team finish in the Washington Science Olympiad Northwest Regional Competition, earned 10 gold medals, 15 silver medals and 13 bronze medals by individual student scientists, including 1st place awards by Dan Compton (2), Colben Sime, Christie Walker, Chad Lee, Michael Hamalainen, Tug Buse, Ben Lukehart, and Carrier Vincent; 2nd place awards by Craig Oseroff (2), Megan Thomas, Kristina Ringland, Amber Robinson, Colben Sime, Casey Haakenson, Michael Hamalainen, Heather Saimons, Crystal Kintner, Robin Compton, Carissa Vargas, and Carrie Vincent; and 3rd place awards by Casey Haakenson, Cristina Ringland, Amber Robinson, Stephen Glunt, Fred Leach, Heather Saimons, Crystal Kintner, Josh Harrington, J. R. Cooley, Candyce Kintner, Robin Compton, Rae Cowdry, and Ben Schnase; and
WHEREAS, The 1993 Stanwood Middle School's Science Team student scientists apply their efforts to excel in their fields of interest, under the guidance and encouragement of the teachers of Stanwood Middle School as coordinated by teacher coach Robin Ringland who spends countless hours of her own time without compensation; and
WHEREAS, The 1993 Stanwood Middle School's Science Team coach, Robin Ringland, and team members, Shannon Bergdahl, Brandon Bowman, Wendy Brown, Tug Buse, Dan Compton, Robin Compton, J. R. Cooley, Rae Cowdry, Amy Fifield, Brian Flener, Stephen Glunt, Garett Greer, Casey Haakenson, Michael Hamalainen, Josh Harrington, Crysty Kimmer, Candy Kintner, Fred Leach, Chad Lee, Ben Lukehart, Craig Oseroff, Kristina Ringland, Adam Roberts, Amber Robinson, Heather Saimons, Dan Schei, Ben Schnase, Colben Sime, Meghan Slater, Megan Thomas, Carissa Vargas, Carrie Vincent, and Christie Walker, all share in the 1993 Stanwood Middle School's Science Team's success by combining outstanding coaching with outstanding scientific knowledge and expertise; and
WHEREAS, These accomplishments could not have been achieved without the support and encouragement of the students, alumni, families, friends, contributors, and sponsors who backed them all the way, and the individual and team achievements of the 1993 Stanwood Middle School's Science Team will always be remembered when commemorating their winning year, and are a source of great pride to all the citizens of the state of Washington;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington honor the 1993 Stanwood Middle School's Science Team, encourage everyone to help support them in their efforts to raise the resources necessary to attend the National Science Olympiad Final Competition in Pueblo, Colorado on May 21-22, 1993 and wish them all success in their endeavors; and
BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the 1993 Stanwood Middle School's Science Team Coach, Robin Ringland, Stanwood Middle School Principal, Ron Hendricks, Washington Science Olympiad Committee Executive, Shirley Prouty, and Co-Directors, Bob Campbell and Dick Prouty.
Representative Sehlin moved adoption of the resolution .
Representatives Sehlin and Karahalios spoke in favor of the resolution.
House Resolution No. 4662 was adopted.
MOTION
Representative Sheldon moved the rules be suspended, and Senate Bill No. 5977 be advanced to second reading and read the second time in full. The motion was carried.
RESOLUTION
HOUSE RESOLUTION NO. 93-4660, by Representatives Horn and Ballasiotes
WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and
WHEREAS, The Mercer Island High School Girls' Swim and Diving Team exhibited the highest level of excellence in winning the Washington State High School Girls' Swim and Diving State Championship on Saturday, November 14, 1992; and
WHEREAS, The Mercer Island High School Girls' Swim and Diving Team had an incredible 1992 season team record of 13 wins and 0 losses; and
WHEREAS, These extraordinary accomplishments could not have been achieved without the support and encouragement of the students, alumni, families, friends, community members, and all the fans who backed them all the way; and
WHEREAS, The Mercer Island High School Girls' Swim and Diving head coach Frank Ceteznik, assistant coach Bob Harshbarger, managers Justin Reichman and Clay Robinson, support people John Steding, scorekeeper, Nick LeClercq, starter, and Christine Robertson, head timer, and all the swim and diving team members including Amy Anderson, Anett Ari, Lisa Bondi, Shannon Carter, Lindsay Clothier, Tara Cook, Becky Frost, Colleen Gaffney, Tanya Gutschmidt, Kim Helsel, Christine Jahncke, Amy Johnstone, Kristin King, Lindsay Kircher, Erika Kubisch, Katie LeClercq, Tatum Lipman, Christine Lukas, Becky Masuda, Karyn Meyer, Stacey Nakagawa, Maurisa Pollock, Marla Robertson, Kristin Schembs, Amy Sproul, Tricia Stearns, Jenny Strasburger, Diana Vadocz, and Michele White, share in the Mercer Island High School Girls' Swim and Diving Team's success by combining outstanding coaching with outstanding performance; and
WHEREAS, The inspiring individual and team achievements of the 1992 Mercer Island High School Girls' Swim and Diving Team will always be remembered when commemorating their winning year; and
WHEREAS, The victorious Mercer Island High School Girls' Swim and Diving Team is a source of great pride to all the citizens of the state of Washington;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington honor the 1992 Mercer Island High School Girls' Swim and Diving Team; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Head Coach Frank Ceteznik, the entire 1992 Mercer Island High School Girls' Swim and Diving Team, and the Principal of Mercer Island High School, Gary Bridgman.
Representative Horn moved adoption of the resolution.
Representatives Horn and Ballasiotes spoke in favor of the resolution.
House Resolution No. 4660 was adopted.
MOTION
On motion of Representative Sheldon, the House recessed until 1:30 p.m.
AFTERNOON SESSION
The Speaker (Representative Kessler presiding) called the House to order at 1:30 p.m.
The Clerk called the roll and a quorum was present.
Representative Wang assumed the chair.
The Speaker (Representative Wang presiding) declared the House to be at ease.
The Speaker called the House to order.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SUBSTITUTE HOUSE BILL NO. 1014,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1089,
SUBSTITUTE HOUSE BILL NO. 1100,
SUBSTITUTE HOUSE BILL NO. 1195,
SUBSTITUTE HOUSE BILL NO. 1211,
SUBSTITUTE HOUSE BILL NO. 1226,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1233,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5157,
SUBSTITUTE SENATE BILL NO. 5176,
SUBSTITUTE SENATE BILL NO. 5195,
ENGROSSED SENATE BILL NO. 5260,
SUBSTITUTE SENATE BILL NO. 5270,
ENGROSSED SENATE BILL NO. 5280,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5307,
SUBSTITUTE SENATE BILL NO. 5316,
ENGROSSED SENATE BILL NO. 5342,
SUBSTITUTE SENATE BILL NO. 5380,
SUBSTITUTE SENATE BILL NO. 5483,
SUBSTITUTE SENATE BILL NO. 5492,
SUBSTITUTE SENATE BILL NO. 5503,
ENGROSSED SENATE BILL NO. 5508,
SECOND SUBSTITUTE SENATE BILL NO. 5511,
SUBSTITUTE SENATE BILL NO. 5528,
ENGROSSED SENATE BILL NO. 5534,
ENGROSSED SENATE BILL NO. 5545,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5574,
SUBSTITUTE SENATE BILL NO. 5686,
SUBSTITUTE SENATE BILL NO. 5688,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5702,
SUBSTITUTE SENATE BILL NO. 5736,
ENGROSSED SENATE BILL NO. 5879,
MESSAGE FROM THE SENATE
April 23, 1993
Mr. Speaker:
The President has signed:
SUBSTITUTE HOUSE BILL NO. 1026,
SUBSTITUTE HOUSE BILL NO. 1051,
SUBSTITUTE HOUSE BILL NO. 1077,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1084,
SUBSTITUTE HOUSE BILL NO. 1103,
SUBSTITUTE HOUSE BILL NO. 1128,
SUBSTITUTE HOUSE BILL NO. 1183,
ENGROSSED HOUSE BILL NO. 1228,
SUBSTITUTE HOUSE BILL NO. 1316,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1333,
SUBSTITUTE HOUSE BILL NO. 1560,
HOUSE JOINT MEMORIAL NO. 4005,
SUBSTITUTE HOUSE BILL NO. 1817,
HOUSE CONCURRENT RESOLUTION NO. 4420,
and the same are herewith transmitted.
Marty Brown, Secretary
MESSAGES FROM THE SENATE
April 23, 1993
Mr. Speaker:
The Senate has concurred in the House amendments to SENATE BILL NO. 5577 and passed the bill as amended by the House and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 23, 1993
Mr. Speaker:
The Senate has receded from its amendments to SUBSTITUTE HOUSE BILL NO. 1357, and passed the bill without said amendments and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
April 23, 1993
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5304 and passed the bill as recommended by the Conference Committee and the same are herewith transmitted.
Marty Brown, Secretary
MESSAGE FROM THE SENATE
April 23, 1993
Mr. Speaker:
The Senate has passed:
ENGROSSED SENATE BILL NO. 5076,
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
With the consent of the House, the House advanced to the fourth order of business.
INTRODUCTIONS AND FIRST READING (SUPPLEMENTAL)
ESB 5076 by Senators Talmadge, Gaspard, Snyder and Pelz; by request of Governor Gardner
Enacting comprehensive health care reform.
MOTION
On motion of Representative Sheldon, the rules were suspended and Engrossed Senate Bill No. 5076 was advanced to the second reading calendar.
With the consent of the House, the House advanced to the sixth order of business.
SECOND READING
ENGROSSED SENATE BILL NO. 5076, by Senators Talmadge, Gaspard, Snyder and Pelz; by request of Governor Gardner
Enacting comprehensive health care reform.
The bill was read the second time.
Representative Dyer moved the adoption of the following amendment by Representative Dyer:
On page 4, line 5, after "year;" strike "and" insert "or"
Representatives Dyer, Ballard, Fuhrman and Schoesler spoke in favor of adoption of the amendment and Representatives Dellwo, R. Meyers and Heavey spoke against it.
Representative Ballard again spoke in favor of the amendment and Representative Heavey again spoke against it.
Representative Carlson demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on the adoption of the amendment on page 4, line 5, to Engrossed Senate Bill No. 5076 and the amendment was not adopted by the following vote: Yeas - 37, Nays - 61, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Horn, Lisk, Long, Mastin, Mielke, Miller, Morton, Padden, Rayburn, Reams, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 37.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Roland, Romero, Rust, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 61.
Representative Dyer moved the adoption of the following amendment by Representative Dyer:
On page 15, line 34, strike "endeavor to"
Representative Dyer spoke in favor of adoption of the amendment and Representative Dellwo spoke against it.
Representative Vance demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 15, line 34, to Engrossed Senate Bill No. 5076 and the amendment was not adopted by the following vote: Yeas - 37, Nays - 61, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Horn, Lisk, Long, Mastin, Mielke, Miller, Morton, Padden, Rayburn, Reams, Rust, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 37.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Locke, Ludwig, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Roland, Romero, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 61.
Representative Dyer moved the adoption of the following amendment by Representative Dyer:
On page 13, line 26, after "employer" insert "except employers of ten of fewer employees"
Representatives Dyer and Long spoke in favor of adoption of the amendment, Representatives Dellwo and R. Meyers spoke against it.
Representative Thomas demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 13, line 26, to Engrossed Senate Bill No. 5076 and the amendment was not adopted by the following vote: Yeas - 44, Nays - 54, Absent - 0, Excused - 0.
Voting yea: Representatives Ballard, Ballasiotes, Basich, Brough, Brumsickle, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Finkbeiner, Foreman, Forner, Fuhrman, Hansen, Horn, Johanson, Kremen, Lisk, Long, Mastin, Mielke, Miller, Morton, Padden, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven and Wood - 44.
