5006-S AMS STEV S4232.1

SSB 5006 - S AMD - 566

By Senator Stevens

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  Since passage of the sentencing reform act of 1981, the legislature has recognized that certain offenders should be subject to supervision after release from prison.  Also, the determinate sentencing system has been criticized for releasing offenders at the end of their sentence even if they continue to pose a substantial threat to public safety.  In regard to sex offenders, more information may be known about the offender at the time of release from prison than was known by the judge at the time of sentencing.  The legislature finds that in order to further enhance public safety and reduce recidivism by sex offenders, the sentencing reform act should be revised to require consideration of the future dangerousness of sex offenders before their release from prison.  Also, the authority to impose, monitor, and enforce conditions on the release of a sex offender should be enhanced.

    Sec. 2.  RCW 9.94A.120 and 1997 c 340 s 2, 1997 c 338 s 4, 1997 c 144 s 2, 1997 c 121 s 2, and 1997 c 69 s 1 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), (6), and (8) 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 persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law.  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.  An offender convicted of the crime of assault in the first degree or assault of a child 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.  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.  The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section.  In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned early release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (5), (7), or (8), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except in the case of an offender in need of emergency medical treatment or for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree.

    (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.

    (6)(a) An offender is eligible for the special drug offender sentencing alternative if:

    (i) The offender is convicted of 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 a felony that is, under chapter 9A.28 RCW or RCW 69.50.407, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes, and the violation does not involve a sentence enhancement under RCW 9.94A.310 (3) or (4);

    (ii) The offender has no prior convictions for a felony in this state, another state, or the United States; and

    (iii) The offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance.

    (b) If the midpoint of the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range.  During incarceration in the state facility, offenders sentenced under this subsection shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender.  The treatment services shall be designed by the division of alcohol and substance abuse of the department of social and health services, in cooperation with the department of corrections.  If the midpoint of the standard range is twenty-four months or less, no more than three months of the sentence may be served in a work release status.  The court shall also impose one year of concurrent community custody and community supervision that must include appropriate outpatient substance abuse treatment, crime-related prohibitions including a condition not to use illegal controlled substances, and a requirement to submit to urinalysis or other testing to monitor that status.  The court may require that the monitoring for controlled substances be conducted by the department or by a treatment alternatives to street crime program or a comparable court or agency-referred program.  The offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring.  In addition, the court shall impose three or more of the following conditions:

    (i) Devote time to a specific employment or training;

    (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;

    (iii) Report as directed to a community corrections officer;

    (iv) Pay all court-ordered legal financial obligations;

    (v) Perform community service work;

    (vi) Stay out of areas designated by the sentencing judge.

    (c) If the offender violates any of the sentence conditions in (b) of this subsection, the department shall impose sanctions administratively, with notice to the prosecuting attorney and the sentencing court.  Upon motion of the court or the prosecuting attorney, a violation hearing shall be held by the court.  If the court finds that conditions have been willfully violated, the court may impose confinement consisting of up to the remaining one-half of the midpoint of the standard range.  All total confinement served during the period of community custody shall be credited to the offender, regardless of whether the total confinement is served as a result of the original sentence, as a result of a sanction imposed by the department, or as a result of a violation found by the court.  The term of community supervision shall be tolled by any period of time served in total confinement as a result of a violation found by the court.

    (d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents.  These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission.

    (7) 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.  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.

    (8)(a)(i) When an offender is convicted of any sex offense, the court shall impose a sentence that consists of a maximum term which shall be the maximum sentence provided by RCW 9A.20.021 for the offense, and a minimum term of confinement which shall be within the standard range for the offense, except that the minimum term may be outside the standard sentence range if the court finds justification to impose an exceptional sentence as provided in subsection (2) of this section.  The court shall also order the offender to be on community supervision or community placement for the length of the maximum sentence.

(ii)  Except for offenders sentenced under the special sex offender sentencing alternative, offenders sentenced to twelve or more months shall not be released from custody until the board has determined that the offender may be released.  At least sixty days before the expiration of the offender's minimum term of confinement, minus any earned early release credits, the board shall review each offender's case and make a determination of whether the offender will be released or retained in confinement.

(iii) Offenders sentenced to twelve months or less shall be released upon completion of the minimum term of confinement and shall remain on community supervision until expiration of the maximum term.  If the offender is found by the sentencing court to have violated any of the conditions of community supervision, the court may sentence the offender to serve total confinement as follows:

(A) Up to sixty days confinement in the county jail for each violation; or

(B) The court may sentence the offender to total confinement for the maximum sentence allowed by statute for the offense.  The court shall also establish a minimum term of confinement for the offender.  The offender shall have credit for confinement time previously served for the offense or for violations of community supervision established for that offense.  This sentence shall be served in total confinement in a facility or institution operated, or used under contract, by the state.  After serving the minimum term imposed by the court, the offender shall be subject to the jurisdiction of the board which shall determine whether the offender should be released.

(b)(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 sex 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)) that consists of a maximum term and a minimum term as provided in (a)(i) of this subsection.  If ((this sentence)) the minimum term is less than eleven years of confinement, the court may suspend the execution of the ((sentence)) minimum term and impose the following conditions of suspension:

    (A) The court shall place the defendant on community custody for the length of the ((suspended)) maximum sentence ((or three years, whichever is greater,)) and require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section;

    (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; and

    (C) Sex offenders sentenced under this special sex offender sentencing alternative are not eligible to accrue any earned early release time while serving a suspended sentence.

    (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 custody, and either (B) terminate treatment, or (C) extend treatment for up to the ((remaining period of community custody)) maximum sentence.

    (v) If a violation of conditions occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.205(2)(a) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in (((a))) (b)(vi) of this subsection.

    (vi) The court may revoke the suspended ((sentence)) minimum term at any time ((during the period of community custody)) before the expiration of the maximum sentence 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 custody shall be credited to the offender if the suspended sentence is revoked.

    (vii) If an offender's suspended minimum term is revoked, the offender shall be required to serve the minimum term established by the court in total confinement.  The offender shall become subject to the jurisdiction of the board which shall determine whether the offender may be released upon completion of the minimum term.

(viii) Except as provided in (((a)(viii))) (b)(ix) of this subsection, 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.

    (((viii))) (ix) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (8) does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that:  (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (8) and the rules adopted by the department of health.

    (((ix))) (x) For purposes of this subsection (8), "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.

    (((x))) (xi) If the defendant was less than eighteen years of age when the charge was filed, the state shall pay for the cost of initial evaluation and treatment.

    (((b))) (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 or her community supervision term in confinement in the custody of the department of corrections.

    Nothing in this subsection (8)(((b))) (c) shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987.  This subsection (8)(((b))) (c) does not apply to any crime committed after July 1, 1990.

    (((c))) (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.

    (9)(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, assault of a child 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 not sentenced under subsection (6) of this section, committed on or after July 1, 1988, 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 committed on or after July 1, 1990, but before June 6, 1996, a serious violent offense, vehicular homicide, or vehicular assault, 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 possess or consume controlled substances except pursuant to lawfully issued prescriptions;

    (iv) The offender shall pay supervision fees as determined by the department of corrections;

    (v) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement; and

    (vi) The offender shall submit to affirmative acts necessary to monitor compliance with the orders of the court as required by the department.

    (c) As a part of any sentence imposed under (a) or (b) of this subsection, 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 offender shall comply with any crime-related prohibitions; or

    (vi) For an offender convicted of a felony sex offense against a minor victim after June 6, 1996, the offender shall comply with any terms and conditions of community placement imposed by the department of corrections relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.

    (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.

    (10)(a) When a court sentences a person to the custody of the department of corrections for an offense categorized as a sex offense committed on or after June 6, 1996, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three 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 custody 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).

    (b) Unless a condition is waived by the court, the terms of community custody shall be the same as those provided for in subsection (9)(b) of this section and may include those provided for in subsection (9)(c) of this section.  As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section.

    (c) At any time prior to the completion of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody.  If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040.

    (11) 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.

    (12) 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 for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement.  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 unless the superior court extends the criminal judgment an additional ten years.  If the legal financial obligations including crime victims' assessments are not paid during the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years as provided in RCW 9.94A.140, 9.94A.142, and 9.94A.145.  If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period.  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.

    (13) 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.

    (14) All offenders sentenced to terms involving community supervision, community service, community placement, or legal financial obligation shall be under the supervision of the department of corrections and shall follow explicitly the instructions and conditions of the department of corrections.  The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the conditions of the sentence imposed.

    (a) The instructions shall include, at a minimum, 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.

    (b) For offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (a) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals.  The conditions authorized under this subsection (14)(b) may be imposed by the department prior to or during an offender's community custody term.  If a violation of conditions imposed by the court or the department pursuant to subsection (10) of this section occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.207 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.205.  At any time prior to the completion of a sex offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to subsection (10) of this section be continued beyond the expiration of the offender's term of community custody as authorized in subsection (10)(c) of this section.

    The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay.  The department may pay for these services for offenders who are not able to pay.

    (15) 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.

    (16) 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.

    (17) 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).

    (18) 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.

    (19) 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.

    (20) 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.

    (21) 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.

