BILL REQ. #: H-4275.2
| State of Washington | 59th Legislature | 2006 Regular Session |
Read first time 01/19/2006. Referred to Committee on Judiciary.
AN ACT Relating to making it a felony to drive or be in physical control of a vehicle while under the influence of intoxicating liquor or any drug when the person has three prior offenses within seven years or has a prior conviction for vehicular homicide or vehicular assault; amending RCW 46.61.502, 46.61.504, 46.61.5055, 46.61.5151, 9.94A.030, 9.94A.030, 9.94A.640, and 13.40.0357; reenacting and amending RCW 9.94A.505; adding a new section to chapter 46.61 RCW; prescribing penalties; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.61.502 and 1998 c 213 s 3 are each amended to read
as follows:
(1) A person is guilty of driving while under the influence of
intoxicating liquor or any drug if the person drives a vehicle within
this state:
(a) And the person has, within two hours after driving, an alcohol
concentration of 0.08 or higher as shown by analysis of the person's
breath or blood made under RCW 46.61.506; or
(b) While the person is under the influence of or affected by
intoxicating liquor or any drug; or
(c) While the person is under the combined influence of or affected
by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section
is or has been entitled to use a drug under the laws of this state
shall not constitute a defense against a charge of violating this
section.
(3) It is an affirmative defense to a violation of subsection
(1)(a) of this section which the defendant must prove by a
preponderance of the evidence that the defendant consumed a sufficient
quantity of alcohol after the time of driving and before the
administration of an analysis of the person's breath or blood to cause
the defendant's alcohol concentration to be 0.08 or more within two
hours after driving. The court shall not admit evidence of this
defense unless the defendant notifies the prosecution prior to the
omnibus or pretrial hearing in the case of the defendant's intent to
assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two
hours after the alleged driving may be used as evidence that within two
hours of the alleged driving, a person had an alcohol concentration of
0.08 or more in violation of subsection (1)(a) of this section, and in
any case in which the analysis shows an alcohol concentration above
0.00 may be used as evidence that a person was under the influence of
or affected by intoxicating liquor or any drug in violation of
subsection (1)(b) or (c) of this section.
(5) Except as provided in subsection (6) of this section, a
violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under section 3 of this act
if: (a) The person has three or more prior offenses within seven years
as defined in RCW 46.61.5055; or (b) the person has ever previously
been convicted of a violation of RCW 46.61.520 committed while under
the influence of intoxicating liquor or any drug or RCW 46.61.522
committed while under the influence of intoxicating liquor or any drug.
Sec. 2 RCW 46.61.504 and 1998 c 213 s 5 are each amended to read
as follows:
(1) A person is guilty of being in actual physical control of a
motor vehicle while under the influence of intoxicating liquor or any
drug if the person has actual physical control of a vehicle within this
state:
(a) And the person has, within two hours after being in actual
physical control of the vehicle, an alcohol concentration of 0.08 or
higher as shown by analysis of the person's breath or blood made under
RCW 46.61.506; or
(b) While the person is under the influence of or affected by
intoxicating liquor or any drug; or
(c) While the person is under the combined influence of or affected
by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section
is or has been entitled to use a drug under the laws of this state does
not constitute a defense against any charge of violating this section.
No person may be convicted under this section if, prior to being
pursued by a law enforcement officer, the person has moved the vehicle
safely off the roadway.
(3) It is an affirmative defense to a violation of subsection
(1)(a) of this section which the defendant must prove by a
preponderance of the evidence that the defendant consumed a sufficient
quantity of alcohol after the time of being in actual physical control
of the vehicle and before the administration of an analysis of the
person's breath or blood to cause the defendant's alcohol concentration
to be 0.08 or more within two hours after being in such control. The
court shall not admit evidence of this defense unless the defendant
notifies the prosecution prior to the omnibus or pretrial hearing in
the case of the defendant's intent to assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two
hours after the alleged being in actual physical control of a vehicle
may be used as evidence that within two hours of the alleged being in
such control, a person had an alcohol concentration of 0.08 or more in
violation of subsection (1)(a) of this section, and in any case in
which the analysis shows an alcohol concentration above 0.00 may be
used as evidence that a person was under the influence of or affected
by intoxicating liquor or any drug in violation of subsection (1)(b) or
(c) of this section.
(5) Except as provided in subsection (6) of this section, a
violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under section 3 of this act
if: (a) The person has three or more prior offenses within seven years
as defined in RCW 46.61.5055; or (b) the person has ever previously
been convicted of a violation of RCW 46.61.520 committed while under
the influence of intoxicating liquor or any drug or RCW 46.61.522
committed while under the influence of intoxicating liquor or any drug.
