H-825                _______________________________________________

                                                   HOUSE BILL NO. 2004

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Van Luven, P. King, Brough, Appelwick, Scott, Schmidt, Miller, Winsley, Sayan, Patrick and Bowman

Read first time 2/15/89 and referred to Committee on Judiciary.

AN ACT Relating to treatment for inmate substance abusers; reenacting and amending RCW 9.94A.150; adding a new section to chapter 9.94A RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature is concerned about the disproportionate amount of crime committed by drug-abusing offenders, and it recognizes that offender drug abuse is an indicator of high-rate criminal activity.  Drug-abusing criminals tend to commit many drug and nondrug related crimes.  The legislature believes that crime in the community can be reduced by identifying the drug abusing offender and instituting effective intervention.  Therefore, in keeping with the purpose of the sentencing reform act of 1981, "to protect the public," provision needs to be made for treatment of offenders and encouragement to offenders to participate in such programs.

NEW SECTION. Sec. 2.  A new section is added to chapter 9.94A RCW to read as follows:

          The department shall, at the time of classification, assess all felons, except those felons convicted of a sex offense, for drug abuse and make recommendations for treatment, rehabilitation, and education.  The department shall provide drug hazards familiarization education for each inmate to complete before his or her release.

        Sec. 3.  Section 15, chapter 137, Laws of 1981 as last amended by section 1, chapter 3, Laws of 1988 and by section 3, chapter 153, Laws of 1988 and RCW 9.94A.150 are each reenacted and amended to read as follows:

          No person serving a sentence imposed pursuant to this chapter shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:

          (1) Except for persons convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW, the terms of the sentence may be reduced by earned early release time in accordance with procedures developed and promulgated by the department.  The earned early release time shall be for good behavior, satisfactory completion of a court or department-recommended drug rehabilitation program, and good performance, as determined by the department.  In no case shall the aggregate earned early release time exceed one-third of the sentence.  Persons convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW may become eligible for community custody in lieu of earned early release time in accordance with the program developed  by the department;

          (2) When a person convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW is eligible for transfer to community custody status in lieu of earned early release time pursuant to subsection (1) of this section, as computed by the department of corrections, the offender shall be transferred to community custody.

          (3) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence.  In addition, offenders may leave a correctional facility when in the custody of a corrections officer or officers;

           (4) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;

           (5) No more than the final six months of the sentence may be served in partial confinement designed to aid the offender in finding work and reestablishing him or herself in the community;

           (6) The governor may pardon any offender;

           (7) The department of corrections may release an offender from confinement any time within ten days before a release date calculated under this section; and

           (8) An offender may leave a correctional facility prior to completion of his sentence if the sentence has been reduced as provided in RCW 9.94A.160.