| State of Washington | 62nd Legislature | 2011 1st Special Session |
READ FIRST TIME 05/19/11.
AN ACT Relating to criminal justice cost savings; amending RCW 9.94A.171, 9.94A.729, 9.92.060, 9.95.210, 9.94A.650, 9.94A.780, 9.95.214, 72.04A.120, 72.11.040, 9.94A.74504, 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.480, 13.50.010, 9.94A.74501, 10.98.140, 10.98.160, 72.66.016, 9.94A.860, 9.94A.8673, 9A.52.025, 9.95.011, and 9.95.009; reenacting and amending RCW 9.94A.501, 9.95.204, 9.94A.030, and 70.96A.350; adding new sections to chapter 9.94A RCW; adding new sections to chapter 43.88C RCW; creating new sections; decodifying RCW 4.24.5502; repealing RCW 13.40.005, 9.94A.850, 9.94A.855, 9.94A.863, 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; repealing 2011 c 96 s 11; providing an effective date; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.94A.171 and 2008 c 231 s 28 are each amended to read
as follows:
(1) A term of confinement ordered in a sentence pursuant to this
chapter shall be tolled by any period of time during which the offender
has absented himself or herself from confinement without the prior
approval of the entity in whose custody the offender has been placed.
A term of partial confinement shall be tolled during any period of time
spent in total confinement pursuant to a new conviction ((or pursuant
to sanctions for violation of sentence conditions on a separate felony
conviction)).
(2) Any term of community custody shall be tolled by any period of
time during which the offender has absented himself or herself from
supervision without prior approval of the entity under whose
supervision the offender has been placed.
(3)(a) For offenders other than sex offenders serving a sentence
for a sex offense as defined in RCW 9.94A.030, any period of community
custody shall be tolled during any period of time the offender is in
confinement for any reason((. However, if an)) unless the offender is
detained pursuant to RCW 9.94A.740 or 9.94A.631 ((and is later found
not to have violated a condition or requirement of community custody,
time spent in confinement due to such detention shall not toll the
period of community custody)) for the period of time prior to the
hearing or for confinement pursuant to sanctions imposed for violation
of sentence conditions, in which case, the period of community custody
shall not toll. However, sanctions that result in the imposition of
the remaining sentence or the original sentence will continue to toll
the period of community custody. In addition, inpatient treatment
ordered by the court in lieu of jail time shall not toll the period of
community custody.
(b) For sex offenders serving a sentence for a sex offense as
defined in RCW 9.94A.030, any period of community custody shall be
tolled during any period of time the sex offender is in confinement for
any reason.
(4) For terms of confinement or community custody, the date for the
tolling of the sentence shall be established by the entity responsible
for the confinement or supervision.
(5) For the purposes of this section, "tolling" means the period of
time in which community custody or confinement time is paused and for
which the offender does not receive credit towards the term ordered.
Sec. 2 RCW 9.94A.501 and 2010 c 267 s 10 and 2010 c 224 s 3 are
each reenacted and amended to read as follows:
(1) The department shall supervise up to one year every offender
((convicted of a misdemeanor or gross misdemeanor offense who is))
sentenced to probation in superior court, pursuant to RCW 9.92.060,
9.95.204, or 9.95.210, ((for an offense included in (a) and (b) of this
subsection. The superior court shall order probation for:)) and who
has:
(a) Offenders convicted of fourth degree assault, violation of a
domestic violence court order pursuant to RCW 10.99.040, 10.99.050,
26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145,
and who also have a prior conviction for one or more of the following:
(i) A violent offense;
(ii) A sex offense;
(iii) A crime against a person as provided in RCW 9.94A.411;
(iv) Fourth degree assault; or
(v) Violation of a domestic violence court order; and
(b) Offenders convicted of:
(i) Sexual misconduct with a minor second degree;
(ii) Custodial sexual misconduct second degree;
(iii) Communication with a minor for immoral purposes; and
(iv) Violation of RCW 9A.44.132(2) (failure to register)
(a) A current conviction for a repetitive domestic violence offense
where domestic violence has been plead and proven after August 1, 2011;
and
(b) A prior conviction for a repetitive domestic violence offense
or domestic violence felony offense where domestic violence has been
plead and proven after August 1, 2011.
(2) Misdemeanor and gross misdemeanor offenders supervised by the
department pursuant to this section shall be placed on community
custody.
(3) The department shall supervise every felony offender sentenced
to community custody pursuant to RCW 9.94A.701 or 9.94A.702 whose risk
assessment((, conducted pursuant to subsection (6) of this section,))
classifies the offender as one who is at a high risk to reoffend.
(4) Notwithstanding any other provision of this section, the
department shall supervise an offender sentenced to community custody
regardless of risk classification if the offender:
(a) Has a current conviction for a sex offense or a serious violent
offense ((as defined in RCW 9.94A.030)) and was sentenced to a term of
community custody pursuant to RCW 9.94A.701 or 9.94A.507;
(b) Has been identified by the department as a dangerous mentally
ill offender pursuant to RCW 72.09.370;
(c) Has an indeterminate sentence and is subject to parole pursuant
to RCW 9.95.017;
(d) Has a current conviction for violating RCW 9A.44.132(1)
(failure to register) and was sentenced to a term of community custody
pursuant to RCW 9.94A.701;
(e) Has a current conviction for a domestic violence felony offense
where domestic violence has been plead and proven after August 1, 2011,
and a prior conviction for a repetitive domestic violence offense or
domestic violence felony offense where domestic violence has been plead
and proven after August 1, 2011;
(f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, or
9.94A.670; or
(((f))) (g) Is subject to supervision pursuant to RCW 9.94A.745.
