NOTICE: Formatting and page numbering in this document may be different
from that in the original published version.
SEVENTY-THIRD DAY
------------
MORNING SESSION
------------
Senate Chamber, Olympia, Wednesday, March 26, 2003
The Senate was called to order at 10:00 a.m. by President Pro Tempore Winsley. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present.
The Sergeant at Arms Color Guard, consisting of Pages Nyquist Kristofor and Jacob Schroeder, presented the Colors. Bishop William Skylstad of the Catholic Diocese of Spokane, offered the prayer.
MOTION
On motion of Senator Sheahan, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
March 25, 2003
HB 1101 Prime Sponsor, Representative Schoesler: Forwarding grain when an emergency storage situation exists. Reported by Committee on Agriculture
MAJORITY Recommendation: Do pass. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Jacobsen and Rasmussen.
Passed to Committee on Rules for second reading.
March 25, 2003
HB 1117 Prime Sponsor, Representative Linville: Moving a web site address from statute to rule. Reported by Committee on Agriculture
MAJORITY Recommendation: Do pass. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Jacobsen and Rasmussen.
Passed to Committee on Rules for second reading.
March 25, 2003
HB 1126 Prime Sponsor, Representative Schoesler: Allowing seed testing fees to increase in excess of the fiscal growth factor set out in chapter 43.135 RCW. Reported by Committee on Agriculture
MAJORITY Recommendation: Do pass as amended. Signed by Senators Swecker, Chair; Brandland, Vice Chair; Jacobsen and Rasmussen.
Passed to Committee on Rules for second reading.
MESSAGES FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENTS
November 26, 2002
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
Daniel E. Gosser, reappointed November 26, 2002, for a term ending December 5, 2006, as a member of the Eastern State Hospital Advisory Board.
GARY LOCKE, Governor
Referred to Committee on Children and Family Services and Corrections.
.
March 18, 2003
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Craig W. Cole, to be appointed March 20, 2003, for a term ending September 30, 2007, as a member of the Board of Regents for the University of Washington.
GARY LOCKE, Governor
Referred to Committee on Higher Education.
INTRODUCTION OF SPECIAL GUEST
The President Pro Tempore welcomed and introduced Chelsea Durfey, a Senate Page, and the great niece of former Senator Irv Newhouse.
- INTRODUCTION OF SPECIAL GUESTS
The President Pro Tempore welcomed and introduced Representative Marty Stephens from the state of Utah. Representative Stephens is also the Vice President of the National Conference of State Legislators and will become the President at the next meeting of the NCSL.
With permission of the Senate, business was suspended to permit Representative Stephens to address the Senate. Representative Stephens introduced Mr. Bill Pound, Executive Director of the National Conference of State Legislators, and Mr. Jack Tweaty, the local representative of the NCSL in our area.
MOTION
On motion of Senator Kastama, the following resolution was adopted:
SENATE RESOLUTION 8650
By Senators Kastama, Fairley, Fraser, Kohl-Welles, McCaslin, Roach, Spanel and Thibaudeau
WHEREAS, The Hepatitis C virus (HCV) infection is the most common chronic bloodborne viral infection and the leading cause of known liver disease in the United States; and
WHEREAS, Often the virus does not cause any symptoms or signs when first transmitted, a person can be symptom free for ten to twenty years, and because of this, many individuals are not aware of their infection; and
WHEREAS, Of those infected, eighty-five to ninety percent develop a chronic infection; and
WHEREAS, The Center for Disease Control recognizes 1.8 percent of the noninstitutionalized population to be infected. Based on this percentage Washington state has 106,000 citizens infected; and
WHEREAS, The virus is transmitted primarily through exposure to infected blood, such as blood transfusion, injection drug use, solid organ transplantation from infected donors, unsafe medical practices, occupational exposure to infected blood, birth to an infected mother, multiple heterosexual partners, high-risk sexual practices, tattooing, and body piercing; and
WHEREAS, Populations assumed to have high rates of infection are people who were transfused or used blood products, veterans, prison population, those who used or are using I.V. drugs, the foreign born population, and those whose occupations put them in contact with blood or bodily fluids; and
WHEREAS, There is no vaccine and no cure; and
WHEREAS, Through education we can find those infected, teach them how to slow the progression of the virus through lifestyle changes, slowing the need for liver transplant in those who will progress to that level, and teach those infected how not to spread the virus; and
WHEREAS, Education is the most cost-effective form of prevention; and
WHEREAS, The Governor has proclaimed March 24, 2003, as Hepatitis C Awareness Day;
NOW, THEREFORE, BE IT RESOLVED, That the Senate join in honoring both the victims of the diseases and those fighting for a cure on March 24, Hepatitis C Awareness Day; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Governor and to the University of Washington, the Hepatitis Education Project, the American Liver Foundation, and the Washington State Health Department.
