[atlas:bill]

AN ACT Relating to chemical dependency treatment for certain offenders; amending RCW 69.50.101, 70.96A.020, 9.94A.030, 69.50.425, 69.50.430, and 9.94A.360; reenacting and amending RCW 9.94A.120 and 9.94A.320; adding a new section to chapter 9.94A RCW; adding a new section to chapter 69.50 RCW; adding a new section to chapter 70.96A RCW; adding a new section to chapter 43.20A RCW; creating new sections; prescribing penalties; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. This act may be known and cited as the "substance abuse and crime prevention act of 2001."

NEW SECTION. Sec. 2. The legislature finds and declares that:

(1) Substance abuse treatment is a proven public safety and health measure. Nonviolent, drug-dependent criminal offenders who receive chemical dependency treatment are much less likely to abuse drugs and commit future crimes, and are more likely to live healthier, more stable, and more productive lives.

(2) Community safety and health are promoted, and taxpayer dollars are saved, when nonviolent persons convicted of drug possession or drug use are provided appropriate community-based treatment instead of incarceration.

(3) In 1996, Arizona voters by a 2-1 margin passed the drug medicalization, prevention, and control act, which diverted nonviolent drug offenders into chemical dependency treatment and education services rather than incarceration. According to a report prepared by the Arizona supreme court, the Arizona law is "resulting in safer communities and more substance abusing probationers in recovery," has already saved state taxpayers millions of dollars, and is helping more than seventy-five percent of program participants to remain drug free.

NEW SECTION. Sec. 3. The legislature hereby declares its purpose and intent in enacting this act to be as follows:

(1) To enhance public safety by reducing drug-related crime and preserving jails and prison cells for serious and violent offenders, and to improve public health by reducing drug abuse and drug dependence through proven and effective chemical dependency treatment strategies;

(2) To halt the wasteful expenditure of millions of dollars each year on the incarceration and reincarceration of nonviolent drug users who would be better served by community-based treatment; and

(3) To divert from incarceration into community-based substance abuse treatment programs nonviolent drug offenders and offenders under supervision in the community convicted of simple drug possession or drug use offenses.

Sec. 4. RCW 69.50.101 and 1998 c 222 s 3 are each amended to read as follows:

Unless the context clearly requires otherwise, definitions of terms shall be as indicated where used in this chapter:

(a) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:

(1) a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or

(2) the patient or research subject at the direction and in the presence of the practitioner.

(b) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson.

(c) "Approved chemical dependency treatment program" or "approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under chapter 70.96A RCW, which may include one or more of the following: Outpatient treatment, recovery house treatment, narcotic replacement therapy, drug education or prevention courses, and inpatient or residential chemical dependency treatment as necessary to address special detoxification or relapse situations or severe dependence. "Approved chemical dependency treatment program" and "chemical dependency treatment" shall not include chemical dependency treatment programs offered in a prison or jail facility.

(d) "Board" means the state board of pharmacy.

((~~(d)~~)) (e) "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or board rules.

((~~(e)~~)) (f)(1) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:

(i) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or

(ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.

(2) The term does not include:

(i) a controlled substance;

(ii) a substance for which there is an approved new drug application;

(iii) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the extent conduct with respect to the substance is pursuant to the exemption; or

(iv) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.

((~~(f)~~)) (g) "Deliver" or "delivery," means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.

((~~(g)~~)) (h) "Department" means the department of health.

((~~(h)~~)) (i) "Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.

((~~(i)~~)) (j) "Dispenser" means a practitioner who dispenses.

((~~(j)~~)) (k) "Distribute" means to deliver other than by administering or dispensing a controlled substance.

((~~(k)~~)) (l) "Distributor" means a person who distributes.

((~~(l)~~)) (m) "Drug" means (1) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (2) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (3) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (4) controlled substances intended for use as a component of any article specified in (1), (2), or (3) of this subsection. The term does not include devices or their components, parts, or accessories.

((~~(m)~~)) (n) "Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.

((~~(n)~~)) (o) "Immediate precursor" means a substance:

(1) that the state board of pharmacy has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;

(2) that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and

(3) the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.

((~~(o)~~)) (p) "Isomer" means an optical isomer, but in RCW 69.50.101((~~(r)~~)) (t)(5), 69.50.204(a) (12) and (34), and 69.50.206(a)(4), the term includes any geometrical isomer; in RCW 69.50.204(a) (8) and (42), and 69.50.210(c) the term includes any positional isomer; and in RCW 69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term includes any positional or geometric isomer.

((~~(p)~~)) (q) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:

(1) by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or

(2) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

((~~(q)~~)) (r) "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

((~~(r)~~)) (s) "Misdemeanor not related to the use of drugs" means a misdemeanor that does not involve (1) the simple possession or use of drugs or drug paraphernalia, being present where drugs are used, or use of a forged prescription, or (2) any activity similar to those listed in (1) of this subsection.

(t) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.

(2) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.

(3) Poppy straw and concentrate of poppy straw.

(4) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.

(5) Cocaine, or any salt, isomer, or salt of isomer thereof.

(6) Cocaine base.

(7) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.

