AN ACT Relating to
reducing the sentence of a person convicted of murder who alleges that the
murder was in response to the victim's continuing pattern of physical or sexual
abuse of the person or the person's children; amending RCW 9.95.011 and
9.95.040; adding new sections to chapter 9.95 RCW; adding a new section to
chapter 9.94A RCW; adding a new section to chapter 72.02 RCW; and declaring an
emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added to
chapter 9.95 RCW to read as follows:
(1) An inmate
convicted of murder may petition the indeterminate sentence review board to
review the inmate's sentence if the petition alleges the following:
(a) The inmate was
sentenced for a murder committed prior to July 23, 1989, which was the
effective date of section 1, chapter 408, Laws of 1989, as codified in RCW
9.94A.390(1)(h). RCW 9.94A.390(1)(h) provides that the sentencing court may
consider as a mitigating factor evidence that the defendant or the defendant's
children suffered a continuing pattern of physical or sexual abuse by the
victim of the offense and the offense was a response to that abuse;
(b) RCW
9.94A.390(1)(h), if effective when the defendant committed the crime, would
have provided a basis for the defendant to seek a mitigated sentence; and
(c) The sentencing
court when determining what sentence to impose, did not consider evidence that
the victim subjected the defendant or the defendant's children to a continuing
pattern of sexual or physical abuse and the murder was in response to that
abuse.
(2) An inmate who
seeks to have his or her sentence reviewed under this section must petition the
board for review no later than October 1, 1993. The petition may be by letter
requesting review.
(3)(a) If the inmate
was convicted of a murder committed prior to July 1, 1984, and the inmate is
under the jurisdiction of the indeterminate sentence review board, the board
shall conduct the review as provided in section 2 of this act. If the inmate
was sentenced pursuant to chapter 9.94A RCW for a murder committed after June
30, 1984, but before July 23, 1989, the board shall conduct the review and may
make appropriate recommendations to the sentencing court as provided in section
5 of this act. The board shall complete its review of the petitions and submit
recommendations to the sentencing courts or their successors by October 1,
1994.
(b) When reviewing
petitions, the board shall solicit recommendations from the prosecuting
attorneys of the counties where the petitioners were convicted, and shall
accept input from other interested parties.
NEW SECTION. Sec.
2. A new section is added to
chapter 9.95 RCW to read as follows:
(1) If an inmate under
the board's jurisdiction files a petition for review under section 1 of this
act, the board shall review the duration of the inmate's confinement, including
review of the minimum term and parole eligibility review dates. The board shall
consider whether:
(a) The petitioner was
convicted for a murder committed prior to the effective date of RCW
9.94A.390(1)(h);
(b) RCW
9.94A.390(1)(h), if effective when the petitioner committed the crime, would
have provided a basis for the petitioner to seek a mitigated sentence; and
(c) The sentencing
court and prosecuting attorney, when making their minimum term recommendations,
considered evidence that the victim subjected the petitioner or the
petitioner's children to a continuing pattern of sexual or physical abuse and
the murder was in response to that abuse.
(2) The board may
reset the minimum term and parole eligibility review date of a petitioner
convicted of murder if the board finds that had RCW 9.94A.390(1)(h) been
effective when the petitioner committed the crime, the petitioner may have
received an exceptional mitigating sentence.
Sec. 3. RCW 9.95.011 and 1986 c
224 s 7 are each amended to read as follows:
When the court commits a convicted person to
the department of corrections on or after July 1, 1986, for an offense
committed before July 1, 1984, the court shall, at the time of sentencing or
revocation of probation, fix the minimum term. The term so fixed shall not
exceed the maximum sentence provided by law for the offense of which the person
is convicted.
The court shall attempt to set the minimum
term reasonably consistent with the purposes, standards, and sentencing ranges
adopted under RCW 9.94A.040, but the court is subject to the same limitations
as those placed on the board under RCW 9.92.090, 9.95.040 (1) through (4),
9.95.115, 9A.32.040, 9A.44.045, and chapter 69.50 RCW. The court's minimum
term decision is subject to review to the same extent as a minimum term
decision by the parole board before July 1, 1986.
Thereafter, the expiration of the minimum
term set by the court minus any time credits earned under RCW 9.95.070 and
9.95.110 constitutes the parole eligibility review date, at which time the
board may consider the convicted person for parole under RCW 9.95.100 and
9.95.110 and chapter 72.04A RCW. Nothing in this section affects the board's
authority to reduce or increase the minimum term, once set by the court, under
RCW 9.95.040, 9.95.052, 9.95.055, 9.95.070, 9.95.080, 9.95.100, 9.95.115, ((or)) 9.95.125, or section 2 of this
act.
