HB 3317 -
By Committee on Judiciary
ADOPTED AS AMENDED 03/07/06
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 46.61.502 and 1998 c 213 s 3 are each amended to read
as follows:
(1) A person is guilty of driving while under the influence of
intoxicating liquor or any drug if the person drives a vehicle within
this state:
(a) And the person has, within two hours after driving, an alcohol
concentration of 0.08 or higher as shown by analysis of the person's
breath or blood made under RCW 46.61.506; or
(b) While the person is under the influence of or affected by
intoxicating liquor or any drug; or
(c) While the person is under the combined influence of or affected
by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section
is or has been entitled to use a drug under the laws of this state
shall not constitute a defense against a charge of violating this
section.
(3) It is an affirmative defense to a violation of subsection
(1)(a) of this section which the defendant must prove by a
preponderance of the evidence that the defendant consumed a sufficient
quantity of alcohol after the time of driving and before the
administration of an analysis of the person's breath or blood to cause
the defendant's alcohol concentration to be 0.08 or more within two
hours after driving. The court shall not admit evidence of this
defense unless the defendant notifies the prosecution prior to the
omnibus or pretrial hearing in the case of the defendant's intent to
assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two
hours after the alleged driving may be used as evidence that within two
hours of the alleged driving, a person had an alcohol concentration of
0.08 or more in violation of subsection (1)(a) of this section, and in
any case in which the analysis shows an alcohol concentration above
0.00 may be used as evidence that a person was under the influence of
or affected by intoxicating liquor or any drug in violation of
subsection (1)(b) or (c) of this section.
(5) Except as provided in subsection (6) of this section, a
violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or
chapter 13.40 RCW if the person is a juvenile, if: (a) The person has
four or more prior offenses within ten years as defined in RCW
46.61.5055; or (b) the person has ever previously been convicted of
vehicular homicide while under the influence of intoxicating liquor or
any drug, RCW 46.61.520(1)(a), or vehicular assault while under the
influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b).
Sec. 2 RCW 46.61.504 and 1998 c 213 s 5 are each amended to read
as follows:
(1) A person is guilty of being in actual physical control of a
motor vehicle while under the influence of intoxicating liquor or any
drug if the person has actual physical control of a vehicle within this
state:
(a) And the person has, within two hours after being in actual
physical control of the vehicle, an alcohol concentration of 0.08 or
higher as shown by analysis of the person's breath or blood made under
RCW 46.61.506; or
(b) While the person is under the influence of or affected by
intoxicating liquor or any drug; or
(c) While the person is under the combined influence of or affected
by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section
is or has been entitled to use a drug under the laws of this state does
not constitute a defense against any charge of violating this section.
No person may be convicted under this section if, prior to being
pursued by a law enforcement officer, the person has moved the vehicle
safely off the roadway.
(3) It is an affirmative defense to a violation of subsection
(1)(a) of this section which the defendant must prove by a
preponderance of the evidence that the defendant consumed a sufficient
quantity of alcohol after the time of being in actual physical control
of the vehicle and before the administration of an analysis of the
person's breath or blood to cause the defendant's alcohol concentration
to be 0.08 or more within two hours after being in such control. The
court shall not admit evidence of this defense unless the defendant
notifies the prosecution prior to the omnibus or pretrial hearing in
the case of the defendant's intent to assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two
hours after the alleged being in actual physical control of a vehicle
may be used as evidence that within two hours of the alleged being in
such control, a person had an alcohol concentration of 0.08 or more in
violation of subsection (1)(a) of this section, and in any case in
which the analysis shows an alcohol concentration above 0.00 may be
used as evidence that a person was under the influence of or affected
by intoxicating liquor or any drug in violation of subsection (1)(b) or
(c) of this section.
(5) Except as provided in subsection (6) of this section, a
violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or
chapter 13.40 RCW if the person is a juvenile, if: (a) The person has
four or more prior offenses within ten years as defined in RCW
46.61.5055; or (b) the person has ever previously been convicted of
vehicular homicide while under the influence of intoxicating liquor or
any drug, RCW 46.61.520(1)(a), or vehicular assault while under the
influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b).
Sec. 3 RCW 46.61.5055 and 2004 c 95 s 13 are each amended to read
as follows:
(1) Except as provided in RCW 46.61.502(6) or 46.61.504(6), a
person who is convicted of a violation of RCW 46.61.502 or 46.61.504
and who has no prior offense within seven years shall be punished as
follows:
(a) In the case of a person whose alcohol concentration was less
than 0.15, or for whom for reasons other than the person's refusal to
take a test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than one day nor more than one
year. Twenty-four consecutive hours of the imprisonment may not be
suspended or deferred unless the court finds that the imposition of
this mandatory minimum sentence would impose a substantial risk to the
offender's physical or mental well-being. Whenever the mandatory
minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the
facts upon which the suspension or deferral is based. In lieu of the
mandatory minimum term of imprisonment required under this subsection
(1)(a)(i), the court may order not less than fifteen days of electronic
home monitoring. The offender shall pay the cost of electronic home
monitoring. The county or municipality in which the penalty is being
imposed shall determine the cost. The court may also require the
offender's electronic home monitoring device to include an alcohol
detection breathalyzer, and the court may restrict the amount of
alcohol the offender may consume during the time the offender is on
electronic home monitoring; and
(ii) By a fine of not less than three hundred fifty dollars nor
more than five thousand dollars. Three hundred fifty dollars of the
fine may not be suspended or deferred unless the court finds the
offender to be indigent; or
(b) In the case of a person whose alcohol concentration was at
least 0.15, or for whom by reason of the person's refusal to take a
test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than two days nor more than one
year. Two consecutive days of the imprisonment may not be suspended or
deferred unless the court finds that the imposition of this mandatory
minimum sentence would impose a substantial risk to the offender's
physical or mental well-being. Whenever the mandatory minimum sentence
is suspended or deferred, the court shall state in writing the reason
for granting the suspension or deferral and the facts upon which the
suspension or deferral is based. In lieu of the mandatory minimum term
of imprisonment required under this subsection (1)(b)(i), the court may
order not less than thirty days of electronic home monitoring. The
offender shall pay the cost of electronic home monitoring. The county
or municipality in which the penalty is being imposed shall determine
the cost. The court may also require the offender's electronic home
monitoring device to include an alcohol detection breathalyzer, and the
court may restrict the amount of alcohol the offender may consume
during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than five hundred dollars nor more than
five thousand dollars. Five hundred dollars of the fine may not be
suspended or deferred unless the court finds the offender to be
indigent.
(2) Except as provided in RCW 46.61.502(6) or 46.61.504(6), a
person who is convicted of a violation of RCW 46.61.502 or 46.61.504
and who has one prior offense within seven years shall be punished as
follows:
(a) In the case of a person whose alcohol concentration was less
than 0.15, or for whom for reasons other than the person's refusal to
take a test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than thirty days nor more than one
year and sixty days of electronic home monitoring. The offender shall
pay for the cost of the electronic monitoring. The county or
municipality where the penalty is being imposed shall determine the
cost. The court may also require the offender's electronic home
monitoring device include an alcohol detection breathalyzer, and may
restrict the amount of alcohol the offender may consume during the time
the offender is on electronic home monitoring. Thirty days of
imprisonment and sixty days of electronic home monitoring may not be
suspended or deferred unless the court finds that the imposition of
this mandatory minimum sentence would impose a substantial risk to the
offender's physical or mental well-being. Whenever the mandatory
minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the
facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than five hundred dollars nor more than
five thousand dollars. Five hundred dollars of the fine may not be
suspended or deferred unless the court finds the offender to be
indigent; or
(b) In the case of a person whose alcohol concentration was at
least 0.15, or for whom by reason of the person's refusal to take a
test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than forty-five days nor more than
one year and ninety days of electronic home monitoring. The offender
shall pay for the cost of the electronic monitoring. The county or
municipality where the penalty is being imposed shall determine the
cost. The court may also require the offender's electronic home
monitoring device include an alcohol detection breathalyzer, and may
restrict the amount of alcohol the offender may consume during the time
the offender is on electronic home monitoring. Forty-five days of
imprisonment and ninety days of electronic home monitoring may not be
suspended or deferred unless the court finds that the imposition of
this mandatory minimum sentence would impose a substantial risk to the
offender's physical or mental well-being. Whenever the mandatory
minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the
facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than seven hundred fifty dollars nor
more than five thousand dollars. Seven hundred fifty dollars of the
fine may not be suspended or deferred unless the court finds the
offender to be indigent.
(3) Except as provided in RCW 46.61.502(6) or 46.61.504(6), a
person who is convicted of a violation of RCW 46.61.502 or 46.61.504
and who has two or ((more)) three prior offenses within seven years
shall be punished as follows:
(a) In the case of a person whose alcohol concentration was less
than 0.15, or for whom for reasons other than the person's refusal to
take a test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than ninety days nor more than one
year and one hundred twenty days of electronic home monitoring. The
offender shall pay for the cost of the electronic monitoring. The
county or municipality where the penalty is being imposed shall
determine the cost. The court may also require the offender's
electronic home monitoring device include an alcohol detection
breathalyzer, and may restrict the amount of alcohol the offender may
consume during the time the offender is on electronic home monitoring.