NEW SECTION. Sec. 3.  The board is authorized to:

    (1) Review sentences of offenders convicted of a sex offense that results in total confinement in prison, including offenders who were sentenced under the special sex offender sentencing alternative whose suspended minimum term was revoked, to determine whether the offender should be released upon completion of the minimum sentence or if the offender should remain in custody;

    (2) Establish conditions of release for any offenders who are released;

    (3) Establish procedures to determine if an offender has violated conditions of release, and impose sanctions for such violations; and

    (4) Establish procedures for periodic review of offenders who remain in confinement beyond the minimum term of confinement.

NEW SECTION. Sec. 4.  The board shall meet at department of corrections' institutions at such times as may be necessary for a full and complete study of the cases of all sex offenders whose durations of confinement are to be determined by it or whose applications for release come before it.  Other times and places of meetings may also be fixed by the board.

    The superintendents of the different correctional institutions shall provide suitable quarters for the board while in the discharge of its duties.

NEW SECTION. Sec. 5.  (1) When deciding whether an offender should be released, the board shall give public safety considerations the highest priority.  An offender shall not be released unless the board finds that the offender's risk to the community can be reasonably managed under release conditions established by the board.  All relevant information shall be considered by the board, including but not limited to, information relating to:

    (a) The number and severity of the sex offenses and violent offenses committed by the offender;

    (b) Whether the offender has a history of substance abuse, the extent of any such abuse, and the offender's performance in any substance abuse treatment;

    (c) Whether the offender has an adequate plan for his or her residence and employment upon release;

    (d) The offender's performance in any sex offender treatment, refusal to participate in treatment, or lack of amenability to treatment;

    (e) The offender's future dangerousness;

    (f) Infractions committed by the offender while in the custody of the department; and

    (g) Any other relevant information.

    (2) The board shall not consider in any way factors relating to prison population or prison overcrowding when deciding whether to release a sex offender.

NEW SECTION. Sec. 6.  (1) At the time the sex offender is transported to the custody of the department of corrections, the prosecuting attorney shall provide the board a statement of all the facts concerning the offender's crime and any other information the prosecuting attorney has about the offender.

    (2) The statement shall be signed by the prosecuting attorney and approved by the sentencing judge and shall be delivered to the sheriff, traveling guard, department of corrections personnel, or other officer executing the sentence, and a copy of the statement shall be furnished to the defendant or his or her attorney.  The officer shall deliver the statement, at the time of the offender's commitment, to the superintendent of the institution to which the offender has been sentenced.  The superintendent shall make the statement available for use by the board.

NEW SECTION. Sec. 7. If a sex offender under the jurisdiction of the board serving a sentence in a state correctional facility commits any infractions of the rules and regulations of the institution, the board may revoke any order determining the length of time the offender shall be imprisoned, including the forfeiture of all or a portion of credits earned, pursuant to RCW 9.94A.150, and make a new order determining the length of time the offender shall serve, not exceeding the maximum penalty provided by law for the crime for which the offender was convicted.  Revocation and redetermination shall not be had except upon a hearing before the board.  At the hearing the sex offender shall be present and entitled to be heard and may present evidence and witnesses in his or her behalf.

NEW SECTION. Sec. 8.  At the time of release of a sex offender, the board shall establish conditions of release.  When establishing the conditions of release, the board shall consider any recommendations for release conditions made by the department, the sentencing court, or the prosecutor.  At a minimum, the offender shall be required to comply with the following:

    (1) No law violations;

    (2) No illegal drug use;

    (3) Report as required to the department; and

    (4) No contact with any victims or witnesses except as specifically allowed by the board.

NEW SECTION. Sec. 9.  (1) Whenever the board or a community corrections officer of this state has reason to believe a sex offender has violated a condition of his or her release, the law of any state, or the rules and regulations of the board, any community corrections officer may arrest or cause the arrest and detention and suspension of release of the offender pending a determination by the board whether the release shall be revoked.  All facts and circumstances surrounding the violation by the offender shall be reported to the board by the community corrections officer, with recommendations.  The board, after consultation with the secretary of corrections, shall make rules concerning procedural matters, including the time when community corrections officers shall file with the board reports required by this section.

    (2) On the basis of the report by the community corrections officer, or at any time upon its own discretion, the board may revise or modify the conditions of release or order the revocation of release by the issuance of a written order.  The order shall be sufficient warrant for all peace officers to take into custody any offender who may be on release and retain the offender in their custody until arrangements can be made by the board for the offender's return to a state correctional institution.  Any revision or modification of the conditions of release or the order revoking release shall be personally served upon the offender.

    (3) Any offender arrested and detained in physical custody by the authority of a community corrections officer, or upon the written order of the board, shall not be released from custody on bail or personal recognizance, except upon approval of the board and the issuance by the board of an order of reinstatement on release on the same or modified conditions of release.

    (4) Whenever a released sex offender is accused of a violation of his or her release, other than conviction for a felony or misdemeanor under the laws of this state or the laws of any other state, the offender is entitled to a fair and impartial hearing on the violations within thirty days from the time the offender is served with notice of the violation of conditions of release.  The hearing shall be held before one or more members of the board at a place or places within this state and reasonably near the site of the alleged violation.

    (5) In the event that the board revokes a release by reason of an alleged violation or pending the disposition of a new criminal charge, the board may nullify the order of revocation and release the offender under previous conditions or any new conditions that the board may determine advisable.  Before the board may nullify an order of revocation and release an offender, the board must determine that the interests of society and the individual are best served by such release rather than a return to total confinement.

NEW SECTION. Sec. 10.  Within fifteen days from the date of notice to the department of corrections of the arrest and detention of a sex offender alleged to have violated conditions of release, the offender, shall be personally served by a community corrections officer with a copy of the factual allegations of the violation of the conditions of release, and, at the same time shall be advised of his or her right to an on-site release revocation hearing and other rights and privileges as provided in sections 9 through 15 of this act.  The offender, after service of the allegations of violations of the conditions of release and the advice of rights may waive the on-site release revocation hearing, and admit one or more of the alleged violations.  If the board accepts the waiver it shall either, (1) reinstate the offender's release under the same or modified conditions, or (2) revoke the release of the offender and return the offender to state custody.  A determination of a new minimum sentence shall be made within thirty days of return to state custody which shall not exceed the maximum sentence as provided by law for the crime of which the offender was originally convicted.

    If the waiver made by the offender is rejected by the board it shall hold an on-site release revocation hearing under sections 9 through 15 of this act.

NEW SECTION. Sec. 11.  At any on-site release revocation hearing the offender is entitled to be represented by an attorney of the offender's choosing and at the offender's expense.  Upon the presentation of satisfactory evidence of indigency and the request for the appointment of an attorney, the board shall cause the appointment of an attorney to represent the offender to be paid for at state expense.  The board may assume all or such other expenses in the presentation of evidence on behalf of the offender as it deems appropriate.  Attorneys for the representation of sex offenders in on-site hearings shall be appointed by the superior courts for the counties wherein the on-site hearing is to be held.  The attorneys shall be compensated in the manner and amount as is fixed in a schedule of fees adopted by rule of the board.

NEW SECTION. Sec. 12.  (1) In conducting on-site release revocation hearings, the board may administer oaths and affirmations, examine witnesses, receive evidence, and issue subpoenas for the compulsory attendance of witnesses and the production of evidence for presentation at such hearings.  Subpoenas issued by the board shall be effective throughout the state.  Witnesses in attendance at any on-site hearing shall be paid the same fees as provided for witnesses in chapter 2.40 RCW.

    (2) If any person fails or refuses to obey a subpoena issued by the board, or obeys the subpoena but refuses to testify concerning any matter under examination at the hearing, the board may petition the superior court of the county where the hearing is being conducted for enforcement of the subpoena.  The petition shall be accompanied by a copy of the subpoena and proof of service, and shall state specifically how the subpoena has not been complied with, and shall ask an order of the court to compel the witness to appear and testify before the board.  The court, upon such petition, shall enter an order directing the witness to appear before the court at a time and place to be fixed in the order to show cause why he or she has not responded to the subpoena or has refused to testify.  A copy of the order shall be served upon the witness.  If it appears to the court that the subpoena was properly issued and that the particular questions the witness refuses to answer are reasonable and relevant, the court shall enter an order that the witness appear at the time and place fixed in the order and testify or produce the required papers.  Upon failure to obey the order, the witness may be found in contempt of court.

NEW SECTION. Sec. 13.  (1) At all on‑site release revocation hearings the community corrections officers of the department of corrections, having made the allegations of the violations of the conditions of release, may be represented by the attorney general.  The attorney general may make independent recommendations to the board about whether the violations constitute sufficient cause for the revocation of the release and the return of the sex offender to total confinement.

    (2) The hearings shall be open to the public unless the board for specifically stated reasons closes the hearing in whole or in part.  The hearings shall be recorded either manually or by a mechanical recording device.  The offender may be requested to testify and any such testimony shall not be used against him or her in any criminal prosecution.

    (3) The board shall adopt rules governing the procedures authorized by this chapter and make rules of practice before the board in on‑site release revocation hearings, together with forms and instructions.

NEW SECTION. Sec. 14.  After the on‑site release revocation hearing has been concluded, the members of the board having heard the matter shall enter their decision of record within ten days, and make findings and conclusions upon the allegations of the violations of the conditions of release.  If the member, or members having heard the matter, should conclude that the allegations have not been proven by a preponderance of the evidence, or, those which have been proven by a preponderance of the evidence are not sufficient cause for the revocation of release, then the release shall be reinstated on the same or modified conditions of release.  For violations not resulting in new convictions, modified conditions of release may include sanctions according to an administrative sanction grid.  If the member or members having heard the matter should conclude that the allegations have been proven by a preponderance of the evidence and constitute sufficient cause for the revocation of release, then such member or members shall enter an order of release revocation and return the offender to state custody.  Within thirty days of the return of the offender to a state correctional institution the board shall enter an order determining a new minimum term not exceeding the maximum penalty provided by law for the crime for which the offender was originally convicted.