Voting nay: Representatives Anderson, Appelwick, Bray, Brown, Campbell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Fisher, G., Fisher, R., Flemming, Grant, Heavey, Holm, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Locke, Ludwig, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Romero, Rust, Scott, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 54.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 5076.
Representative Dellwo yielded to a question by Representative L. Johnson.
Representative L. Johnson: Is it the intent of the Legislature that employers of seasonal workers be mandated to participate in the cost of coverage for their non-seasonal employees as provided in section 464 of Engrossed Second Substitute Senate Bill No. 5304?
Representative Dellwo: Yes. The requirement for affirmative action by the legislature in section 3 of Engrossed Senate Bill No. 5076 relates only to employer participation on behalf of their seasonal employees, not their non-seasonal employees.
Representatives Dellwo, R. Johnson and L. Johnson spoke in favor of passage of the bill and Representatives Dyer, Ballard, Morton, Edmondson and Foreman spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5076, and the bill passed the House by the following vote: Yeas - 59, Nays - 39, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Campbell, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Locke, Ludwig, Mastin, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Riley, Roland, Romero, Rust, Scott, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 59.
Voting nay: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Foreman, Forner, Fuhrman, Hansen, Heavey, Horn, Kremen, Lisk, Long, Mielke, Miller, Morton, Padden, Rayburn, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven, Wood and Zellinsky - 39.
Engrossed Senate Bill No. 5076, having received the constitutional majority, was declared passed.
With the consent of the House, the House reverted to consideration of House Bill No. 2028.
Representative Locke has raised a point of order to the scope and object of Senate amendment S-2750.1 to House Bill No. 2028.
In ruling on the point of order, the Speaker finds that House Bill 2028 is a measure which requires notification to returning employees of their ability to restore withdrawn retirement contributions.
Senate amendment S-2750.1 creates an open window for transferring service credit from the statewide cities retirement system to the public employees retirement system.
The Speaker therefore finds that Senate amendment S-2750.1 does change the scope and object of the bill and the point of order is well taken.
MOTION
Representative Locke moved that the House do concur in Senate amendments S-2711.1 and S-2751.1 and refuse to concur in the Senate amendment S-2750.1 and ask the Senate to recede therefrom. The motion was carried.
The Speaker declared the House to be at ease.
The Speaker (Representative Appelwick presiding) called the House to order.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5451, by Senator Hargrove
Revising sentencing and corrections for felons.
The bill was read the second time.
Representative Long moved adoption of the following amendment:
On page 2, after line 27, strike the remainder of the bill and insert the following:
"Sec. 2. RCW 9.94A.030 and 1992 c 145 s 6 and 1992 c 75 s 1 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.
(2) "Commission" means the sentencing guidelines commission.
(3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.
(4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time or imposed pursuant to RCW 9.94A.120(7) served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.
(5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.
(6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.
(7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.
(8) "Confinement" means total or partial confinement as defined in this section.
(9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.
(10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction.
(11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.
(12)(a) "Criminal history" means the list of a defendant's prior convictions, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.
(b) "Criminal history" shall always include juvenile convictions for sex offenses and shall also include a defendant's other prior convictions in juvenile court if: (i) The conviction was for an offense which is a felony or a serious traffic offense and is criminal history as defined in RCW 13.40.020(6)(a); (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies or serious traffic offenses, the defendant was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed.
(13) "Day fine" means a fine imposed by the sentencing judge which equals the difference between the offender's net daily income and the reasonable obligations which the offender has for the support of the offender and any dependents.
(14) "Day reporting" means reporting at least once per day to a specific location designated by the department of corrections or the sentencing judge together with the requirement that the offender's location throughout each day be reported to the department of corrections.
(15) "Department" means the department of corrections.
(((14))) (16) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.
(((15))) (17) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.
(((16))) (18) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.
(((17))) (19) "Drug or alcohol monitoring" means the obligation to remain free of any nonprescribed controlled substance or of any alcoholic beverage and to submit to periodic testing in a program to monitor that status as directed by the department of corrections, such as drug monitoring under a treatment alternatives to street crime (TASC) or comparable program.
(20) "Education or training" means participation in a formal program of education or training which has state certification.
(21) "Escape" means:
(a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.
(((18))) (22) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.
(((19))) (23) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.
(((20))) (24)(a) "First-time offender" means any person who is convicted of a felony (i) not classified as a violent offense or a sex offense under this chapter, or (ii) that is not the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in schedule I or II that is a narcotic drug or the selling for profit (([of])) of any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, and except as provided in (b) of this subsection, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.
(b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction except for adjudications of sex offenses.
(((21))) (25) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance or other state of the art electronic monitoring technology. Home detention may not be imposed for offenders convicted of a violent offense, any sex offense, reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050, assault in the third degree as defined in RCW 9A.36.031, assault of a child in the third degree, unlawful imprisonment as defined in RCW 9A.40.040, or harassment as defined in RCW 9A.46.020. Home detention may be imposed for offenders convicted of a violation of chapter 69.50 or 69.52 RCW, that relates to the possession, manufacture, or delivery of a controlled substance or imitation controlled substance, if the offender fulfills the participation conditions set forth in this subsection and is monitored for drug use by treatment alternatives to street crime (TASC) or a comparable court or agency-referred program.
(a) Home detention may be imposed for offenders convicted of burglary in the second degree as defined in RCW 9A.52.030 or residential burglary conditioned upon the offender: (i) Successfully completing twenty-one days in a work release program, or having successfully completed a sentence in a work ethic camp, (ii) having no convictions for burglary in the second degree or residential burglary during the preceding two years and not more than two prior convictions for burglary or residential burglary, (iii) having no convictions for a violent felony offense during the preceding two years and not more than two prior convictions for a violent felony offense, (iv) having no prior charges of escape, and (v) fulfilling the other conditions of the home detention program.
(b) Participation in a home detention program shall be conditioned upon: (i) The offender obtaining or maintaining current employment or attending a regular course of school study at regularly defined hours, or the offender performing parental duties to offspring or minors normally in the custody of the offender, (ii) abiding by the rules of the home detention program, and (iii) compliance with court-ordered legal financial obligations. The home detention program may also be made available to offenders whose charges and convictions do not otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under the home detention program, or where the health and welfare of the offender, other inmates, or staff would be jeopardized by the offender's incarceration. Participation in the home detention program for medical or health-related reasons is conditioned on the offender abiding by the rules of the home detention program and complying with court-ordered restitution.
(26) "Inpatient treatment" means participation in a treatment program certified by the state which requires the offender to be present at least twelve hours per day.
(27) "Nonviolent offense" means an offense which is not a violent offense.
(((22))) (28) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.
(((23))) (29) "Outpatient treatment" means participation in a treatment program certified by the state or recommended by the department of corrections which does not require the offender to be present for more than twelve hours per day.
(30) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.
(((24))) (31) "Persistent offender" is any person who:
(a) Is convicted in this state of any felony with a seriousness level of X or above, as provided in RCW 9.94A.320, except for the crime of aggravated murder in the first degree; and
(b) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would have a seriousness level of X or above. Of these two or more previous convictions, at least one conviction must have occurred before the commission of any of the other offenses with a seriousness level of X or above for which the offender was previously convicted.
(32) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.
(((25))) (33) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.
(((26))) (34) "Serious traffic offense" means:
(a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.
(((27))) (35) "Serious violent offense" is a subcategory of violent offense and means:
(a) Murder in the first degree, homicide by abuse, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.
(((28))) (36) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.
(((29))) (37) "Sex offense" means:
(a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;
(b) A felony with a finding of sexual motivation under RCW 9.94A.127; or
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
(((30))) (38) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
(((31))) (39) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(((32))) (40) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.
(41) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.
(((33))) (42) "Violent offense" means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, robbery in the second degree, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.
(((34))) (43) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. ((The civic improvement tasks shall be performed on public property or on private property owned or operated by nonprofit entities, except that, for emergency purposes only, work crews may perform snow removal on any private property.)) The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (((29))) (37) of this section are not eligible for the work crew program.
(((35))) (44) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the costs of corrections by requiring offenders to complete a comprehensive array of job and vocational experiences, character-building work ethics training, life management skills development, drug rehabilitation, counseling, literacy training, and basic adult education.
(45) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.
(((36) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance. Home detention may not be imposed for offenders convicted of a violent offense, any sex offense, any drug offense, reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050, assault in the third degree as defined in RCW 9A.36.031, assault of a child in the third degree, unlawful imprisonment as defined in RCW 9A.40.040, or harassment as defined in RCW 9A.46.020. Home detention may be imposed for offenders convicted of possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403) if the offender fulfills the participation conditions set forth in this subsection and is monitored for drug use by treatment alternatives to street crime (TASC) or a comparable court or agency-referred program.
(a) Home detention may be imposed for offenders convicted of burglary in the second degree as defined in RCW 9A.52.030 or residential burglary conditioned upon the offender: (i) Successfully completing twenty-one days in a work release program, (ii) having no convictions for burglary in the second degree or residential burglary during the preceding two years and not more than two prior convictions for burglary or residential burglary, (iii) having no convictions for a violent felony offense during the preceding two years and not more than two prior convictions for a violent felony offense, (iv) having no prior charges of escape, and (v) fulfilling the other conditions of the home detention program.
(b) Participation in a home detention program shall be conditioned upon: (i) The offender obtaining or maintaining current employment or attending a regular course of school study at regularly defined hours, or the offender performing parental duties to offspring or minors normally in the custody of the offender, (ii) abiding by the rules of the home detention program, and (iii) compliance with court-ordered legal financial obligations. The home detention program may also be made available to offenders whose charges and convictions do not otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under the home detention program, or where the health and welfare of the offender, other inmates, or staff would be jeopardized by the offender's incarceration. Participation in the home detention program for medical or health-related reasons is conditioned on the offender abiding by the rules of the home detention program and complying with court-ordered restitution.))
Sec. 3. RCW 9.94A.120 and 1992 c 145 s 7, 1992 c 75 s 2, and 1992 c 45 s 5 are each reenacted and 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), (4), (5), ((and)) (6), (7), and (9) of this section and section 16 of this act, 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) A persistent offender shall be sentenced to a term of total confinement for the statutory maximum for the offense, but if the statutory maximum for the offense is life imprisonment, then to a term of ninety-nine years. 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 or assault of a child 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 five years, and shall not be eligible for furlough, work release or other authorized leave of absence from the correctional facility during such minimum five-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 with a sentence range of more than ninety days 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)) one year((s)) 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)) one year((s)), 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 prior to any change in the offender's address or employment;
(e) Report as directed to the court and a community corrections officer; or
(f) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work.
(6)(a) When sentencing an offender who is not a violent offender or a sex offender and whose presumptive sentence is twelve months or less, the court shall first determine if it is appropriate that such sentence be served primarily or exclusively under one or more of the sentencing options set forth in (c) of this subsection. If the court determines that a period of total confinement is appropriate in order to adequately punish the offender and to serve the best interest of society, the court shall order total confinement for the minimum time necessary to carry out the goals of this chapter.
(b) To impose a sentence consisting of sentencing options, the court shall determine the standard range for the offender and then convert that amount of total confinement as is necessary into the sentencing options the court finds appropriate for the offender. Sentencing options that are imposed under this section may be used in any combination and may also be combined with total confinement. Conversions of total confinement to sentencing options shall be clearly indicated on the judgment and sentence.
(c) Sentencing options available to a court include:
(i) Approved adult education;
(ii) Approved vocational-technical training;
(iii) Community service;
(iv) Day fines;
(v) Day reporting;
(vi) Drug or alcohol monitoring;
(vii) Home detention;
(viii) Inpatient treatment;
(ix) Outpatient treatment;
(x) Partial confinement;
(xi) Work crews;
(xii) Work release; and
(xiii) Any other nonincarcerative option that is consistent with the purposes of this chapter.
(d) An offender may also be placed on a term of community supervision not to exceed one year. At any time after the successful completion of sentencing options and other conditions imposed, the offender or the department may petition the court to terminate community supervision.