(5) The department is not authorized to, and may not, supervise any
offender sentenced to a term of community custody or any probationer
unless the offender or probationer is one for whom supervision is
required under ((subsection (1), (2), (3), or (4) of)) this section or
section 3 of this act.
(6) The department shall conduct a risk assessment for every felony
offender sentenced to a term of community custody who may be subject to
supervision under this section or section 3 of this act.
NEW SECTION. Sec. 3 A new section is added to chapter 9.94A RCW
to read as follows:
(1) The department shall supervise every offender convicted prior
to August 2, 2011, of a misdemeanor or gross misdemeanor offense who is
sentenced to probation in superior court, pursuant to RCW 9.92.060,
9.95.204, or 9.95.210, for an offense as provided in this subsection.
The superior court shall order probation for offenders who have:
(a) A current conviction for fourth degree assault or violation of
a domestic violence court order pursuant to RCW 10.99.040, 10.99.050,
26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145;
and
(b) A prior conviction for one or more of the following:
(i) A violent offense;
(ii) A sex offense;
(iii) A crime against a person as provided in RCW 9.94A.411;
(iv) Fourth degree assault; or
(v) Violation of a domestic violence court order.
(2) This section expires August 1, 2014.
Sec. 4 RCW 9.94A.729 and 2010 c 224 s 7 are each amended to read
as follows:
(1)(a) The term of the sentence of an offender committed to a
correctional facility operated by the department may be reduced by
earned release time in accordance with procedures that shall be
developed and adopted by the correctional agency having jurisdiction in
which the offender is confined. The earned release time shall be for
good behavior and good performance, as determined by the correctional
agency having jurisdiction. The correctional agency shall not credit
the offender with earned release credits in advance of the offender
actually earning the credits.
(b) Any program established pursuant to this section shall allow an
offender to earn early release credits for presentence incarceration.
If an offender is transferred from a county jail to the department, the
administrator of a county jail facility shall certify to the department
the amount of time spent in custody at the facility and the amount of
earned release time. The department may approve a jail certification
from a correctional agency that calculates earned release time based on
the actual amount of confinement time served by the offender before
sentencing when an erroneous calculation of confinement time served by
the offender before sentencing appears on the judgment and sentence.
(2) An offender who has been convicted of a felony committed after
July 23, 1995, that involves any applicable deadly weapon enhancements
under RCW 9.94A.533 (3) or (4), or both, shall not receive any good
time credits or earned release time for that portion of his or her
sentence that results from any deadly weapon enhancements.
(3) An offender may earn early release time as follows:
(a) In the case of an offender convicted of a serious violent
offense, or a sex offense that is a class A felony, committed on or
after July 1, 1990, and before July 1, 2003, the aggregate earned
release time may not exceed fifteen percent of the sentence.
(b) In the case of an offender convicted of a serious violent
offense, or a sex offense that is a class A felony, committed on or
after July 1, 2003, the aggregate earned release time may not exceed
ten percent of the sentence.
(c) An offender is qualified to earn up to fifty percent of
aggregate earned release time if he or she:
(i) Is not classified as an offender who is at a high risk to
reoffend as provided in subsection (4) of this section;
(ii) Is not confined pursuant to a sentence for:
(A) A sex offense;
(B) A violent offense;
(C) A crime against persons as defined in RCW 9.94A.411;
(D) A felony that is domestic violence as defined in RCW 10.99.020;
(E) A violation of RCW 9A.52.025 (residential burglary);
(F) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.401 by manufacture or delivery or possession with
intent to deliver methamphetamine; or
(G) A violation of, or an attempt, solicitation, or conspiracy to
violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
(iii) Has no prior conviction for the offenses listed in (c)(ii) of
this subsection;
(iv) Participates in programming or activities as directed by the
offender's individual reentry plan as provided under RCW 72.09.270 to
the extent that such programming or activities are made available by
the department; and
(v) Has not committed a new felony after July 22, 2007, while under
community custody.
(d) In no other case shall the aggregate earned release time exceed
one-third of the total sentence.
(4) The department shall perform a risk assessment of each offender
who may qualify for earned early release under subsection (3)(c) of
this section utilizing the risk assessment tool recommended by the
Washington state institute for public policy. Subsection (3)(c) of
this section does not apply to offenders convicted after July 1, 2010.
(5)(a) A person who is eligible for earned early release as
provided in this section and who ((is convicted of a sex offense, a
violent offense, any crime against persons under RCW 9.94A.411(2), or
a felony offense under chapter 69.50 or 69.52 RCW)) will be supervised
by the department pursuant to RCW 9.94A.501 or section 3 of this act,
shall be transferred to community custody in lieu of earned release
time;
(b) The department shall, as a part of its program for release to
the community in lieu of earned release, require the offender to
propose a release plan that includes an approved residence and living
arrangement. All offenders with community custody terms eligible for
release to community custody in lieu of earned release shall provide an
approved residence and living arrangement prior to release to the
community;
(c) The department may deny transfer to community custody in lieu
of earned release time if the department determines an offender's
release plan, including proposed residence location and living
arrangements, may violate the conditions of the sentence or conditions
of supervision, place the offender at risk to violate the conditions of
the sentence, place the offender at risk to reoffend, or present a risk
to victim safety or community safety. The department's authority under
this section is independent of any court-ordered condition of sentence
or statutory provision regarding conditions for community custody;
(d) If the department is unable to approve the offender's release
plan, the department may do one or more of the following:
(i) Transfer an offender to partial confinement in lieu of earned
early release for a period not to exceed three months. The three
months in partial confinement is in addition to that portion of the
offender's term of confinement that may be served in partial
confinement as provided in RCW 9.94A.728(5);
(ii) Provide rental vouchers to the offender for a period not to
exceed three months if rental assistance will result in an approved
release plan. The voucher must be provided in conjunction with
additional transition support programming or services that enable an
offender to participate in services including, but not limited to,
substance abuse treatment, mental health treatment, sex offender
treatment, educational programming, or employment programming;
(e) For each offender who is the recipient of a rental voucher, the
department shall include, concurrent with the data that the department
otherwise obtains and records, the housing status of the offender for
the duration of the offender's supervision.
