H-4149.2          _______________________________________________

                                  HOUSE BILL 2834

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Representatives Hargrove, Riley, Leonard, Dellwo, Appelwick and Basich

Read first time 01/29/92.  Referred to Committee on Human Services.Providing sentencing alternatives for offenders.

     AN ACT Relating to criminal sentencing; amending RCW 9.94A.150, 9.94A.180, 9.94A.205, 9.94A.210, 9.94A.310, 9.94A.370, 9.94A.410, 9.94A.440, 9A.20.021, 72.09.070, and 72.09.080; reenacting and amending RCW 9.94A.030 and 9.94A.120; adding a new section to chapter 72.09 RCW; creating new sections; adding a new chapter to Title 9 RCW; repealing RCW 9.95.001, 9.95.0011, 9.95.003, 9.95.005, 9.95.007, 9.95.009, 9.95.010, 9.95.011, 9.95.013, 9.95.015, 9.95.017, 9.95.020, 9.95.028, 9.95.030, 9.95.031, 9.95.032, 9.95.040, 9.95.052, 9.95.055, 9.95.060, 9.95.062, 9.95.063, 9.95.064, 9.95.070, 9.95.080, 9.95.090, 9.95.100, 9.95.110, 9.95.115, 9.95.116, 9.95.120, 9.95.121, 9.95.122, 9.95.123, 9.95.124, 9.95.125, 9.95.126, 9.95.130, 9.95.140, 9.95.145, 9.95.150, 9.95.160, 9.95.170, 9.95.190, 9.95.200, 9.95.210, 9.95.220, 9.95.230, 9.95.240, 9.95.250, 9.95.260, 9.95.265, 9.95.270, 9.95.280, 9.95.290, 9.95.300, 9.95.310, 9.95.320, 9.95.330, 9.95.340, 9.95.350, 9.95.360, 9.95.370, 9.95.900, 9.96.050, 72.04A.050, 72.04A.070, 72.04A.080, 72.04A.090, 72.04A.120, and 72.04A.900; prescribing penalties; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1.      The legislature finds that crowded prisons are clearly one of the most pressing problems facing the criminal justice system today.  Even the most conservative estimates indicate that despite our aggressive prison construction plan we will not be able to build enough prison beds to keep pace with expected growth in the prison population over the next ten years.  The huge increase in our prison population is not only the result of more individuals committing serious crimes but also because most offenders released from prison will return again.  Our corrections system has become a high-cost institution that perpetually recycles inmates without deterring crime.  As a result of these conditions, serious concerns have been raised about our current corrections philosophy.  Attention must be directed towards implementing a long-range corrections strategy that focuses on inmate responsibility through work training, the development of mature and marketable job skills, and requiring inmates to pay for the cost of their incarceration.

     The combined cost of housing, maintaining, and supervising inmates in our state corrections facilities is increasing beyond our capability to pay.  The legislature recognizes that the responsibility for criminal activity must fall squarely on the criminal.  Society should not have to pay the price for crimes twice, once for the criminal act and then again by feeding, clothing, and housing the offender.  The corrections system must be the first place where criminal offenders are given the opportunity to be responsible for paying for their criminal activity, not just through the loss of their freedom, but also by working while in prison and contributing an appropriate portion of their wages to the cost of their incarceration.  Allowing offenders to become responsible through working in meaningful jobs for real wages can be a beneficial opportunity for corrections.  Everyone profits from a successful corrections industry program -- the prison system, taxpayers, the community, families, and the inmate.  Most important, an inmate who is drug-free and has mature job skills is significantly more likely not to return to prison.

     It is the purpose and intent of this act to outline a comprehensive strategy for reducing upwardly spiraling prison costs through an inmate work responsibility program, preserving scarce prison cell space for our most dangerous offenders, and providing judges with alternatives to incarceration, including drug rehabilitation, that must be used without jeopardizing public safety.

     Sec. 2.  RCW 9.94A.030 and 1991 c 348 s 4, 1991 c 290 s 3, and 1991 c 181 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 a sentence under RCW 9.94A.120 (5) or (9), 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 and others sentenced under RCW 9.94A.120(5), 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 supervision" means daily face-to-face contact between a community corrections officer, or designee, and an offender for purposes of monitoring and facilitating an offender's compliance with sentence requirements.

(14) "Department" means the department of corrections.

     (((14))) (15) "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 punishment units, 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))) (16) "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))) (17) "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))) (18) "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 comply with any limitations on the inmate's movements 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))) (19) "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))) (20) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.

     (((20))) (21)(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))) (22) "Intensive supervision" means three to six face-to-face contacts per month between a community corrections officer and an offender for purposes of monitoring an offender's progress and compliance with sentence conditions.

(23) "Nonviolent offense" means an offense which is not a violent offense.

     (((22))) (24) "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))) (25) "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))) (26) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

     (((25))) (27) "Punishment units" means an interchangeable measurement of severity imposed by the court under RCW 9.94A.120(5).

(28) "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))) (29) "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))) (30) "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, 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))) (31) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

     (((29))) (32) "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))) (33) "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))) (34) "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))) (35) "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))) (36) "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, 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))) (37) "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 are eligible to participate on a work crew.  Offenders sentenced for a sex offense as defined in subsection (((29))) (32) of this section are not eligible for the work crew program.

     (((35))) (38) "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))) (39) "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, 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 1991 c 221 s 2, 1991 c 181 s 3, and 1991 c 104 s 3 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)) (7), (9), and (21) of this section, the court shall impose a sentence within the sentence range for the offense.

     (2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

     (3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law.  A sentence outside the standard range shall be a determinate sentence.

     (4)(a) 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.

(b) An offender convicted of the crime of assault in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years.

(c) 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.

