BILL REQ. #:  S-1895.1 

Read first time 02/20/09.   Referred to Committee on Judiciary.

     AN ACT Relating to delayed sentencing for offenders with a standard range under one year; amending RCW 9.94A.500; and adding a new section to chapter 9.94A RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 9.94A RCW to read as follows:
     (1) An offender is eligible for the delayed sentencing option if:
     (a) The offender is convicted of a felony that is not a violent offense or sex offense and the violation does not involve a sentence enhancement under RCW 9.94A.533 (3) or (4);
     (b) The offender is convicted of a felony that is not a felony driving while under the influence of intoxicating liquor or any drug under RCW 46.61.502(6) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug under RCW 46.61.504(6);
     (c) The offender has no current or prior convictions for a sex offense at any time or violent offense within ten years before conviction of the current offense, in this state, another state, or the United States;
     (d) The offender has not been found by the United States attorney general to be subject to a deportation detainer or order and does not become subject to a deportation order during the period in which the court has jurisdiction for the current offense; and
     (e) The standard sentence range for the current offense is one year or less and the offender would otherwise serve his or her sentence in a county jail.
     (2) A motion for consideration of the delayed sentencing option under this section may be made by the court, the offender, or the prosecutor. If the court grants the motion, an offender may elect to participate in the delayed sentencing option under terms set by the court.
     (3)(a) Upon entry of a plea of guilty, if the court determines that a delayed sentence under this section is appropriate, the court shall continue the sentencing hearing for a period set by the court up to three hundred sixty-five days and order presentence release conditions pending sentencing.
     (b) An offender must submit a chemical dependency, domestic violence, or mental health evaluation to the court at the time a guilty plea is entered in order to be considered for inpatient or outpatient treatment as a condition of the delayed sentencing option.
     (c) At the discretion of the court, an offender may participate in the delayed sentencing option whether or not treatment is imposed as a condition of the delayed sentencing option.
     (4) The delayed sentencing option shall include:
     (a) A requirement not to possess or use any controlled substances without a valid prescription;
     (b) A requirement to submit to urinalysis or other testing to monitor compliance;
     (c) A release of information signed by the offender authorizing any treatment provider to provide notice of noncompliance to the court, defense counsel, and the prosecutor;
     (d) A requirement to remain within prescribed geographical boundaries while sentencing is pending;
     (e) A requirement to commit no criminal law violations;
     (f) A requirement to report any change of address, employment, or phone number to the prosecutor, defense counsel, and any treatment provider;
     (g) A requirement to make monthly payments set by the court or the county clerk on restitution ordered by the court prior to sentencing, and to pay any fees assessed by the clerk and the costs of any treatment and testing including urinalysis, unless provided at public expense;
     (h) A requirement to stay out of prescribed geographical boundaries, if designated by the court; and
     (i) Other crime-related conditions as the court may require.
     (5)(a) The delayed sentencing option may include a period of appropriate inpatient or outpatient substance abuse, domestic violence, or mental health treatment in a program that has been approved by the department of social and health services.
     (b) The treatment provider must submit periodic status reports to the court, defense counsel, and the prosecutor relating to the offender's progress in treatment. The treatment provider must notify the court, defense counsel, and the prosecutor of any noncompliance by the offender within seventy-two hours.
     (6)(a) The court may require any offender subject to this section to appear in court during the postconviction period pending sentencing to review compliance with conditions, including treatment requirements.
     (b) The court may modify the terms of the delayed sentencing order or impose sanctions under (c) of this subsection.
     (c) The court may revoke the delayed sentencing option and sentence the offender to a term of total confinement or county-approved alternative to total confinement within the standard range for the offender's current offense at any time during the postconviction period pending sentencing or at the sentencing hearing if the court finds by a preponderance of the evidence that the offender violated the conditions of the delayed sentencing order or the offender is failing to make satisfactory progress in treatment.
     (d) An offender ordered to serve a term of total or partial confinement under (c) of this subsection shall receive credit for any time previously served under this section.
     (7) If an offender subject to this section is found by the United States attorney general to be subject to a deportation order, a hearing shall be held by the court unless waived by the offender, and, if the court finds that the offender is subject to a valid deportation order, may terminate the offender from the delayed sentencing option and immediately sentence the offender to a term of total confinement within the standard range for the offender's current offense.
     (8)(a) An offender participating in the delayed sentencing option under this section shall be subject to all rules relating to earned release time with respect to any period served in postconviction treatment pursuant to this section.
     (b) An offender ordered to participate in treatment pending sentencing under this section shall be given one day credit for each day of participation in inpatient and outpatient treatment.
     (9) Costs of examinations and preparing treatment plans under this section may be paid, at the option of the county, from funds provided to the county from the criminal justice treatment account under RCW 70.96A.350.
     (10) A delayed sentence under this section does not constitute a suspended or deferred sentence under RCW 9.94A.575.