(6) An offender serving a term of confinement imposed under RCW
9.94A.670(5)(a) is not eligible for earned release credits under this
section.
Sec. 5 RCW 9.92.060 and 2005 c 362 s 2 are each amended to read
as follows:
(1) Whenever any person is convicted of any crime except murder,
burglary in the first degree, arson in the first degree, robbery, rape
of a child, or rape, the superior court may, in its discretion, at the
time of imposing sentence upon such person, direct that such sentence
be stayed and suspended until otherwise ordered by the superior court,
and, upon such terms as the superior court may determine, that the
sentenced person be placed under the charge of:
(a) A community corrections officer employed by the department of
corrections, if the person is subject to supervision under RCW
9.94A.501 or section 3 of this act; or ((if the county elects to assume
responsibility for the supervision of all superior court misdemeanant
probationers))
(b) A probation officer employed or contracted for by the county,
((upon such terms as the superior court may determine)) if the county
has elected to assume responsibility for the supervision of superior
court misdemeanant probationers.
(2) As a condition to suspension of sentence, the superior court
shall require the payment of the penalty assessment required by RCW
7.68.035. In addition, the superior court may require the convicted
person to make such monetary payments, on such terms as the superior
court deems appropriate under the circumstances, as are necessary: (a)
To comply with any order of the court for the payment of family
support; (b) to make restitution to any person or persons who may have
suffered loss or damage by reason of the commission of the crime in
question or when the offender pleads guilty to a lesser offense or
fewer offenses and agrees with the prosecutor's recommendation that the
offender be required to pay restitution to a victim of an offense or
offenses which are not prosecuted pursuant to a plea agreement; (c) to
pay any fine imposed and not suspended and the court or other costs
incurred in the prosecution of the case, including reimbursement of the
state for costs of extradition if return to this state by extradition
was required; and (d) to contribute to a county or interlocal drug
fund.
(3) As a condition of the suspended sentence, the superior court
may order the probationer to report to the secretary of corrections or
such officer as the secretary may designate and as a condition of the
probation to follow the instructions of the secretary. If the county
legislative authority has elected to assume responsibility for the
supervision of superior court misdemeanant probationers within its
jurisdiction, the superior court misdemeanant probationer shall report
to a probation officer employed or contracted for by the county. In
cases where a superior court misdemeanant probationer is sentenced in
one county, but resides within another county, there must be provisions
for the probationer to report to the agency having supervision
responsibility for the probationer's county of residence.
(4) If restitution to the victim has been ordered under subsection
(2)(b) of this section and the superior court has ordered supervision,
the officer supervising the probationer shall make a reasonable effort
to ascertain whether restitution has been made as ordered. If the
superior court has ordered supervision and restitution has not been
made, the officer shall inform the prosecutor of that violation of the
terms of the suspended sentence not less than three months prior to the
termination of the suspended sentence.
(((5) The provisions of RCW 9.94A.501 apply to sentences imposed
under this section.))
Sec. 6 RCW 9.95.204 and 2005 c 400 s 2 and 2005 c 362 s 3 are
each reenacted and amended to read as follows:
(1) When a superior court places a defendant convicted of a
misdemeanor or gross misdemeanor on probation and orders supervision
under RCW 9.92.060 or 9.95.210, the department of corrections has
((initial)) responsibility for supervision of ((that)) defendants
pursuant to RCW 9.94A.501 and section 3 of this act.
(2) A county legislative authority may assume responsibility for
the supervision of ((all)) defendants within its jurisdiction who have
been convicted of a misdemeanor or gross misdemeanor and sentenced to
probation by a superior court. If a county legislative authority
chooses to assume responsibility for defendants supervised by the
department, the assumption of responsibility shall be made by contract
with the department of corrections on a biennial basis.
(3) ((If a county assumes supervision responsibility, the county
shall supervise all superior court misdemeanant probationers within
that county for the duration of the biennium, as set forth in the
contract with the department of corrections.)) The state of Washington, the department of corrections and
its employees, community corrections officers, and volunteers who
assist community corrections officers are not liable for any harm
caused by the actions of a superior court misdemeanant probationer who
is under the supervision of a county. A county, its probation
department and employees, probation officers, and volunteers who assist
probation officers are not liable for any harm caused by the actions of
a superior court misdemeanant probationer who is under the supervision
of the department of corrections. ((
(4) A contract between a county legislative authority and the
department of corrections for the transfer of supervision
responsibility must include, at a minimum, the following provisions:
(a) The county's agreement to supervise all misdemeanant
probationers who are sentenced by a superior court within that county
and who reside within that county;
(b) A reciprocal agreement regarding the supervision of superior
court misdemeanant probationers sentenced in one county but who reside
in another county;
(c) The county's agreement to comply with the minimum standards for
classification and supervision of offenders as required under RCW
9.95.206;
(d) The amount of funds available from the department of
corrections to the county for supervision of superior court
misdemeanant probationers, calculated according to a formula
established by the department of corrections;
(e) A method for the payment of funds by the department of
corrections to the county;
(f) The county's agreement that any funds received by the county
under the contract will be expended only to cover costs of supervision
of superior court misdemeanant probationers;
(g) The county's agreement to account to the department of
corrections for the expenditure of all funds received under the
contract and to submit to audits for compliance with the supervision
standards and financial requirements of this section;
(h) Provisions regarding rights and remedies in the event of a
possible breach of contract or default by either party; and
(i) Provisions allowing for voluntary termination of the contract
by either party, with good cause, after sixty days' written notice.