(8) Any compound, mixture, or preparation containing any quantity of any substance referred to in ((~~subparagraphs~~)) (1) through (7) of this subsection.

((~~(s)~~)) (u) "Nonviolent drug possession offense" means (1) the unlawful possession, use, or transportation for personal use of any controlled substance identified in this chapter, (2) the offense of being under the influence of a controlled substance, or (3) an offense for use of a forged prescription. Nonviolent drug possession offense does not include the unlawful creation, manufacture, production, delivery, sale, or possession with intent to deliver of any controlled substance, or unlawful possession of flunitrazepam.

(v) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.

((~~(t)~~)) (w) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.

((~~(u)~~)) (x) "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

((~~(v)~~)) (y) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

((~~(w)~~)) (z) "Practitioner" means:

(1) A physician under chapter 18.71 RCW, a physician assistant under chapter 18.71A RCW, an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a registered nurse, advanced registered nurse practitioner, or licensed practical nurse under chapter 18.79 RCW, a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.

(2) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.

(3) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine in any state of the United States.

((~~(x)~~)) (aa) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.

((~~(y)~~)) (bb) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.

((~~(z)~~)) (cc) "Secretary" means the secretary of health or the secretary's designee.

((~~(aa)~~)) (dd) "State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.

((~~(bb)~~)) (ee) "Successful completion of treatment" means that an offender who has had chemical dependency treatment imposed as a condition of community custody has completed the prescribed course of chemical dependency treatment and, as a result, there is reasonable cause to believe that the offender will not abuse controlled substances in the future.

(ff) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.

((~~(cc)~~)) (gg) "Electronic communication of prescription information" means the communication of prescription information by computer, or the transmission of an exact visual image of a prescription by facsimile, or other electronic means for original prescription information or prescription refill information for a Schedule III-V controlled substance between an authorized practitioner and a pharmacy or the transfer of prescription information for a controlled substance from one pharmacy to another pharmacy.

Sec. 5. RCW 70.96A.020 and 1998 c 296 s 22 are each amended to read as follows:

For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

(1) "Alcoholic" means a person who suffers from the disease of alcoholism.

(2) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

(3) "Approved chemical dependency treatment program" or "approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter, which may include one or more of the following: Outpatient treatment, recovery house treatment, narcotic replacement therapy, drug education or prevention courses, and inpatient or residential chemical dependency treatment as necessary to address special detoxification or relapse situations or severe dependence. "Approved chemical dependency treatment program" and "chemical dependency treatment" shall not include chemical dependency treatment programs offered in a prison or jail facility.

(4) "Chemical dependency" means alcoholism or drug addiction, or dependence on alcohol and one or more other psychoactive chemicals, as the context requires.

(5) "Chemical dependency program" means expenditures and activities of the department designed and conducted to prevent or treat alcoholism and other drug addiction, including reasonable administration and overhead.

(6) "Department" means the department of social and health services.

(7) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and qualified to do so by meeting standards adopted by the department.

(8) "Director" means the person administering the chemical dependency program within the department.

(9) "Drug addict" means a person who suffers from the disease of drug addiction.

(10) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

(11) "Emergency service patrol" means a patrol established under RCW 70.96A.170.

(12) "Gravely disabled by alcohol or other drugs" means that a person, as a result of the use of alcohol or other drugs: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by a repeated and escalating loss of cognition or volitional control over his or her actions and is not receiving care as essential for his or her health or safety.

(13) "Incapacitated by alcohol or other psychoactive chemicals" means that a person, as a result of the use of alcohol or other psychoactive chemicals, has his or her judgment so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment and presents a likelihood of serious harm to himself or herself, to any other person, or to property.

(14) "Incompetent person" means a person who has been adjudged incompetent by the superior court.

(15) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.

(16) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.

(17) "Likelihood of serious harm" means either: (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on one's self; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused the harm or that places another person or persons in reasonable fear of sustaining the harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others.

(18) "Medical necessity" for inpatient care of a minor means a requested certified inpatient service that is reasonably calculated to: (a) Diagnose, arrest, or alleviate a chemical dependency; or (b) prevent the worsening of chemical dependency conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available.

(19) "Minor" means a person less than eighteen years of age.

(20) "Parent" means the parent or parents who have the legal right to custody of the child. Parent includes custodian or guardian.

(21) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.

(22) "Person" means an individual, including a minor.

(23) "Professional person in charge" or "professional person" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered by a certified treatment program with authority to make assessment, admission, continuing care, and discharge decisions on behalf of the certified program.

(24) "Secretary" means the secretary of the department of social and health services.

(25) "Treatment" means the broad range of emergency, detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.

(26) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of alcoholics or other drug addicts.

Sec. 6. RCW 9.94A.030 and 2000 c 28 s 2 are each amended to read as follows:

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

(1) "Approved chemical dependency treatment program" or "approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under chapter 70.96A RCW, which may include one or more of the following: Outpatient treatment, recovery house treatment, narcotic replacement therapy, drug education or prevention courses, and inpatient or residential chemical dependency treatment as necessary to address special detoxification or relapse situations or severe dependence.