Ninety days of imprisonment and one hundred twenty days of electronic
home monitoring may not be suspended or deferred unless the court finds
that the imposition of this mandatory minimum sentence would impose a
substantial risk to the offender's physical or mental well-being.
Whenever the mandatory minimum sentence is suspended or deferred, the
court shall state in writing the reason for granting the suspension or
deferral and the facts upon which the suspension or deferral is based;
and
(ii) By a fine of not less than one thousand dollars nor more than
five thousand dollars. One thousand dollars of the fine may not be
suspended or deferred unless the court finds the offender to be
indigent; or
(b) In the case of a person whose alcohol concentration was at
least 0.15, or for whom by reason of the person's refusal to take a
test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than one hundred twenty days nor
more than one year and one hundred fifty days of electronic home
monitoring. The offender shall pay for the cost of the electronic
monitoring. The county or municipality where the penalty is being
imposed shall determine the cost. The court may also require the
offender's electronic home monitoring device include an alcohol
detection breathalyzer, and may restrict the amount of alcohol the
offender may consume during the time the offender is on electronic home
monitoring. One hundred twenty days of imprisonment and one hundred
fifty days of electronic home monitoring may not be suspended or
deferred unless the court finds that the imposition of this mandatory
minimum sentence would impose a substantial risk to the offender's
physical or mental well-being. Whenever the mandatory minimum sentence
is suspended or deferred, the court shall state in writing the reason
for granting the suspension or deferral and the facts upon which the
suspension or deferral is based; and
(ii) By a fine of not less than one thousand five hundred dollars
nor more than five thousand dollars. One thousand five hundred dollars
of the fine may not be suspended or deferred unless the court finds the
offender to be indigent.
(4) A person who is convicted of a violation of RCW 46.61.502 or
46.61.504 and who has four or more prior offenses within ten years, or
who has ever previously been convicted of a violation of RCW 46.61.520
committed while under the influence of intoxicating liquor or any drug
or RCW 46.61.522 committed while under the influence of intoxicating
liquor or any drug, shall be punished in accordance with chapter 9.94A
RCW.
(5) If a person who is convicted of a violation of RCW 46.61.502 or
46.61.504 committed the offense while a passenger under the age of
sixteen was in the vehicle, the court shall:
(a) In any case in which the installation and use of an interlock
or other device is not mandatory under RCW 46.20.720 or other law,
order the use of such a device for not less than sixty days following
the restoration of the person's license, permit, or nonresident driving
privileges; and
(b) In any case in which the installation and use of such a device
is otherwise mandatory, order the use of such a device for an
additional sixty days.
(((5))) (6) In exercising its discretion in setting penalties
within the limits allowed by this section, the court shall particularly
consider the following:
(a) Whether the person's driving at the time of the offense was
responsible for injury or damage to another or another's property; and
(b) Whether at the time of the offense the person was driving or in
physical control of a vehicle with one or more passengers.
(((6))) (7) An offender punishable under this section is subject to
the alcohol assessment and treatment provisions of RCW 46.61.5056.
(((7))) (8) The license, permit, or nonresident privilege of a
person convicted of driving or being in physical control of a motor
vehicle while under the influence of intoxicating liquor or drugs must:
(a) If the person's alcohol concentration was less than 0.15, or if
for reasons other than the person's refusal to take a test offered
under RCW 46.20.308 there is no test result indicating the person's
alcohol concentration:
(i) Where there has been no prior offense within seven years, be
suspended or denied by the department for ninety days;
(ii) Where there has been one prior offense within seven years, be
revoked or denied by the department for two years; or
(iii) Where there have been two or more prior offenses within seven
years, be revoked or denied by the department for three years;
(b) If the person's alcohol concentration was at least 0.15:
(i) Where there has been no prior offense within seven years, be
revoked or denied by the department for one year;
(ii) Where there has been one prior offense within seven years, be
revoked or denied by the department for nine hundred days; or
(iii) Where there have been two or more prior offenses within seven
years, be revoked or denied by the department for four years; or
(c) If by reason of the person's refusal to take a test offered
under RCW 46.20.308, there is no test result indicating the person's
alcohol concentration:
(i) Where there have been no prior offenses within seven years, be
revoked or denied by the department for two years;
(ii) Where there has been one prior offense within seven years, be
revoked or denied by the department for three years; or
(iii) Where there have been two or more previous offenses within
seven years, be revoked or denied by the department for four years.
The department shall grant credit on a day-for-day basis for any
portion of a suspension, revocation, or denial already served under
this subsection for a suspension, revocation, or denial imposed under
RCW 46.20.3101 arising out of the same incident.
For purposes of this subsection (((7))) (8), the department shall
refer to the driver's record maintained under RCW 46.52.120 when
determining the existence of prior offenses.
(((8))) (9) After expiration of any period of suspension,
revocation, or denial of the offender's license, permit, or privilege
to drive required by this section, the department shall place the
offender's driving privilege in probationary status pursuant to RCW
46.20.355.
(((9))) (10)(a) In addition to any nonsuspendable and nondeferrable
jail sentence required by this section, whenever the court imposes less
than one year in jail, the court shall also suspend but shall not defer
a period of confinement for a period not exceeding five years. The
court shall impose conditions of probation that include: (i) Not
driving a motor vehicle within this state without a valid license to
drive and proof of financial responsibility for the future; (ii) not
driving a motor vehicle within this state while having an alcohol
concentration of 0.08 or more within two hours after driving; and (iii)
not refusing to submit to a test of his or her breath or blood to
determine alcohol concentration upon request of a law enforcement
officer who has reasonable grounds to believe the person was driving or
was in actual physical control of a motor vehicle within this state
while under the influence of intoxicating liquor. The court may impose
conditions of probation that include nonrepetition, installation of an
ignition interlock device on the probationer's motor vehicle, alcohol
or drug treatment, supervised probation, or other conditions that may
be appropriate. The sentence may be imposed in whole or in part upon
violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under
(a)(i), (ii), or (iii) of this subsection, the court shall order the
convicted person to be confined for thirty days, which shall not be
suspended or deferred.
(c) For each incident involving a violation of a mandatory
condition of probation imposed under this subsection, the license,
permit, or privilege to drive of the person shall be suspended by the
court for thirty days or, if such license, permit, or privilege to
drive already is suspended, revoked, or denied at the time the finding
of probation violation is made, the suspension, revocation, or denial
then in effect shall be extended by thirty days. The court shall
notify the department of any suspension, revocation, or denial or any
extension of a suspension, revocation, or denial imposed under this
subsection.
(((10))) (11) A court may waive the electronic home monitoring
requirements of this chapter when:
(a) The offender does not have a dwelling, telephone service, or
any other necessity to operate an electronic home monitoring system;
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe that the
offender would violate the conditions of the electronic home monitoring
penalty.
Whenever the mandatory minimum term of electronic home monitoring
is waived, the court shall state in writing the reason for granting the
waiver and the facts upon which the waiver is based, and shall impose
an alternative sentence with similar punitive consequences. The
alternative sentence may include, but is not limited to, additional
jail time, work crew, or work camp.
Whenever the combination of jail time and electronic home
monitoring or alternative sentence would exceed three hundred sixty-
five days, the offender shall serve the jail portion of the sentence
first, and the electronic home monitoring or alternative portion of the
sentence shall be reduced so that the combination does not exceed three
hundred sixty-five days.
(((11))) (12) An offender serving a sentence under this section,
whether or not a mandatory minimum term has expired, may be granted an
extraordinary medical placement by the jail administrator subject to
the standards and limitations set forth in RCW 9.94A.728(4).
(((12))) (13) For purposes of this section and RCW 46.61.502 and
46.61.504:
(a) A "prior offense" means any of the following:
(i) A conviction for a violation of RCW 46.61.502 or an equivalent
local ordinance;
(ii) A conviction for a violation of RCW 46.61.504 or an equivalent
local ordinance;
(iii) A conviction for a violation of RCW 46.61.520 committed while
under the influence of intoxicating liquor or any drug;
(iv) A conviction for a violation of RCW 46.61.522 committed while
under the influence of intoxicating liquor or any drug;
(v) A conviction for a violation of RCW 46.61.5249, 46.61.500, or
9A.36.050 or an equivalent local ordinance, if the conviction is the
result of a charge that was originally filed as a violation of RCW
46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW
46.61.520 or 46.61.522;
(vi) An out-of-state conviction for a violation that would have
been a violation of (a)(i), (ii), (iii), (iv), or (v) of this
subsection if committed in this state;
(vii) A deferred prosecution under chapter 10.05 RCW granted in a
prosecution for a violation of RCW 46.61.502, 46.61.504, or an
equivalent local ordinance; or
(viii) A deferred prosecution under chapter 10.05 RCW granted in a
prosecution for a violation of RCW 46.61.5249, or an equivalent local
ordinance, if the charge under which the deferred prosecution was
granted was originally filed as a violation of RCW 46.61.502 or
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or
46.61.522; and
(b) "Within seven years" means that the arrest for a prior offense
occurred within seven years of the arrest for the current offense.
