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EIGHTEENTH DAY

MORNING SESSION

House Chamber, Olympia, Thursday, January 27, 2000

The House was called to order at 10:00 a.m. by Speaker Ballard. The Clerk called the roll and a quorum was present.

The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Joanna Repsold and Andrew Bates. Prayer was offered by Reverend Douglas Dornhecker, First Christian Church, Disciples of Christ, Olympia.

Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

MESSAGE FROM THE SENATE

April 7, 1999

Mr. Speaker:

The Senate has passed:

SUBSTITUTE SENATE BILL NO. 5932,

SECOND SUBSTITUTE SENATE BILL NO. 6199,

and the same are herewith transmitted.

Brad J. Hendrickson, Deputy Secretary

INTRODUCTIONS AND FIRST READING

HB 2821 by Representatives Clements and Skinner

AN ACT Relating to reducing the state property tax; amending RCW 43.135.045, 84.52.043, and 84.52.065; adding a new section to chapter 84.55 RCW; and providing an expiration date.

Held on first reading from January 21, 2000.

HB 2827 by Representatives Fisher, Romero, Edwards, O'Brien, Murray, Ogden, McIntire, Haigh, Veloria and Wood; by request of Governor Locke

AN ACT Relating to authorizing a local option sales and use tax for transit under chapters 35.58, 36.57, and 36.57A RCW for fiscal year 2001; adding a new section to chapter 82.14 RCW; creating a new section; and providing an effective date.

Held on first reading from January 21, 2000.

HB 2936 by Representative Cairnes and Fortunato

AN ACT Relating to allowing voters of a regional transportation authority to reaffirm their prior vote to approve taxes to finance regional transit.

Held on first reading from January 24, 2000.

HB 2964 by Representatives H. Sommers, Fisher, Radcliff, D. Schmidt, Cooper, McIntire, Kessler, Murray, Kagi, Constantine, Kenney, Edmonds, Cody, Dickerson, Edwards, Scott, Regala, Tokuda, Keiser, O'Brien, Haigh and Veloria

AN ACT Relating to a sales and use tax for regional transit authorities; adding a new section to chapter 82.14 RCW; creating a new section; and providing an expiration date.

Referred to Committee on Appropriations.

HB 2980 by Representatives Lovick, Radcliff, Dunshee, D. Schmidt, Thomas, Scott, Edwards, O'Brien, Wolfe and Kagi

AN ACT Relating to tax exemptions for public transportation systems; adding a new section to chapter 82.04 RCW; and adding a new section to chapter 82.16 RCW.

Referred to Committee on Appropriations.

HB 2991 by Representatives Dunshee, McIntire, Stensen, Regala, Rockefeller, Keiser, Kenney, O'Brien and Veloria

AN ACT Relating to sales and use taxes to support state parks; amending RCW 82.08.020; adding a new section to chapter 43.135 RCW; providing an effective date; and providing for submission of this act to vote of the people.

Referred to Committee on Appropriations.

HB 3051 by Representatives Fisher, Haigh, Wood, Ogden, Edwards, Rockefeller and McIntire

AN ACT Relating to local transportation funding; amending RCW 82.80.020, 82.80.080, 84.52.010, 84.52.120, 82.36.440, 82.38.280, 35.21.710, 82.80.010, 82.80.030, and 82.14.045; adding new sections to chapter 82.80 RCW; adding a new section to chapter 35.21 RCW; adding a new chapter to Title 35 RCW; creating a new section; and providing an effective date.

Held on first reading from January 26, 2000.

HB 3069 by Representatives Cox, D. Schmidt, Wensman and Santos

AN ACT Relating to extending the time for determining whether a school accountability and academic assessment system is in place; amending 1993 c 336 s 1202 (uncodified); amending 1995 c 77 s 32 (uncodified); amending 1993 c 371 s 5 (uncodified); amending 1997 c 13 s 15 (uncodified); amending 1995 c 77 s 33 (uncodified); amending 1994 c 245 s 11 (uncodified); providing contingent effective dates; and providing contingent expiration dates.

Referred to Committee on Education.

HB 3070 by Representatives Reardon and Scott

AN ACT Relating to sales and use tax exemptions for manufacturing machinery and equipment; and amending RCW 82.08.02565.

Referred to Committee on Finance.

