SB 5790 -
By Senator Hargrove
NOT CONSIDERED 05/25/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 9.94A.8673 and 2008 c 249 s 3 are each amended to
read as follows:
(1) At such times as the governor or the legislature may request
and within amounts appropriated, the governor may convene a sex
offender policy board established within the office of financial
management to:
(a) Undertake projects to assist policymakers in making informed
judgments about issues relating to sex offender policy; and
(b) Conduct case reviews of sex offense incidents to understand
performance of Washington's sex offender prevention and response
systems.
(2) The sex offender policy board shall consist of thirteen voting
members((. Unless the member is specifically named in this section,
the following organizations shall designate a person to sit on the
board.)) appointed by the governor, one of whom the governor shall
designate as chair. The voting membership shall consist of the
following:
(a) A representative of the Washington association of sheriffs and
police chiefs;
(b) A representative of the Washington association of prosecuting
attorneys;
(c) A representative of the Washington association of criminal
defense lawyers;
(d) The chair of the indeterminate sentence review board or his or
her designee;
(e) A representative of the Washington association for the
treatment of sex abusers;
(f) The secretary of the department of corrections or his or her
designee;
(g) A representative of the Washington state superior court judge's
association;
(h) The assistant secretary of the juvenile rehabilitation
administration or his or her designee;
(i) The office of crime victims advocacy in the department of
((community, trade, and economic development)) commerce;
(j) A representative of the Washington state association of
counties;
(k) A representative of the association of Washington cities;
(l) A representative of the Washington association of sexual
assault programs; and
(m) The director of the special commitment center or his or her
designee.
(2) ((The person so named in subsection (1) of this section has the
authority to make decisions on behalf of the organization he or she
represents.)) As appropriate, the board shall consult with the criminal
justice division in the attorney general's office and the Washington
institute for public policy ((
(3) The nonvoting membership shall consist of the following:
(a) Two members of the sentencing guidelines commission chosen by
the chair of the commission; and
(b) A representative of the criminal justice division in the
attorney general's office.
(4) The board shall choose its chair by majority vote from among
its voting membership. The chair's term shall be two years.
(5) The chair of the sentencing guidelines commission shall convene
the first meeting.
(6)shall act as an advisor to the board)).
(3) Members of the board shall receive no compensation but shall be
reimbursed for travel expenses as provided in RCW 43.03.050 and
43.03.060.
Sec. 2 RCW 9.95.003 and 2007 c 362 s 1 are each amended to read
as follows:
(1) The board is created within the department. The board shall
consist of a ((chairman)) chair and four other members, each of whom
shall be appointed by the governor with the consent of the senate.
Each member shall hold office for a term of five years, and until his
or her successor is appointed and qualified. The terms shall expire on
April 15th of the expiration year. Vacancies in the membership of the
board shall be filled by appointment by the governor with the consent
of the senate. In the event of the inability of any member to act, the
governor shall appoint some competent person to act in his stead during
the continuance of such inability. The members shall not be removable
during their respective terms except for cause determined by the
superior court of Thurston county. The governor in appointing the
members shall designate one of them to serve as ((chairman)) chair at
the governor's pleasure. The appointed ((chairman)) chair shall serve
as a fully participating board member ((and as the director of the
agency)).
(2) The department shall provide administrative and staff support
for the board. The secretary may employ a senior administrative
officer and such other personnel as may be necessary to assist the
board in carrying out its duties.
(3) The members of the board and ((its officers and employees))
staff assigned to the board shall not engage in any other business or
profession or hold any other public office without the prior approval
of the executive ethics board indicating compliance with RCW 42.52.020,
42.52.030, 42.52.040 and 42.52.120; nor shall they, at the time of
appointment or employment or during their incumbency, serve as the
representative of any political party on an executive committee or
other governing body thereof, or as an executive officer or employee of
any political committee or association. The members of the board shall
each severally receive salaries fixed by the governor in accordance
with the provisions of RCW 43.03.040, and in addition shall receive
travel expenses incurred in the discharge of their official duties in
accordance with RCW 43.03.050 and 43.03.060.
((The board may employ, and fix, with the approval of the governor,
the compensation of and prescribe the duties of a senior administrative
officer and such officers, employees, and assistants as may be
necessary, and provide necessary quarters, supplies, and equipment.))
NEW SECTION. Sec. 3 (1) The indeterminate sentence review board
is transferred to the department of corrections.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written materials in the possession of the indeterminate
sentence review board shall be delivered to the custody of the
department of corrections. All cabinets, furniture, office equipment,
motor vehicles, and other tangible property employed by the
indeterminate sentence review board shall be made available to the
department of corrections. All funds, credits, or other assets held by
the indeterminate sentence review board shall be assigned to the
department of corrections.
(b) Any appropriations made to the indeterminate sentence review
board shall, on the effective date of this section, be transferred and
credited to the department of corrections.
(c) If any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other
tangible property used or held in the exercise of the powers and the
performance of the duties and functions transferred, the director of
financial management shall make a determination as to the proper
allocation and certify the same to the state agencies concerned.
(3) All employees of the indeterminate sentence review board are
transferred to the jurisdiction of the department of corrections. All
employees classified under chapter 41.06 RCW, the state civil service
law, are assigned to the department of corrections to perform their
usual duties upon the same terms as formerly, without any loss of
rights, subject to any action that may be appropriate thereafter in
accordance with the laws and rules governing state civil service.
(4) All rules and all pending business before the indeterminate
sentence review board shall be continued and acted upon by the
department of corrections. All existing contracts and obligations
shall remain in full force and shall be performed by the department of
corrections.
(5) The transfer of the powers, duties, functions, and personnel of
the indeterminate sentence review board shall not affect the validity
of any act performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the indeterminate sentence review
board assigned to the department of corrections under this act whose
positions are within an existing bargaining unit description at the
department of corrections shall become a part of the existing
bargaining unit at the department of corrections and shall be
considered an appropriate inclusion or modification of the existing
bargaining unit under the provisions of chapter 41.80 RCW.
(8) Notwithstanding any provision of this act and despite the
transfer of the indeterminate sentence review board to the department
of corrections, the members of the indeterminate sentence review board
will possess and shall exercise independent judgment when making any
decisions concerning offenders. These decisions include, but are not
limited to, decisions concerning offenders' release, revocation,
reinstatement, or the imposition of conditions of supervision.
Sec. 4 RCW 9.95.005 and 2001 2nd sp.s. c 12 s 318 are each
amended to read as follows:
The board shall meet at major state correctional institutions at
such times as may be necessary for a full and complete study of the
cases of all convicted persons whose durations of confinement are to be
determined by it; whose community custody supervision is under the
board's authority; or whose applications for parole come before it.
Other times and places of meetings may also be fixed by the board.
The superintendents of the different institutions shall provide
suitable quarters for the board ((and assistants)) while in the
discharge of their duties.
Sec. 5 RCW 9.95.007 and 1986 c 224 s 5 are each amended to read
as follows:
The board may meet and transact business in panels. Each board
panel shall consist of at least two members of the board. In all
matters concerning the internal affairs of the board and policy-making
decisions, a majority of the full board must concur in such matters.
The ((chairman)) chair of the board with the consent of a majority of
the board may designate any two members to exercise all the powers and
duties of the board in connection with any hearing before the board.
If the two members so designated cannot unanimously agree as to the
disposition of the hearing assigned to them, such hearing shall be
reheard by the full board. All actions of the full board shall be by
concurrence of a majority of the sitting board members.
Sec. 6 RCW 9.95.140 and 2009 c 28 s 29 are each amended to read
as follows:
(1) The board shall cause a complete record to be kept of every
prisoner under the jurisdiction of the board released on parole or
community custody. Such records shall be organized in accordance with
the most modern methods of filing and indexing so that there will be
always immediately available complete information about each such
prisoner. Subject to information sharing provisions related to
((mentally ill)) offenders((,)) with mental illness and the end of
sentence review committee, ((and the department of corrections,)) the
board may make rules as to the privacy of such records and their use by
others than the board and ((its)) the department staff assigned to
perform board-related duties. Sex offenders convicted of crimes
committed before July 1, 1984, who are under the board's jurisdiction
shall be subject to the determinations of the end of sentence review
committee regarding risk level and subject to sex offender registration
and community notification. The board and the department staff
assigned to perform board-related duties shall be immune from liability
for the release of information concerning sex offenders as provided in
RCW 4.24.550.
The superintendents of state correctional facilities and all
officers and employees thereof and all other public officials shall at
all times cooperate with the board and furnish to the board((, its
officers, and employees)) and staff assigned to perform board-related
duties such information as may be necessary to enable it to perform its
functions, and such superintendents and other employees shall at all
times give the members of the board((, its officers, and employees))
and staff assigned to perform board-related duties free access to all
prisoners confined in the state correctional facilities.
