AN ACT
Relating to using juvenile serious violent offenses as criminal history for
purposes of adult sentencing; amending RCW 9.94A.030; and reenacting and
amending RCW 9.94A.360.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9.94A.360 and 1992 c 145 s 10 and 1992 c 75 s 4 are each reenacted and amended
to read as follows:
The
offender score is measured on the horizontal axis of the sentencing grid. The
offender score rules are as follows:
The
offender score is the sum of points accrued under this section rounded down to
the nearest whole number.
(1) A
prior conviction is a conviction which exists before the date of sentencing for
the offense for which the offender score is being computed. Convictions
entered or sentenced on the same date as the conviction for which the offender
score is being computed shall be deemed "other current offenses"
within the meaning of RCW 9.94A.400.
(2)
Except as provided in subsection (4) of this section, class A and sex prior
felony convictions shall always be included in the offender score. Class B
prior felony convictions other than sex offenses shall not be included in the
offender score, if since the last date of release from confinement (including
full-time residential treatment) pursuant to a felony conviction, if any, or
entry of judgment and sentence, the offender had spent ten consecutive years in
the community without being convicted of any felonies. Class C prior felony
convictions other than sex offenses shall not be included in the offender score
if, since the last date of release from confinement (including full-time
residential treatment) pursuant to a felony conviction, if any, or entry of
judgment and sentence, the offender had spent five consecutive years in the
community without being convicted of any felonies. Serious traffic convictions
shall not be included in the offender score if, since the last date of release
from confinement (including full-time residential treatment) pursuant to a felony
conviction, if any, or entry of judgment and sentence, the offender spent five
years in the community without being convicted of any serious traffic or felony
traffic offenses. This subsection applies to both adult and juvenile prior
convictions.
(3)
Out-of-state convictions for offenses shall be classified according to the
comparable offense definitions and sentences provided by Washington law.
(4)
Always include juvenile convictions for sex offenses and serious violent
offenses. Include other class A juvenile felonies only if the offender was
15 or older at the time the juvenile offense was committed. Include other
class B and C juvenile felony convictions only if the offender was 15 or older
at the time the juvenile offense was committed and the offender was less than
23 at the time the offense for which he or she is being sentenced was
committed.
(5)
Score prior convictions for felony anticipatory offenses (attempts, criminal
solicitations, and criminal conspiracies) the same as if they were convictions
for completed offenses.
(6) In
the case of multiple prior convictions, for the purpose of computing the
offender score, count all convictions separately, except:
(a)
Prior adult offenses which were found, under RCW 9.94A.400(1)(a), to encompass
the same criminal conduct, shall be counted as one offense, the offense that
yields the highest offender score. The current sentencing court shall
determine with respect to other prior adult offenses for which sentences were
served concurrently whether those offenses shall be counted as one offense or
as separate offenses, and if the court finds that they shall be counted as one
offense, then the offense that yields the highest offender score shall be used;
(b)
Juvenile prior convictions entered or sentenced on the same date shall count as
one offense, the offense that yields the highest offender score, except for
juvenile prior convictions for violent offenses with separate victims, which
shall count as separate offenses; and
(c) In
the case of multiple prior convictions for offenses committed before July 1,
1986, for the purpose of computing the offender score, count all adult
convictions served concurrently as one offense, and count all juvenile
convictions entered on the same date as one offense. Use the conviction for
the offense that yields the highest offender score.
(7) If
the present conviction is one of the anticipatory offenses of criminal attempt,
solicitation, or conspiracy, count each prior conviction as if the present
conviction were for a completed offense.
(8) If
the present conviction is for a nonviolent offense and not covered by
subsection (12) or (13) of this section, count one point for each adult prior
felony conviction and one point for each juvenile prior violent felony
conviction and 1/2 point for each juvenile prior nonviolent felony conviction.
(9) If
the present conviction is for a violent offense and not covered in subsection
(10), (11), (12), or (13) of this section, count two points for each prior
adult and juvenile violent felony conviction, one point for each prior adult
nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent
felony conviction.
(10)
If the present conviction is for Murder 1 or 2, Assault 1, Assault of a Child
1, Kidnaping 1, Homicide by Abuse, or Rape 1, count three points for prior
adult and juvenile convictions for crimes in these categories, two points for
each prior adult and juvenile violent conviction (not already counted), one
point for each prior adult nonviolent felony conviction, and 1/2 point for each
prior juvenile nonviolent felony conviction.
(11)
If the present conviction is for Burglary 1, count prior convictions as in
subsection (9) of this section; however count two points for each prior adult
Burglary 2 or residential burglary conviction, and one point for each prior
juvenile Burglary 2 or residential burglary conviction.
(12)
If the present conviction is for a felony traffic offense count two points for
each adult or juvenile prior conviction for Vehicular Homicide or Vehicular
Assault; for each felony offense or serious traffic offense, count one point
for each adult and 1/2 point for each juvenile prior conviction.