HB 3071 by Representative D. Schmidt

AN ACT Relating to making community service a graduation requirement in Washington state schools; adding new sections to chapter 28A.150 RCW; creating new sections; and providing an effective date.

Referred to Committee on Education.

HB 3072 by Representatives Kessler, Mulliken, Cairnes, Dunshee, G. Chandler, McDonald and Delvin

AN ACT Relating to municipal tax fairness; amending RCW 35.21.860; adding a new section to chapter 35.21 RCW; adding a new chapter to Title 35 RCW; creating a new section; recodifying RCW 35.21.717, 35.21.718, 35.21.840, and 35.21.845; and repealing RCW 35.21.706, 35.21.710, 35.21.711, 35.21.712, 35.21.714, 35.21.715, 35.21.850, 35.21.865, 35.21.870, and 35.21.871.

Referred to Committee on Finance.

HB 3073 by Representatives Linville, Ericksen, Morris, Quall and Barlean

AN ACT Relating to Lake Whatcom; and creating a new section.

Referred to Committee on Natural Resources.

HB 3074 by Representatives Fisher, Edwards, Cooper, Radcliff, Murray, Mitchell, O'Brien and McIntire

AN ACT Relating to local transportation taxes; and amending RCW 82.14.045.

Referred to Committee on Transportation.

HB 3075 by Representative Sullivan

AN ACT Relating to mandatory automobile liability insurance; amending RCW 46.30.020; and adding a new section to chapter 46.30 RCW.

Referred to Committee on Financial Institutions & Insurance.

HB 3076 by Representatives G. Chandler, Fisher, Mitchell, Cooper, Hankins, Skinner, Ericksen, McDonald, Radcliff, Mulliken and Pflug

AN ACT Relating to a transportation certification program; creating a new section; and providing an expiration date.

Referred to Committee on Transportation.

HB 3077 by Representatives Conway, Clements, Thomas, Wensman, Reardon, Radcliff, Cairnes, Morris, Constantine, Stensen, Wood, Schual-Berke, Cooper, Anderson, Santos, Lovick, Kenney, Regala, Keiser, Rockefeller, Dunn, Mulliken, Carlson, O'Brien, Gombosky, Grant, Eickmeyer, Kessler, Edwards, Edmonds, Miloscia, Fisher, Linville, Koster, Ballasiotes, Pflug, D. Sommers, Campbell, D. Schmidt, Murray, Hatfield, Ogden, Hurst, Dunshee, Haigh, Tokuda, Woods, Barlean, G. Chandler, Fortunato, Boldt, Mielke, McDonald, Cody, Veloria, Scott, McIntire, Esser, Alexander, Bush, Sullivan, Lantz, Ericksen, Talcott, Buck, Dickerson, Ruderman, Wolfe, Schoesler and Kagi

AN ACT Relating to unemployment insurance; and creating a new section.

Referred to Committee on Commerce & Labor.

HB 3078 by Representatives Schindler, Benson, Crouse, D. Sommers, Wood, Wensman and Barlean

AN ACT Relating to railroad rights of way in the Spokane Valley; creating a new section; and providing an expiration date.

Referred to Committee on Transportation.

HB 3079 by Representatives D. Schmidt, Edwards, Scott, Radcliff, Lovick and O'Brien

AN ACT Relating to a sales and use tax exemption for transportation agencies; adding a new section to chapter 82.08 RCW; and adding a new section to chapter 82.12 RCW.

Referred to Committee on Appropriations.

HB 3080 by Representatives Fisher, Cairnes, Murray, Esser, Constantine, O'Brien, Tokuda, Veloria and McIntire

AN ACT Relating to alternative financing mechanisms for regional transit authorities; adding new sections to chapter 81.112 RCW; and creating a new section.

Referred to Committee on Transportation.

HB 3081 by Representatives Linville, Stensen, Anderson, Santos, Lovick, Kenney, Keiser, Rockefeller, Ogden and Lantz

AN ACT Relating to inactivation of cultures requiring biosafety level 3 or 4 practices; amending RCW 70.95K.010; adding a new section to chapter 70.95

Referred to Committee on Agriculture & Ecology.

HB 3082 by Representatives Ruderman and Pennington

AN ACT Relating to air pollution control; adding a new section to chapter 46.16 RCW; adding a new section to chapter 46.61 RCW; adding a new section to chapter 70.120 RCW; creating a new section; and prescribing penalties.