(2) Offenders sentenced under RCW 9.94A.507 shall be subject to the
determinations of the end of sentence review committee regarding risk
level and subject to sex offender registration and community
notification.
(3) The end of sentence review committee shall make law enforcement
notifications for offenders under board jurisdiction on the same basis
that it notifies law enforcement regarding offenders sentenced under
chapter 9.94A RCW for crimes committed after July 1, 1984.
Sec. 7 RCW 9.95.280 and 2001 2nd sp.s. c 12 s 344 are each
amended to read as follows:
The secretary, upon recommendation by the board, may deputize any
person (regularly employed by another state) to act as an officer and
agent of this state in effecting the return of any person convicted of
a crime committed before July 1, 1984, who has violated the terms and
conditions of parole or probation as granted by this state. In any
matter relating to the return of such a person, any agent so deputized
shall have all the powers of a police officer of this state.
Sec. 8 RCW 9.95.300 and 2001 2nd sp.s. c 12 s 346 are each
amended to read as follows:
The secretary, upon recommendation by the board, may enter into
contracts with similar officials of any other state or states for the
purpose of sharing an equitable portion of the cost of effecting the
return of any person who has violated the terms and conditions of
parole, probation, or community custody as granted by this state.
Sec. 9 RCW 9.96.050 and 2009 c 325 s 4 are each amended to read
as follows:
(1)(a) When an offender on parole has performed all obligations of
his or her release, including any and all legal financial obligations,
for such time as shall satisfy the indeterminate sentence review board
that his or her final release is not incompatible with the best
interests of society and the welfare of the paroled individual, the
board may make a final order of discharge and issue a certificate of
discharge to the offender.
(b) The board retains the jurisdiction to issue a certificate of
discharge after the expiration of the offender's or parolee's maximum
statutory sentence. If not earlier granted and any and all legal
financial obligations have been paid, the board shall issue a final
order of discharge three years from the date of parole unless the
parolee is on suspended or revoked status at the expiration of the
three years.
(c) The discharge, regardless of when issued, shall have the effect
of restoring all civil rights not already restored by RCW 29A.08.520,
and the certification of discharge shall so state.
(d) This restoration of civil rights shall not restore the right to
receive, possess, own, or transport firearms.
(e) The board shall issue a certificate of discharge to the
offender in person or by mail to the offender's last known address.
(2) ((The board shall send to the department of corrections)) A
copy of every signed certificate of discharge for offender sentences
under the authority of the department of corrections shall be placed in
the department's files.
(3) The discharge provided for in this section shall be considered
as a part of the sentence of the convicted person and shall not in any
manner be construed as affecting the powers of the governor to pardon
any such person.
Sec. 10 RCW 71.05.385 and 2009 c 320 s 2 are each amended to read
as follows:
(1) A mental health service provider shall release to the persons
authorized under subsection (2) of this section, upon request:
(a) The fact, place, and date of an involuntary commitment, the
fact and date of discharge or release, and the last known address of a
person who has been committed under this chapter.
(b) Information related to mental health services, in the format
determined under subsection (9) of this section, concerning a person
who:
(i) Is currently committed to the custody or supervision of the
department of corrections or the indeterminate sentence review board
under chapter 9.94A or 9.95 RCW;
(ii) Has been convicted or found not guilty by reason of insanity
of a serious violent offense; or
(iii) Was charged with a serious violent offense and such charges
were dismissed under RCW 10.77.086.
Legal counsel may release such information to the persons
authorized under subsection (2) of this section on behalf of the mental
health service provider, provided that nothing in this subsection shall
require the disclosure of attorney work product or attorney-client
privileged information.
(2) The information subject to release under subsection (1) of this
section shall be released to law enforcement officers, personnel of a
county or city jail, designated mental health professionals, public
health officers, therapeutic court personnel, or personnel of the
department of corrections, ((or personnel of)) including the
indeterminate sentence review board and personnel assigned to perform
board-related duties, when such information is requested during the
course of business and for the purpose of carrying out the
responsibilities of the requesting person's office. No mental health
service provider or person employed by a mental health service
provider, or its legal counsel, shall be liable for information
released to or used under the provisions of this section or rules
adopted under this section except under RCW 71.05.440.
(3) A person who requests information under subsection (1)(b) of
this section must comply with the following restrictions:
(a) Information must be requested only for the purposes permitted
by this subsection and for the purpose of carrying out the
responsibilities of the requesting person's office. Appropriate
purposes for requesting information under this section include:
(i) Completing presentence investigations or risk assessment
reports;
(ii) Assessing a person's risk to the community;
(iii) Assessing a person's risk of harm to self or others when
confined in a city or county jail;
(iv) Planning for and provision of supervision of an offender,
including decisions related to sanctions for violations of conditions
of community supervision; and
(v) Responding to an offender's failure to report for department of
corrections supervision.
(b) Information shall not be requested under this section unless
the requesting person has reasonable suspicion that the individual who
is the subject of the information:
(i) Has engaged in activity indicating that a crime or a violation
of community custody or parole has been committed or, based upon his or
her current or recent past behavior, is likely to be committed in the
near future; or
(ii) Is exhibiting signs of a deterioration in mental functioning
which may make the individual appropriate for civil commitment under
this chapter.
(c) Any information received under this section shall be held
confidential and subject to the limitations on disclosure outlined in
this chapter, except:
(i) Such information may be shared with other persons who have the
right to request similar information under subsection (2) of this
section, solely for the purpose of coordinating activities related to
the individual who is the subject of the information in a manner
consistent with the official responsibilities of the persons involved;
(ii) Such information may be shared with a prosecuting attorney
acting in an advisory capacity for a person who receives information
under this section. A prosecuting attorney under this subsection shall
be subject to the same restrictions and confidentiality limitations as
the person who requested the information; and
(iii) As provided in RCW 72.09.585.
(4) A request for information related to mental health services
under this section shall not require the consent of the subject of the
records. Such request shall be provided in writing, except to the
extent authorized in subsection (5) of this section. A written request
may include requests made by e-mail or facsimile so long as the
requesting person is clearly identified. The request must specify the
information being requested.
(5) In the event of an emergency situation that poses a significant
risk to the public or the offender, a mental health service provider,
or its legal counsel, shall release information related to mental
health services delivered to the offender and, if known, information
regarding where the offender is likely to be found to the department of
corrections or law enforcement upon request. The initial request may
be written or oral. All oral requests must be subsequently confirmed
in writing. Information released in response to an oral request is
limited to a statement as to whether the offender is or is not being
treated by the mental health service provider and the address or
information about the location or whereabouts of the offender.
(6) Disclosure under this section to state or local law enforcement
authorities is mandatory for the purposes of the health insurance
portability and accountability act.
(7) Whenever federal law or federal regulations restrict the
release of information contained in the treatment records of any
patient who receives treatment for alcoholism or drug dependency, the
release of the information may be restricted as necessary to comply
with federal law and regulations.
(8) This section does not modify the terms and conditions of
disclosure of information related to sexually transmitted diseases
under chapter 70.24 RCW.
(9) In collaboration with interested organizations, the department
shall develop a standard form for requests for information related to
mental health services made under this section and a standard format
for information provided in response to such requests. Consistent with
the goals of the health information privacy provisions of the federal
health insurance portability and accountability act, in developing the
standard form for responsive information, the department shall design
the form in such a way that the information disclosed is limited to the
minimum necessary to serve the purpose for which the information is
requested.
Sec. 11 RCW 72.09.585 and 2004 c 166 s 5 are each amended to read
as follows:
(1) When the department is determining an offender's risk
management level, the department shall inquire of the offender and
shall be told whether the offender is subject to court-ordered
treatment for mental health services or chemical dependency services.
The department shall request and the offender shall provide an
authorization to release information form that meets applicable state
and federal requirements and shall provide the offender with written
notice that the department will request the offender's mental health
and substance abuse treatment information. An offender's failure to
inform the department of court-ordered treatment is a violation of the
conditions of supervision if the offender is in the community and an
infraction if the offender is in confinement, and the violation or
infraction is subject to sanctions.
(2) When an offender discloses that he or she is subject to court-ordered mental health services or chemical dependency treatment, the
department shall provide the mental health services provider or
chemical dependency treatment provider with a written request for
information and any necessary authorization to release information
forms. The written request shall comply with rules adopted by the
department of social and health services or protocols developed jointly
by the department and the department of social and health services. A
single request shall be valid for the duration of the offender's
supervision in the community. Disclosures of information related to
mental health services made pursuant to a department request shall not
require consent of the offender.