(d) An offender shall be sentenced to a minimum term of confinement of not less than fifteen years if the offender (i) while committed to a state correctional facility for murder in the first or second degree, homicide by abuse, assault in the first or second degree, rape in the first or second degree, kidnapping in the first degree, robbery in the first degree, arson in the first degree, or burglary in the first degree; (ii) commits the crime of murder in the second degree, assault in the first or second degree, rape in the first or second degree, arson in the first or second degree, or robbery in the first or second degree.  The sentence shall be served consecutive to any term of confinement remaining on the offense or offenses for which the offender was committed to the state institution as provided in RCW 9.94A.400 (2) and (5).  An offender who commits murder in the first degree while committed to a state institution for the conviction of one of the offenses listed in (d)(ii) of this subsection shall serve his or her sentence consecutive to any term of confinement remaining on the offense or offenses for which the offender was committed to the state institution.  RCW 9A.20.021(1)(b), which provides that the statutory maximum for class B felonies is ten years, does not apply to the crimes identified in (d)(ii) of this subsection when committed in a state correctional facility by an offender who is committed to the state institution for a crime listed in (d)(i) of this subsection.  The statutory maximum is a term of life imprisonment.

     The foregoing minimum terms of total confinement, specified in (a), (b), (c), and (d) of this subsection, are mandatory and shall not be varied or modified as provided in subsection (2) of this section.

     (5) In sentencing a first-time offender ((the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses.  The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

     (a) Devote time to a specific employment or occupation;

     (b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense;

     (c) Pursue a prescribed, secular course of study or vocational training;

     (d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer 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.)) or an offender with a current nonviolent offense conviction, excluding sex offenses, and no prior convictions for a violent offense or serious violent offense, if the current offense has a sentence range of zero to twelve months and the court finds that the community and the offender would benefit from community-based punishment, the court may waive the imposition of a sentence within the standard range and impose a determinate sentence under this subsection.

Sentences under this subsection shall be imposed in the form of punishment units in some combination of total confinement, work release, home detention, work crew, community service, treatment, training and rehabilitative programs, intensive supervision, and day supervision.  Punishment units shall be credited as follows:

(a) One punishment unit equals one day of total confinement, one day of work release, one day of home detention, eight hours of community service, or seven hours of work crew.

(b) Fifteen punishment units equal one month of day supervision or two months of intensive supervision.

(c) Thirty punishment units equal one completed in-patient or out-patient treatment program for medical, emotional, or substance abuse problems or one completed educational, vocational, or employment-related program.

(d) Sixty punishment units equal one completed residential treatment program, including aftercare requirements.

Except during total or partial confinement, persons sentenced under this subsection shall be in community custody under procedures and sanctions developed by the department under RCW 9.94A.205.

     (6) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, a term of community supervision not to exceed one year, and/or other legal financial obligations.  For offenders sentenced under subsection (5) of this section and who meet the definition of first-time offender under RCW 9.94A.030, the maximum sentence is sixty punishment units.  The maximum sentence for those who are not first-time offenders is one hundred twenty punishment units.  The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

     (7)(a)(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) 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.

     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 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)(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, 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, committed on or after July 1, 1988, when such sentence is not imposed under subsection (9)(a)(ii) of this section, 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.  The community placement 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 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; and

     (v) The offender shall pay supervision fees as determined by the department of corrections.

     (c) 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;

     (v) The residence location and living arrangements of a sex offender shall be subject to the prior approval of the department of corrections; or

     (vi) The offender shall comply with any crime-related prohibitions.

     (d) 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)(a)(i) When (A) a person is convicted of a violation of RCW 69.50.401(a)(1)(i) through (iv) that is not the manufacture of methamphetamine, RCW 69.50.401(b) through (d), 69.50.403, or 69.52.030(1) and the violation does not involve a sentence enhancement under RCW 9.94A.310 (3) or (5); (B) the person has no previous or other current convictions of (I) a violent offense, (II) a sex offense, or (III) an offense involving 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 any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marijuana; and (C) the applicable sentence range is more than twelve months and not more than sixty months, the court may order a presentence investigation and special evaluation to determine whether the offender was a user of illegal controlled substances at the time the crime occurred and is in need of treatment for the use of illegal controlled substances.

The report of the special evaluation shall include at a minimum the following:  The defendant's offense history, a qualified chemical dependency assessment, including current and historical involvement with alcohol and other drugs, substance use-related physiological and behavioral problems, any prior alcohol or drug treatment or education, employment history, and social support system, noting any additional evaluation instruments or tools used.  The evaluation report shall note sources of information.

The evaluator 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:

(I) Recommended treatment modality or modalities;

(II) Frequency of treatment contacts;

(III) Specific problems or issues to be addressed in treatment and method or description of treatment interventions;

(IV) Specific plan for monitoring compliance, including urinalysis testing and confirmation of positives via alternate testing methodology, breath analysis, any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;

(V) Anticipated length of treatment;

(VI Recommended crime-related prohibitions;

(VII) Offender's ability to self-pay postrelease treatment service costs; and

(VIII) Vocational rehabilitation issues.

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 party making the motion shall select the evaluator.  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 report, the court shall consider whether the offender and the community will benefit from the use of the sentencing option for drug offender treatment.  If the court determines that this sentencing option is appropriate, the court shall impose a sentence within the applicable sentence range plus one additional year of confinement to be served on community custody and shall direct that:

(A) If the sentence is not more than thirty-six months that the offender shall serve at least six months in total confinement, with at least three months of total confinement served in a facility operated by the department; or

(B) If the sentence is more than thirty-six months but not more than sixty months that the offender shall serve at least twelve months of total confinement, with at least six months of total confinement served in a facility operated by the department.

The balance of the sentence shall be served in total confinement, partial confinement, or community custody at the direction of the department.

(b) The department shall provide a program of drug treatment to all persons sentenced under this subsection and shall adopt rules governing (i) the nature of the treatment program to be provided during total confinement, partial confinement, and community custody, (ii) the decision as to whether, after the initial six or twelve month period of total confinement the balance of the sentence shall be served in total confinement, partial confinement, or community custody, (iii) the conditions to be imposed upon offenders sentenced under this subsection, and (iv) the procedures to be employed and the sanctions to be imposed in the event of violation of the conditions.