Referred to Committee on Transportation.

HB 3083 by Representatives Pflug, Parlette, Barlean, G. Chandler, Thomas, Mulliken and Fortunato

AN ACT Relating to moneys from the tobacco settlement; amending RCW 43.79.480; reenacting and amending RCW 43.84.092, 43.84.092, and 43.84.092; providing effective dates; and providing an expiration date.

Referred to Committee on Appropriations.

HJM 4027 by Representatives Schoesler, G. Chandler, Grant, McMorris, B. Chandler, Delvin and Talcott

Requesting a sharing of data concerning and allowing the use of similar pesticide in both the United States and Canada.

Referred to Committee on Agriculture & Ecology.

SSB 5932 by Senate Committee on Ways & Means (originally sponsored by Senators Loveland, Bauer, Rossi, West, Hale and Rasmussen)

Changing provisions relating to bond debt service payments from the community and technical college capital projects account.

Referred to Committee on Capital Budget.

2SSB 6199 by Senate Committee on Ways & Means (originally sponsored by Senators Wojahn, Winsley, Thibaudeau, Snyder, Goings, Kohl-Welles, Jacobsen, Fraser, Prentice, Costa, Rasmussen, Bauer, Spanel, McAuliffe, Gardner, Franklin and Kline)

Adopting a patient bill of rights.

Referred to Committee on Health Care.

There being no objection, the bills and memorial listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.

REPORTS OF STANDING COMMITTEES

January 25, 2000

HB 1070 Prime Sponsor, Representative Romero: Authorizing the general contractor/construction manager contracting procedure for school district capital projects. Reported by Committee on State Government

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Campbell, Republican Vice Chair; Miloscia, Democratic Vice Chair; Dunshee; Haigh; Lambert and D. Schmidt.

Voting yea: Representatives McMorris, Romero, Campbell, Miloscia, Dunshee, Haigh and Lambert, Schmidt.

January 25, 2000

HB 2322 Prime Sponsor, Representative Esser: Amending the partnership and limited liability company acts. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass as amended.

On page 5, line 32 after "have" strike "not"

Signed by Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Cox; Dickerson; Esser; Kastama; Lantz; Lovick; McDonald and Schindler.

Voting yea: Representatives Carrell, Constantine, Hurst, Lambert, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald and Schindler.

January 25, 2000

HB 2328 Prime Sponsor, Representative Lantz: Decreasing filing fees for petition for unlawful harassment. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Cox; Dickerson; Esser; Kastama; Lantz; Lovick; McDonald and Schindler.

Voting yea: Representatives Carrell, Constantine, Hurst, Lambert, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald and Schindler.

January 25, 2000

HB 2329 Prime Sponsor, Representative McDonald: Changing descriptions in judgments involving real property. Reported by Committee on Judiciary

Voting yea: Representatives Carrell, Constantine, Hurst, Lambert, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald and Schindler.

January 25, 2000

HB 2398 Prime Sponsor, Representative Constantine: Making technical corrections to tax statutes. Reported by Committee on Judiciary

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Cox; Dickerson; Esser; Kastama; Lantz; Lovick; McDonald and Schindler.

Voting yea: Representatives Carrell, Constantine, Hurst, Lambert, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald and Schindler.

January 25, 2000

HB 2399 Prime Sponsor, Representative Constantine: Making technical corrections to Titles 75, 76, 77, 78, 79, and 79A RCW. Reported by Committee on Judiciary

Voting yea: Representatives Fisher, Mitchell, Cooper, Edwards, Ericksen, Hankins, Buck, G. Chandler, Fortunato, Haigh, Hatfield, Hurst, McDonald, Murray, Ogden, Pflug, Romero, Schindler, Scott, Skinner, Wood and Woods.

Voting nay: Representative Mielke.

Excused: Representative DeBolt, Lovick, Morris, Radcliff and Schual-Berke.

January 25, 2000

HB 2400 Prime Sponsor, Representative Constantine: Making technical corrections to Titles 18 and 19 RCW. Reported by Committee on Judiciary

Voting yea: Representatives Carrell, Constantine, Hurst, Lambert, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald and Schindler.