(2) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.145, 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 offender's sentence of confinement in lieu of earned release time or imposed pursuant to RCW 9.94A.120(2)(b), 9.94A.650 through 9.94A.670, 9.94A.137, 9.94A.700 through 9.94A.715, or 9.94A.383, served in the community subject to controls placed on the offender's movement and activities by the department. For offenders placed on community custody for crimes committed on or after July 1, 2000, the department shall assess the offender's risk of reoffense and may establish and modify conditions of community custody, in addition to those imposed by the court, based upon the risk to community safety.

((~~(5)~~)) (6) "Community custody range" means the minimum and maximum period of community custody included as part of a sentence under RCW 9.94A.715, as established by the commission or the legislature under RCW 9.94A.040, for crimes committed on or after July 1, 2000.

((~~(6)~~)) (7) "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 release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

((~~(7)~~)) (8) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.

((~~(8)~~)) (9) "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. Where the court finds that any offender has a chemical dependency that has contributed to his or her offense, the conditions of supervision may, subject to available resources, include treatment. 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.

((~~(9)~~)) (10) "Confinement" means total or partial confinement.

((~~(10)~~)) (11) "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.

((~~(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 court 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 offender's daily activities and compliance with sentence conditions, and in which the offender is required to report daily to a specific location designated by the department or the sentencing court.

((~~(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 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 offender 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 offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense other than a violent offense or a sex offense and who are eligible for the option under RCW 9.94A.660.

((~~(19)~~)) (20) "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.

((~~(20)~~)) (21) "Earned release" means earned release from confinement as provided in RCW 9.94A.150.

((~~(21)~~)) (22) "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.

((~~(22)~~)) (23) "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.

((~~(23)~~)) (24) "Fine" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specific period of time.

((~~(24)~~)) (25) "First-time offender" means any person who has no prior convictions for a felony and is eligible for the first-time offender waiver under RCW 9.94A.650.

((~~(25)~~)) (26) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.

((~~(26)~~)) (27) "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 RCW 38.52.430.

((~~(27)~~)) (28) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:

(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;

(d) Child molestation in the second degree;

(e) Controlled substance homicide;

(f) Extortion in the first degree;

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

(h) Indecent liberties;

(i) Kidnapping in the second degree;

(j) Leading organized crime;

(k) Manslaughter in the first degree;

(l) Manslaughter in the second degree;

(m) Promoting prostitution in the first degree;

(n) Rape in the third degree;

(o) Robbery in the second degree;

(p) Sexual exploitation;

(q) Vehicular assault;

(r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

(s) Any other class B felony offense with a finding of sexual motivation;

(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.

((~~(28)~~)) (29) "Nonviolent drug possession offense" means (a) the unlawful possession, use, or transportation for personal use of any controlled substance identified in chapter 69.50 RCW, (b) the offense of being under the influence of a controlled substance, or (c) the offense of use of a forged prescription. Nonviolent drug possession offense does not include the unlawful creation, manufacture, production, delivery, sale, or possession with intent to deliver of any controlled substance, or unlawful possession of flunitrazepam.

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

((~~(29)~~)) (31) "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.

((~~(30)~~)) (32) "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.

((~~(31)~~)) (33) "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 ((~~(31)~~)) (33)(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 (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 (b)(i) of this subsection only when the offender was eighteen years of age or older when the offender committed the offense.

((~~(32)~~)) (34) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

((~~(33)~~)) (35) "Restitution" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specified period of time as payment of damages. The sum may include both public and private costs.

((~~(34)~~)) (36) "Risk assessment" means the application of an objective instrument supported by research and adopted by the department for the purpose of assessing an offender's risk of reoffense, taking into consideration the nature of the harm done by the offender, place and circumstances of the offender related to risk, the offender's relationship to any victim, and any information provided to the department by victims. The results of a risk assessment shall not be based on unconfirmed or unconfirmable allegations.

((~~(35)~~)) (37) "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.

((~~(36)~~)) (38) "Serious violent offense" is a subcategory of violent offense and means:

(a)(i) Murder in the first degree;

(ii) Homicide by abuse;

(iii) Murder in the second degree;

(iv) Manslaughter in the first degree;

(v) Assault in the first degree;

(vi) Kidnapping in the first degree;

(vii) Rape in the first degree;

(viii) Assault of a child in the first degree; or

(ix) 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.

((~~(37)~~)) (39) "Sex offense" means:

(a) A felony that is a violation of:

(i) Chapter 9A.44 RCW other than RCW 9A.44.130(11);

(ii) RCW 9A.64.020;

(iii) RCW 9.68A.090; or

(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

(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 sex offense in (a) of this subsection;

(d) 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.

((~~(38)~~)) (40) "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.

((~~(39)~~)) (41) "Standard sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

((~~(40)~~)) (42) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the crime, or other statute defining the maximum penalty for a crime.

((~~(41)~~)) (43) "Successful completion of treatment" means that an offender who has had chemical dependency treatment imposed as a condition of community custody has completed the prescribed course of chemical dependency treatment and, as a result, there is reasonable cause to believe that the offender will not abuse controlled substances in the future.

(44) "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.

((~~(42)~~)) (45) "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.