Senators Kastama, Thibaudeau, Carlson and Rasmussen spoke to Senate Resolution 8650.
INTRODUCTION OF SPECIAL GUESTS
The President Pro Tempore welcomed and introduced Kitty Candeleria from the National Hepatitis C Institute, who was seated in the back of the chamber.
PERSONAL PRIVILEGE
Senator Kastama: “A point of personal privilege, Madam President. Kitty Candeleria is a constituent of mine who came forward with this particular issue. Her husband actually passed away due to having Hepatitis C. The interesting thing about it, to show you how personal these things get, Kitty was my neighbor when I was a young boy. She grew up right next to me. I saw her as a young child and she has seen me, certainly as a young child. It is amazing when you get into situations such as this, how personal things come to--sometimes how personal they are--and how they are based on relationships that you had when you were young. So, I am very proud to bring this forward, because I feel that it is a big issue nationally. It is a big issue in the state of Washington, but also personally, it is nice to see someone who cares so much about this issue--whom I am very close to and grew up with. It is good to help her out along the way, too.”
MOTION
On motion of Senator Sheahan, the Senate reverted to the sixth order of business.
MOTION
On motion of Senator Sheahan, the following bills, which were on the second reading calendar, were referred to the Committee on Rules:
SECOND READING
SB 5043 Public land statutes
SB 5046 Election officials/crimes
SB 5048 State mammal
SB 5055 Costs of incarceration
SB 5078 Metropolitan municipal corps
SB 5108 f Criminal trespass
SB 5121 f HOV lanes
SB 5140 County conservation futures levy
SB 5149 f Business employee tax credit
SB 5157 Veterinary board
SB 5162 f Special needs transportation
SB 5194 f Ethics investigations
SB 5196 f Agricultural products
SB 5201 Amateur radio emergency act
SB 5206 f Crimes related to mail
SB 5216 f Criminally insane examinations
SB 5217 Secure community transition facilities
SB 5219 f Voting systems certification
SB 5222 Election crimes and penalties
SB 5227 f Structural pest inspectors
SB 5234 Skate parks
SB 5259 f Vehicles boarding ferries
SB 5263 Alcoholic beverages
SB 5275 Confidential public records
SB 5276 Archive and library funding
SB 5281 Jail booking fees
SB 5303 State university research
SB 5306 Out-of-state political comm
SB 5320 Water trail recreation program
SB 5354 Growth management planning
2SSB 5369 Automated traffic cameras
SB 5381 Hydrology
SB 5388 Employment information
SB 5411 Nonpartisan sheriffs
SB 5412 f Identity theft
SB 5432 Water-sewer district property
SB 5433 Water-sewer district bidding
SB 5441 Initiative and referendum paper size
SB 5447 Water-sewer districts
SB 5459 Vehicle manufacturer/dealer
SB 5461 Mental health client information
SB 5478 Historical documents
SB 5496 School appeals
SB 5506 Growth management boards
SB 5518 State land purchase
SB 5528 Commission appointments
SB 5532 International matchmaking
SB 5533 f Hiring of school employees
SB 5539 Wrecker reports
SB 5541 Retail installment payments
SB 5549 Trade policy joint committee
SB 5562 f Direct care component rate
SB 5567 f Medicaid personal care plans
SB 5571Human cloning
SB 5582 Growth management act
SB 5585 Transportation benefit district
SB 5613 Compulsive gambling information
SB 5629 f Employer's indebtedness
SB 5643 f Digital license plates
SB 5652 Adoption-related advertising
SB 5659 f Local government funding
SB 5660 Education assistance grant program
SB 5664 f Collective bargaining
SB 5666 Defining veteran
SB 5667 Open public meetings
SB 5672 Residential mortgage loans
SB 5677 Education policy boards
SB 5686 Workers' compensation inmate benefit
SB 5701 Voter registration
SB 5706 Death security registration
SB 5707 Replevin
SB 5723 Postconviction DNA testing
SB 5738 Mobil home landlord-tenant
SB 5740 f Gray wolf management
SB 5744 Required ignition interlocks
SB 5767 f State salary overpayment
SB 5792 Insurance rate increases
SB 5798 Mold in residential units
SB 5810 Domestic mutual insurers
SB 5815 f Mosquito abatement
SB 5821 Cosmetology
SB 5823 Kinship caregivers
SB 5827 International tourism center
SB 5833 Hospitals
SB 5834 Higher education veteran fee exemption
SB 5835 Judicial candidates
SB 5838 Delinquent insurer/taxpayer
SB 5872 Commercial fishing
SB 5873 Developmentally disabled