January 25, 2000

HB 2408 Prime Sponsor, Representative Veloria: Modifying financial assistance laws for minority and women's business enterprises. Reported by Committee on Economic Development, Housing & Trade

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed byRepresentatives Van Luven, Republican Co-Chair; Veloria, Democratic Co-Chair; Dunn, Republican Vice Chair; Eickmeyer, Democratic Vice Chair; Ballasiotes; Gombosky; Miloscia; Morris; Radcliff; Skinner; D. Sommers and Wolfe.

Voting yea: Representatives Carrell, Constantine, Hurst, Lambert, Cox, Dickerson, Esser, Kastama, Lantz, Lovick, McDonald and Schindler.

January 25, 2000

HB 2468 Prime Sponsor, Representative Eickmeyer: Modifying eligible and distressed area designation. Reported by Committee on Economic Development, Housing & Trade

MAJORITY recommendation: Do pass. Signed byRepresentatives Van Luven, Republican Co-Chair; Veloria, Democratic Co-Chair; Dunn, Republican Vice Chair; Eickmeyer, Democratic Vice Chair; Ballasiotes; Gombosky; Miloscia; Morris; Radcliff; Skinner; D. Sommers and Wolfe.

Voting yea: Representatives Veloria, Dunn, Eickmeyer, Ballasiotes, Gombosky, Miloscia, Morris, Radcliff, Skinner, D. Sommers and Wolfe.

January 25, 2000

HB 2532 Prime Sponsor, Representative Fisher: Allowing the department of transportation to recognize volunteer pilots. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic 1st Vice Chair; Edwards, Democratic 2nd Vice Chair; Ericksen, Republican Vice Chair; Hankins, Republican Vice Chair; Buck; G. Chandler; Fortunato; Haigh; Hatfield; Hurst; Lovick; McDonald; Morris; Murray; Ogden; Pflug; Radcliff; Romero; Schindler; Scott; Skinner; Wood and Woods.

MINORITY recommendation: Without recommendation. Signed by Representative Mielke.

Voting yea: Representatives Veloria, Dunn, Eickmeyer, Ballasiotes, Gombosky, Miloscia, Morris, Radcliff, D. Sommers.

Excused: Representatives Skinner and Wolfe.

MOTION

There being no objection, the rules were suspended and the bills listed on the day's committee reports under the fifth order of business were placed on the Second Reading calendar with the exception of House Bill No. 2408 and House Bill No. 2468 which were referred to the Committee of Finance.

RESOLUTION

HOUSE RESOLUTION NO. 2000-4728, by Representatives Ballard, Chopp, Wolfe, Romero, Anderson, Ballasiotes, Barlean, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, Clements, Cody, Constantine, Conway, Cox, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Edwards, Eickmeyer, Ericksen, Fisher, Fortunato, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kastama, Keiser, Kessler, Koster, Lambert, Lantz, Lisk, Lovick, McDonald, McMorris, Mielke, Miloscia, O'Brien, Ogden, Parlette, Pflug, Poulsen, Radcliff, Regala, Rockefeller, Ruderman, Schindler, K. Schmidt, Schoesler, Schual-Berke, Scott, Skinner, H. Sommers, Stensen, Sullivan, Sump, Thomas, Van Luven and Wensman

WHEREAS, Decent and affordable housing is a simple dream that is far from reach for many hard-working families in Washington; and

WHEREAS, Unable to obtain either conventional or government-assisted financing, some of these families pay rent - in many cases more than fifty percent of total household income - to live in overcrowded, substandard houses and apartments; and

WHEREAS, To draw attention to the need for safe, decent, affordable housing, and to showcase the power of volunteers in neighborhoods and communities across Washington, the Washington State Legislature has entered into partnership with Habitat for Humanity to build a home for a family in need; and

WHEREAS, Legislators and staff, along with their families, others in the legislative community, and Habitat partner families and volunteers, are working side-by-side with infectious enthusiasm in raising thirty-five thousand dollars and generating three thousand five hundred volunteer hours to build "The Home from the Dome"; and

WHEREAS, When complete, The Home from the Dome will be sold to a partner family, who themselves will have put in over five hundred hours of manual labor, under a no-profit, no-interest loan on a twenty or twenty-five year mortgage, and the eventual homeowner's payments will go to a revolving fund for construction of more housing for other families; and

WHEREAS, Work on The Home from the Dome - like work on any community volunteer project - unites those involved and shows that, in a world where many needs go unmet, giving of our time, talent, compassion, and energy is an expression of faith, trust, and concern;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives hereby express its gratitude to Habitat for Humanity, for its leadership, and to all the volunteers and contributors - legislators, staff, family, friends, and others - for the time, talent, compassion, and energy they have given to make a home for one more family - The Home from the Dome - a reality; and

BE IT FURTHER RESOLVED, That the House of Representatives find that, in the end, the true excitement in a project like this is not in seeing the finished wall or the completed house - but in having the opportunity to take part in such a powerful project.

