5204.E AMH COR H2769.1

ESB 5204 - H COMM AMD

By Committee on Corrections

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 9.94A.137 and 1993 c 338 s 4 are each amended to read as follows:

    (1)(a) An offender is eligible to be sentenced to a work ethic camp if the offender:

    (((a))) (i) Is sentenced to a term of total confinement of not less than ((twenty-two)) twenty months or more than thirty-six months;

    (((b))) (ii) Is ((between the ages of)) eighteen ((and twenty-eight)) years of age or older; and

    (((c))) (iii) Has no current or prior convictions for any sex offenses or for violent offenses.

(b) The sentencing court may consider an offender eligible to be sentenced to a work ethic camp if the offender meets the conditions set forth in (a) of this subsection and is or has been convicted of manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance under RCW 69.50.401 and after a complete review of his or her criminal history has been conducted and approved by the sentencing judge and upon further approval by the department in accordance with all other terms and conditions of this section.

(c) The length of the work ethic camp program shall be at least one hundred twenty days and not more than one hundred eighty days.  Because of the conversion ratio, earned early release time shall not accrue to offenders who successfully complete the program.

    (2) If the sentencing judge determines that the offender is eligible for the work ethic camp and is likely to qualify under subsection (3) of this section, the judge shall impose a sentence within the standard range and may recommend that the offender serve the sentence at a work ethic camp.  The sentence shall provide that if the offender successfully completes the program, the department shall convert the period of work ethic camp confinement at the rate of one day of work ethic camp confinement to three days of total standard confinement.  The court shall also provide that upon completion of the work ethic camp program, the offender shall be released on community custody for any remaining time of total confinement.  The department may identify offenders who are eligible for the work ethic camp and, with concurrence from the sentencing judge, may refer the offender to the work ethic camp and adjust time served and community custody requirements as prescribed in this section.

    (3) The department shall place the offender in the work ethic camp program, subject to capacity, unless (a) the department determines that the offender has physical or mental impairments that would prevent participation and completion of the program, (b) the department determines that the offender's custody level prevents placement in the program, or (c) the offender refuses to agree to the terms and conditions of the program.

    (4) An inmate who fails to complete the work ethic camp program, who is administratively terminated from the program, or who otherwise violates any conditions of supervision, as defined by the department, shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing judge and shall be subject to all rules relating to earned early release time.

    (5) ((The length of the work ethic camp program shall be at least one hundred twenty days and not more than one hundred eighty days.  Because of the conversion ratio, earned early release time shall not accrue to offenders who successfully complete the program.

    (6))) During the last two weeks prior to release from the work ethic camp program the department shall provide the offender with comprehensive transition training."

ESB 5204 - H COMM AMD

By Committee on Corrections

    On page 1, line 1 of the title, after "camps;" strike the remainder of the title and insert "and amending RCW 9.94A.137."

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