NEW SECTION. Sec. 3 A new section is added to chapter 46.61 RCW
to read as follows:
(1) A violation of RCW 46.61.502(6) or 46.61.504(6) is punishable
under this section and is not subject to the sentencing provisions of
chapter 9.94A RCW.
(2) A person who is convicted of a violation of RCW 46.61.502(6) or
46.61.504(6) shall be punished as follows:
(a) By a term of total confinement of not less than fifteen months
but no more than five years. Fifteen months of the offender's sentence
may not be suspended or deferred. In exercising its discretion to
sentence an offender under this section, the court shall consider
whether the offender has prior convictions for other misdemeanors and
felonies; and
(b) By a fine of not less than one thousand five hundred dollars
nor more than ten thousand dollars. One thousand five hundred dollars
of the fine may not be suspended or deferred unless the court finds the
offender indigent.
(3) The court shall order the offender to undergo chemical
dependency assessment and receive, within available resources, chemical
dependency treatment services during incarceration. The offender shall
pay for the cost of treatment unless the court finds that the offender
is indigent and no third-party insurance coverage is available.
(4) The department shall apply the provisions under RCW 46.61.5055
(8) and (9) regarding the suspension, revocation, or denial of a
person's license, permit, or nonresident privilege to drive.
(5) The department shall apply the provisions under RCW 46.20.720
regarding ignition interlock devices. If applicable, the court shall
impose the provision under RCW 46.61.5055(5) regarding ignition
interlock devices.
(6) When the court imposes a period of confinement less than five
years, the court shall apply provisions under RCW 46.61.5055(10)
regarding probation.
(7) The offender's sentence may be reduced by earned release time
under procedures developed by the correctional agency having
jurisdiction in which the offender is confined. However, in no case
may the aggregate earned release time exceed one-third of the
offender's sentence. The earned release time shall be for good
behavior, good performance, and, if applicable, progress in chemical
dependency treatment, 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.
Sec. 4 RCW 46.61.5055 and 2004 c 95 s 13 are each amended to read
as follows:
(1) Except as provided in section 3 of this act, a person who is
convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no
prior offense within seven years shall be punished as follows:
(a) In the case of a person whose alcohol concentration was less
than 0.15, or for whom for reasons other than the person's refusal to
take a test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than one day nor more than one
year. Twenty-four consecutive hours of the imprisonment may not be
suspended or deferred unless the court finds that the imposition of
this mandatory minimum sentence would impose a substantial risk to the
offender's physical or mental well-being. Whenever the mandatory
minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the
facts upon which the suspension or deferral is based. In lieu of the
mandatory minimum term of imprisonment required under this subsection
(1)(a)(i), the court may order not less than fifteen days of electronic
home monitoring. The offender shall pay the cost of electronic home
monitoring. The county or municipality in which the penalty is being
imposed shall determine the cost. The court may also require the
offender's electronic home monitoring device to include an alcohol
detection breathalyzer, and the court may restrict the amount of
alcohol the offender may consume during the time the offender is on
electronic home monitoring; and
(ii) By a fine of not less than three hundred fifty dollars nor
more than five thousand dollars. Three hundred fifty dollars of the
fine may not be suspended or deferred unless the court finds the
offender to be indigent; or
(b) In the case of a person whose alcohol concentration was at
least 0.15, or for whom by reason of the person's refusal to take a
test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than two days nor more than one
year. Two consecutive days of the imprisonment may not be suspended or
deferred unless the court finds that the imposition of this mandatory
minimum sentence would impose a substantial risk to the offender's
physical or mental well-being. Whenever the mandatory minimum sentence
is suspended or deferred, the court shall state in writing the reason
for granting the suspension or deferral and the facts upon which the
suspension or deferral is based. In lieu of the mandatory minimum term
of imprisonment required under this subsection (1)(b)(i), the court may
order not less than thirty days of electronic home monitoring. The
offender shall pay the cost of electronic home monitoring. The county
or municipality in which the penalty is being imposed shall determine
the cost. The court may also require the offender's electronic home
monitoring device to include an alcohol detection breathalyzer, and the
court may restrict the amount of alcohol the offender may consume
during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than five hundred dollars nor more than
five thousand dollars. Five hundred dollars of the fine may not be
suspended or deferred unless the court finds the offender to be
indigent.