((~~(43)~~)) (46) "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.

((~~(44)~~)) (47) "Violent offense" means:

(a) Any of the following felonies:

(i) Any felony defined under any law as a class A felony or an attempt to commit a class A felony;

(ii) Criminal solicitation of or criminal conspiracy to commit a class A felony;

(iii) Manslaughter in the first degree;

(iv) Manslaughter in the second degree;

(v) Indecent liberties if committed by forcible compulsion;

(vi) Kidnapping in the second degree;

(vii) Arson in the second degree;

(viii) Assault in the second degree;

(ix) Assault of a child in the second degree;

(x) Extortion in the first degree;

(xi) Robbery in the second degree;

(xii) Drive-by shooting;

(xiii) Vehicular assault; and

(xiv) 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.

((~~(45)~~)) (48) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community that complies with RCW 9.94A.135.

((~~(46)~~)) (49) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.137 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.

((~~(47)~~)) (50) "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.

Sec. 7. RCW 69.50.425 and 1989 c 271 s 105 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section and section 11 of this act, a person who is convicted of a misdemeanor violation of any provision of this chapter shall be punished by imprisonment for not less than twenty-four consecutive hours, and by a fine of not less than two hundred fifty dollars. On a second or subsequent conviction, the fine shall not be less than five hundred dollars. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant's physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of forty hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred.

(2) When any person is convicted of a misdemeanor nonviolent drug possession offense and referred to an approved treatment program in lieu of incarceration under section 11 of this act, the court shall suspend the imposition of incarceration under this section during the time that the offender is receiving treatment. The court shall have the discretion to suspend the fines required by this section until such time as the offender successfully completes treatment or to require the offender to apply such fines to the payment for services of an approved chemical dependency treatment program. Following successful completion of treatment imposed in lieu of incarceration under section 11 of this act, the court shall dismiss the term of incarceration and may waive any remaining amount of the fines prescribed in this section if the court finds the person to be indigent.

Sec. 8. RCW 69.50.430 and 1989 c 271 s 106 are each amended to read as follows:

(1) Every person convicted of a felony violation of RCW 69.50.401, 69.50.402, 69.50.403, 69.50.406, 69.50.407, 69.50.410, or 69.50.415 shall be fined one thousand dollars in addition to any other fine or penalty imposed. Except as provided in subsection (3) of this section, unless the court finds the person to be indigent, this additional fine shall not be suspended or deferred by the court.

(2) On a second or subsequent conviction for violation of any of the laws listed in subsection (1) of this section, the person shall be fined two thousand dollars in addition to any other fine or penalty imposed. Except as provided in subsection (3) of this section, unless the court finds the person to be indigent, this additional fine shall not be suspended or deferred by the court.

(3) When any person is convicted of a nonviolent drug possession offense and referred to an approved chemical dependency treatment program in lieu of incarceration under section 10 of this act, the court shall have the discretion to suspend the fines required by this section until such time as the offender successfully completes treatment or to require the offender to apply such fines to the payment for services of an approved chemical dependency treatment program. Following successful completion of treatment imposed in lieu of incarceration under section 10 of this act, the court may waive any remaining amount of the fines prescribed in this section if the court finds the person to be indigent.

Sec. 9. 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.560, relating to persistent offenders;

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

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

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

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

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

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

(xii) Section 10 of this act, relating to nonviolent drug possession offenders.

(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.

NEW SECTION. Sec. 10. A new section is added to chapter 9.94A RCW to read as follows:

(1) Notwithstanding any other provision of law, and except as provided in subsection (2) of this section, any person convicted of a nonviolent drug possession offense shall receive a standard range sentence and range of community custody which shall all be served under community custody in lieu of incarceration.

(a) As a condition of community custody under this section the court shall require participation in and completion of an approved chemical dependency treatment program. Unless a condition is waived by the court, the conditions of community custody shall include those provided for in RCW 9.94A.700(4). The conditions may also include those provided for in RCW 9.94A.700(5). The court may also order the offender to participate in additional rehabilitative programs or otherwise perform affirmative conduct reasonably related to the circumstances of the offense, the offender's risk of reoffending, or the safety of the community and the department shall enforce such conditions pursuant to RCW 9.94A.715.

(b) The court shall also require the offender to comply with any conditions imposed by the department under RCW 9.94A.720. The department shall assess the offender's risk of reoffense and may establish and modify additional conditions of the offender's community custody based upon the risk to community safety. In addition, the department may require the offender to participate in additional rehabilitative programs, or otherwise perform affirmative conduct, and to obey all laws.

(c) 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.

(d) A court may not impose incarceration as an additional condition of community custody, however, incarceration may be imposed, following a hearing, as a sanction for a violation of the conditions of community custody. Aside from the limitations imposed in this subsection, the trial court is not otherwise limited in the type of conditions it may impose.

(e) In addition to any fines or legal financial obligations assessed under other provisions of law, the trial court shall require any person convicted of a nonviolent drug possession offense who is reasonably able to do so to contribute to the cost of their own placement in a chemical dependency treatment program.

