AN
ACT Relating to the time permitted for review by the indeterminate sentence
review board of sex offenders who are sentenced to short sentences under RCW
9.94A.712; amending RCW 9.95.420 and 9.95.011; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9.95.420 and 2001 2nd sp.s. c 12 s 306 are each amended to read as follows:
(1)(a)
Except as provided in (c) of this subsection, before the expiration of
the minimum term, as part of the end of sentence review process under RCW
72.09.340, 72.09.345, and where appropriate, 72.09.370, the department shall
conduct, and the offender shall participate in, an examination of the offender,
incorporating methodologies that are recognized by experts in the prediction of
sexual dangerousness, and including a prediction of the probability that the
offender will engage in sex offenses if released.
(b)
The board may contract for an additional, independent examination, subject to
the standards in this section.
(c)
If at the time the sentence is imposed by the superior court the offender's
minimum term has expired or will expire within one hundred twenty days of the
sentencing hearing, the department shall conduct, within ninety days of the
offender's arrival at a department of corrections facility, and the offender
shall participate in, an examination of the offender, incorporating
methodologies that are recognized by experts in the prediction of sexual
dangerousness, and including a prediction of the probability that the offender
will engage in sex offenses if released.
(2)
The board shall impose the conditions and instructions provided for in RCW
9.94A.720. The board shall consider the department's recommendations and may
impose conditions in addition to those recommended by the department. The
board may impose or modify conditions of community custody following notice to
the offender.
(3)(a)
Except as provided in (b) of this subsection, no later than ninety days
before expiration of the minimum term, but after the board receives the results
from the end of sentence review process and the recommendations for additional
or modified conditions of community custody from the department, the board
shall conduct a hearing to determine whether it is more likely than not that
the offender will engage in sex offenses if released on conditions to be set by
the board. The board may consider an offender's failure to participate in an
evaluation under subsection (1) of this section in determining whether to
release the offender. The board shall order the offender released, under such
affirmative and other conditions as the board determines appropriate, unless the
board determines by a preponderance of the evidence that, despite such
conditions, it is more likely than not that the offender will commit sex
offenses if released. If the board does not order the offender released, the
board shall establish a new minimum term, not to exceed an additional two
years.
(b)
If at the time the offender's minimum term has expired or will expire within
one hundred twenty days of the offender's arrival at a department of
correction's facility, then no later than one hundred twenty days after the
offender's arrival at a department of corrections facility, but after the board
receives the results from the end of sentence review process and the
recommendations for additional or modified conditions of community custody from
the department, the board shall conduct a hearing to determine whether it is
more likely than not that the offender will engage in sex offenses if released
on conditions to be set by the board. The board may consider an offender's
failure to participate in an evaluation under subsection (1) of this section in
determining whether to release the offender. The board shall order the
offender released, under such affirmative and other conditions as the board
determines appropriate, unless the board determines by a preponderance of the
evidence that, despite such conditions, it is more likely than not that the
offender will commit sex offenses if released. If the board does not order the
offender released, the board shall establish a new minimum term, not to exceed
an additional two years.
Sec.
2. RCW
9.95.011 and 2001 2nd sp.s. c 12 s 320 are each amended to read as follows:
(1)
When the court commits a convicted person to the department of corrections on
or after July 1, 1986, for an offense committed before July 1, 1984, the court
shall, at the time of sentencing or revocation of probation, fix the minimum
term. The term so fixed shall not exceed the maximum sentence provided by law
for the offense of which the person is convicted.
The
court shall attempt to set the minimum term reasonably consistent with the
purposes, standards, and sentencing ranges adopted under RCW 9.94A.850, but the
court is subject to the same limitations as those placed on the board under RCW
9.92.090, 9.95.040 (1) through (4), 9.95.115, 9A.32.040, 9A.44.045, and chapter
69.50 RCW. The court's minimum term decision is subject to review to the same
extent as a minimum term decision by the parole board before July 1, 1986.
Thereafter,
the expiration of the minimum term set by the court minus any time credits
earned under RCW 9.95.070 and 9.95.110 constitutes the parole eligibility
review date, at which time the board may consider the convicted person for
parole under RCW 9.95.100 and 9.95.110 and chapter 72.04A RCW. Nothing in this
section affects the board's authority to reduce or increase the minimum term,
once set by the court, under RCW 9.95.040, 9.95.052, 9.95.055, 9.95.070,
9.95.080, 9.95.100, 9.95.115, 9.95.125, or 9.95.047.
(2)(a)
Except as provided in (b) of this subsection, not less than ninety days
prior to the expiration of the minimum term of a person sentenced under RCW
9.94A.712, for a sex offense committed on or after ((July)) September
1, 2001, less any time credits permitted by statute, the board shall review the
person for conditional release to community custody as provided in RCW
9.95.420. If the board does not release the person, it shall set a new minimum
term not to exceed an additional two years. The board shall review the person
again not less than ninety days prior to the expiration of the new minimum
term.
(b)
If at the time a person sentenced under RCW 9.94A.712 for a sex offense
committed on or after September 1, 2001, arrives at a department of corrections
facility, the offender's minimum term has expired or will expire within one
hundred twenty days of the offender's arrival, then no later than one hundred
twenty days after the offender's arrival at a department of corrections
facility, but after the board receives the results from the end of sentence
review process and the recommendations for additional or modified conditions of
community custody from the department, the board shall review the person for
conditional release to community custody as provided in RCW 9.95.420. If the board
does not release the person, it shall set a new minimum term not to exceed an
additional two years. The board shall review the person again not less than
ninety days prior to the expiration of the new minimum term.
NEW
SECTION. Sec. 3. 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 immediately.
