| TABLE 4 | |
| DRUG OFFENSES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | |
III | Any felony offense under chapter 69.50 RCW with a deadly weapon special verdict under RCW (( 9.94A.602)) 9.94A.825 | |
| Controlled Substance Homicide (RCW 69.50.415) | |
| Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2)) | |
| Involving a minor in drug dealing (RCW 69.50.4015) | |
| Manufacture of methamphetamine (RCW 69.50.401(2)(b)) | |
| Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406) | |
| Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406) | |
| Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440) | |
| Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410) | |
II | Create(( ,)) or deliver(( , or possess)) a counterfeit controlled substance (RCW 69.50.4011(1)(a)) | |
| Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(2)(b)) | |
| Delivery of a material in lieu of a controlled substance (RCW 69.50.4012) | |
| Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(1)(f)) | |
| Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(2)(b)) | |
| Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(2)(a)) | |
| Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(2) (c) through (e)) | |
| Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1)) | |
I | | |
| Forged Prescription for a Controlled Substance (RCW 69.50.403) | |
| Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(2)(c)) | |
| (( Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Nonnarcotic from Schedule I-V (RCW 69.50.4013) | |
| Possession of Controlled Substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.4013))) | |
| Unlawful Use of Building for Drug Purposes (RCW 69.53.010) | |
Sec. 16. RCW
13.40.0357 and 2020 c 18 s 8 are each amended to read as follows:
DESCRIPTION AND OFFENSE CATEGORY |
juvenile disposition offense category | description (rcw citation) | juvenile disposition category for attempt, bailjump, conspiracy, or solicitation |
| Arson and Malicious Mischief |
| A | Arson 1 (9A.48.020) | B+ |
| B | Arson 2 (9A.48.030) | C |
| C | Reckless Burning 1 (9A.48.040) | D |
| D | Reckless Burning 2 (9A.48.050) | E |
| B | Malicious Mischief 1 (9A.48.070) | C |
| C | Malicious Mischief 2 (9A.48.080) | D |
| D | Malicious Mischief 3 (9A.48.090) | E |
| E | Tampering with Fire Alarm Apparatus (9.40.100) | E |
| E | Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105) | E |
| A | Possession of Incendiary Device (9.40.120) | B+ |
| | Assault and Other Crimes Involving Physical Harm | |
| A | Assault 1 (9A.36.011) | B+ |
| B+ | Assault 2 (9A.36.021) | C+ |
| C+ | Assault 3 (9A.36.031) | D+ |
| D+ | Assault 4 (9A.36.041) | E |
| B+ | Drive-By Shooting (9A.36.045) committed at age 15 or under | C+ |
| A++ | Drive-By Shooting (9A.36.045) committed at age 16 or 17 | A |
| D+ | Reckless Endangerment (9A.36.050) | E |
| C+ | Promoting Suicide Attempt (9A.36.060) | D+ |
| D+ | Coercion (9A.36.070) | E |
| C+ | Custodial Assault (9A.36.100) | D+ |
| | Burglary and Trespass | |
| B+ | Burglary 1 (9A.52.020) committed at age 15 or under | C+ |
| A- | Burglary 1 (9A.52.020) committed at age 16 or 17 | B+ |
| B | Residential Burglary (9A.52.025) | C |
| B | Burglary 2 (9A.52.030) | C |
| D | Burglary Tools (Possession of) (9A.52.060) | E |
| D | Criminal Trespass 1 (9A.52.070) | E |
| E | Criminal Trespass 2 (9A.52.080) | E |
| C | Mineral Trespass (78.44.330) | C |
| C | Vehicle Prowling 1 (9A.52.095) | D |
| D | Vehicle Prowling 2 (9A.52.100) | E |
| | Drugs | |
| E | Possession/Consumption of Alcohol (66.44.270) | E |
| C | Illegally Obtaining Legend Drug (69.41.020) | D |
| C+ | Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a)) | D+ |
| E | Possession of Legend Drug (69.41.030(2)(b)) | E |
| B+ | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b)) | B+ |
| C | Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c)) | C |
| E | Possession of Marihuana <40 grams (69.50.4014) | E |
| C | Fraudulently Obtaining Controlled Substance (69.50.403) | C |
| C+ | Sale of Controlled Substance for Profit (69.50.410) | C+ |
| E | Unlawful Inhalation (9.47A.020) | E |
| B | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b)) | B |
| C | Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e)) | C |
| ((C))E | Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013) | ((C))E |