(13)
If the present conviction is for a drug offense count three points for each
adult prior felony drug offense conviction and two points for each juvenile
drug offense. All other adult and juvenile felonies are scored as in
subsection (9) of this section if the current drug offense is violent, or as in
subsection (8) of this section if the current drug offense is nonviolent.
(14)
If the present conviction is for Willful Failure to Return from Furlough, RCW
72.66.060, Willful Failure to Return from Work Release, RCW 72.65.070, or
Escape from Community Custody, RCW 72.09.310, count only prior escape
convictions in the offender score. Count adult prior escape convictions as one
point and juvenile prior escape convictions as 1/2 point.
(15)
If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW
9A.76.120, count adult prior convictions as one point and juvenile prior
convictions as 1/2 point.
(16)
If the present conviction is for Burglary 2 or residential burglary, count
priors as in subsection (8) of this section; however, count two points for each
adult and juvenile prior Burglary 1 conviction, two points for each adult prior
Burglary 2 or residential burglary conviction, and one point for each juvenile
prior Burglary 2 or residential burglary conviction.
(17)
If the present conviction is for a sex offense, count priors as in subsections
(8) through (16) of this section; however count three points for each adult and
juvenile prior sex offense conviction.
(18)
If the present conviction is for an offense committed while the offender was
under community placement, add one point.
Sec.
2. RCW
9.94A.030 and 1994 c 261 s 16 are each 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 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 16.52.200(6) or
46.61.524. For first-time offenders, the supervision may include crime-related
prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For
purposes of the interstate compact for out-of-state supervision of parolees and
probationers, RCW 9.95.270, community supervision is the functional equivalent
of probation and should be considered the same as probation by other states.
(8)
"Confinement" means total or partial confinement as defined in this
section.
(9)
"Conviction" means an adjudication of guilt pursuant to Titles 10 or
13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of
a plea of guilty.
(10)
"Court-ordered legal financial obligation" means a sum of money that
is ordered by a superior court of the state of Washington for legal financial
obligations which may include restitution to the victim, statutorily imposed
crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court
costs, county or interlocal drug funds, court-appointed attorneys' fees, and
costs of defense, fines, and any other financial obligation that is assessed to
the offender as a result of a felony conviction. Upon conviction for vehicular
assault while under the influence of intoxicating liquor or any drug, RCW
46.61.522(1)(b), or vehicular homicide while under the influence of
intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial
obligations may also include payment to a public agency of the expense of an
emergency response to the incident resulting in the conviction, subject to the
provisions in RCW 38.52.430.
(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 serious violent 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(9); (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)
"Department" means the department of corrections.
(14)
"Determinate sentence" means a sentence that states with exactitude
the number of actual years, months, or days of total confinement, of partial
confinement, of community supervision, the number of actual hours or days of
community service work, or dollars or terms of a legal financial obligation.
The fact that an offender through "earned early release" can reduce
the actual period of confinement shall not affect the classification of the
sentence as a determinate sentence.
(15)
"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)
"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)
"Escape" means:
(a)
Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW
9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful
failure to return from work release (RCW 72.65.070), or willful failure to be
available for supervision by the department while in community custody (RCW
72.09.310); or
(b)
Any federal or out-of-state conviction for an offense that under the laws of
this state would be a felony classified as an escape under (a) of this
subsection.
(18)
"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)
"Fines" means the requirement that the offender pay a specific sum of
money over a specific period of time to the court.
(20)(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 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 and serious violent offenses.
(21)
"Most serious offense" means any of the following felonies or a
felony attempt to commit any of the following felonies, as now existing or
hereafter amended:
(a)
Any felony defined under any law as a class A felony or criminal solicitation
of or criminal conspiracy to commit a class A felony;
(b)
Assault in the second degree;
(c)
Assault of a child in the second degree;
(d)
Child molestation in the second degree;
(e)
Controlled substance homicide;
(f)
Extortion in the first degree;
(g)
Incest when committed against a child under age fourteen;
(h)
Indecent liberties;
(i)
Kidnapping in the second degree;
(j)
Leading organized crime;
(k)
Manslaughter in the first degree;
(l)
Manslaughter in the second degree;
(m)
Promoting prostitution in the first degree;
(n)
Rape in the third degree;
(o)
Robbery in the second degree;
(p)
Sexual exploitation;
(q)
Vehicular assault;
(r)
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;
(s)
Any other class B felony offense with a finding of sexual motivation, as
"sexual motivation" is defined under this section;
(t)
Any other felony with a deadly weapon verdict under RCW 9.94A.125;
(u)
Any felony offense in effect at any time prior to December 2, 1993, that is comparable
to a most serious offense under this subsection, or any federal or out-of-state
conviction for an offense that under the laws of this state would be a felony
classified as a most serious offense under this subsection.
(22)
"Nonviolent offense" means an offense which is not a violent offense.
(23)
"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.
(24)
"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.
