BILL REQ. #: Z-0286.2
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 01/12/2005. Referred to Committee on Criminal Justice & Corrections.
AN ACT Relating to sentencing and supervision of adult offenders; amending RCW 9.94A.501, 9.92.060, 9.95.204, 9.95.210, 9.95.214, 10.05.170, 35.20.255, 9.94A.728, 9.94A.728, 9.94A.030, 9.94A.340, 9.94A.500, 9.94A.530, 9.94A.533, 9.94A.585, 9.94A.680, and 9.94A.731; reenacting and amending RCW 9.94A.505, 9.94A.515, and 9.94A.525; adding new sections to chapter 9.94A RCW; creating a new section; prescribing penalties; providing an effective date; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.94A.501 and 2003 c 379 s 3 are each amended to read
as follows:
(1) When the department performs a risk assessment pursuant to RCW
9.94A.500, or to determine a person's conditions of supervision, the
risk assessment shall classify the offender or probationer into one of
at least four risk categories.
(2) The department shall supervise every offender sentenced to a
term of community custody, community placement, or community
supervision and every misdemeanor and gross misdemeanor probationer
ordered to probation under the supervision of the department pursuant
to RCW 9.92.060, 9.95.204, or 9.95.210:
(a) Whose risk assessment places that offender or probationer in
one of the two highest risk categories; or
(b) Regardless of the offender's or probationer's risk category if:
(i) The offender's or probationer's current conviction is for:
(A) A sex offense; or
(B) A violent offense((;));
(C) A crime against persons as defined in RCW 9.94A.411;
(D) A felony that is domestic violence as defined in RCW 10.99.020;
(E) A violation of RCW 9A.52.025 (residential burglary);
(F) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.401 by manufacture or delivery or possession with
intent to deliver methamphetamine; or
(G) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.406 (delivery of a controlled substance to a
minor)
(ii) The offender or probationer has a prior conviction for:
(A) A sex offense; or
(B) A violent offense((;));
(C) A crime against persons as defined in RCW 9.94A.411;
(D) A felony that is domestic violence as defined in RCW 10.99.020;
(E) A violation of RCW 9A.52.025 (residential burglary);
(F) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.401 by manufacture or delivery or possession with
intent to deliver methamphetamine; or
(G) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.406 (delivery of a controlled substance to a
minor)
(iii) ((The conditions of the offender's community custody,
community placement, or community supervision include chemical
dependency treatment;)) The offender was sentenced under RCW 9.94A.650, 9.94A.660,
or 9.94A.670; or
(iv)
(((v))) (iv) The offender or probationer is subject to supervision
pursuant to RCW 9.94A.745.
(3) The department is not authorized to, and may not, supervise any
offender sentenced to a term of community custody, community placement,
or community supervision, or any probationer, unless the offender or
probationer is one for whom supervision is required under subsection
(2) of this section.
(4) This section does not apply to offenders sentenced under
section 12 of this act.
(5) This section expires July 1, 2010.
Sec. 2 RCW 9.92.060 and 1996 c 298 s 5 are each amended to read
as follows:
(1) Whenever any person is convicted of any crime except murder,
burglary in the first degree, arson in the first degree, robbery, rape
of a child, or rape, the superior court may, in its discretion, at the
time of imposing sentence upon such person, direct that such sentence
be stayed and suspended until otherwise ordered by the superior court,
and that the sentenced person be placed under the charge of a community
corrections officer employed by the department of corrections, or if
the county elects to assume responsibility for the supervision of all
superior court misdemeanant probationers a probation officer employed
or contracted for by the county, upon such terms as the superior court
may determine.
(2) As a condition to suspension of sentence, the superior court
shall require the payment of the penalty assessment required by RCW
7.68.035. In addition, the superior court may require the convicted
person to make such monetary payments, on such terms as the superior
court deems appropriate under the circumstances, as are necessary: (a)
To comply with any order of the court for the payment of family
support; (b) to make restitution to any person or persons who may have
suffered loss or damage by reason of the commission of the crime in
question or when the offender pleads guilty to a lesser offense or
fewer offenses and agrees with the prosecutor's recommendation that the
offender be required to pay restitution to a victim of an offense or
offenses which are not prosecuted pursuant to a plea agreement; (c) to
pay any fine imposed and not suspended and the court or other costs
incurred in the prosecution of the case, including reimbursement of the
state for costs of extradition if return to this state by extradition
was required; and (d) to contribute to a county or interlocal drug
fund.
(3) As a condition of the suspended sentence, the superior court
may order the probationer to report to the secretary of corrections or
such officer as the secretary may designate and as a condition of the
probation to follow the instructions of the secretary. If the county
legislative authority has elected to assume responsibility for the
supervision of superior court misdemeanant probationers within its
jurisdiction, the superior court misdemeanant probationer shall report
to a probation officer employed or contracted for by the county. In
cases where a superior court misdemeanant probationer is sentenced in
one county, but resides within another county, there must be provisions
for the probationer to report to the agency having supervision
responsibility for the probationer's county of residence.
(4) If restitution to the victim has been ordered under subsection
(2)(b) of this section and the superior court has ordered supervision,
the officer supervising the probationer shall make a reasonable effort
to ascertain whether restitution has been made as ordered. If the
superior court has ordered supervision and restitution has not been
made, the officer shall inform the prosecutor of that violation of the
terms of the suspended sentence not less than three months prior to the
termination of the suspended sentence.
(5) The provisions of RCW 9.94A.501 apply to sentences imposed
under this section.
NEW SECTION. Sec. 3 A new section is added to chapter 9.94A RCW
to read as follows:
(1) The department may supervise nonfelony offenders transferred to
Washington pursuant to RCW 9.94A.745, the interstate compact for adult
offender supervision, and shall supervise these offenders according to
the provisions of this chapter.
(2) The department shall process applications for interstate
transfer of felony and nonfelony offenders pursuant to RCW 9.94A.745,
the interstate compact for adult offender supervision, and may charge
offenders a reasonable fee for processing the application.
Sec. 4 RCW 9.95.204 and 1996 c 298 s 1 are each amended to read
as follows:
(1) When a superior court places a defendant convicted of a
misdemeanor or gross misdemeanor on probation and orders supervision
under RCW 9.92.060 or 9.95.210, the department of corrections has
initial responsibility for supervision of that defendant.
