Passed by the Senate March 10, 2014 YEAS 48   BRAD OWEN ________________________________________ President of the Senate Passed by the House March 7, 2014 YEAS 74   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Hunter G. Goodman, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE SENATE BILL 5064 as passed by the Senate and the House of Representatives on the dates hereon set forth. HUNTER G. GOODMAN ________________________________________ Secretary | |
Approved March 28, 2014, 2:49 p.m. JAY INSLEE ________________________________________ Governor of the State of Washington | March 31, 2014 Secretary of State State of Washington |
State of Washington | 63rd Legislature | 2014 Regular Session |
READ FIRST TIME 02/07/14.
AN ACT Relating to persons sentenced for offenses committed prior to reaching eighteen years of age; amending RCW 9.94A.510, 9.94A.540, 9.94A.6332, 9.95.425, 9.95.430, 9.95.435, 9.95.440, and 10.95.030; reenacting and amending RCW 9.94A.729; adding a new section to chapter 9.94A RCW; adding new sections to chapter 10.95 RCW; creating a new section; prescribing penalties; 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.510 and 2002 c 290 s 10 are each amended to read
as follows:
SERIOUSNESS LEVEL | OFFENDER SCORE | |||||||||
0 | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 or more | |
XVI | Life sentence without parole/death penalty for offenders at or over the age of eighteen. For offenders under the age of eighteen, a term of twenty-five years to life. | |||||||||
XV | 23y4m | 24y4m | 25y4m | 26y4m | 27y4m | 28y4m | 30y4m | 32y10m | 36y | 40y |
240- | 250- | 261- | 271- | 281- | 291- | 312- | 338- | 370- | 411- | |
320 | 333 | 347 | 361 | 374 | 388 | 416 | 450 | 493 | 548 | |
XIV | 14y4m | 15y4m | 16y2m | 17y | 17y11m | 18y9m | 20y5m | 22y2m | 25y7m | 29y |
123- | 134- | 144- | 154- | 165- | 175- | 195- | 216- | 257- | 298- | |
220 | 234 | 244 | 254 | 265 | 275 | 295 | 316 | 357 | 397 | |
XIII | 12y | 13y | 14y | 15y | 16y | 17y | 19y | 21y | 25y | 29y |
123- | 134- | 144- | 154- | 165- | 175- | 195- | 216- | 257- | 298- | |
164 | 178 | 192 | 205 | 219 | 233 | 260 | 288 | 342 | 397 | |
XII | 9y | 9y11m | 10y9m | 11y8m | 12y6m | 13y5m | 15y9m | 17y3m | 20y3m | 23y3m |
93- | 102- | 111- | 120- | 129- | 138- | 162- | 178- | 209- | 240- | |
123 | 136 | 147 | 160 | 171 | 184 | 216 | 236 | 277 | 318 | |
XI | 7y6m | 8y4m | 9y2m | 9y11m | 10y9m | 11y7m | 14y2m | 15y5m | 17y11m | 20y5m |
78- | 86- | 95- | 102- | 111- | 120- | 146- | 159- | 185- | 210- | |
102 | 114 | 125 | 136 | 147 | 158 | 194 | 211 | 245 | 280 | |
X | 5y | 5y6m | 6y | 6y6m | 7y | 7y6m | 9y6m | 10y6m | 12y6m | 14y6m |
51- | 57- | 62- | 67- | 72- | 77- | 98- | 108- | 129- | 149- | |
68 | 75 | 82 | 89 | 96 | 102 | 130 | 144 | 171 | 198 | |
IX | 3y | 3y6m | 4y | 4y6m | 5y | 5y6m | 7y6m | 8y6m | 10y6m | 12y6m |
31- | 36- | 41- | 46- | 51- | 57- | 77- | 87- | 108- | 129- | |
41 | 48 | 54 | 61 | 68 | 75 | 102 | 116 | 144 | 171 | |
VIII | 2y | 2y6m | 3y | 3y6m | 4y | 4y6m | 6y6m | 7y6m | 8y6m | 10y6m |
21- | 26- | 31- | 36- | 41- | 46- | 67- | 77- | 87- | 108- | |
27 | 34 | 41 | 48 | 54 | 61 | 89 | 102 | 116 | 144 | |
VII | 18m | 2y | 2y6m | 3y | 3y6m | 4y | 5y6m | 6y6m | 7y6m | 8y6m |
15- | 21- | 26- | 31- | 36- | 41- | 57- | 67- | 77- | 87- | |
