BILL REQ. #: S-1813.2
| State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 03/02/05.
AN ACT Relating to persistent offenders; amending RCW 9.94A.570 and 9.95.900; and adding new sections to chapter 9.95 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.94A.570 and 2000 c 28 s 6 are each amended to read
as follows:
(1) Notwithstanding the statutory maximum sentence or any other
provision of this chapter, a persistent offender, with a criminal
history or current offense that includes at least one completed or
attempted class A felony or sex offense, shall be sentenced to a term
of total confinement for life without the possibility of release or,
when authorized by RCW 10.95.030 for the crime of aggravated murder in
the first degree, sentenced to death. In addition, no offender subject
to this section may be eligible for community custody, earned release
time, furlough, home detention, partial confinement, work crew, work
release, or any other form of release as defined under RCW 9.94A.728
(1), (2), (3), (4), (6), (8), or (9), or any other form of authorized
leave from a correctional facility while not in the direct custody of
a corrections officer or officers, except: (((1))) (a) In the case of
an offender in need of emergency medical treatment; or (((2))) (b) for
the purpose of commitment to an inpatient treatment facility in the
case of an offender convicted of the crime of rape in the first degree.
(2) Notwithstanding the statutory maximum sentence or any other
provision of this chapter, a persistent offender, with a criminal
history or current offense that does not include any completed or
attempted class A felonies or sex offenses, shall be sentenced to a
term of total confinement for life. Prior to serving a minimum
twenty-year period of total confinement, no offender subject to this
section may be eligible for community custody, earned release time,
furlough, home detention, partial confinement, work crew, work release,
or any other form of release as defined under RCW 9.94A.728 (1), (2),
(3), (4), (6), (8), or (9), or any other form of authorized leave from
a correctional facility while not in the direct custody of a
corrections officer or officers, except in the case of an offender in
need of emergency medical treatment. After serving the minimum twenty-year period of total confinement, the offender may be eligible for
community custody, earned release time, furlough, home detention,
partial confinement, work crew, work release, or any other form of
release as defined under RCW 9.94A.728 (1), (2), (3), (4), (6), (8), or
(9), or any other form of authorized leave from a correctional
facility.
Sec. 2 RCW 9.95.900 and 2001 2nd sp.s. c 12 s 353 are each
amended to read as follows:
(1) Except as provided in subsection (2) of this section, the
following sections of law do not apply to any felony offense committed
on or after July 1, 1984: RCW 9.95.010, 9.95.011, 9.95.013, 9.95.015,
9.95.017, 9.95.040, 9.95.045, 9.95.047, 9.95.052, 9.95.080, 9.95.100,
9.95.115, 9.95.116, 9.95.120, 9.95.124, 9.95.125, 9.95.130, 9.95.190,
9.95.200, 9.95.204, 9.95.206, 9.95.210, 9.95.212, 9.95.214, 9.95.220,
9.95.230, 9.95.240, 9.95.250, 9.95.260, 9.95.265, 9.95.280, 9.95.290,
9.95.310, 9.95.320, 9.95.330, 9.95.340, 9.95.350, 9.95.360, 9.95.370,
72.04A.070, and 72.04A.080.
(2) The following sections apply to any felony offense committed
before July 1, 1984, and to any offense sentenced under RCW 9.94A.712
and committed on or after July 1, 2001: RCW 9.95.003, 9.95.005,
9.95.007, 9.95.020, 9.95.030, 9.95.031, 9.95.032, 9.95.055, 9.95.060,
9.95.062, 9.95.063, 9.95.064, 9.95.070, 9.95.090, 9.95.110, 9.95.121,
9.95.122, 9.95.123, 9.95.126, 9.95.140, 9.95.150, 9.95.160, 9.95.170,
9.95.300, and 9.96.050.
(3) The following sections apply to any felony offense sentenced
under RCW 9.94A.570(2): RCW 9.95.003, 9.95.005, 9.95.007, 9.95.020,
9.95.030, 9.95.031, 9.95.032, 9.95.055, 9.95.060, 9.95.062, 9.95.063,
9.95.064, 9.95.090, 9.95.110, 9.95.121, 9.95.122, 9.95.123, 9.95.126,
9.95.140, 9.95.150, 9.95.160, 9.95.170, 9.95.300, section 3 of this
act, and 9.96.050.
NEW SECTION. Sec. 3 A new section is added to chapter 9.95 RCW
to read as follows:
(1) The twenty-year period of total confinement imposed under RCW
9.94A.570(2) constitutes the conditional release eligibility review
date at which time the board shall review the offender for conditional
release to community custody. Nothing in this section or in RCW
9.94A.570 affects the board's authority to increase the minimum term of
total confinement set by the court.
(2) Not less than ninety days prior to the conditional release
eligibility review date, the board shall review the offender for
conditional release to community custody. If the board does not
release the offender, it shall set a new term not to exceed an
additional two years confinement. The board shall continue biennial
review for conditional release eligibility until the offender qualifies
for conditional release or the offender has completed the life
sentence.
(3) In making its determination on duration of total confinement,
the board shall consider the purposes, standards, and sentencing ranges
adopted in chapter 9.94A RCW, the recommendations of the sentencing
judge and prosecuting attorney, statements and recommendations from the
crime victims, if any, and shall attempt to make determinations
reasonably consistent with those purposes, standards, and ranges. The
board shall give public safety and future dangerousness in the
community considerations the highest priority when making its
decisions.
(4) The board shall make adequate written reasons for its decision
to grant conditional release to community custody or extend the term of
total confinement.
(5) The offender's eligibility for conditional release to community
custody shall be subject to the terms and conditions imposed by the
board for such time as the board shall designate. An offender who
breaches a term or condition of conditional release is subject to all
of the procedures and remedies provided in this chapter.
NEW SECTION. Sec. 4 A new section is added to chapter 9.95 RCW
to read as follows:
Notwithstanding RCW 9.94A.345 and 10.01.040, this act applies to
all offenders whose criminal history and current offense satisfy the
requirements of RCW 9.94A.570(2).