ENGROSSED HOUSE BILL NO. 1342



                                                                            C 214 L 89



State of Washington                               51st Legislature                              1989 Regular Session


By Representatives Dellwo, Locke, Crane, Wineberry, Moyer, Padden, Belcher, H. Myers, Day, Winsley, Rector and Sprenkle; by request of Department of Corrections



Read first time 1/20/89 and referred to Committee on Judiciary.



AN ACT Relating to post sentence petitions; and amending RCW 9.94A.210 and 9.94A.260.




        Sec. 1.  Section 21, chapter 137, Laws of 1981 as last amended by section 13, chapter 209, Laws of 1984 and RCW 9.94A.210 are each amended to read as follows:

          (1) A sentence within the standard range for the offense shall not be appealed.  For purposes of this section, a sentence imposed on a first offender under RCW 9.94A.120(5) shall also be deemed to be within the standard range for the offense and shall not be appealed.

          (2) A sentence outside the sentence range for the offense is subject to appeal by the defendant or the state.  The appeal shall be to the court of appeals in accordance with rules adopted by the supreme court.

          (3) Pending review of the sentence, the sentencing court or the court of appeals may order the defendant confined or placed on conditional release, including bond.

          (4) To reverse a sentence which is outside the sentence range, the reviewing court must find:  (a) Either that the reasons supplied by the sentencing judge are not supported by the record which was before the judge or that those reasons do not justify a sentence outside the standard range for that offense; or (b) that the sentence imposed was clearly excessive or clearly too lenient.

          (5) A review under this section shall be made solely upon the record that was before the sentencing court.  Written briefs shall not be required and the review and decision shall be made in an expedited manner according to rules adopted by the supreme court.

          (6) The court of appeals shall issue a written opinion in support of its decision whenever the judgment of the sentencing court is reversed and may issue written opinions in any other case where the court believes that a written opinion would provide guidance to sentencing judges and others in implementing this chapter and in developing a common law of sentencing within the state.

          (7) The department may petition for a review of a sentence committing an offender to the custody or jurisdiction of the department.  The review shall be limited to errors of law.  Such petition shall be filed with the court of appeals no later than ninety days after the department has actual knowledge of terms of the sentence.  The petition shall include a certification by the department that all reasonable efforts to resolve the dispute at the superior court level have been exhausted.


        Sec. 2.  Section 26, chapter 137, Laws of 1981 and RCW 9.94A.260 are each amended to read as follows:

          The clemency and pardons board shall receive petitions from individuals, organizations, and the department for review and commutation of sentences and pardoning of offenders in extraordinary cases, and shall make recommendations thereon to the governor.

          The board shall receive petitions from individuals or organizations for the restoration of civil rights lost by operation of state law as a result of convictions for federal offenses or out-of-state felonies.  The board may issue certificates of restoration limited to the elective rights to vote and to engage in political office.  Any certifications granted by the board must be filed with the secretary of state to be effective.  In all other cases, the board shall make recommendations to the governor.

                                                                                                                      Passed the House February 27, 1989.


                                                                                                                                         Speaker of the House.


                                                                                                                           Passed the Senate April 13, 1989.


                                                                                                                                       President of the Senate.