(7)(a) An offender is eligible for the special drug offender sentencing alternative if:
(i) The offender is convicted of the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in schedule I or II that is a narcotic drug and the violation does not involve a sentence enhancement under RCW 9.94A.310(3);
(ii) The offender has no prior convictions for a felony in this state, another state, or the United States;
(iii) The offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance.
(b) If the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, the offender must be involved in substance abuse treatment provided by the department. No more than three months of the sentence may be served in a work release status. The court shall also impose one year of community custody that must include crime-related prohibitions, a condition to not use illegal controlled substances, and to submit to urinalysis or other testing to monitor that status. The department may require the offender to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court may impose any of the following conditions:
(i) Devote time to a specific employment or training;
(ii) Participate in outpatient substance abuse treatment;
(iii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;
(iv) Report as directed to a community corrections officer;
(v) Pay all court-ordered legal financial obligations;
(vi) Perform community service work;
(vii) Pay a day fine;
(viii) Stay out of areas designated by the sentencing judge;
(ix) Undergo day supervision.
(c) If the offender violates any of the sentence conditions in (b) of this subsection, the department shall impose sanctions administratively, with notice to the prosecuting attorney and the sentencing court. Upon motion of the court or the prosecuting attorney, a violation hearing shall be held by the court. If the court finds that conditions have been willfully violated, the court may impose confinement consisting of the remaining one-half of the midpoint of the standard range. All total confinement served during the period of community custody shall be credited to the offender, regardless of whether the total confinement is served as a result of the original sentence, as a result of a sanction imposed by the department of corrections, or as a result of a violation found by the court.
(d) If a sentencing judge has sentenced an offender pursuant to the special drug offender sentencing alternative, the offender is not eligible for placement in a work ethic camp as provided in section 21 of this act. The department shall establish one work ethic camp as provided in section 20 of this act.
(8) 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, a term of community supervision not to exceed one year, and/or other legal financial obligations. All or any part of the confinement may be converted to community service, work crew, work release, home detention, day reporting, day fine, or education or training, at the rates provided in RCW 9.94A.380. 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))) (9)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex 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.
The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.
The examiner shall assess and report regarding the defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(A) Frequency and type of contact between offender and therapist;
(B) Specific issues to be addressed in the treatment and description of planned treatment modalities;
(C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;
(D) Anticipated length of treatment; and
(E) Recommended crime-related prohibitions.
The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.
(ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sexual offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eight years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:
(A) The court shall place the defendant on community supervision for the length of the suspended sentence or three years, whichever is greater; and
(B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions 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) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;
(III) Report as directed to the court and a community corrections officer;
(IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community service work, or any combination thereof; or
(V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime.
(iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing.
(iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community supervision, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community supervision.
(v) The court may revoke the suspended sentence at any time during the period of community supervision and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community supervision shall be credited to the offender if the suspended sentence is revoked.
(vi) Except as provided in (a)(vii) of this subsection, after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW.
(vii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (((7))) (9) does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (((7))) (9) and the rules adopted by the department of health.
For purposes of this subsection, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.
(b) When an offender is convicted of any felony sex offense committed before July 1, 1987, 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 social and health services for evaluation and report to the court on the offender's amenability to treatment at these facilities. If the secretary 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 program at the location determined by the secretary of social and health services or the secretary's designee, only if the report indicates that the offender is amenable to the treatment program provided at these facilities. The offender shall be transferred to the state pending placement in the treatment program. Any offender who has escaped from the treatment program shall be referred back to the sentencing court.
If the offender does not comply with the conditions of the treatment program, the secretary of social and health services may refer the matter to the sentencing court. The sentencing court shall commit the offender to the department of corrections to serve the balance of the term of confinement.
If the offender successfully completes the treatment program before the expiration of the 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 prior to 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 community supervision, the court may order the offender to serve out the balance of the community supervision term in confinement in the custody of the department of corrections.
After June 30, 1993, this subsection (b) shall cease to have effect.
(c) When an offender commits any felony sex offense on or after July 1, 1987, 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, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.
Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to 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 prior to 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 or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections.
Nothing in (c) of this subsection shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (c) does not apply to any crime committed after July 1, 1990.
(d) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds.
(((8))) (10)(a) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) or (7) of this section, committed on or after July 1, 1988, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement ((beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence)).
(b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or serious violent offense committed on or after July 1, 1990, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer.
(c) When a court sentences a person to a term of total confinement to the custody of the department of corrections for vehicular homicide or vehicular assault committed after June 30, 1993, and the person has been found pursuant to RCW 46.61.524 to have an alcohol or drug problem, the court shall in addition to other terms of the sentence, sentence the offender to community placement for one year or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. In ordering community placement under this subsection (10)(c), the court shall waive all conditions of community placement except the following:
(i) The offender shall abstain from alcohol and nonprescribed controlled substances;
(ii) The offender shall complete any treatment program and comply with any other requirement under RCW 46.61.524;
(iii) The offender shall comply with any legal financial obligations imposed by the court;
(iv) The offender shall pay supervision fees as determined by the department of corrections; and
(v) The offender shall report to and be available for contact with the assigned community corrections officer as directed.
(d) The community placement under this subsection (10) shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection (10) to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:
(i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;
(ii) The offender shall work at department of corrections-approved education, employment, and/or community service;
(iii) The offender shall not consume controlled substances except pursuant to lawfully issued prescriptions;
(iv) An offender in community custody shall not unlawfully possess controlled substances;
(v) The offender shall pay supervision fees as determined by the department of corrections; and
(vi) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement.
(((c))) (e) The court may also order any of the following special conditions:
(i) The offender shall remain within, or outside of, a specified geographical boundary;
(ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;
(iii) The offender shall participate in crime-related treatment or counseling services;
(iv) The offender shall not consume alcohol; or
(v) The offender shall comply with any crime-related prohibitions.
(((d))) (f) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections.
(((9))) (11) 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.
(((10))) (12) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.
(((11))) (13) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision or community placement which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.
(((12))) (14) All offenders sentenced to terms involving community supervision, community service, community placement, or legal financial obligation shall be under the supervision of the secretary of the department of corrections or such person as the secretary may designate and shall follow explicitly the instructions of the secretary including reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment.
(((13))) (15) All offenders sentenced to terms involving community supervision, community service, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.
(((14))) (16) 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.
(((15))) (17) 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).
(((16))) (18) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.
(((17))) (19) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement.
(((18))) (20) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.
(((19))) (21) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations.
Sec. 4. RCW 9.94A.040 and 1986 c 257 s 18 are each amended to read as follows:
(1) A sentencing guidelines commission is established as an agency of state government.
(2) The commission shall, following a public hearing or hearings:
(a) Devise a series of recommended standard sentence ranges for all felony 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.
(3) 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.
(4) In devising the standard sentence ranges of total and partial confinement under this section, the commission is subject to the following limitations:
(a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;
(b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range; and
(c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.020.
(5) ((In carrying out its duties under subsection (2) 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.
(6) ((This)) The commission shall biennially 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)) the standard sentence ranges 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 sentence((s)) ranges which shall be consistent with such capacity.
(7) 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.))
(8) The sentencing reform act has been in effect since July 1, 1984, and several modifications to sentences have occurred. The sentencing guidelines commission shall reevaluate the proportionality and fairness of sentences contained in RCW 9.94A.120, as well as practical workability of sentences and ranges. The commission shall develop recommendations on alternative punishments to total confinement for nonviolent offenders. The commission shall evaluate the impact of revisions to RCW 9.94A.120 (6) and (7). The commission shall submit preliminary findings to the legislature by December 1, 1994, and shall submit the final report to the legislature by December 1, 1995. The report shall describe the changes in sentencing practices related to the use of alternatives to total confinement for nonviolent offenders and include the impact of sentencing alternatives on state prisons and county jail population, the savings in state and local resources, and the impact on recidivism rates. The commission shall establish a baseline for evaluating recidivism of all felony offenders whether under the jurisdiction of the department or counties.
(9) The commission shall study the existing criminal code and from time to time make recommendations to the legislature for modification.
(((9))) (10) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW, as now existing or hereafter amended.
Sec. 5. RCW 9.94A.190 and 1991 c 181 s 5 are each amended to read as follows:
(1) A sentence that includes a term or terms of confinement totaling more than one year shall be served in a facility or institution operated, or utilized under contract, by the state. Except as provided for in subsection (3) or (4) of this section, a sentence of not more than one year of confinement shall be served in a facility operated, licensed, or utilized under contract, by the county, or if home detention or work crew has been ordered by the court, in the residence of either the defendant or a member of the defendant's immediate family.
(2) If a county uses a state partial confinement facility for the partial confinement of a person sentenced to confinement for not more than one year, the county shall reimburse the state for the use of the facility as provided for in this subsection. The office of financial management shall set the rate of reimbursement based upon the average per diem cost per offender in the facility. The office of financial management shall determine to what extent, if any, reimbursement shall be reduced or eliminated because of funds provided by the legislature to the department of corrections for the purpose of covering the cost of county use of state partial confinement facilities. The office of financial management shall reestablish reimbursement rates each even-numbered year.
(3) A person who is sentenced for a felony to a term of not more than one year, and who is committed or returned to incarceration in a state facility on another felony conviction, either under the indeterminate sentencing laws, chapter 9.95 RCW, or under this chapter shall serve all terms of confinement, including a sentence of not more than one year, in a facility or institution operated, or utilized under contract, by the state, consistent with the provisions of RCW 9.94A.400.
(4) For sentences imposed pursuant to RCW 9.94A.120(7) which have a sentence range of over one year, notwithstanding any other provision of this section, all such sentences regardless of length shall be served in a facility or institution operated, or utilized under contract, by the state.
Sec. 6. RCW 9.94A.200 and 1989 c 252 s 7 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)). The court may (i) convert a term of partial confinement to total confinement, (ii) convert community service obligation to total or partial confinement, ((or)) (iii) convert monetary obligations, except restitution and the crime victim penalty assessment, to community service hours at the rate of the state minimum wage as established in RCW 49.46.020 for each hour of community service, or (iv) convert to other sentencing alternatives as authorized in RCW 9.94A.380. 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 legal financial obligations and regarding community service obligations.
(3) Nothing in this section prohibits the filing of escape charges if appropriate.
