Strike everything after the enacting clause and insert the following:
"Sec. 1. A new section is added to chapter 9.94A RCW to read as follows:
(1) Notwithstanding the provisions of RCW 9.94A.701 and 9.94A.702 and subject to the provisions of this section, a court may sentence an offender to community custody for a period of six to twelve months when the midpoint of the standard sentence range is greater than one year and the person is being sentenced for one of the following crimes:
(a) Theft of a motor vehicle (RCW 9A.56.065);
(b) Possession of a stolen vehicle (RCW 9A.56.068);
(c) Taking a motor vehicle without permission in the first degree (RCW 9A.56.070);
(d) Taking a motor vehicle without permission in the second degree (RCW 9A.56.075); or
(e) Attempt of (a) or (b) of this subsection.
(2) The department shall conduct an assessment of the offender and identify programming and services that would be appropriate to address the offender's needs. To the extent possible, the department shall make available the programming identified by the assessment while the offender is on community custody.
(3) For purposes of this section, the offender's sentence of incarceration may not exceed the mid-point of the standard sentence range reduced by one-half of the ordered term of community custody.
(4) An offender receiving a sentence under this section is not eligible for earned release time under RCW 9.94A.729 in excess of one-third of the total sentence.
(5) No later than November 1, 2025, the department shall submit a report to the governor and the appropriate committees of the legislature analyzing the effectiveness of supervision in reducing recidivism among offenders committing felonies relating to the theft or taking of a motor vehicle. The department shall consult with the Washington state institute for public policy in guiding its data tracking efforts and preparing the report.
(6) This section expires June 30, 2026.
Sec. 2. RCW 9.94A.501 and 2016 sp.s. c 28 s 1 are each amended to read as follows:Department must supervise specified offenders—Risk assessment of felony offenders.
(1) The department shall supervise the following offenders who are sentenced to probation in superior court, pursuant to RCW 9.92.060, 9.95.204, or 9.95.210:
(a) Offenders convicted of:
(i) Sexual misconduct with a minor second degree;
(ii) Custodial sexual misconduct second degree;
(iii) Communication with a minor for immoral purposes; and
(iv) Violation of RCW 9A.44.132(2) (failure to register); and
(b) Offenders who have:
(i) A current conviction for a repetitive domestic violence offense where domestic violence has been pleaded and proven after August 1, 2011; and
(ii) A prior conviction for a repetitive domestic violence offense or domestic violence felony offense where domestic violence has been pleaded and proven after August 1, 2011.
(2) Misdemeanor and gross misdemeanor offenders supervised by the department pursuant to this section shall be placed on community custody.
(3) The department shall supervise every felony offender sentenced to community custody pursuant to RCW 9.94A.701 or 9.94A.702 whose risk assessment classifies the offender as one who is at a high risk to reoffend.
(4) Notwithstanding any other provision of this section, the department shall supervise an offender sentenced to community custody regardless of risk classification if the offender:
(a) Has a current conviction for a sex offense or a serious violent offense and was sentenced to a term of community custody pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507;
(b) Has been identified by the department as a dangerous mentally ill offender pursuant to RCW 72.09.370;
(c) Has an indeterminate sentence and is subject to parole pursuant to RCW 9.95.017;
(d) Has a current conviction for violating RCW 9A.44.132(1) (failure to register) and was sentenced to a term of community custody pursuant to RCW 9.94A.701;
(e)(i) Has a current conviction for a domestic violence felony offense where domestic violence has been pleaded and proven after August 1, 2011, and a prior conviction for a repetitive domestic violence offense or domestic violence felony offense where domestic violence was pleaded and proven after August 1, 2011. This subsection (4)(e)(i) applies only to offenses committed prior to July 24, 2015;
(ii) Has a current conviction for a domestic violence felony offense where domestic violence was pleaded and proven. The state and its officers, agents, and employees shall not be held criminally or civilly liable for its supervision of an offender under this subsection (4)(e)(ii) unless the state and its officers, agents, and employees acted with gross negligence;
(f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, or 9.94A.670, or section 1 of this act;
(g) Is subject to supervision pursuant to RCW 9.94A.745; or
(h) Was convicted and sentenced under RCW 46.61.520 (vehicular homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) (felony DUI), or RCW 46.61.504(6) (felony physical control).
(5) The department shall supervise any offender who is released by the indeterminate sentence review board and who was sentenced to community custody or subject to community custody under the terms of release.
(6) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody or any probationer unless the offender or probationer is one for whom supervision is required under this section or RCW 9.94A.5011.
(7) The department shall conduct a risk assessment for every felony offender sentenced to a term of community custody who may be subject to supervision under this section or RCW 9.94A.5011.