(2) Subsection (1) of this section shall not apply to:

(a) Any offender who has previously been convicted of one or more sex offenses, violent offenses, or serious violent offenses, unless the nonviolent drug possession offense occurred after a period of five years in which the offender remained free of both prison custody and the commission of an offense which results in (i) a felony conviction other than a nonviolent drug possession offense or (ii) a misdemeanor conviction involving physical injury or the threat of physical injury to another person;

(b) Any offender who, in addition to one or more nonviolent drug possession offenses, has been convicted in the same proceeding of any felony or a misdemeanor not related to the use of drugs;

(i) While in possession of a firearm, unlawfully possesses any amount of (A) a substance containing either cocaine base, cocaine, heroin, or methamphetamine, or (B) a liquid, nonliquid, plant substance, or hand-rolled cigarette, containing phencyclidine; or

(ii) While in possession of a firearm, is unlawfully under the influence of cocaine base, cocaine, heroin, methamphetamine, or phencyclidine;

(d) Any offender who refuses chemical dependency treatment as a condition of community custody; or

(e) Any offender who (i) has two separate convictions for nonviolent drug possession offenses, (ii) has participated in two separate courses of chemical dependency treatment pursuant to subsection (1) of this section, and (iii) is found by the court, by clear and convincing evidence, to be unamenable to any form of available chemical dependency treatment.

(3) Within seven days of an order imposing community custody under subsection (1) of this section, the department shall notify the chemical dependency treatment provider designated to provide chemical dependency treatment under subsection (1) of this section. Within thirty days of receiving that notice, the treatment provider shall prepare a treatment plan and forward it to the department. On a quarterly basis after the offender begins the chemical dependency treatment program, the treatment provider shall prepare and forward a progress report to the department.

(a) If at any point during the course of chemical dependency treatment the treatment provider notifies the department that the offender is unamenable to the treatment being provided, but may be amenable to other reasonably available chemical dependency treatments or related programs, the department may modify or move the court to modify the terms of the sentence to ensure that the offender receives the alternative chemical dependency treatment or program. If the modification is not contrary to conditions ordered by the court and does not contravene or decrease court-imposed conditions, the department may impose the modification as provided in RCW 9.94A.715.

(b) If at any point during the course of chemical dependency treatment the treatment provider notifies the department that the offender is unamenable to the treatment provided and all other forms of chemical dependency treatment, the department may, following the administrative procedures established in RCW 9.94A.205, revoke community custody. At the revocation hearing, unless the offender proves by a preponderance of the evidence that there is an existing and available chemical dependency treatment program to which he or she is amenable, the department may administratively revoke community custody.

(c) Chemical dependency treatment services provided by subsection (1) of this section as a mandatory condition of community custody may not exceed twelve months. However, additional aftercare services as a condition of custody may be required for up to six months.

(4)(a) Upon petition of the offender, the court shall have the authority to order the conviction set aside following successful completion of treatment and presentation of evidence that the offender has remained free of drugs for two years. If the community custody was revoked, the conviction may not be set aside. If the court finds that the offender successfully completed chemical dependency treatment, and substantially complied with the conditions of community custody, the conviction shall be set aside and the arrest on which the conviction was based shall be deemed to have never occurred. Except as provided in (b) of this subsection and subsection (5) of this section, the offender shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.

(b) A court's order to set aside a conviction pursuant to (a) of this subsection shall not restore the right to receive, possess, own, or transport firearms, which may be restored only pursuant to RCW 9.41.047.

(c) Except as otherwise provided in this subsection (4)(c), after a conviction is set aside pursuant to (a) of this subsection, the offender may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or convicted for the offense. Except as otherwise provided in this subsection (4)(c), a record pertaining to an arrest or conviction resulting in successful completion of an approved chemical dependency treatment program under this section shall not, without the offender's consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate. The Washington state patrol may not release a record pertaining to a set-aside conviction except under (b) of this subsection and except that, regardless of his or her successful completion of chemical dependency treatment, the arrest and conviction on which the community custody was based may be recorded by the Washington state patrol and disclosed in response to any peace officer application request or any law enforcement inquiry. Setting aside a conviction under this section does not relieve an offender of the obligation to disclose the arrest and conviction in response to any direct question contained in any questionnaire or application for public office, for a position as a peace officer, for licensure by any state or local agency, for contracting with the Washington state lottery commission, or for purposes of serving on a jury.

(5)(a) If community custody is revoked pursuant to the provisions of this subsection, the offender may be incarcerated for the remainder of his or her sentence.

(b) Where an offender receives community custody under subsection (1) of this section and violates the conditions of supervision either by being arrested for an offense that is not a nonviolent drug possession offense, or by violating a nondrug-related condition of supervision, and the community corrections officer moves to revoke community custody, the department shall conduct a hearing under RCW 9.94A.205 to determine whether community custody shall be revoked. The department shall revoke community custody if the alleged violation is proved unless the offender shows good cause why the community custody should not be revoked. Even if the offender shows good cause, the department may modify the conditions of the community custody.