(2) A county legislative authority may assume responsibility for
the supervision of all defendants within its jurisdiction who have been
convicted of a misdemeanor or gross misdemeanor and sentenced to
probation by a superior court. The assumption of responsibility shall
be made by contract with the department of corrections on a biennial
basis.
(3) If a county assumes supervision responsibility, the county
shall supervise all superior court misdemeanant probationers within
that county for the duration of the biennium, as set forth in the
contract with the department of corrections.
(4) A contract between a county legislative authority and the
department of corrections for the transfer of supervision
responsibility must include, at a minimum, the following provisions:
(a) The county's agreement to supervise all misdemeanant
probationers who are sentenced by a superior court within that county
and who reside within that county;
(b) A reciprocal agreement regarding the supervision of superior
court misdemeanant probationers sentenced in one county but who reside
in another county;
(c) The county's agreement to comply with the minimum standards for
classification and supervision of offenders as required under RCW
9.95.206;
(d) The amount of funds available from the department of
corrections to the county for supervision of superior court
misdemeanant probationers, calculated according to a formula
established by the department of corrections;
(e) A method for the payment of funds by the department of
corrections to the county;
(f) The county's agreement that any funds received by the county
under the contract will be expended only to cover costs of supervision
of superior court misdemeanant probationers;
(g) The county's agreement to account to the department of
corrections for the expenditure of all funds received under the
contract and to submit to audits for compliance with the supervision
standards and financial requirements of this section;
(h) Provisions regarding rights and remedies in the event of a
possible breach of contract or default by either party; and
(i) Provisions allowing for voluntary termination of the contract
by either party, with good cause, after sixty days' written notice.
(5) If the contract between the county and the department of
corrections is terminated for any reason, the department of corrections
shall reassume responsibility for supervision of superior court
misdemeanant probationers within that county. In such an event, the
department of corrections retains any and all rights and remedies
available by law and under the contract.
(6) The state of Washington, the department of corrections and its
employees, community corrections officers, and volunteers who assist
community corrections officers are not liable for any harm caused by
the actions of a superior court misdemeanant probationer who is under
the supervision of a county. A county, its probation department and
employees, probation officers, and volunteers who assist probation
officers are not liable for any harm caused by the actions of a
superior court misdemeanant probationer who is under the supervision of
the department of corrections. This subsection applies regardless of
whether the supervising entity is in compliance with the standards of
supervision at the time of the misdemeanant probationer's actions.
(7) The state of Washington, the department of corrections and its
employees, community corrections officers, any county under contract
with the department of corrections pursuant to this section and its
employees, probation officers, and volunteers who assist community
corrections officers and probation officers in the superior court
misdemeanant probation program are not liable for civil damages
resulting from any act or omission in the rendering of superior court
misdemeanant probation activities unless the act or omission
constitutes gross negligence. For purposes of this section,
"volunteers" is defined according to RCW 51.12.035.
(8) If a misdemeanant probationer requests permission to travel or
transfer to another state, the assigned probation officer employed or
contracted for by the county shall determine whether the request is
subject to RCW 9.94A.745, the interstate compact for adult offender
supervision. If the request is subject to the compact, the probation
officer shall:
(a) Notify the department of corrections of the probationer's
request;
(b) Provide the department of corrections with the supporting
documentation it requests for processing an application for transfer;
(c) Notify the probationer of the fee due to the department of
corrections for processing an application under the compact;
(d) Cease supervision of the probationer while another state
supervises the probationer pursuant to the compact; and
(e) Resume supervision if the probationer returns to this state
before the term of probation expires. The probationer shall receive
credit for time served while being supervised by another state.
(9) The provisions of RCW 9.94A.501 apply to sentences imposed
under this section.
Sec. 5 RCW 9.95.210 and 1996 c 298 s 3 are each amended to read
as follows:
(1) In granting probation, the superior court may suspend the
imposition or the execution of the sentence and may direct that the
suspension may continue upon such conditions and for such time as it
shall designate, not exceeding the maximum term of sentence or two
years, whichever is longer.
(2) In the order granting probation and as a condition thereof, the
superior court may in its discretion imprison the defendant in the
county jail for a period not exceeding one year and may fine the
defendant any sum not exceeding the statutory limit for the offense
committed, and court costs. As a condition of probation, the superior
court shall require the payment of the penalty assessment required by
RCW 7.68.035. The superior court may also require the defendant to
make such monetary payments, on such terms as it deems appropriate
under the circumstances, as are necessary: (a) To comply with any
order of the court for the payment of family support; (b) to make
restitution to any person or persons who may have suffered loss or
damage by reason of the commission of the crime in question or when the
offender pleads guilty to a lesser offense or fewer offenses and agrees
with the prosecutor's recommendation that the offender be required to
pay restitution to a victim of an offense or offenses which are not
prosecuted pursuant to a plea agreement; (c) to pay such fine as may be
imposed and court costs, including reimbursement of the state for costs
of extradition if return to this state by extradition was required; (d)
following consideration of the financial condition of the person
subject to possible electronic monitoring, to pay for the costs of
electronic monitoring if that monitoring was required by the court as
a condition of release from custody or as a condition of probation; (e)
to contribute to a county or interlocal drug fund; and (f) to make
restitution to a public agency for the costs of an emergency response
under RCW 38.52.430, and may require bonds for the faithful observance
of any and all conditions imposed in the probation.
(3) The superior court shall order restitution in all cases where
the victim is entitled to benefits under the crime victims'
compensation act, chapter 7.68 RCW. If the superior court does not
order restitution and the victim of the crime has been determined to be
entitled to benefits under the crime victims' compensation act, the
department of labor and industries, as administrator of the crime
victims' compensation program, may petition the superior court within
one year of imposition of the sentence for entry of a restitution
order. Upon receipt of a petition from the department of labor and
industries, the superior court shall hold a restitution hearing and
shall enter a restitution order.
