BILL REQ. #:  S-1201.1 

READ FIRST TIME 02/15/05.   

     AN ACT Relating to a clarification of the earned release time provisions for offenders held in city or county jails; amending RCW 9.92.151 and 70.48.210; adding a new section to chapter 9.92 RCW; adding a new section to chapter 70.48 RCW; providing an effective date; providing an expiration date; and declaring an emergency.

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

Sec. 1   RCW 9.92.151 and 2004 c 176 s 5 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section((,)):
     (a) The sentence of a prisoner confined in a county jail facility for a felony, gross misdemeanor, or misdemeanor conviction may be reduced by earned release credits in accordance with procedures that shall be developed and promulgated by the correctional agency having jurisdiction. The earned ((early)) release time shall be for good behavior and good performance as determined by the correctional agency having jurisdiction. Any program established pursuant to this section shall allow an offender to earn ((early)) release credits for presentence incarceration. The correctional agency shall not credit the offender with earned ((early)) release credits in advance of the offender actually earning the credits.
     (b) In the case of an offender convicted of a serious violent offense or a sex offense that is a class A felony committed on or after July 1, 1990, and before July 1, 2005, the aggregate earned early release time may not exceed fifteen percent of the sentence. In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2005, the aggregate earned release time may not exceed ten percent of the sentence.
     (c) A correctional agency may adopt an earned release program that exceeds one-third of the total sentence for those offenders who qualify under (c)(i) and (ii) of this subsection. The aggregate earned release time may not exceed fifty percent of the sentence. If the correctional agency adopts an earned release program that exceeds one-third of the total sentence, an offender is qualified to earn up to fifty percent of aggregate earned release time under this subsection if he or she:
     (i) Is not confined pursuant to a sentence for:
     (A) A sex offense;
     (B) A violent offense;
     (C) A crime against persons as defined in RCW 9.94A.411;
     (D) A felony that is domestic violence as defined in RCW 10.99.020;
     (E) A violation of RCW 9A.52.025 (residential burglary);
     (F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
     (G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor); and
     (ii) Has no prior conviction for:
     (A) A sex offense;
     (B) A violent offense;
     (C) A crime against persons as defined in RCW 9.94A.411;
     (D) A felony that is domestic violence as defined in RCW 10.99.020;
     (E) A violation of RCW 9A.52.025 (residential burglary);
     (F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
     (G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor).
     (d) The facility shall recalculate the earned release time and reschedule the expected release dates for each qualified offender under (c) of this subsection.
     (e) (c) of this subsection applies retroactively to eligible offenders serving terms of total confinement in a city or county facility as of the effective date of this section.
     (f) In no other case may the aggregate earned ((early)) release time exceed one-third of the total sentence.
     (2) An offender serving a term of confinement imposed under RCW 9.94A.670(4)(a) is not eligible for earned release credits under this section.

NEW SECTION.  Sec. 2   A new section is added to chapter 9.92 RCW to read as follows:
     The legislature declares that the changes to the maximum percentages of earned release time in RCW 9.92.151 do not create any expectation that the percentage of earned release time cannot be revised and offenders have no reason to conclude that the maximum percentage of earned release time is an entitlement or creates any liberty interest. The legislature retains full control over the right to revise the maximum percentages of earned release time available to offenders at any time. This section applies to persons convicted on or after the effective date of this section.

