5451-S2.E AME .... AMH-34
E2SSB 5451 - H AMD ADOPTED AS AMENDED 4-23-93
By Representatives Morris and others
On page 2, after line 27, strike the remainder of the bill and insert the following:
"Sec. 2. RCW 9.94A.030 and 1992 c 145 s 6 and 1992 c 75 s 1 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.
(2) "Commission" means the sentencing guidelines commission.
(3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.
(4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time or imposed pursuant to RCW 9.94A.120(7) served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.
(5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.
(6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.
(7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.
(8) "Confinement" means total or partial confinement as defined in this section.
(9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.
(10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction.
(11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.
(12)(a) "Criminal history" means the list of a defendant's prior convictions, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.
(b) "Criminal history" shall always include juvenile convictions for sex offenses and shall also include a defendant's other prior convictions in juvenile court if: (i) The conviction was for an offense which is a felony or a serious traffic offense and is criminal history as defined in RCW 13.40.020(6)(a); (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies or serious traffic offenses, the defendant was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed.
(13) "Day fine" means a fine imposed by the sentencing judge which equals the difference between the offender's net daily income and the reasonable obligations which the offender has for the support of the offender and any dependents.
(14) "Day reporting" means reporting at least once per day to a specific location designated by the department of corrections or the sentencing judge together with the requirement that the offender's location throughout each day be reported to the department of corrections.
(15) "Department" means the department of corrections.
(((14))) (16) "Determinate
sentence" means a sentence that states with exactitude the number of
actual years, months, or days of total confinement, of partial confinement, of
community supervision, the number of actual hours or days of community service
work, or dollars or terms of a legal financial obligation. The fact that an
offender through "earned early release" can reduce the actual period
of confinement shall not affect the classification of the sentence as a
determinate sentence.
(((15))) (17) "Disposable
earnings" means that part of the earnings of an individual remaining after
the deduction from those earnings of any amount required by law to be
withheld. For the purposes of this definition, "earnings" means
compensation paid or payable for personal services, whether denominated as
wages, salary, commission, bonuses, or otherwise, and, notwithstanding any
other provision of law making the payments exempt from garnishment, attachment,
or other process to satisfy a court-ordered legal financial obligation,
specifically includes periodic payments pursuant to pension or retirement
programs, or insurance policies of any type, but does not include payments made
under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title
74 RCW.
(((16))) (18) "Drug
offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.
(((17))) (19) "Drug or alcohol
monitoring" means the obligation to remain free of any nonprescribed
controlled substance or of any alcoholic beverage and to submit to periodic
testing in a program to monitor that status as directed by the department of
corrections, such as drug monitoring under a treatment alternatives to street
crime (TASC) or comparable program.
(20) "Education or training" means participation in a formal program of education or training which has state certification.
(21) "Escape" means:
(a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.
(((18))) (22) "Felony
traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.
(((19))) (23) "Fines"
means the requirement that the offender pay a specific sum of money over a
specific period of time to the court.
(((20))) (24)(a) "First-time
offender" means any person who is convicted of a felony (i) not classified
as a violent offense or a sex offense under this chapter, or (ii) that is not
the manufacture, delivery, or possession with intent to manufacture or deliver
a controlled substance classified in schedule I or II that is a narcotic drug
or the selling for profit (([of])) of any controlled substance or
counterfeit substance classified in schedule I, RCW 69.50.204, except leaves
and flowering tops of marihuana, and except as provided in (b) of this
subsection, who previously has never been convicted of a felony in this state,
federal court, or another state, and who has never participated in a program of
deferred prosecution for a felony offense.
(b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction except for adjudications of sex offenses.
(((21))) (25) "Home
detention" means a program of partial confinement available to offenders
wherein the offender is confined in a private residence subject to electronic
surveillance or other state of the art electronic monitoring technology. Home
detention may not be imposed for offenders convicted of a violent offense, any
sex offense, reckless burning in the first or second degree as defined in RCW
9A.48.040 or 9A.48.050, assault in the third degree as defined in RCW
9A.36.031, assault of a child in the third degree, unlawful imprisonment as
defined in RCW 9A.40.040, or harassment as defined in RCW 9A.46.020. Home
detention may be imposed for offenders convicted of a violation of chapter
69.50 or 69.52 RCW, that relates to the possession, manufacture, or delivery of
a controlled substance or imitation controlled substance, if the offender
fulfills the participation conditions set forth in this subsection and is
monitored for drug use by treatment alternatives to street crime (TASC) or a
comparable court or agency-referred program.
(a) Home detention may be imposed for offenders convicted of burglary in the second degree as defined in RCW 9A.52.030 or residential burglary conditioned upon the offender: (i) Successfully completing twenty-one days in a work release program, or having successfully completed a sentence in a work ethic camp, (ii) having no convictions for burglary in the second degree or residential burglary during the preceding two years and not more than two prior convictions for burglary or residential burglary, (iii) having no convictions for a violent felony offense during the preceding two years and not more than two prior convictions for a violent felony offense, (iv) having no prior charges of escape, and (v) fulfilling the other conditions of the home detention program.
(b) Participation in a home detention program shall be conditioned upon: (i) The offender obtaining or maintaining current employment or attending a regular course of school study at regularly defined hours, or the offender performing parental duties to offspring or minors normally in the custody of the offender, (ii) abiding by the rules of the home detention program, and (iii) compliance with court-ordered legal financial obligations. The home detention program may also be made available to offenders whose charges and convictions do not otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under the home detention program, or where the health and welfare of the offender, other inmates, or staff would be jeopardized by the offender's incarceration. Participation in the home detention program for medical or health-related reasons is conditioned on the offender abiding by the rules of the home detention program and complying with court-ordered restitution.
(26) "Inpatient treatment" means participation in a treatment program certified by the state which requires the offender to be present at least twelve hours per day.
(27) "Nonviolent offense" means an offense which is not a violent offense.
(((22))) (28)
"Offender" means a person who has committed a felony established by
state law and is eighteen years of age or older or is less than eighteen years
of age but whose case has been transferred by the appropriate juvenile court to
a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms
"offender" and "defendant" are used interchangeably.
(((23))) (29) "Outpatient
treatment" means participation in a treatment program certified by the
state or recommended by the department of corrections which does not require
the offender to be present for more than twelve hours per day.
(30) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.
(((24))) (31) "Persistent
offender" is any person who:
(a) Is convicted in this state of any felony with a seriousness level of X or above, as provided in RCW 9.94A.320, except for the crime of aggravated murder in the first degree, or of assault of a child in the second degree, robbery in the first degree, indecent liberties, sexual exploitation, arson in the first degree, or burglary in the first degree; and
(b) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would have a seriousness level of X or above or would be assault of a child in the second degree, robbery in the first degree, indecent liberties, sexual exploitation, arson in the first degree, or burglary in the first degree. Of these two or more previous convictions, at least one conviction must have occurred before the commission of any of the other offenses with a seriousness level of X or above or of assault of a child in the second degree, robbery in the first degree, indecent liberties, sexual exploitation, arson in the first degree, or burglary in the first degree, for which the offender was previously convicted.
(32) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.
(((25))) (33)
"Restitution" means the requirement that the offender pay a specific
sum of money over a specific period of time to the court as payment of
damages. The sum may include both public and private costs. The imposition of
a restitution order does not preclude civil redress.
(((26))) (34) "Serious
traffic offense" means:
(a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.
(((27))) (35) "Serious
violent offense" is a subcategory of violent offense and means:
(a) Murder in the first degree, homicide by abuse, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, robbery in the first degree when the personal property taken by the person is a motor vehicle, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.
(((28))) (36) "Sentence
range" means the sentencing court's discretionary range in imposing a
nonappealable sentence.
(((29))) (37) "Sex
offense" means:
(a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;
(b) A felony with a finding of sexual motivation under RCW 9.94A.127; or
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
(((30))) (38) "Sexual
motivation" means that one of the purposes for which the defendant
committed the crime was for the purpose of his or her sexual gratification.
(((31))) (39) "Total
confinement" means confinement inside the physical boundaries of a
facility or institution operated or utilized under contract by the state or any
other unit of government for twenty-four hours a day, or pursuant to RCW
72.64.050 and 72.64.060.
(((32))) (40) "Transition
training" means written and verbal instructions and assistance provided by
the department to the offender during the two weeks prior to the offender's
successful completion of the work ethic camp program. The transition training
shall include instructions in the offender's requirements and obligations
during the offender's period of community custody.
(41) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.
(((33))) (42) "Violent
offense" means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, robbery in the second degree whether or not the personal property taken by the person is a motor vehicle, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.
(((34))) (43) "Work
crew" means a program of partial confinement consisting of civic
improvement tasks for the benefit of the community of not less than thirty-five
hours per week that complies with RCW 9.94A.135. ((The civic improvement
tasks shall be performed on public property or on private property owned or
operated by nonprofit entities, except that, for emergency purposes only, work
crews may perform snow removal on any private property.)) The civic
improvement tasks shall have minimal negative impact on existing private
industries or the labor force in the county where the service or labor is
performed. The civic improvement tasks shall not affect employment
opportunities for people with developmental disabilities contracted through
sheltered workshops as defined in RCW 82.04.385. Only those offenders
sentenced to a facility operated or utilized under contract by a county or
the state are eligible to participate on a work crew. Offenders sentenced
for a sex offense as defined in subsection (((29))) (37) of this
section are not eligible for the work crew program.