(5) If the contract between the county and the department of
corrections is terminated for any reason, the department of corrections
shall reassume responsibility for supervision of superior court
misdemeanant probationers within that county. In such an event, the
department of corrections retains any and all rights and remedies
available by law and under the contract.
(6)This subsection applies regardless
of whether the supervising entity is in compliance with the standards
of supervision at the time of the misdemeanant probationer's actions.)) (4) The state of Washington, the department of corrections
and its employees, community corrections officers, any county ((
(7)under
contract with the department of corrections)) providing supervision
services pursuant to this section and its employees, probation
officers, and volunteers who assist community corrections officers and
probation officers in the superior court misdemeanant probation program
are not liable for civil damages resulting from any act or omission in
the rendering of superior court misdemeanant probation activities
unless the act or omission constitutes gross negligence. For purposes
of this section, "volunteers" is defined according to RCW 51.12.035.
(((8) The provisions of RCW 9.94A.501 apply to sentences imposed
under this section.)) (5)(a) If a misdemeanant probationer requests permission to
travel or transfer to another state, the assigned probation officer
employed or contracted for by the county shall determine whether such
request is subject to RCW 9.94A.745, the interstate compact for adult
offender supervision. If such request is subject to the compact, the
probation officer shall:
(9)
(i) Notify the department of corrections of the probationer's
request;
(ii) Provide the department of corrections with the supporting
documentation it requests for processing an application for transfer;
(iii) Notify the probationer of the fee due to the department of
corrections for processing an application under the compact;
(iv) Cease supervision of the probationer while another state
supervises the probationer pursuant to the compact;
(v) Resume supervision if the probationer returns to this state
before the term of probation expires.
(b) The probationer shall receive credit for time served while
being supervised by another state.
Sec. 7 RCW 9.95.210 and 2005 c 362 s 4 are each amended to read
as follows:
(1) In granting probation, the superior court may suspend the
imposition or the execution of the sentence and may direct that the
suspension may continue upon such conditions and for such time as it
shall designate, not exceeding the maximum term of sentence or two
years, whichever is longer.
(2) In the order granting probation and as a condition thereof, the
superior court may in its discretion imprison the defendant in the
county jail for a period not exceeding one year and may fine the
defendant any sum not exceeding the statutory limit for the offense
committed, and court costs. As a condition of probation, the superior
court shall require the payment of the penalty assessment required by
RCW 7.68.035. The superior court may also require the defendant to
make such monetary payments, on such terms as it deems appropriate
under the circumstances, as are necessary: (a) To comply with any
order of the court for the payment of family support; (b) to make
restitution to any person or persons who may have suffered loss or
damage by reason of the commission of the crime in question or when the
offender pleads guilty to a lesser offense or fewer offenses and agrees
with the prosecutor's recommendation that the offender be required to
pay restitution to a victim of an offense or offenses which are not
prosecuted pursuant to a plea agreement; (c) to pay such fine as may be
imposed and court costs, including reimbursement of the state for costs
of extradition if return to this state by extradition was required; (d)
following consideration of the financial condition of the person
subject to possible electronic monitoring, to pay for the costs of
electronic monitoring if that monitoring was required by the court as
a condition of release from custody or as a condition of probation; (e)
to contribute to a county or interlocal drug fund; and (f) to make
restitution to a public agency for the costs of an emergency response
under RCW 38.52.430, and may require bonds for the faithful observance
of any and all conditions imposed in the probation.
(3) The superior court shall order restitution in all cases where
the victim is entitled to benefits under the crime victims'
compensation act, chapter 7.68 RCW. If the superior court does not
order restitution and the victim of the crime has been determined to be
entitled to benefits under the crime victims' compensation act, the
department of labor and industries, as administrator of the crime
victims' compensation program, may petition the superior court within
one year of imposition of the sentence for entry of a restitution
order. Upon receipt of a petition from the department of labor and
industries, the superior court shall hold a restitution hearing and
shall enter a restitution order.
(4) In granting probation, the superior court may order the
probationer to report to the secretary of corrections or such officer
as the secretary may designate and as a condition of the probation to
follow the instructions of the secretary. If the county legislative
authority has elected to assume responsibility for the supervision of
superior court misdemeanant probationers within its jurisdiction, the
superior court misdemeanant probationer shall report to a probation
officer employed or contracted for by the county. In cases where a
superior court misdemeanant probationer is sentenced in one county, but
resides within another county, there must be provisions for the
probationer to report to the agency having supervision responsibility
for the probationer's county of residence.
(5) If the probationer has been ordered to make restitution and the
superior court has ordered supervision, the officer supervising the
probationer shall make a reasonable effort to ascertain whether
restitution has been made. If the superior court has ordered
supervision and restitution has not been made as ordered, the officer
shall inform the prosecutor of that violation of the terms of probation
not less than three months prior to the termination of the probation
period. The secretary of corrections will promulgate rules and
regulations for the conduct of the person during the term of probation.
For defendants found guilty in district court, like functions as the
secretary performs in regard to probation may be performed by probation
officers employed for that purpose by the county legislative authority
of the county wherein the court is located.
(6) The provisions of RCW 9.94A.501 and section 3 of this act apply
to sentences imposed under this section.
Sec. 8 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.
(4) "Community corrections officer" means an employee of the
department who is responsible for carrying out specific duties in
supervision of sentenced offenders and monitoring of sentence
conditions.
(5) "Community custody" means that portion of an offender's
sentence of confinement in lieu of earned release time or imposed 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) "Community protection zone" means the area within eight hundred
eighty feet of the facilities and grounds of a public or private
school.