(4) In granting probation, the superior court may order the
probationer to report to the secretary of corrections or such officer
as the secretary may designate and as a condition of the probation to
follow the instructions of the secretary. If the county legislative
authority has elected to assume responsibility for the supervision of
superior court misdemeanant probationers within its jurisdiction, the
superior court misdemeanant probationer shall report to a probation
officer employed or contracted for by the county. In cases where a
superior court misdemeanant probationer is sentenced in one county, but
resides within another county, there must be provisions for the
probationer to report to the agency having supervision responsibility
for the probationer's county of residence.
(5) If the probationer has been ordered to make restitution and the
superior court has ordered supervision, the officer supervising the
probationer shall make a reasonable effort to ascertain whether
restitution has been made. If the superior court has ordered
supervision and restitution has not been made as ordered, the officer
shall inform the prosecutor of that violation of the terms of probation
not less than three months prior to the termination of the probation
period. The secretary of corrections will promulgate rules and
regulations for the conduct of the person during the term of probation.
For defendants found guilty in district court, like functions as the
secretary performs in regard to probation may be performed by probation
officers employed for that purpose by the county legislative authority
of the county wherein the court is located.
(6) The provisions of RCW 9.94A.501 apply to sentences imposed
under this section.
Sec. 6 RCW 9.95.214 and 1996 c 298 s 4 are each amended to read
as follows:
Whenever a defendant convicted of a misdemeanor or gross
misdemeanor is placed on probation under RCW 9.92.060 or 9.95.210, and
the defendant is supervised by the department of corrections or a
county probation department, the department or county probation
department may assess and collect from the defendant for the duration
of the term of supervision a monthly assessment not to exceed one
hundred dollars per month. This assessment shall be paid to the agency
supervising the defendant and shall be applied, along with funds
appropriated by the legislature, toward the payment or part payment of
the cost of supervising the defendant. The department or county
probation department shall suspend the assessment while the defendant
is being supervised by another state pursuant to RCW 9.94A.745, the
interstate compact for adult offender supervision.
Sec. 7 RCW 10.05.170 and 1991 c 247 s 2 are each amended to read
as follows:
As a condition of granting deferred prosecution, the court may
order supervision of the petitioner during the period of deferral and
may levy a monthly assessment upon the petitioner as provided in RCW
10.64.120. The court shall suspend the assessment while the petitioner
is being supervised by another state pursuant to RCW 9.94A.745, the
interstate compact for adult offender supervision. In a jurisdiction
with a probation department, the court may appoint the probation
department to supervise the petitioner. In a jurisdiction without a
probation department, the court may appoint an appropriate person or
agency to supervise the petitioner. A supervisor appointed under this
section shall be required to do at least the following:
(1) If the charge for which deferral is granted relates to
operation of a motor vehicle, at least once every six months request
from the department of licensing an abstract of the petitioner's
driving record; ((and))
(2) At least once every month make contact with the petitioner or
with any agency to which the petitioner has been directed for treatment
as a part of the deferral; and
(3) If a petitioner requests permission to travel or transfer to
another state, determine whether the request is subject to RCW
9.94A.745, the interstate compact for adult offender supervision. If
the request is subject to the compact, the supervisor shall:
(a) Notify the department of corrections of the petitioner's
request;
(b) Provide the department of corrections with the supporting
documentation it requests for processing an application for transfer;
(c) Notify the petitioner of the fee due to the department of
corrections for processing an application under the compact;
(d) Cease supervision of the petitioner while another state
supervises the petitioner pursuant to the compact; and
(e) Resume supervision if the petitioner returns to this state
before the period of deferral expires. The petitioner shall receive
credit for time served while being supervised by another state.
Sec. 8 RCW 35.20.255 and 2001 c 94 s 3 are each amended to read
as follows:
(1) Judges of the municipal court, in their discretion, shall have
the power in all criminal proceedings within their jurisdiction
including violations of city ordinances, to defer imposition of any
sentence, suspend all or part of any sentence including installment
payment of fines, fix the terms of any such deferral or suspension, and
provide for such probation as in their opinion is reasonable and
necessary under the circumstances of the case, but in no case shall it
extend for more than five years from the date of conviction for a
defendant to be sentenced under RCW 46.61.5055 and two years from the
date of conviction for all other offenses. A defendant who has been
sentenced, or whose sentence has been deferred, and who then fails to
appear for any hearing to address the defendant's compliance with the
terms of probation when ordered to do so by the court, shall have the
term of probation tolled until such time as the defendant makes his or
her presence known to the court on the record. However, the
jurisdiction period in this section does not apply to the enforcement
of orders issued under RCW 46.20.720. Any time before entering an
order terminating probation, the court may modify or revoke its order
suspending or deferring the imposition or execution of the sentence.
(2) If a defendant whose sentence has been deferred requests
permission to travel or transfer to another state, the director of
probation services or a designee of the director shall determine
whether such travel is subject to RCW 9.94A.745, the interstate compact
for adult offender supervision. If such travel is subject to the
compact, the director or designee shall:
(a) Notify the department of corrections of the defendant's
request;
(b) Provide the department of corrections with the supporting
documentation it requests for processing an application for transfer;
(c) Notify the defendant of the fee due to the department of
corrections for processing an application under the compact;
(d) Cease supervision of the defendant while another state
supervises the defendant pursuant to the compact; and
(e) Resume supervision of the defendant if the defendant returns to
this state before the period of deferral expires. The defendant shall
receive credit for time served while being supervised by another state.
Sec. 9 RCW 9.94A.728 and 2003 c 379 s 1 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.533 (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.
(a) 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, and before July 1, 2003, the aggregate earned
release time may not exceed fifteen percent of the sentence. 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, 2003,
the aggregate earned release time may not exceed ten percent of the
sentence.
(b)(i) In the case of an offender who qualifies under (b)(ii) of
this subsection, the aggregate earned release time may not exceed fifty
percent of the sentence.
(ii) An offender is qualified to earn up to fifty percent of
aggregate earned release time under this subsection (1)(b) if he or
she:
(A) Is classified in one of the two lowest risk categories under
(b)(iii) of this subsection;
(B) Is not confined pursuant to a sentence for:
(I) A sex offense; or
(II) A violent offense((;)); and
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW
10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.401 by manufacture or delivery or possession with
intent to deliver methamphetamine; or
(VII) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.406 (delivery of a controlled substance to a
minor)
(C) Has no prior conviction for:
(I) A sex offense; or
(II) A violent offense((;)).