NEW SECTION. Sec. 4 A new section is added to chapter 9.94A RCW
to read as follows:
(1) When sentencing an offender convicted of a violation of RCW
46.61.502(6) or 46.61.504(6), the court, in addition to imposing the
provisions of this chapter, shall order the offender to undergo alcohol
or chemical dependency treatment services during incarceration. The
offender shall be liable for the cost of treatment unless the court
finds the offender indigent and no third-party insurance coverage is
available.
(2) The provisions under RCW 46.61.5055 (8) and (9) regarding the
suspension, revocation, or denial of the offender's license, permit, or
nonresident privilege to drive shall apply to an offender convicted of
a violation of RCW 46.61.502(6) or 46.61.504(6).
(3) The provisions under RCW 46.20.720 and 46.61.5055(5) regarding
ignition interlock devices shall apply to an offender convicted of a
violation of RCW 46.61.502(6) or 46.61.504(6).
Sec. 5 RCW 9.94A.030 and 2003 c 53 s 55 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Board" means the indeterminate sentence review board created
under chapter 9.95 RCW.
(2) "Collect," or any derivative thereof, "collect and remit," or
"collect and deliver," when used with reference to the department,
means that the department, either directly or through a collection
agreement authorized by RCW 9.94A.760, 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.
(3) "Commission" means the sentencing guidelines commission.
(4) "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.
(5) "Community custody" means that portion of an offender's
sentence of confinement in lieu of earned release time or imposed
pursuant to RCW 9.94A.505(2)(b), 9.94A.650 through 9.94A.670,
9.94A.690, 9.94A.700 through 9.94A.715, or 9.94A.545, served in the
community subject to controls placed on the offender's movement and
activities by the department. For offenders placed on community
custody for crimes committed on or after July 1, 2000, the department
shall assess the offender's risk of reoffense and may establish and
modify conditions of community custody, in addition to those imposed by
the court, based upon the risk to community safety.
(6) "Community custody range" means the minimum and maximum period
of community custody included as part of a sentence under RCW
9.94A.715, as established by the commission or the legislature under
RCW 9.94A.850, for crimes committed on or after July 1, 2000.
(7) "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 release.
Community placement may consist of entirely community custody, entirely
postrelease supervision, or a combination of the two.
(8) "Community restitution" means compulsory service, without
compensation, performed for the benefit of the community by the
offender.
(9) "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. Where the court finds that any offender has
a chemical dependency that has contributed to his or her offense, the
conditions of supervision may, subject to available resources, include
treatment. 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.
(10) "Confinement" means total or partial confinement.
(11) "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.
(12) "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.
(13) "Criminal history" means the list of a defendant's prior
convictions and juvenile adjudications, whether in this state, in
federal court, or elsewhere.
(a) 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) A conviction may be removed from a defendant's criminal history
only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 9.95.240, or
a similar out-of-state statute, or if the conviction has been vacated
pursuant to a governor's pardon.
(c) The determination of a defendant's criminal history is distinct
from the determination of an offender score. A prior conviction that
was not included in an offender score calculated pursuant to a former
version of the sentencing reform act remains part of the defendant's
criminal history.
(14) "Day fine" means a fine imposed by the sentencing court 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.
(15) "Day reporting" means a program of enhanced supervision
designed to monitor the offender's daily activities and compliance with
sentence conditions, and in which the offender is required to report
daily to a specific location designated by the department or the
sentencing court.
(16) "Department" means the department of corrections.
(17) "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 restitution work, or
dollars or terms of a legal financial obligation. The fact that an
offender through earned release can reduce the actual period of
confinement shall not affect the classification of the sentence as a
determinate sentence.
(18) "Disposable earnings" means that part of the earnings of an
offender 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.
(19) "Drug offender sentencing alternative" is a sentencing option
available to persons convicted of a felony offense other than a violent
offense or a sex offense and who are eligible for the option under RCW
9.94A.660.
(20) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of
a controlled substance (RCW 69.50.4013) 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.
(21) "Earned release" means earned release from confinement as
provided in RCW 9.94A.728.
(22) "Escape" means:
(a) Sexually violent predator escape (RCW 9A.76.115), 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.
(23) "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)), felony driving while
under the influence of intoxicating liquor or any drug (RCW
46.61.502(6)), or felony physical control of a vehicle while under the
influence of intoxicating liquor or any drug (RCW 46.61.504(6)); 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.
(24) "Fine" means a specific sum of money ordered by the sentencing
court to be paid by the offender to the court over a specific period of
time.
(25) "First-time offender" means any person who has no prior
convictions for a felony and is eligible for the first-time offender
waiver under RCW 9.94A.650.
(26) "Home detention" means a program of partial confinement
available to offenders wherein the offender is confined in a private
residence subject to electronic surveillance.
(27) "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 RCW 38.52.430.
(28) "Most serious offense" means any of the following felonies or
a felony attempt to commit any of the following felonies:
(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) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault, when caused by the operation or driving of
a vehicle by a person while under the influence of intoxicating liquor
or any drug or by the operation or driving of a vehicle in a reckless
manner;
(r) 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) Any other class B felony offense with a finding of sexual
motivation;
(t) Any other felony with a deadly weapon verdict under RCW
9.94A.602;
(u) 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)(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.
(29) "Nonviolent offense" means an offense which is not a violent
offense.
(30) "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.
(31) "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.
(32) "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.525; 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) any of the following
offenses with a finding of sexual motivation: 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; or (C) an attempt to commit
any crime listed in this subsection (32)(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 or any federal or out-of-state offense or offense under
prior Washington law that is comparable to the offenses listed in
(b)(i) of this subsection. A conviction for rape of a child in the
first degree constitutes a conviction under (b)(i) of this subsection
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 (b)(i) of this
subsection only when the offender was eighteen years of age or older
when the offender committed the offense.
(33) "Postrelease supervision" is that portion of an offender's
community placement that is not community custody.
(34) "Restitution" means a specific sum of money ordered by the
sentencing court to be paid by the offender to the court over a
specified period of time as payment of damages. The sum may include
both public and private costs.
(35) "Risk assessment" means the application of an objective
instrument supported by research and adopted by the department for the
purpose of assessing an offender's risk of reoffense, taking into
consideration the nature of the harm done by the offender, place and
circumstances of the offender related to risk, the offender's
relationship to any victim, and any information provided to the
department by victims. The results of a risk assessment shall not be
based on unconfirmed or unconfirmable allegations.
(36) "Serious traffic offense" means:
(a) Nonfelony driving while under the influence of intoxicating
liquor or any drug (RCW 46.61.502), nonfelony 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.
(37) "Serious violent offense" is a subcategory of violent offense
and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first degree; or
(ix) 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.
(38) "Sex offense" means:
(a)(i) A felony that is a violation of chapter 9A.44 RCW other than
RCW 9A.44.130(11);
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of chapter 9.68A RCW other than
RCW 9.68A.070 or 9.68A.080; or
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt,
criminal solicitation, or criminal conspiracy to commit such crimes;
(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 sex
offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under RCW
9.94A.835 or 13.40.135; or
(d) 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.
(39) "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.
(40) "Standard sentence range" means the sentencing court's
discretionary range in imposing a nonappealable sentence.
(41) "Statutory maximum sentence" means the maximum length of time
for which an offender may be confined as punishment for a crime as
prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the
crime, or other statute defining the maximum penalty for a crime.
(42) "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.
(43) "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.
(44) "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.
(45) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a class A felony or an
attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal conspiracy to commit a
class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault, when caused by the operation or driving
of a vehicle by a person while under the influence of intoxicating
liquor or any drug or by the operation or driving of a vehicle in a
reckless manner; and
(xiv) 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.
(46) "Work crew" means a program of partial confinement consisting
of civic improvement tasks for the benefit of the community that
complies with RCW 9.94A.725.
(47) "Work ethic camp" means an alternative incarceration program
as provided in RCW 9.94A.690 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.
(48) "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.
Sec. 6 RCW 9.94A.505 and 2002 c 290 s 17, 2002 c 289 s 6, and
2002 c 175 s 6 are each reenacted and amended to read as follows:
(1) When a person is convicted of a felony, the court shall impose
punishment as provided in this chapter.
(2)(a) The court shall impose a sentence as provided in the
following sections and as applicable in the case:
(i) Unless another term of confinement applies, the court shall
impose a sentence within the standard sentence range established in RCW
9.94A.510 or 9.94A.517;
(ii) RCW 9.94A.700 and 9.94A.705, relating to community placement;
(iii) RCW 9.94A.710 and 9.94A.715, relating to community custody;
(iv) RCW 9.94A.545, relating to community custody for offenders
whose term of confinement is one year or less;
(v) RCW 9.94A.570, relating to persistent offenders;
(vi) RCW 9.94A.540, relating to mandatory minimum terms;
(vii) RCW 9.94A.650, relating to the first-time offender waiver;
(viii) RCW 9.94A.660, relating to the drug offender sentencing
alternative;
(ix) RCW 9.94A.670, relating to the special sex offender sentencing
alternative;
(x) RCW 9.94A.712, relating to certain sex offenses;
(xi) RCW 9.94A.535, relating to exceptional sentences;
(xii) RCW 9.94A.589, relating to consecutive and concurrent
sentences;
(xiii) Section 4 of this act, relating to felony driving while
under the influence of intoxicating liquor or any drug and felony
physical control of a vehicle while under the influence of intoxicating
liquor or any drug.