SB 5880 Shoreline and growth management
SB 5886 Voter abstention
SB 5900 f Municipal b & o tax
SB 5905 Diseased animals
SB 5915 Community economic revitalization boards
SB 5916 Construction liability
SB 5924 Laboratory records
SB 5926 Cigarettes
SB 5929 Genetic information
SB 5934 Water-sewer districts
SB 5940 f Escrow agents
SB 5946 Mental health ombudsman
SB 5947 Medical use of marijuana
SB 5961 f Aircraft registration
SB 5972 Prepaid legal service plans
SB 5978 Vehicle rental
SB 5980 Legislative attorneys
SB 5986 Vehicles driven side by side
SB 6001 Lawful vehicle combinations
SB 6005 Microbrew beer
SJM 8010 Child protection
SJM 8011 International matchmaking
SJM 8014 Resource justification model
SJR 8210 Blanket primaries
SCR 8404 Committee on judicial conduct
MOTION
At 10:23 a.m., on motion of Senator Sheahan, the Senate recessed until 10:45 a.m.
The Senate was called to order at 11:06 a.m. by President Pro Tempore Winsley.
MOTION
On motion of Senator Sheahan, the Senate will immediately consider Senate Bill No. 5990.
SECOND READING
SENATE BILL NO. 5990, by Senators Hargrove, Stevens, McAuliffe, Carlson, Regala, Parlette, Rasmussen and Winsley
Changing times and supervision standards for release of offenders.
MOTIONS
On motion of Senator Stevens, Substitute Senate Bill No. 5990 was substituted for Senate Bill No. 5990 and the substitute bill was placed on second reading and read the second time.
Senator Hargrove moved that the following striking amendment by Senators Hargrove and Stevens be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.94A.728 and 2002 c 290 s 21 and 2002 c 50 s 2 are each reenacted and amended to read as follows:
No person serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:
(1)(a) Except as otherwise provided for in subsection (((2))) (4) of this section, the term of the sentence of an offender committed to a correctional facility operated by the department may be reduced by earned release time in accordance with procedures that shall be developed and promulgated by the correctional agency having jurisdiction in which the offender is confined. The earned release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned release credits in advance of the offender actually earning the credits. Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department, the administrator of a county jail facility shall certify to the department the amount of time spent in custody at the facility and the amount of earned release time. An offender who has been convicted of a felony committed after July 23, 1995, that involves any applicable deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, shall not receive any good time credits or earned release time for that portion of his or her sentence that results from any deadly weapon enhancements. In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 1990, and before July 1, 2003, the aggregate earned release time may not exceed fifteen percent of the sentence. In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2003, the aggregate earned release time may not exceed ten percent of the sentence.
(b) In the case of an offender who qualifies under subsection (2) of this section, the aggregate earned release time may not exceed fifty percent of the sentence.
(c) In no other case shall the aggregate earned release time exceed one-third of the total sentence;
(2) An offender may earn up to fifty percent earned release time if he or she is not confined pursuant to a sentence for an offense that is a violent offense; a sex offense; a violation or attempt, solicitation, or conspiracy to violate RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; a violation or attempt, solicitation, or conspiracy to violate RCW 69.50.406 (delivery of a controlled substance to a minor); or a crime against a person as defined in RCW 9.94A.411 and he or she:
(a) Has no prior conviction for a sex offense; a serious violent offense; a violation or attempt, solicitation, or conspiracy to violate RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or a violation or attempt, solicitation, or conspiracy to violate RCW 69.50.406 (delivery of a controlled substance to a minor);
(b) Is not subject to court-ordered chemical dependency treatment under RCW 9.94A.660 or the provisions of chapter 290, Laws of 2002; and
(c) Has an offender score of less than seven.