Sec. 7. RCW 9.94A.320 and 1992 c 145 s 4 and 1992 c 75 s 3 are each reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XV Aggravated Murder 1 (RCW 10.95.020)
XIV Murder 1 (RCW 9A.32.030)
Homicide by Abuse (RCW 9A.32.055)
XIII Murder 2 (RCW 9A.32.050)
XII Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
XI Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
X Kidnapping 1 (RCW 9A.40.020)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Child Molestation 1 (RCW 9A.44.083)
Damaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))
Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)
Leading Organized Crime (RCW 9A.82.060(1)(a))
IX Assault of a Child 2 (RCW 9A.36.130)
Robbery 1 (RCW 9A.56.200)
Manslaughter 1 (RCW 9A.32.060)
Explosive devices prohibited (RCW 70.74.180)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Endangering life and property by explosives with threat to human being (RCW 70.74.270)
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
Controlled Substance Homicide (RCW 69.50.415)
Sexual Exploitation (RCW 9.68A.040)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b)
VIII Arson 1 (RCW 9A.48.020)
Promoting Prostitution 1 (RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug or by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
Introducing Contraband 1 (RCW 9A.76.140)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Involving a minor in drug dealing (RCW 69.50.401(f))
VI Bribery (RCW 9A.68.010)
Manslaughter 2 (RCW 9A.32.070)
Rape of a Child 3 (RCW 9A.44.079)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Damaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))
Endangering life and property by explosives with no threat to human being (RCW 70.74.270)
Incest 1 (RCW 9A.64.020(1))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))
Intimidating a Judge (RCW 9A.72.160)
Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
Money Laundering, with attempt to conceal or avoid reporting (RCW 9A.83.020(1)(b) and (c))
V Criminal Mistreatment 1 (RCW 9A.42.020)
Rape 3 (RCW 9A.44.060)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Child Molestation 3 (RCW 9A.44.089)
Kidnapping 2 (RCW 9A.40.030)
Extortion 1 (RCW 9A.56.120)
Incest 2 (RCW 9A.64.020(2))
Perjury 1 (RCW 9A.72.020)
Extortionate Extension of Credit (RCW 9A.82.020)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
IV Residential Burglary (RCW 9A.52.025)
Theft of Livestock 1 (RCW 9A.56.080)
Robbery 2 (RCW 9A.56.210)
Assault 2 (RCW 9A.36.021)
Escape 1 (RCW 9A.76.110)
Arson 2 (RCW 9A.48.030)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Malicious Harassment (RCW 9A.36.080)
Threats to Bomb (RCW 9.61.160)
Willful Failure to Return from Furlough (RCW 72.66.060)
Hit and Run — Injury Accident (RCW 46.52.020(4))
Vehicular Assault (RCW 46.61.522)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1) (ii) through (iv))
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
Money Laundering, Spending (RCW 9A.83.020(1)(a))
III Criminal Mistreatment 2 (RCW 9A.42.030)
Extortion 2 (RCW 9A.56.130)
Unlawful Imprisonment (RCW 9A.40.040)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Custodial Assault (RCW 9A.36.100)
Unlawful possession of firearm or pistol by felon (RCW 9.41.040)
Harassment (RCW 9A.46.020)
Promoting Prostitution 2 (RCW 9A.88.080)
Willful Failure to Return from Work Release (RCW 72.65.070)
Burglary 2 (RCW 9A.52.030)
Introducing Contraband 2 (RCW 9A.76.150)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Escape 2 (RCW 9A.76.120)
Perjury 2 (RCW 9A.72.030)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Intimidating a Public Servant (RCW 9A.76.180)
Tampering with a Witness (RCW 9A.72.120)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))
Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Theft of Livestock 2 (RCW 9A.56.080)
Securities Act violation (RCW 21.20.400)
II Malicious Mischief 1 (RCW 9A.48.070)
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Motor Vehicle Theft (section 10 of this act)
Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
Computer Trespass 1 (RCW 9A.52.110)
Reckless Endangerment 1 (RCW 9A.36.045)
Escape from Community Custody (RCW 72.09.310)
I Theft 2 (RCW 9A.56.040)
Possession of Stolen Property 2 (RCW 9A.56.160)
Forgery (RCW 9A.60.020)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Vehicle Prowl 1 (RCW 9A.52.095)
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
Malicious Mischief 2 (RCW 9A.48.080)
Reckless Burning 1 (RCW 9A.48.040)
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Possess controlled substance that is a narcotic from Schedule III, IV, or V or non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))
Sec. 8. RCW 9.94A.360 and 1992 c 145 s 10 and 1992 c 75 s 4 are each reenacted and amended to read as follows:
The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:
The offender score is the sum of points accrued under this section rounded down to the nearest whole number.
(1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.400.
(2) Except as provided in subsection (4) of this section, class A and sex prior felony convictions shall always be included in the offender score. Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without being convicted of any felonies. Class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without being convicted of any felonies. Serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without being convicted of any serious traffic or felony traffic offenses. This subsection applies to both adult and juvenile prior convictions.
(3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law.
(4) Always include juvenile convictions for sex offenses. Include other class A juvenile felonies only if the offender was 15 or older at the time the juvenile offense was committed. Include other class B and C juvenile felony convictions only if the offender was 15 or older at the time the juvenile 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.
(5) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.
(6) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:
(a) Prior adult offenses which were found, under RCW 9.94A.400(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently whether those offenses shall be counted as one offense or as separate offenses, and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used;
(b) Juvenile prior convictions entered or sentenced on the same date shall count as one offense, the offense that yields the highest offender score, except for juvenile prior convictions for violent offenses with separate victims, which shall count as separate offenses; and
(c) In the case of multiple prior convictions for offenses committed before July 1, 1986, 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. Use the conviction for the offense that yields the highest offender score.
(7) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense.
(8) If the present conviction is for a nonviolent offense and not covered by subsection (12) or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and 1/2 point for each juvenile prior nonviolent felony conviction.
(9) If the present conviction is for a violent offense and not covered in subsection (10), (11), (12), or (13) 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.
(10) If the present conviction is for Murder 1 or 2, Assault 1, Assault of a Child 1, Kidnaping 1, Homicide by Abuse, 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.
(11) If the present conviction is for Burglary 1, count prior convictions as in subsection (9) of this section; however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction.
(12) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense or serious traffic offense, count one point for each adult and 1/2 point for each juvenile prior conviction.
(13) If the present conviction is for a drug offense count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (9) of this section if the current drug offense is violent, or as in subsection (8) of this section if the current drug offense is nonviolent.
(14) If the present conviction is for Willful Failure to Return from Furlough, RCW 72.66.060, Willful Failure to Return from Work Release, RCW 72.65.070, or Escape from Community Custody, RCW 72.09.310, 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.
(15) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as 1/2 point.
(16) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (8) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 or residential burglary conviction, and one point for each juvenile prior Burglary 2 or residential burglary conviction.
(17) If the present conviction is for a sex offense, count priors as in subsections (8) through (16) of this section; however count three points for each adult and juvenile prior sex offense conviction.
(18) If the present conviction is for an offense committed while the offender was under community placement, add one point.
(19) If the present conviction is for motor vehicle theft, count two points for each prior adult conviction for motor vehicle theft, and one point for each juvenile prior conviction for motor vehicle theft.
Sec. 9. RCW 9.94A.380 and 1988 c 157 s 4 and 1988 c 155 s 3 are each reenacted and amended to read as follows:
(1) Alternatives to total confinement are available for offenders with sentences of one year or less. These alternatives include the following sentence conditions that the court may order as substitutes for total confinement: (((1))) (a) One day of partial confinement may be substituted for one day of total confinement; (((2))) (b) in addition, for offenders convicted of nonviolent offenses only, eight hours of community service may be substituted for one day of total confinement, with a maximum conversion limit of two hundred forty hours or thirty days. Community service hours must be completed within the period of community supervision or a time period specified by the court, which shall not exceed twenty-four months, pursuant to a schedule determined by the department.
For sentences of nonviolent offenders for one year or less, the court shall consider and give priority to available alternatives to total confinement and shall state its reasons in writing on the judgment and sentence form if the alternatives are not used.
Offenders sentenced under RCW 9.94A.120(6)(a) to a term of one year or less may be sentenced to authorized sentencing options as provided in RCW 9.94A.120(6)(a).
(2) "Authorized sentencing options" means:
(a) Partial confinement as defined in RCW 9.94A.030 at the rate of one day of partial confinement for one day of total confinement;
(b) Community service as defined in RCW 9.94A.030 at the rate of eight hours of community service for one day of total confinement;
(c) Work crew as defined in RCW 9.94A.030 at the rate of seven hours of work crew for one day of total confinement;
(d) Work release as defined in RCW 9.94A.030 at the rate of one day of work release for one day of total confinement;
(e) Home detention as defined in RCW 9.94A.030 at the rate of one day of home detention for one day of total confinement;
(f) Day reporting as defined in RCW 9.94A.030 at the rate of two days of day reporting for one day of total confinement;
(g) Drug or alcohol monitoring as defined in RCW 9.94A.030 at the rate of five days of drug or alcohol monitoring for one day of total confinement;
(h) Inpatient treatment as defined in RCW 9.94A.030 at the rate of one day of inpatient treatment for one day of total confinement;
(i) Day fine as defined in RCW 9.94A.030 at the rate of one day of day fine for one day of total confinement;
(j) Education or training as defined in RCW 9.94A.030 at the rate of five hours of education or training for one day of total confinement; or
(k) Outpatient treatment as defined in RCW 9.94A.030 at the rate of two days of outpatient treatment for one day of total confinement.
(3) Sentencing alternatives must be completed within the time period specified by the court, pursuant to a schedule determined by the department.
(4) Options under subsection (2) of this section may also be imposed by the court as sanctions resulting from violations of sentence requirements.
(5) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the sentencing guidelines commission.
NEW SECTION. Sec. 10. A new section is added to chapter 9A.56 RCW to read as follows:
(1) A person is guilty of motor vehicle theft if the person commits theft of a motor vehicle, regardless of its value.
(2) Motor vehicle theft is a class B felony.
Sec. 11. RCW 9A.56.040 and 1987 c 140 s 2 are each amended to read as follows:
(1) A person is guilty of theft in the second degree if he or she commits theft of:
(a) Property or services which exceed(s) two hundred and fifty dollars in value, but does not exceed one thousand five hundred dollars in value; or
(b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or
(c) An access device; or
(d) ((A motor vehicle, of a value less than one thousand five hundred dollars; or
(e))) A firearm, of a value less than one thousand five hundred dollars.
(2) Theft in the second degree is a class C felony.
NEW SECTION. Sec. 12. A new section is added to chapter 72.09 RCW to read as follows:
(1) The department in conjunction with the office of financial management shall establish a pool of funding for grants to counties for offender placements in alternative sentences to incarceration as enumerated in RCW 9.94A.380.
(2) The department in conjunction with the office of financial management shall develop guidelines and criteria for counties to develop plans for alternative sentence placements. The guidelines and criteria shall be reviewed by the partnership advisory committee appointed by the secretary pursuant to RCW 72.09.300(7). Guidelines, criteria, and rules necessary for counties to follow during the grant application process shall be in effect by October 1, 1993. Counties may make application immediately thereafter. The plans shall be: (a) Reviewed as part of the local criminal justice planning process under RCW 72.09.300, and (b) approved by the county legislative authority or county executive, prior to submittal to the office of financial management. Plans may represent a single county or a combination of counties. Plans developed by counties shall contain estimates of funding for planning, implementation, or enhancement of alternative placements to incarceration. In addition, plans shall include the target offender population, the strategies to be employed through sentencing alternatives to reduce jail populations, and procedures to evaluate the impact of sentencing alternatives on jail populations. Units of local government may develop and operate sentencing alternatives, or contract with profit or nonprofit organizations, or contract with the department to provide sentencing alternatives.
(3) Proposed plans for alternative sentences to incarceration shall be reviewed and approved by the office of financial management in conjunction with the department. Alternatives provided cooperatively by multiple jurisdictions shall receive funding priority. State funding for approved plans shall be provided from funds appropriated to the department for the purpose of implementing alternative sentences and shall be expended solely for the support of alternative sentences to incarceration. State funding provided in section 28, chapter ..., Laws of 1993 (section 28 of this act), shall not supplant existing funds currently expended by counties for alternative sentences to incarceration.
(4) The office of financial management and the department after review and approval of alternative sentencing plans submitted by counties and no later than October 1, 1994, shall report to the partnership advisory committee established in RCW 72.09.300(7) on the quality of the plans, implementation issues, policy issues with state-wide implications, and any other information necessary to strengthen the alternative sentencing efforts of local governments in the state of Washington. The office of financial management or the department shall make available copies of the alternative sentencing plans to the partnership advisory committee upon request of the committee. The partnership advisory committee is encouraged to advise the office of financial management and the department on matters concerning alternative sentences and other criminal justice issues. The secretary shall convene the partnership advisory committee as required to provide reasonable discussion between the state and local governments concerning the implementation and operations of alternative sentences at the local level.
(5) A single county or combination of counties may elect to have the department, the Washington association of sheriffs and police chiefs, or other units of government provide technical assistance to organize, develop, and/or implement alternative sentencing placements to incarceration on their behalf. The department shall submit the plan to the office of financial management for review. Counties with an unincorporated population over twenty thousand that request technical assistance from the department shall reimburse the department for costs incurred in the development of alternative sentencing plans.
(6) Counties shall be eligible for grants of up to seventy-five percent of the costs identified in the approved plan. Counties shall be responsible for funding twenty-five percent of the costs identified in the approved plan. Counties are encouraged to pursue fines, fees, and recoveries from offenders who participate in these sentencing alternatives as an off-set to their twenty-five percent share.