20 | 27 | 34 | 41 | 48 | 54 | 75 | 89 | 102 | 116 | |
VI | 13m | 18m | 2y | 2y6m | 3y | 3y6m | 4y6m | 5y6m | 6y6m | 7y6m |
12+- | 15- | 21- | 26- | 31- | 36- | 46- | 57- | 67- | 77- | |
14 | 20 | 27 | 34 | 41 | 48 | 61 | 75 | 89 | 102 | |
V | 9m | 13m | 15m | 18m | 2y2m | 3y2m | 4y | 5y | 6y | 7y |
6- | 12+- | 13- | 15- | 22- | 33- | 41- | 51- | 62- | 72- | |
12 | 14 | 17 | 20 | 29 | 43 | 54 | 68 | 82 | 96 | |
IV | 6m | 9m | 13m | 15m | 18m | 2y2m | 3y2m | 4y2m | 5y2m | 6y2m |
3- | 6- | 12+- | 13- | 15- | 22- | 33- | 43- | 53- | 63- | |
9 | 12 | 14 | 17 | 20 | 29 | 43 | 57 | 70 | 84 | |
III | 2m | 5m | 8m | 11m | 14m | 20m | 2y2m | 3y2m | 4y2m | 5y |
1- | 3- | 4- | 9- | 12+- | 17- | 22- | 33- | 43- | 51- | |
3 | 8 | 12 | 12 | 16 | 22 | 29 | 43 | 57 | 68 | |
II | 4m | 6m | 8m | 13m | 16m | 20m | 2y2m | 3y2m | 4y2m | |
0-90 | 2- | 3- | 4- | 12+- | 14- | 17- | 22- | 33- | 43- | |
Days | 6 | 9 | 12 | 14 | 18 | 22 | 29 | 43 | 57 | |
I | 3m | 4m | 5m | 8m | 13m | 16m | 20m | 2y2m | ||
0-60 | 0-90 | 2- | 2- | 3- | 4- | 12+- | 14- | 17- | 22- | |
Days | Days | 5 | 6 | 8 | 12 | 14 | 18 | 22 | 29 |
Sec. 2 RCW 9.94A.540 and 2005 c 437 s 2 are each amended to read
as follows:
(1) Except to the extent provided in subsection (3) of this
section, the following minimum terms of total confinement are mandatory
and shall not be varied or modified under RCW 9.94A.535:
(a) An offender convicted of the crime of murder in the first
degree shall be sentenced to a term of total confinement not less than
twenty years.
(b) An offender convicted of the crime of assault in the first
degree or assault of a child in the first degree where the offender
used force or means likely to result in death or intended to kill the
victim shall be sentenced to a term of total confinement not less than
five years.
(c) An offender convicted of the crime of rape in the first degree
shall be sentenced to a term of total confinement not less than five
years.
(d) An offender convicted of the crime of sexually violent predator
escape shall be sentenced to a minimum term of total confinement not
less than sixty months.
(e) An offender convicted of the crime of aggravated first degree
murder for a murder that was committed prior to the offender's
eighteenth birthday shall be sentenced to a term of total confinement
not less than twenty-five years.
(2) During such minimum terms of total confinement, no offender
subject to the provisions of this section is eligible for community
custody, earned release time, furlough, home detention, partial
confinement, work crew, work release, or any other form of early
release authorized under RCW 9.94A.728, or any other form of authorized
leave of absence from the correctional facility while not in the direct
custody of a corrections officer. The provisions of this subsection
shall not apply: (a) In the case of an offender in need of emergency
medical treatment; (b) for the purpose of commitment to an inpatient
treatment facility in the case of an offender convicted of the crime of
rape in the first degree; or (c) for an extraordinary medical placement
when authorized under RCW 9.94A.728(((4))) (3).
(3)(a) Subsection (1)(a) through (d) of this section shall not be
applied in sentencing of juveniles tried as adults pursuant to RCW
13.04.030(1)(e)(i).