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW
10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.401 by manufacture or delivery or possession with
intent to deliver methamphetamine; or
(VII) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.406 (delivery of a controlled substance to a
minor)
(iii) For purposes of determining an offender's eligibility under
this subsection (1)(b), the department shall perform a risk assessment
of every offender committed to a correctional facility operated by the
department who has no current or prior conviction for a sex
offense((,)) or a violent offense((, a crime against persons as defined
in RCW 9.94A.411, a felony that is domestic violence as defined in RCW
10.99.020, a violation of RCW 9A.52.025 (residential burglary), a
violation of, or an attempt, solicitation, or conspiracy to violate,
RCW 69.50.401 by manufacture or delivery or possession with intent to
deliver methamphetamine, or a violation of, or an attempt,
solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a
controlled substance to a minor))). The department must classify each
assessed offender in one of four risk categories between highest and
lowest risk.
(iv) The department shall recalculate the earned release time and
reschedule the expected release dates for each qualified offender under
this subsection (1)(b).
(v) This subsection (1)(b) applies retroactively to eligible
offenders serving terms of total confinement in a state correctional
facility as of July 1, 2003.
(vi) This subsection (1)(b) does not apply to offenders convicted
after July 1, 2010.
(c) 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)) twelve 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; and
(10) The secretary may grant up to thirty days earned release
credit, in addition to credit earned otherwise under this section, to
any offender who:
(a) Is classified in one of the two lowest risk categories under
subsection (1)(b)(iii) of this section;
(b) Is housed, immediately prior to release, in a minimum security
correctional facility as defined by the department;
(c) Has less than twelve months of total confinement time remaining
in the offender's sentence; and
(d) Has successfully completed all training, physical ability
testing, and a minimum of six months' continuous employment in a work
crew supervised by the department of natural resources.
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.
Sec. 10 RCW 9.94A.728 and 2004 c 176 s 6 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.533 (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.
(a) 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, and before July 1, 2003, the aggregate earned
release time may not exceed fifteen percent of the sentence. 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, 2003,
the aggregate earned release time may not exceed ten percent of the
sentence.
(b)(i) In the case of an offender who qualifies under (b)(ii) of
this subsection, the aggregate earned release time may not exceed fifty
percent of the sentence.
(ii) An offender is qualified to earn up to fifty percent of
aggregate earned release time under this subsection (1)(b) if he or
she:
(A) Is classified in one of the two lowest risk categories under
(b)(iii) of this subsection;
(B) Is not confined pursuant to a sentence for:
(I) A sex offense; or
(II) A violent offense((;)); and
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW
10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.401 by manufacture or delivery or possession with
intent to deliver methamphetamine; or
(VII) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.406 (delivery of a controlled substance to a
minor)
(C) Has no prior conviction for:
(I) A sex offense; or
(II) A violent offense((;)).
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW
10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.401 by manufacture or delivery or possession with
intent to deliver methamphetamine; or
(VII) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.406 (delivery of a controlled substance to a
minor)
(iii) For purposes of determining an offender's eligibility under
this subsection (1)(b), the department shall perform a risk assessment
of every offender committed to a correctional facility operated by the
department who has no current or prior conviction for a sex
offense((,)) or a violent offense((, a crime against persons as defined
in RCW 9.94A.411, a felony that is domestic violence as defined in RCW
10.99.020, a violation of RCW 9A.52.025 (residential burglary), a
violation of, or an attempt, solicitation, or conspiracy to violate,
RCW 69.50.401 by manufacture or delivery or possession with intent to
deliver methamphetamine, or a violation of, or an attempt,
solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a
controlled substance to a minor))). The department must classify each
assessed offender in one of four risk categories between highest and
lowest risk.
(iv) The department shall recalculate the earned release time and
reschedule the expected release dates for each qualified offender under
this subsection (1)(b).
(v) This subsection (1)(b) applies retroactively to eligible
offenders serving terms of total confinement in a state correctional
facility as of July 1, 2003.
(vi) This subsection (1)(b) does not apply to offenders convicted
after July 1, 2010.
(c) 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;
(e) An offender serving a term of confinement imposed under RCW
9.94A.670(4)(a) is not eligible for earned release credits under this
section;
(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)) twelve 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; and
(10) The secretary may grant up to thirty days earned release
credit, in addition to credit earned otherwise under this section, to
any offender who:
(a) Is classified in one of the two lowest risk categories under
subsection (1)(b)(iii) of this section;
(b) Is housed, immediately prior to release, in a minimum security
correctional facility as defined by the department;
(c) Has less than twelve months of total confinement time remaining
in the offender's sentence; and
(d) Has successfully completed all training, physical ability
testing, and a minimum of six months' continuous employment in a work
crew supervised by the department of natural resources.
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.
Sec. 11 RCW 9.94A.030 and 2003 c 53 s 55 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Board" means the indeterminate sentence review board created
under chapter 9.95 RCW.
(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.760, 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.
(3) "Commission" means the sentencing guidelines commission.
(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.
(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.505(2)(b), 9.94A.650 through 9.94A.670,
9.94A.690, 9.94A.700 through 9.94A.715, or 9.94A.545, 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.
(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.850, for crimes committed on or after July 1, 2000.
(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.
(8) "Community restitution" means compulsory service, without
compensation, performed for the benefit of the community by the
offender.
(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.
(10) "Confinement" means total or partial confinement.
(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.
(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.
(13) "Criminal history" means the list of a defendant's prior
convictions and juvenile adjudications, whether in this state, in
federal court, or elsewhere.
(a) The history shall include, where known, for each conviction (i)
whether the defendant has been placed on probation and the length and
terms thereof; and (ii) whether the defendant has been incarcerated and
the length of incarceration.
(b) A conviction may be removed from a defendant's criminal history
only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 9.95.240, or
a similar out-of-state statute, or if the conviction has been vacated
pursuant to a governor's pardon.
(c) The determination of a defendant's criminal history is distinct
from the determination of an offender score. A prior conviction that
was not included in an offender score calculated pursuant to a former
version of the sentencing reform act remains part of the defendant's
criminal history.
(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.
