1187.EAMSHSCS3041.1EHB 1187S COMM AMDBy Committee on Human Services & CorrectionsADOPTED 04/07/2005 Strike everything after the enacting clause and insert thefollowing:NEW SECTION.Sec. (1) The legislature finds that emergingresearch on brain development indicates that adolescent brains, andthus adolescent intellectual and emotional capabilities, differsignificantly from those of mature adults. It is appropriate to takethese differences into consideration when sentencing juveniles tried asadults. The legislature further finds that applying mandatory minimumsentences for juveniles tried as adults prevents trial court judgesfrom taking these differences into consideration in appropriatecircumstances. (2) The legislature intends to eliminate the application ofmandatory minimum sentences under RCW 9.94A.540 to juveniles tried asadults, and to continue to apply all other adult sentencing provisionsto juveniles tried as adults.Sec. RCW 9.94A.540 and 2001 2nd sp.s. c 12 s 315 are eachamended to read as follows: (1) Except to the extent provided in subsection (3) of thissection, the following minimum terms of total confinement are mandatoryand shall not be varied or modified under RCW 9.94A.535: (a) An offender convicted of the crime of murder in the firstdegree shall be sentenced to a term of total confinement not less thantwenty years. (b) An offender convicted of the crime of assault in the firstdegree or assault of a child in the first degree where the offenderused force or means likely to result in death or intended to kill thevictim shall be sentenced to a term of total confinement not less thanfive years. 1 (c) An offender convicted of the crime of rape in the first degreeshall be sentenced to a term of total confinement not less than fiveyears. (d) An offender convicted of the crime of sexually violent predatorescape shall be sentenced to a minimum term of total confinement notless than sixty months. (2) During such minimum terms of total confinement, no offendersubject to the provisions of this section is eligible for communitycustody, earned release time, furlough, home detention, partialconfinement, work crew, work release, or any other form of earlyrelease authorized under RCW 9.94A.728, or any other form of authorizedleave of absence from the correctional facility while not in the directcustody of a corrections officer. The provisions of this subsectionshall not apply: (a) In the case of an offender in need of emergencymedical treatment; (b) for the purpose of commitment to an inpatienttreatment facility in the case of an offender convicted of the crime ofrape in the first degree; or (c) for an extraordinary medical placementwhen authorized under RCW 9.94A.728(4). (3)(a) Subsection (1) of this section shall not be applied insentencing of juveniles tried as adults pursuant to RCW13.04.030(1)(e)(i). (b) This section applies only to crimes committed on or after theeffective date of this act.EHB 1187S COMM AMDBy Committee on Human Services & CorrectionsADOPTED 04/07/2005 On page 1, line 2 of the title, after adults; strike theremainder of the title and insert amending RCW 9.94A.540; and creatinga new section.--- END --- 2