BILL REQ. #:  H-2031.1 

Read first time 02/15/2007.   Referred to Committee on Human Services.

     AN ACT Relating to county supervised community options; and amending RCW 9.94A.505 and 9.94A.680.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 9.94A.505 and 2006 c 73 s 6 are each 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) RCW 9.94A.603, 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:
     (a) All confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced; and
     (b) All time served before the sentencing in an available county supervised community option if that time 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. 2   RCW 9.94A.680 and 2002 c 175 s 12 are each amended to read as follows:
     Alternatives to total confinement are available for offenders with sentences of one year or less. These alternatives include the following sentence conditions that the court may order as substitutes for total confinement:
     (1) One day of partial confinement may be substituted for one day of total confinement;
     (2) In addition, for offenders convicted of nonviolent offenses only, eight hours of community restitution may be substituted for one day of total confinement, with a maximum conversion limit of two hundred forty hours or thirty days. Community restitution hours must be completed within the period of community supervision or a time period specified by the court, which shall not exceed twenty-four months, pursuant to a schedule determined by the department; and
     (3) For offenders convicted of nonviolent and nonsex offenses, the court may authorize county jails to convert jail confinement to an available county supervised community option, may authorize the time spent in the community option to be reduced by earned release credit consistent with local correctional facility standards, and may require the offender to perform affirmative conduct pursuant to RCW 9.94A.607.
     For sentences of nonviolent offenders for one year or less, the court shall consider and give priority to available alternatives to total confinement and shall state its reasons in writing on the judgment and sentence form if the alternatives are not used.