Sec. 2   RCW 9.94A.500 and 2008 c 231 s 2 are each amended to read as follows:
     (1) Before imposing a sentence upon a defendant, the court shall conduct a sentencing hearing. Except as provided in section 1 of this act, the sentencing hearing shall be held within forty court days following conviction. Upon the motion of either party for good cause shown, or on its own motion, the court may extend the time period for conducting the sentencing hearing.
     Except in cases where the defendant 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, the court may order the department to complete a risk assessment report. If available before sentencing, the report shall be provided to the court.
     Unless specifically waived by the court, the court shall order the department to complete a chemical dependency screening report before imposing a sentence upon a defendant who has been convicted of a violation of the uniform controlled substances act under chapter 69.50 RCW, a criminal solicitation to commit such a violation under chapter 9A.28 RCW, or any felony where the court finds that the offender has a chemical dependency that has contributed to his or her offense. In addition, the court shall, at the time of plea or conviction, order the department to complete a presentence report before imposing a sentence upon a defendant who has been convicted of a felony sexual offense. The department of corrections shall give priority to presentence investigations for sexual offenders. If the court determines that the defendant may be a mentally ill person as defined in RCW 71.24.025, although the defendant has not established that at the time of the crime he or she lacked the capacity to commit the crime, was incompetent to commit the crime, or was insane at the time of the crime, the court shall order the department to complete a presentence report before imposing a sentence.
     The court shall consider the risk assessment report and presentence reports, if any, including any victim impact statement and criminal history, and allow arguments from the prosecutor, the defense counsel, the offender, the victim, the survivor of the victim, or a representative of the victim or survivor, and an investigative law enforcement officer as to the sentence to be imposed.
     A criminal history summary relating to the defendant from the prosecuting authority or from a state, federal, or foreign governmental agency shall be prima facie evidence of the existence and validity of the convictions listed therein. If the court is satisfied by a preponderance of the evidence that the defendant has a criminal history, the court shall specify the convictions it has found to exist. All of this information shall be part of the record. Copies of all risk assessment reports and presentence reports presented to the sentencing court and all written findings of facts and conclusions of law as to sentencing entered by the court shall be sent to the department by the clerk of the court at the conclusion of the sentencing and shall accompany the offender if the offender is committed to the custody of the department. Court clerks shall provide, without charge, certified copies of documents relating to criminal convictions requested by prosecuting attorneys.
     (2) To prevent wrongful disclosure of information related to mental health services, as defined in RCW 71.05.445 and 71.34.345, a court may take only those steps necessary during a sentencing hearing or any hearing in which the department presents information related to mental health services to the court. The steps may be taken on motion of the defendant, the prosecuting attorney, or on the court's own motion. The court may seal the portion of the record relating to information relating to mental health services, exclude the public from the hearing during presentation or discussion of information relating to mental health services, or grant other relief to achieve the result intended by this subsection, but nothing in this subsection shall be construed to prevent the subsequent release of information related to mental health services as authorized by RCW 71.05.445, 71.34.345, or 72.09.585. Any person who otherwise is permitted to attend any hearing pursuant to chapter 7.69 or 7.69A RCW shall not be excluded from the hearing solely because the department intends to disclose or discloses information related to mental health services.