(3)(a) The department shall recalculate the earned release time and reschedule the expected release dates for each eligible offender under subsections (1) and (2) of this section.
(b) Subsection (2) of this section applies retroactively to eligible offenders serving terms of total confinement in a state correctional facility as of the effective date of this section.
(c) Subsections (1)(b) and (2) of this section do not apply to offenders convicted after July 1, 2010.
(4)(a) A person convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, vehicular homicide, vehicular assault, assault of a child in the second degree, any crime against persons where it is determined in accordance with RCW 9.94A.602 that the offender 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, committed before July 1, 2000, may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned release time pursuant to subsection (1) of this section;
(b) A person convicted of a sex offense, a violent offense, any crime against persons under RCW 9.94A.411(2), or a felony offense under chapter 69.50 or 69.52 RCW, committed on or after July 1, 2000, may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned release time pursuant to subsection (1) of this section;
(c) The department shall, as a part of its program for release to the community in lieu of earned release, require the offender to propose a release plan that includes an approved residence and living arrangement. All offenders with community placement or community custody terms eligible for release to community custody status in lieu of earned release shall provide an approved residence and living arrangement prior to release to the community;
(d) The department may deny transfer to community custody status in lieu of earned release time pursuant to subsection (1) of this section if the department determines an offender's release plan, including proposed residence location and living arrangements, may violate the conditions of the sentence or conditions of supervision, place the offender at risk to violate the conditions of the sentence, place the offender at risk to reoffend, or present a risk to victim safety or community safety. The department's authority under this section is independent of any court-ordered condition of sentence or statutory provision regarding conditions for community custody or community placement;
(((3))) (5) 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))) (6)(a) The secretary may authorize an extraordinary medical placement for an offender when all of the following conditions exist:
(I) The offender has a medical condition that is serious enough to require costly care or treatment;
(ii) The offender poses a low risk to the community because he or she is physically incapacitated due to age or the medical condition; and
(iii) Granting the extraordinary medical placement will result in a cost savings to the state.
(b) An offender sentenced to death or to life imprisonment without the possibility of release or parole is not eligible for an extraordinary medical placement.
(c) The secretary shall require electronic monitoring for all offenders in extraordinary medical placement unless the electronic monitoring equipment interferes with the function of the offender's medical equipment or results in the loss of funding for the offender's medical care. The secretary shall specify who shall provide the monitoring services and the terms under which the monitoring shall be performed.
(d) The secretary may revoke an extraordinary medical placement under this subsection at any time.
(((5))) (7) 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;
(((6))) (8) 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 himself or herself in the community;
(((7))) (9) The governor may pardon any offender;
(((8))) (10) The department may release an offender from confinement any time within ten days before a release date calculated under this section; and
(((9))) (11) An offender may leave a correctional facility prior to completion of his or her sentence if the sentence has been reduced as provided in RCW 9.94A.870.
Notwithstanding any other provisions of this section, an offender sentenced for a felony crime listed in RCW 9.94A.540 as subject to a mandatory minimum sentence of total confinement shall not be released from total confinement before the completion of the listed mandatory minimum sentence for that felony crime of conviction unless allowed under RCW 9.94A.540, however persistent offenders are not eligible for extraordinary medical placement.
NEW SECTION. Sec. 2. A new section is added to chapter 9.94A RCW to read as follows:
The legislature declares that the changes to the maximum percentages of earned release time in this act do not create any expectation that the percentage of earned release time cannot be revised and offenders have no reason to conclude that the maximum percentage of earned release time is an entitlement or creates any liberty interest. The legislature retains full control over the right to revise the percentages of earned release time available to offenders at any time. This section applies to persons convicted on or after the effective date of this section.
NEW SECTION. Sec. 3. A new section is added to chapter 9.94A RCW to read as follows:
(1) When the department performs a risk assessment pursuant to RCW 9.94A.500, or to determine a person's conditions of supervision, the risk assessment shall classify the offender into one of at least four risk categories. The department shall supervise every offender sentenced to a term of community custody, community placement, or community supervision whose risk assessment places that offender in one of the two highest risk categories. The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody, community placement, or community supervision whose risk assessment places that offender in any risk category other than the two highest unless the offender is one for whom supervision is required under subsection (2) of this section.