NEW SECTION. Sec. 15.  All officers and employees of the state, counties, cities and political subdivisions of this state shall cooperate with the board in making available suitable facilities for conducting release revocation hearings.

NEW SECTION. Sec. 16.  After the revocation of the release of any sex offender and until his or her return to custody, the offender shall be deemed an escapee and a fugitive from justice.  The board may deny credit against the maximum sentence for any time during which the offender is an escapee and a fugitive from justice.

NEW SECTION. Sec. 17.  The board shall keep a complete record of every sex offender under the jurisdiction of the board.  The records shall be organized so that there will always be complete information about each offender immediately available.  The board may make rules as to the privacy of the records and their use by others than the board and its staff.  The board shall be immune from liability for the release of information concerning sex offenders as provided in RCW 4.24.550.

    The superintendents of state correctional facilities and all officers and employees thereof and all other public officials shall cooperate with the board and furnish to the board, its officers, and employees case files, investigation reports, or other information as may be necessary to enable it to perform its functions.  Such superintendents and other employees shall at all times give the members of the board, its officers, and employees free access to all sex offenders confined in the state correctional facilities.

    In addition to any other information required to be released under this chapter, the board may, pursuant to RCW 4.24.550, release information concerning offenders under the jurisdiction of the board who are convicted of sex offenses as defined in RCW 9.94A.030.

NEW SECTION. Sec. 18.  The board shall make all necessary rules to carry out the provisions of sections 3 through 20 of this act, and may provide the forms of all necessary documents.

NEW SECTION. Sec. 19.  The board may deputize any person regularly employed by another state to act as an officer and agent of this state in effecting the return of any sex offender who has violated the conditions of release as granted by this state.  In any matter relating to the return of the offender, any agent so deputized shall have all the powers of a police officer of this state.

    Any deputization shall be in writing and the person deputized shall carry formal evidence of his or her deputization and shall produce the same upon demand.

NEW SECTION. Sec. 20.  The board may enter into contracts with similar officials of any other state or states for the purpose of sharing an equitable portion of the cost of effecting the return of any sex offender who has violated the terms and conditions of release as granted by this state.

    Sec. 21.  RCW 72.04A.070 and 1981 c 136 s 82 are each amended to read as follows:

    The ((secretary)) department of corrections shall ((cause to be prepared)) prepare plans and recommendations for the conditions of supervision under which each inmate of any state penal institutions who is eligible for parole or release may be released from custody.  Such plans and recommendations shall be submitted to the indeterminate sentence review board ((of prison terms and paroles which)).  The board may((, at its discretion,)) approve, reject, ((or)) revise, or amend ((such)) the plans and recommendations ((for the conditions of supervision of release of inmates on parole,)) and((, in addition,)) the board may stipulate any special conditions of supervision to be carried out by a ((probation and parole)) community corrections officer.

    Sec. 22.  RCW 72.04A.080 and 1981 c 136 s 83 are each amended to read as follows:

    Each inmate hereafter released on parole and each sex offender released by the indeterminate sentence review board shall be subject to the supervision of the department of corrections, and the ((probation and parole)) community corrections officers of the department shall be charged with the preparation of progress reports of parolees or sex offenders and to give guidance and supervision to such parolees and sex offenders within the conditions of a parolee's or sex offender's release from custody.  Copies of all progress reports prepared by the ((probation and parole)) community corrections officers shall be supplied to the indeterminate sentence review board ((of prison terms and paroles for their files and records)).

    Sec. 23.  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) For a class B+ felony, by confinement in a state correctional institution for a term of twenty years, or by a fine in an amount fixed by the court of thirty thousand dollars, or by both such confinement and fine;

(c) 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))) (d) 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. 24.  RCW 9A.44.060 and 1979 ex.s. c 244 s 3 are each amended to read as follows:

    (1) A person is guilty of rape in the third degree when, under circumstances not constituting rape in the first or second degrees, such person engages in sexual intercourse with another person, not married to the perpetrator:

    (a) Where the victim did not consent, as defined in RCW ((9A.44.010(6))) 9A.44.010, to sexual intercourse with the perpetrator and such lack of consent was clearly expressed by the victim's words or conduct, or

    (b) Where there is threat of substantial unlawful harm to property rights of the victim.

    (2) Rape in the third degree is a class ((C)) B felony.

    Sec. 25.  RCW 9A.44.079 and 1988 c 145 s 4 are each amended to read as follows:

    (1) A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.

    (2) Rape of a child in the third degree is a class ((C)) B felony.

    Sec. 26.  RCW 9A.44.086 and 1994 c 271 s 304 are each amended to read as follows:

    (1) A person is guilty of child molestation in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.

    (2) Child molestation in the second degree is a class B+ felony.

    Sec. 27.  RCW 9A.44.089 and 1994 c 271 s 305 are each amended to read as follows:

    (1) A person is guilty of child molestation in the third degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.

    (2) Child molestation in the third degree is a class ((C)) B felony.

    Sec. 28.  RCW 9A.44.100 and 1997 c 392 s 515 are each amended to read as follows:

    (1) A person is guilty of indecent liberties when he knowingly causes another person who is not his spouse to have sexual contact with him or another:

    (a) By forcible compulsion;

    (b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless;

    (c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim;

    (d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination.  It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment;

    (e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or

    (f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim.

    (2) Indecent liberties is a class B+ felony if committed by forcible compulsion under subsection (1)(a) of this section, and a class B felony in all other circumstances.

    Sec. 29.  RCW 9A.64.020 and 1985 c 53 s 1 are each amended to read as follows:

    (1) A person is guilty of incest in the first degree if he engages in sexual intercourse with a person whom he knows to be related to him, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either the whole or the half blood.

    (2) A person is guilty of incest in the second degree if he engages in sexual contact with a person whom he knows to be related to him, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either the whole or the half blood.

    (3) As used in this section, "descendant" includes stepchildren and adopted children under eighteen years of age.

    (4) As used in this section, "sexual contact" has the same meaning as in RCW ((9A.44.100(2))) 9A.44.010.

    (5) As used in this section, "sexual intercourse" has the same meaning as in RCW 9A.44.010(1).

    (6) Incest in the first degree is a class B+ felony.

    (7) Incest in the second degree is a class ((C)) B felony.

    Sec. 30.  RCW 9.41.010 and 1997 c 338 s 46 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

    (2) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand.

    (3) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

    (4) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

    (5) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

    (6) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

    (7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.

    (8) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

    (9) "Loaded" means:

    (a) There is a cartridge in the chamber of the firearm;

    (b) Cartridges are in a clip that is locked in place in the firearm;

    (c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;

    (d) There is a cartridge in the tube or magazine that is inserted in the action; or

    (e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.

    (10) "Dealer" means a person engaged in the business of selling firearms at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a).  A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.

    (11) "Crime of violence" 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, burglary in the second degree, residential burglary, and robbery in the second degree;

    (b) Any conviction for a felony offense in effect at any time prior to June 6, 1996, which is comparable to a felony classified as a crime of violence in (a) of this subsection; and

    (c) Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence under (a) or (b) of this subsection.

    (12) "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 crime of violence;

    (b) Any felony violation of the uniform controlled substances act, chapter 69.50 RCW, that is classified as a class B or B+ felony or that has a maximum term of imprisonment of at least ten years;

    (c) Child molestation in the second degree;

    (d) Incest when committed against a child under age fourteen;

    (e) Indecent liberties;

    (f) Leading organized crime;

    (g) Promoting prostitution in the first degree;

    (h) Rape in the third degree;

    (i) Drive-by shooting;

    (j) Sexual exploitation;

    (k) Vehicular assault;

    (l) 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;

    (m) Any other class B or B+ felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030;

    (n) Any other felony with a deadly weapon verdict under RCW 9.94A.125; or

    (o) Any felony offense in effect at any time prior to June 6, 1996, that is comparable to a serious offense, 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 serious offense.

    (13) "Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020.  "Law enforcement officer" also includes a limited authority Washington peace officer as defined in RCW 10.93.020 if such officer is duly authorized by his or her employer to carry a concealed pistol.

    (14) "Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state.

    (15) "Sell" refers to the actual approval of the delivery of a firearm in consideration of payment or promise of payment of a certain price in money.

    (16) "Barrel length" means the distance from the bolt face of a closed action down the length of the axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to the end of the muzzle.

    (17) "Family or household member" means "family" or "household member" as used in RCW 10.99.020.

    Sec. 31.  RCW 9.94.070 and 1995 c 385 s 1 are each amended to read as follows:

    (1) An inmate of a state correctional institution who is serving a sentence for an offense committed on or after August 1, 1995, commits the crime of persistent prison misbehavior if the inmate knowingly commits a serious infraction, that does not constitute a class A, class B+, or class B felony, after losing all potential earned early release time credit.

    (2) "Serious infraction" means misconduct that has been designated as a serious infraction by department of corrections rules adopted under RCW 72.09.130.

    (3) "State correctional institution" has the same meaning as in RCW 9.94.049.