(2) Except as provided in section 3 of this act, a person who is
convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one
prior offense within seven years shall be punished as follows:
(a) In the case of a person whose alcohol concentration was less
than 0.15, or for whom for reasons other than the person's refusal to
take a test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than thirty days nor more than one
year and sixty days of electronic home monitoring. The offender shall
pay for the cost of the electronic monitoring. The county or
municipality where the penalty is being imposed shall determine the
cost. The court may also require the offender's electronic home
monitoring device include an alcohol detection breathalyzer, and may
restrict the amount of alcohol the offender may consume during the time
the offender is on electronic home monitoring. Thirty days of
imprisonment and sixty days of electronic home monitoring may not be
suspended or deferred unless the court finds that the imposition of
this mandatory minimum sentence would impose a substantial risk to the
offender's physical or mental well-being. Whenever the mandatory
minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the
facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than five hundred dollars nor more than
five thousand dollars. Five hundred dollars of the fine may not be
suspended or deferred unless the court finds the offender to be
indigent; or
(b) In the case of a person whose alcohol concentration was at
least 0.15, or for whom by reason of the person's refusal to take a
test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than forty-five days nor more than
one year and ninety days of electronic home monitoring. The offender
shall pay for the cost of the electronic monitoring. The county or
municipality where the penalty is being imposed shall determine the
cost. The court may also require the offender's electronic home
monitoring device include an alcohol detection breathalyzer, and may
restrict the amount of alcohol the offender may consume during the time
the offender is on electronic home monitoring. Forty-five days of
imprisonment and ninety days of electronic home monitoring may not be
suspended or deferred unless the court finds that the imposition of
this mandatory minimum sentence would impose a substantial risk to the
offender's physical or mental well-being. Whenever the mandatory
minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the
facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than seven hundred fifty dollars nor
more than five thousand dollars. Seven hundred fifty dollars of the
fine may not be suspended or deferred unless the court finds the
offender to be indigent.
(3) Except as provided in section 3 of this act, a person who is
convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two
((or more)) prior offenses within seven years shall be punished as
follows:
(a) In the case of a person whose alcohol concentration was less
than 0.15, or for whom for reasons other than the person's refusal to
take a test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than ninety days nor more than one
year and one hundred twenty days of electronic home monitoring. The
offender shall pay for the cost of the electronic monitoring. The
county or municipality where the penalty is being imposed shall
determine the cost. The court may also require the offender's
electronic home monitoring device include an alcohol detection
breathalyzer, and may restrict the amount of alcohol the offender may
consume during the time the offender is on electronic home monitoring.
Ninety days of imprisonment and one hundred twenty days of electronic
home monitoring may not be suspended or deferred unless the court finds
that the imposition of this mandatory minimum sentence would impose a
substantial risk to the offender's physical or mental well-being.
Whenever the mandatory minimum sentence is suspended or deferred, the
court shall state in writing the reason for granting the suspension or
deferral and the facts upon which the suspension or deferral is based;
and
(ii) By a fine of not less than one thousand dollars nor more than
five thousand dollars. One thousand dollars of the fine may not be
suspended or deferred unless the court finds the offender to be
indigent; or
(b) In the case of a person whose alcohol concentration was at
least 0.15, or for whom by reason of the person's refusal to take a
test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than one hundred twenty days nor
more than one year and one hundred fifty days of electronic home
monitoring. The offender shall pay for the cost of the electronic
monitoring. The county or municipality where the penalty is being
imposed shall determine the cost. The court may also require the
offender's electronic home monitoring device include an alcohol
detection breathalyzer, and may restrict the amount of alcohol the
offender may consume during the time the offender is on electronic home
monitoring. One hundred twenty days of imprisonment and one hundred
fifty days of electronic home monitoring may not be suspended or
deferred unless the court finds that the imposition of this mandatory
minimum sentence would impose a substantial risk to the offender's
physical or mental well-being. Whenever the mandatory minimum sentence
is suspended or deferred, the court shall state in writing the reason
for granting the suspension or deferral and the facts upon which the
suspension or deferral is based; and
(ii) By a fine of not less than one thousand five hundred dollars
nor more than five thousand dollars. One thousand five hundred dollars
of the fine may not be suspended or deferred unless the court finds the
offender to be indigent.
(4) A person who is convicted of a violation of RCW 46.61.502 or
46.61.504 and who has three or more prior offenses within seven years,
or who has ever previously been convicted of a violation of RCW
46.61.520 committed while under the influence of intoxicating liquor or
any drug or RCW 46.61.522 committed while under the influence of
intoxicating liquor or any drug, shall be punished in accordance with
section 3 of this act.
(5) If a person who is convicted of a violation of RCW 46.61.502 or
46.61.504 committed the offense while a passenger under the age of
sixteen was in the vehicle, the court shall:
(a) In any case in which the installation and use of an interlock
or other device is not mandatory under RCW 46.20.720 or other law,
order the use of such a device for not less than sixty days following
the restoration of the person's license, permit, or nonresident driving
privileges; and
(b) In any case in which the installation and use of such a device
is otherwise mandatory, order the use of such a device for an
additional sixty days.
