BILL REQ. #:  H-3039.1 

Prefiled 01/10/14. Read first time 01/13/14.   Referred to Committee on Public Safety.

     AN ACT Relating to possession or use of alcohol, cannabis products, and controlled substances in sentencing provisions; amending RCW 9.94A.505 and 9.94A.607; and reenacting and amending RCW 9.94A.703.

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

Sec. 1   RCW 9.94A.505 and 2010 c 224 s 4 are each amended to read as follows:
     (1) When a person is convicted of a felony, the court shall impose punishment as provided in this chapter.
     (2)(a) The court shall impose a sentence as provided in the following sections and as applicable in the case:
     (i) Unless another term of confinement applies, a sentence within the standard sentence range established in RCW 9.94A.510 or 9.94A.517;
     (ii) RCW 9.94A.701 and 9.94A.702, relating to community custody;
     (iii) RCW 9.94A.570, relating to persistent offenders;
     (iv) RCW 9.94A.540, relating to mandatory minimum terms;
     (v) RCW 9.94A.650, relating to the first-time offender waiver;
     (vi) RCW 9.94A.660, relating to the drug offender sentencing alternative;
     (vii) RCW 9.94A.670, relating to the special sex offender sentencing alternative;
     (viii) RCW 9.94A.655, relating to the parenting sentencing alternative;
     (ix) RCW 9.94A.507, relating to certain sex offenses;
     (x) RCW 9.94A.535, relating to exceptional sentences;
     (xi) RCW 9.94A.589, relating to consecutive and concurrent sentences;
     (xii) RCW 9.94A.603, relating to felony driving while under the influence of intoxicating liquor or any drug and felony physical control of a vehicle while under the influence of intoxicating liquor or any drug.
     (b) If a standard sentence range has not been established for the offender's crime, the court shall impose a determinate sentence which may include not more than one year of confinement; community restitution work; a term of community custody under RCW 9.94A.702 not to exceed one year; and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement and a community custody term under RCW 9.94A.701 if the court finds reasons justifying an exceptional sentence as provided in RCW 9.94A.535.
     (3) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.
     (4) If a sentence imposed includes payment of a legal financial obligation, it shall be imposed as provided in RCW 9.94A.750, 9.94A.753, 9.94A.760, and 43.43.7541.
     (5) Except as provided under RCW 9.94A.750(4) and 9.94A.753(4), a court may not impose a sentence providing for a term of confinement or community custody that exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.
     (6) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.
     (7) The court shall order restitution as provided in RCW 9.94A.750 and 9.94A.753.
     (8) As a part of any sentence, the court may impose and enforce crime-related prohibitions and affirmative conditions as provided in this chapter. "Crime-related prohibitions" may include a prohibition on the use or possession of alcohol, cannabis products, or controlled substances if the court finds that any chemical dependency or substance abuse contributed to the offense.
     (9) In any sentence of partial confinement, the court may require the offender to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.

Sec. 2   RCW 9.94A.607 and 1999 c 197 s 2 are each amended to read as follows:
     (1) Where the court finds that the offender has ((a)) any chemical dependency that has contributed to his or her offense, the court may, as a condition of the sentence and subject to available resources, order the offender to participate in rehabilitative programs or otherwise to perform affirmative conduct reasonably related to the circumstances of the crime for which the offender has been convicted and reasonably necessary or beneficial to the offender and the community in rehabilitating the offender. A rehabilitative program may include a directive that the offender obtain an evaluation as to the need for chemical dependency treatment related to the use of alcohol, cannabis products, or controlled substances, regardless of the particular substance that contributed to the commission of the offense. The court may also impose a prohibition on the use or possession of alcohol, cannabis products, or controlled substances regardless of whether a chemical dependency evaluation is ordered.
     (2) This section applies to sentences which include any term other than, or in addition to, a term of total confinement, including suspended sentences.

Sec. 3   RCW 9.94A.703 and 2009 c 214 s 3 and 2009 c 28 s 11 are each reenacted and amended to read as follows:
     When a court sentences a person to a term of community custody, the court shall impose conditions of community custody as provided in this section.
     (1) Mandatory conditions. As part of any term of community custody, the court shall:
     (a) Require the offender to inform the department of court-ordered treatment upon request by the department;
     (b) Require the offender to comply with any conditions imposed by the department under RCW 9.94A.704;
     (c) If the offender was sentenced under RCW 9.94A.507 for an offense listed in RCW 9.94A.507(1)(a), and the victim of the offense was under eighteen years of age at the time of the offense, prohibit the offender from residing in a community protection zone;
     (d) If the offender was sentenced under RCW 9A.36.120, prohibit the offender from serving in any paid or volunteer capacity where he or she has control or supervision of minors under the age of thirteen.
     (2) Waivable conditions. Unless waived by the court, as part of any term of community custody, the court shall order an offender to:
     (a) Report to and be available for contact with the assigned community corrections officer as directed;
     (b) Work at department-approved education, employment, or community restitution, or any combination thereof;
     (c) Refrain from possessing or consuming controlled substances except pursuant to lawfully issued prescriptions;
     (d) Pay supervision fees as determined by the department; and
     (e) Obtain prior approval of the department for the offender's residence location and living arrangements.
     (3) Discretionary conditions. As part of any term of community custody, the court may order an offender to:
     (a) Remain within, or outside of, a specified geographical boundary;
     (b) Refrain from direct or indirect contact with the victim of the crime or a specified class of individuals;
     (c) Participate in crime-related treatment or counseling services;
     (d) Participate in rehabilitative programs or otherwise perform affirmative conduct reasonably related to the circumstances of the offense, the offender's risk of reoffending, or the safety of the community;
     (e) Refrain from possessing or consuming alcohol or cannabis products; or
     (f) Comply with any crime-related prohibitions.
     (4) Special conditions.
     (a) In sentencing an offender convicted of a crime of domestic violence, as defined in RCW 10.99.020, if the offender has a minor child, or if the victim of the offense for which the offender was convicted has a minor child, the court may order the offender to participate in a domestic violence perpetrator program approved under RCW 26.50.150.
     (b)(i) In sentencing an offender convicted of an alcohol or drug-related traffic offense, the court shall require the offender to complete a diagnostic evaluation by an alcohol or drug dependency agency approved by the department of social and health services or a qualified probation department, defined under RCW 46.61.516, that has been approved by the department of social and health services. If the offense was pursuant to chapter 46.61 RCW, the report shall be forwarded to the department of licensing. If the offender is found to have an alcohol or drug problem that requires treatment, the offender shall complete treatment in a program approved by the department of social and health services under chapter 70.96A RCW. If the offender is found not to have an alcohol or drug problem that requires treatment, the offender shall complete a course in an information school approved by the department of social and health services under chapter 70.96A RCW. The offender shall pay all costs for any evaluation, education, or treatment required by this section, unless the offender is eligible for an existing program offered or approved by the department of social and health services.
     (ii) For purposes of this section, "alcohol or drug-related traffic offense" means the following: Driving while under the influence as defined by RCW 46.61.502, actual physical control while under the influence as defined by RCW 46.61.504, vehicular homicide as defined by RCW 46.61.520(1)(a), vehicular assault as defined by RCW 46.61.522(1)(b), homicide by watercraft as defined by RCW 79A.60.050, or assault by watercraft as defined by RCW 79A.60.060.
     (iii) This subsection (4)(b) does not require the department of social and health services to add new treatment or assessment facilities nor affect its use of existing programs and facilities authorized by law.