    (4) The crime of persistent prison misbehavior is a class C felony punishable as provided in RCW 9A.20.021.  The sentence imposed for this crime must be served consecutive to any sentence being served at the time the crime is committed.

    Sec. 32.  RCW 9.94A.030 and 1997 c 365 s 1, 1997 c 340 s 4, 1997 c 339 s 1, 1997 c 338 s 2, 1997 c 144 s 1, and 1997 c 70 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) "Board" means the indeterminate sentence review board created under RCW 9.95.001.

(2) "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))) (3) "Commission" means the sentencing guidelines commission.

    (((3))) (4) "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))) (5) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time or imposed pursuant to RCW 9.94A.120 (6), (8), or (10) served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.

    (((5))) (6) "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))) (7) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.

    (((7))) (8) "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))) (9) "Confinement" means total or partial confinement as defined in this section.

    (((9))) (10) "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))) (11) "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))) (12) "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.  However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.

    (((12))) (13) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere.  The history shall include, where known, for each conviction (a) whether the defendant has been placed on probation and the length and terms thereof; and (b) whether the defendant has been incarcerated and the length of incarceration.

    (((13))) (14) "Day fine" means a fine imposed by the sentencing judge that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

    (((14))) (15) "Day reporting" means a program of enhanced supervision designed to monitor the defendant's daily activities and compliance with sentence conditions, and in which the defendant is required to report daily to a specific location designated by the department or the sentencing judge.

    (((15))) (16) "Department" means the department of corrections.

    (((16))) (17) "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.

    (((17))) (18) "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.

    (((18))) (19) "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.

    (((19))) (20) "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.

    (((20))) (21) "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.

    (((21))) (22) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.

    (((22))) (23) "First-time offender" means any person who is convicted of a felony (a) not classified as a violent offense or a sex offense under this chapter, or (b) 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, nor the manufacture, delivery, or possession with intent to deliver methamphetamine, its salts, isomers, and salts of its isomers as defined in RCW 69.50.206(d)(2), nor 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, 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.

    (((23))) (24) "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 or 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;

    (v)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;

    (ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if:  (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997.

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

    (((25))) (26) "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 is under superior court jurisdiction under RCW 13.04.030 or 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.

    (((26))) (27) "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.

    (((27))) (28) "Persistent offender" is an offender who:

    (a)(i) Has been convicted in this state of any felony considered a most serious offense; and

    (ii) 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; or

    (b)(i) Has been convicted of:  (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, or burglary in the first degree, with a finding of sexual motivation; or (C) an attempt to commit any crime listed in this subsection (((27))) (28)(b)(i); and

    (ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection.  A conviction for rape of a child in the first degree constitutes a conviction under ((subsection (27)))(b)(i) of this subsection only when the offender was sixteen years of age or older when the offender committed the offense.  A conviction for rape of a child in the second degree constitutes a conviction under ((subsection (27))) (b)(i) of this subsection only when the offender was eighteen years of age or older when the offender committed the offense.

    (((28))) (29) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

    (((29))) (30) "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.

    (((30))) (31) "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.

    (((31))) (32) "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, manslaughter in the first 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.

    (((32))) (33) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

    (((33))) (34) "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 a felony 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 13.40.135; 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.

    (((34))) (35) "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.

    (((35))) (36) "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.

    (((36))) (37) "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.

    (((37))) (38) "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.

    (((38))) (39) "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, drive-by shooting, 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.

    (((39))) (40) "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 (((33))) (34) of this section are not eligible for the work crew program.

    (((40))) (41) "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.

    (((41))) (42) "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.

    (((42))) (43) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.

    Sec. 33.  RCW 9.94A.230 and 1987 c 486 s 7 are each amended to read as follows:

    (1) Every offender who has been discharged under RCW 9.94A.220 may apply to the sentencing court for a vacation of the offender's record of conviction.  If the court finds the offender meets the tests prescribed in subsection (2) of this section, the court may clear the record of conviction by:  (a) Permitting the offender to withdraw the offender's plea of guilty and to enter a plea of not guilty; or (b) if the offender has been convicted after a plea of not guilty, by the court setting aside the verdict of guilty; and (c) by the court dismissing the information or indictment against the offender.

    (2) An offender may not have the record of conviction cleared if:  (a) There are any criminal charges against the offender pending in any court of this state or another state, or in any federal court; (b) the offense was a violent offense as defined in RCW 9.94A.030; (c) the offense was a crime against persons as defined in RCW 43.43.830; (d) the offender has been convicted of a new crime in this state, another state, or federal court since the date of the offender's discharge under RCW 9.94A.220; (e) the offense is a class B+ felony and less than twenty years have passed since the date the applicant was discharged under RCW 9.94A.220; (f) the offense is a class B felony and less than ten years have passed since the date the applicant was discharged under RCW 9.94A.220; and (((f))) (g) the offense was a class C felony and less than five years have passed since the date the applicant was discharged under RCW 9.94A.220.

    (3) Once the court vacates a record of conviction under subsection (1) of this section, the fact that the offender has been convicted of the offense shall not be included in the offender's criminal history for purposes of determining a sentence in any subsequent conviction, and the offender shall be released from all penalties and disabilities resulting from the offense.  For all purposes, including responding to questions on employment applications, an offender whose conviction has been vacated may state that the offender has never been convicted of that crime.  Nothing in this section affects or prevents the use of an offender's prior conviction in a later criminal prosecution.

    Sec. 34.  RCW 9.94A.310 and 1997 c 365 s 3 and 1997 c 338 s 50 are each reenacted and 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  14y4m 15y4m 16y2m 17y   17y11m     18y9m     20y5m     22y2m    25y7m 29y

      123-  134-  144-  154-  165-  175-  195-  216-  257-  298-

      220   234   244   254   265   275   295   316   357   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

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

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

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

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

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.

     (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.

     (3) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime.  If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 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 as eligible for any firearm enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

     (a) Five years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.

     (b) Three years for any felony defined under any law as a class B or B+ felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.

     (c) Eighteen months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.

     (d) If the offender is being sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (4)(a), (b), and/or (c) of this section, or both, any and all firearm enhancements under this subsection shall be twice the amount of the enhancement listed.

     (e) Notwithstanding any other provision of law, any and all firearm enhancements under this section are mandatory, shall be served in total confinement, and shall not run concurrently with any other sentencing provisions.

     (f) The firearm enhancements in this section shall apply to all felony crimes except the following:  Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.

     (g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030.

     (4) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a deadly weapon as defined in this chapter other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements based on the classification of the completed felony crime.  If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 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 as eligible for any deadly weapon enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

     (a) Two years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.

     (b) One year for any felony defined under any law as a class B or B+ felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.

     (c) Six months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.

     (d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c) of this section, or both, any and all deadly weapon enhancements under this subsection shall be twice the amount of the enhancement listed.

     (e) Notwithstanding any other provision of law, any and all deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall not run concurrently with any other sentencing provisions.

     (f) The deadly weapon enhancements in this section shall apply to all felony crimes except the following:  Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.

     (g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030.

     (5) 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 additional times shall be added to the presumptive sentence determined under subsection (2) of this section:

     (a) Eighteen months for offenses committed under RCW 69.50.401(a)(1) (i) or (ii) or 69.50.410;

     (b) Fifteen months for offenses committed under RCW 69.50.401(a)(1) (iii), (iv), and (v);

     (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.

     (6) 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.

     Sec. 35.  RCW 9.94A.320 and 1997 c 365 s 4, 1997 c 346 s 3, 1997 c 340 s 1, 1997 c 338 s 51, 1997 c 266 s 15, and 1997 c 120 s 5 are each reenacted and amended to read as follows:

                              TABLE 2

           CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

     XVAggravated Murder 1 (RCW 10.95.020)

     XIVMurder 1 (RCW 9A.32.030)

     Homicide by abuse (RCW 9A.32.055)

     Malicious explosion 1 (RCW 70.74.280(1))

     XIIIMurder 2 (RCW 9A.32.050)

     Malicious explosion 2 (RCW 70.74.280(2))

     Malicious placement of an explosive 1 (RCW 70.74.270(1))

     XIIAssault 1 (RCW 9A.36.011)

     Assault of a Child 1 (RCW 9A.36.120)

     Rape 1 (RCW 9A.44.040)

     Rape of a Child 1 (RCW 9A.44.073)

     Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

     XIRape 2 (RCW 9A.44.050)

     Rape of a Child 2 (RCW 9A.44.076)

     Manslaughter 1 (RCW 9A.32.060)

     XKidnapping 1 (RCW 9A.40.020)

     Child Molestation 1 (RCW 9A.44.083)

     Malicious explosion 3 (RCW 70.74.280(3))

     Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)

     Leading Organized Crime (RCW 9A.82.060(1)(a))

     Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

     IXAssault of a Child 2 (RCW 9A.36.130)

     Robbery 1 (RCW 9A.56.200)

     Explosive devices prohibited (RCW 70.74.180)

     Malicious placement of an explosive 2 (RCW 70.74.270(2))

     Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

     Controlled Substance Homicide (RCW 69.50.415)

     Sexual Exploitation (RCW 9.68A.040)

     Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

     Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

     VIIIArson 1 (RCW 9A.48.020)

     Promoting Prostitution 1 (RCW 9A.88.070)

     Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

     Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

     Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

     Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)

     Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

     Manslaughter 2 (RCW 9A.32.070)