(((35))) (44) "Work ethic
camp" means an alternative incarceration program designed to reduce
recidivism and lower the costs of corrections by requiring offenders to
complete a comprehensive array of job and vocational experiences,
character-building work ethics training, life management skills development,
drug rehabilitation, counseling, literacy training, and basic adult education.
(45) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.
(((36) "Home detention" means a
program of partial confinement available to offenders wherein the offender is
confined in a private residence subject to electronic surveillance. Home
detention may not be imposed for offenders convicted of a violent offense, any
sex offense, any drug offense, reckless burning in the first or second degree
as defined in RCW 9A.48.040 or 9A.48.050, assault in the third degree as defined
in RCW 9A.36.031, assault of a child in the third degree, unlawful imprisonment
as defined in RCW 9A.40.040, or harassment as defined in RCW 9A.46.020. Home
detention may be imposed for offenders convicted of possession of a controlled
substance (RCW 69.50.401(d)) or forged prescription for a controlled substance
(RCW 69.50.403) if the offender fulfills the participation conditions set forth
in this subsection and is monitored for drug use by treatment alternatives to
street crime (TASC) or a comparable court or agency-referred program.
(a) Home detention may be imposed for offenders
convicted of burglary in the second degree as defined in RCW 9A.52.030 or
residential burglary conditioned upon the offender: (i) Successfully
completing twenty-one days in a work release program, (ii) having no
convictions for burglary in the second degree or residential burglary during
the preceding two years and not more than two prior convictions for burglary or
residential burglary, (iii) having no convictions for a violent felony offense
during the preceding two years and not more than two prior convictions for a
violent felony offense, (iv) having no prior charges of escape, and (v)
fulfilling the other conditions of the home detention program.
(b) Participation in a home detention program
shall be conditioned upon: (i) The offender obtaining or maintaining current
employment or attending a regular course of school study at regularly defined
hours, or the offender performing parental duties to offspring or minors normally
in the custody of the offender, (ii) abiding by the rules of the home detention
program, and (iii) compliance with court-ordered legal financial obligations.
The home detention program may also be made available to offenders whose
charges and convictions do not otherwise disqualify them if medical or
health-related conditions, concerns or treatment would be better addressed
under the home detention program, or where the health and welfare of the
offender, other inmates, or staff would be jeopardized by the offender's
incarceration. Participation in the home detention program for medical or
health-related reasons is conditioned on the offender abiding by the rules of
the home detention program and complying with court-ordered restitution.))
(46) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, that has as one of its primary activities the commission of a criminal act or acts.
Sec. 3. RCW 9.94A.120 and 1992 c 145 s 7, 1992 c 75 s 2, and 1992 c 45 s 5 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), ((and)) (6), (7), and (9) of this section and
section 19 of this act, 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 the statutory maximum for the offense, but if the statutory maximum for the offense is life imprisonment, then to a term of ninety-nine years. 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, and shall not be eligible for furlough, work release or other authorized leave of absence from the correctional facility during such minimum five-year term except for the purpose of commitment to an inpatient treatment facility. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section.
(5) In sentencing a first-time offender with
a sentence range of more than ninety days 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 up to ((two)) one
year((s)) of community supervision, which, in addition to crime-related
prohibitions, may include requirements that the offender perform any one or
more of the following:
(a) Devote time to a specific employment or occupation;
(b) Undergo available outpatient treatment for
up to ((two)) one year((s)), or inpatient treatment not to
exceed the standard range of confinement for that offense;
(c) Pursue a prescribed, secular course of study or vocational training;
(d) 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;
(e) Report as directed to the court and a community corrections officer; or
(f) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work.
(6)(a) When sentencing an offender who is not a violent offender or a sex offender and whose presumptive sentence is twelve months or less, the court shall first determine if it is appropriate that such sentence be served primarily or exclusively under one or more of the sentencing options set forth in (c) of this subsection. If the court determines that a period of total confinement is appropriate in order to adequately punish the offender and to serve the best interest of society, the court shall order total confinement for the minimum time necessary to carry out the goals of this chapter.
(b) To impose a sentence consisting of sentencing options, the court shall determine the standard range for the offender and then convert that amount of total confinement as is necessary into the sentencing options the court finds appropriate for the offender. Sentencing options that are imposed under this section may be used in any combination and may also be combined with total confinement. Conversions of total confinement to sentencing options shall be clearly indicated on the judgment and sentence.
(c) Sentencing options available to a court include:
(i) Approved adult education;
(ii) Approved vocational-technical training;
(iii) Community service;
(iv) Day fines;
(v) Day reporting;
(vi) Drug or alcohol monitoring;
(vii) Home detention;
(viii) Inpatient treatment;
(ix) Outpatient treatment;
(x) Partial confinement;
(xi) Work crews;
(xii) Work release; and
(xiii) Any other nonincarcerative option that is consistent with the purposes of this chapter.
(d) An offender may also be placed on a term of community supervision not to exceed one year. At any time after the successful completion of sentencing options and other conditions imposed, the offender or the department may petition the court to terminate community supervision.
(7)(a) An offender is eligible for the special drug offender sentencing alternative if:
(i) The offender is convicted of the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in schedule I or II that is a narcotic drug and the violation does not involve a sentence enhancement under RCW 9.94A.310(3);
(ii) The offender has no prior convictions for a felony in this state, another state, or the United States;
(iii) 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.
(b) If 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, the offender must be involved in substance abuse treatment provided by the department. No more than three months of the sentence may be served in a work release status. The court shall also impose one year of community custody that must include crime-related prohibitions, a condition to not use illegal controlled substances, and to submit to urinalysis or other testing to monitor that status. The department may require the offender to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court may impose any of the following conditions:
(i) Devote time to a specific employment or training;
(ii) Participate in outpatient substance abuse treatment;
(iii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;
(iv) Report as directed to a community corrections officer;
(v) Pay all court-ordered legal financial obligations;
(vi) Perform community service work;
(vii) Pay a day fine;
(viii) Stay out of areas designated by the sentencing judge;
(ix) Undergo day supervision.
(c) If the offender violates any of the sentence conditions in (b) of this subsection, the department shall impose sanctions administratively, with notice to the prosecuting attorney and the sentencing court. Upon motion of the court or the prosecuting attorney, a violation hearing shall be held by the court. If the court finds that conditions have been willfully violated, the court may impose confinement consisting of the remaining one-half of the midpoint of the standard range. All total confinement served during the period of community custody shall be credited to the offender, regardless of whether the total confinement is served as a result of the original sentence, as a result of a sanction imposed by the department of corrections, or as a result of a violation found by the court.
(d) If a sentencing judge has sentenced an offender pursuant to the special drug offender sentencing alternative, the offender is not eligible for placement in a work ethic camp as provided in section 28 of this act. The department shall establish one work ethic camp as provided in section 27 of this act.
(8) 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, a term of community supervision not to exceed one year, and/or other legal financial obligations. All or any part of the confinement may be converted to community service, work crew, work release, home detention, day reporting, day fine, or education or training, at the rates provided in RCW 9.94A.380. 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.
(((7))) (9)(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 sexual 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 eight 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 supervision for the length of the suspended sentence or three years, whichever is greater; and
(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.
(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 supervision, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community supervision.
(v) The court may revoke the suspended sentence at any time during the period of community supervision 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 supervision shall be credited to the offender if the suspended sentence is revoked.
(vi) Except as provided in (a)(vii) 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.
(vii) A sex offender therapist who examines or
treats a sex offender pursuant to this subsection (((7))) (9)
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
(((7))) (9) and the rules adopted by the department of health.
For purposes of this subsection, "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.
(b) When an offender is convicted of any felony sex offense committed before 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, order the offender committed for up to thirty days to the custody of the secretary of social and health services for evaluation and report to the court on the offender's amenability to treatment at these facilities. If the secretary of social and health services cannot begin the evaluation within thirty days of the court's order of commitment, the offender shall be transferred to the state for confinement pending an opportunity to be evaluated at the appropriate facility. The court shall review the reports and may order that the term of confinement imposed be served in the sexual offender treatment program at the location determined by the secretary of social and health services or the secretary's designee, only if the report indicates that the offender is amenable to the treatment program provided at these facilities. The offender shall be transferred to the state pending placement in the treatment program. Any offender who has escaped from the treatment program shall be referred back to the sentencing court.
If the offender does not comply with the conditions of the treatment program, the secretary of social and health services may refer the matter to the sentencing court. The sentencing court shall commit the offender to the department of corrections to serve the balance of the term of confinement.
If the offender successfully completes the treatment program before the expiration of the term of confinement, the court may convert the balance of confinement to community supervision and may 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 community supervision, the court may order the offender to serve out the balance of the community supervision term in confinement in the custody of the department of corrections.
After June 30, 1993, this subsection (b) shall cease to have effect.
(c) 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 (c) of this subsection shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (c) does not apply to any crime committed after July 1, 1990.
(d) 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.
(((8))) (10)(a) 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) or (7) of this section, committed on or
after July 1, 1988, 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 early 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)).
(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 or serious violent offense committed on or after July 1, 1990, 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 early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer.
