S-3444.1  _______________________________________________

                         SENATE BILL 6344

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senators Kline, McCaslin, Haugen, Johnson, Roach, Finkbeiner, Hochstatter, Rasmussen and Oke

Read first time 01/16/2002.  Referred to Committee on Judiciary.

Requiring sentences of more than nine months to be served in a state facility.

    AN ACT Relating to where sentences are served; and amending RCW 9.94A.190 and 70.48.400.

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

    Sec. 1.  RCW 9.94A.190 and 2001 2nd sp.s. c 12 s 313 are each amended to read as follows:

    (1) A sentence that includes a term or terms of confinement totaling more than ((one year)) nine months shall be served in a facility or institution operated, or utilized under contract, by the state.  Except as provided in subsection (3) or (5) of this section, a sentence of not more than ((one year)) nine months of confinement shall be served in a facility operated, licensed, or utilized under contract, by the county, or if home detention or work crew has been ordered by the court, in the residence of either the offender or a member of the offender's immediate family.

    (2) If a county uses a state partial confinement facility for the partial confinement of a person sentenced to confinement for not more than ((one year)) nine months, the county shall reimburse the state for the use of the facility as provided in this subsection.  The office of financial management shall set the rate of reimbursement based upon the average per diem cost per offender in the facility.  The office of financial management shall determine to what extent, if any, reimbursement shall be reduced or eliminated because of funds provided by the legislature to the department for the purpose of covering the cost of county use of state partial confinement facilities.  The office of financial management shall reestablish reimbursement rates each even-numbered year.

    (3) A person who is sentenced for a felony to a term of not more than ((one year)) nine months, and who is committed or returned to incarceration in a state facility on another felony conviction, either under the indeterminate sentencing laws, chapter 9.95 RCW, or under this chapter shall serve all terms of confinement, including a sentence of not more than ((one year)) nine months, in a facility or institution operated, or utilized under contract, by the state, consistent with the provisions of RCW 9.94A.589.

    (4) Notwithstanding any other provision of this section, a sentence imposed pursuant to RCW 9.94A.660 which has a standard sentence range of over ((one year)) nine months, regardless of length, shall be served in a facility or institution operated, or utilized under contract, by the state.

    (5) Sentences imposed pursuant to RCW 9.94A.712 shall be served in a facility or institution operated, or utilized under contract, by the state.

    Sec. 2.  RCW 70.48.400 and 1987 c 462 s 11 are each amended to read as follows:

    Persons sentenced to felony terms or a combination of terms of more than ((three hundred sixty-five days)) nine months of incarceration shall be committed to state institutions under the authority of the department of corrections.  Persons serving sentences of ((three hundred sixty-five consecutive days)) nine months or less may be sentenced to a jail as defined in RCW 70.48.020.  All persons convicted of felonies or misdemeanors and sentenced to jail shall be the financial responsibility of the city or county.

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