(c) If the offender does not comply with the conditions of the treatment program, the department shall refer the matter to the sentencing court for revocation of the sentence imposed under this subsection (9).  The sentencing court shall set a hearing date.  If the court finds that the offender has failed to comply with the conditions imposed, the court may resentence the offender according to the standard range with credit for total confinement time served.

(10) 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))) (11) 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))) (12) 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))) (13) 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))) (14) 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))) (15) 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))) (16) 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))) (17) 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))) (18) 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))) (19) 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))) (20) 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.

(21) An offender shall be sentenced to a minimum term of confinement of not less than fifteen years or a determinate term within the standard range, whichever is greater, if the offender (a) while committed to a state correctional facility for murder in the first or second degree, homicide by abuse, assault in the first or second degree, rape in the first or second degree, kidnapping in the first degree, robbery in the first degree, arson in the first degree, or burglary in the first degree; (b) commits the crime of murder in the second degree, assault in the first or second degree, rape in the first or second degree, arson in the first or second degree, or robbery in the first or second degree.  The court may impose an exceptional sentence above the mandatory minimum term or the standard range for the offense based on the existence of aggravating factors as provided in RCW 9.94A.390, but may not impose an exceptional sentence below the mandatory minimum or standard range.  The term imposed shall be served consecutive to any term of confinement remaining on the offense or offenses for which the offender was committed to the state institution as provided in RCW 9.94A.400 (2) and (5).  An offender who commits murder in the first degree while committed to a state institution for the conviction of one of the offenses listed in (b) of this subsection shall serve his or her sentence consecutive to any term of confinement remaining on the offense or offenses for which the offender was committed to the state institution.  RCW 9A.20.021(1)(b), which provides that the statutory maximum for class B felonies is ten years, does not apply to the crimes identified in (b) of this subsection when committed in a state correctional facility by an offender who is committed to the state institution for a crime listed in (a) of this subsection.  The statutory maximum is a term of life imprisonment.

Sec. 4.  RCW 9.94A.150 and 1990 c 3 s 202 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 during total or partial confinement, 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, 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, but this subsection shall not apply to a sentence imposed under RCW 9.94A.120(9);

     (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 or her sentence if the sentence has been reduced as provided in RCW 9.94A.160.

     Sec. 5.  RCW 9.94A.180 and 1991 c 181 s 4 are each amended to read as follows:

     (1) An offender sentenced to a term of partial confinement shall be confined in the facility for at least eight hours per day or, if serving a work crew sentence shall comply with the conditions of that sentence as set forth in RCW 9.94A.030(23) and 9.94A.135.  The offender shall be required as a condition of partial confinement to report to the facility at designated times.  An offender may be required to comply with crime-related prohibitions during the period of partial confinement.

     (2) An offender in a county jail ordered to serve all or part of a term of less than one year in work release, work crew, or a program of home detention who violates the rules of the work release facility, work crew, or program of home detention or fails to remain employed or enrolled in school may be transferred to the appropriate county detention facility without further court order but shall, upon request, be notified of the right to request an administrative hearing on the issue of whether or not the offender failed to comply with the order and relevant conditions.  Pending such hearing, or in the absence of a request for the hearing, the offender shall serve the remainder of the term of confinement as total confinement.  This subsection shall not affect transfer or placement of offenders committed to the state department of corrections or offenders sentenced under RCW 9.94A.120(5).

Sec. 6.  RCW 9.94A.205 and 1988 c 153 s 4 are each amended to read as follows:

If an inmate violates any condition or requirement of community custody, the department may transfer the inmate to a more restrictive confinement status to serve the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation.  If an inmate is accused of violating any condition or requirement of community custody, he or she is entitled to a hearing before the department prior to the imposition of sanctions.  The hearing shall be considered as inmate disciplinary proceedings and shall not be subject to chapter 34.05 RCW.  The department shall develop hearing procedures and sanctions.

For offenders sentenced under RCW 9.94A.120(5), sanctions imposed by the department may not exceed the difference between the punishment units completed by the offender and the number of punishment units imposed by the court.  Sanctions beyond the punishment units ordered by the court, not to exceed the upper limit of the sentence range, must be imposed by the court.

     Sec. 7.  RCW 9.94A.210 and 1989 c 214 s 1 are each amended to read as follows:

     (1) A sentence within the standard range for the offense shall not be appealed.  For purposes of this section, a sentence imposed ((on a first offender)) under RCW 9.94A.120(5) or (9) shall also be deemed to be within the standard range for the offense and shall not be appealed.

     (2) A sentence outside the sentence range for the offense is subject to appeal by the defendant or the state.  The appeal shall be to the court of appeals in accordance with rules adopted by the supreme court.

     (3) Pending review of the sentence, the sentencing court or the court of appeals may order the defendant confined or placed on conditional release, including bond.

     (4) To reverse a sentence which is outside the sentence range, the reviewing court must find:  (a) Either that the reasons supplied by the sentencing judge are not supported by the record which was before the judge or that those reasons do not justify a sentence outside the standard range for that offense; or (b) that the sentence imposed was clearly excessive or clearly too lenient.

     (5) A review under this section shall be made solely upon the record that was before the sentencing court.  Written briefs shall not be required and the review and decision shall be made in an expedited manner according to rules adopted by the supreme court.

     (6) The court of appeals shall issue a written opinion in support of its decision whenever the judgment of the sentencing court is reversed and may issue written opinions in any other case where the court believes that a written opinion would provide guidance to sentencing judges and others in implementing this chapter and in developing a common law of sentencing within the state.

     (7) The department may petition for a review of a sentence committing an offender to the custody or jurisdiction of the department.  The review shall be limited to errors of law.  Such petition shall be filed with the court of appeals no later than ninety days after the department has actual knowledge of terms of the sentence.  The petition shall include a certification by the department that all reasonable efforts to resolve the dispute at the superior court level have been exhausted.

