BILL REQ. #:  H-4504.1 

READ FIRST TIME 01/24/06.   

     AN ACT Relating to advisory sentencing guidelines; amending RCW 9.94A.480; adding a new section to chapter 9.94A RCW; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   It is the intent of the legislature to restore the ability to impose an aggravated sentence lost by the superior court as a result of the decision of the United States supreme court in Blakely v. State of Washington, 542 U.S. 296 (2004). The legislature finds that as the seriousness level of the crime and the criminal history of the offender increase, the need for an individualized and informed assessment of the circumstances of the crime, the offender, and the victim, by the judiciary, is necessary for justice to be obtained. The legislature further finds that the exercise of the judiciary's sentencing discretion over a broader range based upon the assessment of these circumstances is consistent with the policies supporting Washington's sentencing reform act.

NEW SECTION.  Sec. 2   A new section is added to chapter 9.94A RCW to read as follows:
     (1) For offenders convicted of a violent offense, the upper limit of the standard sentencing range shall be advisory only. However, without limiting the sentencing discretion of the judge, in cases in which the prosecutor seeks an aggravated sentence, the prosecutor must assert a statutory aggravating factor. Notwithstanding any other law, the maximum sentence that a court may impose for a violent offense where the lower limit of the standard sentencing range is more than twelve months is the maximum sentence for the current offense under chapter 9A.20 RCW, or twice the upper limit of the standard sentencing range, whichever is less; the maximum sentence that a court may impose for all other violent offenses is twice the upper limit of the standard range or twelve months, whichever is less. This provision shall not apply to any offender sentenced under RCW 9.94A.712.
     (2) In making its determination of the sentence length to be imposed, the court shall consider the risk assessment prepared by the department of corrections, if any, the presentence report, if any, and other materials provided by the offender, and any information provided by the victim or victims of the crime. Nothing in this section requires the department of corrections to prepare a risk assessment or presentence report prior to sentencing.
     (3) A sentence imposed under this section shall be a determinate sentence unless it is imposed on an offender sentenced under RCW 9.94A.712. The sentence may be appealed by the offender or the state as set forth in RCW 9.94A.585 (2) through (6).
     (4) Nothing in this section prohibits an aggravated exceptional sentence from being imposed on an offender under RCW 9.94A.535 or 9.94A.537 up to the statutory maximum sentence as defined in RCW 9.94A.030.

Sec. 3   RCW 9.94A.480 and 2002 c 290 s 16 are each amended to read as follows:
     (1) A current, newly created or reworked judgment and sentence document for each felony sentencing shall record any and all recommended sentencing agreements or plea agreements and the sentences for any and all felony crimes kept as public records under RCW 9.94A.475 shall contain the clearly printed name and legal signature of the sentencing judge. The judgment and sentence document as defined in this section shall also provide additional space for the sentencing judge's reasons, if any, for going either above or below the presumptive or advisory sentence range for any and all felony crimes covered as public records under RCW 9.94A.475. Both the sentencing judge and the prosecuting attorney's office shall each retain or receive a completed copy of each sentencing document as defined in this section for their own records.
     (2) The sentencing guidelines commission shall be sent a completed copy of the judgment and sentence document upon conviction for each felony sentencing under subsection (1) of this section and shall compile a yearly and cumulative judicial record of each sentencing judge in regards to his or her sentencing practices for any and all felony crimes involving:
     (a) Any violent offense as defined in this chapter;
     (b) Any most serious offense as defined in this chapter;
     (c) Any felony with any deadly weapon special verdict under RCW 9.94A.602;
     (d) Any felony with any deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both; and/or
     (e) The felony crimes of possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first or second degree, and/or use of a machine gun in a felony.
     (3) The sentencing guidelines commission shall compare each individual judge's sentencing practices to the standard ((or)), presumptive, or advisory sentence range for any and all felony crimes listed in subsection (2) of this section for the appropriate offense level as defined in RCW 9.94A.515 or 9.94A.518, offender score as defined in RCW 9.94A.525, and any applicable deadly weapon enhancements as defined in RCW 9.94A.533 (3) or (4), or both. These comparative records shall be retained and made available to the public for review in a current, newly created or reworked official published document by the sentencing guidelines commission.
     (4) Any and all felony sentences which are either above or below the standard ((or)), presumptive, or advisory sentence range in subsection (3) of this section shall also mark whether the prosecuting attorney in the case also recommended a similar sentence, if any, which was either above or below the standard, presumptive, or advisory sentence range and shall also indicate if the sentence was in conjunction with an approved alternative sentencing option including a first-time offender waiver, sex offender sentencing alternative, or other prescribed sentencing option.
     (5) If any completed judgment and sentence document as defined in subsection (1) of this section is not sent to the sentencing guidelines commission as required in subsection (2) of this section, the sentencing guidelines commission shall have the authority and shall undertake reasonable and necessary steps to assure that all past, current, and future sentencing documents as defined in subsection (1) of this section are received by the sentencing guidelines commission.

NEW SECTION.  Sec. 4   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 5   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.