AN ACT Relating to work training release; reenacting and amending RCW 9.94A.150; and adding a new section to chapter 9.94A RCW.

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

Sec. 1. 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 under section 2 of this act and 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 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)~~)) (6) 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)~~)) (7) 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.

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

(1) If the sentence of confinement is in excess of twelve months but not in excess of three years, no more than the final three 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. If the sentence of confinement is in excess of three years, no more than the final six months of the sentence may be served in such partial confinement.

(2) If a person's offender score is from one to three, the person's participation in the work release program is reduced by two months. If the offender score is from four to six, the person's participation in work release is reduced by four months. A person with an offender score greater than six is ineligible for work release.

(3) The department shall adopt a policy to encourage businesses employing work release inmates to contact the appropriate work release facility whenever an inmate is absent from his or her work schedule.

(4) The department, in conjunction with cities, counties, and the department of community development, shall develop a siting policy for the establishment of additional work release facilities. The department shall notify the ten businesses or residences located closest to any planned work release facility within two weeks of selection of the site.

(5) The department shall establish a case management procedure to evaluate and determine those inmates on work release who are in need of treatment. The department shall make in writing a treatment program best suited to the inmate's needs, the type of program to be followed, and the length of such treatment, which shall include but not be limited to anger management, substance abuse, and sexual deviancy.

(6) By June 1 of each year, the department shall submit to the senate law and justice committee and the house of representatives judiciary committee a statistical report detailing the status of the work release program for the previous year. The information shall include, but not be limited to, the number of inmates participating in work release, the criminal history of each inmate, the length of each inmate's term of work release, those inmates returned to prison because of infractions, and those inmates who successfully completed the work release program.