(b) This subsection (3) applies only to crimes committed on or
after July 24, 2005.
Sec. 3 RCW 9.94A.6332 and 2010 c 224 s 11 are each amended to
read as follows:
The procedure for imposing sanctions for violations of sentence
conditions or requirements is as follows:
(1) If the offender was sentenced under the drug offender
sentencing alternative, any sanctions shall be imposed by the
department or the court pursuant to RCW 9.94A.660.
(2) If the offender was sentenced under the special sex offender
sentencing alternative, any sanctions shall be imposed by the
department or the court pursuant to RCW 9.94A.670.
(3) If the offender was sentenced under the parenting sentencing
alternative, any sanctions shall be imposed by the department or by the
court pursuant to RCW 9.94A.655.
(4) If a sex offender was sentenced pursuant to RCW 9.94A.507, any
sanctions shall be imposed by the board pursuant to RCW 9.95.435.
(5) If the offender was released pursuant to section 10 of this
act, any sanctions shall be imposed by the board pursuant to RCW
9.95.435.
(6) If the offender was sentenced pursuant to RCW 10.95.030(3) or
section 11 of this act, any sanctions shall be imposed by the board
pursuant to RCW 9.95.435.
(7) In any other case, if the offender is being supervised by the
department, any sanctions shall be imposed by the department pursuant
to RCW 9.94A.737. If a probationer is being supervised by the
department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, upon
receipt of a violation hearing report from the department, the court
retains any authority that those statutes provide to respond to a
probationer's violation of conditions.
(((6))) (8) If the offender is not being supervised by the
department, any sanctions shall be imposed by the court pursuant to RCW
9.94A.6333.
Sec. 4 RCW 9.94A.729 and 2013 2nd sp.s. c 14 s 2 and 2013 c 266
s 1 are each reenacted and 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 number of
days of early release credits lost or not earned. The department may
approve a jail certification from a correctional agency that calculates
early 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. The department must adjust an offender's
rate of early release listed on the jail certification to be consistent
with the rate applicable to offenders in the department's facilities.
However, the department is not authorized to adjust the number of
presentence early release days that the jail has certified as lost or
not earned.
(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 sentenced pursuant to RCW
10.95.030(3) or section 11 of this act, the aggregate earned release
time may not exceed ten 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, 1990, and before July 1, 2003, the aggregate earned
release time may not exceed fifteen percent of the sentence.
(((b))) (c) 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))) (d) 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)))
(d)(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))) (e) 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)))
(d) of this section utilizing the risk assessment tool recommended by
the Washington state institute for public policy. Subsection
(3)(((c))) (d) 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 will be supervised by the department
pursuant to RCW 9.94A.501 or 9.94A.5011, 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.
A 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) The department shall maintain a list of housing providers that
meets the requirements of RCW 72.09.285. If more than two voucher
recipients will be residing per dwelling unit, as defined in RCW
59.18.030, rental vouchers for those recipients may only be paid to a
housing provider on the department's list;
(f) For each offender who is the recipient of a rental voucher, the
department shall gather data as recommended by the Washington state
institute for public policy in order to best demonstrate whether rental
vouchers are effective in reducing recidivism.
(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 9.95.425 and 2009 c 28 s 30 are each amended to read
as follows:
(1) Whenever the board or a community corrections officer of this
state has reason to believe an offender released under RCW 9.95.420,
10.95.030(3), or section 10 of this act has violated a condition of
community custody or the laws of this state, any community corrections
officer may arrest or cause the arrest and detention of the offender
pending a determination by the board whether sanctions should be
imposed or the offender's community custody should be revoked. The
community corrections officer shall report all facts and circumstances
surrounding the alleged violation to the board, with recommendations.
(2) If the board or the department causes the arrest or detention
of an offender for a violation that does not amount to a new crime and
the offender is arrested or detained by local law enforcement or in a
local jail, the board or department, whichever caused the arrest or
detention, shall be financially responsible for local costs. Jail bed
costs shall be allocated at the rate established under RCW 9.94A.740.