(c) When a court sentences a person to a term of total confinement to the custody of the department of corrections for vehicular homicide or vehicular assault committed after June 30, 1993, and the person has been found pursuant to RCW 46.61.524 to have an alcohol or drug problem, the court shall in addition to other terms of the sentence, sentence the offender to community placement for one year or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. In ordering community placement under this subsection (10)(c), the court shall waive all conditions of community placement except the following:
(i) The offender shall abstain from alcohol and nonprescribed controlled substances;
(ii) The offender shall complete any treatment program and comply with any other requirement under RCW 46.61.524;
(iii) The offender shall comply with any legal financial obligations imposed by the court;
(iv) The offender shall pay supervision fees as determined by the department of corrections; and
(v) The offender shall report to and be available for contact with the assigned community corrections officer as directed.
(d) The community placement under this subsection (10) 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 early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection (10) 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 consume controlled substances except pursuant to lawfully issued prescriptions;
(iv) An offender in community custody shall not unlawfully possess controlled substances;
(v) The offender shall pay supervision fees as determined by the department of corrections; and
(vi) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement.
(((c))) (e) 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; or
(v) The offender shall comply with any crime-related prohibitions.
(((d))) (f) 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.
(((9))) (11) 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.
(((10))) (12) 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. 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. 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.
(((11))) (13) 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 or community
placement which exceeds the statutory maximum for the crime as provided in
chapter 9A.20 RCW.
(((12))) (14) All offenders
sentenced to terms involving community supervision, community service,
community placement, or legal financial obligation shall be under the
supervision of the secretary of the department of corrections or such person as
the secretary may designate and shall follow explicitly the instructions of the
secretary including 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.
(((13))) (15) All offenders
sentenced to terms involving community supervision, community service, 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.
(((14))) (16) 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.
(((15))) (17) 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).
(((16))) (18) 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.
(((17))) (19) 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.
(((18))) (20) 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.
(((19))) (21) 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.
Sec. 4. RCW 9.94A.040 and 1986 c 257 s 18 are each amended to read as follows:
(1) A sentencing guidelines commission is established as an agency of state government.
(2) The commission shall, following a public hearing or hearings:
(a) Devise a series of recommended standard sentence ranges for all felony offenses and a system for determining which range of punishment applies to each offender based on the extent and nature of the offender's criminal history, if any;
(b) Devise recommended prosecuting standards in respect to charging of offenses and plea agreements; and
(c) Devise recommended standards to govern whether sentences are to be served consecutively or concurrently.
(3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community service, and a fine.
(4) In devising the standard sentence ranges of total and partial confinement under this section, the commission is subject to the following limitations:
(a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;
(b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range; and
(c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.020.
(5) In carrying out its duties under subsection (2) of this section, the commission shall give consideration to the existing guidelines adopted by the association of superior court judges and the Washington association of prosecuting attorneys and the experience gained through use of those guidelines. The commission shall emphasize confinement for the violent offender and alternatives to total confinement for the nonviolent offender.
(6) This commission shall conduct a study to determine the capacity of correctional facilities and programs which are or will be available. While the commission need not consider such capacity in arriving at its recommendations, the commission shall project whether the implementation of its recommendations would result in exceeding such capacity. If the commission finds that this result would probably occur, then the commission shall prepare an additional list of standard sentences which shall be consistent with such capacity.
(7) The commission may recommend to the legislature revisions or modifications to the standard sentence ranges and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity.
(8) The sentencing reform act has been in effect since July 1, 1984, and several modifications to sentences have occurred. The sentencing guidelines commission shall reevaluate the proportionality and fairness of sentences contained in RCW 9.94A.120, as well as practical workability of sentences and ranges. The commission shall develop recommendations on alternative punishments to total confinement for nonviolent offenders. The commission shall evaluate the impact of revisions to RCW 9.94A.120 (6) and (7). The commission shall submit preliminary findings to the legislature by December 1, 1994, and shall submit the final report to the legislature by December 1, 1995. The report shall describe the changes in sentencing practices related to the use of alternatives to total confinement for nonviolent offenders and include the impact of sentencing alternatives on state prisons and county jail population, the savings in state and local resources, and the impact on recidivism rates. The commission shall establish a baseline for evaluating recidivism of all felony offenders whether under the jurisdiction of the department or counties.
(9) The commission shall study the existing criminal code and from time to time make recommendations to the legislature for modification.
(((9))) (10) The commission shall
exercise its duties under this section in conformity with chapter 34.05 RCW, as
now existing or hereafter amended.
Sec. 5. RCW 9.94A.190 and 1991 c 181 s 5 are each amended to read as follows:
(1) A sentence that includes a term or terms of confinement totaling more than one year shall be served in a facility or institution operated, or utilized under contract, by the state. Except as provided for in subsection (3) or (4) of this section, a sentence of not more than one year of confinement shall be served in a facility operated, licensed, or utilized under contract, by the county, or if home detention or work crew has been ordered by the court, in the residence of either the defendant or a member of the defendant's immediate family.
(2) If a county uses a state partial confinement facility for the partial confinement of a person sentenced to confinement for not more than one year, the county shall reimburse the state for the use of the facility as provided for in this subsection. The office of financial management shall set the rate of reimbursement based upon the average per diem cost per offender in the facility. The office of financial management shall determine to what extent, if any, reimbursement shall be reduced or eliminated because of funds provided by the legislature to the department of corrections for the purpose of covering the cost of county use of state partial confinement facilities. The office of financial management shall reestablish reimbursement rates each even-numbered year.
(3) A person who is sentenced for a felony to a term of not more than one year, and who is committed or returned to incarceration in a state facility on another felony conviction, either under the indeterminate sentencing laws, chapter 9.95 RCW, or under this chapter shall serve all terms of confinement, including a sentence of not more than one year, in a facility or institution operated, or utilized under contract, by the state, consistent with the provisions of RCW 9.94A.400.
(4) For sentences imposed pursuant to RCW 9.94A.120(7) which have a sentence range of over one year, notwithstanding any other provision of this section, all such sentences regardless of length shall be served in a facility or institution operated, or utilized under contract, by the state.
Sec. 6. RCW 9.94A.200 and 1989 c 252 s 7 are each amended to read as follows:
(1) If an offender violates any condition or requirement of a sentence, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.
(2) If an offender fails to comply with any of the requirements or conditions of a sentence the following provisions apply:
(a) The court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance. The court may issue a summons or a warrant of arrest for the offender's appearance;
(b) The state has the burden of showing
noncompliance by a preponderance of the evidence. If the court finds that the
violation has occurred, it may order the offender to be confined for a period
not to exceed sixty days for each violation((, and)). The court
may (i) convert a term of partial confinement to total confinement, (ii)
convert community service obligation to total or partial confinement, ((or))
(iii) convert monetary obligations, except restitution and the crime victim
penalty assessment, to community service hours at the rate of the state minimum
wage as established in RCW 49.46.020 for each hour of community service, or
(iv) convert to other sentencing alternatives as authorized in RCW 9.94A.380.
Any time served in confinement awaiting a hearing on noncompliance shall be
credited against any confinement order by the court; and
(c) If the court finds that the violation was not willful, the court may modify its previous order regarding payment of legal financial obligations and regarding community service obligations.
(3) Nothing in this section prohibits the filing of escape charges if appropriate.
Sec. 7. RCW 9.94A.310 and 1992 c 145 s 9 are each amended to read as follows:
(1) TABLE 1
Sentencing Grid
SERIOUSNESS
SCORE OFFENDER SCORE
9 or
0 1 2 3 4 5 6 7 8 more
XV Life Sentence without Parole/Death Penalty
XIV 23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m 36y 40y
240- 250- 261- 271- 281- 291- 312- 338- 370- 411-
320 333 347 361 374 388 416 450 493 548
XIII 12y 13y 14y 15y 16y 17y 19y 21y 25y 29y
123- 134- 144- 154- 165- 175- 195- 216- 257- 298-
164 178 192 205 219 233 260 288 342 397
XII 9y 9y11m 10y9m 11y8m 12y6m 13y5m 15y9m 17y3m 20y3m 23y3m
93- 102- 111- 120- 129- 138- 162- 178- 209- 240-
123 136 147 160 171 184 216 236 277 318
XI 7y6m 8y4m 9y2m 9y11m 10y9m 11y7m 14y2m 15y5m 17y11m 20y5m
78- 86- 95- 102- 111- 120- 146- 159- 185- 210-
102 114 125 136 147 158 194 211 245 280
X 5y 5y6m 6y 6y6m 7y 7y6m 9y6m 10y6m 12y6m 14y6m
51- 57- 62- 67- 72- 77- 98- 108- 129- 149-
68 75 82 89 96 102 130 144 171 198
IX 3y 3y6m 4y 4y6m 5y 5y6m 7y6m 8y6m 10y6m 12y6m
31- 36- 41- 46- 51- 57- 77- 87- 108- 129-
41 48 54 61 68 75 102 116 144 171
VIII 2y 2y6m 3y 3y6m 4y 4y6m 6y6m 7y6m 8y6m 10y6m
21- 26- 31- 36- 41- 46- 67- 77- 87- 108-
27 34 41 48 54 61 89 102 116 144
VII 18m 2y 2y6m 3y 3y6m 4y 5y6m 6y6m 7y6m 8y6m
15- 21- 26- 31- 36- 41- 57- 67- 77- 87-
20 27 34 41 48 54 75 89 102 116
VI 13m 18m 2y 2y6m 3y 3y6m 4y6m 5y6m 6y6m 7y6m
12+- 15- 21- 26- 31- 36- 46- 57- 67- 77-
14 20 27 34 41 48 61 75 89 102
V 9m 13m 15m 18m 2y2m 3y2m 4y 5y 6y 7y
6- 12+- 13- 15- 22- 33- 41- 51- 62- 72-
12 14 17 20 29 43 54 68 82 96
IV 6m 9m 13m 15m 18m 2y2m 3y2m 4y2m 5y2m 6y2m
3- 6- 12+- 13- 15- 22- 33- 43- 53- 63-
9 12 14 17 20 29 43 57 70 84
III 2m 5m 8m 11m 14m 20m 2y2m 3y2m 4y2m 5y
1- 3- 4- 9- 12+- 17- 22- 33- 43- 51-
3 8 12 12 16 22 29 43 57 68
II 4m 6m 8m 13m 16m 20m 2y2m 3y2m 4y2m
0-90 2- 3- 4- 12+- 14- 17- 22- 33- 43-
Days 6 9 12 14 18 22 29 43 57
I 3m 4m 5m 8m 13m 16m 20m 2y2m
0-60 0-90 2- 2- 3- 4- 12+- 14- 17- 22-
Days Days 5 6 8 12 14 18 22 29
NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.