NEW SECTION. Sec. 13. (1) The Washington council on justice policy is hereby established. The council shall consist of twenty-four members appointed by the governor. Membership shall include:
(a) One representative of city governments;
(b) One representative of county governments;
(c) One representative of sheriffs and police;
(d) One representative of jail managers;
(e) One representative of criminal defense attorneys;
(f) One representative of prosecuting attorneys;
(g) One representative of the judiciary;
(h) One representative of juvenile court administrators;
(i) One representative of community providers for juvenile offenders;
(j) Two representatives of business;
(k) Two representatives of labor;
(l) One representative of higher education;
(m) One representative of common schools;
(n) One representative from crime victims' organizations;
(o) Six legislators, two from each of the majority caucuses in the house of representatives and senate, and one from each of the minority caucuses in the house of representatives and senate; and
(p) Two citizen representatives, one from eastern Washington and one from western Washington.
(2) Nonlegislative members may receive reimbursement for travel under RCW 43.03.050 and 43.03.060. Legislative members may be reimbursed under RCW 41.04.300.
(3) Administrative and staff support of the council shall be determined by the office of the governor.
(4) The council shall review and evaluate the state's long-range strategy regarding criminal justice policies. The scope of deliberations shall include, but not be limited to, crime prevention, juvenile and adult criminal justice, substance abuse and treatment, and criminal justice information reporting. The council shall consult with state and local entities involved in the criminal justice system such as the sentencing guidelines commission, the juvenile disposition standards board, the office of financial management, the administrator for the courts, the Washington state association of counties, the Washington state association of county officials, the association of Washington cities, the public defenders association, and the Washington association of sheriffs and police chiefs, and may consult with other organizations involved with or that have an interest in criminal justice programs or services, as required.
(5) The council shall report to the governor and the legislature by January 15, 1995. The council shall expire July 1, 1995.
NEW SECTION. Sec. 14. A new section is added to chapter 72.02
RCW to read as follows:
The secretary shall review the classification structure for establishing the custody levels of inmates in state correctional facilities. The review shall take place every three years beginning in 1993. As part of the review, the secretary shall seek technical assistance from the national institute of corrections. The national institute of corrections is encouraged to evaluate and provide written comments regarding the classification structure for the appropriate placement of inmates in state correctional facilities. The secretary shall report on the inmate classification system to the house of representatives committee on corrections and the senate committee on law and justice, every third legislative session beginning with the 1997 legislature.
Sec. 15. RCW 9.94A.160 and 1984 c 246 s 1 are each amended to read as follows:
If the governor finds that an emergency exists in that the population of a state residential correctional facility exceeds its reasonable, maximum capacity, then the governor may ((do any one or more of the following:
(1))) call the sentencing guidelines commission into an emergency meeting for the purpose of evaluating the standard ranges and other standards, and adopting sentencing adjustments that will reduce the inmate population to reasonable maximum capacity. Sentence adjustments shall be restricted to offenders who are not violent offenders or sex offenders, shall not exceed four months, and shall be effective at the end of the term of confinement. The commission may adopt any revision or amendment to the standard ranges or other standards that it believes appropriate to deal with the emergency situation. The sentencing adjustments and any revision or amendment to the standard ranges or other standards shall be adopted in conformity with chapter 34.05 RCW and shall take effect on the date prescribed by the commission. The legislature shall approve or modify the commission's sentencing adjustments, revision, or amendment at the next legislative session after the sentencing adjustments, revision, or amendment takes effect. Failure of the legislature to act shall be deemed as approval of the sentencing adjustments, revision, or amendment((;
(2) If the emergency occurs prior to July 1, 1988, call the board of prison terms and paroles into an emergency meeting for the purpose of evaluating its guidelines and procedures for release of prisoners under its jurisdiction. The board shall adopt guidelines for the reduction of inmate population to be used in the event the governor calls the board into an emergency meeting under this section. The board shall not, under this subsection, reduce the prison term of an inmate serving a mandatory minimum term under RCW 9.95.040, an inmate confined for treason, an inmate confined for any violent offense as defined by RCW 9.94A.030, or an inmate who has been found to be a sexual psychopath under chapter 71.06 RCW. In establishing these guidelines, the board shall give priority to sentence reductions for inmates confined for nonviolent offenses, inmates who are within six months of a scheduled parole, and inmates with the best records of conduct during confinement. The board shall consider the public safety, the detrimental effect of overcrowding upon inmate rehabilitation, and the best allocation of limited correctional facility resources. Guidelines adopted under this subsection shall be submitted to the senate institutions and house of representatives social and health services committees for their review. This subsection does not require the board to reduce inmate population to or below any certain number. The board may also take any other action authorized by law to modify the terms of prisoners under its jurisdiction;
(3) Call the clemency and pardons board into an emergency meeting for the purpose of recommending whether the governor's commutation or pardon power should be exercised to meet the present emergency)).
NEW SECTION. Sec. 16. A new section is added to chapter 9.94A RCW to read as follows:
(1) A person convicted of a sexually violent offense shall be sentenced to a term of total confinement of life imprisonment without the possibility of release, community custody, or parole if the court finds beyond a reasonable doubt, at a special sentencing proceeding following conviction, that the person is a sexually violent predator. The court shall not impose a sentence less than life imprisonment without the possibility of release, community custody, or parole unless the court finds that mitigating circumstances exist which warrant a lesser sentence pursuant to RCW 9.94A.390, in which case the court shall impose a determinate sentence which in no case shall be less than a determinate term within the standard range for the offense.
(2) If a person is charged with a sexually violent offense the prosecutor shall file written notice if the prosecutor intends to ask the court to find that the defendant is a sexually violent predator and to sentence the defendant to life imprisonment without the possibility of release, community custody, or parole. The prosecutor shall serve the defendant and the defendant's attorney with the notice within thirty days after the defendant's arraignment on the charge. Except with the consent of the prosecutor, during the period in which the prosecutor may file the notice of the special sentencing proceeding, the defendant may not tender a plea of guilty to the sexually violent offense nor may the court accept a plea of guilty to the charge. If the notice of the special sentencing proceeding is not filed and served as provided in this subsection, the prosecutor may not seek and the court may not make a finding that the defendant is a sexually violent predator. A defendant who is convicted of a sexually violent offense but is not found to be a sexually violent predator shall be sentenced according to the remaining provisions of this chapter.
(3) The following definitions apply throughout this section:
(a) "Sexually violent predator" means any person who has been convicted of a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence.
(b) "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to the commission of criminal sexual acts in a degree constituting such person a menace to the health and safety of others.
(c) "Predatory" means acts directed towards strangers or individuals with whom a relationship has been established or promoted for the primary purpose of victimization.
(d) "Sexually violent offense" means an act committed on or after the effective date of this section, that is: (i) An act defined in Title 9A RCW as rape in the first degree, rape in the second degree by forcible compulsion, rape of a child in the first or second degree, statutory rape in the first or second degree, indecent liberties by forcible compulsion, indecent liberties against a child under age fourteen, incest against a child under age fourteen, or child molestation in the first or second degree; or (ii) an act of murder in the first or second degree, assault in the first or second degree, assault of a child in the first or second degree, kidnapping in the fist or second degree, burglary in the first degree, residential burglary, or unlawful imprisonment, which has been determined beyond a reasonable doubt to have been sexually motivated, as that term is defined in RCW 9.94A.030; or (iii) an act as described in chapter 9A.28 RCW, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the felonies designated in (d) (i) or (ii) of this subsection.
Sec. 17. RCW 9A.20.021 and 1982 c 192 s 10 are each amended to read as follows:
(1) Felony. No person convicted of a classified felony shall be punished by confinement or fine exceeding the following:
(a) For a class A felony, by confinement in a state correctional institution for a term of life imprisonment, or by a fine in an amount fixed by the court of fifty thousand dollars, or by both such confinement and fine;
(b) For a class B felony, by confinement in a state correctional institution for a term of ten years, or by a fine in an amount fixed by the court of twenty thousand dollars, or by both such confinement and fine;
(c) For a class C felony, by confinement in a state correctional institution for five years, or by a fine in an amount fixed by the court of ten thousand dollars, or by both such confinement and fine;
(d) For a class A, B, or C felony that is classified as a sexually violent offense as defined in section 16 of this act, by confinement in a state correctional facility for a term of life imprisonment without release, community custody, or parole. The court may also impose a fine in an amount fixed by the court of fifty thousand dollars. This subsection applies only to those sexually violent offenses committed on or after the effective date of this section.
(2) Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.
(3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.
(4) This section applies to only those crimes committed on or after July 1, 1984.
Sec. 18. RCW 9.94A.150 and 1992 c 145 s 8 are each amended to read as follows:
No person serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:
(1) Except as otherwise provided for in subsection (2) of this section, the term of the sentence of an offender committed to a correctional facility operated by the department, may be reduced by earned early release time in accordance with procedures that shall be developed and promulgated by the correctional agency having jurisdiction in which the offender is confined. The earned early release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned early release credits in advance of the offender actually earning the credits. Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department of corrections, the county jail facility shall certify to the department the amount of time spent in custody at the facility and the amount of earned early release time. In the case of an offender convicted of a serious violent offense or a sex offense that is a class A felony committed on or after July 1, 1990, the aggregate earned early release time may not exceed fifteen percent of the sentence. In no other case shall the aggregate earned early release time exceed one-third of the total sentence;
(2) A person convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, assault of a child in the second degree, vehicular homicide, vehicular assault, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned early release time pursuant to subsection (1) of this section;
(3) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, offenders may leave a correctional facility when in the custody of a corrections officer or officers;
(4) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;
(5) No more than the final six months of the sentence may be served in partial confinement designed to aid the offender in finding work and reestablishing him or herself in the community;
(6) The governor may pardon any offender;
(7) The department of corrections may release an offender from confinement any time within ten days before a release date calculated under this section; and
(8) An offender may leave a correctional facility prior to completion of his sentence if the sentence has been reduced as provided in RCW 9.94A.160.
NEW SECTION. Sec. 19. The legislature finds that high crime rates and a heightened sense of vulnerability have led to increased public pressure on criminal justice officials to increase offender punishment and remove the most dangerous criminals from the streets. As a result, there is unprecedented growth in the corrections populations and overcrowding of prisons and local jails. Skyrocketing costs and high rates of recidivism have become issues of major public concern. Attention must be directed towards implementing a long-range corrections strategy that focuses on inmate responsibility through intensive work ethic training.
The legislature finds that many offenders lack basic life skills and have been largely unaffected by traditional correctional philosophies and programs. In addition, many first-time offenders who enter the prison system learn more about how to be criminals than the important qualities, values, and skills needed to successfully adapt to a life without crime.
The legislature finds that opportunities for offenders to improve themselves are extremely limited and there has not been adequate emphasis on alternatives to total confinement for nonviolent offenders.
The legislature finds that the explosion of drug crimes since the inception of the sentencing reform act and the response of the criminal justice system have resulted in a much higher proportion of substance abuse-affected offenders in the state's prisons and jails. The needs of this population differ from those of other offenders and present a great challenge to the system. The problems are exacerbated by the shortage of drug treatment and counseling programs both in and outside of prisons.
The legislature finds that the concept of a work ethic camp that requires the offender to complete an appropriate and balanced combination of highly structured and goal-oriented work programs such as correctional industries based work camps and/or class I and class II work projects, drug rehabilitation, and intensive life management work ethic training, can successfully reduce offender recidivism and lower the overall cost of incarceration.
It is the purpose and intent of sections 19 through 23 of this act to implement a regimented work ethic camp that is designed to directly address the high rate of recidivism, reduce upwardly spiraling prison costs, preserve scarce and high cost prison space for the most dangerous offenders, and provide judges with a tough and sound alternative to traditional incarceration without compromising public safety.