(7) "Community restitution" means compulsory service, without
compensation, performed for the benefit of the community by the
offender.
(8) "Confinement" means total or partial confinement.
(9) "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) "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) "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) "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) "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) "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) "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) "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) "Department" means the department of corrections.
(18) "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) "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) "Domestic violence" has the same meaning as defined in RCW
10.99.020 and 26.50.010.
(21) "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) "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) "Earned release" means earned release from confinement as
provided in RCW 9.94A.728.
(24) "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) "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) "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) "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) "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) "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) "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) "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) "Nonviolent offense" means an offense which is not a violent
offense.
(33) "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)) misdemeanant or gross misdemeanant 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 and
supervised by the department pursuant to RCW 9.94A.501 and section 3 of
this act. Throughout this chapter, the terms "offender" and
"defendant" are used interchangeably.
(34) "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) "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) "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)(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) "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) "Private school" means a school regulated under chapter
28A.195 or 28A.205 RCW.
(39) "Public school" has the same meaning as in RCW 28A.150.010.
(40) "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) "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) "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) "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) "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) "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) "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) "Standard sentence range" means the sentencing court's
discretionary range in imposing a nonappealable sentence.
(48) "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) "Stranger" means that the victim did not know the offender
twenty-four hours before the offense.
(50) "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) "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) "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) "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) "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) "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) "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. 9 RCW 9.94A.650 and 2008 c 231 s 29 are each amended to read
as follows:
(1) This section applies to offenders who have never been
previously convicted of a felony in this state, federal court, or
another state, and who have never participated in a program of deferred
prosecution for a felony, and who are convicted of a felony that is
not:
(a) Classified as a violent offense or a sex offense under this
chapter;
(b) Manufacture, delivery, or possession with intent to manufacture
or deliver a controlled substance classified in Schedule I or II that
is a narcotic drug or flunitrazepam classified in Schedule IV;
(c) Manufacture, delivery, or possession with intent to deliver a
methamphetamine, its salts, isomers, and salts of its isomers as
defined in RCW 69.50.206(d)(2);
(d) The selling for profit of any controlled substance or
counterfeit substance classified in Schedule I, RCW 69.50.204, except
leaves and flowering tops of marihuana; or
(e) Felony driving while under the influence of intoxicating liquor
or any drug or felony physical control of a vehicle while under the
influence of intoxicating liquor or any drug.
(2) In sentencing a first-time offender the court may waive the
imposition of a sentence within the standard sentence range and impose
a sentence which may include up to ninety days of confinement in a
facility operated or utilized under contract by the county and a
requirement that the offender refrain from committing new offenses.
(3) The court may impose up to ((one year)) six months of community
custody unless treatment is ordered, in which case the period of
community custody may include up to the period of treatment, but shall
not exceed ((two years)) one year.
(4) As a condition of community custody, in addition to any
conditions authorized in RCW 9.94A.703, the court may order the
offender to pay all court-ordered legal financial obligations and/or
perform community restitution work.
Sec. 10 RCW 9.94A.780 and 2008 c 231 s 37 are each amended to
read as follows:
(1) Whenever a punishment imposed under this chapter requires
supervision services to be provided, the offender shall pay to the
department of corrections the ((monthly assessment)) supervision intake
fee, prescribed under subsection (2) of this section, ((which shall be
for the duration of the terms of supervision and)) which shall be
considered as payment or part payment of the cost of ((providing))
establishing supervision to the offender. The department may exempt or
defer a person from the payment of all or any part of the
((assessment)) intake fee based upon any of the following factors:
(a) The offender has diligently attempted but has been unable to
obtain employment that provides the offender sufficient income to make
such a payment((s)).
(b) The offender is a student in a school, college, university, or
a course of vocational or technical training designed to fit the
student for gainful employment.
(c) The offender has an employment handicap, as determined by an
examination acceptable to or ordered by the department.
(d) The offender's age prevents him or her from obtaining
employment.
(e) The offender is responsible for the support of dependents and
the payment of the ((assessment)) intake fee constitutes an undue
hardship on the offender.
(f) Other extenuating circumstances as determined by the
department.
(2) The department of corrections shall adopt a rule prescribing
the amount of the assessment. The ((department may, if it finds it
appropriate, prescribe a schedule of assessments that shall vary in
accordance with the intensity or cost of the supervision. The
department may not prescribe any assessment that is less than ten
dollars nor more than fifty dollars)) supervision intake fee shall be
imposed after the determination of eligibility for supervision has been
completed. For offenders whose crime was committed on or after October
1, 2011, the intake fee prescribed shall be not less than four hundred
dollars or more than six hundred dollars, and shall be assessed for
each judgment and sentence imposed by the superior court in which
supervision by the department is required.
(3) For offenders whose offense date was before October 1, 2011,
the monthly rate shall be converted to a one-time fee. The amount due
shall be based upon the most recent monthly fee amount by the months of
supervision left to serve, but in no case shall exceed six hundred
dollars.
(4) Nothing in this act shall affect the amount or dates payments
are due for any prior balances owed by an offender for the cost of
supervision.
(((3))) (5) All amounts required to be paid under this section
shall be collected by the department of corrections and deposited by
the department in the dedicated fund established pursuant to RCW
72.11.040.
(((4))) (6) This section shall not apply to probation services
provided under an interstate compact pursuant to chapter 9.95 RCW or to
probation services provided for persons placed on probation prior to
June 10, 1982.