(((5))) (6) In exercising its discretion in setting penalties
within the limits allowed by this section and section 3 of this act,
the court shall particularly consider the following:
(a) Whether the person's driving at the time of the offense was
responsible for injury or damage to another or another's property; and
(b) Whether at the time of the offense the person was driving or in
physical control of a vehicle with one or more passengers.
(((6))) (7) An offender punishable under this section is subject to
the alcohol assessment and treatment provisions of RCW 46.61.5056.
This subsection does not apply to an offender punishable under section
3 of this act.
(((7))) (8) The license, permit, or nonresident privilege of a
person convicted of driving or being in physical control of a motor
vehicle while under the influence of intoxicating liquor or drugs must:
(a) If the person's alcohol concentration was less than 0.15, or if
for reasons other than the person's refusal to take a test offered
under RCW 46.20.308 there is no test result indicating the person's
alcohol concentration:
(i) Where there has been no prior offense within seven years, be
suspended or denied by the department for ninety days;
(ii) Where there has been one prior offense within seven years, be
revoked or denied by the department for two years; or
(iii) Where there have been two or more prior offenses within seven
years, be revoked or denied by the department for three years;
(b) If the person's alcohol concentration was at least 0.15:
(i) Where there has been no prior offense within seven years, be
revoked or denied by the department for one year;
(ii) Where there has been one prior offense within seven years, be
revoked or denied by the department for nine hundred days; or
(iii) Where there have been two or more prior offenses within seven
years, be revoked or denied by the department for four years; or
(c) If by reason of the person's refusal to take a test offered
under RCW 46.20.308, there is no test result indicating the person's
alcohol concentration:
(i) Where there have been no prior offenses within seven years, be
revoked or denied by the department for two years;
(ii) Where there has been one prior offense within seven years, be
revoked or denied by the department for three years; or
(iii) Where there have been two or more previous offenses within
seven years, be revoked or denied by the department for four years.
The department shall grant credit on a day-for-day basis for any
portion of a suspension, revocation, or denial already served under
this subsection for a suspension, revocation, or denial imposed under
RCW 46.20.3101 arising out of the same incident.
For purposes of this subsection (((7))) (8), the department shall
refer to the driver's record maintained under RCW 46.52.120 when
determining the existence of prior offenses.
(((8))) (9) After expiration of any period of suspension,
revocation, or denial of the offender's license, permit, or privilege
to drive required by this section, the department shall place the
offender's driving privilege in probationary status pursuant to RCW
46.20.355.
(((9))) (10)(a) In addition to any nonsuspendable and nondeferrable
jail sentence required by this section, whenever the court imposes less
than one year in jail, or when imposing a sentence under section 3 of
this act, whenever the court imposes less than five years in prison,
the court shall also suspend but shall not defer a period of
confinement for a period not exceeding five years. The court shall
impose conditions of probation that include: (i) Not driving a motor
vehicle within this state without a valid license to drive and proof of
financial responsibility for the future; (ii) not driving a motor
vehicle within this state while having an alcohol concentration of 0.08
or more within two hours after driving; and (iii) not refusing to
submit to a test of his or her breath or blood to determine alcohol
concentration upon request of a law enforcement officer who has
reasonable grounds to believe the person was driving or was in actual
physical control of a motor vehicle within this state while under the
influence of intoxicating liquor. The court may impose conditions of
probation that include nonrepetition, installation of an ignition
interlock device on the probationer's motor vehicle, alcohol or drug
treatment, supervised probation, or other conditions that may be
appropriate. The sentence may be imposed in whole or in part upon
violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under
(a)(i), (ii), or (iii) of this subsection, the court shall order the
convicted person to be confined for thirty days, which shall not be
suspended or deferred.
(c) For each incident involving a violation of a mandatory
condition of probation imposed under this subsection, the license,
permit, or privilege to drive of the person shall be suspended by the
court for thirty days or, if such license, permit, or privilege to
drive already is suspended, revoked, or denied at the time the finding
of probation violation is made, the suspension, revocation, or denial
then in effect shall be extended by thirty days. The court shall
notify the department of any suspension, revocation, or denial or any
extension of a suspension, revocation, or denial imposed under this
subsection.
(((10))) (11) A court may waive the electronic home monitoring
requirements of this chapter when:
(a) The offender does not have a dwelling, telephone service, or
any other necessity to operate an electronic home monitoring system;
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe that the
offender would violate the conditions of the electronic home monitoring
penalty.
Whenever the mandatory minimum term of electronic home monitoring
is waived, the court shall state in writing the reason for granting the
waiver and the facts upon which the waiver is based, and shall impose
an alternative sentence with similar punitive consequences. The
alternative sentence may include, but is not limited to, additional
jail time, work crew, or work camp.