(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.
(16) "Department" means the department of corrections.
(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 restitution 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.
(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.
(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.
(20) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of
a controlled substance (RCW 69.50.4013) 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.
(21) "Earned release" means earned release from confinement as
provided in RCW 9.94A.728.
(22) "Escape" means:
(a) Sexually violent predator escape (RCW 9A.76.115), 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.
(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.
(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.
(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.
(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.
(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.
(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;
(c) Assault of a child 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, when caused by the operation or driving of
a vehicle by a person while under the influence of intoxicating liquor
or any drug or by the operation or driving of a vehicle in a reckless
manner;
(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.602;
(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.
(29) "Nonviolent offense" means an offense which is not a violent
offense.
(30) "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.
(31) "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,
residential chemical dependency treatment, home detention, work crew,
and a combination of work crew and home detention.
(32) "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.525; 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) any of the following
offenses with a finding of sexual motivation: 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; or (C) an attempt to commit
any crime listed in this subsection (32)(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 or any federal or out-of-state offense or offense under
prior Washington law that is comparable to the offenses 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.
(33) "Postrelease supervision" is that portion of an offender's
community placement that is not community custody.
(34) "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.
(35) "Risk assessment" means the application of an objective
instrument supported by research and either: (a) 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; or (b) adopted by the sentencing guidelines
commission for use in sentencing under section 12 of this act. The
results of a risk assessment shall not be based on unconfirmed or
unconfirmable allegations.
(36) "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.
(37) "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.
(38) "Sex offense" means:
(a)(i) A felony that is a violation of chapter 9A.44 RCW other than
RCW 9A.44.130(11);
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of chapter 9.68A RCW other than
RCW 9.68A.070 or 9.68A.080; 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;
(c) A felony with a finding of sexual motivation under RCW
9.94A.835 or 13.40.135; or
(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.
(39) "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.
(40) "Standard sentence range" means the sentencing court's
discretionary range in imposing a nonappealable sentence.
(41) "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.
(42) "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.
(43) "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.
(44) "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.
(45) "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, when caused by the operation or driving
of a vehicle by a person while under the influence of intoxicating
liquor or any drug or by the operation or driving of a vehicle in a
reckless manner; 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.
(46) "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.725.
(47) "Work ethic camp" means an alternative incarceration program
as provided in RCW 9.94A.690 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.
(48) "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.
NEW SECTION. Sec. 12 A new section is added to chapter 9.94A RCW
to read as follows:
(1) This section applies to offenders sentenced, on or after July
1, 2005, for an offense which is not a violent offense, sex offense, or
drug offense, or a crime against persons as defined in RCW 9.94A.411.
Before sentencing such an offender, the court shall apply a static risk
assessment, and classify the offender as high, moderate, or low risk,
using the instrument described in subsection (2) of this section.
(2)(a) The static risk assessment instrument used in sentencing
under this section shall be developed by the Washington state institute
for public policy and approved by the sentencing guidelines commission
for use under this section. The instrument shall be based on static
risk factors, such as age and criminal history, which are readily
available to the court at the time of sentencing. It shall identify
high, moderate, and low risk categories in relation to the risk of
committing a violent offense in the future. The institute, at the
request of the commission, may modify the instrument and scoring system
as necessary. Modifications shall have no effect on sentences imposed
before the effective date of modification.
(b) The department shall adopt the static risk assessment
instrument and any modifications for purposes of this section, and the
department may adopt and use other risk assessment instruments for
other purposes under this chapter and chapter 72.09 RCW. The
department, in consultation with the Washington state institute for
public policy, shall develop a scoring form, based on the static risk
assessment instrument, for the court to use in sentencing offenders
under this section.
(3)(a) The standard sentence range for an offender to whom this
section applies shall be based on the seriousness level determined
under RCW 9.94A.515 and the offender score determined under RCW
9.94A.525.
| TABLE 1A | ||||||
| SERIOUSNESS | OFFENDER SCORE | |||||
| LEVEL | 0-2 | 3-5 | 6-9+ | |||
| IX | 31-54 months | 46-75 months | 77-171 months | |||
| VIII | 21-41 months | 36-61 months | 67-144 months | |||
| VII | 15-34 months | 31-54 months | 57-116 months | |||
| VI | 12+-27 months | 26-48 months | 46-102 months | |||
| V | 6-17 months | 15-43 months | 41-96 months | |||
| IV | 3-14 months | 13-29 months | 33-84 months | |||
| III | 1-12 months | 9-22 months | 22-68 months | |||
| II | 0-9 months | 4-18 months | 17-57 months | |||
| I | 0-5 months | 2-12 months | 12+-29 months | |||
| Unranked | 0-12 months | 0-12 months | 0-12 months | |||
| Maximum alternative sanction | |
| 240 hours community restitution | |
| 1 month work crew | |
| 1 month work crew | |
| 1 month work crew | |
| 1 month home detention, 1 month work crew | |
| 1 month home detention, 1 month work crew | |
| 1 month home detention, 1 month work crew | |
| 3 months home detention, 1 month work crew | |
| 3 months home detention, 3 months work crew | |
| 3 months home detention, 3 months work crew | |
| 3 months home detention, 6 months work crew | |
| 6 months home detention, 6 months work crew | |
| 6 months home detention, 6 months work crew |
Sec. 13 RCW 9.94A.340 and 1983 c 115 s 5 are each amended to read
as follows:
The sentencing guidelines and prosecuting standards apply equally
to offenders in all parts of the state, without discrimination as to
any element that does not relate to the crime or the previous record of
the defendant or to the risk of reoffending based on risk assessment as
defined in this chapter.
Sec. 14 RCW 9.94A.500 and 2000 c 75 s 8 are each amended to read
as follows:
(1) Before imposing a sentence upon a defendant, the court shall
conduct a sentencing hearing. The sentencing hearing shall be held
within forty court days following conviction. Upon the motion of
either party for good cause shown, or on its own motion, the court may
extend the time period for conducting the sentencing hearing.
Except in cases where the defendant shall be sentenced to a term of
total confinement for life without the possibility of release or, when
authorized by RCW 10.95.030 for the crime of aggravated murder in the
first degree, sentenced to death, the court may order the department to
complete a risk assessment report. If available before sentencing, the
risk assessment report shall be provided to the court.