(2) Notwithstanding an offender's classification in a risk category other than the two highest risk categories, the department shall supervise the offender if:
(a) He or she has a prior conviction for an offense that is a serious violent offense, sex offense, manufacture or delivery or possession with intent to deliver methamphetamine, or delivery of a controlled substance to a minor;
(b) He or she is subject to court-ordered chemical dependency treatment under RCW 9.94A.660 or the provisions of chapter 290, Laws of 2002, or he or she was sentenced under RCW 9.94A.670; or
(c) He or she is subject to supervision pursuant to RCW 9.94A.745.
(3) This section expires July 1, 2010.
Sec. 4. RCW 9.94A.700 and 2002 c 175 s 13 are each amended to read as follows:
When a court sentences an offender to a term of total confinement in the custody of the department for any of the offenses specified in this section, the court shall also sentence the offender to a term of community placement as provided in this section. Except as provided in section 3 of this act, the department shall supervise any sentence of community placement imposed under this section.
(1) The court shall order a one-year term of community placement for the following:
(a) A sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990; or
(b) An offense committed on or after July 1, 1988, but before July 25, 1999, that is:
(I) Assault in the second degree;
(ii) Assault of a child in the second degree;
(iii) A crime against persons where it is determined in accordance with RCW 9.94A.602 that the offender or an accomplice was armed with a deadly weapon at the time of commission; or
(iv) A felony offense under chapter 69.50 or 69.52 RCW not sentenced under RCW 9.94A.660.
(2) The court shall sentence the offender to a term of community placement of two years or up to the period of earned release awarded pursuant to RCW 9.94A.728, whichever is longer, for:
(a) An offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, including those sex offenses also included in other offense categories;
(b) A serious violent offense other than a sex offense committed on or after July 1, 1990, but before July 1, 2000; or
(c) A vehicular homicide or vehicular assault committed on or after July 1, 1990, but before July 1, 2000.
(3) The community placement ordered under this section 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. When the court sentences an offender to the statutory maximum sentence then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible. Any period of community custody actually served shall be credited against the community placement portion of the sentence.
(4) Unless a condition is waived by the court, the terms of any community placement imposed under this section shall include the following conditions:
(a) The offender shall report to and be available for contact with the assigned community corrections officer as directed;
(b) The offender shall work at department-approved education, employment, or community restitution, or any combination thereof;
(c) The offender shall not possess or consume controlled substances except pursuant to lawfully issued prescriptions;
(d) The offender shall pay supervision fees as determined by the department; and
(e) The residence location and living arrangements shall be subject to the prior approval of the department during the period of community placement.
(5) As a part of any terms of community placement imposed under this section, the court may also order one or more of the following special conditions:
(a) The offender shall remain within, or outside of, a specified geographical boundary;
(b) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;
(c) The offender shall participate in crime-related treatment or counseling services;
(d) The offender shall not consume alcohol; or
(e) The offender shall comply with any crime-related prohibitions.
(6) An offender convicted of a felony sex offense against a minor victim after June 6, 1996, shall comply with any terms and conditions of community placement imposed by the department relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.
(7) Prior to or during community placement, upon recommendation of the department, the sentencing court may remove or modify any conditions of community placement so as not to be more restrictive.
Sec. 5. RCW 9.94A.705 and 2000 c 28 s 23 are each amended to read as follows:
Except for persons sentenced under RCW 9.94A.700(2) or 9.94A.710, when a court sentences a person to a term of total confinement to the custody of the department for a violent offense, any crime against persons under RCW 9.94A.411(2), or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under RCW 9.94A.660, 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.728 (1) and (((2))) (4). When the court sentences the offender under this section 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.728 (1) and (((2))) (4). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Except as provided in section 3 of this act, the department shall supervise any sentence of community placement or community custody imposed under this section.