     Sec. 8.  RCW 9.94A.310 and 1991 c 32 s 2 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

180-

360

.................................................................

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

90- 180-

270 360

.................................................................

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

30- 90- 120- 270-

90 240 360 360

.................................................................

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

0-90 60- 90- 120-

180 270 360

.................................................................

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

0-60 0-90 60- 60- 90- 120-

150 180 240 360

.................................................................

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.  Numbers in the fourth and fifth rows indicate the presumptive ranges of punishment units under RCW 9.94A.120(5).

     (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.  For persons sentenced under RCW 9.94A.120(5), the presumptive sentence is determined by multiplying the punishment units in the sentence 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)

     (b) 18 months for Burglary 1 (RCW 9A.52.020)

     (c) 12 months for Assault 2 (RCW 9A.36.020 or 9A.36.021), 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.

     (4) 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) 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.

(6) For persons who are first-time offenders and who are sentenced under RCW 9.94A.120(5), 180 punishment units is the maximum sentence.

     Sec. 9.  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 enumerated in RCW ((9.94A.310(4))) 9.94A.310(5) that were committed in a state correctional facility or county jail 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 or punishment units.

     (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))) (f).

     Sec. 10.  RCW 9.94A.410 and 1986 c 257 s 29 are each amended to read as follows:

     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 crime, and multiplying the range by 75 percent.  For persons sentenced under RCW 9.94A.120(5), the presumptive sentence is determined by multiplying the punishment units in the sentence range by 75 percent.

     In calculating an offender score, count each prior conviction as if the present conviction were for the completed offense.  When these convictions are used as criminal history, score them the same as a completed crime.

     Sec. 11.  RCW 9.94A.440 and 1989 c 332 s 2 are each amended to read as follows:

     (1) Decision not to prosecute.

     STANDARD:  A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

     GUIDELINE/COMMENTARY:

     Examples

     The following are examples of reasons not to prosecute which could satisfy the standard.

     (a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.

     (b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:

     (i) It has not been enforced for many years; and

     (ii) Most members of society act as if it were no longer in existence; and

     (iii) It serves no deterrent or protective purpose in today's society; and

     (iv) The statute has not been recently reconsidered by the legislature.

     This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.

     (c) De Minimus Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.

     (d) Confinement on Other Charges - Except for crimes committed by prisoners in state correctional facilities as provided in RCW 9.94A.120(21), it may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and

     (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

     (ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

     (iii) Conviction of the new offense would not serve any significant deterrent purpose.

     (e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and

     (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

     (ii) Conviction in the pending prosecution is imminent;

     (iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

     (iv) Conviction of the new offense would not serve any significant deterrent purpose.

     (f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question.  This reason should be limited to minor cases and should not be relied upon in serious cases.

     (g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

     (h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused's information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.

     (i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:

     (i) Assault cases where the victim has suffered little or no injury;

     (ii) Crimes against property, not involving violence, where no major loss was suffered;

     (iii) Where doing so would not jeopardize the safety of society.

     Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.

     The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.

     Notification

     The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.

     (2) Decision to prosecute.

     STANDARD:

     Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder.  With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be provided pursuant to RCW 9.94A.120(7).

     Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact-finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.

     See table below for the crimes within these categories.

                CATEGORIZATION OF CRIMES FOR PROSECUTING STANDARDS

     CRIMES AGAINST PERSONS

     Aggravated Murder

     1st Degree Murder

     2nd Degree Murder

     1st Degree Kidnaping

     1st Degree Assault

     1st Degree Rape

     1st Degree Robbery

     1st Degree Rape of a Child

     1st Degree Arson

     2nd Degree Kidnaping

     2nd Degree Assault

     2nd Degree Rape

     2nd Degree Robbery

     1st Degree Burglary

     1st Degree Manslaughter

     2nd Degree Manslaughter

     1st Degree Extortion

     Indecent Liberties

     Incest

     2nd Degree Rape of a Child

     Vehicular Homicide

     Vehicular Assault

     3rd Degree Rape

     3rd Degree Rape of a Child

     1st Degree Child Molestation

     2nd Degree Child Molestation

     3rd Degree Child Molestation

     2nd Degree Extortion

     1st Degree Promoting Prostitution

     Intimidating a Juror

     Communication with a Minor

     Intimidating a Witness

     Intimidating a Public Servant

     Bomb Threat (if against person)

     3rd Degree Assault

     Unlawful Imprisonment

     Promoting a Suicide Attempt

     Riot (if against person)

     CRIMES AGAINST PROPERTY/OTHER CRIMES

     2nd Degree Arson

     1st Degree Escape

     2nd Degree Burglary

     1st Degree Theft

     1st Degree Perjury

     1st Degree Introducing Contraband

     1st Degree Possession of Stolen Property

     Bribery

     Bribing a Witness

     Bribe received by a Witness

     Bomb Threat (if against property)

     1st Degree Malicious Mischief

     2nd Degree Theft

     2nd Degree Escape

     2nd Degree Introducing Contraband

     2nd Degree Possession of Stolen Property

     2nd Degree Malicious Mischief

     1st Degree Reckless Burning

     Taking a Motor Vehicle without Authorization

     Forgery

     2nd Degree Perjury

     2nd Degree Promoting Prostitution

     Tampering with a Witness

     Trading in Public Office

     Trading in Special Influence

     Receiving/Granting Unlawful Compensation

     Bigamy

     Eluding a Pursuing Police Vehicle

     Willful Failure to Return from Furlough

     Riot (if against property)

     Thefts of Livestock

     ALL OTHER UNCLASSIFIED FELONIES

     Selection of Charges/Degree of Charge

     (1) The prosecutor should file charges which adequately describe the nature of defendant's conduct.  Other offenses may be charged only if they are necessary to ensure that the charges:

     (a) Will significantly enhance the strength of the state's case at trial; or

     (b) Will result in restitution to all victims.

