AN
ACT Relating to methamphetamine; amending RCW 70.105D.070; reenacting and
amending RCW 9.94A.030; and creating a new section.
*Sec.
1.
RCW 9.94A.030 and 1997 c 365 s 1, 1997 c 340 s 4, 1997 c 339 s 1, 1997 c 338 s
2, 1997 c 144 s 1, and 1997 c 70 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 (6), (8), or (10) 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 16.52.200(6) or
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. Upon conviction for vehicular
assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b),
or vehicular homicide while under the influence of intoxicating liquor or any
drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment
to a public agency of the expense of an emergency response to the incident resulting
in the conviction, subject to the provisions in RCW 38.52.430.
(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. However, affirmative acts
necessary to monitor compliance with the order of a court may be required by
the department.
(12)
"Criminal history" means the list of a defendant's prior convictions
and juvenile adjudications, whether in this state, in federal court, or
elsewhere. The history shall include, where known, for each conviction (a)
whether the defendant has been placed on probation and the length and terms
thereof; and (b) whether the defendant has been incarcerated and the length of
incarceration.
(13)
"Day fine" means a fine imposed by the sentencing judge that equals
the difference between the offender's net daily income and the reasonable
obligations that the offender has for the support of the offender and any
dependents.
(14)
"Day reporting" means a program of enhanced supervision designed to
monitor the defendant's daily activities and compliance with sentence
conditions, and in which the defendant is required to report daily to a
specific location designated by the department or the sentencing judge.
(15)
"Department" means the department of corrections.
(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.
(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.
(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.
(19)
"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.
(20)
"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.
(21)
"Fines" means the requirement that the offender pay a specific sum of
money over a specific period of time to the court.
(22)
"First-time offender" means any person who is convicted of a felony
(a) not classified as a violent offense or a sex offense under this chapter, or
(b) 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, nor the manufacture, delivery, or possession with
intent to deliver methamphetamine, its salts, isomers, and salts of its isomers
as defined in RCW 69.50.206(d)(2), nor the selling for profit of any controlled
substance or counterfeit substance classified in schedule I, RCW 69.50.204,
except leaves and flowering tops of marihuana, 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.
(23)
"Most serious offense" means any of the following felonies or a
felony attempt to commit any of the following felonies, as now existing or
hereafter amended:
(a)
Any felony defined under any law as a class A felony or criminal solicitation
of or criminal conspiracy to commit a class A felony;
(b)
Assault in the second degree;
(c)
Assault of a child in the second degree;
(d)
Child molestation in the second degree;
(e)
Controlled substance homicide;
(f)
Extortion in the first degree;
(g)
Incest when committed against a child under age fourteen;
(h)
Indecent liberties;
(i)
Kidnapping in the second degree;
(j)
Leading organized crime;
(k)
Manslaughter in the first degree;
(l)
Manslaughter in the second degree;
(m)
Manufacture or possession of ephedrine or pseudoephedrine with intent to
manufacture methamphetamine in or near a residence in which a minor or a
pregnant woman resides;
(n)
Promoting prostitution in the first degree;
(((n)))
(o) Rape in the third degree;
(((o)))
(p) Robbery in the second degree;
(((p)))
(q) Sexual exploitation;
(((q)))
(r) Vehicular assault;
(((r)))
(s) 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;
(((s)))
(t) Any other class B felony offense with a finding of sexual
motivation, as "sexual motivation" is defined under this section;
(((t)))
(u) Any other felony with a deadly weapon verdict under RCW 9.94A.125;
(((u)))
(v) Any felony offense in effect at any time prior to December 2, 1993,
that is comparable to a most serious offense under this subsection, or any
federal or out-of-state conviction for an offense that under the laws of this
state would be a felony classified as a most serious offense under this
subsection;
(((v)))
(w)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1)
(a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until
July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1,
1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed
from June 11, 1986, until July 1, 1988;
(ii)
A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it
existed from June 11, 1986, until July 1, 1988, if: (A) The crime was
committed against a child under the age of fourteen; or (B) the relationship
between the victim and perpetrator is included in the definition of indecent
liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through
July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993,
through July 27, 1997.
(24)
"Nonviolent offense" means an offense which is not a violent offense.
(25)
"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 is under superior court jurisdiction under RCW 13.04.030
or 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.
(26)
"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.
(27)
"Persistent offender" is an offender who:
(a)(i)
Has been convicted in this state of any felony considered a most serious
offense; and
(ii)
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 be
considered most serious offenses and would be included in the offender score
under RCW 9.94A.360; provided that of the two or more previous convictions, at
least one conviction must have occurred before the commission of any of the
other most serious offenses for which the offender was previously convicted; or
(b)(i)
Has been convicted of: (A) Rape in the first degree, rape of a child in the
first degree, child molestation in the first degree, rape in the second degree,
rape of a child in the second degree, or indecent liberties by forcible
compulsion; (B) murder in the first degree, murder in the second degree,
homicide by abuse, kidnapping in the first degree, kidnapping in the second
degree, assault in the first degree, assault in the second degree, assault of a
child in the first degree, or burglary in the first degree, with a finding of
sexual motivation; or (C) an attempt to commit any crime listed in this
subsection (27)(b)(i); and
(ii)
Has, before the commission of the offense under (b)(i) of this subsection, been
convicted as an offender on at least one occasion, whether in this state or
elsewhere, of an offense listed in (b)(i) of this subsection. A conviction for
rape of a child in the first degree constitutes a conviction under subsection
(27)(b)(i) only when the offender was sixteen years of age or older when the
offender committed the offense. A conviction for rape of a child in the second
degree constitutes a conviction under subsection (27)(b)(i) only when the
offender was eighteen years of age or older when the offender committed the
offense.