     VIIBurglary 1 (RCW 9A.52.020)

     Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

     Introducing Contraband 1 (RCW 9A.76.140)

     Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

     Child Molestation 2 (RCW 9A.44.086)

     Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

     Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

     Involving a minor in drug dealing (RCW 69.50.401(f))

     Drive-by Shooting (RCW 9A.36.045)

     Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

     Malicious placement of an explosive 3 (RCW 70.74.270(3))

     VIBribery (RCW 9A.68.010)

     Rape of a Child 3 (RCW 9A.44.079)

     Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

     Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

     Incest 1 (RCW 9A.64.020(1))

     Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))

     Intimidating a Judge (RCW 9A.72.160)

     Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

     Theft of a Firearm (RCW 9A.56.300)

     VPersistent prison misbehavior (RCW 9.94.070)

     Criminal Mistreatment 1 (RCW 9A.42.020)

     Abandonment of dependent person 1 (RCW 9A.42.060)

     Rape 3 (RCW 9A.44.060)

     Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

     Child Molestation 3 (RCW 9A.44.089)

     Kidnapping 2 (RCW 9A.40.030)

     Extortion 1 (RCW 9A.56.120)

     Incest 2 (RCW 9A.64.020(2))

     Perjury 1 (RCW 9A.72.020)

     Extortionate Extension of Credit (RCW 9A.82.020)

     Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

     Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

     Rendering Criminal Assistance 1 (RCW 9A.76.070)

     Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

     Sexually Violating Human Remains (RCW 9A.44.105)

     Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

     Possession of a Stolen Firearm (RCW 9A.56.310)

     IVResidential Burglary (RCW 9A.52.025)

     Theft of Livestock 1 (RCW 9A.56.080)

     Robbery 2 (RCW 9A.56.210)

     Assault 2 (RCW 9A.36.021)

     Escape 1 (RCW 9A.76.110)

     Arson 2 (RCW 9A.48.030)

     Commercial Bribery (RCW 9A.68.060)

     Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

     Malicious Harassment (RCW 9A.36.080)

     Threats to Bomb (RCW 9.61.160)

     Willful Failure to Return from Furlough (RCW 72.66.060)

     Hit and Run‑-Injury Accident (RCW 46.52.020(4))

     Hit and Run with Vessel‑-Injury Accident (RCW 88.12.155(3))

     Vehicular Assault (RCW 46.61.522)

     Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401 (a)(1) (iii) through (v))

     Influencing Outcome of Sporting Event (RCW 9A.82.070)

     Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

     Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

     IIICriminal Gang Intimidation (RCW 9A.46.120)

     Criminal Mistreatment 2 (RCW 9A.42.030)

     Abandonment of dependent person 2 (RCW 9A.42.070)

     Extortion 2 (RCW 9A.56.130)

     Unlawful Imprisonment (RCW 9A.40.040)

     Assault 3 (RCW 9A.36.031)

     Assault of a Child 3 (RCW 9A.36.140)

     Custodial Assault (RCW 9A.36.100)

     Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

     Harassment (RCW 9A.46.020)

     Promoting Prostitution 2 (RCW 9A.88.080)

     Willful Failure to Return from Work Release (RCW 72.65.070)

     Burglary 2 (RCW 9A.52.030)

     Introducing Contraband 2 (RCW 9A.76.150)

     Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

     Patronizing a Juvenile Prostitute (RCW 9.68A.100)

     Escape 2 (RCW 9A.76.120)

     Perjury 2 (RCW 9A.72.030)

     Bail Jumping with class B+, B, or C Felony (RCW 9A.76.170(2)(c))

     Intimidating a Public Servant (RCW 9A.76.180)

     Tampering with a Witness (RCW 9A.72.120)

     Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

     Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

     Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

     Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

     Theft of livestock 2 (RCW 9A.56.080)

     Securities Act violation (RCW 21.20.400)

     IIUnlawful Practice of Law (RCW 2.48.180)

     Malicious Mischief 1 (RCW 9A.48.070)

     Possession of Stolen Property 1 (RCW 9A.56.150)

     Theft 1 (RCW 9A.56.030)

     Class B Felony Theft of Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4))

     Trafficking in Insurance Claims (RCW 48.30A.015)

     Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

     Health Care False Claims (RCW 48.80.030)

     Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))

     Possession of phencyclidine (PCP) (RCW 69.50.401(d))

     Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

     Computer Trespass 1 (RCW 9A.52.110)

     Escape from Community Custody (RCW 72.09.310)

     ITheft 2 (RCW 9A.56.040)

     Class C Felony Theft of Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4))

     Possession of Stolen Property 2 (RCW 9A.56.160)

     Forgery (RCW 9A.60.020)

     Taking Motor Vehicle Without Permission (RCW 9A.56.070)

     Vehicle Prowl 1 (RCW 9A.52.095)

     Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

     Malicious Mischief 2 (RCW 9A.48.080)

     Reckless Burning 1 (RCW 9A.48.040)

     Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

     Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

     False Verification for Welfare (RCW 74.08.055)

     Forged Prescription (RCW 69.41.020)

     Forged Prescription for a Controlled Substance (RCW 69.50.403)

     Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))

     Sec. 36.  RCW 9.94A.360 and 1997 c 338 s 5 are each 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) Class A and sex prior felony convictions shall always be included in the offender score.  Class B and 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 committing any crime that subsequently results in a conviction.  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 committing any crime that subsequently results in a conviction.  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 committing any crime that subsequently results in a conviction.  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.  Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law.  If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.

     (4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.

     (5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:

     (i) Prior 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 or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.400(1)(a), 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.  The current sentencing court may presume that such other prior offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;

     (ii) 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.

     (b) As used in this subsection (5), "served concurrently" means that:  (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.

     (6) 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.

     (7) If the present conviction is for a nonviolent offense and not covered by subsection (11) or (12) 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.

     (8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), or (12) 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.

     (9) If the present conviction is for Murder 1 or 2, Assault 1, Assault of a Child 1, Kidnapping 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.

     (10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) 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.

     (11) 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.

     (12) 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 (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.

     (13) 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.

     (14) 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.

     (15) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (7) 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.

     (16) If the present conviction is for a sex offense, count priors as in subsections (7) through (15) of this section; however count three points for each adult and juvenile prior sex offense conviction.

     (17) If the present conviction is for an offense committed while the offender was under community placement, add one point.

     Sec. 37.  RCW 9.94A.386 and 1984 c 209 s 23 are each amended to read as follows:

     On all sentences under this chapter the court may impose fines according to the following ranges:

          Class A felonies        $0 - 50,000

Class B+ felonies $0 - 30,000

          Class B felonies        $0 - 20,000

          Class C felonies        $0 - 10,000

     Sec. 38.  RCW 9.95.062 and 1996 c 275 s 9 are each amended to read as follows:

     (1) Notwithstanding CrR 3.2 or RAP 7.2, an appeal by a defendant in a criminal action shall not stay the execution of the judgment of conviction, if the court determines by a preponderance of the evidence that:

     (a) The defendant is likely to flee or to pose a danger to the safety of any other person or the community if the judgment is stayed; or

     (b) The delay resulting from the stay will unduly diminish the deterrent effect of the punishment; or

     (c) A stay of the judgment will cause unreasonable trauma to the victims of the crime or their families; or

     (d) The defendant has not undertaken to the extent of the defendant's financial ability to pay the financial obligations under the judgment or has not posted an adequate performance bond to assure payment.

     (2) An appeal by a defendant convicted of one of the following offenses shall not stay execution of the judgment of conviction:  Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076, and 9A.44.079); child molestation in the first, second, or third degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a minor in the first or second degree (RCW 9A.44.093 and 9A.44.096); indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW 9A.40.090); any class A, B+, or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses.

     (3) In case the defendant has been convicted of a felony, and has been unable to obtain release pending the appeal by posting an appeal bond, cash, adequate security, release on personal recognizance, or any other conditions imposed by the court, the time the defendant has been imprisoned pending the appeal shall be deducted from the term for which the defendant was sentenced, if the judgment is affirmed.

     Sec. 39.  RCW 9A.20.010 and 1984 c 258 s 808 are each amended to read as follows:

     (1) Classified Felonies.  (a) The particular classification of each felony defined in Title 9A RCW is expressly designated in the section defining it.

     (b) For purposes of sentencing, classified felonies are designated as one of ((three)) four classes, as follows:

     (i) Class A felony; or

     (ii) Class B+ felony; or

(iii) Class B felony; or

     (((iii))) (iv) Class C felony.

     (2) Misdemeanors and Gross Misdemeanors.  (a) Any crime punishable by a fine of not more than one thousand dollars, or by imprisonment in a county jail for not more than ninety days, or by both such fine and imprisonment is a misdemeanor.  Whenever the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, the committing of such act shall be a misdemeanor.

     (b) All crimes other than felonies and misdemeanors are gross misdemeanors.

     Sec. 40.  RCW 9A.28.020 and 1994 c 271 s 101 are each amended to read as follows:

     (1) A person is guilty of an attempt to commit crime if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime.

     (2) If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission.

     (3) An attempt to commit a crime is a:

     (a) Class A felony when the crime attempted is murder in the first degree, murder in the second degree, or arson in the first degree;

     (b) Class B felony when the crime attempted is a class B+ felony or a class A felony other than murder in the first degree, murder in the second degree, or arson in the first degree;

     (c) Class C felony when the crime attempted is a class B felony;

     (d) Gross misdemeanor when the crime attempted is a class C felony;

     (e) Misdemeanor when the crime attempted is a gross misdemeanor or misdemeanor.