(8) The period of time the department is authorized to supervise an offender under this section may not exceed the duration of community custody specified under RCW 9.94B.050, 9.94A.701 (1) through (8), or 9.94A.702, except in cases where the court has imposed an exceptional term of community custody under RCW 9.94A.535.
2016 sp.s. c 28 § 1. Prior: 2015 c 290 § 1; 2015 c 134 § 1; 2013 2nd sp.s. c 35 § 15; 2011 1st sp.s. c 40 § 2; prior: 2010 c 267 § 10; 2010 c 224 § 3; 2009 c 376 § 2; (2009 c 376 § 1 expired August 1, 2009); 2009 c 375 § 2; (2009 c 375 § 1 expired August 1, 2009); 2008 c 231 § 24; 2005 c 362 § 1; 2003 c 379 § 3.
*Reviser's note: RCW 9.94A.5011 expired August 1, 2014.
Effective date—2015 c 134: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 29, 2015]." [2015 c 134 § 9.]
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: "(1) Except as otherwise provided in this section, the provisions of this act apply to persons convicted before, on, or after June 15, 2011.(2) By January 1, 2012, consistent with RCW 9.94A.171, 9.94A.501, and section 3 of this act, the department of corrections shall recalculate the term of community custody for offenders 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.(3) 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." [2011 1st sp.s. c 40 § 42.]
Effective date—2011 1st sp.s. c 40 §§ 1-9 and 42: "Sections 1 through 9 and 42 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [June 15, 2011]." [2011 1st sp.s. c 40 § 44.]
Application—2010 c 267: See note following RCW 9A.44.128.
Expiration date—2009 c 376 § 1: "Section 1 of this act expires August 1, 2009." [2009 c 376 § 4.]
Expiration date—2009 c 375 §§ 1, 3, and 13: "Sections 1, 3, and 13 of this act expire August 1, 2009." [2009 c 375 § 19.]
Application—2009 c 375: "This act applies retroactively and prospectively regardless of whether the offender is currently on community custody or probation with the department, currently incarcerated with a term of community custody or probation with the department, or sentenced after July 26, 2009." [2009 c 375 § 20.]
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2005 c 362: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 2005]." [2005 c 362 § 5.]
Severability—Effective dates—2003 c 379: See notes following RCW 9.94A.728.
Conditions of probation: RCW 9.95.210.
Misdemeanant probation services—County supervision: RCW 9.95.204.
Suspending sentences: RCW 9.92.060.
Sec. 3. RCW 9.94A.505 and 2015 c 287 s 10 and 2015 c 81 s 1 are each reenacted and amended to read as follows:Sentences.
(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;
(xiii) Section 1 of this act, relating to the theft or taking of a motor vehicle.
(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 sentencing court shall not give the offender credit for any time the offender was required to comply with an electronic monitoring program prior to sentencing if the offender was convicted of one of the following offenses:
(a) A violent offense;
(b) Any sex offense;
(c) Any drug offense;
(d) Reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050;
(e) Assault in the third degree as defined in RCW 9A.36.031;
(f) Assault of a child in the third degree;
(g) Unlawful imprisonment as defined in RCW 9A.40.040; or
(h) Harassment as defined in RCW 9A.46.020.
(8) The court shall order restitution as provided in RCW 9.94A.750 and 9.94A.753.
(9) 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 or controlled substances if the court finds that any chemical dependency or substance abuse contributed to the offense.
(10) 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."
2015 c 287 § 10; 2015 c 81 § 1; 2010 c 224 § 4; 2009 c 389 § 1; 2009 c 28 § 6; 2008 c 231 § 25; 2006 c 73 § 6. Prior: 2002 c 290 § 17; 2002 c 289 § 6; 2002 c 175 § 6; 2001 2nd sp.s. c 12 § 312; 2001 c 10 § 2; prior: 2000 c 226 § 2; 2000 c 43 § 1; 2000 c 28 § 5; prior: 1999 c 324 § 2; 1999 c 197 § 4; 1999 c 196 § 5; 1999 c 147 § 3; 1998 c 260 § 3; prior: 1997 c 340 § 2; 1997 c 338 § 4; 1997 c 144 § 2; 1997 c 121 § 2; 1997 c 69 § 1; prior: 1996 c 275 § 2; 1996 c 215 § 5; 1996 c 199 § 1; 1996 c 93 § 1; 1995 c 108 § 3; prior: 1994 c 1 § 2 (Initiative Measure No. 593, approved November 2, 1993); 1993 c 31 § 3; prior: 1992 c 145 § 7; 1992 c 75 § 2; 1992 c 45 § 5; prior: 1991 c 221 § 2; 1991 c 181 § 3; 1991 c 104 § 3; 1990 c 3 § 705; 1989 c 252 § 4; prior: 1988 c 154 § 3; 1988 c 153 § 2; 1988 c 143 § 21; prior: 1987 c 456 § 2; 1987 c 402 § 1; prior: 1986 c 301 § 4; 1986 c 301 § 3; 1986 c 257 § 20; 1984 c 209 § 6; 1983 c 163 § 2; 1982 c 192 § 4; 1981 c 137 § 12. Formerly RCW 9.94A.120.
