[atlas:bill]

AN ACT Relating to sentencing of substance abuse crimes; reenacting and amending RCW 9.94A.120; adding a new section to chapter 9.94A RCW; and creating a new section.

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

NEW SECTION. Sec. 1. This act shall be known as the substance abuse and crime prevention act.

NEW SECTION. Sec. 2. A new section is added to chapter 9.94A RCW to read as follows:

(1) Community custody. Notwithstanding the statutory maximum sentence or any other provision of this chapter, and except as provided in subsection (2) of this section, an offender convicted of delivery or possession of a controlled substance under chapter 69.50 RCW or a criminal attempt, criminal solicitation, or criminal conspiracy to commit such a violation under chapter 9A.28 RCW shall be sentenced to community custody.

(2) Eligibility for community custody. An offender is ineligible for community custody if:

(a) The offender has, before the commission of the offense under subsection (1) of this section, been convicted on two or more separate occasions, whether in this state or elsewhere, of a felony classified under subsection (1) of this section;

(b) The offender has current or prior convictions for a sex offense in this state, another state, or the United States;

(d) The offender has prior convictions for a violent offense in this state, another state, or the United States unless the offender has spent five consecutive years in the community without being convicted of any new offenses;

(e) The violation involves a sentence enhancement under RCW 9.94A.310 (3) or (4);

(f) The violation involves 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);

(g) The offender refuses to participate in the crime-related treatment or counseling services required under subsections (3) and (5) of this section as a condition to his or her community custody; and

(h) The offender (i) has been convicted on two separate occasions of delivery or possession of a controlled substance under chapter 69.50 RCW or a criminal attempt, criminal solicitation, or criminal conspiracy to commit such a violation under chapter 9A.28 RCW; (ii) has participated in two separate courses of crime-related treatment or counseling services pursuant to subsection (5) of this section; and (iii) is found by the court to be unamenable to crime-related treatment or counseling services pursuant to subsection (5)(c) of this section.

(3) Community custody conditions. Unless a condition is waived by the court, the term of community custody for an offender sentenced pursuant to this section shall include the following conditions:

(a) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

(b) The offender shall work at department of corrections-approved education, employment, and/or community service;

(d) The offender shall participate in crime-related treatment or counseling services pursuant to subsection (5) of this section;

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

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

(4) Affirmative conditions. As a part of any sentence imposed under subsection (1) of this section, the court may also order any of the following special conditions:

(a) The offender shall remain within, or outside of, a specified geographical boundary;

(b) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

(d) The offender shall, if reasonably able to do so, contribute to his or her own crime-related treatment or counseling services required under subsection (5) of this section; and

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

(5) Drug treatment/counseling. (a) Within seven days of an order imposing community custody under subsection (1) of this section, the department of corrections shall notify the drug treatment provider designated to provide the crime-related treatment or counseling services to the offender. Within thirty days of receiving that notice, the treatment provider shall prepare a treatment plan and forward it to the department of corrections. On a quarterly basis after the offender begins the drug treatment program, the treatment provider shall prepare and forward a progress report to the department of corrections.

(b) If at any point during the course of drug treatment the treatment provider notifies the department of corrections that the offender is unamenable to the drug treatment being provided, but may be amenable to other drug treatments or related programs, the department may modify the terms of community custody to ensure that the offender receives the appropriate drug treatment or program. The department may not impose conditions that are contrary to those ordered by the court and may not contravene or decrease court-imposed conditions. The department shall notify the offender in writing of any such conditions or modifications. In setting, modifying, and enforcing conditions of community custody, the department shall be deemed to be performing a quasi-judicial function.

(c) If at any point during the course of drug treatment the treatment provider notifies the department that the offender is unamenable to the drug treatment provided and other forms of drug treatment, the department may petition the court to revoke community custody. At the revocation hearing, unless the offender proves by a preponderance of the evidence that there is a drug treatment program to which he is amenable, the court may revoke community custody and impose other available sanctions pursuant to subsection (6) of this section.

(d) Crime-related treatment or counseling services required under subsections (3) and (5) of this section that are a required condition of community custody may not exceed twelve months, provided, however, that additional aftercare services as a condition of community custody may be required for up to six months.

