BILL REQ. #: S-2178.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 03/14/11. Referred to Committee on Human Services & Corrections.
AN ACT Relating to terms of supervision for offenders sentenced to a first time offender waiver; amending RCW 9.94A.650; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.94A.650 and 2008 c 231 s 29 are each amended to read
as follows:
(1) This section applies to offenders who have never been
previously convicted of a felony in this state, federal court, or
another state, and who have never participated in a program of deferred
prosecution for a felony, and who are convicted of a felony that is
not:
(a) Classified as a violent offense or a sex offense under this
chapter;
(b) Manufacture, delivery, or possession with intent to manufacture
or deliver a controlled substance classified in Schedule I or II that
is a narcotic drug or flunitrazepam classified in Schedule IV;
(c) Manufacture, delivery, or possession with intent to deliver a
methamphetamine, its salts, isomers, and salts of its isomers as
defined in RCW 69.50.206(d)(2);
(d) The selling for profit of any controlled substance or
counterfeit substance classified in Schedule I, RCW 69.50.204, except
leaves and flowering tops of marihuana; or
(e) Felony driving while under the influence of intoxicating liquor
or any drug or felony physical control of a vehicle while under the
influence of intoxicating liquor or any drug.
(2) In sentencing a first-time offender the court may waive the
imposition of a sentence within the standard sentence range and impose
a sentence which may include up to ninety days of confinement in a
facility operated or utilized under contract by the county and a
requirement that the offender refrain from committing new offenses.
(3) The court may impose up to ((one year)) six months of community
custody unless treatment is ordered, in which case the period of
community custody may include up to the period of treatment, but shall
not exceed ((two years)) one year.
(4) As a condition of community custody, in addition to any
conditions authorized in RCW 9.94A.703, the court may order the
offender to pay all court-ordered legal financial obligations and/or
perform community restitution work.
NEW SECTION. Sec. 2 By January 1, 2012, consistent with the
provisions of RCW 9.94A.650, the department of corrections shall
recalculate the term of community custody for each offender sentenced
to a first time offender waiver under RCW 9.94A.650 and currently in
confinement or serving a term of community custody. The department of
corrections shall reset the date that community custody will end for
those offenders. The recalculation shall not extend a term of
community custody beyond that to which an offender is currently
subject.