NEW SECTION. Sec. 20. The department of corrections shall establish one work ethic camp. The secretary shall locate the work ethic camp within an already existing department compound or facility, or in a facility that is scheduled to come on line within the initial implementation date outlined in this section. The facility selected for the camp shall appropriately accommodate the logistical and cost-effective objectives contained in sections 19 through 23 of this section. The department shall be ready to assign inmates to the camp one hundred twenty days after the effective date of this section. The department shall establish the work ethic camp program cycle to last from one hundred twenty to one hundred eighty days. The department shall develop all aspects of the work ethic camp program including, but not limited to, program standards, conduct standards, educational components including general education development test achievement, offender incentives, drug rehabilitation program parameters, individual and team work goals, techniques for improving the offender's self-esteem, citizenship skills for successful living in the community, measures to hold the offender accountable for his or her behavior, and the successful completion of the work ethic camp program granted to the offender based on successful attendance, participation, and performance as defined by the secretary. The work ethic camp shall be designed and implemented so that offenders are continually engaged in meaningful activities and unstructured time is kept to a minimum. In addition, the department is encouraged to explore the integration and overlay of a military style approach to the work ethic camp.
NEW SECTION. Sec. 21. A new section is added to chapter 9.94A RCW to read as follows:
(1) An offender is eligible to be sentenced to a work ethic camp if the offender:
(a) Is sentenced to a term of total confinement of not less than twenty-two months or more than thirty-six months;
(b) Is between the ages of eighteen and twenty-eight years; and
(c) Has no current or prior convictions for any sex offenses or violent offenses.
(2) If the sentencing judge determines that the offender is eligible for the work ethic camp and is likely to qualify under subsection (3) of this section, the judge shall impose a sentence within the standard range and may recommend that the offender serve the sentence at a work ethic camp. The sentence shall provide that if the offender successfully completes the program, the department shall convert the period of work ethic camp confinement at the rate of one day of work ethic camp confinement to three days of total standard confinement. The court shall also provide that upon completion of the work ethic camp program, the offender shall be released on community custody for any remaining time of total confinement.
(3) The department shall place the offender in the work ethic camp program, subject to capacity, unless the department determines that the offender has physical or mental impairments that would prevent participation and completion of the program, or the offender refuses to agree to the terms and conditions of the program.
(4) An inmate who fails to complete the work ethic camp program, who is administratively terminated from the program, or who otherwise violates any conditions of supervision, as defined by the department, shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing judge and shall be subject to all rules relating to earned early release time.
(5) The length of the work ethic camp program shall be at least one hundred twenty days and not more than one hundred eighty days. Because of the conversion ratio, earned early release time shall not accrue to offenders who successfully complete the program.
(6) During the last two weeks prior to release from the work ethic camp program the department shall provide the offender with comprehensive transition training.
NEW SECTION. Sec. 22. The work ethic camp shall employ one hundred percent of all inmates. The employment options available for inmates shall include meaningful work opportunities that provide the offender with real-world skills that help the offender find employment when he or she successfully completes the work ethic camp program. The department shall include in the work ethic camp program, without limitation, class I, class II, and class IV correctional programs. No more than thirty-five percent of the total inmate population in the facility shall be employed in class III correctional industries programs in the first year and thereafter ten percent less per year until a maximum of ten percent of the inmates are working in this employment class. In addition, work options shall also include department-supervised work crews as defined by the department. These work crews shall have the ability to work on public roads conducting litter control, minor emergency repair or other minor tasks that do not negatively impact employment opportunities for people with developmental disabilities contracted through the operation of sheltered workshops as defined in RCW 82.04.385, or have a negative impact on the local labor market or local business community as assessed by the department correctional industries advisory board of directors. The department shall establish, to the extent possible, programs that will positively impact our natural environment such as, but not limited to, recycling programs and minor environmental cleanup programs. If the department is directed by the legislature to increase the percentage of inmates employed in correctional industries programs, inmates employed through work ethic camps shall not be counted towards this total percentage.
NEW SECTION. Sec. 23. The work ethic camp program established in sections 19 through 23 of this act shall be considered a pilot alternative incarceration program and remain in effect until July 1, 1998. The department and the office of financial management shall monitor and analyze the effectiveness of the incarceration program and complete a final outcome evaluation study by January 15, 1998. The study shall include: The recidivism rates of successful program graduates, analysis of the overall program costs, the ability to maintain public safety, and any other pertinent data established by the department. The department may encourage interested universities to participate in studies that will enhance the effectiveness of the program.
The department of corrections shall seek the availability of federal funds for the planning, implementation, evaluation, and training of staff for work ethic camp programs, substance abuse programs, and offender education programs.
NEW SECTION. Sec. 24. Sections 19 through 23 of this act are each added to chapter 72.09 RCW.
NEW SECTION. Sec. 25. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 26. Sections 16 and 17 of this act shall not take effect unless the Washington state supreme court in a final decision holds that civil commitment of sexually violent predators under chapter 71.09 RCW is unconstitutional. If the Washington state supreme court holds in a final decision that civil commitment of sexually violent predators under chapter 71.09 RCW is unconstitutional, sections 16 and 17 of this act shall take effect on the date that the Washington state supreme court issues its final decision. Sections 16 and 17 of this act shall apply to all sexually violent crimes committed on or after the effective date of sections 16 and 17 of this act.
NEW SECTION. Sec. 27. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993, except for sections 16 and 17 of this act, which shall take effect pursuant to section 26 of this act.
NEW SECTION. Sec. 28. The sum of two million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending July 1, 1995, from the state general fund to the department of corrections for the purposes of section 12 of this act. Expenditure of each three dollars from this appropriation shall be matched by at least one dollar from other funding sources available to counties."
Representative Vance moved the adoption of the following amendment to the amendment:
On page 1, beginning on line 24 of the amendment, after "time" strike "or imposed pursuant to RCW 9.94A.120(7)"
On page 11, beginning on line 1 of the amendment, after "(5)," strike all material through "(9)" on line 2, and insert "(6), and (((7))) (8)"
On page 13, beginning on line 11 of the amendment, after "(7)" strike all material through "(8)" on page 14, line 29
On page 20, line 17 of the amendment, after "(6)" strike "or (7)"
On page 26, line 8 of the amendment, after "(6)" strike "and (7)"
On page 26, beginning on line 23 of the amendment, strike all of section 5
Representatives Vance and Padden spoke in favor of adoption of the amendment and Representatives Morris, Riley and Long spoke against it.
A division was called. The Speaker called upon the House to divide. The result of the division was 33-YEAS; 65-NAYS. The amendment was not adopted.
Representative Ballasiotes moved the adoption of the following amendment to the amendment:
On page 6, line 39, after "degree" insert ", or of assault of a child in the second degree, robbery in the first degree, indecent liberties, sexual exploitation, arson in the first degree, or burglary in the first degree"
On page 7, line 4, after "above" insert "or would be assault of a child in the second degree, robbery in the first degree, indecent liberties, sexual exploitation, arson in the first degree, or burglary in the first degree,"
On page 7, line 23, after "above" insert "or of assault of a child in the second degree, robbery in the first degree, indecent liberties, sexual exploitation, arson in the first degree, or burglary in the first degree,"
Representatives Ballasiotes, Padden and Campbell spoke in favor of adoption of the amendment and Representatives R. Meyers, Riley and Morris spoke against it.
Representative Ballasiotes again spoke in favor of adoption of the amendment and Representative R. Meyers again spoke against it.
Representative Vance demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 6, beginning on line 39, of the amendment to Engrossed Second Substitute Senate Bill No. 5451 and the amendment was adopted by the following vote: Yeas - 75, Nays - 22, Absent - 0, Excused - 1.
Voting yea: Representatives Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Conway, Cooke, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Horn, Jacobsen, Johanson, Johnson, R., Jones, Karahalios, Kessler, King, Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morton, Myers, H., Orr, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thomas, Valle, Vance, Van Luven, Wood and Zellinsky - 75.
Voting nay: Representatives Anderson, Appelwick, Cole, G., Cothern, Fisher, G., Holm, Johnson, L., Kohl, J., Leonard, Morris, Ogden, Peery, Riley, Rust, Scott, Sommers, Thibaudeau, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 22.
Excused: Representative Dellwo - 1.
Representative Tate moved the adoption of the following amendment to the amendment:
On page 7, line 30, after "degree," insert "robbery in the first degree when the personal property taken by the person is a motor vehicle,"
On page 8, line 33, after "degree" insert "whether or not the personal property taken by the person is a motor vehicle"
On page 28, after line 27, insert the following:
"Robbery 1 when the personal property taken by the person is a motor vehicle (RCW 9A.56.200)"
On page 29, line 4, after "Robbery 1" insert "except when the personal property taken by the person is a motor vehicle"
On page 31, after line 5, insert the following:
"Robbery 2 when the personal property taken by the person is a motor vehicle (RCW 9A.56.210)"
On page 31, line 26, after "Robbery 2" insert "except when the personal property taken by the person is a motor vehicle"
Representative Tate spoke in favor of adoption of the amendment and Representatives Morris, Riley and Dunshee spoke against it.
On motion of Representative J. Kohl, Representative Dellwo was excused.
Representative Tate again spoke in favor of the amendment.
Representative Schoesler demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 7, line 30, of the amendment to Engrossed Second Substitute Senate Bill No. 5451 and the amendment was adopted by the following vote: Yeas - 55, Nays - 42, Absent - 0, Excused - 1.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Conway, Cooke, Dyer, Edmondson, Eide, Finkbeiner, Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Horn, Johanson, Kessler, Kremen, Lisk, Long, Mastin, Mielke, Miller, Morton, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thomas, Vance, Van Luven, Wood and Zellinsky - 55.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Cole, G., Cothern, Dorn, Dunshee, Fisher, G., Fisher, R., Heavey, Holm, Jacobsen, Johnson, L., Johnson, R., Jones, Karahalios, King, Kohl, J., Lemmon, Leonard, Linville, Locke, Ludwig, Meyers, R., Morris, Myers, H., Ogden, Orr, Peery, Riley, Romero, Rust, Scott, Sommers, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 42.
Excused: Representative Dellwo - 1.
Representative Tate moved the adoption of the following amendment to the amendment:
On page 9, line 21, after "program" insert "patterned after the training received in a United States military boot camp or other state's criminal offender military-style boot camp program that is shown to be successful, and"
On page 50, line 11, strike "is encouraged to explore" and insert "shall ensure"
Representatives Tate, Carlson, Padden, Dyer and Van Luven spoke in favor of adoption of the amendment and Representatives Morris, Heavey, Lemmon, G. Cole, Pruitt and Long spoke against it.
Representative Zellinsky demanded the previous question and the demand was sustained.
Representative Reams demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 9, line 21, of the amendment to Engrossed Second Substitute Senate Bill No. 5451 and the amendment was adopted by the following vote: Yeas - 39, Nays - 58, Absent - 0, Excused - 1.
Voting yea: Representatives Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Dorn, Dyer, Edmondson, Flemming, Foreman, Forner, Fuhrman, Horn, Kremen, Lisk, Mastin, Mielke, Miller, Morton, Padden, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven, Wood and Zellinsky - 39.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Cole, G., Conway, Cothern, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Locke, Long, Ludwig, Meyers, R., Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 58.
Excused: Representative Dellwo - 1.
Representative Vance moved the adoption of the following amendment to the amendment:
On page 9, after line 30, insert the following:
"(46) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, that has as one of its primary activities the commission of a criminal act or acts."
On page 39, after line 12, insert the following section:
"Sec. 10. RCW 9.94A.390 and 1990 c 3 s 603 are each amended to read as follows:
If the sentencing court finds that an exceptional sentence outside the standard range should be imposed in accordance with RCW 9.94A.120(2), the sentence is subject to review only as provided for in RCW 9.94A.210(4).
The following are illustrative factors which the court may consider in the exercise of its discretion to impose an exceptional sentence. The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.