     (2) The prosecutor should not overcharge to obtain a guilty plea.  Overcharging includes:

     (a) Charging a higher degree;

     (b) Charging additional counts.

     This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a defendant's criminal conduct, but to decline to charge crimes which are not necessary to such an indication.  Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.

     GUIDELINES/COMMENTARY:

     Police Investigation

     A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute.  The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made.  In ordinary circumstances the investigation should include the following:

     (1) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;

     (2) The completion of necessary laboratory tests; and

     (3) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.

     If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.

     Exceptions

     In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:

     (1) Probable cause exists to believe the suspect is guilty; and

     (2) The suspect presents a danger to the community or is likely to flee if not apprehended; or

     (3) The arrest of the suspect is necessary to complete the investigation of the crime.

     In the event that the exception to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner.  If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.

     Investigation Techniques

     The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:

     (1) Polygraph testing;

     (2) Hypnosis;

     (3) Electronic surveillance;

     (4) Use of informants.

     Pre-Filing Discussions with Defendant

     Discussions with the defendant or ((his/her)) his or her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.

NEW SECTION. Sec. 12.     If specific funding to the department of corrections for the purposes of providing drug treatment and supervision for offenders sentenced under RCW 9.94A.120(9), as amended by this act, is not provided by June 30, 1992, in the supplemental omnibus appropriations act, sections 2 and 4 through 10 of this act, and the amendments to RCW 9.94A.120 (5), (6), and (9) by section 3 of this act are null and void.

NEW SECTION. Sec. 13.     The indeterminate sentence review board shall cease to exist on June 30, 1992.  Persons convicted of crimes committed before July 1, 1984, who are under the supervision of the indeterminate sentence review board on the effective date of this section shall have their sentences reviewed and adjusted as provided in this chapter.

NEW SECTION. Sec. 14.     On June 30, 1992, parolees who are in the community on parole are discharged from parole and all obligations and requirements of supervision are terminated.  The parolee may apply to the superior court of the county of conviction for a certificate of final discharge from parole.  The superior court shall issue a certificate of discharge after the termination of the parolee's parole upon motion of the parolee for final discharge.  The final discharge shall restore all civil rights lost by operation of law upon conviction.  The certificate of discharge shall provide that the civil rights of the parolee are restored.  The discharge provided for in this section shall be considered part of the convicted person's sentence and shall not be construed as affecting the powers of the governor to pardon the person under chapter 9.96 RCW.

NEW SECTION. Sec. 15.     (1) On June 30, 1992, all of the indeterminate sentence review board's powers, duties, and functions shall be transferred to the superior courts of the state of Washington as provided in this chapter regarding persons in the custody of the department of corrections for a conviction of a crime that has a mandatory life sentence, murder in the first or second degree, rape in the first degree, assault in the first degree, or kidnapping in the first degree, that was committed before July 1, 1984. 

     (2)(a) Before June 30, 1992, the board shall review each inmate described in subsection (1) of this section and prepare a report for the superior courts that will assume jurisdiction over those inmates.     (b) If the board has not set a minimum term for an inmate, the board shall set the minimum parole eligibility date before transfer of the cases to the superior courts.  The board shall set the minimum term release dates according to chapter 9.95 RCW. 

     (c) The report must include a recommendation regarding the offender's suitability for parole, appropriate parole conditions, and, for those committed under a mandatory life sentence, duration of confinement.  The board shall advise the court whether the minimum term set is consistent with the purposes, standards, and sentencing ranges adopted under chapter 9.94A RCW and if not, the board shall specify why the term is different.

     (d) The board shall send a report concerning an offender to the sentencing court of the county of the offender's conviction.  The sentencing judge or his or her successor in the county of conviction thereafter has full jurisdiction and authority over the offender.  If the offender is convicted of more than one crime committed before July 1, 1984, and more than one superior court has jurisdiction over the offender, each superior court has jurisdiction over the offender for the crime committed in its county, unless the superior courts transfer that jurisdiction to one of the courts by agreement and after hearing in which the offender is entitled to appear and be represented by counsel.

NEW SECTION. Sec. 16.     (1) Before June 30, 1992, the board shall convert to determinate sentences the sentences of offenders who are under the jurisdiction of the indeterminate sentence review board for crimes committed before July 1, 1984, but have not been convicted of a crime that carries a mandatory life sentence, murder in the first or second degree, rape in the first degree, assault in the first degree, or kidnapping in the first degree.

     (2) If on the effective date of this section, the board has not set the minimum term of confinement for an offender, the board shall first establish the minimum term according to chapter 9.95 RCW.  The board shall convert the offender's minimum term to the offender's determinate term of confinement.  The board may convert the minimum terms to determinate terms notwithstanding RCW 9.95.115 or any other statute that restricts the board's power to set determinate terms of confinement. 

     (3) The board shall also set periods of postrelease supervision for those offenders who could receive a sentence of postrelease supervision under chapter 9.94A RCW.  The term of postrelease supervision set by the board must be reasonably consistent with the period of postrelease supervision set for offenders sentenced under chapter 9.94A RCW.

     (4) Before June 30, 1992, the indeterminate sentence review board shall prepare a report to the superior court of the county where the offender was convicted.  The report shall advise the court of the conversion of the offender's sentence, the period of postrelease supervision imposed, and the date the determinate sentence expires minus any earned early release credit the offender may earn while in custody. 

     (5) The offender shall be released from total or partial confinement in a facility operated by or under a contract with the department of corrections upon expiration of his or her determinate sentence minus any earned early release credits.  The offender shall remain in the custody of the department of corrections in the community in lieu of the earned early release time.  The department of corrections has full responsibility for supervising the offender during that period and may conduct violation proceedings and impose sanctions for violations of supervision imposed according to the department's administrative rules for offenders who are in community custody under chapter 9.94A RCW. 