(3) The information received by the department under RCW 71.05.445
or ((71.34.225)) 71.34.345 may be released to the indeterminate
sentence review board as relevant to carry out its responsibility of
planning and ensuring community protection with respect to persons
under its jurisdiction. Further disclosure by the indeterminate
sentence review board is subject to the limitations set forth in
subsections (5) and (6) of this section and must be consistent with the
written policy of the indeterminate sentence review board. The
decision to disclose or not shall not result in civil liability for the
indeterminate sentence review board or ((its employees)) staff assigned
to perform board-related duties provided that the decision was reached
in good faith and without gross negligence.
(4) The information received by the department under RCW 71.05.445
or ((71.34.225)) 71.34.345 may be used to meet the statutory duties of
the department to provide evidence or report to the court. Disclosure
to the public of information provided to the court by the department
related to mental health services shall be limited in accordance with
RCW 9.94A.500 or this section.
(5) The information received by the department under RCW 71.05.445
or ((71.34.225)) 71.34.345 may be disclosed by the department to other
state and local agencies as relevant to plan for and provide offenders
transition, treatment, and supervision services, or as relevant and
necessary to protect the public and counteract the danger created by a
particular offender, and in a manner consistent with the written policy
established by the secretary. The decision to disclose or not shall
not result in civil liability for the department or its employees so
long as the decision was reached in good faith and without gross
negligence. The information received by a state or local agency from
the department shall remain confidential and subject to the limitations
on disclosure set forth in chapters 70.02, 71.05, and 71.34 RCW and,
subject to these limitations, may be released only as relevant and
necessary to counteract the danger created by a particular offender.
(6) The information received by the department under RCW 71.05.445
or ((71.34.225)) 71.34.345 may be disclosed by the department to
individuals only with respect to offenders who have been determined by
the department to have a high risk of reoffending by a risk assessment,
as defined in RCW 9.94A.030, only as relevant and necessary for those
individuals to take reasonable steps for the purpose of self-protection, or as provided in RCW 72.09.370(2). The information may
not be disclosed for the purpose of engaging the public in a system of
supervision, monitoring, and reporting offender behavior to the
department. The department must limit the disclosure of information
related to mental health services to the public to descriptions of an
offender's behavior, risk he or she may present to the community, and
need for mental health treatment, including medications, and shall not
disclose or release to the public copies of treatment documents or
records, except as otherwise provided by law. All disclosure of
information to the public must be done in a manner consistent with the
written policy established by the secretary. The decision to disclose
or not shall not result in civil liability for the department or its
employees so long as the decision was reached in good faith and without
gross negligence. Nothing in this subsection prevents any person from
reporting to law enforcement or the department behavior that he or she
believes creates a public safety risk.
NEW SECTION. Sec. 12 RCW 4.24.5502 is decodified.
NEW SECTION. Sec. 13 The following acts or parts of acts are
each repealed:
(1) RCW 13.40.005 (Juvenile disposition standards commission -- Abolished -- References to commission -- Transfer of powers, duties, and
functions) and 1995 c 269 s 301;
(2) RCW 9.94A.860 (Sentencing guidelines commission -- Membership --
Appointments -- Terms of office -- Expenses and compensation) and 2001 2nd
sp.s. c 12 s 311, 1996 c 232 s 3, 1993 c 11 s 1, 1988 c 157 s 2, 1984
c 287 s 10, & 1981 c 137 s 6;
(3) RCW 9.94A.8671 (Sex offender policy board -- Findings -- Intent)
and 2008 c 249 s 1;
(4) RCW 9.94A.8672 (Sex offender policy board -- Establishment) and
2008 c 249 s 2;
(5) RCW 9.94A.8674 (Sex offender policy board -- Terms -- Vacancies)
and 2008 c 249 s 4;
(6) RCW 9.94A.8675 (Sex offender policy board -- Authority) and 2008
c 249 s 5;
(7) RCW 9.94A.8676 (Sex offender policy board -- Duties) and 2008 c
249 s 6;
(8) RCW 9.94A.8677 (Sex offender policy board -- Travel expenses) and
2008 c 249 s 7;
(9) RCW 9.94A.8678 (Sex offender policy board -- Meeting attendance--Member replacement) and 2008 c 249 s 8;
(10) RCW 43.131.411 (Sex offender policy board -- Termination) and
2008 c 249 s 9; and
(11) RCW 43.131.412 (Sex offender policy board -- Repeal) and 2008 c
249 s 10.
Sec. 14 RCW 9.94A.850 and 2009 c 375 s 8 are each amended to read
as follows:
(1) At such times as the governor or the legislature may request
and within amounts appropriated, the governor may convene a sentencing
guidelines commission ((is)), established ((as an agency of state
government.)) within the
office of financial management to:
(2) The legislature finds that the commission, having accomplished
its original statutory directive to implement this chapter, and having
expertise in sentencing practice and policies, shall
(a) Evaluate state sentencing policy, to include whether the
sentencing ranges and standards are consistent with and further:
(i) The purposes of this chapter as defined in RCW 9.94A.010; and
(ii) The intent of the legislature to emphasize confinement for the
violent offender and alternatives to confinement for the nonviolent
offender.
((The commission shall provide the governor and the legislature
with its evaluation and recommendations under this subsection not later
than December 1, 1996, and every two years thereafter;))
(b) Recommend to the legislature revisions or modifications to the
standard sentence ranges, state sentencing policy, prosecuting
standards, and other standards. ((If implementation of the revisions
or modifications would result in exceeding the capacity of correctional
facilities, then the commission shall accompany its recommendation with
an additional list of standard sentence ranges which are consistent
with correction capacity;))
(c) ((Study the existing criminal code and from time to time make
recommendations to the legislature for modification;)) Evaluate the effectiveness of existing disposition standards
and related statutes in implementing policies set forth in RCW
13.40.010 ((
(d)(i) Serve as a clearinghouse and information center for the
collection, preparation, analysis, and dissemination of information on
state and local adult and juvenile sentencing practices; (ii) develop
and maintain a computerized adult and juvenile sentencing information
system by individual superior court judge consisting of offender,
offense, history, and sentence information entered from judgment and
sentence forms for all adult felons; and (iii) conduct ongoing research
regarding adult and juvenile sentencing guidelines, use of total
confinement and alternatives to total confinement, plea bargaining, and
other matters relating to the improvement of the adult criminal justice
system and the juvenile justice system;
(e) Assume the powers and duties of the juvenile disposition
standards commission after June 30, 1996;
(f)generally, specifically review the guidelines relating to
the confinement of minor and first-time offenders as well as the use of
diversion, and review the application of current and proposed juvenile
sentencing standards and guidelines for potential adverse impacts on
the sentencing outcomes of racial and ethnic minority youth;)).
(g) Solicit the comments and suggestions of the juvenile justice
community concerning disposition standards, and make recommendations to
the legislature regarding revisions or modifications of the standards.
The evaluations shall be submitted to the legislature on December 1 of
each odd-numbered year. The department of social and health services
shall provide the commission with available data concerning the
implementation of the disposition standards and related statutes and
their effect on the performance of the department's responsibilities
relating to juvenile offenders, and with recommendations for
modification of the disposition standards. The administrative office
of the courts shall provide the commission with available data on
diversion, including the use of youth court programs, and dispositions
of juvenile offenders under chapter 13.40 RCW; and
(h) Not later than December 1, 1997, and at least every two years
thereafter, based on available information, report to the governor and
the legislature on:
(i) Racial disproportionality in juvenile and adult sentencing,
and, if available, the impact that diversions, such as youth courts,
have on racial disproportionality in juvenile prosecution,
adjudication, and sentencing;
(ii) The capacity of state and local juvenile and adult facilities
and resources; and
(iii) Recidivism information on adult and juvenile offenders.
(3) Each of the commission's recommended standard sentence ranges
shall include one or more of the following: Total confinement, partial
confinement, community supervision, community restitution, and a fine.
(4) The standard sentence ranges of total and partial confinement
under this chapter, except as provided in RCW 9.94A.517, are subject to
the following limitations:
(a) If the maximum term in the range is one year or less, the
minimum term in the range shall be no less than one-third of the
maximum term in the range, except that if the maximum term in the range
is ninety days or less, the minimum term may be less than one-third of
the maximum;
(b) If the maximum term in the range is greater than one year, the
minimum term in the range shall be no less than seventy-five percent of
the maximum term in the range, except that for murder in the second
degree in seriousness level XIV under RCW 9.94A.510, the minimum term
in the range shall be no less than fifty percent of the maximum term in
the range; and
(c) The maximum term of confinement in a range may not exceed the
statutory maximum for the crime as provided in RCW 9A.20.021.
(5) The commission shall exercise its duties under this section in
conformity with chapter 34.05 RCW
(2) The commission shall consist of twenty voting members appointed
by the governor, one of whom the governor shall designate as chair.