(25)
"Persistent offender" is an offender who:
(a)
Has been convicted in this state of any felony considered a most serious
offense; and
(b)
Has, before the commission of the offense under (a) of this subsection, been
convicted as an offender on at least two separate occasions, whether in this
state or elsewhere, of felonies that under the laws of this state would be
considered most serious offenses and would be included in the offender score
under RCW 9.94A.360; provided that of the two or more previous convictions, at
least one conviction must have occurred before the commission of any of the other
most serious offenses for which the offender was previously convicted.
(26)
"Postrelease supervision" is that portion of an offender's community
placement that is not community custody.
(27)
"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.
(28)
"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.
(29)
"Serious violent offense" is a subcategory of violent offense and
means:
(a)
Murder in the first degree, homicide by abuse, murder in the second degree,
assault in the first degree, kidnapping in the first degree, or rape in the
first degree, assault of a child in the first degree, or an attempt, criminal
solicitation, or criminal conspiracy to commit one of these felonies; or
(b)
Any federal or out-of-state conviction for an offense that under the laws of
this state would be a felony classified as a serious violent offense under (a) of
this subsection.
(30)
"Sentence range" means the sentencing court's discretionary range in
imposing a nonappealable sentence.
(31)
"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.
(32)
"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.
(33)
"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.
(34)
"Transition training" means written and verbal instructions and
assistance provided by the department to the offender during the two weeks
prior to the offender's successful completion of the work ethic camp program.
The transition training shall include instructions in the offender's
requirements and obligations during the offender's period of community custody.
(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.
(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,
assault of a child in the second degree, extortion in the first degree, robbery
in the second degree, vehicular assault, and vehicular homicide, when
proximately caused by the driving of any vehicle by any person while under the
influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by
the operation of any vehicle in a reckless manner;
(b)
Any conviction for a felony offense in effect at any time prior to July 1,
1976, that is comparable to a felony classified as a violent offense in (a) of
this subsection; and
(c)
Any federal or out-of-state conviction for an offense that under the laws of
this state would be a felony classified as a violent offense under (a) or (b)
of this subsection.
(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 have minimal negative impact on existing private industries
or the labor force in the county where the service or labor is performed. The
civic improvement tasks shall not affect employment opportunities for people
with developmental disabilities contracted through sheltered workshops as
defined in RCW 82.04.385. Only those offenders sentenced to a facility
operated or utilized under contract by a county or the state are eligible to
participate on a work crew. Offenders sentenced for a sex offense as defined
in subsection (31) of this section are not eligible for the work crew program.
(38)
"Work ethic camp" means an alternative incarceration program designed
to reduce recidivism and lower the cost of corrections by requiring offenders
to complete a comprehensive array of real-world job and vocational experiences,
character-building work ethics training, life management skills development,
substance abuse rehabilitation, counseling, literacy training, and basic adult
education.
(39)
"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.
(40)
"Home detention" means a program of partial confinement available to
offenders wherein the offender is confined in a private residence subject to
electronic surveillance. Home detention may not be imposed for offenders
convicted of a violent offense, any sex offense, any drug offense, reckless
burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050,
assault in the third degree as defined in RCW 9A.36.031, assault of a child in
the third degree, unlawful imprisonment as defined in RCW 9A.40.040, or
harassment as defined in RCW 9A.46.020. Home detention may be imposed for
offenders convicted of possession of a controlled substance (RCW 69.50.401(d))
or forged prescription for a controlled substance (RCW 69.50.403) if the offender
fulfills the participation conditions set forth in this subsection and is
monitored for drug use by treatment alternatives to street crime (TASC) or a
comparable court or agency-referred program.
(a)
Home detention may be imposed for offenders convicted of burglary in the second
degree as defined in RCW 9A.52.030 or residential burglary conditioned upon the
offender: (i) Successfully completing twenty-one days in a work release
program, (ii) having no convictions for burglary in the second degree or
residential burglary during the preceding two years and not more than two prior
convictions for burglary or residential burglary, (iii) having no convictions
for a violent felony offense during the preceding two years and not more than
two prior convictions for a violent felony offense, (iv) having no prior
charges of escape, and (v) fulfilling the other conditions of the home
detention program.
(b)
Participation in a home detention program shall be conditioned upon: (i) The
offender obtaining or maintaining current employment or attending a regular
course of school study at regularly defined hours, or the offender performing
parental duties to offspring or minors normally in the custody of the offender,
(ii) abiding by the rules of the home detention program, and (iii) compliance
with court-ordered legal financial obligations. The home detention program may
also be made available to offenders whose charges and convictions do not
otherwise disqualify them if medical or health-related conditions, concerns or
treatment would be better addressed under the home detention program, or where
the health and welfare of the offender, other inmates, or staff would be
jeopardized by the offender's incarceration. Participation in the home
detention program for medical or health-related reasons is conditioned on the
offender abiding by the rules of the home detention program and complying with
court-ordered restitution.