(1) Mitigating Circumstances
(a) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.
(b) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.
(c) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.
(d) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.
(e) The defendant's capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law, was significantly impaired (voluntary use of drugs or alcohol is excluded).
(f) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.
(g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010.
(h) The defendant or the defendant's children suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to that abuse.
(2) Aggravating Circumstances
(a) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim.
(b) The defendant knew or should have known that the victim of the current offense was particularly vulnerable or incapable of resistance due to extreme youth, advanced age, disability, or ill health.
(c) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:
(i) The current offense involved multiple victims or multiple incidents per victim;
(ii) The current offense involved attempted or actual monetary loss substantially greater than typical for the offense;
(iii) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time;
(iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.
(d) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition: The presence of ANY of the following may identify a current offense as a major VUCSA:
(i) The current offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so; or
(ii) The current offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use; or
(iii) The current offense involved the manufacture of controlled substances for use by other parties; or
(iv) The circumstances of the current offense reveal the offender to have occupied a high position in the drug distribution hierarchy; or
(v) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time or involved a broad geographic area of disbursement; or
(vi) The offender used his or her position or status to facilitate the commission of the current offense, including positions of trust, confidence or fiduciary responsibility (e.g., pharmacist, physician, or other medical professional)((; or)).
(e) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.127((;)).
(f) The offense was part of an ongoing pattern of sexual abuse of the same victim under the age of eighteen years manifested by multiple incidents over a prolonged period of time((; or)).
(g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW 9.94A.010.
(h) The offense was committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in RCW 9.94A.030, with the specific intent to promote, further, or assist in any criminal conduct by gang members."
Representatives Vance, Morris, Lisk and Ludwig spoke in favor of adoption of the amendment and Representatives Wineberry, Dunshee, Brown, Riley and Heavey spoke against it.
Representative Vance again spoke in favor of the amendment.
Representative Vance yielded to a question by Representative Brown.
Representative Brown: Thank you, this question is something that just occurred to me. I had decided how I was going vote on this amendment and then I had a question in my mind as I reread the definition of criminal street gang and I'm wondering if you could tell me if an organization, for example an organization like Operation Rescue which has as one of its primary activities blocking health clinics, which is a crime, is that a criminal street gang under this definition?
Representative Vance: Representative Brown, I'll answer by saying that perhaps under the wildest, broadest interpretation of the definition something like that may be possible, but underlying our entire criminal justice system as I understand it is something called prosecutorial discretion where prosecutors choose how and when to apply the law. I think that would cover us under those improbable circumstances.
Representative Kremen demanded the previous question. The demand was sustained.
Representative Sheahan demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 9, after line 30, of the amendment to Engrossed Second Substitute Senate Bill No. 5451 and the amendment was adopted by the following vote: Yeas - 63, Nays - 34, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Ballard, Ballasiotes, Bray, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Dorn, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Flemming, Foreman, Forner, Fuhrman, Horn, Johanson, Johnson, L., Johnson, R., King, Kremen, Lemmon, Lisk, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Orr, Padden, Patterson, Pruitt, Quall, Rayburn, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Shin, Silver, Stevens, Talcott, Tate, Thomas, Vance, Van Luven, Veloria, Wood, Zellinsky and Mr. Speaker - 63.
Voting nay: Representatives Anderson, Basich, Brown, Cole, G., Conway, Cothern, Dunshee, Fisher, R., Grant, Hansen, Heavey, Holm, Jacobsen, Jones, Karahalios, Kessler, Kohl, J., Leonard, Linville, Locke, Ogden, Peery, Riley, Roland, Romero, Rust, Scott, Sommers, Springer, Thibaudeau, Valle, Wang, Wineberry and Wolfe - 34.
Excused: Representative Dellwo - 1.
Representative Morris moved the adoption of the following amendment to the amendment:
On page 25, line 17 of the amendment, after "(5)" strike all material down to and including "capacity.))" on line 38 and insert the following:
"In carrying out its duties under subsection (2) 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.
(6) This commission shall conduct a study to determine the capacity of correctional facilities and programs that 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.
(7) 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."
Representatives Morris and Long spoke in favor of adoption of the amendment and it was adopted.
Representative Vance moved the adoption of the following amendment to the amendment:
On page 28, after line 11, insert the following:
"Sec. 7. RCW 9.94A.310 and 1992 c 145 s 9 are each amended to read as follows:
(1) TABLE 1
Sentencing Grid
SERIOUSNESS
SCORE OFFENDER SCORE
9 or
0 1 2 3 4 5 6 7 8 more
XV Life Sentence without Parole/Death Penalty
XIV 23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m 36y 40y
240- 250- 261- 271- 281- 291- 312- 338- 370- 411-
320 333 347 361 374 388 416 450 493 548
XIII 12y 13y 14y 15y 16y 17y 19y 21y 25y 29y
123- 134- 144- 154- 165- 175- 195- 216- 257- 298-
164 178 192 205 219 233 260 288 342 397
XII 9y 9y11m 10y9m 11y8m 12y6m 13y5m 15y9m 17y3m 20y3m 23y3m
93- 102- 111- 120- 129- 138- 162- 178- 209- 240-
123 136 147 160 171 184 216 236 277 318
XI 7y6m 8y4m 9y2m 9y11m 10y9m 11y7m 14y2m 15y5m 17y11m 20y5m
78- 86- 95- 102- 111- 120- 146- 159- 185- 210-
102 114 125 136 147 158 194 211 245 280
X 5y 5y6m 6y 6y6m 7y 7y6m 9y6m 10y6m 12y6m 14y6m
51- 57- 62- 67- 72- 77- 98- 108- 129- 149-
68 75 82 89 96 102 130 144 171 198
IX 3y 3y6m 4y 4y6m 5y 5y6m 7y6m 8y6m 10y6m 12y6m
31- 36- 41- 46- 51- 57- 77- 87- 108- 129-
41 48 54 61 68 75 102 116 144 171
VIII 2y 2y6m 3y 3y6m 4y 4y6m 6y6m 7y6m 8y6m 10y6m
21- 26- 31- 36- 41- 46- 67- 77- 87- 108-
27 34 41 48 54 61 89 102 116 144
VII 18m 2y 2y6m 3y 3y6m 4y 5y6m 6y6m 7y6m 8y6m
15- 21- 26- 31- 36- 41- 57- 67- 77- 87-
20 27 34 41 48 54 75 89 102 116
VI 13m 18m 2y 2y6m 3y 3y6m 4y6m 5y6m 6y6m 7y6m
12+- 15- 21- 26- 31- 36- 46- 57- 67- 77-
14 20 27 34 41 48 61 75 89 102
V 9m 13m 15m 18m 2y2m 3y2m 4y 5y 6y 7y
6- 12+- 13- 15- 22- 33- 41- 51- 62- 72-
12 14 17 20 29 43 54 68 82 96
IV 6m 9m 13m 15m 18m 2y2m 3y2m 4y2m 5y2m 6y2m
3- 6- 12+- 13- 15- 22- 33- 43- 53- 63-
9 12 14 17 20 29 43 57 70 84
III 2m 5m 8m 11m 14m 20m 2y2m 3y2m 4y2m 5y
1- 3- 4- 9- 12+- 17- 22- 33- 43- 51-
3 8 12 12 16 22 29 43 57 68
II 4m 6m 8m 13m 16m 20m 2y2m 3y2m 4y2m
0-90 2- 3- 4- 12+- 14- 17- 22- 33- 43-
Days 6 9 12 14 18 22 29 43 57
I 3m 4m 5m 8m 13m 16m 20m 2y2m
0-60 0-90 2- 2- 3- 4- 12+- 14- 17- 22-
Days Days 5 6 8 12 14 18 22 29
NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.
(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.
(3) The following additional times shall be added to the presumptive sentence if the offender or an accomplice was armed with a deadly weapon as defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice was armed with a deadly weapon and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive range determined under subsection (2) of this section:
(a) 24 months for Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), or Kidnapping 1 (RCW 9A.40.020), but if the offense was committed with a firearm, the 24-month time period may be increased up to 36 months;
(b) 18 months for Burglary 1 (RCW 9A.52.020), but if the offense was committed with a firearm, the 18-month time period may be increased up to 30 months;
(c) 12 months for Assault 2 (RCW 9A.36.020 or 9A.36.021), Assault of a Child 2 (RCW 9A.36.130), Escape 1 (RCW 9A.76.110), Kidnapping 2 (RCW 9A.40.030), Burglary 2 of a building other than a dwelling (RCW 9A.52.030), Theft of Livestock 1 or 2 (RCW 9A.56.080), or any drug offense, but if the offense was committed with a firearm, the 12-month time period may be increased up to 18 months.
(4) If the offender committed an offense listed in subsection (3)(a) through (c) of this section while the offender or an accomplice was armed with a firearm, and the offender had a prior conviction for an offense committed with a firearm, then the following times may be added to the presumptive range determined under subsection (2) of this section:
(a) For a second conviction for an offense committed while armed with a firearm, up to 60 months;
(b) For a third or subsequent conviction for an offense committed while armed with a firearm, up to 84 months.
(5) If an offender or an accomplice was armed with a firearm and fired upon a law enforcement officer while resisting arrest under RCW 9A.76.040, up to 60 months may be added to the presumptive sentence.
(6) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive sentence range determined under subsection (2) of this section:
(a) Eighteen months for offenses committed under RCW 69.50.401(a)(1)(i) or 69.50.410;
(b) Fifteen months for offenses committed under RCW 69.50.401(a)(1)(ii), (iii), and (iv);
(c) Twelve months for offenses committed under RCW 69.50.401(d).
For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.
(((5))) (7) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435.
Sec. 8. RCW 9.94A.370 and 1989 c 124 s 2 are each amended to read as follows:
(1) The intersection of the column defined by the offender score and the row defined by the offense seriousness score determines the presumptive sentencing range (see RCW 9.94A.310, (Table 1)). The additional time for deadly weapon findings or for ((those offenses)) other circumstances enumerated in RCW 9.94A.310(((4) that were committed in a state correctional facility or county jail)) (3) through (7) shall be added to the entire presumptive sentence range. The court may impose any sentence within the range that it deems appropriate. All presumptive sentence ranges are expressed in terms of total confinement.
(2) In determining any sentence, the trial court may rely on no more information than is admitted by the plea agreement, or admitted, acknowledged, or proved in a trial or at the time of sentencing. Acknowledgement includes not objecting to information stated in the presentence reports. Where the defendant disputes material facts, the court must either not consider the fact or grant an evidentiary hearing on the point. The facts shall be deemed proved at the hearing by a preponderance of the evidence. Facts that establish the elements of a more serious crime or additional crimes may not be used to go outside the presumptive sentence range except upon stipulation or when specifically provided for in RCW 9.94A.390(2) (c), (d), and (e)."
Representatives Vance, Van Luven, Chappell and Long spoke in favor of adoption of the amendment and Representatives Dunshee and Ogden spoke against it.
On motion of Representative J. Kohl, Representative Leonard was excused.
Representative Fuhrman demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 28, after line 11, of the amendment to Engrossed Second Substitute Senate Bill No. 5451 and the amendment was adopted by the following vote: Yeas - 88, Nays - 8, Absent - 0, Excused - 2.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Conway, Cooke, Cothern, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Flemming, Foreman, Forner, Fuhrman, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Mielke, Miller, Morris, Morton, Myers, H., Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, Valle, Vance, Van Luven, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 88.
Voting nay: Representatives Cole, G., Fisher, R., Grant, Meyers, R., Ogden, Romero, Thibaudeau and Veloria - 8.
Excused: Representatives Dellwo and Leonard - 2.
With the consent of the House, Representative Padden withdrew amendment number 712.
Representative Morris moved adoption of the following amendment to the amendment:
On page 37, line 35 of the amendment, after "less." insert " Alternatives to total confinement are also available to offenders with sentences of more than one year when the alternatives ae imposed pursuant to subsection (4) of this section."