Sec. 6 RCW 9.95.430 and 2001 2nd sp.s. c 12 s 308 are each
amended to read as follows:
Any offender released under RCW 9.95.420, 10.95.030(3), or section
10 of this act who is arrested and detained in physical custody by the
authority of a community corrections officer, or upon the written order
of the board, shall not be released from custody on bail or personal
recognizance, except upon approval of the board and the issuance by the
board of an order reinstating the offender's release on the same or
modified conditions. All chiefs of police, marshals of cities and
towns, sheriffs of counties, and all police, prison, and peace officers
and constables shall execute any such order in the same manner as any
ordinary criminal process.
Sec. 7 RCW 9.95.435 and 2007 c 363 s 3 are each amended to read
as follows:
(1) If an offender released by the board under RCW 9.95.420,
10.95.030(3), or section 10 of this act violates any condition or
requirement of community custody, the board may transfer the offender
to a more restrictive confinement status to serve up to the remaining
portion of the sentence, less credit for any period actually spent in
community custody or in detention awaiting disposition of an alleged
violation and subject to the limitations of subsection (2) of this
section.
(2) Following the hearing specified in subsection (3) of this
section, the board may impose sanctions such as work release, home
detention with electronic monitoring, work crew, community restitution,
inpatient treatment, daily reporting, curfew, educational or counseling
sessions, supervision enhanced through electronic monitoring, or any
other sanctions available in the community, or may suspend the release
and sanction up to sixty days' confinement in a local correctional
facility for each violation, or revoke the release to community custody
whenever an offender released by the board under RCW 9.95.420,
10.95.030(3), or section 10 of this act violates any condition or
requirement of community custody.
(3) If an offender released by the board under RCW 9.95.420,
10.95.030(3), or section 10 of this act is accused of violating any
condition or requirement of community custody, he or she is entitled to
a hearing before the board or a designee of the board prior to the
imposition of sanctions. The hearing shall be considered as offender
disciplinary proceedings and shall not be subject to chapter 34.05 RCW.
The board shall develop hearing procedures and a structure of graduated
sanctions consistent with the hearing procedures and graduated
sanctions
developed pursuant to RCW 9.94A.737. The board may suspend
the offender's release to community custody and confine the offender in
a correctional institution owned, operated by, or operated under
contract with the state prior to the hearing unless the offender has
been arrested and confined for a new criminal offense.
(4) The hearing procedures required under subsection (3) of this
section shall be developed by rule and include the following:
(a) Hearings shall be conducted by members or designees of the
board unless the board enters into an agreement with the department to
use the hearing officers established under RCW 9.94A.737;
(b) The board shall provide the offender with findings and
conclusions which include the evidence relied upon, and the reasons the
particular sanction was imposed. The board shall notify the offender
of the right to appeal the sanction and the right to file a personal
restraint petition under court rules after the final decision of the
board;
(c) The hearing shall be held unless waived by the offender, and
shall be electronically recorded. For offenders not in total
confinement, the hearing shall be held within thirty days of service of
notice of the violation, but not less than twenty-four hours after
notice of the violation. For offenders in total confinement, the
hearing shall be held within thirty days of service of notice of the
violation, but not less than twenty-four hours after notice of the
violation. The board or its designee shall make a determination
whether probable cause exists to believe the violation or violations
occurred. The determination shall be made within forty-eight hours of
receipt of the allegation;
(d) The offender shall have the right to: (i) Be present at the
hearing; (ii) have the assistance of a person qualified to assist the
offender in the hearing, appointed by the presiding hearing officer if
the offender has a language or communications barrier; (iii) testify or
remain silent; (iv) call witnesses and present documentary evidence;
(v) question witnesses who appear and testify; and (vi) be represented
by counsel if revocation of the release to community custody upon a
finding of violation is a probable sanction for the violation. The
board may not revoke the release to community custody of any offender
who was not represented by counsel at the hearing, unless the offender
has waived the right to counsel; and
(e) The sanction shall take effect if affirmed by the presiding
hearing officer.
(5) Within seven days after the presiding hearing officer's
decision, the offender may appeal the decision to the full board or to
a panel of three reviewing examiners designated by the chair of the
board or by the chair's designee. The sanction shall be reversed or
modified if a majority of the panel finds that the sanction was not
reasonably related to any of the following: (a) The crime of
conviction; (b) the violation committed; (c) the offender's risk of
reoffending; or (d) the safety of the community.