(6) Revocation. For an offender sentenced to a term of community custody under subsection (1) of this section, who violates his or her condition of community custody and as a result has had his or her community custody status revoked by the court, the court may impose a sanction of up to sixty days for each violation. The court may impose sanctions such as home detention with electronic monitoring, inpatient treatment, daily reporting, curfew, community service, education or counseling services, supervision enhanced through electronic monitoring, or any other sanctions available in the community.

(7) Dismissal of charges upon successful completion of drug treatment. At any time after completion of drug treatment required under subsections (3) and (5) of this section, an offender may petition the sentencing court for dismissal of the charges. If the court finds that the offender successfully completed drug treatment, and substantially complied with the conditions of community custody, the conviction on which the community custody was based shall be set aside and the court shall dismiss the indictment or information against the offender. In addition, the arrest on which the conviction was based shall be deemed to have never occurred and the offender shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.

Sec. 3. RCW 9.94A.120 and 2000 c 226 s 2, 2000 c 43 s 1, and 2000 c 28 s 5 are each reenacted and amended to read as follows:

(1) When a person is convicted of a felony, the court shall impose punishment as provided in this chapter.

(2)(a) The court shall impose a sentence as provided in the following sections and as applicable in the case:

(i) Unless another term of confinement applies, the court shall impose a sentence within the standard sentence range established in RCW 9.94A.310;

(ii) RCW 9.94A.700 and 9.94A.705, relating to community placement;

(iii) RCW 9.94A.710 and 9.94A.715, relating to community custody;

(iv) RCW 9.94A.383, relating to community custody for offenders whose term of confinement is one year or less;

(v) RCW 9.94A.--- (section 2 of this act), relating to community custody for delivery or possession of a controlled substance;

(vi) RCW 9.94A.560, relating to persistent offenders;

((~~(vi)~~)) (vii) RCW 9.94A.590, relating to mandatory minimum terms;

((~~(vii)~~)) (viii) RCW 9.94A.650, relating to the first-time offender waiver;

((~~(viii)~~)) (ix) RCW 9.94A.660, relating to the drug offender sentencing alternative;

((~~(ix)~~)) (x) RCW 9.94A.670, relating to the special sex offender sentencing alternative;

((~~(x)~~)) (xi) RCW 9.94A.390, relating to exceptional sentences;

((~~(xi)~~)) (xii) RCW 9.94A.400, relating to consecutive and concurrent sentences.

(b) If a standard sentence range has not been established for the offender's crime, the court shall impose a determinate sentence which may include not more than one year of confinement; community service work; until July 1, 2000, a term of community supervision not to exceed one year and on and after July 1, 2000, a term of community custody not to exceed one year, subject to conditions and sanctions as authorized in RCW 9.94A.710 (2) and (3); and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds reasons justifying an exceptional sentence as provided in RCW 9.94A.390.

(3) 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.

(4) If a sentence imposed includes payment of a legal financial obligation, it shall be imposed as provided in RCW 9.94A.140, 9.94A.142, and 9.94A.145.

(5) Except as provided under RCW 9.94A.140(4) and 9.94A.142(4), a court may not impose a sentence providing for a term of confinement or community supervision, community placement, or community custody which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

(6) 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.

(7) The court shall order restitution as provided in RCW 9.94A.140 and 9.94A.142.

(8) As a part of any sentence, the court may impose and enforce crime-related prohibitions and affirmative conditions as provided in this chapter.

(9) The court may order an offender whose sentence includes community placement or community supervision to undergo a mental status evaluation and to participate in available outpatient mental health treatment, if the court finds that reasonable grounds exist to believe that the offender is a mentally ill person as defined in RCW 71.24.025, and that this condition is likely to have influenced the offense. An order requiring mental status evaluation or treatment must be based on a presentence report and, if applicable, mental status evaluations that have been filed with the court to determine the offender's competency or eligibility for a defense of insanity. The court may order additional evaluations at a later date if deemed appropriate.

(10) In any sentence of partial confinement, the court may require the offender 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.

(11) In sentencing an offender convicted of a crime of domestic violence, as defined in RCW 10.99.020, if the offender has a minor child, or if the victim of the offense for which the offender was convicted has a minor child, the court may, as part of any term of community supervision, community placement, or community custody, order the offender to participate in a domestic violence perpetrator program approved under RCW 26.50.150.