Sec. 6. RCW 9.94A.715 and 2001 2nd sp.s. c 12 s 302 are each amended to read as follows:
(1) When a court sentences a person to the custody of the department for a sex offense not sentenced under RCW 9.94A.712, a violent offense, any crime against persons under RCW 9.94A.411(2), or a felony offense under chapter 69.50 or 69.52 RCW, 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 established under RCW 9.94A.850 or up to the period of earned release awarded pursuant to RCW 9.94A.728 (1) and (((2))) (4), whichever is longer. The community custody shall begin: (a) Upon completion of the term of confinement; (b) at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.728 (1) and (((2))) (4); or (c) with regard to offenders sentenced under RCW 9.94A.660, upon failure to complete or administrative termination from the special drug offender sentencing alternative program. Except as provided in section 3 of this act, the department shall supervise any sentence of community custody imposed under this section.
(2)(a) Unless a condition is waived by the court, the conditions of community custody shall include those provided for in RCW 9.94A.700(4). The conditions may also include those provided for in RCW 9.94A.700(5). 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 subsection (6) of this section.
(b) 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 under RCW 9.94A.720. 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. In addition, the department may require the offender to participate in rehabilitative programs, or otherwise perform affirmative conduct, and to obey all laws.
(c) 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.
(3) If an offender violates conditions imposed by the court or the department pursuant to this section 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.737 and 9.94A.740.
(4) Except for terms of community custody under RCW 9.94A.670, 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.
(5) 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.631 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.
(6) 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.
(7) 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: (a) The crime of conviction; (b) the offender's risk of reoffending; or (c) the safety of the community.
Sec. 7. RCW 9.94A.720 and 2002 c 175 s 14 are each amended to read as follows:
(1)(a) Except as provided in section 3 of this act, all offenders sentenced to terms involving community supervision, community restitution, community placement, or community custody((, or legal financial obligation)) shall be under the supervision of the department and shall follow explicitly the instructions and conditions of the department. The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the conditions of the sentence imposed. The department may only supervise the offender's compliance with payment of the legal financial obligations during any period in which the department is authorized to supervise the offender in the community under section 3 of this act.
(b) 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.
(c) 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 (b) 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.
(d) For offenders sentenced to terms of community custody for crimes committed on or after July 1, 2000, the department may impose conditions as specified in RCW 9.94A.715.
The conditions authorized under (c) of this subsection 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 RCW 9.94A.710 occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.740 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.737. 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 RCW 9.94A.710 or 9.94A.715 be continued beyond the expiration of the offender's term of community custody as authorized in RCW 9.94A.715 (3) or (5).
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.
(2) No offender sentenced to terms involving community supervision, community restitution, community custody, or community placement under the supervision of the department may 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 violation process and sanctions under RCW 9.94A.634, 9.94A.737, and 9.94A.740. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection has the same definition as in RCW 9.41.010.
Sec. 8. RCW 9.94A.545 and 2000 c 28 s 13 are each amended to read as follows:
On all sentences of confinement for one year or less, in which the offender is convicted of a sex offense, a violent offense, a crime against a person under RCW 9.94A.411, or felony violation of chapter 69.50 or 69.52 RCW or an attempt, conspiracy, or solicitation to commit such a crime, the court may impose up to one year of community custody, subject to conditions and sanctions as authorized in RCW 9.94A.715 and 9.94A.720. An offender shall be on community custody as of the date of sentencing. However, during the time for which the offender is in total or partial confinement pursuant to the sentence or a violation of the sentence, the period of community custody shall toll.
Sec. 9. 2002 c 290 s 30 (uncodified) is amended to read as follows:
Section 2 of this act expires ((July 1, 2004)) on the effective date of section 9, chapter . . ., Laws of 2003 (section 9 of this act).
Sec. 10. 2002 c 290 s 31 (uncodified) is amended to read as follows:
Sections 7 through 11 and 14 through 23 of this act take effect ((July 1, 2004, and apply to crimes committed on or after July 1, 2004)) on the effective date of section 9, chapter . . ., Laws of 2003 (section 9 of this act).
Sec. 11. RCW 70.96A.350 and 2002 c 290 s 4 are each amended to read as follows:
(1) The criminal justice treatment account is created in the state treasury. Moneys in the account may be expended solely for: (a) Substance abuse treatment and treatment support services for offenders with an addiction or a substance abuse problem that, if not treated, would result in addiction, against whom charges are filed by a prosecuting attorney in Washington state; and (b) the provision of drug and alcohol treatment services and treatment support services for nonviolent offenders within a drug court program. Moneys in the account may be spent only after appropriation.