(3) The voting membership consists of the following:
(a) The head of the state agency having general responsibility for
adult correction programs, as an ex officio member;
(b) The director of financial management or designee, as an ex
officio member;
(c) The chair of the indeterminate sentence review board, as an ex
officio member;
(d) The head of the state agency, or the agency head's designee,
having responsibility for juvenile corrections programs, as an ex
officio member;
(e) Two prosecuting attorneys;
(f) Two attorneys with particular expertise in defense work;
(g) Four persons who are superior court judges;
(h) One person who is the chief law enforcement officer of a county
or city;
(i) Four members of the public who are not prosecutors, defense
attorneys, judges, or law enforcement officers, one of whom is a victim
of crime or a crime victims' advocate;
(j) One person who is an elected official of a county government,
other than a prosecuting attorney or sheriff;
(k) One person who is an elected official of a city government;
(l) One person who is an administrator of juvenile court services.
In making the appointments, the governor shall endeavor to assure
that the commission membership includes adequate representation and
expertise relating to both the adult criminal justice system and the
juvenile justice system. In making the appointments, the governor
shall seek the recommendations of Washington prosecutors in respect to
the prosecuting attorney members, of the Washington state bar
association in respect to the defense attorney members, of the
association of superior court judges in respect to the members who are
judges, of the Washington association of sheriffs and police chiefs in
respect to the member who is a law enforcement officer, of the
Washington state association of counties in respect to the member who
is a county official, of the association of Washington cities in
respect to the member who is a city official, of the office of crime
victims advocacy and other organizations of crime victims in respect to
the member who is a victim of crime or a crime victims' advocate, and
of the Washington association of juvenile court administrators in
respect to the member who is an administrator of juvenile court
services.
(4) The speaker of the house of representatives and the president
of the senate may each appoint two nonvoting members to the commission,
one from each of the two largest caucuses in each house.
(5) The members of the commission shall be reimbursed for travel
expenses as provided in RCW 43.03.050 and 43.03.060. Legislative
members shall be reimbursed by their respective houses as provided
under RCW 44.04.120. Members shall be compensated in accordance with
RCW 43.03.250.
NEW SECTION. Sec. 15 A new section is added to chapter 9.94A RCW
to read as follows:
The standard sentence ranges of total and partial confinement under
this chapter, except as provided in RCW 9.94A.517, are subject to the
following limitations:
(1) If the maximum term in the range is one year or less, the
minimum term in the range shall be no less than one-third of the
maximum term in the range, except that if the maximum term in the range
is ninety days or less, the minimum term may be less than one-third of
the maximum;
(2) If the maximum term in the range is greater than one year, the
minimum term in the range shall be no less than seventy-five percent of
the maximum term in the range, except that for murder in the second
degree in seriousness level XIV under RCW 9.94A.510, the minimum term
in the range shall be no less than fifty percent of the maximum term in
the range; and
(3) The maximum term of confinement in a range may not exceed the
statutory maximum for the crime as provided in RCW 9A.20.021.
Sec. 16 RCW 9.94A.480 and 2002 c 290 s 16 are each amended to
read as follows:
(1) A current, newly created or reworked judgment and sentence
document for each felony sentencing shall record any and all
recommended sentencing agreements or plea agreements and the sentences
for any and all felony crimes kept as public records under RCW
9.94A.475 shall contain the clearly printed name and legal signature of
the sentencing judge. The judgment and sentence document as defined in
this section shall also provide additional space for the sentencing
judge's reasons for going either above or below the presumptive
sentence range for any and all felony crimes covered as public records
under RCW 9.94A.475. Both the sentencing judge and the prosecuting
attorney's office shall each retain or receive a completed copy of each
sentencing document as defined in this section for their own records.
(2) The ((sentencing guidelines commission)) department shall be
sent a completed copy of the judgment and sentence document upon
conviction for each felony sentencing under subsection (1) of this
section and shall compile a yearly and cumulative judicial record of
each sentencing judge in regards to his or her sentencing practices for
any and all felony crimes involving:
(a) Any violent offense as defined in this chapter;
(b) Any most serious offense as defined in this chapter;
(c) Any felony with any deadly weapon special verdict under RCW
((9.94A.602)) 9.94A.825;
(d) Any felony with any deadly weapon enhancements under RCW
9.94A.533 (3) or (4), or both; and/or
(e) The felony crimes of possession of a machine gun, possessing a
stolen firearm, drive-by shooting, theft of a firearm, unlawful
possession of a firearm in the first or second degree, and/or use of a
machine gun in a felony.
(3) The ((sentencing guidelines commission)) department shall
compare each individual judge's sentencing practices to the standard or
presumptive sentence range for any and all felony crimes listed in
subsection (2) of this section for the appropriate offense level as
defined in RCW 9.94A.515 or 9.94A.518, offender score as defined in RCW
9.94A.525, and any applicable deadly weapon enhancements as defined in
RCW 9.94A.533 (3) or (4), or both. These comparative records shall be
retained and made available to the public for review in a current,
newly created or reworked official published document by the
((sentencing guidelines commission)) department.
(4) Any and all felony sentences which are either above or below
the standard or presumptive sentence range in subsection (3) of this
section shall also mark whether the prosecuting attorney in the case
also recommended a similar sentence, if any, which was either above or
below the presumptive sentence range and shall also indicate if the
sentence was in conjunction with an approved alternative sentencing
option including a first-time offender waiver, sex offender sentencing
alternative, or other prescribed sentencing option.
(5) If any completed judgment and sentence document as defined in
subsection (1) of this section is not sent to the ((sentencing
guidelines commission)) department as required in subsection (2) of
this section, the ((sentencing guidelines commission)) department shall
have the authority and shall undertake reasonable and necessary steps
to assure that all past, current, and future sentencing documents as
defined in subsection (1) of this section are received by the
((sentencing guidelines commission)) department.
Sec. 17 RCW 9.94A.863 and 2009 c 431 s 2 are each amended to read
as follows:
The ((sentencing guidelines commission)) department shall review
the monetary threshold amounts differentiating the various degrees of
property crimes in Washington state to determine whether such amounts
should be modified. The ((sentencing guidelines commission))
department shall report to the legislature with its recommendations by
November 1, 2014, and every five years thereafter.
Sec. 18 RCW 13.50.010 and 2010 c 150 s 3 are each amended to read
as follows:
(1) For purposes of this chapter:
(a) "Juvenile justice or care agency" means any of the following:
Police, diversion units, court, prosecuting attorney, defense attorney,
detention center, attorney general, the legislative children's
oversight committee, the office of the family and children's ombudsman,
the department of social and health services and its contracting
agencies, schools; persons or public or private agencies having
children committed to their custody; and any placement oversight
committee created under RCW 72.05.415;
(b) "Official juvenile court file" means the legal file of the
juvenile court containing the petition or information, motions,
memorandums, briefs, findings of the court, and court orders;
(c) "Records" means the official juvenile court file, the social
file, and records of any other juvenile justice or care agency in the
case;
(d) "Social file" means the juvenile court file containing the
records and reports of the probation counselor.
(2) Each petition or information filed with the court may include
only one juvenile and each petition or information shall be filed under
a separate docket number. The social file shall be filed separately
from the official juvenile court file.
(3) It is the duty of any juvenile justice or care agency to
maintain accurate records. To this end:
(a) The agency may never knowingly record inaccurate information.
Any information in records maintained by the department of social and
health services relating to a petition filed pursuant to chapter 13.34
RCW that is found by the court to be false or inaccurate shall be
corrected or expunged from such records by the agency;
(b) An agency shall take reasonable steps to assure the security of
its records and prevent tampering with them; and
(c) An agency shall make reasonable efforts to insure the
completeness of its records, including action taken by other agencies
with respect to matters in its files.
(4) Each juvenile justice or care agency shall implement procedures
consistent with the provisions of this chapter to facilitate inquiries
concerning records.
(5) Any person who has reasonable cause to believe information
concerning that person is included in the records of a juvenile justice
or care agency and who has been denied access to those records by the
agency may make a motion to the court for an order authorizing that
person to inspect the juvenile justice or care agency record concerning
that person. The court shall grant the motion to examine records
unless it finds that in the interests of justice or in the best
interests of the juvenile the records or parts of them should remain
confidential.
(6) A juvenile, or his or her parents, or any person who has
reasonable cause to believe information concerning that person is
included in the records of a juvenile justice or care agency may make
a motion to the court challenging the accuracy of any information
concerning the moving party in the record or challenging the continued
possession of the record by the agency. If the court grants the
motion, it shall order the record or information to be corrected or
destroyed.
(7) The person making a motion under subsection (5) or (6) of this
section shall give reasonable notice of the motion to all parties to
the original action and to any agency whose records will be affected by
the motion.