Whenever the combination of jail time and electronic home
monitoring or alternative sentence would exceed three hundred sixty-five days, the offender shall serve the jail portion of the sentence
first, and the electronic home monitoring or alternative portion of the
sentence shall be reduced so that the combination does not exceed three
hundred sixty-five days.
(((11))) (12) An offender serving a sentence under this section or
section 3 of this act, whether or not a mandatory minimum term has
expired, may be granted an extraordinary medical placement by the jail
administrator subject to the standards and limitations set forth in RCW
9.94A.728(4).
(((12))) (13) For purposes of this section and RCW 46.61.502 and
46.61.504:
(a) A "prior offense" means any of the following:
(i) A conviction for a violation of RCW 46.61.502 or an equivalent
local ordinance;
(ii) A conviction for a violation of RCW 46.61.504 or an equivalent
local ordinance;
(iii) A conviction for a violation of RCW 46.61.520 committed while
under the influence of intoxicating liquor or any drug;
(iv) A conviction for a violation of RCW 46.61.522 committed while
under the influence of intoxicating liquor or any drug;
(v) A conviction for a violation of RCW 46.61.5249, 46.61.500, or
9A.36.050 or an equivalent local ordinance, if the conviction is the
result of a charge that was originally filed as a violation of RCW
46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW
46.61.520 or 46.61.522;
(vi) An out-of-state conviction for a violation that would have
been a violation of (a)(i), (ii), (iii), (iv), or (v) of this
subsection if committed in this state;
(vii) A deferred prosecution under chapter 10.05 RCW granted in a
prosecution for a violation of RCW 46.61.502, 46.61.504, or an
equivalent local ordinance; or
(viii) A deferred prosecution under chapter 10.05 RCW granted in a
prosecution for a violation of RCW 46.61.5249, or an equivalent local
ordinance, if the charge under which the deferred prosecution was
granted was originally filed as a violation of RCW 46.61.502 or
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or
46.61.522; and
(b) "Within seven years" means that the arrest for a prior offense
occurred within seven years of the arrest for the current offense.
Sec. 5 RCW 46.61.5151 and 1995 c 332 s 15 are each amended to
read as follows:
A sentencing court may allow ((persons)) a person convicted of
((violating)) a nonfelony violation of RCW 46.61.502 or 46.61.504 to
fulfill the terms of the sentence provided in RCW 46.61.5055 in
nonconsecutive or intermittent time periods. However, any mandatory
minimum sentence under RCW 46.61.5055 or section 3 of this act shall be
served consecutively unless suspended or deferred as otherwise provided
by law.
Sec. 6 RCW 9.94A.030 and 2005 c 436 s 1 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 protection zone" means the area within eight hundred
eighty feet of the facilities and grounds of a public or private
school.
(9) "Community restitution" means compulsory service, without
compensation, performed for the benefit of the community by the
offender.
(10) "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.
(11) "Confinement" means total or partial confinement.
(12) "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.
(13) "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.
(14) "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.
(15) "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.
(16) "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.
(17) "Department" means the department of corrections.
(18) "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.
(19) "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.
(20) "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.
(21) "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.
(22) "Earned release" means earned release from confinement as
provided in RCW 9.94A.728.
(23) "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.
(24) "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)), felony driving while
under the influence of intoxicating liquor or any drug (RCW
46.61.502(6)), or felony physical control of a vehicle while under the
influence of intoxicating liquor or any drug (RCW 46.61.504(6)); 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.
(25) "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.
(26) "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.
(27) "Home detention" means a program of partial confinement
available to offenders wherein the offender is confined in a private
residence subject to electronic surveillance.
(28) "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.
(29) "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.
(30) "Nonviolent offense" means an offense which is not a violent
offense.
(31) "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.
(32) "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, home
detention, work crew, and a combination of work crew and home
detention.
(33) "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 (33)(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.
(34) "Postrelease supervision" is that portion of an offender's
community placement that is not community custody.
(35) "Private school" means a school regulated under chapter
28A.195 or 28A.205 RCW.
(36) "Public school" has the same meaning as in RCW 28A.150.010.
(37) "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.
(38) "Risk assessment" means the application of an objective
instrument supported by research and 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. The results of a risk assessment shall not be
based on unconfirmed or unconfirmable allegations.
(39) "Serious traffic offense" means:
(a) Nonfelony driving while under the influence of intoxicating
liquor or any drug (RCW 46.61.502), nonfelony 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.
(40) "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.
(41) "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.
(42) "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.
(43) "Standard sentence range" means the sentencing court's
discretionary range in imposing a nonappealable sentence.