     (6) In addition, after release from the custody of the department of corrections upon expiration of the time spent in the community in lieu of earned early release time, the offender shall remain under the supervision of the department of corrections for the period of postrelease supervision.  However, the sentencing court of the county where the offender committed the crime has jurisdiction over the offender for determining whether violations of supervision have occurred and for imposing sanctions.  The state supreme court shall adopt procedures for conducting violation hearings and imposing sanctions that are consistent with the policies and procedures established in chapter 9.94A RCW.

     (7) Three months before the offender's release from the period of custody spent in the community in lieu of earned early release, the department of corrections shall notify the sentencing court that the offender will be transferred to postrelease supervision status. 

     (8) When an offender is on postrelease supervision status, the sentencing judge shall conduct periodic reviews of the offender's progress on supervision, may grant conditional and final discharges from supervision, and shall hear all requests for restoration of civil rights. 

     (9) After the board establishes the determinate sentence under this section, the offender may request the sentencing court to conduct a full review of the person's prospects for a reduction in the determinate sentence and for early release.  The court may order the department of corrections to provide information about the offender's prospects for rehabilitation, early release, and to report to the court the facts of the review and the department's findings.  Upon the basis of those findings and any other information and results from investigation the court considers appropriate, the court may redetermine and reset the convicted person's determinate term of confinement. The court shall not reduce the person's determinate term of confinement unless the court has received from the department of corrections all institutional conduct reports relating to the person.    (10) A determinate sentence imposed under this section is subject to appeal if the determinate sentence imposed exceeds a standard range sentence for the crime under chapter 9.94A RCW.

     (11) The department of corrections shall establish by rule the method of determining the earned early release credit of offenders whose sentences are converted to a determinate sentence under this chapter.

NEW SECTION. Sec. 17.     If, after the effective date of this section, a person is convicted of a crime committed before July 1, 1984, the sentencing court shall establish a determinate term of confinement for that offender.  The court shall attempt to set the determinate sentence reasonably consistent with the purposes, standards, and sentencing ranges adopted under chapter 9.94A RCW.  The court's determinate term decision is subject to appellate review if the determinate term established exceeds the standard range for the offense under chapter 9.94A RCW.

     The offender shall be released from total or partial confinement in a facility operated by or under a contract with the department of corrections upon expiration of his or her determinate sentence minus any earned early release credits.  The offender shall remain in the custody of the department of corrections in the community in lieu of the earned early release time.  The department of corrections has full responsibility for supervising the offender during that period and may conduct violation proceedings and impose sanctions for violations of supervision imposed according to the department's administrative rules for offenders who are in community custody under chapter 9.94A RCW. 

     In addition to the determinate period of total confinement imposed, the court shall sentence the offender to a term of postrelease supervision for a period that is reasonably consistent with the purposes and periods of time imposed for postrelease supervision under chapter 9.94A RCW.  The department of corrections has full responsibility for supervising the offenders on postrelease supervision.  However, the sentencing court has jurisdiction over the offender for determining whether violations of supervision have occurred and for imposing sanctions.  The state supreme court shall adopt rules for conducting violation hearings and imposing sanctions that are consistent with the policies and procedures established in chapter 9.94A RCW.

NEW SECTION. Sec. 18.     The department of corrections shall assist the judiciary in fulfilling its responsibilities under this chapter, including the preparation of written recommendations.

NEW SECTION. Sec. 19.     Nothing in this chapter may be construed to create any eligibility for persons sentenced to mandatory life without parole or sentenced to the death penalty for a crime committed before July 1, 1984, to be released from confinement under this chapter.

NEW SECTION. Sec. 20.     All references to the indeterminate sentence review board in the Revised Code of Washington shall be construed to mean the superior courts of the state of Washington or the department of corrections, as appropriate.

NEW SECTION. Sec. 21.     All reports, documents, surveys, books, records, files, papers, or written material in the possession of the indeterminate sentence review board shall be delivered to the custody of the department of corrections.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the indeterminate sentence review board shall be made available to the department of corrections.  All funds, credits, or other assets held by the indeterminate sentence review board shall be assigned to the department of corrections.

     Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

     The transfer of the powers, duties, functions, and personnel of the indeterminate sentence review board does not affect the validity of any act performed before the effective date of this section.

     Sec. 22.  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) Except as provided in RCW 9.94A.120(4)(d) and (21) 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.

     (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. 23.  RCW 72.09.070 and 1989 c 185 s 4 are each amended to read as follows:

     (1) There is created ((a correctional industries)) an inmate work and responsibility board of directors, which shall have the composition provided in RCW 72.09.080.

     (2) ((Consistent with general department of corrections policies and procedures pertaining to the general administration of correctional facilities,)) The board shall establish and implement policy for correctional industries programs designed to:

     (a) Offer inmates employment, work experience, and training in vocations which may provide opportunities for legitimate means of livelihood upon their release from custody;

     (b) Provide industries which will reduce the tax burden of corrections through production of goods and services for sale and use;

     (c) Operate correctional work programs in an effective and efficient manner which are as similar as possible to those provided by the private sector;

     (d) Provide for selection of, contracting for, and supervision of work programs with participating private enterprise firms;

     (e) Develop and design correctional industries work programs;

     (f) Invest available funds in correctional industries enterprises and work programs;

(g) Review sentencing alternatives options and implement new options and pilot sentencing alternative options consistent with the goals of the inmate responsibility corrections program;

(h) Survey and map all existing prison industries work space and identify how existing work space can accommodate the additional class I and class II work programs needed to meet the combined fifty percent employment target established in section 25 of this act;

(i) Review all program milestones and progress needed to meet the class I and class II work program goals established in section 25 of this act;

(j) Identify legal and policy barriers that must be altered or eliminated in order to implement an inmate responsibility-based corrections system;

(k) Identify what offender educational and work maturity skill development programs are available throughout the prison system and develop an implementation plan that will effectively allow all inmate work and educational programs to articulate throughout the corrections system.  In addition, the board shall work with the department and other state agencies, labor unions, and businesses to introduce needed inmate education programs;

(l) Review the ongoing progress of all drug treatment programs and develop criteria that will insure that all state correctional facilities are drug free;

(m) Work with the department to develop inmate responsibility work and education program criteria that take into consideration the non-English speaking and physically and mentally challenged inmate populations;

(n) Provide the legislature with innovative and necessary policy recommendations that will allow the program to maintain its guiding philosophy of inmate responsibility and insure continued program growth.