(2) For purposes of this section:
(a) "Treatment" means services that are critical to a participant's successful completion of his or her substance abuse treatment program, but does not include the following services: Housing other than that provided as part of an inpatient substance abuse treatment program, vocational training, and mental health counseling; and
(b) "Treatment support" means transportation to or from inpatient or outpatient treatment services when no viable alternative exists, and child care services that are necessary to ensure a participant's ability to attend outpatient treatment sessions.
(3) Revenues to the criminal justice treatment account consist of: (a) ((Savings to the state general fund resulting from implementation of chapter 290, Laws of 2002, as calculated)) Funds transferred to the account pursuant to this section; and (b) any other revenues appropriated to or deposited in the account.
(4)(a) ((The department of corrections, the sentencing guidelines commission, the office of financial management, and the caseload forecast council shall develop a methodology for calculating the projected biennial savings under this section. Savings shall be projected for the fiscal biennium beginning on July 1, 2003, and for each biennium thereafter. By September 1, 2002, the proposed methodology shall be submitted to the governor and the appropriate committees of the legislature. The methodology is deemed approved unless the legislature enacts legislation to modify or reject the methodology.
(b) When the department of corrections submits its biennial budget request to the governor in 2002 and in each even-numbered year thereafter, the department of corrections shall use the methodology approved in (a) of this subsection to calculate savings to the state general fund for the ensuing fiscal biennium resulting from reductions in drug offender sentencing as a result of sections 2 and 3, chapter 290, Laws of 2002 and sections 7, 8, and 9, chapter 290, Laws of 2002. The department shall report the dollar amount of the savings to the state treasurer, the office of financial management, and the fiscal committees of the legislature.
(c))) For the fiscal biennium beginning July 1, 2003, ((and each fiscal biennium thereafter,)) the state treasurer shall transfer ((seventy-five percent of the amount reported in (b) of this subsection)) eight million nine hundred fifty thousand dollars from the general fund into the criminal justice treatment account, divided into eight equal quarterly payments. ((However, the amount transferred to the criminal justice treatment account shall not exceed the limit of eight million two hundred fifty thousand dollars per fiscal year. After the first fiscal year in which the amount to be transferred equals or exceeds eight million two hundred fifty thousand dollars, this limit)) For the fiscal year beginning July 1, 2005, and each subsequent fiscal year, the state treasurer shall transfer eight million two hundred fifty thousand dollars from the general fund to the criminal justice treatment account, divided into four equal quarterly payments. For the fiscal year beginning July 1, 2006, and each subsequent fiscal year, the amount transferred shall be increased on an annual basis by the implicit price deflator as published by the federal bureau of labor statistics.
(((d))) (b) For the fiscal biennium beginning July 1, 2003, and each biennium thereafter, the state treasurer shall transfer ((twenty- five percent of the amount reported in (b) of this subsection)) two million nine hundred eighty-four thousand dollars from the general fund into the violence reduction and drug enforcement account, divided into eight quarterly payments. The amounts transferred pursuant to this subsection (4)(((d))) (b) shall be used solely for providing drug and alcohol treatment services to offenders confined in a state correctional facility ((receiving a reduced sentence as a result of implementation of chapter 290, Laws of 2002 and)) who are assessed with an addiction or a substance abuse problem that if not treated would result in addiction. ((Any excess funds remaining after providing drug and alcohol treatment services to offenders receiving a reduced sentence as a result of implementation of chapter 290, Laws of 2002 may be expended to provide treatment for offenders confined in a state correctional facility and who are assessed with an addiction or a substance abuse problem that contributed to the crime.
(e))) (c) In each odd-numbered year, the legislature shall appropriate the amount transferred to the criminal justice treatment account in (((c))) (a) of this subsection to the division of alcohol and substance abuse for the purposes of subsection (5) of this section.
(5) Moneys appropriated to the division of alcohol and substance abuse from the criminal justice treatment account shall be distributed as specified in this subsection. The department shall serve as the fiscal agent for purposes of distribution. Until July 1, 2004, the department may not use moneys appropriated from the criminal justice treatment account for administrative expenses and shall distribute all amounts appropriated under subsection (4)(((e))) (c) of this section in accordance with this subsection. Beginning in July 1, 2004, the department may retain up to three percent of the amount appropriated under subsection (4)(((e))) (c) of this section for its administrative costs.