(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.
(3) The following additional times shall be added to the presumptive sentence if the offender or an accomplice was armed with a deadly weapon as defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice was armed with a deadly weapon and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive range determined under subsection (2) of this section:
(a) 24 months for Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), or Kidnapping 1 (RCW 9A.40.020), but if the offense was committed with a firearm, the 24-month time period may be increased up to 36 months;
(b) 18 months for Burglary 1 (RCW 9A.52.020), but if the offense was committed with a firearm, the 18-month time period may be increased up to 30 months;
(c) 12 months for Assault 2 (RCW 9A.36.020 or 9A.36.021), Assault of a Child 2 (RCW 9A.36.130), Escape 1 (RCW 9A.76.110), Kidnapping 2 (RCW 9A.40.030), Burglary 2 of a building other than a dwelling (RCW 9A.52.030), Theft of Livestock 1 or 2 (RCW 9A.56.080), or any drug offense, but if the offense was committed with a firearm, the 12-month time period may be increased up to 18 months.
(4) If the offender committed an offense listed in subsection (3)(a) through (c) of this section while the offender or an accomplice was armed with a firearm, and the offender had a prior conviction for an offense committed with a firearm, then the following times may be added to the presumptive range determined under subsection (2) of this section:
(a) For a second conviction for an offense committed while armed with a firearm, up to 60 months;
(b) For a third or subsequent conviction for an offense committed while armed with a firearm, up to 84 months.
(5) If an offender or an accomplice was armed with a firearm and fired upon a law enforcement officer while resisting arrest under RCW 9A.76.040, up to 60 months may be added to the presumptive sentence.
(6) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive sentence range determined under subsection (2) of this section:
(a) Eighteen months for offenses committed under RCW 69.50.401(a)(1)(i) or 69.50.410;
(b) Fifteen months for offenses committed under RCW 69.50.401(a)(1)(ii), (iii), and (iv);
(c) Twelve months for offenses committed under RCW 69.50.401(d).
For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.
(((5))) (7) An additional
twenty-four months shall be added to the presumptive sentence for any ranked
offense involving a violation of chapter 69.50 RCW if the offense was also a
violation of RCW 69.50.435.
Sec. 8. RCW 9.94A.370 and 1989 c 124 s 2 are each amended to read as follows:
(1) The intersection of the column defined by
the offender score and the row defined by the offense seriousness score
determines the presumptive sentencing range (see RCW 9.94A.310, (Table 1)).
The additional time for deadly weapon findings or for ((those offenses))
other circumstances enumerated in RCW 9.94A.310(((4) that were
committed in a state correctional facility or county jail)) (3) through
(7) shall be added to the entire presumptive sentence range. The court may
impose any sentence within the range that it deems appropriate. All
presumptive sentence ranges are expressed in terms of total confinement.
(2) In determining any sentence, the trial court may rely on no more information than is admitted by the plea agreement, or admitted, acknowledged, or proved in a trial or at the time of sentencing. Acknowledgement includes not objecting to information stated in the presentence reports. Where the defendant disputes material facts, the court must either not consider the fact or grant an evidentiary hearing on the point. The facts shall be deemed proved at the hearing by a preponderance of the evidence. Facts that establish the elements of a more serious crime or additional crimes may not be used to go outside the presumptive sentence range except upon stipulation or when specifically provided for in RCW 9.94A.390(2) (c), (d), and (e).
Sec. 9. RCW 9.94A.320 and 1992 c 145 s 4 and 1992 c 75 s 3 are each reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVAggravated Murder 1 (RCW 10.95.020)
XIVMurder 1 (RCW 9A.32.030)
Homicide by Abuse (RCW 9A.32.055)
XIIIMurder 2 (RCW 9A.32.050)
XIIAssault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
XIRape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
XKidnapping 1 (RCW 9A.40.020)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Child Molestation 1 (RCW 9A.44.083)
Robbery 1 when the personal property taken by the person is a motor vehicle (RCW 9A.56.200)
Damaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))
Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)
Leading Organized Crime (RCW 9A.82.060(1)(a))
IXAssault of a Child 2 (RCW 9A.36.130)
Robbery 1 except when the personal property taken by the person is a motor vehicle (RCW 9A.56.200)
Manslaughter 1 (RCW 9A.32.060)
Explosive devices prohibited (RCW 70.74.180)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Endangering life and property by explosives with threat to human being (RCW 70.74.270)
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
Controlled Substance Homicide (RCW 69.50.415)
Sexual Exploitation (RCW 9.68A.040)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b)
VIIIArson 1 (RCW 9A.48.020)
Promoting Prostitution 1 (RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug or by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VIIBurglary 1 (RCW 9A.52.020)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
Introducing Contraband 1 (RCW 9A.76.140)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Involving a minor in drug dealing (RCW 69.50.401(f))
VIBribery (RCW 9A.68.010)
Manslaughter 2 (RCW 9A.32.070)
Rape of a Child 3 (RCW 9A.44.079)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Damaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))
Endangering life and property by explosives with no threat to human being (RCW 70.74.270)
Incest 1 (RCW 9A.64.020(1))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))
Intimidating a Judge (RCW 9A.72.160)
Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
Money Laundering, with attempt to conceal or avoid reporting (RCW 9A.83.020(1)(b) and (c))
VCriminal Mistreatment 1 (RCW 9A.42.020)
Rape 3 (RCW 9A.44.060)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Child Molestation 3 (RCW 9A.44.089)
Robbery 2 when the personal property taken by the person is a motor vehicle (RCW 9A.56.210)
Kidnapping 2 (RCW 9A.40.030)
Extortion 1 (RCW 9A.56.120)
Incest 2 (RCW 9A.64.020(2))
Perjury 1 (RCW 9A.72.020)
Extortionate Extension of Credit (RCW 9A.82.020)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
IVResidential Burglary (RCW 9A.52.025)
Theft of Livestock 1 (RCW 9A.56.080)
Robbery 2 except when the personal property taken by the person is a motor vehicle (RCW 9A.56.210)
Assault 2 (RCW 9A.36.021)
Escape 1 (RCW 9A.76.110)
Arson 2 (RCW 9A.48.030)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Malicious Harassment (RCW 9A.36.080)
Threats to Bomb (RCW 9.61.160)
Willful Failure to Return from Furlough (RCW 72.66.060)
Hit and Run C Injury Accident (RCW 46.52.020(4))
Vehicular Assault (RCW 46.61.522)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1) (ii) through (iv))
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
Money Laundering, Spending (RCW 9A.83.020(1)(a))
IIICriminal Mistreatment 2 (RCW 9A.42.030)
Extortion 2 (RCW 9A.56.130)
Unlawful Imprisonment (RCW 9A.40.040)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Custodial Assault (RCW 9A.36.100)
Unlawful possession of firearm or pistol by felon (RCW 9.41.040)
Harassment (RCW 9A.46.020)
Promoting Prostitution 2 (RCW 9A.88.080)
Willful Failure to Return from Work Release (RCW 72.65.070)
Burglary 2 (RCW 9A.52.030)
Introducing Contraband 2 (RCW 9A.76.150)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Escape 2 (RCW 9A.76.120)
Perjury 2 (RCW 9A.72.030)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Intimidating a Public Servant (RCW 9A.76.180)
Tampering with a Witness (RCW 9A.72.120)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))
Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Theft of Livestock 2 (RCW 9A.56.080)
Securities Act violation (RCW 21.20.400)
IIMalicious Mischief 1 (RCW 9A.48.070)
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Motor Vehicle Theft (section 13 of this act)
Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
Computer Trespass 1 (RCW 9A.52.110)
Reckless Endangerment 1 (RCW 9A.36.045)
Escape from Community Custody (RCW 72.09.310)
ITheft 2 (RCW 9A.56.040)
Possession of Stolen Property 2 (RCW 9A.56.160)
Forgery (RCW 9A.60.020)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Vehicle Prowl 1 (RCW 9A.52.095)
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
Malicious Mischief 2 (RCW 9A.48.080)
Reckless Burning 1 (RCW 9A.48.040)
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Possess controlled substance that is a narcotic from Schedule III, IV, or V or non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))
Sec. 10. RCW 9.94A.360 and 1992 c 145 s 10 and 1992 c 75 s 4 are each reenacted and amended to read as follows:
The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:
The offender score is the sum of points accrued under this section rounded down to the nearest whole number.
(1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.400.