Unless specifically waived by the court, the court shall order the
department to complete a chemical dependency screening report before
imposing a sentence upon a defendant who has been convicted of a
violation of the uniform controlled substances act under chapter 69.50
RCW or a criminal solicitation to commit such a violation under chapter
9A.28 RCW where the court finds that the offender has a chemical
dependency that has contributed to his or her offense. In addition,
the court shall, at the time of plea or conviction, order the
department to complete a ((presentence)) risk assessment report before
imposing a sentence upon a defendant who has been convicted of a felony
sexual offense. The department of corrections shall give priority to
((presentence)) risk assessment investigations for sexual offenders.
If the court determines that the defendant may be a mentally ill person
as defined in RCW 71.24.025, although the defendant has not established
that at the time of the crime he or she lacked the capacity to commit
the crime, was incompetent to commit the crime, or was insane at the
time of the crime, the court shall order the department to complete a
presentence report before imposing a sentence.
The court shall consider the static risk assessment instrument, and
the risk assessment report ((and presentence reports)), if any,
including any victim impact statement and criminal history, and allow
arguments from the prosecutor, the defense counsel, the offender, the
victim, the survivor of the victim, or a representative of the victim
or survivor, and an investigative law enforcement officer as to the
sentence to be imposed.
If the court is satisfied by a preponderance of the evidence that
the defendant has a criminal history, the court shall specify the
convictions it has found to exist. All of this information shall be
part of the record. Copies of all risk assessment reports ((and
presentence reports)) presented to the sentencing court and all written
findings of facts and conclusions of law as to sentencing entered by
the court shall be sent to the department by the clerk of the court at
the conclusion of the sentencing and shall accompany the offender if
the offender is committed to the custody of the department. Court
clerks shall provide, without charge, certified copies of documents
relating to criminal convictions requested by prosecuting attorneys.
(2) To prevent wrongful disclosure of information related to mental
health services, as defined in RCW 71.05.445 and 71.34.225, a court may
take only those steps necessary during a sentencing hearing or any
hearing in which the department presents information related to mental
health services to the court. The steps may be taken on motion of the
defendant, the prosecuting attorney, or on the court's own motion. The
court may seal the portion of the record relating to information
relating to mental health services, exclude the public from the hearing
during presentation or discussion of information relating to mental
health services, or grant other relief to achieve the result intended
by this subsection, but nothing in this subsection shall be construed
to prevent the subsequent release of information related to mental
health services as authorized by RCW 71.05.445, 71.34.225, or
72.09.585. Any person who otherwise is permitted to attend any hearing
pursuant to chapter 7.69 or 7.69A RCW shall not be excluded from the
hearing solely because the department intends to disclose or discloses
information related to mental health services.
Sec. 15 RCW 9.94A.505 and 2002 c 290 s 17, 2002 c 289 s 6, and
2002 c 175 s 6 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.510 or 9.94A.517;
(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.545, relating to community custody for offenders
whose term of confinement is one year or less;
(v) RCW 9.94A.570, relating to persistent offenders;
(vi) RCW 9.94A.540, 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.712, relating to certain sex offenses;
(xi) RCW 9.94A.535, relating to exceptional sentences;
(xii) RCW 9.94A.589, relating to consecutive and concurrent
sentences;
(xiii) Section 12 of this act, relating to offenses which are not
violent offenses, sex offenses, or drug offenses, or crimes against
persons.
(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
restitution 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.535.
(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.750,
9.94A.753, 9.94A.760, and 43.43.7541.
(5) Except as provided under RCW 9.94A.750(4) and 9.94A.753(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.750
and 9.94A.753.
(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.
Sec. 16 RCW 9.94A.530 and 2002 c 290 s 18 are each amended to
read as follows:
(1) The intersection of the column defined by the offender score
and the row defined by the offense seriousness ((score)) level
determines the standard sentence range (see RCW 9.94A.510, (Table 1),
section 12 of this act (Table 1A), and RCW 9.94A.517, (Table 3)). The
additional time for deadly weapon findings or for those offenses
enumerated in RCW 9.94A.533(4) that were committed in a state
correctional facility or county jail shall be added to the entire
standard sentence range. Except as provided in section 12(3) of this
act, the court may impose any sentence within the range that it deems
appropriate. Except as provided in section 12(3) of this act, all
standard sentence ranges are expressed in terms of total confinement.
(2) In determining any sentence, the trial court may rely on no
more information than is admitted by the plea agreement, or admitted,
acknowledged, or proved in a trial or at the time of sentencing.
Acknowledgement includes not objecting to information stated in the
presentence reports or the static risk assessment instrument under
section 12 of this act. Where the defendant disputes material facts,
the court must either not consider the fact or grant an evidentiary
hearing on the point. The facts shall be deemed proved at the hearing
by a preponderance of the evidence. Facts that establish the elements
of a more serious crime or additional crimes may not be used to go
outside the standard sentence range except upon stipulation or when
specifically provided for in RCW 9.94A.535(2) (d), (e), (g), and (h).
Sec. 17 RCW 9.94A.533 and 2003 c 53 s 58 are each amended to read
as follows:
(1) The provisions of this section apply to the standard sentence
ranges determined by RCW 9.94A.510, section 12 of this act, or
9.94A.517.
(2) For persons convicted of the anticipatory offenses of criminal
attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the
standard sentence range is determined by locating the sentencing grid
sentence range defined by the appropriate offender score and the
seriousness level of the completed crime, and multiplying the range by
seventy-five percent.