(6) For purposes of this section, no finding of a violation of
conditions may be based on unconfirmed or unconfirmable allegations.
Sec. 8 RCW 9.95.440 and 2008 c 231 s 45 are each amended to read
as follows:
In the event the board suspends the release status of an offender
released under RCW 9.95.420, 10.95.030(3), or section 10 of this act by
reason of an alleged violation of a condition of release, or pending
disposition of a new criminal charge, the board may nullify the
suspension order and reinstate release under previous conditions or any
new conditions the board determines advisable under RCW 9.94A.704.
Before the board may nullify a suspension order and reinstate release,
it shall determine that the best interests of society and the offender
shall be served by such reinstatement rather than return to
confinement.
Sec. 9 RCW 10.95.030 and 2010 c 94 s 3 are each amended to read
as follows:
(1) Except as provided in subsections (2) and (3) of this section,
any person convicted of the crime of aggravated first degree murder
shall be sentenced to life imprisonment without possibility of release
or parole. A person sentenced to life imprisonment under this section
shall not have that sentence suspended, deferred, or commuted by any
judicial officer and the indeterminate sentence review board or its
successor may not parole such prisoner nor reduce the period of
confinement in any manner whatsoever including but not limited to any
sort of good-time calculation. The department of social and health
services or its successor or any executive official may not permit such
prisoner to participate in any sort of release or furlough program.
(2) If, pursuant to a special sentencing proceeding held under RCW
10.95.050, the trier of fact finds that there are not sufficient
mitigating circumstances to merit leniency, the sentence shall be
death. In no case, however, shall a person be sentenced to death if
the person had an intellectual disability at the time the crime was
committed, under the definition of intellectual disability set forth in
(a) of this subsection. A diagnosis of intellectual disability shall
be documented by a licensed psychiatrist or licensed psychologist
designated by the court, who is an expert in the diagnosis and
evaluation of intellectual disabilities. The defense must establish an
intellectual disability by a preponderance of the evidence and the
court must make a finding as to the existence of an intellectual
disability.
(a) "Intellectual disability" means the individual has: (i)
Significantly subaverage general intellectual functioning; (ii)
existing concurrently with deficits in adaptive behavior; and (iii)
both significantly subaverage general intellectual functioning and
deficits in adaptive behavior were manifested during the developmental
period.
(b) "General intellectual functioning" means the results obtained
by assessment with one or more of the individually administered general
intelligence tests developed for the purpose of assessing intellectual
functioning.
(c) "Significantly subaverage general intellectual functioning"
means intelligence quotient seventy or below.
(d) "Adaptive behavior" means the effectiveness or degree with
which individuals meet the standards of personal independence and
social responsibility expected for his or her age.
(e) "Developmental period" means the period of time between
conception and the eighteenth birthday.
(3)(a)(i) Any person convicted of the crime of aggravated first
degree murder for an offense committed prior to the person's sixteenth
birthday shall be sentenced to a maximum term of life imprisonment and
a minimum term of total confinement of twenty-five years.
(ii) Any person convicted of the crime of aggravated first degree
murder for an offense committed when the person is at least sixteen
years old but less than eighteen years old shall be sentenced to a
maximum term of life imprisonment and a minimum term of total
confinement of no less than twenty-five years. A minimum term of life
may be imposed, in which case the person will be ineligible for parole
or early release.
(b) In setting a minimum term, the court must take into account
mitigating factors that account for the diminished culpability of youth
as provided in Miller v. Alabama, 132 S.Ct. 2455 (2012) including, but
not limited to, the age of the individual, the youth's childhood and
life experience, the degree of responsibility the youth was capable of
exercising, and the youth's chances of becoming rehabilitated.
(c) A person sentenced under this subsection shall serve the
sentence in a facility or institution operated, or utilized under
contract, by the state. During the minimum term of total confinement,
the person shall not be eligible for community custody, earned release
time, furlough, home detention, partial confinement, work crew, work
release, or any other form of early release authorized under RCW
9.94A.728, or any other form of authorized leave or absence from the
correctional facility while not in the direct custody of a corrections
officer. The provisions of this subsection shall not apply: (i) In
the case of an offender in need of emergency medical treatment; or (ii)
for an extraordinary medical placement when authorized under RCW
9.94A.728(3).