Sec. 4. RCW 9.95.040 and 1992 c
7 s 24 are each amended to read as follows:
The board shall fix the duration of
confinement for persons committed by the court before July 1, 1986, for crimes
committed before July 1, 1984. Within six months after the admission of the
convicted person to a state correctional facility, the board shall fix the
duration of confinement. The term of imprisonment so fixed shall not exceed
the maximum provided by law for the offense of which the person was convicted
or the maximum fixed by the court where the law does not provide for a maximum
term.
Subject to section 2 of this act, the
following limitations are placed on the board or the court for persons
committed to a state correctional facility on or after July 1, 1986, for crimes
committed before July 1, 1984, with regard to fixing the duration of
confinement in certain cases, notwithstanding any provisions of law specifying
a lesser sentence:
(1) For a person not previously convicted of
a felony but armed with a deadly weapon at the time of the commission of the
offense, the duration of confinement shall not be fixed at less than five
years.
(2) For a person previously convicted of a
felony either in this state or elsewhere and who was armed with a deadly weapon
at the time of the commission of the offense, the duration of confinement shall
not be fixed at less than seven and one-half years.
The words "deadly weapon," as used
in this section include, but are not limited to, any instrument known as a
blackjack, sling shot, billy, sand club, sandbag, metal knuckles, any dirk,
dagger, pistol, revolver, or any other firearm, any knife having a blade longer
than three inches, any razor with an unguarded blade, any metal pipe or bar
used or intended to be used as a club, any explosive, and any weapon containing
poisonous or injurious gas.
(3) For a person convicted of being an
habitual criminal within the meaning of the statute which provides for mandatory
life imprisonment for such habitual criminals, the duration of confinement
shall not be fixed at less than fifteen years. The board shall retain
jurisdiction over such convicted person throughout the person's natural life
unless the governor by appropriate executive action orders otherwise.
(4) Any person convicted of embezzling funds
from any institution of public deposit of which the person was an officer or
stockholder, the duration of confinement shall be fixed at not less than five
years.
Except when an inmate of a state correctional
facility has been convicted of murder in the first or second degree, the board
may parole an inmate prior to the expiration of a mandatory minimum term,
provided such inmate has demonstrated a meritorious effort in rehabilitation
and at least two-thirds of the board members concur in such action: PROVIDED,
That any inmate who has a mandatory minimum term and is paroled prior to the
expiration of such term according to the provisions of this chapter shall not receive
a conditional release from supervision while on parole until after the
mandatory minimum term has expired.
NEW SECTION. Sec. 5. A new section is added to
chapter 9.94A RCW to read as follows:
(1) The sentencing court or the court's
successor shall consider recommendations from the indeterminate sentence review
board for resentencing defendants convicted of murder if the indeterminate
sentence review board advises the court of the following:
(a) The defendant was convicted for a murder
committed prior to the effective date of RCW 9.94A.390(1)(h);
(b) RCW 9.94A.390(1)(h), if effective when
the defendant committed the crime, would have provided a basis for the
defendant to seek a mitigated sentence; and
(c) Upon review of the sentence, the
indeterminate sentence review board believes that the sentencing court, when
originally sentencing the defendant for the murder, did not consider evidence
that the victim subjected the defendant or the defendant's children to a continuing
pattern of sexual or physical abuse and the murder was in response to that
abuse.
(2) The court may resentence the defendant in
light of RCW 9.94A.390(1)(h) and impose an exceptional mitigating sentence
pursuant to that provision. Prior to resentencing, the court shall consider
any other recommendation and evidence concerning the issue of whether the
defendant committed the crime in response to abuse.
(3) The court shall render its decision
regarding reducing the inmate's sentence no later than six months after receipt
of the indeterminate sentence review board's recommendation to reduce the
sentence imposed.
NEW SECTION. Sec. 6. A new section is added to
chapter 72.02 RCW to read as follows:
The department shall advise all inmates in
the department's custody who were convicted of a murder that the inmate
committed prior to July 23, 1989, about the provisions in sections 1, 2, and 5
of this act. The department shall advise the inmates of the method and
deadline for submitting petitions to the indeterminate sentence review board
for review of the inmate's sentence. The department shall issue the notice to
the inmates no later than July 1, 1993.
NEW SECTION. Sec.
7. This act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall
take effect immediately.