(44) "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.
(45) "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.
(46) "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.
(47) "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.
(48) "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.
(49) "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.
(50) "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.
(51) "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.
Sec. 7 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)), felony driving while
under the influence of intoxicating liquor or any drug (RCW
46.61.502(6)), or felony physical control of a vehicle while under the
influence of intoxicating liquor or any drug (RCW 46.61.504(6)); 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, 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 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. The results of a risk assessment shall not be
based on unconfirmed or unconfirmable allegations.
(36) "Serious traffic offense" means:
(a) Nonfelony driving while under the influence of intoxicating
liquor or any drug (RCW 46.61.502), nonfelony 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.
Sec. 8 RCW 9.94A.640 and 1987 c 486 s 7 are each amended to read
as follows:
(1) Every offender who has been discharged under RCW 9.94A.637 may
apply to the sentencing court for a vacation of the offender's record
of conviction. If the court finds the offender meets the tests
prescribed in subsection (2) of this section, the court may clear the
record of conviction by: (a) Permitting the offender to withdraw the
offender's plea of guilty and to enter a plea of not guilty; or (b) if
the offender has been convicted after a plea of not guilty, by the
court setting aside the verdict of guilty; and (c) by the court
dismissing the information or indictment against the offender.
(2) An offender may not have the record of conviction cleared if:
(a) There are any criminal charges against the offender pending in any
court of this state or another state, or in any federal court; (b) the
offense was a violent offense as defined in RCW 9.94A.030; (c) the
offense was a crime against persons as defined in RCW 43.43.830; (d)
the offender has been convicted of a new crime in this state, another
state, or federal court since the date of the offender's discharge
under RCW 9.94A.637; (e) the offense is a class B felony and less than
ten years have passed since the date the applicant was discharged under
RCW 9.94A.637; ((and)) (f) the offense was a class C felony, other than
a class C felony described in RCW 46.61.502(6) or 46.61.504(6), and
less than five years have passed since the date the applicant was
discharged under RCW 9.94A.637; or (g) the offense was a class C felony
described in RCW 46.61.502(6) or 46.61.504(6) and less than seven years
have passed since the applicant was discharged under RCW 9.94A.637.
(3) Once the court vacates a record of conviction under subsection
(1) of this section, the fact that the offender has been convicted of
the offense shall not be included in the offender's criminal history
for purposes of determining a sentence in any subsequent conviction,
and the offender shall be released from all penalties and disabilities
resulting from the offense. For all purposes, including responding to
questions on employment applications, an offender whose conviction has
been vacated may state that the offender has never been convicted of
that crime. Nothing in this section affects or prevents the use of an
offender's prior conviction in a later criminal prosecution.
Sec. 9 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 other than a felony
under RCW 46.61.502(6) or 46.61.504(6), 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.
(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. 10 RCW 13.40.0357 and 2004 c 117 s 1 are each amended to
read as follows:
| DESCRIPTION AND OFFENSE CATEGORY | ||||