(3) The following additional times shall be added to the standard
sentence range for felony crimes committed after July 23, 1995, if the
offender or an accomplice was armed with a firearm as defined in RCW
9.41.010 and the offender is being sentenced for one of the crimes
listed in this subsection as eligible for any firearm enhancements
based on the classification of the completed felony crime. If the
offender is being sentenced for more than one offense, the firearm
enhancement or enhancements must be added to the total period of
confinement for all offenses, regardless of which underlying offense is
subject to a firearm enhancement. If the offender or an accomplice was
armed with a firearm as defined in RCW 9.41.010 and the offender is
being sentenced for an anticipatory offense under chapter 9A.28 RCW to
commit one of the crimes listed in this subsection as eligible for any
firearm enhancements, the following additional times shall be added to
the standard sentence range determined under subsection (2) of this
section based on the felony crime of conviction as classified under RCW
9A.28.020:
(a) Five years for any felony defined under any law as a class A
felony or with a statutory maximum sentence of at least twenty years,
or both, and not covered under (f) of this subsection;
(b) Three years for any felony defined under any law as a class B
felony or with a statutory maximum sentence of ten years, or both, and
not covered under (f) of this subsection;
(c) Eighteen months for any felony defined under any law as a class
C felony or with a statutory maximum sentence of five years, or both,
and not covered under (f) of this subsection;
(d) If the offender is being sentenced for any firearm enhancements
under (a), (b), and/or (c) of this subsection and the offender has
previously been sentenced for any deadly weapon enhancements after July
23, 1995, under (a), (b), and/or (c) of this subsection or subsection
(4)(a), (b), and/or (c) of this section, or both, all firearm
enhancements under this subsection shall be twice the amount of the
enhancement listed;
(e) Notwithstanding any other provision of law, all firearm
enhancements under this section are mandatory, shall be served in total
confinement, and shall run consecutively to all other sentencing
provisions, including other firearm or deadly weapon enhancements, for
all offenses sentenced under this chapter. However, whether or not a
mandatory minimum term has expired, an offender serving a sentence
under this subsection may be granted an extraordinary medical placement
when authorized under RCW 9.94A.728(4);
(f) The firearm enhancements in this section shall apply to all
felony crimes except the following: Possession of a machine gun,
possessing a stolen firearm, drive-by shooting, theft of a firearm,
unlawful possession of a firearm in the first and second degree, and
use of a machine gun in a felony;
(g) If the standard sentence range under this section exceeds the
statutory maximum sentence for the offense, the statutory maximum
sentence shall be the presumptive sentence unless the offender is a
persistent offender. If the addition of a firearm enhancement
increases the sentence so that it would exceed the statutory maximum
for the offense, the portion of the sentence representing the
enhancement may not be reduced.
(4) The following additional times shall be added to the standard
sentence range for felony crimes committed after July 23, 1995, if the
offender or an accomplice was armed with a deadly weapon other than a
firearm as defined in RCW 9.41.010 and the offender is being sentenced
for one of the crimes listed in this subsection as eligible for any
deadly weapon enhancements based on the classification of the completed
felony crime. If the offender is being sentenced for more than one
offense, the deadly weapon enhancement or enhancements must be added to
the total period of confinement for all offenses, regardless of which
underlying offense is subject to a deadly weapon enhancement. If the
offender or an accomplice was armed with a deadly weapon other than a
firearm as defined in RCW 9.41.010 and the offender is being sentenced
for an anticipatory offense under chapter 9A.28 RCW to commit one of
the crimes listed in this subsection as eligible for any deadly weapon
enhancements, the following additional times shall be added to the
standard sentence range determined under subsection (2) of this section
based on the felony crime of conviction as classified under RCW
9A.28.020:
(a) Two years for any felony defined under any law as a class A
felony or with a statutory maximum sentence of at least twenty years,
or both, and not covered under (f) of this subsection;
(b) One year for any felony defined under any law as a class B
felony or with a statutory maximum sentence of ten years, or both, and
not covered under (f) of this subsection;
(c) Six months for any felony defined under any law as a class C
felony or with a statutory maximum sentence of five years, or both, and
not covered under (f) of this subsection;
(d) If the offender is being sentenced under (a), (b), and/or (c)
of this subsection for any deadly weapon enhancements and the offender
has previously been sentenced for any deadly weapon enhancements after
July 23, 1995, under (a), (b), and/or (c) of this subsection or
subsection (3)(a), (b), and/or (c) of this section, or both, all deadly
weapon enhancements under this subsection shall be twice the amount of
the enhancement listed;
(e) Notwithstanding any other provision of law, all deadly weapon
enhancements under this section are mandatory, shall be served in total
confinement, and shall run consecutively to all other sentencing
provisions, including other firearm or deadly weapon enhancements, for
all offenses sentenced under this chapter. However, whether or not a
mandatory minimum term has expired, an offender serving a sentence
under this subsection may be granted an extraordinary medical placement
when authorized under RCW 9.94A.728(4);
(f) The deadly weapon enhancements in this section shall apply to
all felony crimes except the following: Possession of a machine gun,
possessing a stolen firearm, drive-by shooting, theft of a firearm,
unlawful possession of a firearm in the first and second degree, and
use of a machine gun in a felony;
(g) If the standard sentence range under this section exceeds the
statutory maximum sentence for the offense, the statutory maximum
sentence shall be the presumptive sentence unless the offender is a
persistent offender. If the addition of a deadly weapon enhancement
increases the sentence so that it would exceed the statutory maximum
for the offense, the portion of the sentence representing the
enhancement may not be reduced.
(5) The following additional times shall be added to the standard
sentence range if the offender or an accomplice committed the offense
while in a county jail or state correctional facility and the offender
is being sentenced for one of the crimes listed in this subsection. If
the offender or an accomplice committed one of the crimes listed in
this subsection while in a county jail or state correctional facility,
and the offender is being sentenced for an anticipatory offense under
chapter 9A.28 RCW to commit one of the crimes listed in this
subsection, the following additional times shall be added to the
standard sentence range determined under subsection (2) of this
section:
(a) Eighteen months for offenses committed under RCW 69.50.401(2)
(a) or (b) or 69.50.410;
(b) Fifteen months for offenses committed under RCW 69.50.401(2)
(c), (d), or (e);
(c) Twelve months for offenses committed under RCW 69.50.4013.
For the purposes of this subsection, all of the real property of a
state correctional facility or county jail shall be deemed to be part
of that facility or county jail.
(6) An additional twenty-four months shall be added to the standard
sentence range for any ranked offense involving a violation of chapter
69.50 RCW if the offense was also a violation of RCW 69.50.435 or
9.94A.605.
(7) An additional two years shall be added to the standard sentence
range for vehicular homicide committed while under the influence of
intoxicating liquor or any drug as defined by RCW 46.61.502 for each
prior offense as defined in RCW 46.61.5055.