(a) Seventy percent of amounts appropriated to the division from the account shall be distributed to counties pursuant to the distribution formula adopted under this section. The division of alcohol and substance abuse, in consultation with the department of corrections, the sentencing guidelines commission, the Washington state association of counties, the Washington state association of drug court professionals, the superior court judges' association, the Washington association of prosecuting attorneys, representatives of the criminal defense bar, representatives of substance abuse treatment providers, and any other person deemed by the division to be necessary, shall establish a fair and reasonable methodology for distribution to counties of moneys in the criminal justice treatment account. County or regional plans submitted for the expenditure of formula funds must be approved by the panel established in (b) of this subsection.
(b) Thirty percent of the amounts appropriated to the division from the account shall be distributed as grants for purposes of treating offenders against whom charges are filed by a county prosecuting attorney. The division shall appoint a panel of representatives from the Washington association of prosecuting attorneys, the Washington association of sheriffs and police chiefs, the superior court judges' association, the Washington state association of counties, the Washington defender's association or the Washington association of criminal defense lawyers, the department of corrections, the Washington state association of drug court professionals, substance abuse treatment providers, and the division. The panel shall review county or regional plans for funding under (a) of this subsection and grants approved under this subsection. The panel shall attempt to ensure that treatment as funded by the grants is available to offenders statewide.
(6) The county alcohol and drug coordinator, county prosecutor, county sheriff, county superior court, a substance abuse treatment provider appointed by the county legislative authority, a member of the criminal defense bar appointed by the county legislative authority, and, in counties with a drug court, a representative of the drug court shall jointly submit a plan, approved by the county legislative authority or authorities, to the panel established in subsection (5)(b) of this section, for disposition of all the funds provided from the criminal justice treatment account within that county. The funds shall be used solely to provide approved alcohol and substance abuse treatment pursuant to RCW 70.96A.090 and treatment support services. No more than ten percent of the total moneys received under subsections (4) and (5) of this section by a county or group of counties participating in a regional agreement shall be spent for treatment support services.
(7) Counties are encouraged to consider regional agreements and submit regional plans for the efficient delivery of treatment under this section.
(8) Moneys allocated under this section shall be used to supplement, not supplant, other federal, state, and local funds used for substance abuse treatment.
(9) Counties must meet the criteria established in RCW 2.28.170(3)(b).
NEW SECTION. Sec. 12. The Washington state institute for public policy shall study the results of the changes in earned release under section 1 of this act. The study shall determine whether the changes in earned release affect the rate of recidivism or the type of offenses committed by persons whose release dates were affected by the changes in this act. The Washington state institute for public policy shall report its findings to the governor and the appropriate committees of the legislature no later than December 1, 2008.
NEW SECTION. Sec. 13. (1) The sum of three million five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2004, from the general fund to the department of corrections for enhanced supervision by community corrections officers of offenders classified in risk classifications RM-A and RM-B.
(2) The sum of three million five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2005, from the general fund to the department of corrections for enhanced supervision by community corrections officers of offenders classified in risk classifications RM-A and RM-B.
NEW SECTION. Sec. 14. 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.
NEW SECTION. Sec. 15. 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, 2003."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove and Stevens to Substitute Senate Bill No. 5990.
The motion by Senator Hargrove carried and the striking amendment was adopted.
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "offenders;" strike the remainder of the title and insert "amending RCW 9.94A.700, 9.94A.705, 9.94A.715, 9.94A.720, 9.94A.545, and 70.96A.350; amending 2002 c 290 s 30 (uncodified); amending 2002 c 290 s 31 (uncodified); reenacting and amending RCW 9.94A.728; adding new sections to chapter 9.94A RCW; creating a new section; making appropriations; providing effective dates; providing an expiration date; and declaring an emergency."
MOTION
On motion of Senator Stevens, the rules were suspended, Engrossed Substitute Senate Bill No. 5990 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5990.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5990 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Carlson, Deccio, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Reardon, Regala, Rossi, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 41.
Voting nay: Senators Benton, Brandland, Doumit, Eide, Haugen, Rasmussen, Roach and Sheldon, T. - 8.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5990, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 11:26 a.m., on motion of Senator Sheahan, the Senate adjourned until 12:00 noon, Thursday, March 27, 2003.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, Jr., Secretary of the Senate