5451-S2.E AMH MYEH PERR 02 [02]

E2SSB 5451 - H AMDS TO H AMD 000683 (5451-S2.E AMH .... H2634.1)

By Representatives H. Myers, Morris and Long

On page 20, line 16 after "placement" strike everything through "sentence" on page 20, line 25 and insert "((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))"

On page 20, line 32 after "longer." insert the following:

"(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)"

Reletter the remaining subsections accordingly

On page 20, line 32 after "placement" insert "under this subsection (10)"

On page 20, line 36 after "subsection" insert "(10)"

On page 35, after line 10 insert a section to read as follows:

"Sec. 14. 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."

Renumber the remaining sections accordingly.