(b) If a standard sentence range has not been established for the
offender's crime, the court shall impose a determinate sentence which
may include not more than one year of confinement; community
restitution work; until July 1, 2000, a term of community supervision
not to exceed one year and on and after July 1, 2000, a term of
community custody not to exceed one year, subject to conditions and
sanctions as authorized in RCW 9.94A.710 (2) and (3); and/or other
legal financial obligations. The court may impose a sentence which
provides more than one year of confinement if the court finds reasons
justifying an exceptional sentence as provided in RCW 9.94A.535.
(3) 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.
(4) If a sentence imposed includes payment of a legal financial
obligation, it shall be imposed as provided in RCW 9.94A.750,
9.94A.753, 9.94A.760, and 43.43.7541.
(5) Except as provided under RCW 9.94A.750(4) and 9.94A.753(4), a
court may not impose a sentence providing for a term of confinement or
community supervision, community placement, or community custody which
exceeds the statutory maximum for the crime as provided in chapter
9A.20 RCW.
(6) 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.
(7) The court shall order restitution as provided in RCW 9.94A.750
and 9.94A.753.
(8) As a part of any sentence, the court may impose and enforce
crime-related prohibitions and affirmative conditions as provided in
this chapter.
(9) The court may order an offender whose sentence includes
community placement or community supervision to undergo a mental status
evaluation and to participate in available outpatient mental health
treatment, if the court finds that reasonable grounds exist to believe
that the offender is a mentally ill person as defined in RCW 71.24.025,
and that this condition is likely to have influenced the offense. An
order requiring mental status evaluation or treatment must be based on
a presentence report and, if applicable, mental status evaluations that
have been filed with the court to determine the offender's competency
or eligibility for a defense of insanity. The court may order
additional evaluations at a later date if deemed appropriate.
(10) In any sentence of partial confinement, the court may require
the offender 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.
(11) In sentencing an offender convicted of a crime of domestic
violence, as defined in RCW 10.99.020, if the offender has a minor
child, or if the victim of the offense for which the offender was
convicted has a minor child, the court may, as part of any term of
community supervision, community placement, or community custody, order
the offender to participate in a domestic violence perpetrator program
approved under RCW 26.50.150.
Sec. 7 RCW 9.94A.525 and 2002 c 290 s 3 and 2002 c 107 s 3 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.589.
(2)(a) Class A and sex prior felony convictions shall always be
included in the offender score.
(b) 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 committing any crime that subsequently results in a conviction.
(c) Except as provided in (e) of this subsection, 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 committing any
crime that subsequently results in a conviction.
(d) Except as provided in (e) of this subsection, 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 committing any crime that subsequently results in a conviction.
(e) If the present conviction is felony driving while under the
influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or
felony physical control of a vehicle while under the influence of
intoxicating liquor or any drug (RCW 46.61.504(6)), prior convictions
of felony driving while under the influence of intoxicating liquor or
any drug, felony physical control of a vehicle while under the
influence of intoxicating liquor or any drug, and serious traffic
offenses shall be included in the offender score if: (i) The prior
convictions were committed within five years since the last date of
release from confinement (including full-time residential treatment) or
entry of judgment and sentence; or (ii) the prior convictions would be
considered "prior offenses within ten years" as defined in RCW
46.61.5055.
(f) 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. Federal convictions for offenses shall be
classified according to the comparable offense definitions and
sentences provided by Washington law. If there is no clearly
comparable offense under Washington law or the offense is one that is
usually considered subject to exclusive federal jurisdiction, the
offense shall be scored as a class C felony equivalent if it was a
felony under the relevant federal statute.
(4) Score prior convictions for felony anticipatory offenses
(attempts, criminal solicitations, and criminal conspiracies) the same
as if they were convictions for completed offenses.
(5)(a) In the case of multiple prior convictions, for the purpose
of computing the offender score, count all convictions separately,
except:
(i) Prior offenses which were found, under RCW 9.94A.589(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 or prior juvenile
offenses for which sentences were served consecutively, whether those
offenses shall be counted as one offense or as separate offenses using
the "same criminal conduct" analysis found in RCW 9.94A.589(1)(a), 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. The
current sentencing court may presume that such other prior offenses
were not the same criminal conduct from sentences imposed on separate
dates, or in separate counties or jurisdictions, or in separate
complaints, indictments, or informations;
(ii) 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.
(b) As used in this subsection (5), "served concurrently" means
that: (i) The latter sentence was imposed with specific reference to
the former; (ii) the concurrent relationship of the sentences was
judicially imposed; and (iii) the concurrent timing of the sentences
was not the result of a probation or parole revocation on the former
offense.
(6) 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.
When these convictions are used as criminal history, score them the
same as a completed crime.
(7) If the present conviction is for a nonviolent offense and not
covered by subsection (11) or (12) 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.
(8) If the present conviction is for a violent offense and not
covered in subsection (9), (10), (11), or (12) 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.
(9) If the present conviction is for a serious violent offense,
count three points for prior adult and juvenile convictions for crimes
in this category, 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.
(10) If the present conviction is for Burglary 1, count prior
convictions as in subsection (8) 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.
(11) 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 count
one point for each adult and 1/2 point for each juvenile prior
conviction; for each serious traffic offense, other than those used for
an enhancement pursuant to RCW 46.61.520(2), count one point for each
adult and 1/2 point for each juvenile prior conviction.
(12) If the present conviction is for manufacture of
methamphetamine count three points for each adult prior manufacture of
methamphetamine conviction and two points for each juvenile manufacture
of methamphetamine offense. If the present conviction is for a drug
offense and the offender has a criminal history that includes a sex
offense or serious violent 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 (8) of this section if the current drug offense is violent,
or as in subsection (7) of this section if the current drug offense is
nonviolent.
(13) If the present conviction is for 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.
(14) 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.
(15) If the present conviction is for Burglary 2 or residential
burglary, count priors as in subsection (7) 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.
(16) If the present conviction is for a sex offense, count priors
as in subsections (7) through (15) of this section; however count three
points for each adult and juvenile prior sex offense conviction.
(17) If the present conviction is for an offense committed while
the offender was under community placement, add one point.
(18) The fact that a prior conviction was not included in an
offender's offender score or criminal history at a previous sentencing
shall have no bearing on whether it is included in the criminal history
or offender score for the current offense. Accordingly, prior
convictions that were not counted in the offender score or included in
criminal history under repealed or previous versions of the sentencing
reform act shall be included in criminal history and shall count in the
offender score if the current version of the sentencing reform act
requires including or counting those convictions.
Sec. 8 RCW 9.94A.640 and 1987 c 486 s 7 are each amended to read
as follows:
(1) Every offender who has been discharged under RCW 9.94A.637 may
apply to the sentencing court for a vacation of the offender's record
of conviction. If the court finds the offender meets the tests
prescribed in subsection (2) of this section, the court may clear the
record of conviction by: (a) Permitting the offender to withdraw the
offender's plea of guilty and to enter a plea of not guilty; or (b) if
the offender has been convicted after a plea of not guilty, by the
court setting aside the verdict of guilty; and (c) by the court
dismissing the information or indictment against the offender.
(2) An offender may not have the record of conviction cleared if:
(a) There are any criminal charges against the offender pending in any
court of this state or another state, or in any federal court; (b) the
offense was a violent offense as defined in RCW 9.94A.030; (c) the
offense was a crime against persons as defined in RCW 43.43.830; (d)
the offender has been convicted of a new crime in this state, another
state, or federal court since the date of the offender's discharge
under RCW 9.94A.637; (e) the offense is a class B felony and less than
ten years have passed since the date the applicant was discharged under
RCW 9.94A.637; ((and)) (f) the offense was a class C felony, other than
a class C felony described in RCW 46.61.502(6) or 46.61.504(6), and
less than five years have passed since the date the applicant was
discharged under RCW 9.94A.637; or (g) the offense was a class C felony
described in RCW 46.61.502(6) or 46.61.504(6) and less than ten years
have passed since the applicant was discharged under RCW 9.94A.637.
(3) Once the court vacates a record of conviction under subsection
(1) of this section, the fact that the offender has been convicted of
the offense shall not be included in the offender's criminal history
for purposes of determining a sentence in any subsequent conviction,
and the offender shall be released from all penalties and disabilities
resulting from the offense. For all purposes, including responding to
questions on employment applications, an offender whose conviction has
been vacated may state that the offender has never been convicted of
that crime. Nothing in this section affects or prevents the use of an
offender's prior conviction in a later criminal prosecution.