| JUVENILE DISPOSITION OFFENSE CATEGORY | DESCRIPTION (RCW CITATION) | JUVENILE DISPOSITION CATEGORY FOR ATTEMPT, BAILJUMP, CONSPIRACY, OR SOLICITATION | ||
| . . . . . . . . . . . . | ||||
| Arson and Malicious Mischief | ||||
| A | Arson 1 (9A.48.020) | B+ | ||
| B | Arson 2 (9A.48.030) | C | ||
| C | Reckless Burning 1 (9A.48.040) | D | ||
| D | Reckless Burning 2 (9A.48.050) | E | ||
| B | Malicious Mischief 1 (9A.48.070) | C | ||
| C | Malicious Mischief 2 (9A.48.080) | D | ||
| D | Malicious Mischief 3 (9A.48.090(2) (a) and (c)) | E | ||
| E | Malicious Mischief 3 (9A.48.090(2)(b)) | E | ||
| E | Tampering with Fire Alarm Apparatus (9.40.100) | E | ||
| E | Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105) | E | ||
| A | Possession of Incendiary Device (9.40.120) | B+ | ||
| Assault and Other Crimes Involving Physical Harm | ||||
| A | Assault 1 (9A.36.011) | B+ | ||
| B+ | Assault 2 (9A.36.021) | C+ | ||
| C+ | Assault 3 (9A.36.031) | D+ | ||
| D+ | Assault 4 (9A.36.041) | E | ||
| B+ | Drive-By Shooting (9A.36.045) | C+ | ||
| D+ | Reckless Endangerment (9A.36.050) | E | ||
| C+ | Promoting Suicide Attempt (9A.36.060) | D+ | ||
| D+ | Coercion (9A.36.070) | E | ||
| C+ | Custodial Assault (9A.36.100) | D+ | ||
| Burglary and Trespass | ||||
| B+ | Burglary 1 (9A.52.020) | C+ | ||
| B | Residential Burglary (9A.52.025) | C | ||
| B | Burglary 2 (9A.52.030) | C | ||
| D | Burglary Tools (Possession of) (9A.52.060) | E | ||
| D | Criminal Trespass 1 (9A.52.070) | E | ||
| E | Criminal Trespass 2 (9A.52.080) | E | ||
| C | Mineral Trespass (78.44.330) | C | ||
| C | Vehicle Prowling 1 (9A.52.095) | D | ||
| D | Vehicle Prowling 2 (9A.52.100) | E | ||
| Drugs | ||||
| E | Possession/Consumption of Alcohol (66.44.270) | E | ||
| C | Illegally Obtaining Legend Drug (69.41.020) | D | ||
| C+ | Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a)) | D+ | ||
| E | Possession of Legend Drug (69.41.030(2)(b)) | E | ||
| B+ | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b)) | B+ | ||
| C | Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c)) | C | ||
| E | Possession of Marihuana <40 grams (69.50.4014) | E | ||
| C | Fraudulently Obtaining Controlled Substance (69.50.403) | C | ||
| C+ | Sale of Controlled Substance for Profit (69.50.410) | C+ | ||
| E | Unlawful Inhalation (9.47A.020) | E | ||
| B | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b)) | B | ||
| C | Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e)) | C | ||
| C | Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013) | C | ||
| C | Violation of Uniform Controlled Substances
Act - Possession of a Controlled Substance
(69.50.4012) | C | ||
| Firearms and Weapons | ||||
| B | Theft of Firearm (9A.56.300) | C | ||
| B | Possession of Stolen Firearm (9A.56.310) | C | ||
| E | Carrying Loaded Pistol Without Permit (9.41.050) | E | ||
| C | Possession of Firearms by Minor (<18) (9.41.040(2)(a)(iii)) | C | ||
| D+ | Possession of Dangerous Weapon (9.41.250) | E | ||
| D | Intimidating Another Person by use of
Weapon (9.41.270) | E | ||
| Homicide | ||||
| A+ | Murder 1 (9A.32.030) | A | ||
| A+ | Murder 2 (9A.32.050) | B+ | ||
| B+ | Manslaughter 1 (9A.32.060) | C+ | ||
| C+ | Manslaughter 2 (9A.32.070) | D+ | ||
| B+ | Vehicular Homicide (46.61.520) | C+ | ||
| Kidnapping | ||||
| A | Kidnap 1 (9A.40.020) | B+ | ||
| B+ | Kidnap 2 (9A.40.030) | C+ | ||
| C+ | Unlawful Imprisonment (9A.40.040) | D+ | ||
| Obstructing Governmental Operation | ||||
| D | Obstructing a Law Enforcement Officer (9A.76.020) | E | ||
| E | Resisting Arrest (9A.76.040) | E | ||
| B | Introducing Contraband 1 (9A.76.140) | C | ||
| C | Introducing Contraband 2 (9A.76.150) | D | ||
| E | Introducing Contraband 3 (9A.76.160) | E | ||
| B+ | Intimidating a Public Servant (9A.76.180) | C+ | ||
| B+ | Intimidating a Witness (9A.72.110) | C+ | ||
| Public Disturbance | ||||
| C+ | Riot with Weapon (9A.84.010(2)(b)) | D+ | ||
| D+ | Riot Without Weapon (9A.84.010(2)(a)) | E | ||
| E | Failure to Disperse (9A.84.020) | E | ||
