and 2015 2nd sp.s. c 3 s 13 are each amended to read as follows:
(1)(a) Except as provided in (b), (c), or (d) of this subsection, whenever a person is to be sentenced for two or more current offenses, the sentence range for each current offense shall be determined by using all other current and prior convictions as if they were prior convictions for the purpose of the offender score: PROVIDED, That if the court enters a finding that some or all of the current offenses encompass the same criminal conduct then those current offenses shall be counted as one crime. Sentences imposed under this subsection shall be served concurrently. Consecutive sentences may only be imposed under the exceptional sentence provisions of RCW 9.94A.535
. "Same criminal conduct," as used in this subsection, means two or more crimes that require the same criminal intent, are committed at the same time and place, and involve the same victim. This definition applies in cases involving vehicular assault or vehicular homicide even if the victims occupied the same vehicle.
(b) Whenever a person is convicted of two or more serious violent offenses arising from separate and distinct criminal conduct, the standard sentence range for the offense with the highest seriousness level under RCW 9.94A.515
shall be determined using the offender's prior convictions and other current convictions that are not serious violent offenses in the offender score and the standard sentence range for other serious violent offenses shall be determined by using an offender score of zero. The standard sentence range for any offenses that are not serious violent offenses shall be determined according to (a) of this subsection. All sentences imposed under this subsection (1)(b) shall be served consecutively to each other and concurrently with sentences imposed under (a) of this subsection. However, unless the court expressly orders that the community custody terms run consecutively to each other, the terms of community custody shall run concurrently to each other even if the court orders the confinement terms to run consecutively to each other.
(c) If an offender is convicted under RCW 9.41.040
for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, the standard sentence range for each of these current offenses shall be determined by using all other current and prior convictions, except other current convictions for the felony crimes listed in this subsection (1)(c), as if they were prior convictions. The offender shall serve consecutive sentences for each conviction of the felony crimes listed in this subsection (1)(c), and for each firearm unlawfully possessed.
(2)(a) ((Except as provided in (b) of this subsection,))Whenever a person while under sentence for conviction of a felony commits another felony and is sentenced to another term of confinement, the latter term of confinement shall not begin until expiration of all prior terms of confinement. However, any terms of community custody shall run concurrently to each other, unless the court pronouncing the current sentence expressly orders that they be served consecutively.
(b) Whenever a second or later felony conviction results in consecutive community ((supervision))custody with conditions not currently in effect, under the prior sentence or sentences of community ((supervision))custody the court may require that the conditions of community ((supervision))custody contained in the second or later sentence begin during the immediate term of community ((supervision))custody and continue throughout the duration of the consecutive term of community ((supervision))custody.
(3) Subject to subsections (1) and (2) of this section, whenever a person is sentenced for a felony that was committed while the person was not under sentence for conviction of a felony, the sentence shall run concurrently with any felony sentence which has been imposed by any court in this or another state or by a federal court subsequent to the commission of the crime being sentenced unless the court pronouncing the current sentence expressly orders that ((they))the confinement terms be served consecutively to each other. Unless the court expressly orders that the community custody terms run consecutively, such terms of community custody run concurrently to each other even if the court orders the confinement terms to run consecutively to each other.
(4) Whenever any person granted probation under RCW 9.95.210
, or both, has the probationary sentence revoked and a prison sentence imposed, that sentence shall run consecutively to any sentence imposed pursuant to this chapter, unless the court pronouncing the subsequent sentence expressly orders that they be served concurrently.
(5) In the case of consecutive sentences, all periods of total confinement shall be served before any partial confinement, community restitution, community supervision, or any other requirement or conditions of any of the sentences. Except for exceptional sentences as authorized under RCW 9.94A.535
, if two or more sentences that run consecutively include periods of community supervision, the aggregate of the community supervision period shall not exceed twenty-four months.
and 2003 c 379 s 4 are each amended to read as follows:
When a court sentences an offender to a term of total confinement in the custody of the department for any of the offenses specified in this section, the court shall also sentence the offender to a term of community placement as provided in this section. Except as provided in RCW 9.94A.501
, the department shall supervise any sentence of community placement imposed under this section.