(2) Except as provided in subsection (4) of this section, class A and sex prior felony convictions shall always be included in the offender score. Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without being convicted of any felonies. Class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without being convicted of any felonies. Serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without being convicted of any serious traffic or felony traffic offenses. This subsection applies to both adult and juvenile prior convictions.
(3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law.
(4) Always include juvenile convictions for sex offenses. Include other class A juvenile felonies only if the offender was 15 or older at the time the juvenile offense was committed. Include other class B and C juvenile felony convictions only if the offender was 15 or older at the time the juvenile offense was committed and the offender was less than 23 at the time the offense for which he or she is being sentenced was committed.
(5) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.
(6) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:
(a) Prior adult offenses which were found, under RCW 9.94A.400(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently whether those offenses shall be counted as one offense or as separate offenses, and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used;
(b) Juvenile prior convictions entered or sentenced on the same date shall count as one offense, the offense that yields the highest offender score, except for juvenile prior convictions for violent offenses with separate victims, which shall count as separate offenses; and
(c) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score.
(7) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense.
(8) If the present conviction is for a nonviolent offense and not covered by subsection (12) or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and 1/2 point for each juvenile prior nonviolent felony conviction.
(9) If the present conviction is for a violent offense and not covered in subsection (10), (11), (12), or (13) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.
(10) If the present conviction is for Murder 1 or 2, Assault 1, Assault of a Child 1, Kidnaping 1, Homicide by Abuse, or Rape 1, count three points for prior adult and juvenile convictions for crimes in these categories, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.
(11) If the present conviction is for Burglary 1, count prior convictions as in subsection (9) of this section; however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction.
(12) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense or serious traffic offense, count one point for each adult and 1/2 point for each juvenile prior conviction.
(13) If the present conviction is for a drug offense count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (9) of this section if the current drug offense is violent, or as in subsection (8) of this section if the current drug offense is nonviolent.
(14) If the present conviction is for Willful Failure to Return from Furlough, RCW 72.66.060, Willful Failure to Return from Work Release, RCW 72.65.070, or Escape from Community Custody, RCW 72.09.310, count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as 1/2 point.
(15) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as 1/2 point.
(16) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (8) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 or residential burglary conviction, and one point for each juvenile prior Burglary 2 or residential burglary conviction.
(17) If the present conviction is for a sex offense, count priors as in subsections (8) through (16) of this section; however count three points for each adult and juvenile prior sex offense conviction.
(18) If the present conviction is for an offense committed while the offender was under community placement, add one point.
(19) If the present conviction is for motor vehicle theft, count two points for each prior adult conviction for motor vehicle theft, and one point for each juvenile prior conviction for motor vehicle theft.
Sec. 11. RCW 9.94A.380 and 1988 c 157 s 4 and 1988 c 155 s 3 are each reenacted and amended to read as follows:
(1)
Alternatives to total confinement are available for offenders with sentences of
one year or less. Alternatives to total confinement are also available to
offenders with sentences of more than one year when the alternatives are
imposed pursuant to subsection (4) of this section. These alternatives
include the following sentence conditions that the court may order as
substitutes for total confinement: (((1))) (a) One day of
partial confinement may be substituted for one day of total confinement; (((2)))
(b) in addition, for offenders convicted of nonviolent offenses only,
eight hours of community service may be substituted for one day of total confinement,
with a maximum conversion limit of two hundred forty hours or thirty days.
Community service hours must be completed within the period of community
supervision or a time period specified by the court, which shall not exceed
twenty-four months, pursuant to a schedule determined by the department.
For sentences of nonviolent offenders for one year or less, the court shall consider and give priority to available alternatives to total confinement and shall state its reasons in writing on the judgment and sentence form if the alternatives are not used.
Offenders sentenced under RCW 9.94A.120(6)(a) to a term of one year or less may be sentenced to authorized sentencing options as provided in RCW 9.94A.120(6)(a).
(2) "Authorized sentencing options" means:
(a) Partial confinement as defined in RCW 9.94A.030 at the rate of one day of partial confinement for one day of total confinement;
(b) Community service as defined in RCW 9.94A.030 at the rate of eight hours of community service for one day of total confinement;
(c) Work crew as defined in RCW 9.94A.030 at the rate of seven hours of work crew for one day of total confinement;
(d) Work release as defined in RCW 9.94A.030 at the rate of one day of work release for one day of total confinement;
(e) Home detention as defined in RCW 9.94A.030 at the rate of one day of home detention for one day of total confinement;
(f) Day reporting as defined in RCW 9.94A.030 at the rate of two days of day reporting for one day of total confinement;
(g) Drug or alcohol monitoring as defined in RCW 9.94A.030 at the rate of five days of drug or alcohol monitoring for one day of total confinement;
(h) Inpatient treatment as defined in RCW 9.94A.030 at the rate of one day of inpatient treatment for one day of total confinement;
(i) Day fine as defined in RCW 9.94A.030 at the rate of one day of day fine for one day of total confinement;
(j) Education or training as defined in RCW 9.94A.030 at the rate of five hours of education or training for one day of total confinement; or
(k) Outpatient treatment as defined in RCW 9.94A.030 at the rate of two days of outpatient treatment for one day of total confinement.
(3) Sentencing alternatives must be completed within the time period specified by the court, pursuant to a schedule determined by the department.
(4) Options under subsection (2) of this section may also be imposed by the court as sanctions resulting from violations of sentence requirements.
(5) 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 sentencing guidelines commission.
Sec. 12. RCW 9.94A.390 and 1990 c 3 s 603 are each amended to read as follows:
If the sentencing court finds that an exceptional sentence outside the standard range should be imposed in accordance with RCW 9.94A.120(2), the sentence is subject to review only as provided for in RCW 9.94A.210(4).
The following are illustrative factors which the court may consider in the exercise of its discretion to impose an exceptional sentence. The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.
(1) Mitigating Circumstances
(a) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.
(b) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.
(c) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.
(d) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.
(e) The defendant's capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law, was significantly impaired (voluntary use of drugs or alcohol is excluded).
(f) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.
(g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010.
(h) The defendant or the defendant's children suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to that abuse.
(2) Aggravating Circumstances
(a) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim.
(b) The defendant knew or should have known that the victim of the current offense was particularly vulnerable or incapable of resistance due to extreme youth, advanced age, disability, or ill health.
(c) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:
(i) The current offense involved multiple victims or multiple incidents per victim;
(ii) The current offense involved attempted or actual monetary loss substantially greater than typical for the offense;
(iii) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time;
(iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.
(d) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition: The presence of ANY of the following may identify a current offense as a major VUCSA:
(i) The current offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so; or
(ii) The current offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use; or
(iii) The current offense involved the manufacture of controlled substances for use by other parties; or
(iv) The circumstances of the current offense reveal the offender to have occupied a high position in the drug distribution hierarchy; or
(v) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time or involved a broad geographic area of disbursement; or
(vi)
The offender used his or her position or status to facilitate the commission of
the current offense, including positions of trust, confidence or fiduciary
responsibility (e.g., pharmacist, physician, or other medical professional)((;
or)).
(e)
The current offense included a finding of sexual motivation pursuant to RCW
9.94A.127((;)).
(f)
The offense was part of an ongoing pattern of sexual abuse of the same victim
under the age of eighteen years manifested by multiple incidents over a
prolonged period of time((; or)).
(g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW 9.94A.010.
(h) The offense was committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in RCW 9.94A.030, with the specific intent to promote, further, or assist in any criminal conduct by gang members.
NEW SECTION. Sec. 13. A new section is added to chapter 9A.56 RCW to read as follows:
(1) A person is guilty of motor vehicle theft if the person commits theft of a motor vehicle, regardless of its value.
(2) Motor vehicle theft is a class B felony.
Sec. 14. RCW 9A.56.040 and 1987 c 140 s 2 are each amended to read as follows:
(1) A person is guilty of theft in the second degree if he or she commits theft of:
(a) Property or services which exceed(s) two hundred and fifty dollars in value, but does not exceed one thousand five hundred dollars in value; or
(b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or
(c) An access device; or
(d)
((A motor vehicle, of a value less than one thousand five hundred dollars;
or
(e))) A firearm, of a value less than one thousand five
hundred dollars.
(2) Theft in the second degree is a class C felony.
NEW SECTION. Sec. 15. A new section is added to chapter 72.09 RCW to read as follows:
(1) The department in conjunction with the office of financial management shall establish a pool of funding for grants to counties for offender placements in alternative sentences to incarceration as enumerated in RCW 9.94A.380.
(2) The department in conjunction with the office of financial management shall develop guidelines and criteria for counties to develop plans for alternative sentence placements. The guidelines and criteria shall be reviewed by the partnership advisory committee appointed by the secretary pursuant to RCW 72.09.300(7). Guidelines, criteria, and rules necessary for counties to follow during the grant application process shall be in effect by October 1, 1993. Counties may make application immediately thereafter. The plans shall be: (a) Reviewed as part of the local criminal justice planning process under RCW 72.09.300, and (b) approved by the county legislative authority or county executive, prior to submittal to the office of financial management. Plans may represent a single county or a combination of counties. Plans developed by counties shall contain estimates of funding for planning, implementation, or enhancement of alternative placements to incarceration. In addition, plans shall include the target offender population, the strategies to be employed through sentencing alternatives to reduce jail populations, and procedures to evaluate the impact of sentencing alternatives on jail populations. Units of local government may develop and operate sentencing alternatives, or contract with profit or nonprofit organizations, or contract with the department to provide sentencing alternatives.