Representative Romero moved adoption of the resolution.

Representatives Romero, Talcott, Wolfe, Ruderman, Benson, Alexander, Kagi, Quall and D. Sommers spoke in favor of the adoption of the resolution.

House Resolution No. 2000-4728 was adopted.

On motion of Representative Lisk, all the members' names were added to House Floor Resolution No. 4728.

There being no objection, the House advanced to the sixth order of business.

SECOND READING

MOTION

On motion of Representative Schoesler, Representatives Pennington and Skinner were excused.

HOUSE BILL NO. 2340, by Representatives O'Brien, Ballasiotes, Carlson, Hurst and Talcott; by request of Sentencing Guidelines Commission

Providing for removal of offenders from the drug offender sentencing alternative who are subject to a deportation order.

The bill was read the second time.

Representative Ballasiotes moved the adoption of the following amendment (419):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9.94A.120 and 1999 c 324 s 2, 1999 c 197 s 4, 1999 c 196 s 5, and 1999 c 147 s 3 are each reenacted and amended to read as follows:

When a person is convicted of a felony, the court shall impose punishment as provided in this section.

(1) Except as authorized in subsections (2), (4), (5), (6), and (8) of this section, the court shall impose a sentence within the sentence range for the offense.

(2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

(3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.

(4) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (((5), (7), or (8))) (6), (8), or (9), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except: (a) In the case of an offender in need of emergency medical treatment; (b) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree; or (c) for an extraordinary medical placement when authorized under RCW 9.94A.150(4).

(5)(a) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include a term of community supervision or community custody as specified in (b) of this subsection, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

(i) Devote time to a specific employment or occupation;

(ii) Undergo available outpatient treatment for up to the period specified in (b) of this subsection, or inpatient treatment not to exceed the standard range of confinement for that offense;

(iii) Pursue a prescribed, secular course of study or vocational training;

(iv) Remain within prescribed geographical boundaries and notify the community corrections officer prior to any change in the offender's address or employment;

(v) Report as directed to a community corrections officer; or

(vi) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work.

(b) The terms and statuses applicable to sentences under (a) of this subsection are:

(i) For sentences imposed on or after July 25, 1999, for crimes committed before July 1, 2000, up to one year of community supervision. If treatment is ordered, the period of community supervision may include up to the period of treatment, but shall not exceed two years; and

(ii) For crimes committed on or after July 1, 2000, up to one year of community custody unless treatment is ordered, in which case the period of community custody may include up to the period of treatment, but shall not exceed two years. Any term of community custody imposed under this subsection (5) is subject to conditions and sanctions as authorized in this subsection (5) and in subsection (11)(b) and (c) of this section.

(c) The department shall discharge from community supervision any offender sentenced under this subsection (5) before July 25, 1999, who has served at least one year of community supervision and has completed any treatment ordered by the court.

(6)(a) An offender is eligible for the special drug offender sentencing alternative if:

(i) The offender is convicted of a felony that is not a violent offense or sex offense and the violation does not involve a sentence enhancement under RCW 9.94A.310 (3) or (4);

(ii) The offender has no current or prior convictions for a sex offense or violent offense in this state, another state, or the United States;

(iii) For a violation of the uniform controlled substances act under chapter 69.50 RCW or a criminal solicitation to commit such a violation under chapter 9A.28 RCW, the offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance; and

(iv) The offender has not been found by the United States attorney general to be subject to a deportation detainer or order and does not become subject to a deportation order during the period of the sentence.

(b) If the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, offenders sentenced under this subsection shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol and substance abuse of the department of social and health services, in cooperation with the department of corrections.