| E | Disorderly Conduct (9A.84.030) | E | ||
| Sex Crimes | ||||
| A | Rape 1 (9A.44.040) | B+ | ||
| A- | Rape 2 (9A.44.050) | B+ | ||
| C+ | Rape 3 (9A.44.060) | D+ | ||
| A- | Rape of a Child 1 (9A.44.073) | B+ | ||
| B+ | Rape of a Child 2 (9A.44.076) | C+ | ||
| B | Incest 1 (9A.64.020(1)) | C | ||
| C | Incest 2 (9A.64.020(2)) | D | ||
| D+ | Indecent Exposure (Victim <14) (9A.88.010) | E | ||
| E | Indecent Exposure (Victim 14 or over) (9A.88.010) | E | ||
| B+ | Promoting Prostitution 1 (9A.88.070) | C+ | ||
| C+ | Promoting Prostitution 2 (9A.88.080) | D+ | ||
| E | O & A (Prostitution) (9A.88.030) | E | ||
| B+ | Indecent Liberties (9A.44.100) | C+ | ||
| A- | Child Molestation 1 (9A.44.083) | B+ | ||
| B | Child Molestation 2 (9A.44.086) | C+ | ||
| Theft, Robbery, Extortion, and Forgery | ||||
| B | Theft 1 (9A.56.030) | C | ||
| C | Theft 2 (9A.56.040) | D | ||
| D | Theft 3 (9A.56.050) | E | ||
| B | Theft of Livestock 1 and 2 (9A.56.080 and 9A.56.083) | C | ||
| C | Forgery (9A.60.020) | D | ||
| A | Robbery 1 (9A.56.200) | B+ | ||
| B+ | Robbery 2 (9A.56.210) | C+ | ||
| B+ | Extortion 1 (9A.56.120) | C+ | ||
| C+ | Extortion 2 (9A.56.130) | D+ | ||
| C | Identity Theft 1 (9.35.020(2)) | D | ||
| D | Identity Theft 2 (9.35.020(3)) | E | ||
| D | Improperly Obtaining Financial Information (9.35.010) | E | ||
| B | Possession of Stolen Property 1 (9A.56.150) | C | ||
| C | Possession of Stolen Property 2 (9A.56.160) | D | ||
| D | Possession of Stolen Property 3 (9A.56.170) | E | ||
| C | Taking Motor Vehicle Without Permission
1 and 2 (9A.56.070 and 9A.56.075) | D | ||
| Motor Vehicle Related Crimes | ||||
| E | Driving Without a License (46.20.005) | E | ||
| B+ | Hit and Run - Death (46.52.020(4)(a)) | C+ | ||
| C | Hit and Run - Injury (46.52.020(4)(b)) | D | ||
| D | Hit and Run-Attended (46.52.020(5)) | E | ||
| E | Hit and Run-Unattended (46.52.010) | E | ||
| C | Vehicular Assault (46.61.522) | D | ||
| C | Attempting to Elude Pursuing Police Vehicle (46.61.024) | D | ||
| E | Reckless Driving (46.61.500) | E | ||
| D | Driving While Under the Influence
(46.61.502 and 46.61.504) | E | ||
| B+ | Felony Driving While Under the Influence (46.61.502(6) and 46.61.504(6)) | B | ||
| Other | ||||
| B | Animal Cruelty 1 (16.52.205) | C | ||
| B | Bomb Threat (9.61.160) | C | ||
| C | Escape 11 (9A.76.110) | C | ||
| C | Escape 21 (9A.76.120) | C | ||
| D | Escape 3 (9A.76.130) | E | ||
| E | Obscene, Harassing, Etc., Phone Calls (9.61.230) | E | ||
| A | Other Offense Equivalent to an Adult Class A Felony | B+ | ||
| B | Other Offense Equivalent to an Adult Class B Felony | C | ||
| C | Other Offense Equivalent to an Adult Class C Felony | D | ||
| D | Other Offense Equivalent to an Adult Gross Misdemeanor | E | ||
| E | Other Offense Equivalent to an Adult Misdemeanor | E | ||
| V | Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 | V | ||
| OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE | ||||||||||
A+ | 180 WEEKS TO AGE 21 YEARS | |||||||||
| A | 103 WEEKS TO 129 WEEKS | |||||||||
| A- | 15-36 | 52-65 | 80-100 | 103-129 | ||||||
| WEEKS | WEEKS | WEEKS | WEEKS | |||||||
| EXCEPT | ||||||||||
| 30-40 | ||||||||||
| WEEKS FOR | ||||||||||
| 15-17 | ||||||||||
| YEAR OLDS | ||||||||||
| Current | B+ | 15-36 | 52-65 | 80-100 | 103-129 | |||||
| Offense | WEEKS | WEEKS | WEEKS | WEEKS | ||||||
| Category | ||||||||||
| B | LOCAL | 52-65 | ||||||||
| SANCTIONS (LS) | 15-36 WEEKS | WEEKS | ||||||||
| C+ | LS | |||||||||
| 15-36 WEEKS | ||||||||||
| C | LS | 15-36 WEEKS | ||||||||
| Local Sanctions: | ||||||||||
| 0 to 30 Days | ||||||||||
| D+ | LS | 0 to 12 Months Community Supervision | ||||||||
| 0 to 150 Hours Community Restitution | ||||||||||
| D | LS | $0 to $500 Fine | ||||||||
| E | LS | |||||||||
| 0 | 1 | 2 | 3 | 4 or more | ||||||
| PRIOR ADJUDICATIONS | ||||||||||
NEW SECTION. Sec. 11 Section 6 of this act expires July 1, 2006.
NEW SECTION. Sec. 12 Section 7 of this act takes effect July 1,
2006.