(3) Proposed plans for alternative sentences to incarceration shall be reviewed and approved by the office of financial management in conjunction with the department. Alternatives provided cooperatively by multiple jurisdictions shall receive funding priority. State funding for approved plans shall be provided from funds appropriated to the department for the purpose of implementing alternative sentences and shall be expended solely for the support of alternative sentences to incarceration. State funding provided in section 35, chapter ..., Laws of 1993 (section 35 of this act), shall not supplant existing funds currently expended by counties for alternative sentences to incarceration.
(4) The office of financial management and the department after review and approval of alternative sentencing plans submitted by counties and no later than October 1, 1994, shall report to the partnership advisory committee established in RCW 72.09.300(7) on the quality of the plans, implementation issues, policy issues with state-wide implications, and any other information necessary to strengthen the alternative sentencing efforts of local governments in the state of Washington. The office of financial management or the department shall make available copies of the alternative sentencing plans to the partnership advisory committee upon request of the committee. The partnership advisory committee is encouraged to advise the office of financial management and the department on matters concerning alternative sentences and other criminal justice issues. The secretary shall convene the partnership advisory committee as required to provide reasonable discussion between the state and local governments concerning the implementation and operations of alternative sentences at the local level.
(5) A single county or combination of counties may elect to have the department, the Washington association of sheriffs and police chiefs, or other units of government provide technical assistance to organize, develop, and/or implement alternative sentencing placements to incarceration on their behalf. The department shall submit the plan to the office of financial management for review. Counties with an unincorporated population over twenty thousand that request technical assistance from the department shall reimburse the department for costs incurred in the development of alternative sentencing plans.
(6) Counties shall be eligible for grants of up to seventy-five percent of the costs identified in the approved plan. Counties shall be responsible for funding twenty-five percent of the costs identified in the approved plan. Counties are encouraged to pursue fines, fees, and recoveries from offenders who participate in these sentencing alternatives as an off-set to their twenty-five percent share.
NEW SECTION. Sec. 16. (1) The Washington council on justice policy is hereby established. The council shall consist of twenty-four members appointed by the governor. Membership shall include:
(a) One representative of city governments;
(b) One representative of county governments;
(c) One representative of sheriffs and police;
(d) One representative of jail managers;
(e) One representative of criminal defense attorneys;
(f) One representative of prosecuting attorneys;
(g) One representative of the judiciary;
(h) One representative of juvenile court administrators;
(i) One representative of community providers for juvenile offenders;
(j) Two representatives of business;
(k) Two representatives of labor;
(l) One representative of higher education;
(m) One representative of common schools;
(n) One representative from crime victims' organizations;
(o) Six legislators, two from each of the majority caucuses in the house of representatives and senate, and one from each of the minority caucuses in the house of representatives and senate; and
(p) Two citizen representatives, one from eastern Washington and one from western Washington.
(2) Nonlegislative members may receive reimbursement for travel under RCW 43.03.050 and 43.03.060. Legislative members may be reimbursed under RCW 41.04.300.
(3) Administrative and staff support of the council shall be determined by the office of the governor.
(4) The council shall review and evaluate the state's long-range strategy regarding criminal justice policies. The scope of deliberations shall include, but not be limited to, crime prevention, juvenile and adult criminal justice, substance abuse and treatment, and criminal justice information reporting. The council shall consult with state and local entities involved in the criminal justice system such as the sentencing guidelines commission, the juvenile disposition standards board, the office of financial management, the administrator for the courts, the Washington state association of counties, the Washington state association of county officials, the association of Washington cities, the public defenders association, and the Washington association of sheriffs and police chiefs, and may consult with other organizations involved with or that have an interest in criminal justice programs or services, as required.
(5) The council shall report to the governor and the legislature by January 15, 1995. The council shall expire July 1, 1995.
NEW SECTION. Sec. 17. A new section is added to chapter 72.02
RCW to read as follows:
The secretary shall review the classification structure for establishing the custody levels of inmates in state correctional facilities. The review shall take place every three years beginning in 1993. As part of the review, the secretary shall seek technical assistance from the national institute of corrections. The national institute of corrections is encouraged to evaluate and provide written comments regarding the classification structure for the appropriate placement of inmates in state correctional facilities. The secretary shall report on the inmate classification system to the house of representatives committee on corrections and the senate committee on law and justice, every third legislative session beginning with the 1997 legislature.
Sec. 18. RCW 9.94A.160 and 1984 c 246 s 1 are each amended to read as follows:
If
the governor finds that an emergency exists in that the population of a state
residential correctional facility exceeds its reasonable, maximum capacity,
then the governor may ((do any one or more of the following:
(1))) call the sentencing guidelines commission into
an emergency meeting for the purpose of evaluating the standard ranges and
other standards, and adopting sentencing adjustments that will reduce the
inmate population to reasonable maximum capacity. Sentence adjustments shall
be restricted to offenders who are not violent offenders or sex offenders,
shall not exceed four months, and shall be effective at the end of the term of
confinement. The commission may adopt any revision or amendment to the
standard ranges or other standards that it believes appropriate to deal with
the emergency situation. The sentencing adjustments and any revision or
amendment to the standard ranges or other standards shall be adopted in
conformity with chapter 34.05 RCW and shall take effect on the date prescribed
by the commission. The legislature shall approve or modify the commission's sentencing
adjustments, revision, or amendment at the next legislative session
after the sentencing adjustments, revision, or amendment takes
effect. Failure of the legislature to act shall be deemed as approval of the sentencing
adjustments, revision, or amendment((;
(2)
If the emergency occurs prior to July 1, 1988, call the board of prison terms
and paroles into an emergency meeting for the purpose of evaluating its
guidelines and procedures for release of prisoners under its jurisdiction. The
board shall adopt guidelines for the reduction of inmate population to be used
in the event the governor calls the board into an emergency meeting under this
section. The board shall not, under this subsection, reduce the prison term of
an inmate serving a mandatory minimum term under RCW 9.95.040, an inmate
confined for treason, an inmate confined for any violent offense as defined by
RCW 9.94A.030, or an inmate who has been found to be a sexual psychopath under
chapter 71.06 RCW. In establishing these guidelines, the board shall give priority
to sentence reductions for inmates confined for nonviolent offenses, inmates
who are within six months of a scheduled parole, and inmates with the best
records of conduct during confinement. The board shall consider the public
safety, the detrimental effect of overcrowding upon inmate rehabilitation, and
the best allocation of limited correctional facility resources. Guidelines
adopted under this subsection shall be submitted to the senate institutions and
house of representatives social and health services committees for their
review. This subsection does not require the board to reduce inmate population
to or below any certain number. The board may also take any other action
authorized by law to modify the terms of prisoners under its jurisdiction;
(3)
Call the clemency and pardons board into an emergency meeting for the purpose
of recommending whether the governor's commutation or pardon power should be
exercised to meet the present emergency)).
NEW SECTION. Sec. 19. A new section is added to chapter 9.94A RCW to read as follows:
(1) A person convicted of a sexually violent offense shall be sentenced to a term of total confinement of life imprisonment without the possibility of release, community custody, or parole if the court finds beyond a reasonable doubt, at a special sentencing proceeding following conviction, that the person is a sexually violent predator. The court shall not impose a sentence less than life imprisonment without the possibility of release, community custody, or parole unless the court finds that mitigating circumstances exist which warrant a lesser sentence pursuant to RCW 9.94A.390, in which case the court shall impose a determinate sentence which in no case shall be less than a determinate term within the standard range for the offense.
(2) If a person is charged with a sexually violent offense the prosecutor shall file written notice if the prosecutor intends to ask the court to find that the defendant is a sexually violent predator and to sentence the defendant to life imprisonment without the possibility of release, community custody, or parole. The prosecutor shall serve the defendant and the defendant's attorney with the notice within thirty days after the defendant's arraignment on the charge. Except with the consent of the prosecutor, during the period in which the prosecutor may file the notice of the special sentencing proceeding, the defendant may not tender a plea of guilty to the sexually violent offense nor may the court accept a plea of guilty to the charge. If the notice of the special sentencing proceeding is not filed and served as provided in this subsection, the prosecutor may not seek and the court may not make a finding that the defendant is a sexually violent predator. A defendant who is convicted of a sexually violent offense but is not found to be a sexually violent predator shall be sentenced according to the remaining provisions of this chapter.
(3) The following definitions apply throughout this section:
(a) "Sexually violent predator" means any person who has been convicted of a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence.
(b) "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to the commission of criminal sexual acts in a degree constituting such person a menace to the health and safety of others.
(c) "Predatory" means acts directed towards strangers or individuals with whom a relationship has been established or promoted for the primary purpose of victimization.
(d) "Sexually violent offense" means an act committed on or after the effective date of this section, that is: (i) An act defined in Title 9A RCW as rape in the first degree, rape in the second degree by forcible compulsion, rape of a child in the first or second degree, statutory rape in the first or second degree, indecent liberties by forcible compulsion, indecent liberties against a child under age fourteen, incest against a child under age fourteen, or child molestation in the first or second degree; or (ii) an act of murder in the first or second degree, assault in the first or second degree, assault of a child in the first or second degree, kidnapping in the fist or second degree, burglary in the first degree, residential burglary, or unlawful imprisonment, which has been determined beyond a reasonable doubt to have been sexually motivated, as that term is defined in RCW 9.94A.030; or (iii) an act as described in chapter 9A.28 RCW, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the felonies designated in (d) (i) or (ii) of this subsection.