(((5))) (7) If a county clerk assumes responsibility for collection
of unpaid legal financial obligations under RCW 9.94A.760, or under any
agreement with the department under that section, whether before or
after the completion of any period of community custody, the clerk may
impose a monthly or annual assessment for the cost of collections. The
amount of the assessment shall not exceed the actual cost of
collections. The county clerk may exempt or defer payment of all or
part of the assessment based upon any of the factors listed in
subsection (1) of this section. The offender shall pay the assessment
under this subsection to the county clerk who shall apply it to the
cost of collecting legal financial obligations under RCW 9.94A.760.
Sec. 11 RCW 9.95.214 and 2005 c 400 s 3 are each amended to read
as follows:
Whenever a defendant convicted of a misdemeanor or gross
misdemeanor is placed on probation under RCW 9.92.060 or 9.95.210, and
the defendant is supervised by ((the department of corrections or)) a
county probation department, the ((department or)) county probation
department may assess and collect from the defendant for the duration
of the term of supervision a monthly assessment not to exceed one
hundred dollars per month. Whenever a defendant convicted of a
misdemeanor or gross misdemeanor is placed on probation under RCW
9.92.060 or 9.95.210, and the defendant is supervised by the department
of corrections, the department may collect supervision intake fees
pursuant to RCW 9.94A.780. This assessment shall be paid to the agency
supervising the defendant and shall be applied, along with funds
appropriated by the legislature, toward the payment or part payment of
the cost of supervising the defendant. The ((department or)) county
probation department shall suspend such assessment while the defendant
is being supervised by another state pursuant to RCW 9.94A.745, the
interstate compact for adult offender supervision.
Sec. 12 RCW 72.04A.120 and 1991 c 104 s 2 are each amended to
read as follows:
(1) Any person placed on parole shall be required to pay the
((monthly assessment)) supervision intake fee, prescribed under
((subsection (2) of this section, which shall be for the duration of
the parole and which shall be considered as payment or part payment of
the cost of providing parole supervision to the parolee)) RCW
9.94A.780(3). The department may exempt a person from the payment of
all or any part of the assessment based upon any of the following
factors:
(a) The offender has diligently attempted but has been unable to
obtain employment which provides the offender sufficient income to make
such payments.
(b) The offender is a student in a school, college, university, or
a course of vocational or technical training designed to fit the
student for gainful employment.
(c) The offender has an employment handicap, as determined by an
examination acceptable to or ordered by the department.
(d) The offender's age prevents him from obtaining employment.
(e) The offender is responsible for the support of dependents and
the payment of the assessment constitutes an undue hardship on the
offender.
(f) Other extenuating circumstances as determined by the
department.
(2) The department of corrections shall adopt a rule prescribing
the amount of the assessment. ((The department may, if it finds it
appropriate, prescribe a schedule of assessments which shall vary in
accordance with the intensity or cost of the supervision. The
department may not prescribe any assessment which is less than ten
dollars nor more than fifty dollars.))
(3) Payment of the assessed amount shall constitute a condition of
parole for purposes of the application of RCW 72.04A.090.
(4) All amounts required to be paid under this section shall be
collected by the department of corrections and deposited by the
department in the dedicated fund established pursuant to RCW 72.11.040.
(((5) This section shall not apply to parole services provided
under an interstate compact pursuant to chapter 9.95 RCW or to parole
services provided for offenders paroled before June 10, 1982.))
Sec. 13 RCW 72.11.040 and 2005 c 518 s 943 are each amended to
read as follows:
The cost of supervision fund is created in the custody of the state
treasurer. All receipts from assessments made under RCW 9.94A.780,
9.94A.74504, and 72.04A.120 shall be deposited into the fund.
Expenditures from the fund may be used only to support the collection
of legal financial obligations. ((During the 2005-2007 biennium, funds
from the account may also be used for costs associated with the
department's supervision of the offenders in the community.)) Only the
secretary of the department of corrections or the secretary's designee
may authorize expenditures from the fund. The fund is subject to
allotment procedures under chapter 43.88 RCW, but no appropriation is
required for expenditures.
Sec. 14 RCW 9.94A.74504 and 2005 c 400 s 1 are each amended to
read as follows:
(1) The department may supervise nonfelony offenders transferred to
Washington pursuant to RCW 9.94A.745, the interstate compact for adult
offender supervision, and shall supervise these offenders according to
the provisions of this chapter.
(2) The department shall process applications for interstate
transfer of felony and nonfelony offenders requesting transfer of
supervision out-of-state pursuant to RCW 9.94A.745, the interstate
compact for adult offender supervision, and may charge offenders a
reasonable fee for processing the application.
(3) The department shall adopt a rule prescribing the amount of the
interstate transfer application fee.
Sec. 15 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. 16 (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. 17 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. 18 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. 19 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. 20 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. 21 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. 22 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. 23 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. 24 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. 25 RCW 4.24.5502 is decodified.
NEW SECTION. Sec. 26 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. 27 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)) caseload forecast
council 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;
(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 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.
(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)
(3) If any completed judgment and sentence document as defined in
subsection (1) of this section is not sent to the ((sentencing
guidelines commission)) caseload forecast council as required in
subsection (2) of this section, the ((sentencing guidelines
commission)) caseload forecast council 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)) caseload forecast council.
NEW SECTION. Sec. 28 A new section is added to chapter 43.88C
RCW to read as follows:
(1) The caseload forecast council shall develop and maintain a
computerized adult and juvenile sentencing information system
consisting of offender, offense, history, and sentence information
entered from the judgment and sentence forms for all adult felons.
(2) As part of its duties in maintaining the sentencing information
system, the caseload forecast council shall:
(a) On an annual basis, publish a statistical summary of adult
felony sentencing and juvenile dispositions;
(b) Publish and maintain an adult felony sentencing manual; and
(c) Publish and maintain a juvenile sentencing manual.
