WSR 09-21-108

PERMANENT RULES

SENTENCING GUIDELINES COMMISSION


[ Filed October 21, 2009, 11:10 a.m. , effective November 21, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Updating WAC 437-20-010 to show that this section has been superseded by the passage of ESSB 5288 (chapter 375, Laws of 2009) in which community custody ranges have been changed to a fixed period of time with other conditions.

Citation of Existing Rules Affected by this Order: Amending WAC 437-20-010.

Statutory Authority for Adoption: RCW 9.94A.850, and the commission's rule-making authority under chapter 34.05 RCW.

Adopted under notice filed as WSR 09-17-082 on August 17, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 9, 2009.

Jean Soliz-Conklin

Executive Director

OTS-2173.2


AMENDATORY SECTION(Amending WSR 00-11-052, filed 5/12/00, effective 7/1/00)

WAC 437-20-010   Community custody ranges.*  


COMMUNITY CUSTODY RANGES

Offense Type Community Custody Range
Sex Offenses (Not sentenced under RCW 9.94A.120(8)) 36 to 48 months
Serious Violent Offenses 24 to 48 months
Violent Offenses 18 to 36 months
Crimes Against Persons (As defined in RCW 9.94A.440(2)) 9 to 18 months
Offenses under chapter 69.50 or 69.52 RCW (Not sentenced under RCW 9.94A.120(6)) 9 to 12 months

The ranges specified in this section are not intended to affect or limit the authority to impose exceptional community custody ranges, either above or below the standard community custody range as authorized by RCW 9.94A.120(2) and pursuant to guidelines specified in RCW 9.94A.390. The community custody range for offenders with multiple convictions must be based on the offense that dictates the longest term of community custody. The community custody range for offenders convicted of an offense that falls into more than one of the five categories of offense types listed in this section must be based on the offense type that dictates the longest term of community custody.

*This section has been superseded by section 5, chapter 235, Laws of 2009. Community custody ranges have been changed to a fixed period of time with other conditions. Please refer to RCW 9.94A.701.

[Statutory Authority: RCW 9.94A.040(6) (rule-making authority under chapter 34.05 RCW). 00-11-052, 437-20-010, filed 5/12/00, effective 7/1/00.]

Washington State Code Reviser's Office