The court shall also impose:

(i) The remainder of the midpoint of the standard range as a term of community custody which must include appropriate substance abuse treatment in a program that has been approved by the division of alcohol and substance abuse of the department of social and health services;

(ii) Crime-related prohibitions including a condition not to use illegal controlled substances; ((and))

(iii) A requirement to submit to urinalysis or other testing to monitor that status; and

(iv) A term of community custody pursuant to subsection (11) of this section to be imposed upon failure to complete or administrative termination from the special drug offender sentencing alternative program.

The court may prohibit the offender from using alcohol or controlled substances and may require that the monitoring for controlled substances be conducted by the department or by a treatment alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court shall impose three or more of the following conditions:

(A) Devote time to a specific employment or training;

(B) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;

(D) Pay all court-ordered legal financial obligations;

(E) Perform community service work;

(F) Stay out of areas designated by the sentencing judge;

(G) Such other conditions as the court may require such as affirmative conditions.

(c) If the offender violates any of the sentence conditions in (b) of this subsection or is found by the United States attorney general to be subject to a deportation order, a violation hearing shall be held by the department unless waived by the offender.

(i) If the department finds that conditions have been willfully violated, the offender may be reclassified to serve the remaining balance of the original sentence.

(ii) If the department finds that the offender is subject to a valid deportation order, the department may administratively terminate the offender from the program and reclassify the offender to serve the remaining balance of the original sentence.

(d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission.

(e) An offender who fails to complete the special drug offender sentencing alternative program or who is administratively terminated from the program shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing judge and shall be subject to all rules relating to community custody and earned early release time. An offender who violates any conditions of supervision as defined by the department shall be sanctioned. Sanctions may include, but are not limited to, reclassifying the offender to serve the unexpired term of his or her sentence as ordered by the sentencing judge. If an offender is reclassified to serve the unexpired term of his or her sentence, the offender shall be subject to all rules relating to earned early release time.

(7) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement; community service work; until July 1, 2000, a term of community supervision not to exceed one year and on and after July 1, 2000, a term of community custody not to exceed one year, subject to conditions and sanctions as authorized in subsection (11)(b) and (c) of this section; and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

(8)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

The examiner shall assess and report regarding the defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

(A) Frequency and type of contact between offender and therapist;

(B) Specific issues to be addressed in the treatment and description of planned treatment modalities;

(C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;

(D) Anticipated length of treatment; and

(E) Recommended crime-related prohibitions.

The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

(ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sex offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eleven years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:

(A) The court shall place the defendant on community custody for the length of the suspended sentence or three years, whichever is greater, and require the offender to comply with any conditions imposed by the department of corrections under subsection (15) of this section;

(B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:

(I) Devote time to a specific employment or occupation;

(II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

(III) Report as directed to the court and a community corrections officer;

(IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community service work, or any combination thereof; or

(V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime; and

(C) Sex offenders sentenced under this special sex offender sentencing alternative are not eligible to accrue any earned release time while serving a suspended sentence.

(iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing.

(iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community custody, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community custody.

(v) If a violation of conditions occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.205(2)(a) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in (a)(vi) of this subsection.

(vi) The court may revoke the suspended sentence at any time during the period of community custody and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community custody shall be credited to the offender if the suspended sentence is revoked.

(vii) Except as provided in (a)(viii) of this subsection, after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW.

(viii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (8) does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (8) and the rules adopted by the department of health.

(ix) For purposes of this subsection (8), "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

(x) If the defendant was less than eighteen years of age when the charge was filed, the state shall pay for the cost of initial evaluation and treatment.

(b) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.

Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

(i) Devote time to a specific employment or occupation;

(ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

(iii) Report as directed to the court and a community corrections officer;

(iv) Undergo available outpatient treatment.

If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections.

Nothing in this subsection (8)(b) shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (8)(b) does not apply to any crime committed after July 1, 1990.

(c) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds.

(d) Within the funds available for this purpose, the department shall develop and monitor transition and relapse prevention strategies, including risk assessment and release plans, to reduce risk to the community after sex offenders' terms of confinement in the custody of the department.