     Sec. 41.  RCW 9A.28.040 and 1997 c 17 s 1 are each amended to read as follows:

     (1) A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement.

     (2) It shall not be a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired:

     (a) Has not been prosecuted or convicted; or

     (b) Has been convicted of a different offense; or

     (c) Is not amenable to justice; or

     (d) Has been acquitted; or

     (e) Lacked the capacity to commit an offense; or

     (f) Is a law enforcement officer or other government agent who did not intend that a crime be committed.

     (3) Criminal conspiracy is a:

     (a) Class A felony when an object of the conspiratorial agreement is murder in the first degree;

     (b) Class B felony when an object of the conspiratorial agreement is a class B+ felony or a class A felony other than murder in the first degree;

     (c) Class C felony when an object of the conspiratorial agreement is a class B felony;

     (d) Gross misdemeanor when an object of the conspiratorial agreement is a class C felony;

     (e) Misdemeanor when an object of the conspiratorial agreement is a gross misdemeanor or misdemeanor.

     Sec. 42.  RCW 9A.44.140 and 1997 c 113 s 4 are each amended to read as follows:

     (1) The duty to register under RCW 9A.44.130 shall end:

     (a) For a person convicted of a class A felony:  Such person may only be relieved of the duty to register under subsection (3) or (4) of this section.

     (b) For a person convicted of a class B+ felony:  Twenty years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent twenty consecutive years in the community without being convicted of any new offenses.

(c) For a person convicted of a class B felony:  Fifteen years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent fifteen consecutive years in the community without being convicted of any new offenses.

     (((c))) (d) For a person convicted of a class C felony, a violation of RCW 9.68A.090 or 9A.44.096, or an attempt, solicitation, or conspiracy to commit a class C felony:  Ten years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent ten consecutive years in the community without being convicted of any new offenses.

     (2) The provisions of subsection (1) of this section shall apply equally to a person who has been found not guilty by reason of insanity under chapter 10.77 RCW of a sex offense or kidnapping offense.

     (3) Any person having a duty to register under RCW 9A.44.130 may petition the superior court to be relieved of that duty.  The petition shall be made to the court in which the petitioner was convicted of the offense that subjects him or her to the duty to register, or, in the case of convictions in other states, a foreign country, or a federal or military court, to the court in Thurston county.  The prosecuting attorney of the county shall be named and served as the respondent in any such petition.  The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction, and may consider other factors.  Except as provided in subsection (4) of this section, the court may relieve the petitioner of the duty to register only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.

     (4) An offender having a duty to register under RCW 9A.44.130 for a sex offense or kidnapping offense committed when the offender was a juvenile may petition the superior court to be relieved of that duty.  The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after adjudication, and may consider other factors.  The court may relieve the petitioner of the duty to register for a sex offense or kidnapping offense that was committed while the petitioner was fifteen years of age or older only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.  The court may relieve the petitioner of the duty to register for a sex offense or kidnapping offense that was committed while the petitioner was under the age of fifteen if the petitioner (a) has not been adjudicated of any additional sex offenses or kidnapping offenses during the twenty-four months following the adjudication for the offense giving rise to the duty to register, and (b) the petitioner proves by a preponderance of the evidence that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.

     (5) Unless relieved of the duty to register pursuant to this section, a violation of RCW 9A.44.130 is an ongoing offense for purposes of the statute of limitations under RCW 9A.04.080.

     (6) Nothing in RCW 9.94A.220 relating to discharge of an offender shall be construed as operating to relieve the offender of his or her duty to register pursuant to RCW 9A.44.130.

     Sec. 43.  RCW 9A.76.080 and 1982 1st ex.s. c 47 s 22 are each amended to read as follows:

     (1) A person is guilty of rendering criminal assistance in the second degree if he or she renders criminal assistance to a person who has committed or is being sought for a class B+, class B, or class C felony or an equivalent juvenile offense or to someone being sought for violation of parole, probation, or community supervision.

     (2) Rendering criminal assistance in the second degree is:

     (a) A misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in RCW 9A.76.060;

     (b) A gross misdemeanor in all other cases.

     Sec. 44.  RCW 9A.76.170 and 1983 1st ex.s. c 4 s 3 are each amended to read as follows:

     (1) Any person having been released by court order or admitted to bail with the requirement of a subsequent personal appearance before any court of this state, and who knowingly fails to appear as required is guilty of bail jumping.

     (2) Bail jumping is:

     (a) A class A felony if the person was held for, charged with, or convicted of murder in the first degree;

     (b) A class B felony if the person was held for, charged with, or convicted of a class A felony other than murder in the first degree;

     (c) A class C felony if the person was held for, charged with, or convicted of a class B+, class B, or class C felony;

     (d) A misdemeanor if the person was held for, charged with, or convicted of a gross misdemeanor or misdemeanor.

     Sec. 45.  RCW 9A.83.010 and 1992 c 210 s 1 are each amended to read as follows:

     The definitions set forth in this section apply throughout this chapter.

     (1) "Conducts a financial transaction" includes initiating, concluding, or participating in a financial transaction.

     (2) "Financial institution" means a bank, savings bank, credit union, or savings and loan institution.

     (3) "Financial transaction" means a purchase, sale, loan, pledge, gift, transfer, transmission, delivery, trade, deposit, withdrawal, payment, transfer between accounts, exchange of currency, extension of credit, or any other acquisition or disposition of property, by whatever means effected.

     (4) "Knows the property is proceeds of specified unlawful activity" means believing based upon the representation of a law enforcement officer or his or her agent, or knowing that the property is proceeds from some form, though not necessarily which form, of specified unlawful activity.

     (5) "Proceeds" means any interest in property directly or indirectly acquired through or derived from an act or omission, and any fruits of this interest, in whatever form.

     (6) "Property" means anything of value, whether real or personal, tangible or intangible.

     (7) "Specified unlawful activity" means an offense committed in this state that is a class A, B+, or B felony under Washington law or that is listed in RCW 9A.82.010(14), or an offense committed in any other state that is punishable under the laws of that state by more than one year in prison, or an offense that is punishable under federal law by more than one year in prison.

     Sec. 46.  RCW 10.64.025 and 1996 c 275 s 10 are each amended to read as follows:

     (1) A defendant who has been found guilty of a felony and is awaiting sentencing shall be detained unless the court finds by clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of any other person or the community if released.  Any bail bond that was posted on behalf of a defendant shall, upon the defendant's conviction, be exonerated.

     (2) A defendant who has been found guilty of one of the following offenses shall be detained pending sentencing:  Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076, and 9A.44.079); child molestation in the first, second, or third degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a minor in the first or second degree (RCW 9A.44.093 and 9A.44.096); indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW 9A.40.090); any class A, B+, or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses.

     Sec. 47.  RCW 13.04.030 and 1997 c 386 s 17, 1997 c 341 s 3, and 1997 c 338 s 7 are each reenacted and amended to read as follows:

     (1) Except as provided in this section, the juvenile courts in this state shall have exclusive original jurisdiction over all proceedings:

     (a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

     (b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170;

     (c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210;

     (d) To approve or disapprove out-of-home placement as provided in RCW 13.32A.170;

     (e) Relating to juveniles alleged or found to have committed offenses, traffic or civil infractions, or violations as provided in RCW 13.40.020 through 13.40.230, unless:

     (i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110;

     (ii) The statute of limitations applicable to adult prosecution for the offense, traffic or civil infraction, or violation has expired;

     (iii) The alleged offense or infraction is a traffic, fish, boating, or game offense, or traffic or civil infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction, and no guardian ad litem is required in any such proceeding due to the juvenile's age:  PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters:  PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or (e)(i) of this subsection:  PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060;

     (iv) The alleged offense is a traffic or civil infraction, a violation of compulsory school attendance provisions under chapter 28A.225 RCW, or a misdemeanor, and a court of limited jurisdiction has assumed concurrent jurisdiction over those offenses as provided in RCW 13.04.0301; or

     (v) The juvenile is sixteen or seventeen years old and the alleged offense is:

     (A) A serious violent offense as defined in RCW 9.94A.030;

     (B) A violent offense as defined in RCW 9.94A.030 and the juvenile has a criminal history consisting of:  (I) One or more prior serious violent offenses; (II) two or more prior violent offenses; or (III) three or more of any combination of the following offenses:  Any class A felony, any class B+ felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately;

     (C) Robbery in the first degree, rape of a child in the first degree, or drive-by shooting, committed on or after July 1, 1997;

     (D) Burglary in the first degree committed on or after July 1, 1997, and the juvenile has a criminal history consisting of one or more prior felony or misdemeanor offenses; or

     (E) Any violent offense as defined in RCW 9.94A.030 committed on or after July 1, 1997, and the juvenile is alleged to have been armed with a firearm.

     In such a case the adult criminal court shall have exclusive original jurisdiction.

     If the juvenile challenges the state's determination of the juvenile's criminal history under (e)(v) of this subsection, the state may establish the offender's criminal history by a preponderance of the evidence.  If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;

     (f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;

     (g) Relating to termination of a diversion agreement under RCW 13.40.080, including a proceeding in which the divertee has attained eighteen years of age;

     (h) Relating to court validation of a voluntary consent to an out-of-home placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction;

     (i) Relating to petitions to compel disclosure of information filed by the department of social and health services pursuant to RCW 74.13.042; and

     (j) Relating to judicial determinations and permanency planning hearings involving developmentally disabled children who have been placed in out-of-home care pursuant to a voluntary placement agreement between the child's parent, guardian, or legal custodian and the department of social and health services.