Sec. 9 RCW 9.94A.650 and 2002 c 175 s 9 are each amended to read
as follows:
(1) This section applies to offenders who have never been
previously convicted of a felony in this state, federal court, or
another state, and who have never participated in a program of deferred
prosecution for a felony, and who are convicted of a felony that is
not:
(a) Classified as a violent offense or a sex offense under this
chapter;
(b) 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 flunitrazepam classified in Schedule IV;
(c) Manufacture, delivery, or possession with intent to deliver a
methamphetamine, its salts, isomers, and salts of its isomers as
defined in RCW 69.50.206(d)(2); ((or))
(d) 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; or
(e) Felony driving while under the influence of intoxicating liquor
or any drug or felony physical control of a vehicle while under the
influence of intoxicating liquor or any drug.
(2) In sentencing a first-time offender the court may waive the
imposition of a sentence within the standard sentence range and impose
a sentence which may include up to ninety days of confinement in a
facility operated or utilized under contract by the county and a
requirement that the offender refrain from committing new offenses.
The sentence may also include a term of community supervision or
community custody as specified in subsection (3) of this section,
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 the period
specified in subsection (3) of this section, 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
community corrections officer prior to any change in the offender's
address or employment;
(e) Report as directed to a community corrections officer; or
(f) Pay all court-ordered legal financial obligations as provided
in RCW 9.94A.030 and/or perform community restitution work.
(3) The terms and statuses applicable to sentences under subsection
(2) of this section are:
(a) For sentences imposed on or after July 25, 1999, for crimes
committed before July 1, 2000, up to one year of community supervision.
If treatment is ordered, the period of community supervision may
include up to the period of treatment, but shall not exceed two years;
and
(b) For crimes committed on or after July 1, 2000, up to one year
of community custody unless treatment is ordered, in which case the
period of community custody may include up to the period of treatment,
but shall not exceed two years. Any term of community custody imposed
under this section is subject to conditions and sanctions as authorized
in this section and in RCW 9.94A.715 (2) and (3).
(4) The department shall discharge from community supervision any
offender sentenced under this section before July 25, 1999, who has
served at least one year of community supervision and has completed any
treatment ordered by the court.
Sec. 10 RCW 9.94A.660 and 2005 c 460 s 1 are each amended to read
as follows:
(1) An offender is eligible for the special drug offender
sentencing alternative if:
(a) The offender is convicted of a felony that is not a violent
offense or sex offense and the violation does not involve a sentence
enhancement under RCW 9.94A.533 (3) or (4);
(b) The offender is convicted of a felony that is not a felony
driving while under the influence of intoxicating liquor or any drug
under RCW 46.61.502(6) or felony physical control of a vehicle while
under the influence of intoxicating liquor or any drug under RCW
46.61.504(6);
(c) The offender has no current or prior convictions for a sex
offense at any time or violent offense within ten years before
conviction of the current offense, in this state, another state, or the
United States;
(((c))) (d) For a violation of the Uniform Controlled Substances
Act under chapter 69.50 RCW or a criminal solicitation to commit such
a violation under chapter 9A.28 RCW, the offense involved only a small
quantity of the particular controlled substance as determined by the
judge upon consideration of such factors as the weight, purity,
packaging, sale price, and street value of the controlled substance;
(((d))) (e) The offender has not been found by the United States
attorney general to be subject to a deportation detainer or order and
does not become subject to a deportation order during the period of the
sentence;
(((e))) (f) The standard sentence range for the current offense is
greater than one year; and
(((f))) (g) The offender has not received a drug offender
sentencing alternative more than once in the prior ten years before the
current offense.
(2) A motion for a sentence under this section may be made by the
court, the offender, or the state. If the sentencing court determines
that the offender is eligible for this alternative, the court may order
an examination of the offender. The examination shall, at a minimum,
address the following issues:
(a) Whether the offender suffers from drug addiction;
(b) Whether the addiction is such that there is a probability that
criminal behavior will occur in the future;
(c) Whether effective treatment for the offender's addiction is
available from a provider that has been licensed or certified by the
division of alcohol and substance abuse of the department of social and
health services; and
(d) Whether the offender and the community will benefit from the
use of the alternative.
(3) The examination report must contain:
(a) Information on the issues required to be addressed in
subsection (2) of this section; and
(b) A proposed treatment plan that must, at a minimum, contain:
(i) A proposed treatment provider that has been licensed or
certified by the division of alcohol and substance abuse of the
department of social and health services;
(ii) The recommended frequency and length of treatment, including
both residential chemical dependency treatment and treatment in the
community;
(iii) A proposed monitoring plan, including any requirements
regarding living conditions, lifestyle requirements, and monitoring by
family members and others; and
(iv) Recommended crime-related prohibitions and affirmative
conditions.
(4) After receipt of the examination report, if the court
determines that a sentence under this section is appropriate, the court
shall waive imposition of a sentence within the standard sentence range
and impose a sentence consisting of either a prison-based alternative
under subsection (5) of this section or a residential chemical
dependency treatment-based alternative under subsection (6) of this
section. The residential chemical dependency treatment-based
alternative is only available if the midpoint of the standard range is
twenty-four months or less.
(5) The prison-based alternative shall include:
(a) A period of total confinement in a state facility for one-half
of the midpoint of the standard sentence range. During incarceration
in the state facility, offenders sentenced under this subsection shall
undergo a comprehensive substance abuse assessment and receive, within
available resources, treatment services appropriate for the offender.
The treatment services shall be designed by the division of alcohol and
substance abuse of the department of social and health services, in
cooperation with the department of corrections;
(b) The remainder of the midpoint of the standard range as a term
of community custody which must include appropriate substance abuse
treatment in a program that has been approved by the division of
alcohol and substance abuse of the department of social and health
services. If the department finds that conditions have been willfully
violated, the offender may be reclassified to serve the remaining
balance of the original sentence. An offender who fails to complete
the program or who is administratively terminated from the program
shall be reclassified to serve the unexpired term of his or her
sentence as ordered by the sentencing court;
(c) Crime-related prohibitions including a condition not to use
illegal controlled substances;
(d) A requirement to submit to urinalysis or other testing to
monitor that status; and
(e) A term of community custody pursuant to RCW 9.94A.715 to be
imposed upon failure to complete or administrative termination from the
special drug offender sentencing alternative program.
(6) The residential chemical dependency treatment-based alternative
shall include:
(a) A term of community custody equal to one-half of the midpoint
of the standard sentence range or two years, whichever is greater,
conditioned on the offender entering and remaining in residential
chemical dependency treatment certified under chapter 70.96A RCW for a
period set by the court between three and six months. If the court
imposes a term of community custody, the department shall, within
available resources, make chemical dependency assessment and treatment
services available to the offender during the term of community
custody. The court shall impose, as conditions of community custody,
treatment and other conditions as proposed in the plan under subsection
(3)(b) of this section. The department may impose conditions and
sanctions as authorized in RCW 9.94A.715 (2), (3), (6), and (7),
9.94A.737, and 9.94A.740. The court shall schedule a progress hearing
during the period of residential chemical dependency treatment, and
schedule a treatment termination hearing for three months before the
expiration of the term of community custody;
(b) Before the progress hearing and treatment termination hearing,
the treatment provider and the department shall submit written reports
to the court and parties regarding the offender's compliance with
treatment and monitoring requirements, and recommendations regarding
termination from treatment. At the hearing, the court may:
(i) Authorize the department to terminate the offender's community
custody status on the expiration date determined under (a) of this
subsection; or
(ii) Continue the hearing to a date before the expiration date of
community custody, with or without modifying the conditions of
community custody; or
(iii) Impose a term of total confinement equal to one-half the
midpoint of the standard sentence range, followed by a term of
community custody under RCW 9.94A.715;
(c) If the court imposes a term of total confinement under (b)(iii)
of this subsection, the department shall, within available resources,
make chemical dependency assessment and treatment services available to
the offender during the terms of total confinement and community
custody.
(7) If the court imposes a sentence under this section, the court
may prohibit the offender from using alcohol or controlled substances
and may require that the monitoring for controlled substances be
conducted by the department or by a treatment alternatives to street
crime program or a comparable court or agency-referred program. The
offender may be required to pay thirty dollars per month while on
community custody to offset the cost of monitoring. In addition, the
court may impose any of the following conditions:
(a) Devote time to a specific employment or training;
(b) Remain within prescribed geographical boundaries and notify the
court or the community corrections officer before any change in the
offender's address or employment;
(c) Report as directed to a community corrections officer;
(d) Pay all court-ordered legal financial obligations;
(e) Perform community restitution work;
(f) Stay out of areas designated by the sentencing court;
(g) Such other conditions as the court may require such as
affirmative conditions.
(8)(a) The court may bring any offender sentenced under this
section back into court at any time on its own initiative to evaluate
the offender's progress in treatment or to determine if any violations
of the conditions of the sentence have occurred.
(b) If the offender is brought back to court, the court may modify
the terms of the community custody or impose sanctions under (c) of
this subsection.
(c) The court may order the offender to serve a term of total
confinement within the standard range of the offender's current offense
at any time during the period of community custody if the offender
violates the conditions of the sentence or if the offender is failing
to make satisfactory progress in treatment.
(d) An offender ordered to serve a term of total confinement under
(c) of this subsection shall receive credit for any time previously
served under this section.