(3) The sentencing manuals are intended only as a guide to assist
practitioners in determining appropriate sentencing ranges. The
manuals are not a substitute for the actual statutes, which list the
sentencing ranges, or for any other information contained within this
chapter. The caseload forecast council is not liable for errors or
omissions in the manual, for sentences that may be inappropriately
calculated as a result of a practitioner's or court's reliance on the
manual, or for any other written or verbal information provided by the
caseload forecast council or its staff related to adult or juvenile
sentencing.
(4) In publishing materials required by this section, the caseload
forecast council shall make the materials available on its web site.
The caseload forecast council may charge a reasonable cost for
producing and distributing hard copies of any materials.
NEW SECTION. Sec. 29 A new section is added to chapter 43.88C
RCW to read as follows:
The caseload forecast council shall appoint a research staff of
sufficient size and with sufficient resources to accomplish its duties.
The caseload forecast council may request from the administrative
office of the courts 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 caseload forecast council.
Sec. 30 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))
caseload forecast council 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)) caseload
forecast council 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. 31 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; and
(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. 32 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.)) caseload forecast
council 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.
(3) The sentencing guidelines commission
Sec. 33 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. 34 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. 35 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. 36 RCW 9.94A.860 and 2001 2nd sp.s. c 12 s 311 are each
amended to read as follows:
(1) The sentencing guidelines commission is hereby created, located
within the office of financial management. Except as provided in RCW
9.94A.875, the commission shall serve to advise the governor and the
legislature as necessary on issues relating to adult and juvenile
sentencing. The commission may meet, as necessary, to accomplish these
purposes within funds appropriated.
(2) The commission consists of twenty voting members, one of whom
the governor shall designate as chairperson. With the exception of ex
officio voting members, the voting members of the commission shall be
appointed by the governor, or his or her designee, subject to
confirmation by the senate.
(((2))) (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.
(((3))) (4)(a) All voting members of the commission, except ex
officio voting members, shall serve terms of three years and until
their successors are appointed and confirmed.
(b) The governor shall stagger the terms of the members appointed
under subsection (((2))) (3)(j), (k), and (l) of this section by
appointing one of them for a term of one year, one for a term of two
years, and one for a term of three years.
(((4))) (5) 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.
The members so appointed shall serve two-year terms, or until they
cease to be members of the house from which they were appointed,
whichever occurs first.
(((5))) (6) The members of the commission ((shall)) may be
reimbursed for travel expenses as provided in RCW 43.03.050 and
43.03.060. Legislative members ((shall)) may be reimbursed by their
respective houses as provided under RCW 44.04.120. Except for the
reimbursement of travel expenses, members shall not be compensated ((in
accordance with RCW 43.03.250)).
Sec. 37 RCW 9.94A.8673 and 2008 c 249 s 3 are each amended to
read as follows:
(1) Within funds appropriated for this purpose, the sentencing
guidelines commission shall establish and maintain a sex offender
policy board.
(2)(a) The board shall serve to advise the governor and the
legislature as necessary on issues relating to sex offender management.
(b) At such times as the governor or a legislative committee of
jurisdiction may request, the sex offender policy board may be convened
to:
(i) Undertake projects to assist policymakers in making informed
judgments about issues relating to sex offender policy; and
(ii) Conduct case reviews of sex offense incidents to understand
performance of Washington's sex offender prevention and response
systems.
(3) 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.
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.))
(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.)) As appropriate, the board shall consult with the criminal
justice division in the attorney general's office and the Washington
institute for public policy ((
(6)shall act as an advisor to the board)).
(6) Members of the board shall receive no compensation but may be
reimbursed for travel expenses as provided in RCW 43.03.050 and
43.03.060.
Sec. 38 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)) is to be considered a more
serious offense than second degree burglary.
NEW SECTION. Sec. 39 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.850 (Sentencing guidelines commission -- Established -- Powers and duties) and 2009 c 375 s 8, 2009 c 28 s 17, & 2005 c 282 s
19;
(3) RCW 9.94A.855 (Sentencing guidelines commission -- Research
staff -- Data, information, assistance -- Bylaws -- Salary of executive
officer) and 2005 c 282 s 20, 1999 c 143 s 10, 1982 c 192 s 3, & 1981
c 137 s 5;
(4) RCW 9.94A.863 (Monetary threshold amounts of property crimes -- Review -- Report) and 2009 c 431 s 2;
(5) RCW 9.94A.8671 (Sex offender policy board -- Findings -- Intent)
and 2008 c 249 s 1;
(6) RCW 9.94A.8672 (Sex offender policy board -- Establishment) and
2008 c 249 s 2;
(7) RCW 9.94A.8674 (Sex offender policy board -- Terms -- Vacancies)
and 2008 c 249 s 4;
(8) RCW 9.94A.8675 (Sex offender policy board -- Authority) and 2008
c 249 s 5;
(9) RCW 9.94A.8676 (Sex offender policy board -- Duties) and 2008 c
249 s 6;
(10) RCW 9.94A.8677 (Sex offender policy board -- Travel expenses)
and 2008 c 249 s 7;
(11) RCW 9.94A.8678 (Sex offender policy board -- Meeting
attendance -- Member replacement) and 2008 c 249 s 8;
(12) RCW 43.131.411 (Sex offender policy board -- Termination) and
2008 c 249 s 9; and
(13) RCW 43.131.412 (Sex offender policy board -- Repeal) and 2008 c
249 s 10.
Sec. 40 RCW 9.95.011 and 2009 c 28 s 21 are each amended to read
as follows:
(1) When the court commits a convicted person to the department of
corrections on or after July 1, 1986, for an offense committed before
July 1, 1984, the court shall, at the time of sentencing or revocation
of probation, fix the minimum term. The term so fixed shall not exceed
the maximum sentence provided by law for the offense of which the
person is convicted.