(c)(i) Where an offender receives community custody under subsection (1) of this section, and violates the conditions of supervision either by being arrested for a nonviolent drug possession offense or by violating a drug-related condition of supervision, and the community corrections officer moves to revoke community custody, the department shall conduct a hearing under RCW 9.94A.205 to determine whether community custody shall be revoked. The department shall revoke community custody if the alleged violation is proved and the department proves by a preponderance of the evidence either that the offender poses a danger to the safety of others or is unamenable to chemical dependency treatment. In determining whether an offender is unamenable to chemical dependency treatment, the court may consider, to the extent relevant, whether the offender has (A) committed a serious violation of rules at the chemical dependency treatment program, (B) repeatedly committed violations of program rules that inhibit the offender's ability to function in the program, or (C) continually refused to participate in the program or asked to be removed from the program. If the department does not revoke community custody, it may modify the chemical dependency treatment plan in accordance with RCW 9.94A.205.

(ii) Where an offender receives community custody under subsection (1) of this section, and for a third time violates the conditions of supervision either by being arrested for a nonviolent drug possession offense, or by violating a drug-related condition of supervision, and the community corrections officer moves for a third time to revoke community custody, the department shall conduct a hearing to determine whether community custody shall be revoked. If the alleged violation is proved, the offender is not eligible for continued community custody under subsection (1) of this section and the community custody shall be revoked.

NEW SECTION. Sec. 11. A new section is added to chapter 69.50 RCW to read as follows:

(1) Notwithstanding any other provision of law, and except as provided in subsection (2) of this section, any person convicted of a nonviolent drug possession offense that is not a felony shall serve any sentence term under community custody in lieu of incarceration.

(a) As a condition of community custody under this section the court shall require participation in and completion of an approved chemical dependency treatment program. Unless a condition is waived by the court, the conditions of community custody shall include those provided for in RCW 9.94A.700(4). The conditions may also include those provided for in RCW 9.94A.700(5). The court may also order the offender to participate in additional rehabilitative programs or otherwise perform affirmative conduct reasonably related to the circumstances of the offense, the offender's risk of reoffending, or the safety of the community, and the department of corrections shall enforce such conditions pursuant to RCW 9.94A.715.

(b) The court shall also require the offender to comply with any conditions imposed by the department of corrections under RCW 9.94A.720. The department of corrections shall assess the offender's risk of reoffense and may establish and modify additional conditions of the offender's community custody based upon the risk to community safety. In addition, the department of corrections may require the offender to participate in additional rehabilitative programs, or otherwise perform affirmative conduct, and to obey all laws.

(c) The department of corrections may not impose conditions that are contrary to those ordered by the court and may not contravene or decrease court-imposed conditions. The department of corrections shall notify the offender in writing of any such conditions or modifications. In setting, modifying, and enforcing conditions of community custody, the department of corrections shall be deemed to be performing a quasi-judicial function.

(2) Subsection (1) of this section shall not apply to:

(b) Any offender who, in addition to one or more nonviolent drug possession offenses, has been convicted in the same proceeding of any felony or a misdemeanor not related to the use of drugs;

(ii) While in possession of a firearm, is unlawfully under the influence of cocaine base, cocaine, heroin, methamphetamine, or phencyclidine;

(d) Any offender who refuses chemical dependency treatment as a condition of community custody; or

(3) Within seven days of an order imposing community custody under subsection (1) of this section, the department of corrections shall notify the chemical dependency treatment provider designated to provide chemical dependency treatment under subsection (1) of this section. 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 chemical dependency treatment program, the treatment provider shall prepare and forward a progress report to the department of corrections.

(a) If at any point during the course of chemical dependency treatment the treatment provider notifies the department of corrections that the offender is unamenable to the treatment being provided, but may be amenable to other reasonably available chemical dependency treatments or related programs, the department of corrections may modify or move the court to modify the terms of the sentence to ensure that the offender receives the alternative chemical dependency treatment or program. If the modification is not contrary to conditions ordered by the court and does not contravene or decrease court-imposed conditions, the department of corrections may impose the modification as provided in RCW 9.94A.715.

(b) If at any point during the course of chemical dependency treatment the treatment provider notifies the department of corrections that the offender is unamenable to the treatment provided and all other forms of chemical dependency treatment, the department of corrections may, following the administrative procedures established in RCW 9.94A.205, revoke community custody. At the revocation hearing, unless the offender proves by a preponderance of the evidence that there is an existing and available chemical dependency treatment program to which he or she is amenable, the department of corrections may administratively revoke community custody.

(5)(a) If community custody is revoked pursuant to the provisions of this subsection, the offender may be incarcerated for the remainder of his or her sentence.

(b) Where an offender receives community custody under subsection (1) of this section and violates the conditions of supervision either by being arrested for an offense that is not a nonviolent drug possession offense, or by violating a nondrug-related condition of supervision, and the community corrections officer moves to revoke community custody, the department of corrections shall conduct a hearing under RCW 9.94A.205 to determine whether community custody shall be revoked. The department of corrections shall revoke community custody if the alleged violation is proved unless the offender shows good cause why the community custody should not be revoked. Even if the offender shows good cause, the department of corrections may modify the conditions of the community custody.