(8) The court may permit inspection of records by, or release of
information to, any clinic, hospital, or agency which has the subject
person under care or treatment. The court may also permit inspection
by or release to individuals or agencies, including juvenile justice
advisory committees of county law and justice councils, engaged in
legitimate research for educational, scientific, or public purposes.
The court shall release to the ((sentencing guidelines commission))
department of corrections records needed for its research and data-gathering functions ((under RCW 9.94A.850 and other statutes)). Access
to records or information for research purposes shall be permitted only
if the anonymity of all persons mentioned in the records or information
will be preserved. Each person granted permission to inspect juvenile
justice or care agency records for research purposes shall present a
notarized statement to the court stating that the names of juveniles
and parents will remain confidential.
(9) Juvenile detention facilities shall release records to the
((sentencing guidelines commission under RCW 9.94A.850)) department of
corrections upon request. The commission shall not disclose the names
of any juveniles or parents mentioned in the records without the named
individual's written permission.
(10) Requirements in this chapter relating to the court's authority
to compel disclosure shall not apply to the legislative children's
oversight committee or the office of the family and children's
ombudsman.
(11) For the purpose of research only, the administrative office of
the courts shall maintain an electronic research copy of all records in
the judicial information system related to juveniles. Access to the
research copy is restricted to the Washington state center for court
research. The Washington state center for court research shall
maintain the confidentiality of all confidential records and shall
preserve the anonymity of all persons identified in the research copy.
The research copy may not be subject to any records retention schedule
and must include records destroyed or removed from the judicial
information system pursuant to RCW 13.50.050 (17) and (18) and
13.50.100(3).
(12) The court shall release to the Washington state office of
public defense records needed to implement the agency's oversight,
technical assistance, and other functions as required by RCW 2.70.020.
Access to the records used as a basis for oversight, technical
assistance, or other agency functions is restricted to the Washington
state office of public defense. The Washington state office of public
defense shall maintain the confidentiality of all confidential
information included in the records.
Sec. 19 RCW 9.94A.030 and 2010 c 274 s 401, 2010 c 267 s 9, 2010
c 227 s 11, and 2010 c 224 s 1 are each reenacted and amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "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.)) "Community corrections officer" means an employee of the
department who is responsible for carrying out specific duties in
supervision of sentenced offenders and monitoring of sentence
conditions.
(4)
(((5))) (4) "Community custody" means that portion of an offender's
sentence of confinement in lieu of earned release time or imposed as
part of a sentence under this chapter and served in the community
subject to controls placed on the offender's movement and activities by
the department.
(((6))) (5) "Community protection zone" means the area within eight
hundred eighty feet of the facilities and grounds of a public or
private school.
(((7))) (6) "Community restitution" means compulsory service,
without compensation, performed for the benefit of the community by the
offender.
(((8))) (7) "Confinement" means total or partial confinement.
(((9))) (8) "Conviction" means an adjudication of guilt pursuant to
Title 10 or 13 RCW and includes a verdict of guilty, a finding of
guilty, and acceptance of a plea of guilty.
(((10))) (9) "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.
(((11))) (10) "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.
(((12))) (11) "Criminal street gang" means any ongoing
organization, association, or group of three or more persons, whether
formal or informal, having a common name or common identifying sign or
symbol, having as one of its primary activities the commission of
criminal acts, and whose members or associates individually or
collectively engage in or have engaged in a pattern of criminal street
gang activity. This definition does not apply to employees engaged in
concerted activities for their mutual aid and protection, or to the
activities of labor and bona fide nonprofit organizations or their
members or agents.
(((13))) (12) "Criminal street gang associate or member" means any
person who actively participates in any criminal street gang and who
intentionally promotes, furthers, or assists in any criminal act by the
criminal street gang.
(((14))) (13) "Criminal street gang-related offense" means any
felony or misdemeanor offense, whether in this state or elsewhere, that
is committed for the benefit of, at the direction of, or in association
with any criminal street gang, or is committed with the intent to
promote, further, or assist in any criminal conduct by the gang, or is
committed for one or more of the following reasons:
(a) To gain admission, prestige, or promotion within the gang;
(b) To increase or maintain the gang's size, membership, prestige,
dominance, or control in any geographical area;
(c) To exact revenge or retribution for the gang or any member of
the gang;
(d) To obstruct justice, or intimidate or eliminate any witness
against the gang or any member of the gang;
(e) To directly or indirectly cause any benefit, aggrandizement,
gain, profit, or other advantage for the gang, its reputation,
influence, or membership; or
(f) To provide the gang with any advantage in, or any control or
dominance over any criminal market sector, including, but not limited
to, manufacturing, delivering, or selling any controlled substance
(chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen
property (chapter 9A.82 RCW); promoting prostitution (chapter 9A.88
RCW); human trafficking (RCW 9A.40.100); or promoting pornography
(chapter 9.68 RCW).
(((15))) (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.
(((16))) (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.
(((17))) (16) "Department" means the department of corrections.
(((18))) (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 custody, 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.
(((19))) (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.
(((20))) (19) "Domestic violence" has the same meaning as defined
in RCW 10.99.020 and 26.50.010.
(((21))) (20) "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.
(((22))) (21) "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.
(((23))) (22) "Earned release" means earned release from
confinement as provided in RCW 9.94A.728.
(((24))) (23) "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.
(((25))) (24) "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), 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.
(((26))) (25) "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.
(((27))) (26) "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.
(((28))) (27) "Home detention" means a program of partial
confinement available to offenders wherein the offender is confined in
a private residence subject to electronic surveillance.
(((29))) (28) "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.
(((30))) (29) "Minor child" means a biological or adopted child of
the offender who is under age eighteen at the time of the offender's
current offense.
(((31))) (30) "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.825;
(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)) 9A.44.100(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;
(w) Any out-of-state conviction for a felony offense with a finding
of sexual motivation if the minimum sentence imposed was ten years or
more; provided that the out-of-state felony offense must be comparable
to a felony offense under Title 9 or 9A RCW and the out-of-state
definition of sexual motivation must be comparable to the definition of
sexual motivation contained in this section.
(((32))) (31) "Nonviolent offense" means an offense which is not a
violent offense.
(((33))) (32) "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. In addition, for the purpose of community custody
requirements under this chapter, "offender" also means a misdemeanor or
gross misdemeanor probationer convicted of an offense included in RCW
9.94A.501(1) and ordered by a superior court to probation under the
supervision of the department pursuant to RCW 9.92.060, 9.95.204, or
9.95.210. Throughout this chapter, the terms "offender" and
"defendant" are used interchangeably.
(((34))) (33) "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 or home detention
has been ordered by the department as part of the parenting program, 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.
(((35))) (34) "Pattern of criminal street gang activity" means:
(a) The commission, attempt, conspiracy, or solicitation of, or any
prior juvenile adjudication of or adult conviction of, two or more of
the following criminal street gang-related offenses:
(i) Any "serious violent" felony offense as defined in this
section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a
Child 1 (RCW 9A.36.120);
(ii) Any "violent" offense as defined by this section, excluding
Assault of a Child 2 (RCW 9A.36.130);
(iii) Deliver or Possession with Intent to Deliver a Controlled
Substance (chapter 69.50 RCW);
(iv) Any violation of the firearms and dangerous weapon act
(chapter 9.41 RCW);
(v) Theft of a Firearm (RCW 9A.56.300);
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);
(vii) Malicious Harassment (RCW 9A.36.080);
(viii) Harassment where a subsequent violation or deadly threat is
made (RCW 9A.46.020(2)(b));
(ix) Criminal Gang Intimidation (RCW 9A.46.120);
(x) Any felony conviction by a person eighteen years of age or
older with a special finding of involving a juvenile in a felony
offense under RCW 9.94A.833;
(xi) Residential Burglary (RCW 9A.52.025);
(xii) Burglary 2 (RCW 9A.52.030);
(xiii) Malicious Mischief 1 (RCW 9A.48.070);
(xiv) Malicious Mischief 2 (RCW 9A.48.080);
(xv) Theft of a Motor Vehicle (RCW 9A.56.065);
(xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068);
(xvii) Taking a Motor Vehicle Without Permission 1 (RCW 9A.56.070);
(xviii) Taking a Motor Vehicle Without Permission 2 (RCW
9A.56.075);
(xix) Extortion 1 (RCW 9A.56.120);
(xx) Extortion 2 (RCW 9A.56.130);
(xxi) Intimidating a Witness (RCW 9A.72.110);
(xxii) Tampering with a Witness (RCW 9A.72.120);
(xxiii) Reckless Endangerment (RCW 9A.36.050);
(xxiv) Coercion (RCW 9A.36.070);
(xxv) Harassment (RCW 9A.46.020); or
(xxvi) Malicious Mischief 3 (RCW 9A.48.090);
(b) That at least one of the offenses listed in (a) of this
subsection shall have occurred after July 1, 2008;
(c) That the most recent committed offense listed in (a) of this
subsection occurred within three years of a prior offense listed in (a)
of this subsection; and
(d) Of the offenses that were committed in (a) of this subsection,
the offenses occurred on separate occasions or were committed by two or
more persons.