Sec. 3   RCW 70.48.210 and 1990 c 3 s 203 are each amended to read as follows:
     (1) All cities and counties are authorized to establish and maintain farms, camps, and work release programs and facilities, as well as special detention facilities. The facilities shall meet the requirements of this chapter ((70.48 RCW)) and any rules adopted thereunder.
     (2) Farms and camps may be established either inside or outside the territorial limits of a city or county. A sentence of confinement in a city or county jail may include placement in a farm or camp. Unless directed otherwise by court order, the chief law enforcement officer or department of corrections, may transfer the prisoner to a farm or camp. The sentencing court, chief law enforcement officer, or department of corrections may not transfer to a farm or camp a greater number of prisoners than can be furnished with constructive employment and can be reasonably accommodated.
     (3) The city or county may establish a city or county work release program and housing facilities for the prisoners in the program. In such regard, factors such as employment conditions and the condition of jail facilities should be considered. When a work release program is established the following provisions apply:
     (a) A person convicted of a felony and placed in a city or county jail is eligible for the work release program. A person sentenced to a city or county jail is eligible for the work release program. The program may be used as a condition of probation for a criminal offense. Good conduct is a condition of participation in the program.
     (b) The court may permit a person who is currently, regularly employed to continue his or her employment. The chief law enforcement officer or department of corrections shall make all necessary arrangements if possible. The court may authorize the person to seek suitable employment and may authorize the chief law enforcement officer or department of corrections to make reasonable efforts to find suitable employment for the person. A person participating in the work release program may not work in an establishment where there is a labor dispute.
     (c) The work release prisoner shall be confined in a work release facility or jail unless authorized to be absent from the facility for program-related purposes, unless the court directs otherwise.
     (d) Each work release prisoner's earnings may be collected by the chief law enforcement officer or a designee. The chief law enforcement officer or a designee may deduct from the earnings moneys for the payments for the prisoner's board, personal expenses inside and outside the jail, a share of the administrative expenses of this section, court-ordered victim compensation, and court-ordered restitution. Support payments for the prisoner's dependents, if any, shall be made as directed by the court. With the prisoner's consent, the remaining funds may be used to pay the prisoner's preexisting debts. Any remaining balance shall be returned to the prisoner.
     (e) The prisoner's sentence may be reduced by earned ((early)) release time in accordance with procedures that shall be developed and promulgated by the work release facility. The earned ((early)) release time shall be for good behavior and good performance as determined by the facility. The facility shall not credit the offender with earned ((early)) release credits in advance of the offender actually earning the credits.
     (i) In the case of an offender convicted of a serious violent offense or a sex offense that is a class A felony committed on or after July 1, 1990, and before July 1, 2005, the aggregate earned ((early)) release time may not exceed fifteen percent of the sentence. In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2005, the aggregate earned release time may not exceed ten percent of the sentence.
     (ii) A correctional agency may adopt an earned release program that exceeds one-third of the total sentence for those offenders who qualify under (e)(ii)(A) and (B) of this subsection. The aggregate earned release time may not exceed fifty percent of the sentence. If the correctional agency adopts an earned release program that exceeds one-third of the total sentence, an offender is qualified to earn up to fifty percent of aggregate earned release time under this subsection (3)(e)(ii) if he or she:
     (A) Is not confined pursuant to a sentence for:
     (I) A sex offense;
     (II) A violent offense;
     (III) A crime against persons as defined in RCW 9.94A.411;
     (IV) A felony that is domestic violence as defined in RCW 10.99.020;
     (V) A violation of RCW 9A.52.025 (residential burglary);
     (VI) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
     (VII) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor); and
     (B) Has no prior conviction for:
     (I) A sex offense;
     (II) A violent offense;
     (III) A crime against persons as defined in RCW 9.94A.411;
     (IV) A felony that is domestic violence as defined in RCW 10.99.020;
     (V) A violation of RCW 9A.52.025 (residential burglary);
     (VI) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
     (VII) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor).
     (iii) The facility shall recalculate the earned release time and reschedule the expected release dates for each qualified offender under (e)(ii) of this subsection.
     (iv) (e)(ii) of this subsection applies retroactively to eligible offenders serving terms of total confinement in a city or county facility as of the effective date of this section.
     (v) In no other case may the aggregate earned ((early)) release time exceed one-third of the total sentence.
     (f) If the work release prisoner violates the conditions of custody or employment, the prisoner shall be returned to the sentencing court. The sentencing court may require the prisoner to spend the remainder of the sentence in actual confinement and may cancel any earned reduction of the sentence.
     (4) A special detention facility may be operated by a noncorrectional agency or by noncorrectional personnel by contract with the governing unit. The employees shall meet the standards of training and education established by the criminal justice training commission as authorized by RCW 43.101.080. The special detention facility may use combinations of features including, but not limited to, low-security or honor prisoner status, work farm, work release, community review, prisoner facility maintenance and food preparation, training programs, or alcohol or drug rehabilitation programs. Special detention facilities may establish a reasonable fee schedule to cover the cost of facility housing and programs. The schedule shall be on a sliding basis that reflects the person's ability to pay.

NEW SECTION.  Sec. 4   A new section is added to chapter 70.48 RCW to read as follows:
     The legislature declares that the changes to the maximum percentages of earned release time in RCW 70.48.210 do not create any expectation that the percentage of earned release time cannot be revised and offenders have no reason to conclude that the maximum percentage of earned release time is an entitlement or creates any liberty interest. The legislature retains full control over the right to revise the maximum percentages of earned release time available to offenders at any time. This section applies to person convicted on or after the effective date of this section.

NEW SECTION.  Sec. 5   Sections 1 and 3 of this act expire July 1, 2010.

NEW SECTION.  Sec. 6   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 July 1, 2005.