     (2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.

     (3) A juvenile subject to adult superior court jurisdiction under subsection (1)(e)(i) through (v) of this section, who is detained pending trial, may be detained in a detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.

     Sec. 48.  RCW 13.40.0357 and 1997 c 338 s 12 and 1997 c 66 s 6 are each reenacted and amended to read as follows:

                 DESCRIPTION AND OFFENSE CATEGORY

juvenile                  juvenile disposition

disposition              category for attempt,

offense                  bailjump, conspiracy,

category  description (rcw citation) or solicitation

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

                      Arson and Malicious Mischief

                A     Arson 1 (9A.48.020)     B+

                B     Arson 2 (9A.48.030)     C

                C     Reckless Burning 1 (9A.48.040)     D

                D     Reckless Burning 2 (9A.48.050)     E

                B     Malicious Mischief 1 (9A.48.070)     C

                C     Malicious Mischief 2 (9A.48.080)     D

                D     Malicious Mischief 3 (<$50 is

                      E class) (9A.48.090)    E

                E     Tampering with Fire Alarm

                      Apparatus (9.40.100)    E

                A     Possession of Incendiary Device

                      (9.40.120)  B+

                      Assault and Other Crimes

                      Involving Physical Harm

                A     Assault 1 (9A.36.011)   B+

                B+    Assault 2 (9A.36.021)   C+

                C+    Assault 3 (9A.36.031)   D+

                D+    Assault 4 (9A.36.041)   E

                B+    Drive-By Shooting

                      (9A.36.045) C+

                D+    Reckless Endangerment

                      (9A.36.050) E

                C+    Promoting Suicide Attempt

                      (9A.36.060) D+

                D+    Coercion (9A.36.070)    E

                C+    Custodial Assault (9A.36.100)                D+

                      Burglary and Trespass

                B+    Burglary 1 (9A.52.020)  C+

                B     Residential Burglary

                      (9A.52.025) C

                B     Burglary 2 (9A.52.030)  C

                D     Burglary Tools (Possession of)

                      (9A.52.060) E

                D     Criminal Trespass 1 (9A.52.070)     E

                E     Criminal Trespass 2 (9A.52.080)     E

                C     Vehicle Prowling 1 (9A.52.095)     D

                D     Vehicle Prowling 2 (9A.52.100)     E

                      Drugs

                E     Possession/Consumption of Alcohol

                      (66.44.270) E

                C     Illegally Obtaining Legend Drug

                      (69.41.020) D

                C+    Sale, Delivery, Possession of Legend

                      Drug with Intent to Sell

                      (69.41.030) D+

                E     Possession of Legend Drug

                      (69.41.030) E

                B+    Violation of Uniform Controlled

                      Substances Act - Narcotic or

                      Methamphetamine Sale

                      (69.50.401(a)(1)(i) or (ii))                B+

                C     Violation of Uniform Controlled

                      Substances Act - Nonnarcotic Sale

                      (69.50.401(a)(1)(iii))  C

                E     Possession of Marihuana <40 grams

                      (69.50.401(e))    E

                C     Fraudulently Obtaining Controlled

                      Substance (69.50.403)   C

                C+    Sale of Controlled Substance

                      for Profit (69.50.410)  C+

                E     Unlawful Inhalation (9.47A.020)     E

                B     Violation of Uniform Controlled

                      Substances Act - Narcotic or

                      Methamphetamine

                      Counterfeit Substances

                      (69.50.401(b)(1)(i) or (ii))                B

                C     Violation of Uniform Controlled

                      Substances Act - Nonnarcotic

                      Counterfeit Substances

                      (69.50.401(b)(1) (iii), (iv), (v))            C

                C     Violation of Uniform Controlled

                      Substances Act - Possession of a

                      Controlled Substance

                      (69.50.401(d))    C

                C     Violation of Uniform Controlled

                      Substances Act - Possession of a

                      Controlled Substance

                      (69.50.401(c))    C

                      Firearms and Weapons

                B     Theft of Firearm (9A.56.300)                C

                B     Possession of Stolen Firearm

                      (9A.56.310) C

                E     Carrying Loaded Pistol Without

                      Permit (9.41.050) E

                C     Possession of Firearms by Minor (<18)

                      (9.41.040(1) (b) (iii)) C

                D+    Possession of Dangerous Weapon

                      (9.41.250)  E

                D     Intimidating Another Person by use

                      of Weapon (9.41.270)    E

                      Homicide

                A+    Murder 1 (9A.32.030)    A

                A+    Murder 2 (9A.32.050)    B+

                B+    Manslaughter 1 (9A.32.060)                C+

                C+    Manslaughter 2 (9A.32.070)                D+

                B+    Vehicular Homicide (46.61.520)     C+

                      Kidnapping

                A     Kidnap 1 (9A.40.020)    B+

                B+    Kidnap 2 (9A.40.030)    C+

                C+    Unlawful Imprisonment

                      (9A.40.040) D+

                      Obstructing Governmental Operation

                D     Obstructing a Law Enforcement

                      Officer (9A.76.020)     E

                E     Resisting Arrest (9A.76.040)                E

                B     Introducing Contraband 1

                      (9A.76.140) C

                C     Introducing Contraband 2

                      (9A.76.150) D

                E     Introducing Contraband 3

                      (9A.76.160) E

                B+    Intimidating a Public Servant

                      (9A.76.180) C+

                B+    Intimidating a Witness

                      (9A.72.110) C+

                      Public Disturbance

                C+    Riot with Weapon (9A.84.010)                D+

                D+    Riot Without Weapon

                      (9A.84.010) E

                E     Failure to Disperse (9A.84.020)     E

                E     Disorderly Conduct (9A.84.030)     E

                      Sex Crimes

                A     Rape 1 (9A.44.040)      B+

                A-    Rape 2 (9A.44.050)      B+

                C+    Rape 3 (9A.44.060)      D+

                A-    Rape of a Child 1 (9A.44.073)                B+

                B+    Rape of a Child 2 (9A.44.076)                C+

                B     Incest 1 (9A.64.020(1)) C

                C     Incest 2 (9A.64.020(2)) D

                D+    Indecent Exposure

                      (Victim <14) (9A.88.010)                E

                E     Indecent Exposure

                      (Victim 14 or over) (9A.88.010)     E

                B+    Promoting Prostitution 1

                      (9A.88.070) C+

                C+    Promoting Prostitution 2

                      (9A.88.080) D+

                E     O & A (Prostitution) (9A.88.030)     E

                B+    Indecent Liberties (9A.44.100)     C+

                A-    Child Molestation 1 (9A.44.083)     B+

                B     Child Molestation 2 (9A.44.086)     C+

                      Theft, Robbery, Extortion, and Forgery

                B     Theft 1 (9A.56.030)     C

                C     Theft 2 (9A.56.040)     D

                D     Theft 3 (9A.56.050)     E

                B     Theft of Livestock (9A.56.080)     C

                C     Forgery (9A.60.020)     D

                A     Robbery 1 (9A.56.200)   B+

                B+    Robbery 2 (9A.56.210)   C+

                B+    Extortion 1 (9A.56.120) C+

                C+    Extortion 2 (9A.56.130) D+

                B     Possession of Stolen Property 1

                      (9A.56.150) C

                C     Possession of Stolen Property 2

                      (9A.56.160) D

                D     Possession of Stolen Property 3

                      (9A.56.170) E

                C     Taking Motor Vehicle Without

                      Owner's Permission (9A.56.070)     D

                      Motor Vehicle Related Crimes

                E     Driving Without a License

                      (46.20.005) E

                C     Hit and Run - Injury

                      (46.52.020(4))    D

                D     Hit and Run-Attended

                      (46.52.020(5))    E

                E     Hit and Run-Unattended

                      (46.52.010) E

                C     Vehicular Assault (46.61.522)                D

                C     Attempting to Elude Pursuing

                      Police Vehicle (46.61.024)                D

                E     Reckless Driving (46.61.500)                E

                D     Driving While Under the Influence

                      (46.61.502 and 46.61.504)                E

                      Other

                B     Bomb Threat (9.61.160)  C

                C     Escape 1¹ (9A.76.110)   C

                C     Escape 2¹ (9A.76.120)   C

                D     Escape 3 (9A.76.130)    E

                E     Obscene, Harassing, Etc.,

                      Phone Calls (9.61.230)  E

                A     Other Offense Equivalent to an

                      Adult Class A Felony    B+

B+ Other Offense Equivalent to an

Adult Class B+ Felony B

                B     Other Offense Equivalent to an

                      Adult Class B Felony    C

                C     Other Offense Equivalent to an

                      Adult Class C Felony    D

                D     Other Offense Equivalent to an

                      Adult Gross Misdemeanor E

                E     Other Offense Equivalent to an

                      Adult Misdemeanor E

                V     Violation of Order of Restitution,

                      Community Supervision, or

                      Confinement (13.40.200)² V

¹Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

     1st escape or attempted escape during 12-month period - 4 weeks confinement

     2nd escape or attempted escape during 12-month period - 8 weeks confinement

     3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

²If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

                   JUVENILE SENTENCING STANDARDS

This schedule must be used for juvenile offenders.  The court may select sentencing option A, B, or C.