(9) If an offender sentenced to the prison-based alternative under
subsection (5) of this section is found by the United States attorney
general to be subject to a deportation order, a hearing shall be held
by the department unless waived by the offender, and, if the department
finds that the offender is subject to a valid deportation order, the
department may administratively terminate the offender from the program
and reclassify the offender to serve the remaining balance of the
original sentence.
(10) An offender sentenced under this section shall be subject to
all rules relating to earned release time with respect to any period
served in total confinement.
(11) Costs of examinations and preparing treatment plans under
subsections (2) and (3) of this section may be paid, at the option of
the county, from funds provided to the county from the criminal justice
treatment account under RCW 70.96A.350.
Sec. 11 RCW 9.94A.690 and 2000 c 28 s 21 are each amended to read
as follows:
(1)(a) An offender is eligible to be sentenced to a work ethic camp
if the offender:
(i) Is sentenced to a term of total confinement of not less than
twelve months and one day or more than thirty-six months;
(ii) Has no current or prior convictions for any sex offenses or
for violent offenses; and
(iii) Is not currently subject to a sentence for, or being
prosecuted for, a violation of felony driving while under the influence
of intoxicating liquor or any drug (RCW 46.61.502(6)), a violation of
physical control of a vehicle while under the influence of intoxicating
liquor or any drug (RCW 46.61.504(6)), a violation of the uniform
controlled substances act, or a criminal solicitation to commit such a
violation under chapter 9A.28 or 69.50 RCW.
(b) The length of the work ethic camp shall be at least one hundred
twenty days and not more than one hundred eighty days.
(2) If the sentencing court 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 sentence range and may recommend that the offender
serve the sentence at a work ethic camp. In sentencing an offender to
the work ethic camp, the court shall specify: (a) That upon completion
of the work ethic camp the offender shall be released on community
custody for any remaining time of total confinement; (b) the applicable
conditions of supervision on community custody status as required by
RCW 9.94A.700(4) and authorized by RCW 9.94A.700(5); and (c) that
violation of the conditions may result in a return to total confinement
for the balance of the offender's remaining time of confinement.
(3) The department shall place the offender in the work ethic camp
program, subject to capacity, unless: (a) The department determines
that the offender has physical or mental impairments that would prevent
participation and completion of the program; (b) the department
determines that the offender's custody level prevents placement in the
program; (c) the offender refuses to agree to the terms and conditions
of the program; (d) the offender has been found by the United States
attorney general to be subject to a deportation detainer or order; or
(e) the offender has participated in the work ethic camp program in the
past.
(4) An offender 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 court and shall be subject to all
rules relating to earned release time.
(5) During the last two weeks prior to release from the work ethic
camp program the department shall provide the offender with
comprehensive transition training.
Sec. 12 RCW 9.94A.515 and 2005 c 458 s 2 and 2005 c 183 s 9 are
each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| III | ||
| Escape 2 (RCW 9A.76.120) | ||
| II | ||
| I | ||
Sec. 13 RCW 9.94A.411 and 2000 c 119 s 28 and 2000 c 28 s 17 are
each reenacted and amended to read as follows:
(1) Decision not to prosecute.
STANDARD: A prosecuting attorney may decline to prosecute, even
though technically sufficient evidence to prosecute exists, in
situations where prosecution would serve no public purpose, would
defeat the underlying purpose of the law in question or would result in
decreased respect for the law.
GUIDELINE/COMMENTARY:
Examples
The following are examples of reasons not to prosecute which could
satisfy the standard.
(a) Contrary to Legislative Intent - It may be proper to decline to
charge where the application of criminal sanctions would be clearly
contrary to the intent of the legislature in enacting the particular
statute.
(b) Antiquated Statute - It may be proper to decline to charge
where the statute in question is antiquated in that:
(i) It has not been enforced for many years; and
(ii) Most members of society act as if it were no longer in
existence; and
(iii) It serves no deterrent or protective purpose in today's
society; and
(iv) The statute has not been recently reconsidered by the
legislature.
This reason is not to be construed as the basis for declining cases
because the law in question is unpopular or because it is difficult to
enforce.
(c) De Minimis Violation - It may be proper to decline to charge
where the violation of law is only technical or insubstantial and where
no public interest or deterrent purpose would be served by prosecution.
(d) Confinement on Other Charges - It may be proper to decline to
charge because the accused has been sentenced on another charge to a
lengthy period of confinement; and
(i) Conviction of the new offense would not merit any additional
direct or collateral punishment;
(ii) The new offense is either a misdemeanor or a felony which is
not particularly aggravated; and
(iii) Conviction of the new offense would not serve any significant
deterrent purpose.
(e) Pending Conviction on Another Charge - It may be proper to
decline to charge because the accused is facing a pending prosecution
in the same or another county; and
(i) Conviction of the new offense would not merit any additional
direct or collateral punishment;
(ii) Conviction in the pending prosecution is imminent;
(iii) The new offense is either a misdemeanor or a felony which is
not particularly aggravated; and
(iv) Conviction of the new offense would not serve any significant
deterrent purpose.
(f) High Disproportionate Cost of Prosecution - It may be proper to
decline to charge where the cost of locating or transporting, or the
burden on, prosecution witnesses is highly disproportionate to the
importance of prosecuting the offense in question. This reason should
be limited to minor cases and should not be relied upon in serious
cases.
(g) Improper Motives of Complainant - It may be proper to decline
charges because the motives of the complainant are improper and
prosecution would serve no public purpose, would defeat the underlying
purpose of the law in question or would result in decreased respect for
the law.
(h) Immunity - It may be proper to decline to charge where immunity
is to be given to an accused in order to prosecute another where the
accused's information or testimony will reasonably lead to the
conviction of others who are responsible for more serious criminal
conduct or who represent a greater danger to the public interest.
(i) Victim Request - It may be proper to decline to charge because
the victim requests that no criminal charges be filed and the case
involves the following crimes or situations:
(i) Assault cases where the victim has suffered little or no
injury;
(ii) Crimes against property, not involving violence, where no
major loss was suffered;
(iii) Where doing so would not jeopardize the safety of society.
Care should be taken to insure that the victim's request is freely
made and is not the product of threats or pressure by the accused.
The presence of these factors may also justify the decision to
dismiss a prosecution which has been commenced.
Notification
The prosecutor is encouraged to notify the victim, when practical,
and the law enforcement personnel, of the decision not to prosecute.
(2) Decision to prosecute.
(a) STANDARD:
Crimes against persons will be filed if sufficient admissible
evidence exists, which, when considered with the most plausible,
reasonably foreseeable defense that could be raised under the evidence,
would justify conviction by a reasonable and objective fact-finder.
With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050,
9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and
9A.64.020 the prosecutor should avoid prefiling agreements or
diversions intended to place the accused in a program of treatment or
counseling, so that treatment, if determined to be beneficial, can be
provided pursuant to RCW 9.94A.670.
Crimes against property/other crimes will be filed if the
admissible evidence is of such convincing force as to make it probable
that a reasonable and objective fact-finder would convict after hearing
all the admissible evidence and the most plausible defense that could
be raised.
See table below for the crimes within these categories.