Sec. 20. RCW 9A.20.021 and 1982 c 192 s 10 are each amended to read as follows:
(1) Felony. No person convicted of a classified felony shall be punished by confinement or fine exceeding the following:
(a) For a class A felony, by confinement in a state correctional institution for a term of life imprisonment, or by a fine in an amount fixed by the court of fifty thousand dollars, or by both such confinement and fine;
(b) For a class B felony, by confinement in a state correctional institution for a term of ten years, or by a fine in an amount fixed by the court of twenty thousand dollars, or by both such confinement and fine;
(c) For a class C felony, by confinement in a state correctional institution for five years, or by a fine in an amount fixed by the court of ten thousand dollars, or by both such confinement and fine;
(d) For a class A, B, or C felony that is classified as a sexually violent offense as defined in section 19 of this act, by confinement in a state correctional facility for a term of life imprisonment without release, community custody, or parole. The court may also impose a fine in an amount fixed by the court of fifty thousand dollars. This subsection applies only to those sexually violent offenses committed on or after the effective date of this section.
(2) Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.
(3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.
(4) This section applies to only those crimes committed on or after July 1, 1984.
Sec. 21. RCW 9.94A.150 and 1992 c 145 s 8 are each 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) Except as otherwise provided for in subsection (2) 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 early 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 early 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 early 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 of corrections, the county jail facility shall certify to the department the amount of time spent in custody at the facility and the amount of earned early release time. 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, the aggregate earned early release time may not exceed fifteen percent of the sentence. In no other case shall the aggregate earned early release time exceed one-third of the total sentence;
(2) A person convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, assault of a child in the second degree, vehicular homicide, vehicular assault, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned early release time pursuant to subsection (1) of this section;
(3) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, offenders may leave a correctional facility when in the custody of a corrections officer or officers;
(4) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;
(5) No more than the final six months of the sentence may be served in partial confinement designed to aid the offender in finding work and reestablishing him or herself in the community;
(6) The governor may pardon any offender;
(7) The department of corrections may release an offender from confinement any time within ten days before a release date calculated under this section; and
(8) An offender may leave a correctional facility prior to completion of his sentence if the sentence has been reduced as provided in RCW 9.94A.160.
Sec. 22. RCW 9.95.070 and 1955 c 133 s 8 are each amended to read as follows:
(1)
Except as provided in subsection (2) of this section, every prisoner who
has a favorable record of conduct at the penitentiary or the reformatory, and
who performs in a faithful, diligent, industrious, orderly and peaceable manner
the work, duties, and tasks assigned to him or her to the satisfaction
of the superintendent of the penitentiary or reformatory, and in whose behalf
the superintendent of the penitentiary or reformatory files a report certifying
that his or her conduct and work have been meritorious and recommending
allowance of time credits to him or her, shall upon, but not until, the
adoption of such recommendation by the indeterminate sentence review
board ((of prison terms and paroles)), be allowed time credit reductions
from the term of imprisonment fixed by the indeterminate sentence review
board ((of prison terms and paroles)).
(2)(a) Every person sentenced to a correctional institution under the jurisdiction of the department of corrections shall be making satisfactory progress towards completing a high school education, achieve an equivalent score on the general educational development test, or be actively enrolled in a similar educational program or adult basic education program approved by the department of corrections before any earned time credits may be used to reduce the person's term of total confinement. This applies only if educational programs are available for inmate enrollment.
(b) This subsection does not apply to any person who already has a high school diploma or achieved an equivalent score on the general educational development test, is serving life in prison without parole, or is determined by the director of education programs within the department of corrections to be incapable of completing the educational program. A person may be determined to be incapable due to one of the following reasons only:
(i) The person has a chronic mental deficiency;
(ii) The person is considered mentally retarded;
(iii) A physical or mental disability makes participation in the educational program impossible.
(c) Failure to complete the requirements of this subsection (2) may not be used as the basis for extending a person's original term of confinement.
(d) This subsection (2) may not be used to control inmate population levels.
Sec. 23. RCW 72.09.130 and 1981 c 136 s 17 are each amended to read as follows:
(1) The department shall adopt a system providing incentives for good conduct and disincentives for poor conduct. The system may include increases or decreases in the degree of liberty granted the inmate within the programs operated by the department and recommended increases or decreases in the number of earned early release days that an inmate can earn for good conduct and good performance. Earned early release days shall be recommended by the department as a form of tangible reward for accomplishment. The system shall be fair, measurable, and understandable to offenders, staff, and the public. At least once in each twelve-month period, the department shall inform the offender in writing as to his or her conduct and performance. This written evaluation shall include reasons for awarding or not awarding recommended earned early release days for good conduct and good performance. The term "good performance" as used in this section means successfully performing a work, work training, or educational task to levels of expectation as specified in writing by the department. The term "good conduct" as used in this section refers to compliance with department rules.
Within one year after July 1, 1981, the department shall adopt, and provide a written description of, the system. The department shall provide a copy of this description to each offender in its custody.
(2)(a) The system adopted pursuant to this section shall provide that every person sentenced to a correctional institution under the jurisdiction of the department of corrections shall be making satisfactory progress towards completing a high school education, achieve an equivalent score on the general educational development test, or be actively enrolled in a similar educational program or adult basic education program approved by the department of corrections before any earned early release time may be used to reduce the person's term of total confinement. This applies only for those inmates who do not already have a high school diploma or have not achieved an equivalent score on the general educational development test, and only if educational programs are available for inmate enrollment.
(b) This subsection does not apply to any person serving a life sentence without parole or who is determined by the director of education programs within the department of corrections to be incapable of participating in the educational program. A person may be determined to be incapable due to one of the following reasons only:
(i) The person has a chronic mental deficiency;
(ii) The person is considered mentally retarded;
(iii) A physical or mental disability makes participation in the educational program impossible.
(c) Failure to complete the requirements of this subsection (2) may not be used as the basis for extending a person's original term of confinement.
(d) This subsection (2) may not be used to control inmate population levels.
Sec. 24. RCW 72.09.100 and 1992 c 123 s 1 are each amended to read as follows:
It is the intent of the legislature to vest in the department the power to provide for a comprehensive inmate work program and to remove statutory and other restrictions which have limited work programs in the past. The department shall not allow inmates to participate in class I, II, or IV work programs unless they have completed a high school education, have achieved an equivalent score on the general educational development test, or are currently enrolled and making satisfactory progress in a similar educational program approved by the department, and if such educational programs are available. In the event that an inmate's educational program schedule is in conflict with the inmate's class I, II, or IV work program schedule, the inmate may be allowed to continue his or her work program schedule and shall be responsible for identifying and scheduling another time when the educational program schedule can be accommodated without being in conflict with his or her work program schedule. For purposes of establishing such a comprehensive program, the legislature recommends that the department consider adopting any or all, or any variation of, the following classes of work programs:
(1) CLASS I: FREE VENTURE INDUSTRIES. The employer model industries in this class shall be operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the organization and the department. The organization shall produce goods or services for sale to both the public and private sector.
The customer model industries in this class shall be operated and managed by the department to provide Washington state manufacturers or businesses with products or services currently produced or provided by out-of-state or foreign suppliers. The correctional industries board of directors shall review these proposed industries before the department contracts to provide such products or services. The review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community and labor market.
The department of corrections shall supply appropriate security and custody services without charge to the participating firms.
Inmates who work in free venture industries shall do so at their own choice. They shall be paid a wage comparable to the wage paid for work of a similar nature in the locality in which the industry is located, as determined by the director of correctional industries. If the director cannot reasonably determine the comparable wage, then the pay shall not be less than the federal minimum wage.
(2) CLASS II: TAX REDUCTION INDUSTRIES. Industries in this class shall be state-owned and operated enterprises designed to reduce the costs for goods and services for tax-supported agencies and for nonprofit organizations. The industries selected for development within this class shall, as much as possible, match the available pool of inmate work skills and aptitudes with the work opportunities in the free community. The industries shall be closely patterned after private sector industries but with the objective of reducing public support costs rather than making a profit. The products and services of this industry, including purchased products and services necessary for a complete product line, may be sold to public agencies, to nonprofit organizations, and to private contractors when the goods purchased will be ultimately used by a public agency or a nonprofit organization. Clothing manufactured by an industry in this class may be donated to nonprofit organizations that provide clothing free of charge to low-income persons. Correctional industries products and services shall be reviewed by the correctional industries board of directors before offering such products and services for sale to private contractors. The board of directors shall conduct a yearly marketing review of the products and services offered under this subsection. Such review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community. To avoid waste or spoilage and consequent loss to the state, when there is no public sector market for such goods, byproducts and surpluses of timber, agricultural, and animal husbandry enterprises may be sold to private persons, at private sale. Surplus byproducts and surpluses of timber, agricultural and animal husbandry enterprises that cannot be sold to public agencies or to private persons may be donated to nonprofit organizations. All sales of surplus products shall be carried out in accordance with rules prescribed by the secretary.
Security and custody services shall be provided without charge by the department of corrections.
Inmates working in this class of industries shall do so at their own choice and shall be paid for their work on a gratuity scale which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located and which is approved by the director of correctional industries.