(c)(i) Where an offender receives community custody under subsection (1) of this section, and violates the conditions of supervision either by being arrested for a nonviolent drug possession offense or by violating a drug-related condition of supervision, and the community corrections officer moves to revoke community custody, the department of corrections shall conduct a hearing under RCW 9.94A.205 to determine whether community custody shall be revoked. The department of corrections shall revoke community custody if the alleged violation is proved and the department of corrections proves by a preponderance of the evidence either that the offender poses a danger to the safety of others or is unamenable to chemical dependency treatment. In determining whether an offender is unamenable to chemical dependency treatment, the court may consider, to the extent relevant, whether the offender has (A) committed a serious violation of rules at the chemical dependency treatment program, (B) repeatedly committed violations of program rules that inhibit the offender's ability to function in the program, or (C) continually refused to participate in the program or asked to be removed from the program. If the department of corrections does not revoke community custody, it may modify the chemical dependency treatment plan in accordance with RCW 9.94A.205.

(ii) Where an offender receives community custody under subsection (1) of this section, and for a third time violates the conditions of supervision either by being arrested for a nonviolent drug possession offense, or by violating a drug-related condition of supervision, and the community corrections officer moves for a third time to revoke community custody, the department of corrections shall conduct a hearing to determine whether community custody shall be revoked. If the alleged violation is proved, the offender is not eligible for continued community custody under subsection (1) of this section and the community custody shall be revoked.

Sec. 12. RCW 9.94A.320 and 2000 c 225 s 5, 2000 c 119 s 17, and 2000 c 66 s 2 are each reenacted and amended to read as follows:

TABLE 2

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

XVIAggravated Murder 1 (RCW 10.95.020)

XVHomicide by abuse (RCW 9A.32.055)

Malicious explosion 1 (RCW 70.74.280(1))

Murder 1 (RCW 9A.32.030)

XIVMurder 2 (RCW 9A.32.050)

XIIIMalicious 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)

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

Rape 1 (RCW 9A.44.040)

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

XIManslaughter 1 (RCW 9A.32.060)

Rape 2 (RCW 9A.44.050)

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

XChild Molestation 1 (RCW 9A.44.083)

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

Kidnapping 1 (RCW 9A.40.020)

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

Malicious explosion 3 (RCW 70.74.280(3))

Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

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

Controlled Substance Homicide (RCW 69.50.415)

Explosive devices prohibited (RCW 70.74.180)

Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)

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

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, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

Robbery 1 (RCW 9A.56.200)

Sexual Exploitation (RCW 9.68A.040)

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

VIIIArson 1 (RCW 9A.48.020)

((~~Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))~~))

Hit and Run‑-Death (RCW 46.52.020(4)(a))

Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)

Manslaughter 2 (RCW 9A.32.070)

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

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

~~Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)~~))

Promoting Prostitution 1 (RCW 9A.88.070)

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

Theft of Anhydrous Ammonia (RCW 69.55.010)

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

VIIBurglary 1 (RCW 9A.52.020)

Child Molestation 2 (RCW 9A.44.086)

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

Drive-by Shooting (RCW 9A.36.045)

Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)

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

Introducing Contraband 1 (RCW 9A.76.140)

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

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

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

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

Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

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

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

Bribery (RCW 9A.68.010)

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

Incest 1 (RCW 9A.64.020(1))

Intimidating a Judge (RCW 9A.72.160)

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

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

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

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

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

Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)

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

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

Theft of a Firearm (RCW 9A.56.300)

Unlawful Storage of Anhydrous Ammonia (RCW 69.55.020)

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

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

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

Child Molestation 3 (RCW 9A.44.089)

Criminal Mistreatment 1 (RCW 9A.42.020)

Custodial Sexual Misconduct 1 (RCW 9A.44.160)

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

Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)

Extortion 1 (RCW 9A.56.120)

Extortionate Extension of Credit (RCW 9A.82.020)

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

Incest 2 (RCW 9A.64.020(2))

Kidnapping 2 (RCW 9A.40.030)

Perjury 1 (RCW 9A.72.020)

Persistent prison misbehavior (RCW 9.94.070)

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

Rape 3 (RCW 9A.44.060)

Rendering Criminal Assistance 1 (RCW 9A.76.070)

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

Sexually Violating Human Remains (RCW 9A.44.105)

Stalking (RCW 9A.46.110)

IVArson 2 (RCW 9A.48.030)

Assault 2 (RCW 9A.36.021)

Assault by Watercraft (RCW 79A.60.060)

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

Commercial Bribery (RCW 9A.68.060)

Counterfeiting (RCW 9.16.035(4))

Escape 1 (RCW 9A.76.110)

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

Hit and Run with Vessel‑-Injury Accident (RCW 79A.60.200(3))

Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

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

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

Malicious Harassment (RCW 9A.36.080)

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

Residential Burglary (RCW 9A.52.025)

Robbery 2 (RCW 9A.56.210)

Theft of Livestock 1 (RCW 9A.56.080)

Threats to Bomb (RCW 9.61.160)

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

Vehicular Assault (RCW 46.61.522)

Willful Failure to Return from Furlough (RCW 72.66.060)

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

Assault 3 (RCW 9A.36.031)