(28)
"Postrelease supervision" is that portion of an offender's community
placement that is not community custody.
(29)
"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.
(30)
"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.
(31)
"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,
manslaughter in the first 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, 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.
(32)
"Sentence range" means the sentencing court's discretionary range in
imposing a nonappealable sentence.
(33)
"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 a felony 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 13.40.135;
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.
(34)
"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.
(35)
"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.
(36)
"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.
(37)
"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.
(38)
"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, drive-by shooting, 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.
(39)
"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 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 (33) of this section are not eligible for
the work crew program.
(40)
"Work ethic camp" means an alternative incarceration program designed
to reduce recidivism and lower the cost of corrections by requiring offenders
to complete a comprehensive array of real-world job and vocational experiences,
character-building work ethics training, life management skills development,
substance abuse rehabilitation, counseling, literacy training, and basic adult
education.
(41)
"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.
(42)
"Home detention" means a program of partial confinement available to
offenders wherein the offender is confined in a private residence subject to
electronic surveillance.
*Sec. 1 was vetoed. See message at end of chapter.
Sec.
2. RCW
70.105D.070 and 1997 c 406 s 5 are each amended to read as follows:
(1)
The state toxics control account and the local toxics control account are
hereby created in the state treasury.
(2)
The following moneys shall be deposited into the state toxics control account:
(a) Those revenues which are raised by the tax imposed under RCW 82.21.030 and
which are attributable to that portion of the rate equal to thirty-three
one-hundredths of one percent; (b) the costs of remedial actions recovered
under this chapter or chapter 70.105A RCW; (c) penalties collected or recovered
under this chapter; and (d) any other money appropriated or transferred to the
account by the legislature. Moneys in the account may be used only to carry
out the purposes of this chapter, including but not limited to the following
activities:
(i)
The state's responsibility for hazardous waste planning, management,
regulation, enforcement, technical assistance, and public education required
under chapter 70.105 RCW;
(ii)
The state's responsibility for solid waste planning, management, regulation,
enforcement, technical assistance, and public education required under chapter
70.95 RCW;
(iii)
The hazardous waste cleanup program required under this chapter;
(iv)
State matching funds required under the federal cleanup law;
(v)
Financial assistance for local programs in accordance with chapters 70.95,
70.95C, 70.95I, and 70.105 RCW;
(vi)
State government programs for the safe reduction, recycling, or disposal of
hazardous wastes from households, small businesses, and agriculture;
(vii)
Hazardous materials emergency response training;
(viii)
Water and environmental health protection and monitoring programs;
(ix)
Programs authorized under chapter 70.146 RCW;
(x)
A public participation program, including regional citizen advisory committees;
(xi)
Public funding to assist potentially liable persons to pay for the costs of
remedial action in compliance with cleanup standards under RCW
70.105D.030(2)(e) but only when the amount and terms of such funding are
established under a settlement agreement under RCW 70.105D.040(4) and when the
director has found that the funding will achieve both (A) a substantially more
expeditious or enhanced cleanup than would otherwise occur, and (B) the
prevention or mitigation of unfair economic hardship; and
(xii)
Development and demonstration of alternative management technologies designed
to carry out the top two hazardous waste management priorities of RCW
70.105.150.
(3)
The following moneys shall be deposited into the local toxics control account:
Those revenues which are raised by the tax imposed under RCW 82.21.030 and
which are attributable to that portion of the rate equal to thirty-seven
one-hundredths of one percent.
(a)
Moneys deposited in the local toxics control account shall be used by the
department for grants or loans to local governments for the following purposes
in descending order of priority: (i) Remedial actions; (ii) hazardous waste
plans and programs under chapter 70.105 RCW; ((and)) (iii) solid waste
plans and programs under chapters 70.95, 70.95C, 70.95I, and 70.105 RCW; and
(iv) funds for a program to assist in the assessment and cleanup of sites of
methamphetamine production, but not to be used for the initial containment of
such sites, consistent with the responsibilities and intent of RCW 69.50.511.
Funds for plans and programs shall be allocated consistent with the priorities
and matching requirements established in chapters 70.105, 70.95C, 70.95I, and
70.95 RCW.
(b)
Funds may also be appropriated to the department of health to implement
programs to reduce testing requirements under the federal safe drinking water
act for public water systems. The department of health shall reimburse the
account from fees assessed under RCW 70.119A.115 by June 30, 1995.
(4)
Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys
in the state and local toxics control accounts may be spent only after
appropriation by statute.
(5)
One percent of the moneys deposited into the state and local toxics control
accounts shall be allocated only for public participation grants to persons who
may be adversely affected by a release or threatened release of a hazardous
substance and to not-for-profit public interest organizations. The primary
purpose of these grants is to facilitate the participation by persons and
organizations in the investigation and remedying of releases or threatened
releases of hazardous substances and to implement the state's solid and
hazardous waste management priorities. No grant may exceed sixty thousand
dollars. Grants may be renewed annually. Moneys appropriated for public
participation from either account which are not expended at the close of any
biennium shall revert to the state toxics control account.
(6)
No moneys deposited into either the state or local toxics control account may
be used for solid waste incinerator feasibility studies, construction,
maintenance, or operation.
(7)
The department shall adopt rules for grant or loan issuance and performance.
NEW
SECTION. Sec. 1. If
this act mandates an increased level of service by local governments, the local
government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for
reimbursement by the legislature. The claims shall be subject to verification
by the office of financial management.
