AN
ACT Relating to the department of corrections' authority to require offenders
eligible for release to community custody status in lieu of earned release to
propose a release plan that complies with the department's program for placing
offenders in the community in lieu of early release; amending RCW 9.94A.728;
creating new sections; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature has determined in RCW 9.94A.728(2) that the department of
corrections may transfer offenders to community custody status in lieu of
earned release time in accordance with a program developed by the department of
corrections. It is the legislature's intent, in response to: In re:
Capello 106 Wn.App. 576 (2001), to clarify the law to reflect that the
secretary of the department has, and has had since enactment of the community
placement act of 1988, the authority to require all offenders, eligible for
release to community custody status in lieu of earned release, to provide a
release plan that includes an approved residence and living arrangement prior
to any transfer to the community.
Sec.
2. RCW
9.94A.728 and 2000 c 28 s 28 are each amended to read as follows:
No
person serving a sentence imposed pursuant to this chapter and committed to the
custody of the department shall leave the confines of the correctional facility
or be released prior to the expiration of the sentence except as follows:
(1)
Except as otherwise provided for in subsection (2) of this section, the term of
the sentence of an offender committed to a correctional facility operated by
the department may be reduced by earned release time in accordance with
procedures that shall be developed and promulgated by the correctional agency
having jurisdiction in which the offender is confined. The earned release time
shall be for good behavior and good performance, as determined by the
correctional agency having jurisdiction. The correctional agency shall not
credit the offender with earned release credits in advance of the offender
actually earning the credits. Any program established pursuant to this section
shall allow an offender to earn early release credits for presentence
incarceration. If an offender is transferred from a county jail to the
department, the administrator of a county jail facility shall certify to the
department the amount of time spent in custody at the facility and the amount
of earned release time. An offender who has been convicted of a felony
committed after July 23, 1995, that involves any applicable deadly weapon
enhancements under RCW 9.94A.510 (3) or (4), or both, shall not receive any
good time credits or earned release time for that portion of his or her
sentence that results from any deadly weapon enhancements. In the case of an
offender convicted of a serious violent offense, or a sex offense that is a
class A felony, committed on or after July 1, 1990, the aggregate earned
release time may not exceed fifteen percent of the sentence. In no other case
shall the aggregate earned release time exceed one-third of the total sentence;
(2)(a)
A person convicted of a sex offense or an offense categorized as a serious
violent offense, assault in the second degree, vehicular homicide, vehicular
assault, assault of a child in the second degree, any crime against persons
where it is determined in accordance with RCW 9.94A.602 that the offender or an
accomplice was armed with a deadly weapon at the time of commission, or any felony
offense under chapter 69.50 or 69.52 RCW, committed before July 1, 2000, may
become eligible, in accordance with a program developed by the department, for
transfer to community custody status in lieu of earned release time pursuant to
subsection (1) of this section;
(b)
A person convicted of a sex offense, a violent offense, any crime against
persons under RCW 9.94A.411(2), or a felony offense under chapter 69.50 or
69.52 RCW, committed on or after July 1, 2000, may become eligible, in
accordance with a program developed by the department, for transfer to
community custody status in lieu of earned release time pursuant to subsection
(1) of this section;
(c)
The department shall, as a part of its program for release to the community in
lieu of earned release, require the offender to propose a release plan that
includes an approved residence and living arrangement. All offenders with
community placement or community custody terms eligible for release to
community custody status in lieu of earned release shall provide an approved
residence and living arrangement prior to release to the community;
(d)
The department may deny transfer to community custody status in lieu of earned
release time pursuant to subsection (1) of this section if the department determines
an offender's release plan, including proposed residence location and living
arrangements, may violate the conditions of the sentence or conditions of
supervision, place the offender at risk to violate the conditions of the
sentence, place the offender at risk to reoffend, or present a risk to victim
safety or community safety. The department's authority under this section is
independent of any court-ordered condition of sentence or statutory provision
regarding conditions for community custody or community placement;
(3)
An offender may leave a correctional facility pursuant to an authorized
furlough or leave of absence. In addition, offenders may leave a correctional
facility when in the custody of a corrections officer or officers;
(4)(a)
The secretary may authorize an extraordinary medical placement for an offender
when all of the following conditions exist:
(i)
The offender has a medical condition that is serious enough to require costly
care or treatment;
(ii)
The offender poses a low risk to the community because he or she is physically
incapacitated due to age or the medical condition; and
(iii)
Granting the extraordinary medical placement will result in a cost savings to
the state.
(b)
An offender sentenced to death or to life imprisonment without the possibility
of release or parole is not eligible for an extraordinary medical placement.
(c)
The secretary shall require electronic monitoring for all offenders in
extraordinary medical placement unless the electronic monitoring equipment
interferes with the function of the offender's medical equipment or results in
the loss of funding for the offender's medical care. The secretary shall
specify who shall provide the monitoring services and the terms under which the
monitoring shall be performed.
(d)
The secretary may revoke an extraordinary medical placement under this
subsection at any time.
(5)
The governor, upon recommendation from the clemency and pardons board, may
grant an extraordinary release for reasons of serious health problems,
senility, advanced age, extraordinary meritorious acts, or other extraordinary
circumstances;
(6)
No more than the final six months of the sentence may be served in partial
confinement designed to aid the offender in finding work and reestablishing
himself or herself in the community;
(7)
The governor may pardon any offender;
(8)
The department may release an offender from confinement any time within ten
days before a release date calculated under this section; and
(9)
An offender may leave a correctional facility prior to completion of his or her
sentence if the sentence has been reduced as provided in RCW 9.94A.870.
Notwithstanding
any other provisions of this section, an offender sentenced for a felony crime
listed in RCW 9.94A.540 as subject to a mandatory minimum sentence of total
confinement shall not be released from total confinement before the completion
of the listed mandatory minimum sentence for that felony crime of conviction
unless allowed under RCW 9.94A.540, however persistent offenders are not
eligible for extraordinary medical placement.
NEW
SECTION. Sec. 3. This
act applies to all offenders with community placement or community custody
terms currently incarcerated either before, on, or after the effective date of
this act.
NEW
SECTION. Sec. 4. 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. 5. 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.