(((36))) (35) "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, assault of a child in the second degree, or burglary in the
first degree; or (C) an attempt to commit any crime listed in this
subsection (((36))) (35)(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.
(((37))) (36) "Predatory" means: (a) The perpetrator of the crime
was a stranger to the victim, as defined in this section; (b) the
perpetrator established or promoted a relationship with the victim
prior to the offense and the victimization of the victim was a
significant reason the perpetrator established or promoted the
relationship; or (c) the perpetrator was: (i) A teacher, counselor,
volunteer, or other person in authority in any public or private school
and the victim was a student of the school under his or her authority
or supervision. For purposes of this subsection, "school" does not
include home-based instruction as defined in RCW 28A.225.010; (ii) a
coach, trainer, volunteer, or other person in authority in any
recreational activity and the victim was a participant in the activity
under his or her authority or supervision; (iii) a pastor, elder,
volunteer, or other person in authority in any church or religious
organization, and the victim was a member or participant of the
organization under his or her authority; or (iv) a teacher, counselor,
volunteer, or other person in authority providing home-based
instruction and the victim was a student receiving home-based
instruction while under his or her authority or supervision. For
purposes of this subsection: (A) "Home-based instruction" has the same
meaning as defined in RCW 28A.225.010; and (B) "teacher, counselor,
volunteer, or other person in authority" does not include the parent or
legal guardian of the victim.
(((38))) (37) "Private school" means a school regulated under
chapter 28A.195 or 28A.205 RCW.
(((39))) (38) "Public school" has the same meaning as in RCW
28A.150.010.
(((40))) (39) "Repetitive domestic violence offense" means any:
(a)(i) Domestic violence assault that is not a felony offense under
RCW 9A.36.041;
(ii) Domestic violence violation of a no-contact order under
chapter 10.99 RCW that is not a felony offense;
(iii) Domestic violence violation of a protection order under
chapter 26.09, 26.10, 26.26, or 26.50 RCW that is not a felony offense;
(iv) Domestic violence harassment offense under RCW 9A.46.020 that
is not a felony offense; or
(v) Domestic violence stalking offense under RCW 9A.46.110 that is
not a felony offense; or
(b) Any federal, out-of-state, tribal court, military, county, or
municipal conviction for an offense that under the laws of this state
would be classified as a repetitive domestic violence offense under (a)
of this subsection.
(((41))) (40) "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.
(((42))) (41) "Risk assessment" means the application of the risk
instrument recommended to the department by the Washington state
institute for public policy as having the highest degree of predictive
accuracy for assessing an offender's risk of reoffense.
(((43))) (42) "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.
(((44))) (43) "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.
(((45))) (44) "Sex offense" means:
(a)(i) A felony that is a violation of chapter 9A.44 RCW other than
RCW 9A.44.132;
(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.080;
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt,
criminal solicitation, or criminal conspiracy to commit such crimes; or
(v) A felony violation of RCW 9A.44.132(1) (failure to register) if
the person has been convicted of violating RCW 9A.44.132(1) (failure to
register) on at least one prior occasion;
(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.
(((46))) (45) "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.
(((47))) (46) "Standard sentence range" means the sentencing
court's discretionary range in imposing a nonappealable sentence.
(((48))) (47) "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.
(((49))) (48) "Stranger" means that the victim did not know the
offender twenty-four hours before the offense.
(((50))) (49) "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.
(((51))) (50) "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.
(((52))) (51) "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.
(((53))) (52) "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.
(((54))) (53) "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.
(((55))) (54) "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.
(((56))) (55) "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. 20 RCW 9.94A.74501 and 2001 c 35 s 3 are each amended to
read as follows:
(1) The ((sentencing guidelines commission)) department of
corrections shall serve as the state council for interstate adult
offender supervision as required under article IV of RCW 9.94A.745, the
interstate compact for adult offender supervision. ((To assist the
commission in performing its functions as the state council,)) The
department of corrections shall provide staffing and support services.
The ((commission)) department of corrections may form a subcommittee,
including members representing the legislative, judicial, and executive
branches of state government, and victims' groups((, and the secretary
of corrections,)) to perform the functions of the state council. Any
such subcommittee shall include representation of both houses and at
least two of the four largest political caucuses in the legislature.
(2) The ((commission,)) department or a subcommittee if formed for
that purpose, shall:
(a) Review department operations and procedures under RCW
9.94A.745, and recommend policies to the compact administrator,
including policies to be pursued in the administrator's capacity as the
state's representative on the interstate commission created under
article III of RCW 9.94A.745;
(b) Report annually to the legislature on interstate supervision
operations and procedures under RCW 9.94A.745, including
recommendations for policy changes; and
(c) Not later than December 1, 2004, report to the legislature on
the effectiveness of its functioning as the state council under article
IV of RCW 9.94A.745, and recommend any legislation it deems
appropriate.
(3) The ((commission, or a subcommittee if formed for that
purpose,)) secretary shall appoint ((one of its members, or)) an
employee of the department ((designated by the secretary)), or a
subcommittee if formed for that purpose shall appoint one of its
members, to represent the state at meetings of the interstate
commission created under article III of RCW 9.94A.745 when the compact
administrator cannot attend.
Sec. 21 RCW 9.94A.855 and 2005 c 282 s 20 are each amended to
read as follows:
The ((commission)) department shall appoint a research staff of
sufficient size and with sufficient resources to accomplish its duties.
The ((commission)) department may request from ((the office of
financial management, the indeterminate sentence review board,)) the
administrative office of the courts, the department of corrections, and
the department of social and health services such data, information,
and data processing assistance as it may need to accomplish its duties,
and such services shall be provided without cost to the ((commission))
department. ((The commission shall adopt its own bylaws.))
The salary for a full-time executive officer, if any, shall be
fixed by the governor pursuant to RCW 43.03.040.
Sec. 22 RCW 9.94A.870 and 1999 c 143 s 13 are each amended to
read as follows:
If the governor finds that an emergency exists in that the
population of a state residential correctional facility exceeds its
reasonable, maximum capacity, then the governor may ((do any one or
more of the following:)) call the clemency and pardons board into an emergency meeting
for the purpose of recommending whether the governor's commutation or
pardon power should be exercised to meet the present emergency.
(1) Call the sentencing guidelines commission into an emergency
meeting for the purpose of evaluating the standard ranges and other
standards. The commission may adopt any revision or amendment to the
standard ranges or other standards that it believes appropriate to deal
with the emergency situation. The revision or amendment shall be
adopted in conformity with chapter 34.05 RCW and shall take effect on
the date prescribed by the commission. The legislature shall approve
or modify the commission's revision or amendment at the next
legislative session after the revision or amendment takes effect.
Failure of the legislature to act shall be deemed as approval of the
revision or amendment;
(2)
Sec. 23 RCW 9.94A.875 and 1984 c 209 s 9 are each amended to read
as follows:
If the governor finds that an emergency exists in that the
populations of county jails exceed their reasonable, maximum capacity
in a significant manner as a result of increases in the sentenced felon
population due to implementation of chapter 9.94A RCW, the governor may
((do any one or more of the following:)) call the clemency and pardons board into an emergency meeting
for the purpose of recommending whether the governor's commutation or
pardon power should be exercised to meet the present emergency.
(1) Call the sentencing guidelines commission into an emergency
meeting for the purpose of evaluating the standard ranges and other
standards. The commission may adopt any revision or amendment to the
standard ranges or other standards that it believes appropriate to deal
with the emergency situation. The revision or amendment shall be
adopted in conformity with chapter 34.05 RCW and shall take effect on
the date prescribed by the commission. The legislature shall approve
or modify the commission's revision or amendment at the next
legislative session after the revision or amendment takes effect.
Failure of the legislature to act shall be deemed as approval of the
revision or amendment. The commission shall also analyze how
alternatives to total confinement are being provided and used and may
recommend other emergency measures that may relieve the overcrowding.
(2)
Sec. 24 RCW 9A.52.025 and 1989 2nd ex.s. c 1 s 1 are each amended
to read as follows:
(1) A person is guilty of residential burglary if, with intent to
commit a crime against a person or property therein, the person enters
or remains unlawfully in a dwelling other than a vehicle.