(d) Any person sentenced pursuant to this subsection shall be
subject to community custody under the supervision of the department of
corrections and the authority of the indeterminate sentence review
board. As part of any sentence under this subsection, the court shall
require the person to comply with any conditions imposed by the board.
(e) No later than five years prior to the expiration of the
person's minimum term, the department of corrections shall conduct an
assessment of the offender and identify programming and services that
would be appropriate to prepare the offender for return to the
community. To the extent possible, the department shall make
programming available as identified by the assessment.
(f) No later than one hundred eighty days prior to the expiration
of the person's minimum term, the department of corrections shall
conduct, and the offender shall participate in, an examination of the
person, incorporating methodologies that are recognized by experts in
the prediction of dangerousness, and including a prediction of the
probability that the person will engage in future criminal behavior if
released on conditions to be set by the board. The board may consider
a person's failure to participate in an evaluation under this
subsection in determining whether to release the person. The board
shall order the person released, under such affirmative and other
conditions as the board determines appropriate, unless the board
determines by a preponderance of the evidence that, despite such
conditions, it is more likely than not that the person will commit new
criminal law violations if released. If the board does not order the
person released, the board shall set a new minimum term not to exceed
five additional years. The board shall give public safety
considerations the highest priority when making all discretionary
decisions regarding the ability for release and conditions of release.
(g) In a hearing conducted under (f) of this subsection, the board
shall provide opportunities for victims and survivors of victims of any
crimes for which the offender has been convicted to present statements
as set forth in RCW 7.69.032. The procedures for victim and survivor
of victim input shall be developed by rule. To facilitate victim and
survivor of victim involvement, county prosecutor's offices shall
ensure that any victim impact statements and known contact information
for victims of record and survivors of victims are forwarded as part of
the judgment and sentence.
(h) An offender released by the board is subject to the supervision
of the department of corrections for a period of time to be determined
by the board. The department shall monitor the offender's compliance
with conditions of community custody imposed by the court, department,
or board, and promptly report any violations to the board. Any
violation of conditions of community custody established or modified by
the board are subject to the provisions of RCW 9.95.425 through
9.95.440.
NEW SECTION. Sec. 10 A new section is added to chapter 9.94A RCW
to read as follows:
(1) Notwithstanding any other provision of this chapter, any person
convicted of one or more crimes committed prior to the person's
eighteenth birthday may petition the indeterminate sentence review
board for early release after serving no less than twenty years of
total confinement, provided the person has not been convicted for any
crime committed subsequent to the person's eighteenth birthday, the
person has not committed a major violation in the twelve months prior
to filing the petition for early release, and the current sentence was
not imposed under RCW 10.95.030 or 9.94A.507.
(2) When an offender who will be eligible to petition under this
section has served fifteen years, the department shall conduct an
assessment of the offender and identify programming and services that
would be appropriate to prepare the offender for return to the
community. To the extent possible, the department shall make
programming available as identified by the assessment.
(3) No later than one hundred eighty days from receipt of the
petition for early release, the department shall conduct, and the
offender shall participate in, an examination of the person,
incorporating methodologies that are recognized by experts in the
prediction of dangerousness, and including a prediction of the
probability that the person will engage in future criminal behavior if
released on conditions to be set by the board. The board may consider
a person's failure to participate in an evaluation under this
subsection in determining whether to release the person. The board
shall order the person released under such affirmative and other
conditions as the board determines appropriate, unless the board
determines by a preponderance of the evidence that, despite such
conditions, it is more likely than not that the person will commit new
criminal law violations if released. The board shall give public
safety considerations the highest priority when making all
discretionary decisions regarding the ability for release and
conditions of release.
(4) In a hearing conducted under subsection (3) of this section,
the board shall provide opportunities for victims and survivors of
victims of any crimes for which the offender has been convicted to
present statements as set forth in RCW 7.69.032. The procedures for
victim and survivor of victim input shall be developed by rule. To
facilitate victim and survivor of victim involvement, county
prosecutor's offices shall ensure that any victim impact statements and
known contact information for victims of record and survivors of
victims are forwarded as part of the judgment and sentence.
(5) An offender released by the board is subject to the supervision
of the department for a period of time to be determined by the board.