Sec. 14 RCW 13.40.0357 and 2004 c 117 s 1 are each amended to
read as follows:
| DESCRIPTION AND OFFENSE CATEGORY | ||||
| JUVENILE DISPOSITION OFFENSE CATEGORY | DESCRIPTION (RCW CITATION) | JUVENILE DISPOSITION CATEGORY FOR ATTEMPT, BAILJUMP, CONSPIRACY, OR SOLICITATION | ||
| . . . . . . . . . . . . | ||||
| Arson and Malicious Mischief | ||||
| A | Arson 1 (9A.48.020) | B+ | ||
| B | Arson 2 (9A.48.030) | C | ||
| C | Reckless Burning 1 (9A.48.040) | D | ||
| D | Reckless Burning 2 (9A.48.050) | E | ||
| B | Malicious Mischief 1 (9A.48.070) | C | ||
| C | Malicious Mischief 2 (9A.48.080) | D | ||
| D | Malicious Mischief 3 (9A.48.090(2) (a) and (c)) | E | ||
| E | Malicious Mischief 3 (9A.48.090(2)(b)) | E | ||
| E | Tampering with Fire Alarm Apparatus (9.40.100) | E | ||
| E | Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105) | E | ||
| A | Possession of Incendiary Device (9.40.120) | B+ | ||
| Assault and Other Crimes Involving Physical Harm | ||||
| A | Assault 1 (9A.36.011) | B+ | ||
| B+ | Assault 2 (9A.36.021) | C+ | ||
| C+ | Assault 3 (9A.36.031) | D+ | ||
| D+ | Assault 4 (9A.36.041) | E | ||
| B+ | Drive-By Shooting (9A.36.045) | C+ | ||
| D+ | Reckless Endangerment (9A.36.050) | E | ||
| C+ | Promoting Suicide Attempt (9A.36.060) | D+ | ||
| D+ | Coercion (9A.36.070) | E | ||
| C+ | Custodial Assault (9A.36.100) | D+ | ||
| Burglary and Trespass | ||||
| B+ | Burglary 1 (9A.52.020) | C+ | ||
| B | Residential Burglary (9A.52.025) | C | ||
| B | Burglary 2 (9A.52.030) | C | ||
| D | Burglary Tools (Possession of) (9A.52.060) | E | ||
| D | Criminal Trespass 1 (9A.52.070) | E | ||
| E | Criminal Trespass 2 (9A.52.080) | E | ||
| C | Mineral Trespass (78.44.330) | C | ||
| C | Vehicle Prowling 1 (9A.52.095) | D | ||
| D | Vehicle Prowling 2 (9A.52.100) | E | ||
| Drugs | ||||
| E | Possession/Consumption of Alcohol (66.44.270) | E | ||
| C | Illegally Obtaining Legend Drug (69.41.020) | D | ||
| C+ | Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a)) | D+ | ||
| E | Possession of Legend Drug (69.41.030(2)(b)) | E | ||
| B+ | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b)) | B+ | ||
| C | Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c)) | C | ||
| E | Possession of Marihuana <40 grams (69.50.4014) | E | ||
| C | Fraudulently Obtaining Controlled Substance (69.50.403) | C | ||
| C+ | Sale of Controlled Substance for Profit (69.50.410) | C+ | ||
| E | Unlawful Inhalation (9.47A.020) | E | ||
| B | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b)) | B | ||
| C | Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e)) | C | ||
| C | Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013) | C | ||
| C | Violation of Uniform Controlled Substances
Act - Possession of a Controlled Substance
(69.50.4012) | C | ||
| Firearms and Weapons | ||||
| B | Theft of Firearm (9A.56.300) | C | ||
| B | Possession of Stolen Firearm (9A.56.310) | C | ||
| E | Carrying Loaded Pistol Without Permit (9.41.050) | E | ||
| C | Possession of Firearms by Minor (<18) (9.41.040(2)(a)(iii)) | C | ||
| D+ | Possession of Dangerous Weapon (9.41.250) | E | ||
| D | Intimidating Another Person by use of
Weapon (9.41.270) | E | ||
| Homicide | ||||
| A+ | Murder 1 (9A.32.030) | A | ||
| A+ | Murder 2 (9A.32.050) | B+ | ||
| B+ | Manslaughter 1 (9A.32.060) | C+ | ||
| C+ | Manslaughter 2 (9A.32.070) | D+ | ||
| B+ | Vehicular Homicide (46.61.520) | C+ | ||
| Kidnapping | ||||
| A | Kidnap 1 (9A.40.020) | B+ | ||
| B+ | Kidnap 2 (9A.40.030) | C+ | ||
| C+ | Unlawful Imprisonment (9A.40.040) | D+ | ||
| Obstructing Governmental Operation | ||||
| D | Obstructing a Law Enforcement Officer (9A.76.020) | E | ||
| E | Resisting Arrest (9A.76.040) | E | ||
| B | Introducing Contraband 1 (9A.76.140) | C | ||
| C | Introducing Contraband 2 (9A.76.150) | D | ||
| E | Introducing Contraband 3 (9A.76.160) | E | ||
| B+ | Intimidating a Public Servant (9A.76.180) | C+ | ||
| B+ | Intimidating a Witness (9A.72.110) | C+ | ||
| Public Disturbance | ||||
| C+ | Riot with Weapon (9A.84.010(2)(b)) | D+ | ||
| D+ | Riot Without Weapon (9A.84.010(2)(a)) | E | ||
| E | Failure to Disperse (9A.84.020) | E | ||
| E | Disorderly Conduct (9A.84.030) | E | ||
| Sex Crimes | ||||
| A | Rape 1 (9A.44.040) | B+ | ||
| A- | Rape 2 (9A.44.050) | B+ | ||
| C+ | Rape 3 (9A.44.060) | D+ | ||
| A- | Rape of a Child 1 (9A.44.073) | B+ | ||
| B+ | Rape of a Child 2 (9A.44.076) | C+ | ||
| B | Incest 1 (9A.64.020(1)) | C | ||
| C | Incest 2 (9A.64.020(2)) | D | ||
| D+ | Indecent Exposure (Victim <14) (9A.88.010) | E | ||
| E | Indecent Exposure (Victim 14 or over) (9A.88.010) | E | ||
| B+ | Promoting Prostitution 1 (9A.88.070) | C+ | ||
| C+ | Promoting Prostitution 2 (9A.88.080) | D+ | ||
| E | O & A (Prostitution) (9A.88.030) | E | ||
| B+ | Indecent Liberties (9A.44.100) | C+ | ||
| A- | Child Molestation 1 (9A.44.083) | B+ | ||
| B | Child Molestation 2 (9A.44.086) | C+ | ||
| Theft, Robbery, Extortion, and Forgery | ||||
| B | Theft 1 (9A.56.030) | C | ||
| C | Theft 2 (9A.56.040) | D | ||
| D | Theft 3 (9A.56.050) | E | ||
| B | Theft of Livestock 1 and 2 (9A.56.080 and 9A.56.083) | C | ||
| C | Forgery (9A.60.020) | D | ||
| A | Robbery 1 (9A.56.200) | B+ | ||
| B+ | Robbery 2 (9A.56.210) | C+ | ||
| B+ | Extortion 1 (9A.56.120) | C+ | ||
| C+ | Extortion 2 (9A.56.130) | D+ | ||
| C | Identity Theft 1 (9.35.020(2)) | D | ||
| D | Identity Theft 2 (9.35.020(3)) | E | ||
| D | Improperly Obtaining Financial Information (9.35.010) | E | ||
| B | Possession of Stolen Property 1 (9A.56.150) | C | ||
| C | Possession of Stolen Property 2 (9A.56.160) | D | ||
| D | Possession of Stolen Property 3 (9A.56.170) | E | ||
| C | Taking Motor Vehicle Without Permission
1 and 2 (9A.56.070 and 9A.56.075) | D | ||
| Motor Vehicle Related Crimes | ||||
| E | Driving Without a License (46.20.005) | E | ||
| B+ | Hit and Run - Death (46.52.020(4)(a)) | C+ | ||
| C | Hit and Run - Injury (46.52.020(4)(b)) | D | ||
| D | Hit and Run-Attended (46.52.020(5)) | E | ||
| E | Hit and Run-Unattended (46.52.010) | E | ||
| C | Vehicular Assault (46.61.522) | D | ||
| C | Attempting to Elude Pursuing Police Vehicle (46.61.024) | D | ||
| E | Reckless Driving (46.61.500) | E | ||
| D | Driving While Under the Influence
(46.61.502 and 46.61.504) | E | ||
| B+ | Felony Driving While Under the Influence (46.61.502(6)) | B | ||
| B+ | Felony Physical Control of a Vehicle While Under the Influence (46.61.504(6)) | B | ||
| Other | ||||
| B | Animal Cruelty 1 (16.52.205) | C | ||
| B | Bomb Threat (9.61.160) | C | ||
| C | Escape 11 (9A.76.110) | C | ||
| C | Escape 21 (9A.76.120) | C | ||
| D | Escape 3 (9A.76.130) | E | ||
| E | Obscene, Harassing, Etc., Phone Calls (9.61.230) | E | ||
| A | Other Offense Equivalent to an Adult Class A Felony | B+ | ||
| B | Other Offense Equivalent to an Adult Class B Felony | C | ||
| C | Other Offense Equivalent to an Adult Class C Felony | D | ||
| D | Other Offense Equivalent to an Adult Gross Misdemeanor | E | ||
| E | Other Offense Equivalent to an Adult Misdemeanor | E | ||
| V | Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 | V | ||
| OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE | ||||||||||
A+ | 180 WEEKS TO AGE 21 YEARS | |||||||||
| A | 103 WEEKS TO 129 WEEKS | |||||||||
| A- | 15-36 | 52-65 | 80-100 | 103-129 | ||||||
| WEEKS | WEEKS | WEEKS | WEEKS | |||||||
| EXCEPT | ||||||||||
| 30-40 | ||||||||||
| WEEKS FOR | ||||||||||
| 15-17 | ||||||||||
| YEAR OLDS | ||||||||||
| Current | B+ | 15-36 | 52-65 | 80-100 | 103-129 | |||||
| Offense | WEEKS | WEEKS | WEEKS | WEEKS | ||||||
| Category | ||||||||||
| B | LOCAL | 52-65 | ||||||||
| SANCTIONS (LS) | 15-36 WEEKS | WEEKS | ||||||||
| C+ | LS | |||||||||
| 15-36 WEEKS | ||||||||||
| C | LS | 15-36 WEEKS | ||||||||
| Local Sanctions: | ||||||||||
| 0 to 30 Days | ||||||||||
| D+ | LS | 0 to 12 Months Community Supervision | ||||||||
| 0 to 150 Hours Community Restitution | ||||||||||
| D | LS | $0 to $500 Fine | ||||||||
| E | LS | |||||||||
| 0 | 1 | 2 | 3 | 4 or more | ||||||
| PRIOR ADJUDICATIONS | ||||||||||
Sec. 15 RCW 46.20.311 and 2005 c 314 s 308 are each amended to
read as follows:
(1)(a) The department shall not suspend a driver's license or
privilege to drive a motor vehicle on the public highways for a fixed
period of more than one year, except as specifically permitted under
RCW 46.20.267, 46.20.342, or other provision of law.