(2) Residential burglary is a class B felony. In establishing
sentencing guidelines and disposition standards, ((the sentencing
guidelines commission and)) the juvenile disposition standards
commission shall consider residential burglary as a more serious
offense than second degree burglary.
Sec. 25 RCW 10.98.140 and 1987 c 462 s 4 are each amended to read
as follows:
(1) The section, the department, and the office of financial
management shall be the primary sources of information for criminal
justice forecasting. The information maintained by these agencies
shall be complete, accurate, and sufficiently timely to support state
criminal justice forecasting.
(2) The office of financial management shall be the official state
agency for the sentenced felon jail forecast. This forecast shall
provide at least a six-year projection and shall be published by
December 1 of every even-numbered year beginning with 1986. The office
of financial management shall seek advice regarding the assumptions in
the forecast from criminal justice agencies and associations.
(3) The ((sentencing guidelines commission)) department of
corrections shall keep records on all sentencings above or below the
standard range defined by chapter 9.94A RCW. As a minimum, the records
shall include the name of the offender, the crimes for which the
offender was sentenced, the name and county of the sentencing judge,
and the deviation from the standard range. Such records shall be made
available to public officials upon request.
Sec. 26 RCW 10.98.160 and 2005 c 282 s 25 are each amended to
read as follows:
In the development and modification of the procedures, definitions,
and reporting capabilities of the section, the department, the office
of financial management, and the responsible agencies and persons shall
consider the needs of other criminal justice agencies such as the
administrative office of the courts, local law enforcement agencies,
local jails, ((the sentencing guidelines commission,)) the
indeterminate sentence review board, the clemency board, prosecuting
attorneys, and affected state agencies such as the office of financial
management and legislative committees dealing with criminal justice
issues. The Washington integrated justice information board shall
review and provide recommendations to state justice agencies and the
courts for development and modification of the statewide justice
information network.
Sec. 27 RCW 70.96A.350 and 2009 c 479 s 50 and 2009 c 445 s 1 are
each reenacted and amended to read as follows:
(1) The criminal justice treatment account is created in the state
treasury. Moneys in the account may be expended solely for: (a)
Substance abuse treatment and treatment support services for offenders
with an addiction or a substance abuse problem that, if not treated,
would result in addiction, against whom charges are filed by a
prosecuting attorney in Washington state; (b) the provision of drug and
alcohol treatment services and treatment support services for
nonviolent offenders within a drug court program; (c) the
administrative and overhead costs associated with the operation of a
drug court; and (d) during the 2007-2009 biennium, operation of the
integrated crisis response and intensive case management pilots
contracted with the department of social and health services division
of alcohol and substance abuse. Moneys in the account may be spent
only after appropriation.
(2) For purposes of this section:
(a) "Treatment" means services that are critical to a participant's
successful completion of his or her substance abuse treatment program,
but does not include the following services: Housing other than that
provided as part of an inpatient substance abuse treatment program,
vocational training, and mental health counseling; and
(b) "Treatment support" means transportation to or from inpatient
or outpatient treatment services when no viable alternative exists, and
child care services that are necessary to ensure a participant's
ability to attend outpatient treatment sessions.
(3) Revenues to the criminal justice treatment account consist of:
(a) Funds transferred to the account pursuant to this section; and (b)
any other revenues appropriated to or deposited in the account.
(4)(a) For the fiscal biennium beginning July 1, 2003, the state
treasurer shall transfer eight million nine hundred fifty thousand
dollars from the general fund into the criminal justice treatment
account, divided into eight equal quarterly payments. For the fiscal
year beginning July 1, 2005, and each subsequent fiscal year, the state
treasurer shall transfer eight million two hundred fifty thousand
dollars from the general fund to the criminal justice treatment
account, divided into four equal quarterly payments. For the fiscal
year beginning July 1, 2006, and each subsequent fiscal year, the
amount transferred shall be increased on an annual basis by the
implicit price deflator as published by the federal bureau of labor
statistics.
(b) In each odd-numbered year, the legislature shall appropriate
the amount transferred to the criminal justice treatment account in (a)
of this subsection to the division of alcohol and substance abuse for
the purposes of subsection (5) of this section.
(5) Moneys appropriated to the division of alcohol and substance
abuse from the criminal justice treatment account shall be distributed
as specified in this subsection. The department shall serve as the
fiscal agent for purposes of distribution. Until July 1, 2004, the
department may not use moneys appropriated from the criminal justice
treatment account for administrative expenses and shall distribute all
amounts appropriated under subsection (4)(b) of this section in
accordance with this subsection. Beginning in July 1, 2004, the
department may retain up to three percent of the amount appropriated
under subsection (4)(b) of this section for its administrative costs.
(a) Seventy percent of amounts appropriated to the division from
the account shall be distributed to counties pursuant to the
distribution formula adopted under this section. The division of
alcohol and substance abuse, in consultation with the department of
corrections, ((the sentencing guidelines commission,)) the Washington
state association of counties, the Washington state association of drug
court professionals, the superior court judges' association, the
Washington association of prosecuting attorneys, representatives of the
criminal defense bar, representatives of substance abuse treatment
providers, and any other person deemed by the division to be necessary,
shall establish a fair and reasonable methodology for distribution to
counties of moneys in the criminal justice treatment account. County
or regional plans submitted for the expenditure of formula funds must
be approved by the panel established in (b) of this subsection.
(b) Thirty percent of the amounts appropriated to the division from
the account shall be distributed as grants for purposes of treating
offenders against whom charges are filed by a county prosecuting
attorney. The division shall appoint a panel of representatives from
the Washington association of prosecuting attorneys, the Washington
association of sheriffs and police chiefs, the superior court judges'
association, the Washington state association of counties, the
Washington defender's association or the Washington association of
criminal defense lawyers, the department of corrections, the Washington
state association of drug court professionals, substance abuse
treatment providers, and the division. The panel shall review county
or regional plans for funding under (a) of this subsection and grants
approved under this subsection. The panel shall attempt to ensure that
treatment as funded by the grants is available to offenders statewide.
(6) The county alcohol and drug coordinator, county prosecutor,
county sheriff, county superior court, a substance abuse treatment
provider appointed by the county legislative authority, a member of the
criminal defense bar appointed by the county legislative authority,
and, in counties with a drug court, a representative of the drug court
shall jointly submit a plan, approved by the county legislative
authority or authorities, to the panel established in subsection (5)(b)
of this section, for disposition of all the funds provided from the
criminal justice treatment account within that county. The funds shall
be used solely to provide approved alcohol and substance abuse
treatment pursuant to RCW 70.96A.090, treatment support services, and
for the administrative and overhead costs associated with the operation
of a drug court.
(a) No more than ten percent of the total moneys received under
subsections (4) and (5) of this section by a county or group of
counties participating in a regional agreement shall be spent on the
administrative and overhead costs associated with the operation of a
drug court.
(b) No more than ten percent of the total moneys received under
subsections (4) and (5) of this section by a county or group of
counties participating in a regional agreement shall be spent for
treatment support services.
(7) Counties are encouraged to consider regional agreements and
submit regional plans for the efficient delivery of treatment under
this section.
(8) Moneys allocated under this section shall be used to
supplement, not supplant, other federal, state, and local funds used
for substance abuse treatment.
(9) Counties must meet the criteria established in RCW
2.28.170(3)(b).
(10) The authority under this section to use funds from the
criminal justice treatment account for the administrative and overhead
costs associated with the operation of a drug court expires June 30,
2013.