(3) The board of directors shall at least annually review the work performance of the director of correctional industries division with the secretary.

(4) The director of correctional industries division shall review and evaluate the productivity, funding, and appropriateness of all correctional work programs and report on their effectiveness to the board and to the secretary.

(5) The board of directors shall have the authority to identify and establish trade advisory or apprenticeship committees to advise them on correctional industries work programs.  The secretary shall appoint the members of the committees.

Where a labor management trade advisory and apprenticeship committee has already been established by the department pursuant to RCW 72.62.050 the existing committee shall also advise the board of directors.

Sec. 24.  RCW 72.09.080 and 1989 c 185 s 5 are each amended to read as follows:

(1) The ((correctional industries)) inmate work and responsibility board of directors shall consist of nine voting members((,)) appointed by the governor ((upon recommendation by the secretary)).  Each member shall serve a three-year staggered term.  Initially, the governor shall appoint three members to one-year terms, three members to two-year terms, and three members to three-year terms.  The speaker of the house of representatives and the president of the senate shall each appoint one member from each of the two largest caucuses in their respective houses.  The legislators so appointed shall be nonvoting members and shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first.  The nine members appointed by the governor shall include an equal number of representatives from both labor and industry, as well as a prosecuting attorney, a defense attorney, a specialist in adult education, a corrections officer, a judge, a social worker specializing in drug rehabilitation, and a marketing specialist.

     (2) The board of directors shall elect a chair and such other officers as it deems appropriate from among the voting members.

     (3) The voting members of the board of directors shall serve with compensation pursuant to RCW 43.03.240 and shall be reimbursed by the department for travel expenses and per diem under RCW 43.03.050 and 43.03.060((, as now or hereafter amended)).  Legislative members shall be reimbursed under RCW 44.04.120((, as now or hereafter amended)).

     (4) The secretary shall provide such staff services, facilities, and equipment as the board shall require to carry out its duties.

NEW SECTION. Sec. 25.  A new section is added to chapter 72.09 RCW to read as follows:

     The secretary shall increase inmate participation in class I and class II correctional industries work programs incrementally until a combined total of fifty percent of all able and eligible inmates are employed in class I and class II programs by December 30, 1996.  All inmates working in class I, class II, class III, and class IV correctional industries programs shall pay fifty percent of their gross wages toward the cost of incarceration.  The department shall explore other methods of recovering a portion of the share of inmate wages dedicated to the payment of the cost of incarceration, on incentive programs that offer inmates benefits and amenities paid for only from wages earned while working in a correctional industries program.  The department shall develop the necessary administrative structure to recover inmates' wages and keep records of the amount inmates pay for the costs of incarceration and amenities.  All funds gained from this section shall be deposited in the general fund.

NEW SECTION. Sec. 26.     The following acts or parts of acts are each repealed:

(1) RCW 9.95.001 and 1986 c 224 s 2;

(2) RCW 9.95.0011 and 1989 c 259 s 4 & 1986 c 224 s 12;

(3) RCW 9.95.003 and 1986 c 224 s 3, 1975-'76 2nd ex.s. c 34 s 8, 1969 c 98 s 9, 1959 c 32 s 1, & 1955 c 340 s 9;

(4) RCW 9.95.005 and 1986 c 224 s 4, 1959 c 32 s 2, & 1955 c 340 s 10;

     (5) RCW 9.95.007 and 1986 c 224 s 5, 1975-'76 2nd ex.s. c 63 s 1, & 1959 c 32 s 3;

     (6) RCW 9.95.009 and 1990 c 3 s 707, 1989 c 259 s 1, 1986 c 224 s 6, 1985 c 279 s 1, 1982 c 192 s 8, & 1981 c 137 s 24;

     (7) RCW 9.95.010 and 1955 c 133 s 2;

     (8) RCW 9.95.011 and 1986 c 224 s 7;

     (9) RCW 9.95.013 and 1989 c 259 s 5;

     (10) RCW 9.95.015 and 1986 c 224 s 8 & 1961 c 138 s 1;

     (11) RCW 9.95.017 and 1986 c 224 s 11;

     (12) RCW 9.95.020 and 1955 c 133 s 3;

     (13) RCW 9.95.028 and 1984 c 114 s 1;

     (14) RCW 9.95.030 and 1984 c 114 s 2 & 1955 c 133 s 4;

     (15) RCW 9.95.031 and 1929 c 158 s 1;

     (16) RCW 9.95.032 and 1984 c 114 s 3 & 1929 c 158 s 2;

     (17) RCW 9.95.040 and 1986 c 224 s 9, 1975-'76 ex.s. c 63 s 2, 1961 c 138 s 2, & 1955 c 133 s 5;

     (18) RCW 9.95.052 and 1986 c 224 s 10, 1983 c 196 s 1, & 1972 ex.s. c 67 s 1;

     (19) RCW 9.95.055 and 1951 c 239 s 1;

     (20) RCW 9.95.060 and 1988 c 202 s 15, 1981 c 136 s 36, 1979 c 141 s 1, 1971 c 81 s 46, 1967 c 200 s 10, & 1955 c 133 s 7;

     (21) RCW 9.95.062 and 1989 c 276 s 1, 1969 ex.s. c 4 s 1, 1969 c 103 s 1, & 1955 c 42 s 2;

     (22) RCW 9.95.063 and 1971 ex.s. c 86 s 1, 1971 c 81 s 47, & 1955 c 42 s 4;

     (23) RCW 9.95.064 and 1989 c 276 s 4;