                             OPTION A

                 JUVENILE OFFENDER SENTENCING GRID

                          STANDARD RANGE

       A+   180 WEEKS TO AGE 21 YEARS

       A    103 WEEKS TO 129 WEEKS

       A-   15-36     |52-65 |80-100 |103-129

            WEEKS     |WEEKS |WEEKS|WEEKS

            EXCEPT    |      |      |

            30-40     |      |      |

            WEEKS FOR |      |      |

            15-17     |      |      |

            YEAR OLDS |      |      |

Current     B+        15-36         |52-65 |80-100 |103-129

Offense               WEEKS         |WEEKS |WEEKS |WEEKS

Category

       B    LOCAL            |             |52-65

             SANCTIONS (LS)  |15-36 WEEKS  |WEEKS

       C+   LS                      |

|15-36 WEEKS

       C    LS                             |15-36 WEEKS

                      Local Sanctions:           |

                      0 to 30 Days

       D+   LS        0 to 12 Months Community Supervision

                      0 to 150 Hours Community Service

       D    LS        $0 to $500 Fine

       E    LS              

              0        1        2      3      4 or more

                      PRIOR ADJUDICATIONS

NOTE:  References in the grid to days or weeks mean periods of confinement.

     (1) The vertical axis of the grid is the current offense category.  The current offense category is determined by the offense of adjudication.

     (2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history.  Each prior felony adjudication shall count as one point.  Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point.  Fractional points shall be rounded down.

     (3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.

     (4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.

     (5) A current offense that is a violation is equivalent to an offense category of E.  However, a disposition for a violation shall not include confinement.

                                OR

                             OPTION B

            CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE

     If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(5) and 13.40.165.

                                OR

                             OPTION C

                        MANIFEST INJUSTICE

If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).

     Sec. 49.  RCW 13.40.070 and 1997 c 338 s 17 are each amended to read as follows:

     (1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether:

     (a) The alleged facts bring the case within the jurisdiction of the court; and

     (b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense.

     (2) If the identical alleged acts constitute an offense under both the law of this state and an ordinance of any city or county of this state, state law shall govern the prosecutor's screening and charging decision for both filed and diverted cases.

     (3) If the requirements of subsections (1)(a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (7) of this section.  If the prosecutor finds that the requirements of subsection (1)(a) and (b) of this section are not met, the prosecutor shall maintain a record, for one year, of such decision and the reasons therefor.  In lieu of filing an information or diverting an offense a prosecutor may file a motion to modify community supervision where such offense constitutes a violation of community supervision.

     (4) An information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged.  It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.

     (5) Where a case is legally sufficient, the prosecutor shall file an information with the juvenile court if:

     (a) An alleged offender is accused of a class A felony, a class B+ felony, a class B felony, an attempt to commit a class B or B+ felony, a class C felony listed in RCW 9.94A.440(2) as a crime against persons or listed in RCW 9A.46.060 as a crime of harassment, or a class C felony that is a violation of RCW 9.41.080 or 9.41.040(1)(b)(iii); or

     (b) An alleged offender is accused of a felony and has a criminal history of any felony, or at least two gross misdemeanors, or at least two misdemeanors; or

     (c) An alleged offender has previously been committed to the department; or

     (d) An alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion; or

     (e) An alleged offender has two or more diversion contracts on the alleged offender's criminal history; or

     (f) A special allegation has been filed that the offender or an accomplice was armed with a firearm when the offense was committed.

     (6) Where a case is legally sufficient the prosecutor shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged offense is the offender's first offense or violation.  If the alleged offender is charged with a related offense that must or may be filed under subsections (5) and (7) of this section, a case under this subsection may also be filed.

     (7) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it may be filed or diverted.  In deciding whether to file or divert an offense under this section the prosecutor shall be guided only by the length, seriousness, and recency of the alleged offender's criminal history and the circumstances surrounding the commission of the alleged offense.

     (8) Whenever a juvenile is placed in custody or, where not placed in custody, referred to a diversion interview, the parent or legal guardian of the juvenile shall be notified as soon as possible concerning the allegation made against the juvenile and the current status of the juvenile.  Where a case involves victims of crimes against persons or victims whose property has not been recovered at the time a juvenile is referred to a diversion unit, the victim shall be notified of the referral and informed how to contact the unit.

     (9) The responsibilities of the prosecutor under subsections (1) through (8) of this section may be performed by a juvenile court probation counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints.

     (10) The prosecutor, juvenile court probation counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to mediation or victim offender reconciliation programs.  Such mediation or victim offender reconciliation programs shall be voluntary for victims.

     Sec. 50.  RCW 13.40.193 and 1997 c 338 s 30 are each amended to read as follows:

     (1) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040(1)(b)(iii), the court shall impose a minimum disposition of ten days of confinement.  If the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is more than thirty days of confinement, the court shall commit the offender to the department for the standard range disposition.  The offender shall not be released until the offender has served a minimum of ten days in confinement.

     (2) If the court finds that the respondent or an accomplice was armed with a firearm, the court shall determine the standard range disposition for the offense pursuant to RCW 13.40.160.  If the offender or an accomplice was armed with a firearm when the offender committed any felony other than possession of a machine gun, possession of a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, or use of a machine gun in a felony, the following periods of total confinement must be added to the sentence:  For a class A felony, six months; for a class B+ felony, five months; for a class B felony, four months; and for a class C felony, two months.  The additional time shall be imposed regardless of the offense's juvenile disposition offense category as designated in RCW 13.40.0357.

     (3) When a disposition under this section would effectuate a manifest injustice, the court may impose another disposition.  When a judge finds a manifest injustice and imposes a disposition of confinement exceeding thirty days, the court shall commit the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range.  When a judge finds a manifest injustice and imposes a disposition of confinement less than thirty days, the disposition shall be comprised of confinement or community supervision or both.

     (4) Any term of confinement ordered pursuant to this section shall run consecutively to any term of confinement imposed in the same disposition for other offenses.

     Sec. 51.  RCW 9.95.009 and 1990 c 3 s 707 are each amended to read as follows:

     (1) On July 1, 1986, the board of prison terms and paroles shall be redesignated as the indeterminate sentence review board.  The board's membership shall be reduced as follows:  On July 1, 1986, and on July 1st of each year until 1998, the number of board members shall be reduced in a manner commensurate with the board's remaining workload as determined by the office of financial management based upon its population forecast for the indeterminate sentencing system and in conjunction with the budget process.  To meet the statutory obligations of the indeterminate sentence review board, the number of board members shall not be reduced to fewer than three members, although the office of financial management may designate some or all members as part-time members and specify the extent to which they shall be less than full-time members.  Any reduction shall take place by the expiration, on that date, of the term or terms  having the least time left to serve.

     (2) After July 1, 1984, the board shall continue its functions with respect to persons convicted of crimes committed prior to July 1, 1984, and committed to the department of corrections.  When making decisions on duration of confinement, including those relating to persons committed under a mandatory life sentence, and parole release under RCW 9.95.100 and 9.95.110, the board shall consider the purposes, standards, and sentencing ranges adopted pursuant to RCW 9.94A.040 and the minimum term recommendations of the sentencing judge and prosecuting attorney, and shall attempt to make decisions reasonably consistent with those ranges, standards, purposes, and recommendations:  PROVIDED, That the board and its successors shall give adequate written reasons whenever a minimum term or parole release decision is made which is outside the sentencing ranges adopted pursuant to RCW 9.94A.040.  In making such decisions, the board and its successors shall consider the different charging and disposition practices under the indeterminate sentencing system.

     (3) Notwithstanding the provisions of subsection (2) of this section, the indeterminate sentence review board shall give public safety considerations the highest priority when making all discretionary decisions on the remaining indeterminate population regarding the ability for parole, parole release, and conditions of parole.

(4) In addition to its other duties as set out under this chapter, the indeterminate sentence review board shall also perform those duties set out under sections 3 through 20 of this act.

NEW SECTION. Sec. 52.  Sections 3 through 20 of this act are each added to chapter 9.94A RCW.

NEW SECTION. Sec. 53.  RCW 9.95.0011 and 1997 c 350 s 1, 1989 c 259 s 4, & 1986 c 224 s 12 are each repealed.

NEW SECTION. Sec. 54.  This act applies to offenses committed on or after July 1, 1998.

NEW SECTION. Sec. 55.  This act takes effect July 1, 1998."

SSB 5006 - S AMD - 566

By Senator Stevens

     On page 1, line 2 of the title, after "offenders;" strike the remainder of the title and insert "amending RCW 72.04A.070, 72.04A.080, 9A.20.021, 9A.44.060, 9A.44.079, 9A.44.086, 9A.44.089, 9A.44.100, 9A.64.020, 9.41.010, 9.94.070, 9.94A.230, 9.94A.360, 9.94A.386, 9.95.062, 9A.20.010, 9A.28.020, 9A.28.040, 9A.44.140, 9A.76.080, 9A.76.170, 9A.83.010, 10.64.025, 13.40.070, 13.40.193, and 9.95.009; reenacting and amending RCW 9.94A.120, 9.94A.030, 9.94A.310, 9.94A.320, 13.04.030, and 13.40.0357; adding new sections to chapter 9.94A RCW; creating new sections; repealing RCW 9.95.0011; prescribing penalties; and providing an effective date."

                            --- END ---