Reviser's note: This section was amended by 2015 c 81 § 1 and by 2015 c 287 § 10, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2009 c 389 §§ 1 and 3-5: "Sections 1 and 3 through 5 of this act take effect August 1, 2009." [2009 c 389 § 8.]
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2006 c 73: See note following RCW 46.61.502.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Severability—Effective date—2002 c 289: See notes following RCW 43.43.753.
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following RCW 9.94A.030.
Intent—2001 c 10: "It is the intent of the legislature to incorporate into the reorganization of chapter 9.94A RCW adopted by chapter 28, Laws of 2000 amendments adopted to RCW 9.94A.120 during the 2000 legislative session that did not take cognizance of the reorganization. In addition, it is the intent of the legislature to correct any additional incorrect cross-references and to simplify the codification of provisions within chapter 9.94A RCW.The legislature does not intend to make, and no provision of this act may be construed as making, a substantive change in the sentencing reform act." [2001 c 10 § 1.]
Effective date—2001 c 10: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [2001 c 10 § 7.]
Finding—Intent—2000 c 226: "The legislature finds that supervision of offenders in the community and an offender's payment of restitution enhances public safety, improves offender accountability, is an important component of providing justice to victims, and strengthens the community. The legislature intends that all terms and conditions of an offender's supervision in the community, including the length of supervision and payment of legal financial obligations, not be curtailed by an offender's absence from supervision for any reason including confinement in any correctional institution. The legislature, through this act, revises the results of In re Sappenfield, 980 P.2d 1271 (1999) and declares that an offender's absence from supervision or subsequent incarceration acts to toll the jurisdiction of the court or department over an offender for the purpose of enforcing legal financial obligations." [2000 c 226 § 1.]
Severability—2000 c 226: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2000 c 226 § 6.]
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
Drug offender options—Report: "The Washington state institute for public policy, in consultation with the sentencing guidelines commission shall evaluate the impact of implementing the drug offender options provided for in RCW 9.94A.120(6). The commission shall submit a final report to the legislature by December 1, 2004. The report shall describe the changes in sentencing practices related to the use of punishment options for drug offenders and include the impact of sentencing alternatives on state prison populations, the savings in state resources, the effectiveness of drug treatment services, and the impact on recidivism rates." [1999 c 197 § 12.]
Severability—1999 c 197: See note following RCW 9.94A.030.
Construction—Short title—1999 c 196: See RCW 72.09.904 and 72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Intent—1998 c 260: See note following RCW 9.94A.500.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—1996 c 275: "The legislature finds that improving the supervision of convicted sex offenders in the community upon release from incarceration is a substantial public policy goal, in that effective supervision accomplishes many purposes including protecting the community, supporting crime victims, assisting offenders to change, and providing important information to decision makers." [1996 c 275 § 1.]
Application—1996 c 275 §§ 1-5: "Sections 1 through 5, chapter 275, Laws of 1996 apply to crimes committed on or after June 6, 1996." [1996 c 275 § 14.]
Severability—1996 c 199: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1996 c 199 § 9.]
Effective date—1995 c 108: See note following RCW 9.94A.030.
Severability—Short title—Captions—1994 c 1: See notes following RCW 9.94A.555.
Severability—Application—1992 c 45: See notes following RCW 9.94A.840.
Index, part headings not law—Severability—Effective dates—Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
Effective date—Application of increased sanctions—1988 c 153: See notes following RCW 9.94A.030.
Applicability—1988 c 143 §§ 21-24: "Increased sanctions authorized by sections 21 through 24 of this act are applicable only to those persons committing offenses after March 21, 1988." [1988 c 143 § 25.]
Effective date—1987 c 402: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [1987 c 402 § 3.]
Effective date—1986 c 301 § 4: "Section 4 of this act shall take effect July 1, 1987." [1986 c 301 § 8.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1983 c 163: "Sections 1 through 5 of this act shall take effect on July 1, 1984." [1983 c 163 § 7.]
Effective date—1981 c 137: See RCW 9.94A.905.