The department shall monitor the offender's compliance with conditions
of community custody imposed by the court, department, or board, and
promptly report any violations to the board. Any violation of
conditions of community custody established or modified by the board
are subject to the provisions of RCW 9.95.425 through 9.95.440.
(6) An offender whose petition for release is denied may file a new
petition for release five years from the date of denial or at an
earlier date as may be set by the board.
NEW SECTION. Sec. 11 A new section is added to chapter 10.95 RCW
to read as follows:
(1) A person, who was sentenced prior to June 1, 2014, to a term of
life without the possibility of parole for an offense committed prior
to their eighteenth birthday, shall be returned to the sentencing court
or the sentencing court's successor for sentencing consistent with RCW
10.95.030. Release and supervision of a person who receives a minimum
term of less than life will be governed by RCW 10.95.030.
(2) The court shall provide an opportunity for victims and
survivors of victims of any crimes for which the offender has been
convicted to present a statement personally or by representation.
(3) The court's order setting a minimum term is subject to review
to the same extent as a minimum term decision by the parole board
before July 1, 1986.
(4) A resentencing under this section shall not reopen the
defendant's conviction to challenges that would otherwise be barred by
RCW 10.73.090. 10.73.100, 10.73.140, or other procedural barriers.
NEW SECTION. Sec. 12 A new section is added to chapter 10.95 RCW
to read as follows:
Sections 1 through 9 of this act apply to all sentencing hearings
conducted on or after June 1, 2014, regardless of the date of an
offender's underlying offense.
NEW SECTION. Sec. 13 (1) The legislature shall convene a task
force to examine juvenile sentencing reform, with the following voting
members:
(a) The president of the senate shall appoint one member from each
of the two largest caucuses of the senate;
(b) The speaker of the house of representatives shall appoint one
member from each of the two largest caucuses in the house of
representatives;
(c) A representative from the governor's office;
(d) The assistant secretary of the department of social and health
services overseeing the juvenile justice and rehabilitation
administration or his or her designee;
(e) The secretary of the department of corrections or his or her
designee;
(f) A superior court judge from the superior court judges
association family and juvenile law subcommittee, who is familiar with
cases involving the transfer of youth to the adult criminal justice
system and sentencing of youth in the adult criminal justice system;
(g) A representative of the Washington association of prosecuting
attorneys;
(h) A representative of the Washington association of criminal
defense lawyers or the Washington defender association;
(i) A representative from the Washington coalition of crime victim
advocates;
(j) A representative from the juvenile court administrator's
association;
(k) A representative from the Washington association of sheriffs
and police chiefs;
(l) A representative from law enforcement who works with juveniles;
and
(m) A representative from the sentencing guidelines commission.
(2) The task force shall choose two cochairs from among its
legislative members.
(3) The task force shall undertake a thorough review of juvenile
sentencing as it relates to the intersection of the adult and juvenile
justice systems and make recommendations for reform that promote
improved outcomes for youth, public safety, and taxpayer resources.
The review shall include, but is not limited to:
(a) The process and circumstances for transferring a juvenile to
adult jurisdiction, including discretionary and mandatory decline
hearings and automatic transfer to adult jurisdiction;
(b) Sentencing standards, term lengths, sentencing enhancements,
and stacking provisions that apply once a juvenile is transferred to
adult jurisdiction; and
(c) The appropriate custody, treatment, and resources for declined
youth who will complete their term of confinement prior to reaching age
twenty-one.
(4) Staff support for the task force must be provided by the senate
committee services and the house of representatives office of program
research.
(5) Legislative members of the task force may be reimbursed for
travel expenses in accordance with RCW 44.04.120. Nonlegislative
members, except those representing an employer or organization, are
entitled to be reimbursed for travel expenses as provided in RCW
43.03.050 and 43.03.060.
(6) The expenses of the task force shall be paid jointly by the
senate and the house of representatives. Task force expenditures are
subject to approval by the senate facilities and operations committee
and the house executive rules committee, or their successor committees.
(7) The task force shall report its findings and recommendations to
the governor and the appropriate committees of the legislature by
December 1, 2014.
NEW SECTION. Sec. 14 Section 13 of this act expires June 1,
2015.
NEW SECTION. Sec. 15 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 16 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
June 1, 2014.