(3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to accomplish the following objectives:
(a) Whenever possible, to provide basic work training and experience so that the inmate will be able to qualify for better work both within correctional industries and the free community. It is not intended that an inmate's work within this class of industries should be his or her final and total work experience as an inmate.
(b) Whenever possible, to provide forty hours of work or work training per week.
(c) Whenever possible, to offset tax and other public support costs.
Supervising, management, and custody staff shall be employees of the department.
All able and eligible inmates who are assigned work and who are not working in other classes of industries shall work in this class.
Except for inmates who work in work training programs, inmates in this class shall be paid for their work in accordance with an inmate gratuity scale. The scale shall be adopted by the secretary of corrections.
(4) CLASS IV: COMMUNITY WORK INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to provide services in the inmate's resident community at a reduced cost. The services shall be provided to public agencies, to persons who are poor or infirm, or to nonprofit organizations.
Inmates in this program shall reside in facilities owned by, contracted for, or licensed by the department of corrections. A unit of local government shall provide work supervision services without charge to the state and shall pay the inmate's wage.
The department of corrections shall reimburse participating units of local government for liability and workers compensation insurance costs.
Inmates who work in this class of industries shall do so at their own choice and shall receive a gratuity which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located.
(5) CLASS V: COMMUNITY SERVICE PROGRAMS. Programs in this class shall be subject to supervision by the department of corrections. The purpose of this class of industries is to enable an offender, placed on community supervision, to work off all or part of a community service order as ordered by the sentencing court.
Employment shall be in a community service program operated by the state, local units of government, or a nonprofit agency.
To the extent that funds are specifically made available for such purposes, the department of corrections shall reimburse nonprofit agencies for workers compensation insurance costs.
NEW SECTION. Sec. 25. Sections 22, 23, and 24 of this act apply prospectively only and shall not affect time credits, early release time, or other "good time" earned before the effective date of this act. Sections 22, 23, and 24 of this act shall not apply to offenders who have already received a high school diploma or achieved an equivalent score on the general educational development test or offenders sentenced to life imprisonment without parole.
NEW SECTION. Sec. 26. The legislature finds that high crime rates and a heightened sense of vulnerability have led to increased public pressure on criminal justice officials to increase offender punishment and remove the most dangerous criminals from the streets. As a result, there is unprecedented growth in the corrections populations and overcrowding of prisons and local jails. Skyrocketing costs and high rates of recidivism have become issues of major public concern. Attention must be directed towards implementing a long-range corrections strategy that focuses on inmate responsibility through intensive work ethic training.
The legislature finds that many offenders lack basic life skills and have been largely unaffected by traditional correctional philosophies and programs. In addition, many first-time offenders who enter the prison system learn more about how to be criminals than the important qualities, values, and skills needed to successfully adapt to a life without crime.
The legislature finds that opportunities for offenders to improve themselves are extremely limited and there has not been adequate emphasis on alternatives to total confinement for nonviolent offenders.
The legislature finds that the explosion of drug crimes since the inception of the sentencing reform act and the response of the criminal justice system have resulted in a much higher proportion of substance abuse-affected offenders in the state's prisons and jails. The needs of this population differ from those of other offenders and present a great challenge to the system. The problems are exacerbated by the shortage of drug treatment and counseling programs both in and outside of prisons.
The legislature finds that the concept of a work ethic camp that requires the offender to complete an appropriate and balanced combination of highly structured and goal-oriented work programs such as correctional industries based work camps and/or class I and class II work projects, drug rehabilitation, and intensive life management work ethic training, can successfully reduce offender recidivism and lower the overall cost of incarceration.
It is the purpose and intent of sections 19 through 23 of this act to implement a regimented work ethic camp that is designed to directly address the high rate of recidivism, reduce upwardly spiraling prison costs, preserve scarce and high cost prison space for the most dangerous offenders, and provide judges with a tough and sound alternative to traditional incarceration without compromising public safety.
NEW SECTION. Sec. 27. The department of corrections shall establish one work ethic camp. The secretary shall locate the work ethic camp within an already existing department compound or facility, or in a facility that is scheduled to come on line within the initial implementation date outlined in this section. The facility selected for the camp shall appropriately accommodate the logistical and cost-effective objectives contained in sections 26 through 30 of this act. The department shall be ready to assign inmates to the camp one hundred twenty days after the effective date of this section. The department shall establish the work ethic camp program cycle to last from one hundred twenty to one hundred eighty days. The department shall develop all aspects of the work ethic camp program including, but not limited to, program standards, conduct standards, educational components including general education development test achievement, offender incentives, drug rehabilitation program parameters, individual and team work goals, techniques for improving the offender's self-esteem, citizenship skills for successful living in the community, measures to hold the offender accountable for his or her behavior, and the successful completion of the work ethic camp program granted to the offender based on successful attendance, participation, and performance as defined by the secretary. The work ethic camp shall be designed and implemented so that offenders are continually engaged in meaningful activities and unstructured time is kept to a minimum. In addition, the department is encouraged to explore the integration and overlay of a military style approach to the work ethic camp.
NEW SECTION. Sec. 28. A new section is added to chapter 9.94A RCW to read as follows:
(1) An offender is eligible to be sentenced to a work ethic camp if the offender:
(a) Is sentenced to a term of total confinement of not less than twenty-two months or more than thirty-six months;
(b) Is between the ages of eighteen and twenty-eight years; and
(c) Has no current or prior convictions for any sex offenses or violent offenses.
(2) If the sentencing judge determines that the offender is eligible for the work ethic camp and is likely to qualify under subsection (3) of this section, the judge shall impose a sentence within the standard range and may recommend that the offender serve the sentence at a work ethic camp. The sentence shall provide that if the offender successfully completes the program, the department shall convert the period of work ethic camp confinement at the rate of one day of work ethic camp confinement to three days of total standard confinement. The court shall also provide that upon completion of the work ethic camp program, the offender shall be released on community custody for any remaining time of total confinement.
(3) The department shall place the offender in the work ethic camp program, subject to capacity, unless the department determines that the offender has physical or mental impairments that would prevent participation and completion of the program, or the offender refuses to agree to the terms and conditions of the program.
(4) An inmate who fails to complete the work ethic camp program, who is administratively terminated from the program, or who otherwise violates any conditions of supervision, as defined by the department, 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 earned early release time.
(5) The length of the work ethic camp program shall be at least one hundred twenty days and not more than one hundred eighty days. Because of the conversion ratio, earned early release time shall not accrue to offenders who successfully complete the program.
(6) During the last two weeks prior to release from the work ethic camp program the department shall provide the offender with comprehensive transition training.
NEW SECTION. Sec. 29. The work ethic camp shall employ one hundred percent of all inmates. The employment options available for inmates shall include meaningful work opportunities that provide the offender with real-world skills that help the offender find employment when he or she successfully completes the work ethic camp program. The department shall include in the work ethic camp program, without limitation, class I, class II, and class IV correctional programs. No more than thirty-five percent of the total inmate population in the facility shall be employed in class III correctional industries programs in the first year and thereafter ten percent less per year until a maximum of ten percent of the inmates are working in this employment class. In addition, work options shall also include department-supervised work crews as defined by the department. These work crews shall have the ability to work on public roads conducting litter control, minor emergency repair or other minor tasks that do not negatively impact employment opportunities for people with developmental disabilities contracted through the operation of sheltered workshops as defined in RCW 82.04.385, or have a negative impact on the local labor market or local business community as assessed by the department correctional industries advisory board of directors. The department shall establish, to the extent possible, programs that will positively impact our natural environment such as, but not limited to, recycling programs and minor environmental cleanup programs. If the department is directed by the legislature to increase the percentage of inmates employed in correctional industries programs, inmates employed through work ethic camps shall not be counted towards this total percentage.
NEW SECTION. Sec. 30. The work ethic camp program established in sections 26 through 30 of this act shall be considered a pilot alternative incarceration program and remain in effect until July 1, 1998. The department and the office of financial management shall monitor and analyze the effectiveness of the incarceration program and complete a final outcome evaluation study by January 15, 1998. The study shall include: The recidivism rates of successful program graduates, analysis of the overall program costs, the ability to maintain public safety, and any other pertinent data established by the department. The department may encourage interested universities to participate in studies that will enhance the effectiveness of the program.
The department of corrections shall seek the availability of federal funds for the planning, implementation, evaluation, and training of staff for work ethic camp programs, substance abuse programs, and offender education programs.
NEW SECTION. Sec. 31. Sections 26 through 30 of this act are each added to chapter 72.09 RCW.
NEW SECTION. Sec. 32. 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. 33. Sections 19 and 20 of this act shall not take effect unless the Washington state supreme court in a final decision holds that civil commitment of sexually violent predators under chapter 71.09 RCW is unconstitutional. If the Washington state supreme court holds in a final decision that civil commitment of sexually violent predators under chapter 71.09 RCW is unconstitutional, sections 19 and 20 of this act shall take effect on the date that the Washington state supreme court issues its final decision. Sections 19 and 20 of this act shall apply to all sexually violent crimes committed on or after the effective date of sections 19 and 20 of this act.
NEW SECTION. Sec. 34. 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 shall take effect July 1, 1993, except for sections 19 and 20 of this act, which shall take effect pursuant to section 33 of this act.
NEW SECTION. Sec. 35. The sum of two million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending July 1, 1995, from the state general fund to the department of corrections for the purposes of section 15 of this act. Expenditure of each three dollars from this appropriation shall be matched by at least one dollar from other funding sources available to counties."
--- END ---