     (24) RCW 9.95.070 and 1955 c 133 s 8;

     (25) RCW 9.95.080 and 1972 ex.s. c 68 s 1, 1961 c 106 s 1, & 1955 c 133 s 9;

     (26) RCW 9.95.090 and 1955 c 133 s 10;

     (27) RCW 9.95.100 and 1955 c 133 s 11;

     (28) RCW 9.95.110 and 1955 c 133 s 12;

     (29) RCW 9.95.115 and 1989 c 259 s 3 & 1951 c 238 s 1;

     (30) RCW 9.95.116 and 1989 c 259 s 2;

     (31) RCW 9.95.120 and 1981 c 136 s 37, 1979 c 141 s 2, 1969 c 98 s 2, 1961 c 106 s 2, & 1955 c 133 s 13;

     (32) RCW 9.95.121 and 1981 c 136 s 38, 1979 c 141 s 3, & 1969 c 98 s 6;

     (33) RCW 9.95.122 and 1969 c 98 s 4;

     (34) RCW 9.95.123 and 1969 c 98 s 5;

     (35) RCW 9.95.124 and 1983 c 196 s 2, 1981 c 136 s 39, 1979 c 141 s 4, & 1969 c 98 s 6;

     (36) RCW 9.95.125 and 1969 c 98 s 7;

     (37) RCW 9.95.126 and 1969 c 98 s 8;

     (38) RCW 9.95.130 and 1955 c 133 s 14;

     (39) RCW 9.95.140 and 1990 c 3 s 126 & 1955 c 133 s 15;

     (40) RCW 9.95.145 and 1990 c 3 s 127;

     (41) RCW 9.95.150 and 1955 c 133 s 16;

     (42) RCW 9.95.160 and 1955 c 133 s 17;

     (43) RCW 9.95.170 and 1981 c 136 s 40, 1979 c 141 s 5, 1967 c 134 s 13, & 1935 c 114 s 3;

     (44) RCW 9.95.190 and 1983 c 3 s 10 & 1955 c 133 s 18;

     (45) RCW 9.95.200 and 1981 c 136 s 41, 1979 c 141 s 6, 1967 c 134 s 15, & 1957 c 227 s 3;

     (46) RCW 9.95.210 and 1987 c 202 s 146, 1984 c 46 s 1, 1983 c 156 s 4, 1982 1st ex.s. c 47 s 10, 1982 1st ex.s. c 8 s 5, 1981 c 136 s 42, & 1980 c 19 s 1;

     (47) RCW 9.95.220 and 1957 c 227 s 5;

     (48) RCW 9.95.230 and 1982 1st ex.s. c 47 s 11 & 1957 c 227 s 6;

     (49) RCW 9.95.240 and 1957 c 227 s 7;

     (50) RCW 9.95.250 and 1981 c 136 s 43, 1979 c 141 s 8, 1967 c 134 s 17, & 1957 c 227 s 8;

     (51) RCW 9.95.260 and 1981 c 136 s 44, 1979 c 141 s 9, 1967 c 134 s 14, & 1935 c 114 s 7;

     (52) RCW 9.95.265 and 1977 c 75 s 5 & 1955 c 340 s 11;

     (53) RCW 9.95.270 and 1937 c 92 s 1;

     (54) RCW 9.95.280 and 1955 c 183 s 1;

     (55) RCW 9.95.290 and 1955 c 183 s 2;

     (56) RCW 9.95.300 and 1955 c 183 s 3;

     (57) RCW 9.95.310 and 1986 c 125 s 1, 1971 ex.s. c 31 s 1, & 1961 c 217 s 2;

     (58) RCW 9.95.320 and 1986 c 125 s 2, 1981 c 136 s 45, 1971 ex.s. c 31 s 2, & 1961 c 217 s 3;

     (59) RCW 9.95.330 and 1981 c 136 s 46, 1971 ex.s. c 31 s 3, & 1961 c 217 s 4;

     (60) RCW 9.95.340 and 1986 c 125 s 3, 1981 c 136 s 47, 1971 ex.s. c 31 s 4, & 1961 c 217 s 5;

     (61) RCW 9.95.350 and 1986 c 125 s 4, 1981 c 136 s 48, 1971 ex.s. c 31 s 5, & 1961 c 217 s 6;

     (62) RCW 9.95.360 and 1986 c 125 s 5, 1981 c 136 s 49, 1971 ex.s. c 31 s 6, and 1961 c 217 s 7;

     (63) RCW 9.95.370 and 1981 c 136 s 50, 1971 ex.s. c 31 s 7, & 1961 c 217 s 8;

     (64) RCW 9.95.900 and 1981 c 137 s 32;

     (65) RCW 9.96.050 and 1980 c 75 s 1 & 1961 c 187 s 1;

     (66) RCW 72.04A.050 and 1981 c 136 s 81, 1979 c 141 s 173, & 1967 c 134 s 7;

     (67) RCW 72.04A.070 and 1981 c 136 s 82, 1979 c 141 s 174, & 1967 c 134 s 9;

     (68) RCW 72.04A.080 and 1981 c 136 s 83, 1979 c 141 s 175, & 1967 c 134 s 10;

     (69) RCW 72.04A.090 and 1981 c 136 s 84, 1979 c 141 s 176, 1969 c 98 s 1, & 1967 c 134 s 11;

     (70) RCW 72.04A.120 and 1991 c 104 s 2, 1989 c 252 s 20, & 1982 c 207 s 1; and

     (71) RCW 72.04A.900 and 1981 c 137 s 34.

NEW SECTION. Sec. 27.     Sections 13 through 20 of this act shall constitute a new chapter in Title 9 RCW.

NEW SECTION. Sec. 28.     (1) Sections 13 through 19 of this act are 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 immediately.

     (2) Sections 1 through 12 and 20 through 26 of this act shall take effect June 30, 1992.

NEW SECTION. Sec. 29.     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.