Representative Morris spoke in favor of adoption of the amendment and it was adopted.
Representative Van Luven moved adoption of the following amendment to the amendment:
On page 43, line 13, strike section 15.
Representatives Van Luven, Morris, Vance and Padden spoke in favor of adoption of the amendment and Representative Morris spoke against it.
Representative Van Luven again spoke in favor of the amendment.
On motion of Representative J. Kohl, Representative Flemming was excused.
Representative R. Meyers demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment on page 43, after line 13 of the amendment to Engrossed Second Substitute Senate Bill No. 5451 and the amendment was not adopted by the following vote: Yeas - 15, Nays - 80, Absent - 0, Excused - 3.
Voting yea: Representatives Ballasiotes, Casada, Dyer, Fuhrman, Lisk, Mielke, Padden, Reams, Schoesler, Sheahan, Stevens, Tate, Vance, Van Luven and Wood - 15.
Voting nay: Representatives Anderson, Appelwick, Ballard, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Foreman, Forner, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Locke, Long, Ludwig, Mastin, Meyers, R., Miller, Morris, Morton, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Riley, Roland, Romero, Rust, Schmidt, Scott, Sehlin, Sheldon, Shin, Silver, Sommers, Springer, Talcott, Thibaudeau, Thomas, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 80.
Excused: Representatives Dellwo, Flemming and Leonard - 3.
Representative Mielke moved adoption of the following amendment to the amendment:
On page 48, after line 21, insert the following:
"Sec. 19. RCW 9.95.070 and 1955 c 133 s 8 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, every prisoner who has a favorable record of conduct at the penitentiary or the reformatory, and who performs in a faithful, diligent, industrious, orderly and peaceable manner the work, duties, and tasks assigned to him or her to the satisfaction of the superintendent of the penitentiary or reformatory, and in whose behalf the superintendent of the penitentiary or reformatory files a report certifying that his or her conduct and work have been meritorious and recommending allowance of time credits to him or her, shall upon, but not until, the adoption of such recommendation by the indeterminate sentence review board ((of prison terms and paroles)), be allowed time credit reductions from the term of imprisonment fixed by the indeterminate sentence review board ((of prison terms and paroles)).
(2)(a) Every person sentenced to a correctional institution under the jurisdiction of the department of corrections shall be making satisfactory progress towards completing a high school education, achieve an equivalent score on the general educational development test, or be actively enrolled in a similar educational program or adult basic education program approved by the department of corrections before any earned time credits may be used to reduce the person's term of total confinement. This applies only if educational programs are available for inmate enrollment.
(b) This subsection does not apply to any person who already has a high school diploma or achieved an equivalent score on the general educational development test, is serving life in prison without parole, or is determined by the director of education programs within the department of corrections to be incapable of completing the educational program. A person may be determined to be incapable due to one of the following reasons only:
(i) The person has a chronic mental deficiency;
(ii) The person is considered mentally retarded;
(iii) A physical or mental disability makes participation in the educational program impossible.
(c) Failure to complete the requirements of this subsection (2) may not be used as the basis for extending a person's original term of confinement.
(d) This subsection (2) may not be used to control inmate population levels.
Sec. 20. RCW 72.09.130 and 1981 c 136 s 17 are each amended to read as follows:
(1) The department shall adopt a system providing incentives for good conduct and disincentives for poor conduct. The system may include increases or decreases in the degree of liberty granted the inmate within the programs operated by the department and recommended increases or decreases in the number of earned early release days that an inmate can earn for good conduct and good performance. Earned early release days shall be recommended by the department as a form of tangible reward for accomplishment. The system shall be fair, measurable, and understandable to offenders, staff, and the public. At least once in each twelve-month period, the department shall inform the offender in writing as to his or her conduct and performance. This written evaluation shall include reasons for awarding or not awarding recommended earned early release days for good conduct and good performance. The term "good performance" as used in this section means successfully performing a work, work training, or educational task to levels of expectation as specified in writing by the department. The term "good conduct" as used in this section refers to compliance with department rules.
Within one year after July 1, 1981, the department shall adopt, and provide a written description of, the system. The department shall provide a copy of this description to each offender in its custody.
(2)(a) The system adopted pursuant to this section shall provide that every person sentenced to a correctional institution under the jurisdiction of the department of corrections shall be making satisfactory progress towards completing a high school education, achieve an equivalent score on the general educational development test, or be actively enrolled in a similar educational program or adult basic education program approved by the department of corrections before any earned early release time may be used to reduce the person's term of total confinement. This applies only for those inmates who do not already have a high school diploma or have not achieved an equivalent score on the general educational development test, and only if educational programs are available for inmate enrollment.
(b) This subsection does not apply to any person serving a life sentence without parole or who is determined by the director of education programs within the department of corrections to be incapable of participating in the educational program. A person may be determined to be incapable due to one of the following reasons only:
(i) The person has a chronic mental deficiency;
(ii) The person is considered mentally retarded;
(iii) A physical or mental disability makes participation in the educational program impossible.
(c) Failure to complete the requirements of this subsection (2) may not be used as the basis for extending a person's original term of confinement.
(d) This subsection (2) may not be used to control inmate population levels.
Sec. 21. RCW 72.09.100 and 1992 c 123 s 1 are each amended to read as follows:
It is the intent of the legislature to vest in the department the power to provide for a comprehensive inmate work program and to remove statutory and other restrictions which have limited work programs in the past. The department shall not allow inmates to participate in class I, II, or IV work programs unless they have completed a high school education, have achieved an equivalent score on the general educational development test, or are currently enrolled and making satisfactory progress in a similar educational program approved by the department, and if such educational programs are available. In the event that an inmate's educational program schedule is in conflict with the inmate's class I, II, or IV work program schedule, the inmate may be allowed to continue his or her work program schedule and shall be responsible for identifying and scheduling another time when the educational program schedule can be accommodated without being in conflict with his or her work program schedule. For purposes of establishing such a comprehensive program, the legislature recommends that the department consider adopting any or all, or any variation of, the following classes of work programs:
(1) CLASS I: FREE VENTURE INDUSTRIES. The employer model industries in this class shall be operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the organization and the department. The organization shall produce goods or services for sale to both the public and private sector.
The customer model industries in this class shall be operated and managed by the department to provide Washington state manufacturers or businesses with products or services currently produced or provided by out-of-state or foreign suppliers. The correctional industries board of directors shall review these proposed industries before the department contracts to provide such products or services. The review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community and labor market.
The department of corrections shall supply appropriate security and custody services without charge to the participating firms.
Inmates who work in free venture industries shall do so at their own choice. They shall be paid a wage comparable to the wage paid for work of a similar nature in the locality in which the industry is located, as determined by the director of correctional industries. If the director cannot reasonably determine the comparable wage, then the pay shall not be less than the federal minimum wage.
(2) CLASS II: TAX REDUCTION INDUSTRIES. Industries in this class shall be state-owned and operated enterprises designed to reduce the costs for goods and services for tax-supported agencies and for nonprofit organizations. The industries selected for development within this class shall, as much as possible, match the available pool of inmate work skills and aptitudes with the work opportunities in the free community. The industries shall be closely patterned after private sector industries but with the objective of reducing public support costs rather than making a profit. The products and services of this industry, including purchased products and services necessary for a complete product line, may be sold to public agencies, to nonprofit organizations, and to private contractors when the goods purchased will be ultimately used by a public agency or a nonprofit organization. Clothing manufactured by an industry in this class may be donated to nonprofit organizations that provide clothing free of charge to low-income persons. Correctional industries products and services shall be reviewed by the correctional industries board of directors before offering such products and services for sale to private contractors. The board of directors shall conduct a yearly marketing review of the products and services offered under this subsection. Such review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community. To avoid waste or spoilage and consequent loss to the state, when there is no public sector market for such goods, byproducts and surpluses of timber, agricultural, and animal husbandry enterprises may be sold to private persons, at private sale. Surplus byproducts and surpluses of timber, agricultural and animal husbandry enterprises that cannot be sold to public agencies or to private persons may be donated to nonprofit organizations. All sales of surplus products shall be carried out in accordance with rules prescribed by the secretary.
Security and custody services shall be provided without charge by the department of corrections.
Inmates working in this class of industries shall do so at their own choice and shall be paid for their work on a gratuity scale which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located and which is approved by the director of correctional industries.
(3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to accomplish the following objectives:
(a) Whenever possible, to provide basic work training and experience so that the inmate will be able to qualify for better work both within correctional industries and the free community. It is not intended that an inmate's work within this class of industries should be his or her final and total work experience as an inmate.
(b) Whenever possible, to provide forty hours of work or work training per week.
(c) Whenever possible, to offset tax and other public support costs.
Supervising, management, and custody staff shall be employees of the department.
All able and eligible inmates who are assigned work and who are not working in other classes of industries shall work in this class.
Except for inmates who work in work training programs, inmates in this class shall be paid for their work in accordance with an inmate gratuity scale. The scale shall be adopted by the secretary of corrections.
(4) CLASS IV: COMMUNITY WORK INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to provide services in the inmate's resident community at a reduced cost. The services shall be provided to public agencies, to persons who are poor or infirm, or to nonprofit organizations.
Inmates in this program shall reside in facilities owned by, contracted for, or licensed by the department of corrections. A unit of local government shall provide work supervision services without charge to the state and shall pay the inmate's wage.
The department of corrections shall reimburse participating units of local government for liability and workers compensation insurance costs.
Inmates who work in this class of industries shall do so at their own choice and shall receive a gratuity which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located.
(5) CLASS V: COMMUNITY SERVICE PROGRAMS. Programs in this class shall be subject to supervision by the department of corrections. The purpose of this class of industries is to enable an offender, placed on community supervision, to work off all or part of a community service order as ordered by the sentencing court.
Employment shall be in a community service program operated by the state, local units of government, or a nonprofit agency.
To the extent that funds are specifically made available for such purposes, the department of corrections shall reimburse nonprofit agencies for workers compensation insurance costs.
NEW SECTION. Sec. 22. Sections 19, 20 and 21 of this act apply prospectively only and shall not affect time credits, early release time, or other "good time" earned before the effective date of this act. Sections 19, 20 and 21 of this act shall not apply to offenders who have already received a high school diploma or achieved an equivalent score on the general educational development test or offenders sentenced to life imprisonment without parole."
Representatives Mielke and R. Meyers spoke in favor of adoption of the amendment and Representative Riley spoke against it.
Representative Mielke again spoke in favor of the amendment.
Representative Mielke yielded to a question by Representative R. Meyers.
Representative R. Meyers: Representative Mielke, I didn't get the bill number that you asked about, so let me ask is this the same bill that Representative Romero sponsored this year?
Representative Mielke: The gentleman from the 26th district, I'm not sure about that, I have not read that legislation, all I know is that this is House Bill No. 1962 that I introduced in the past two legislative sessions in which you were a co-sponsor.
Representative Romero yielded to a question by Representative R. Meyers.
Representative R. Meyers: Representative Romero, is this your piece of legislation from earlier this year or something remarkably similar.
Representative Romero: It is, with the exceptions of some computer training language in there.
The amendment was adopted.
The amendment as amended was adopted.
On motion of Representative Sheldon, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker (Representative Appelwick presiding) stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 5451.
Representatives Morris, Chappell, Long, Vance, R. Meyers and Foreman spoke in favor of final passage of the bill as amended by the House.
Representative Morris again spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5451, as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 1, Absent - 0, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dorn, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Locke, Long, Ludwig, Mastin, Meyers, R., Mielke, Miller, Morris, Morton, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, Valle, Vance, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Voting nay: Representative Dyer - 1.
Excused: Representatives Dellwo, Flemming and Leonard - 3.
Engrossed Second Substitute Senate Bill No. 5451, as amended by the House, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Sheldon, the House adjourned until 10:00 a.m., Saturday April 24, 1993.
BRIAN EBERSOLE, Speaker
ALAN THOMPSON, Chief Clerk