Sec. 28 RCW 72.09.350 and 1993 c 459 s 1 are each amended to read
as follows:
(1) The department of corrections and the University of Washington
may enter into a collaborative arrangement to provide improved services
for ((mentally ill)) offenders with mental illness with a focus on
prevention, treatment, and reintegration into society. The
participants in the collaborative arrangement may develop a strategic
plan within sixty days after May 17, 1993, to address the management of
((mentally ill)) offenders with mental illness within the correctional
system, facilitating their reentry into the community and the mental
health system, and preventing the inappropriate incarceration of
((mentally ill)) individuals with mental illness. The collaborative
arrangement may also specify the establishment and maintenance of a
corrections mental health center located at McNeil Island corrections
center. The collaborative arrangement shall require that an advisory
panel of key stakeholders be established and consulted throughout the
development and implementation of the center. The stakeholders
advisory panel shall include a broad array of interest groups drawn
from representatives of mental health, criminal justice, and
correctional systems. The stakeholders advisory panel shall include,
but is not limited to, membership from: The department of corrections,
the department of social and health services mental health division and
division of juvenile rehabilitation, regional support networks, local
and regional law enforcement agencies, ((the sentencing guidelines
commission,)) county and city jails, mental health advocacy groups for
((the mentally ill, developmentally disabled)) individuals with mental
illness, individuals with developmental disabilities, and traumatically
brain-injured, and the general public. The center established by the
department of corrections and University of Washington, in consultation
with the stakeholder advisory groups, shall have the authority to:
(a) Develop new and innovative treatment approaches for corrections
mental health clients;
(b) Improve the quality of mental health services within the
department and throughout the corrections system;
(c) Facilitate mental health staff recruitment and training to meet
departmental, county, and municipal needs;
(d) Expand research activities within the department in the area of
treatment services, the design of delivery systems, the development of
organizational models, and training for corrections mental health care
professionals;
(e) Improve the work environment for correctional employees by
developing the skills, knowledge, and understanding of how to work with
offenders with special chronic mental health challenges;
(f) Establish a more positive rehabilitative environment for
offenders;
(g) Strengthen multidisciplinary mental health collaboration
between the University of Washington, other groups committed to the
intent of this section, and the department of corrections;
(h) Strengthen department linkages between institutions of higher
education, public sector mental health systems, and county and
municipal corrections;
(i) Assist in the continued formulation of corrections mental
health policies;
(j) Develop innovative and effective recruitment and training
programs for correctional personnel working with ((mentally ill))
offenders with mental illness;
(k) Assist in the development of a coordinated continuum of mental
health care capable of providing services from corrections entry to
community return; and
(l) Evaluate all current and innovative approaches developed within
this center in terms of their effective and efficient achievement of
improved mental health of inmates, development and utilization of
personnel, the impact of these approaches on the functioning of
correctional institutions, and the relationship of the corrections
system to mental health and criminal justice systems. Specific
attention should be paid to evaluating the effects of programs on the
reintegration of ((mentally ill)) offenders with mental illness into
the community and the prevention of inappropriate incarceration of
((mentally ill)) persons with mental illness.
(2) The corrections mental health center may conduct research,
training, and treatment activities for the ((mentally ill)) offender
with mental illness within selected sites operated by the department.
The department shall provide support services for the center such as
food services, maintenance, perimeter security, classification,
offender supervision, and living unit functions. The University of
Washington may develop, implement, and evaluate the clinical,
treatment, research, and evaluation components of the mentally ill
offender center. The institute of (([for])) for public policy and
management may be consulted regarding the development of the center and
in the recommendations regarding public policy. As resources permit,
training within the center shall be available to state, county, and
municipal agencies requiring the services. Other state colleges, state
universities, and mental health providers may be involved in activities
as required on a subcontract basis. Community mental health
organizations, research groups, and community advocacy groups may be
critical components of the center's operations and involved as
appropriate to annual objectives. ((Mentally ill)) Clients with mental
illness may be drawn from throughout the department's population and
transferred to the center as clinical need, available services, and
department jurisdiction permits.
(3) The department shall prepare a report of the center's progress
toward the attainment of stated goals and provide the report to the
legislature annually.
Sec. 29 RCW 72.66.016 and 1983 c 255 s 8 are each amended to read
as follows:
(1) A furlough shall not be granted to a resident if the furlough
would commence prior to the time the resident has served the minimum
amounts of time provided under this section:
(a) If his or her minimum term of imprisonment is longer than
twelve months, he or she shall have served at least six months of the
term;
(b) If his or her minimum term of imprisonment is less than twelve
months, he or she shall have served at least ninety days and shall have
no longer than six months left to serve on his or her minimum term;
(c) If he or she is serving a mandatory minimum term of
confinement, he or she shall have served all but the last six months of
such term.
(2) A person convicted and sentenced for a violent offense as
defined in RCW 9.94A.030 is not eligible for furlough until the person
has served at least one-half of the minimum term ((as established by
the board of prison terms and paroles or the sentencing guidelines
commission)).
Sec. 30 RCW 43.15.020 and 2010 1st sp.s. c 7 s 136 and 2010 c 271
s 704 are each reenacted and amended to read as follows:
The lieutenant governor serves as president of the senate and is
responsible for making appointments to, and serving on, the committees
and boards as set forth in this section.
(1) The lieutenant governor serves on the following boards and
committees:
(a) Capitol furnishings preservation committee, RCW 27.48.040;
(b) Washington higher education facilities authority, RCW
28B.07.030;
(c) Productivity board, also known as the employee involvement and
recognition board, RCW 41.60.015;
(d) State finance committee, RCW 43.33.010;
(e) State capitol committee, RCW 43.34.010;
(f) Washington health care facilities authority, RCW 70.37.030;
(g) State medal of merit nominating committee, RCW 1.40.020;
(h) Medal of valor committee, RCW 1.60.020; and
(i) Association of Washington generals, RCW 43.15.030.
(2) The lieutenant governor, and when serving as president of the
senate, appoints members to the following boards and committees:
(a) Civil legal aid oversight committee, RCW 2.53.010;
(b) Office of public defense advisory committee, RCW 2.70.030;
(c) Washington state gambling commission, RCW 9.46.040;
(d) ((Sentencing guidelines commission, RCW 9.94A.860;)) State building code council, RCW 19.27.070;
(e)
(((f))) (e) Financial education public-private partnership, RCW
28A.300.450;
(((g))) (f) Joint administrative rules review committee, RCW
34.05.610;
(((h))) (g) Capital projects advisory review board, RCW 39.10.220;
(((i))) (h) Select committee on pension policy, RCW 41.04.276;
(((j))) (i) Legislative ethics board, RCW 42.52.310;
(((k))) (j) Washington citizens' commission on salaries, RCW
43.03.305;
(((l))) (k) Legislative oral history committee, RCW 44.04.325;
(((m))) (l) State council on aging, RCW 43.20A.685;
(((n))) (m) State investment board, RCW 43.33A.020;
(((o))) (n) Capitol campus design advisory committee, RCW
43.34.080;
(((p))) (o) Washington state arts commission, RCW 43.46.015;
(((q))) (p) Information services board, RCW 43.105.032;
(((r))) (q) Council for children and families, RCW 43.121.020;
(((s))) (r) PNWER-Net working subgroup under chapter 43.147 RCW;
(((t))) (s) Community economic revitalization board, RCW
43.160.030;
(((u))) (t) Washington economic development finance authority, RCW
43.163.020;
(((v))) (u) Life sciences discovery fund authority, RCW 43.350.020;
(((w))) (v) Legislative children's oversight committee, RCW
44.04.220;
(((x))) (w) Joint legislative audit and review committee, RCW
44.28.010;
(((y))) (x) Joint committee on energy supply and energy
conservation, RCW 44.39.015;
(((z))) (y) Legislative evaluation and accountability program
committee, RCW 44.48.010;
(((aa))) (z) Agency council on coordinated transportation, RCW
47.06B.020;
(((bb))) (aa) Manufactured housing task force, RCW 59.22.090;
(((cc))) (bb) Washington horse racing commission, RCW 67.16.014;
(((dd))) (cc) Correctional industries board of directors, RCW
72.09.080;
(((ee))) (dd) Joint committee on veterans' and military affairs,
RCW 73.04.150;
(((ff))) (ee) Joint legislative committee on water supply during
drought, RCW 90.86.020;
(((gg))) (ff) Statute law committee, RCW 1.08.001; and
(((hh))) (gg) Joint legislative oversight committee on trade
policy, RCW 44.55.020.
NEW SECTION. Sec. 31 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
July 1, 2011."
SB 5790 -
By Senator Hargrove
NOT CONSIDERED 05/25/2011
On page 1, line 1 of the title, after "commissions;" strike the remainder of the title and insert "amending RCW 9.94A.8673, 9.95.003, 9.95.005, 9.95.007, 9.95.140, 9.95.280, 9.95.300, 9.96.050, 71.05.385, 72.09.585, 9.94A.850, 9.94A.480, 9.94A.863, 13.50.010, 9.94A.74501, 9.94A.855, 9.94A.870, 9.94A.875, 9A.52.025, 10.98.140, 10.98.160, 72.09.350, and 72.66.016; reenacting and amending RCW 9.94A.030, 70.96A.350, and 43.15.020; adding a new section to chapter 9.94A RCW; creating a new section; decodifying RCW 4.24.5502; repealing RCW 13.40.005, 9.94A.860, 9.94A.8671, 9.94A.8672, 9.94A.8674, 9.94A.8675, 9.94A.8676, 9.94A.8677, 9.94A.8678, 43.131.411, and 43.131.412; providing an effective date; and declaring an emergency."
EFFECT: The Sex Offender Policy Board is established within the Office of Financial Management as a dormant entity that may be convened at the request of the governor or legislature. Language is added to ensure the transfer of ISRB property and employees to DOC. The Sentencing Guidelines Commission is restored as a dormant commission within the Office of Financial Management. The SGC data functions are transferred to the Department of Corrections rather than the Office of Financial Management. The effective date is changed to July 1, 2011.