(9)(a)(i) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child 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 not sentenced under subsection (6) of this section, committed on or after July 1, 1988, but before July 25, 1999, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

(ii) Except for persons sentenced under (b) of this subsection or subsection (10)(a) of this section, when a court sentences a person to a term of total confinement to the custody of the department of corrections for a violent offense, any crime against a person under RCW 9.94A.440(2), or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 25, 1999, but before July 1, 2000, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences the offender under this subsection (9)(a)(ii) to the statutory maximum period of confinement, then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

(b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, or a serious violent offense, vehicular homicide, or vehicular assault, committed on or after July 1, 1990, but before July 1, 2000, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:

(i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

(ii) The offender shall work at department of corrections-approved education, employment, and/or community service;

(iii) The offender shall not possess or consume controlled substances except pursuant to lawfully issued prescriptions;

(iv) The offender shall pay supervision fees as determined by the department of corrections;

(v) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement; and

(vi) The offender shall submit to affirmative acts necessary to monitor compliance with the orders of the court as required by the department.

(c) As a part of any sentence imposed under (a) or (b) of this subsection, the court may also order any of the following special conditions:

(i) The offender shall remain within, or outside of, a specified geographical boundary;

(ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

(iii) The offender shall participate in crime-related treatment or counseling services;

(iv) The offender shall not consume alcohol;

(v) The offender shall comply with any crime-related prohibitions; or

(vi) For an offender convicted of a felony sex offense against a minor victim after June 6, 1996, the offender shall comply with any terms and conditions of community placement imposed by the department of corrections relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.

(d) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections.

(10)(a) When a court sentences a person to the custody of the department of corrections for an offense categorized as a sex offense committed on or after June 6, 1996, but before July 1, 2000, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up to the period of earned release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2).

(b) Unless a condition is waived by the court, the terms of community custody shall be the same as those provided for in subsection (9)(b) of this section and may include those provided for in subsection (9)(c) of this section. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (15) of this section.

(c) At any time prior to the completion of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040.

(11)(a) When a court sentences a person to the custody of the department of corrections for a sex offense, a violent offense, any crime against a person under RCW 9.94A.440(2), or a felony offense under chapter 69.50 or 69.52 RCW ((not sentenced under subsection (6) of this section)), committed on or after July 1, 2000, the court shall in addition to the other terms of the sentence, sentence the offender to community custody for the community custody range or up to the period of earned release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin ((either)): (i) Upon completion of the term of confinement ((or)); (ii) at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.150 (1) and (2); or (iii) with regard to offenders sentenced under subsection (6) of this section, upon failure to complete or administrative termination from the special drug offender sentencing alternative program.

(b) Unless a condition is waived by the court, the conditions of community custody shall include those provided for in subsection (9)(b)(i) through (vi) of this section. The conditions may also include those provided for in subsection (9)(c)(i) through (vi) of this section. The court may also order the offender to 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, and the department shall enforce such conditions pursuant to (f) of this subsection. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (15) of this section. The department shall assess the offender's risk of reoffense and may establish and modify additional conditions of the offender's community custody based upon the risk to community safety. The department may not impose conditions that are contrary to those ordered by the court and may not contravene or decrease court imposed conditions. The department shall notify the offender in writing of any such conditions or modifications. In setting, modifying, and enforcing conditions of community custody, the department shall be deemed to be performing a quasi-judicial function.

(c) If an offender violates conditions imposed by the court or the department pursuant to this subsection during community custody, the department may transfer the offender to a more restrictive confinement status and impose other available sanctions as provided in RCW 9.94A.205 and 9.94A.207.

(d) Except for terms of community custody under subsection (8) of this section, the department shall discharge the offender from community custody on a date determined by the department, which the department may modify, based on risk and performance of the offender, within the range or at the end of the period of earned release, whichever is later.

(e) At any time prior to the completion or termination of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040. If the court extends a condition beyond the expiration of the term of community custody, the department is not responsible for supervision of the offender's compliance with the condition.

(f) Within the funds available for community custody, the department shall determine conditions and duration of community custody on the basis of risk to community safety, and shall supervise offenders during community custody on the basis of risk to community safety and conditions imposed by the court. The secretary shall adopt rules to implement the provisions of this subsection (11)(f).

(g) By the close of the next business day after receiving notice of a condition imposed or modified by the department, an offender may request an administrative review under rules adopted by the department. The condition shall remain in effect unless the reviewing officer finds that it is not reasonably related to any of the following: (i) The crime of conviction; (ii) the offender's risk of reoffending; or (iii) the safety of the community.

(12) 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.

(13) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered unless the superior court extends the criminal judgment an additional ten years. If the legal financial obligations including crime victims' assessments are not paid during the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years as provided in RCW 9.94A.140, 9.94A.142, and 9.94A.145. If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.