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

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

Burglary 2 (RCW 9A.52.030)

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

Criminal Gang Intimidation (RCW 9A.46.120)

Criminal Mistreatment 2 (RCW 9A.42.030)

Custodial Assault (RCW 9A.36.100)

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

Escape 2 (RCW 9A.76.120)

Extortion 2 (RCW 9A.56.130)

Harassment (RCW 9A.46.020)

Intimidating a Public Servant (RCW 9A.76.180)

Introducing Contraband 2 (RCW 9A.76.150)

Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))

Malicious Injury to Railroad Property (RCW 81.60.070)

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

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

Patronizing a Juvenile Prostitute (RCW 9.68A.100)

Perjury 2 (RCW 9A.72.030)

Possession of Incendiary Device (RCW 9.40.120)

Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

Promoting Prostitution 2 (RCW 9A.88.080)

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

Securities Act violation (RCW 21.20.400)

Tampering with a Witness (RCW 9A.72.120)

Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)

Theft of Livestock 2 (RCW 9A.56.080)

Unlawful Imprisonment (RCW 9A.40.040)

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

Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

Willful Failure to Return from Work Release (RCW 72.65.070)

IIComputer Trespass 1 (RCW 9A.52.110)

Counterfeiting (RCW 9.16.035(3))

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

Escape from Community Custody (RCW 72.09.310)

Health Care False Claims (RCW 48.80.030)

Malicious Mischief 1 (RCW 9A.48.070)

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

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

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

Theft 1 (RCW 9A.56.030)

Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))

Trafficking in Insurance Claims (RCW 48.30A.015)

Unlawful Practice of Law (RCW 2.48.180)

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

IAttempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

False Verification for Welfare (RCW 74.08.055)

Forged Prescription (RCW 69.41.020)

Forged Prescription for a Controlled Substance (RCW 69.50.403)

Forgery (RCW 9A.60.020)

Malicious Mischief 2 (RCW 9A.48.080)

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

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

Reckless Burning 1 (RCW 9A.48.040)

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

Theft 2 (RCW 9A.56.040)

Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))

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

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

Vehicle Prowl 1 (RCW 9A.52.095)

Sec. 13. RCW 9.94A.360 and 2000 c 28 s 15 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 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. When these convictions are used as criminal history, score them the same as a completed crime.

(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), or (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 a serious violent offense, count three points for prior adult and juvenile convictions for crimes in this category, 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 count one point for each adult and 1/2 point for each juvenile prior conviction; for each serious traffic offense, other than those used for an enhancement pursuant to RCW 46.61.520(2), 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)~~)) (13) 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)~~)) (14) 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)~~)) (15) If the present conviction is for a sex offense, count priors as in subsections (7) through ((~~(15)~~)) (14) of this section; however count three points for each adult and juvenile prior sex offense conviction.

((~~(17)~~)) (16) If the present conviction is for an offense committed while the offender was under community placement, add one point.

NEW SECTION. Sec. 14. A new section is added to chapter 70.96A RCW to read as follows:

(1) Savings to the department of corrections realized under sections 12 and 13, chapter . . ., Laws of 2001 (sections 12 and 13 of this act) shall be allocated, on an ongoing basis, to the division of alcohol and substance abuse solely for the treatment of nonviolent drug possession offenders at the state and local levels.

(2) The department of social and health services shall enter into an interagency agreement with the department of corrections to accomplish the intent and purpose of this act.

(3) The division of alcohol and substance abuse shall establish a method to ensure that funds shall be allocated to counties through a fair and equitable distribution formula that includes, but is not limited to, per capita convictions for controlled substance possession violations and substance abuse treatment caseload, as determined by the division of alcohol and substance abuse and the department of corrections, as necessary to carry out the purposes of this act. The secretary of the department of social and health services may reserve a portion of the fund to pay for direct contracts with drug treatment service providers in counties or areas in which the department director has determined that demand for drug treatment services is not adequately met by existing programs.

(4) The secretary of the department of corrections and the secretary of the department of social and health services shall adopt rules to implement this act.

NEW SECTION. Sec. 15. (1) The Washington state institute for public policy shall evaluate the effectiveness and financial impact of this act in meeting its stated purpose and intent including the utilization of community custody in lieu of incarceration for nonviolent drug-possession offenders, improvement in public health through the reduction of drug abuse and dependence, the enhancement of public safety by reducing drug-related crime and reserving incarceration for serious and violent offenders, and taxpayer savings.

(2) The evaluation shall address whether:

(a) The eligible population has been diverted from incarceration to community custody and treatment;

(b) The extent to which offenders sentenced under section 10 or 11 of this act successfully complete treatment and have their convictions set aside;

(d) This act has reduced criminal recidivism among the eligible population; and

(e) This act has resulted in a savings of taxpayer resources, including an assessment of savings from forestalled incarcerations.

NEW SECTION. Sec. 16. A new section is added to chapter 43.20A RCW to read as follows:

The department of social and health services shall annually audit the expenditures made by any county which is funded, in whole or in part, with funds provided by this act. Counties shall repay any funds that are not spent in accordance with the requirements of this act.

NEW SECTION. Sec. 17. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 18. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001.