Sec. 18 RCW 9.94A.585 and 2002 c 290 s 19 are each amended to
read as follows:
(1) A sentence within the standard sentence range, under RCW
9.94A.510, section 12 of this act, or 9.94A.517, for an offense shall
not be appealed. For purposes of this section, a sentence imposed on
a first-time offender under RCW 9.94A.650 shall also be deemed to be
within the standard sentence range for the offense and shall not be
appealed.
(2) A sentence outside the standard sentence range for the offense
is subject to appeal by the defendant or the state. The appeal shall
be to the court of appeals in accordance with rules adopted by the
supreme court.
(3) Pending review of the sentence, the sentencing court or the
court of appeals may order the defendant confined or placed on
conditional release, including bond.
(4) To reverse a sentence which is outside the standard sentence
range, the reviewing court must find: (a) Either that the reasons
supplied by the sentencing court are not supported by the record which
was before the judge or that those reasons do not justify a sentence
outside the standard sentence range for that offense; or (b) that the
sentence imposed was clearly excessive or clearly too lenient.
(5) A review under this section shall be made solely upon the
record that was before the sentencing court. Written briefs shall not
be required and the review and decision shall be made in an expedited
manner according to rules adopted by the supreme court.
(6) The court of appeals shall issue a written opinion in support
of its decision whenever the judgment of the sentencing court is
reversed and may issue written opinions in any other case where the
court believes that a written opinion would provide guidance to
sentencing courts and others in implementing this chapter and in
developing a common law of sentencing within the state.
(7) The department may petition for a review of a sentence
committing an offender to the custody or jurisdiction of the
department. The review shall be limited to errors of law. Such
petition shall be filed with the court of appeals no later than ninety
days after the department has actual knowledge of terms of the
sentence. The petition shall include a certification by the department
that all reasonable efforts to resolve the dispute at the superior
court level have been exhausted.
Sec. 19 RCW 9.94A.680 and 2002 c 175 s 12 are each amended to
read as follows:
Alternatives to total confinement are available for offenders with
sentences of one year or less or under section 12 of this act. These
alternatives include the following sentence conditions that the court
may order as substitutes for total confinement:
(1) One day of partial confinement may be substituted for one day
of total confinement;
(2) In addition, for offenders convicted of nonviolent offenses
only, eight hours of community restitution may be substituted for one
day of total confinement, with a maximum conversion limit of two
hundred forty hours or thirty days. Community restitution hours must
be completed within the period of community supervision or a time
period specified by the court, which shall not exceed twenty-four
months, pursuant to a schedule determined by the department; ((and))
(3) For offenders convicted of nonviolent and nonsex offenses, the
court may authorize county jails to convert jail confinement to an
available county supervised community option and may require the
offender to perform affirmative conduct pursuant to RCW 9.94A.607; and
(4) The court shall order alternatives to total confinement as
required in section 12 of this act.
For sentences of nonviolent offenders for one year or less, the
court shall consider and give priority to available alternatives to
total confinement and shall state its reasons in writing on the
judgment and sentence form if the alternatives are not used.
Sec. 20 RCW 9.94A.731 and 2003 c 254 s 2 are each amended to read
as follows:
(1) An offender sentenced to a term of partial confinement shall be
confined in the facility for at least eight hours per day or, if
serving a work crew sentence shall comply with the conditions of that
sentence as set forth in RCW 9.94A.030(31) and 9.94A.725. The offender
shall be required as a condition of partial confinement to report to
the facility at designated times. During the period of partial
confinement, an offender may be required to comply with crime-related
prohibitions and affirmative conditions imposed by the court or the
department pursuant to this chapter.
(2) An offender in a county jail sentenced under section 12 of this
act or ordered to serve all or part of a term of less than one year in
work release, work crew, or a program of home detention who violates
the rules of the work release facility, work crew, or program of home
detention or fails to remain employed or enrolled in school may be
transferred to the appropriate county detention facility without
further court order but shall, upon request, be notified of the right
to request an administrative hearing on the issue of whether or not the
offender failed to comply with the order and relevant conditions.
Pending such hearing, or in the absence of a request for the hearing,
the offender shall serve the remainder of the term of confinement as
total confinement. This subsection shall not affect transfer or
placement of offenders committed to the department.
(3) Participation in work release shall be conditioned upon the
offender attending work or school at regularly defined hours and
abiding by the rules of the work release facility.
Sec. 21 RCW 9.94A.515 and 2004 c 176 s 2 and 2004 c 94 s 3 are
each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| III | ||
| II | ||
| I | ||
Sec. 22 RCW 9.94A.525 and 2002 c 290 s 3 and 2002 c 107 s 3 are
each reenacted and 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.589.
(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.589(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.589(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)(a) If the present conviction is for a nonviolent offense and
not covered by (b) of this subsection, or 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.
(b) If the present conviction is for an offense sentenced under
section 12 of this act, count one point for each prior adult felony
conviction, and no points for prior juvenile convictions.
(8) If the present conviction is for a violent offense and not
covered in subsection (9), (10), (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 manufacture of
methamphetamine count three points for each adult prior manufacture of
methamphetamine conviction and two points for each juvenile manufacture
of methamphetamine offense. If the present conviction is for a drug
offense and the offender has a criminal history that includes a sex
offense or serious violent 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 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) 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) ((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.)) If the present conviction is for a sex offense, count priors
as in subsections (7) through ((
(16)(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.
(((18))) (17) The fact that a prior conviction was not included in
an offender's offender score or criminal history at a previous
sentencing shall have no bearing on whether it is included in the
criminal history or offender score for the current offense.
Accordingly, prior convictions that were not counted in the offender
score or included in criminal history under repealed or previous
versions of the sentencing reform act shall be included in criminal
history and shall count in the offender score if the current version of
the sentencing reform act requires including or counting those
convictions.
NEW SECTION. Sec. 23 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. 24 Section 9 of this act expires July 1, 2005.
NEW SECTION. Sec. 25 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, except that sections 10 through 22 of this act take effect
July 1, 2005.
NEW SECTION. Sec. 26 Sections 12 through 22 of this act apply
only to sentences imposed on or after July 1, 2005.