(14) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision, community placement, or community custody which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

(15) All offenders sentenced to terms involving community supervision, community service, community placement, community custody, or legal financial obligation shall be under the supervision of the department of corrections and shall follow explicitly the instructions and conditions of the department of corrections. The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the conditions of the sentence imposed.

(a) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment.

(b) For offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (a) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals. For offenders sentenced to terms of community custody for crimes committed on or after July 1, 2000, the department may additionally require the offender to participate in rehabilitative programs or otherwise perform affirmative conduct, and to obey all laws.

The conditions authorized under this subsection (15)(b) may be imposed by the department prior to or during an offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to subsection (10) of this section occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.207 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.205. At any time prior to the completion of an offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to subsection (10) or (11) of this section be continued beyond the expiration of the offender's term of community custody as authorized in subsection (10)(c) or (11)(e) of this section.

The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.

(16) All offenders sentenced to terms involving community supervision, community service, community custody, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

(17) 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.

(18) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6).

(19) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.

(20) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement.

(21) The court may order an offender whose sentence includes community placement or community supervision to undergo a mental status evaluation and to participate in available outpatient mental health treatment, if the court finds that reasonable grounds exist to believe that the offender is a mentally ill person as defined in RCW 71.24.025, and that this condition is likely to have influenced the offense. An order requiring mental status evaluation or treatment must be based on a presentence report and, if applicable, mental status evaluations that have been filed with the court to determine the offender's competency or eligibility for a defense of insanity. The court may order additional evaluations at a later date if deemed appropriate.

(22) In any sentence of partial confinement, the court may require the defendant 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.

(23) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations.

(24) 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, as part of any term of community supervision, order the offender to participate in a domestic violence perpetrator program approved under RCW 26.50.150.

(25)(a) Sex offender examinations and treatment ordered as a special condition of community placement or community custody under this section shall be conducted only by sex offender treatment providers certified by the department of health under chapter 18.155 RCW unless the court finds that: (i) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (ii) no certified providers are available for treatment within a reasonable geographic distance of the offender's home, as determined in rules adopted by the secretary; (iii) the evaluation and treatment plan comply with the rules adopted by the department of health; or (iv) the treatment provider is employed by the department. A treatment provider selected by an offender who is not certified by the department of health shall consult with a certified provider during the offender's period of treatment to ensure compliance with the rules adopted by the department of health. The frequency and content of the consultation shall be based on the recommendation of the certified provider.

(b) A sex offender's failure to participate in treatment required as a condition of community placement or community custody is a violation that will not be excused on the basis that no treatment provider was located within a reasonable geographic distance of the offender's home."

Correct the title.

Representatives Ballasiotes and O'Brien spoke in favor of the adoption of the amendment.

The amendment was adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives O'Brien and Ballasiotes spoke in favor of passage of the bill.

Speaker Ballard stated the question before the House to be final passage of Engrossed House Bill No. 2340.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed House Bill No. 2340, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Scott, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

Excused: Representatives Pennington and Skinner - 2.

Engrossed House Bill No. 2340, having received the constitutional majority, was declared passed.

HOUSE BILL NO. 2580, by Representatives Hurst, Fisher, Mitchell, Lovick, Dickerson, DeBolt, G. Chandler, Romero, Haigh, Ogden, Morris, McDonald, Hankins, Ericksen, Skinner, Fortunato, Scott, Edwards, Pflug, Woods and Cairnes

Authorizing changes to the VIN inspection program.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Hurst spoke in favor of passage of the bill.

Speaker Ballard stated the question before the House to be final passage of House Bill No. 2580.

ROLL CALL

The Clerk called the roll on the final passage of House Bill No. 2580 and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

Excused: Representatives Pennington and Skinner - 2.

House Bill No. 2580, having received the constitutional majority, was declared passed.

There being no objection, the House advanced to the eighth order of business.

There being no objection, House Bill No. 2981 was referred from the Committee on Economic Development, Housing and Trade to the Committee on Capital Budget.

There being no objection, the House advanced to the eleventh order of business.

MOTION

On motion of Representative Lisk, the House adjourned until 10:00 a.m., Friday, January 28, 2000, the 19^th Legislative Day.

TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker

CYNTHIA ZEHNDER, Chief Clerk FRANK CHOPP, Speaker