The court shall attempt to set the minimum term reasonably
consistent with the purposes, standards, and sentencing ranges
((adopted under RCW 9.94A.850)) under chapter 9.94A RCW of the
sentencing reform act, but the court is subject to the same limitations
as those placed on the board under RCW 9.92.090, 9.95.040 (1) through
(4), 9.95.115, 9A.32.040, 9A.44.045, and chapter 69.50 RCW. The
court's minimum term decision is subject to review to the same extent
as a minimum term decision by the parole board before July 1, 1986.
Thereafter, the expiration of the minimum term set by the court
minus any time credits earned under RCW 9.95.070 and 9.95.110
constitutes the parole eligibility review date, at which time the board
may consider the convicted person for parole under RCW 9.95.100 and
9.95.110 and chapter 72.04A RCW. Nothing in this section affects the
board's authority to reduce or increase the minimum term, once set by
the court, under RCW 9.95.040, 9.95.052, 9.95.055, 9.95.070, 9.95.080,
9.95.100, 9.95.115, 9.95.125, or 9.95.047.
(2)(a) Except as provided in (b) of this subsection, not less than
ninety days prior to the expiration of the minimum term of a person
sentenced under RCW 9.94A.507, for a sex offense committed on or after
September 1, 2001, less any time credits permitted by statute, the
board shall review the person for conditional release to community
custody as provided in RCW 9.95.420. If the board does not release the
person, it shall set a new minimum term not to exceed an additional
five years. The board shall review the person again not less than
ninety days prior to the expiration of the new minimum term.
(b) If at the time a person sentenced under RCW 9.94A.507 for a sex
offense committed on or after September 1, 2001, arrives at a
department of corrections facility, the offender's minimum term has
expired or will expire within one hundred twenty days of the offender's
arrival, then no later than one hundred twenty days after the
offender's arrival at a department of corrections facility, but after
the board receives the results from the end of sentence review process
and the recommendations for additional or modified conditions of
community custody from the department, the board shall review the
person for conditional release to community custody as provided in RCW
9.95.420. If the board does not release the person, it shall set a new
minimum term not to exceed an additional five years. The board shall
review the person again not less than ninety days prior to the
expiration of the new minimum term.
(c) In setting a new minimum term, the board may consider the
length of time necessary for the offender to complete treatment and
programming as well as other factors that relate to the offender's
release under RCW 9.95.420. The board's rules shall permit an offender
to petition for an earlier review if circumstances change or the board
receives new information that would warrant an earlier review.
Sec. 41 RCW 9.95.009 and 1990 c 3 s 707 are each amended to read
as follows:
(1) On July 1, 1986, the board of prison terms and paroles shall be
redesignated as the indeterminate sentence review board. The board's
membership shall be reduced as follows: On July 1, 1986, and on July
1st of each year until 1998, the number of board members shall be
reduced in a manner commensurate with the board's remaining workload as
determined by the office of financial management based upon its
population forecast for the indeterminate sentencing system and in
conjunction with the budget process. To meet the statutory obligations
of the indeterminate sentence review board, the number of board members
shall not be reduced to fewer than three members, although the office
of financial management may designate some or all members as part-time
members and specify the extent to which they shall be less than full-time members. Any reduction shall take place by the expiration, on
that date, of the term or terms having the least time left to serve.
(2) After July 1, 1984, the board shall continue its functions with
respect to persons convicted of crimes committed prior to July 1, 1984,
and committed to the department of corrections. When making decisions
on duration of confinement, including those relating to persons
committed under a mandatory life sentence, and parole release under RCW
9.95.100 and 9.95.110, the board shall consider the purposes,
standards, and sentencing ranges ((adopted pursuant to RCW 9.94A.850))
under chapter 9.94A RCW of the sentencing reform act and the minimum
term recommendations of the sentencing judge and prosecuting attorney,
and shall attempt to make decisions reasonably consistent with those
ranges, standards, purposes, and recommendations: PROVIDED, That the
board and its successors shall give adequate written reasons whenever
a minimum term or parole release decision is made which is outside the
sentencing ranges ((adopted pursuant to RCW 9.94A.850)) under chapter
9.94A RCW of the sentencing reform act. In making such decisions, the
board and its successors shall consider the different charging and
disposition practices under the indeterminate sentencing system.
(3) Notwithstanding the provisions of subsection (2) of this
section, the indeterminate sentence review board shall give public
safety considerations the highest priority when making all
discretionary decisions on the remaining indeterminate population
regarding the ability for parole, parole release, and conditions of
parole.
NEW SECTION. Sec. 42 (1) Except as otherwise provided in this
section, the provisions of this act apply to persons convicted before,
on, or after the effective date of this section.
(2) By January 1, 2012, consistent with RCW 9.94A.171, 9.94A.501,
and section 3 of this act, the department of corrections shall
recalculate the term of community custody for offenders currently in
confinement or serving a term of community custody. The department of
corrections shall reset the date that community custody will end for
those offenders. The recalculation shall not extend a term of
community custody beyond that to which an offender is currently
subject.
(3) By January 1, 2012, consistent with the provisions of RCW
9.94A.650, the department of corrections shall recalculate the term of
community custody for each offender sentenced to a first-time offender
waiver under RCW 9.94A.650 and currently in confinement or serving a
term of community custody. The department of corrections shall reset
the date that community custody will end for those offenders. The
recalculation shall not extend a term of community custody beyond that
to which an offender is currently subject.
NEW SECTION. Sec. 43 2011 c 96 s 11 is repealed.
NEW SECTION. Sec. 44 Sections 1 through 9 and 42 of this act are
necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and take effect immediately.
NEW SECTION. Sec. 45 Section 43 of 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.