(b) Except for a suspension under RCW 46.20.267, 46.20.289,
46.20.291(5), 46.61.740, or 74.20A.320, whenever the license or driving
privilege of any person is suspended by reason of a conviction, a
finding that a traffic infraction has been committed, pursuant to
chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the
suspension shall remain in effect until the person gives and thereafter
maintains proof of financial responsibility for the future as provided
in chapter 46.29 RCW.
(c) If the suspension is the result of a nonfelony violation of RCW
46.61.502 or 46.61.504, the department shall determine the person's
eligibility for licensing based upon the reports provided by the
alcoholism agency or probation department designated under RCW
46.61.5056 and shall deny reinstatement until enrollment and
participation in an approved program has been established and the
person is otherwise qualified. If the suspension is the result of a
violation of RCW 46.61.502(6) or 46.61.504(6), the department shall
determine the person's eligibility for licensing based upon the reports
provided by the alcohol or drug dependency agency required under RCW
46.61.524 and shall deny reinstatement until satisfactory progress in
an approved program has been established and the person is otherwise
qualified. If the suspension is the result of a violation of RCW
46.61.502 or 46.61.504, and the person is required pursuant to RCW
46.20.720 to drive only a motor vehicle equipped with a functioning
ignition interlock, the department shall determine the person's
eligibility for licensing based upon written verification by a company
doing business in the state that it has installed the required device
on a vehicle owned or operated by the person seeking reinstatement.
If, based upon notification from the interlock provider or otherwise,
the department determines that an interlock required under RCW
46.20.720 is no longer installed or functioning as required, the
department shall suspend the person's license or privilege to drive.
Whenever the license or driving privilege of any person is suspended or
revoked as a result of noncompliance with an ignition interlock
requirement, the suspension shall remain in effect until the person
provides notice issued by a company doing business in the state that a
vehicle owned or operated by the person is equipped with a functioning
ignition interlock device.
(d) Whenever the license or driving privilege of any person is
suspended as a result of certification of noncompliance with a child
support order under chapter 74.20A RCW or a residential or visitation
order, the suspension shall remain in effect until the person provides
a release issued by the department of social and health services
stating that the person is in compliance with the order.
(e)(i) The department shall not issue to the person a new,
duplicate, or renewal license until the person pays a reissue fee of
seventy-five dollars.
(ii) If the suspension is the result of a violation of RCW
46.61.502 or 46.61.504, or is the result of administrative action under
RCW 46.20.308, the reissue fee shall be one hundred fifty dollars.
(2)(a) Any person whose license or privilege to drive a motor
vehicle on the public highways has been revoked, unless the revocation
was for a cause which has been removed, is not entitled to have the
license or privilege renewed or restored until: (i) After the
expiration of one year from the date the license or privilege to drive
was revoked; (ii) after the expiration of the applicable revocation
period provided by RCW 46.20.3101 or 46.61.5055; (iii) after the
expiration of two years for persons convicted of vehicular homicide; or
(iv) after the expiration of the applicable revocation period provided
by RCW 46.20.265.
(b)(i) After the expiration of the appropriate period, the person
may make application for a new license as provided by law together with
a reissue fee in the amount of seventy-five dollars.
(ii) If the revocation is the result of a violation of RCW
46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be one
hundred fifty dollars. If the revocation is the result of a nonfelony
violation of RCW 46.61.502 or 46.61.504, the department shall determine
the person's eligibility for licensing based upon the reports provided
by the alcoholism agency or probation department designated under RCW
46.61.5056 and shall deny reissuance of a license, permit, or privilege
to drive until enrollment and participation in an approved program has
been established and the person is otherwise qualified. If the
suspension is the result of a violation of RCW 46.61.502(6) or
46.61.504(6), the department shall determine the person's eligibility
for licensing based upon the reports provided by the alcohol or drug
dependency agency required under RCW 46.61.524 and shall deny
reinstatement until satisfactory progress in an approved program has
been established and the person is otherwise qualified. If the
revocation is the result of a violation of RCW 46.61.502 or 46.61.504,
and the person is required pursuant to RCW 46.20.720 to drive only a
motor vehicle equipped with a functioning ignition interlock or other
biological or technical device, the department shall determine the
person's eligibility for licensing based upon written verification by
a company doing business in the state that it has installed the
required device on a vehicle owned or operated by the person applying
for a new license. If, following issuance of a new license, the
department determines, based upon notification from the interlock
provider or otherwise, that an interlock required under RCW 46.20.720
is no longer functioning, the department shall suspend the person's
license or privilege to drive until the department has received written
verification from an interlock provider that a functioning interlock is
installed.
(c) Except for a revocation under RCW 46.20.265, the department
shall not then issue a new license unless it is satisfied after
investigation of the driving ability of the person that it will be safe
to grant the privilege of driving a motor vehicle on the public
highways, and until the person gives and thereafter maintains proof of
financial responsibility for the future as provided in chapter 46.29
RCW. For a revocation under RCW 46.20.265, the department shall not
issue a new license unless it is satisfied after investigation of the
driving ability of the person that it will be safe to grant that person
the privilege of driving a motor vehicle on the public highways.
(3)(a) Whenever the driver's license of any person is suspended
pursuant to Article IV of the nonresident violators compact or RCW
46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue
to the person any new or renewal license until the person pays a
reissue fee of seventy-five dollars.
(b) If the suspension is the result of a violation of the laws of
this or any other state, province, or other jurisdiction involving (i)
the operation or physical control of a motor vehicle upon the public
highways while under the influence of intoxicating liquor or drugs, or
(ii) the refusal to submit to a chemical test of the driver's blood
alcohol content, the reissue fee shall be one hundred fifty dollars.
Sec. 16 RCW 46.61.524 and 2001 c 64 s 7 are each amended to read
as follows:
(1) A person convicted under RCW 46.61.502(6), 46.61.504(6),
46.61.520(1)(a), or 46.61.522(1)(b) shall, as a condition of community
custody imposed under RCW 9.94A.545 or community placement imposed
under RCW 9.94A.660, complete a diagnostic evaluation by an alcohol or
drug dependency agency approved by the department of social and health
services or a qualified probation department, as defined under RCW
46.61.516 that has been approved by the department of social and health
services. This report shall be forwarded to the department of
licensing. If the person is found to have an alcohol or drug problem
that requires treatment, the person shall complete treatment in a
program approved by the department of social and health services under
chapter 70.96A RCW. If the person is found not to have an alcohol or
drug problem that requires treatment, he or she shall complete a course
in an information school approved by the department of social and
health services under chapter 70.96A RCW. The convicted person shall
pay all costs for any evaluation, education, or treatment required by
this section, unless the person is eligible for an existing program
offered or approved by the department of social and health services.
Nothing in chapter 348, Laws of 1991 requires the addition of new
treatment or assessment facilities nor affects the department of social
and health services use of existing programs and facilities authorized
by law.
(2) As provided for under RCW 46.20.285, the department shall
revoke the license, permit to drive, or a nonresident privilege of a
person convicted of vehicular homicide under RCW 46.61.520 or vehicular
assault under RCW 46.61.522. The department shall determine the
eligibility of a person convicted of vehicular homicide under RCW
46.61.520(1)(a) or vehicular assault under RCW 46.61.522(1)(b) to
receive a license based upon the report provided by the designated
alcoholism treatment facility or probation department, and shall deny
reinstatement until satisfactory progress in an approved program has
been established and the person is otherwise qualified.
Sec. 17 RCW 46.61.5152 and 1998 c 41 s 9 are each amended to read
as follows:
In addition to penalties that may be imposed under RCW 46.61.5055,
the court may require a person who is convicted of a nonfelony
violation of RCW 46.61.502 or 46.61.504 or who enters a deferred
prosecution program under RCW 10.05.020 based on a nonfelony violation
of RCW 46.61.502 or 46.61.504, to attend an educational program
focusing on the emotional, physical, and financial suffering of victims
who were injured by persons convicted of driving while under the
influence of intoxicants.
Sec. 18 RCW 46.61.5151 and 1995 c 332 s 15 are each amended to
read as follows:
A sentencing court may allow ((persons)) a person convicted of
((violating)) a nonfelony violation of RCW 46.61.502 or 46.61.504 to
fulfill the terms of the sentence provided in RCW 46.61.5055 in
nonconsecutive or intermittent time periods. However, any mandatory
minimum sentence under RCW 46.61.5055 shall be served consecutively
unless suspended or deferred as otherwise provided by law.
NEW SECTION. Sec. 19 This act takes effect July 1, 2007."
HB 3317 -
By Committee on Judiciary
ADOPTED AS AMENDED 03/07/06
On page 1, line 3 of the title, after "drug;" strike the remainder of the title and insert "amending RCW 46.61.502, 46.61.504, 46.61.5055, 9.94A.030, 9.94A.640, 9.94A.650, 9.94A.660, 9.94A.690, 13.40.0357, 46.20.311, 46.61.524, 46.61.5152, and 46.61.5151; reenacting and amending RCW 9.94A.505, 9.94A.525, 9.94A.515, and 9.94A.411; adding a new section to chapter 9.94A RCW; prescribing penalties; and providing an effective date."