(1) The court shall order a one-year term of community placement for the following:
(a) A sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990; or
(b) An offense committed on or after July 1, 1988, but before July 25, 1999, that is:
(i) Assault in the second degree;
(ii) Assault of a child in the second degree;
(iii) A crime against persons where it is determined in accordance with RCW ((9.94A.602))9.94A.825 that the offender or an accomplice was armed with a deadly weapon at the time of commission; or
(2) The court shall sentence the offender to a term of community placement of two years or up to the period of earned release awarded pursuant to RCW 9.94A.728
, whichever is longer, for:
(a) An offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, including those sex offenses also included in other offense categories;
(b) A serious violent offense other than a sex offense committed on or after July 1, 1990, but before July 1, 2000; or
(c) A vehicular homicide or vehicular assault committed on or after July 1, 1990, but before July 1, 2000.
(3) The community placement ordered under this section shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release. When the court sentences an offender to the statutory maximum sentence then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible. Any period of community custody actually served shall be credited against the community placement portion of the sentence. The community placement shall run concurrently to any period of probation, parole, community supervision, community placement, or community custody previously imposed by any court in any jurisdiction, unless the court pronouncing the current sentence expressly orders that they be served consecutively to each other.
(4) Unless a condition is waived by the court, the terms of any community placement imposed under this section shall include the following conditions:
(a) The offender shall report to and be available for contact with the assigned community corrections officer as directed;
(b) The offender shall work at department-approved education, employment, or community restitution, or any combination thereof;
(c) The offender shall not possess or consume controlled substances except pursuant to lawfully issued prescriptions;
(d) The offender shall pay supervision fees as determined by the department; and
(e) The residence location and living arrangements shall be subject to the prior approval of the department during the period of community placement.
(5) As a part of any terms of community placement imposed under this section, the court may also order one or more of the following special conditions:
(a) The offender shall remain within, or outside of, a specified geographical boundary;
(b) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;
(c) The offender shall participate in crime-related treatment or counseling services;
(d) The offender shall not consume alcohol; or
(e) The offender shall comply with any crime-related prohibitions.
(6) An offender convicted of a felony sex offense against a minor victim after June 6, 1996, shall comply with any terms and conditions of community placement imposed by the department relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.
(7) Prior to or during community placement, upon recommendation of the department, the sentencing court may remove or modify any conditions of community placement so as not to be more restrictive.
and 2015 c 134 s 4 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 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 10.95.035
, the offender may not receive any earned early release time during the minimum term of confinement imposed by the court; for any remaining portion of the sentence served by the offender, 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.
(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.
(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
(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 (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.
(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)(d) of this section utilizing the risk assessment tool recommended by the Washington state institute for public policy. Subsection (3)(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
, 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
(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;
(iii) Subject to the availability of amounts appropriated for this specific purpose, and if rental assistance will result in an approved release plan for the offender, the department may extend the rental voucher period to a length not to exceed six months in total.
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.
NEW SECTION. Sec. 4. The legislature declares that the department of corrections' recalculations of community custody terms pursuant to sections 1 and 2 of this act do not create any expectations that a particular community custody term will end before July 1, 2019, and offenders have no reason to conclude that the recalculation of their community custody terms before July 1, 2019, is an entitlement or creates any liberty interest in their community custody term ending before July 1, 2019. The department of corrections is authorized to take the time reasonably necessary to complete the recalculations of community custody terms after the effective date of this section.
NEW SECTION. Sec. 5. The department of corrections has the authority to begin implementing this act upon the effective date of this section.
NEW SECTION. Sec. 6. Sections 1 and 2 of this act apply retroactively and prospectively regardless of the date of an offender's underlying offense.
NEW SECTION. Sec. 7. 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, 2019."
(2) Removes all language that increased the percentage of earned release time that incarcerated individuals could earn.
(3) Removes all changes to the department's swift and certain policy.
(4) Adds language that, subject to appropriated funds, the department may extend the voucher period to a maximum of six months when deemed necessary.