| C | Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4012) | C |
| | Firearms and Weapons | |
| B | Theft of Firearm (9A.56.300) | C |
| B | Possession of Stolen Firearm (9A.56.310) | C |
| E | Carrying Loaded Pistol Without Permit (9.41.050) | E |
| C | Possession of Firearms by Minor (<18) (9.41.040(2)(a) (vi)) | C |
| D+ | Possession of Dangerous Weapon (9.41.250) | E |
| D | Intimidating Another Person by use of Weapon (9.41.270) | E |
| | Homicide | |
| A+ | Murder 1 (9A.32.030) | A |
| A+ | Murder 2 (9A.32.050) | B+ |
| B+ | Manslaughter 1 (9A.32.060) | C+ |
| C+ | Manslaughter 2 (9A.32.070) | D+ |
| B+ | Vehicular Homicide (46.61.520) | C+ |
| | Kidnapping | |
| A | Kidnap 1 (9A.40.020) | B+ |
| B+ | Kidnap 2 (9A.40.030) | C+ |
| C+ | Unlawful Imprisonment (9A.40.040) | D+ |
| | Obstructing Governmental Operation | |
| D | Obstructing a Law Enforcement Officer (9A.76.020) | E |
| E | Resisting Arrest (9A.76.040) | E |
| B | Introducing Contraband 1 (9A.76.140) | C |
| C | Introducing Contraband 2 (9A.76.150) | D |
| E | Introducing Contraband 3 (9A.76.160) | E |
| B+ | Intimidating a Public Servant (9A.76.180) | C+ |
| B+ | Intimidating a Witness (9A.72.110) | C+ |
| | Public Disturbance | |
| C+ | Criminal Mischief with Weapon (9A.84.010(2)(b)) | D+ |
| D+ | Criminal Mischief Without Weapon (9A.84.010(2)(a)) | E |
| E | Failure to Disperse (9A.84.020) | E |
| E | Disorderly Conduct (9A.84.030) | E |
| | Sex Crimes | |
| A | Rape 1 (9A.44.040) | B+ |
| B++ | Rape 2 (9A.44.050) committed at age 14 or under | B+ |
| A- | Rape 2 (9A.44.050) committed at age 15 through age 17 | B+ |
| C+ | Rape 3 (9A.44.060) | D+ |
| B++ | Rape of a Child 1 (9A.44.073) committed at age 14 or under | B+ |
| A- | Rape of a Child 1 (9A.44.073) committed at age 15 | B+ |
| B+ | Rape of a Child 2 (9A.44.076) | C+ |
| B | Incest 1 (9A.64.020(1)) | C |
| C | Incest 2 (9A.64.020(2)) | D |
| D+ | Indecent Exposure (Victim <14) (9A.88.010) | E |
| E | Indecent Exposure (Victim 14 or over) (9A.88.010) | E |
| B+ | Promoting Prostitution 1 (9A.88.070) | C+ |
| C+ | Promoting Prostitution 2 (9A.88.080) | D+ |
| E | O & A (Prostitution) (9A.88.030) | E |
| B+ | Indecent Liberties (9A.44.100) | C+ |
| B++ | Child Molestation 1 (9A.44.083) committed at age 14 or under | B+ |
| A- | Child Molestation 1 (9A.44.083) committed at age 15 through age 17 | B+ |
| B | Child Molestation 2 (9A.44.086) | C+ |
| C | Failure to Register as a Sex Offender (9A.44.132) | D |
| | Theft, Robbery, Extortion, and Forgery | |
| B | Theft 1 (9A.56.030) | C |
| C | Theft 2 (9A.56.040) | D |
| D | Theft 3 (9A.56.050) | E |
| B | Theft of Livestock 1 and 2 (9A.56.080 and 9A.56.083) | C |
| C | Forgery (9A.60.020) | D |
| A | Robbery 1 (9A.56.200) committed at age 15 or under | B+ |
| A++ | Robbery 1 (9A.56.200) committed at age 16 or 17 | A |
| B+ | Robbery 2 (9A.56.210) | C+ |
| B+ | Extortion 1 (9A.56.120) | C+ |
| C+ | Extortion 2 (9A.56.130) | D+ |
| C | Identity Theft 1 (9.35.020(2)) | D |
| D | Identity Theft 2 (9.35.020(3)) | E |
| D | Improperly Obtaining Financial Information (9.35.010) | E |
| B | Possession of a Stolen Vehicle (9A.56.068) | C |
| B | Possession of Stolen Property 1 (9A.56.150) | C |
| C | Possession of Stolen Property 2 (9A.56.160) | D |
| D | Possession of Stolen Property 3 (9A.56.170) | E |
| B | Taking Motor Vehicle Without Permission 1 (9A.56.070) | C |
| C | Taking Motor Vehicle Without Permission 2 (9A.56.075) | D |
| B | Theft of a Motor Vehicle (9A.56.065) | C |
| | Motor Vehicle Related Crimes | |
| E | Driving Without a License (46.20.005) | E |
| B+ | Hit and Run - Death (46.52.020(4)(a)) | C+ |
| C | Hit and Run - Injury (46.52.020(4)(b)) | D |
| D | Hit and Run-Attended (46.52.020(5)) | E |
| E | Hit and Run-Unattended (46.52.010) | E |
| C | Vehicular Assault (46.61.522) | D |
| C | Attempting to Elude Pursuing Police Vehicle (46.61.024) | D |
| E | Reckless Driving (46.61.500) | E |
| D | Driving While Under the Influence (46.61.502 and 46.61.504) | E |
| B+ | Felony Driving While Under the Influence (46.61.502(6)) | B |
| B+ | Felony Physical Control of a Vehicle While Under the Influence (46.61.504(6)) | B |
| | Other | |
| B | Animal Cruelty 1 (16.52.205) | C |
| B | Bomb Threat (9.61.160) | C |
| C | Escape 11 (9A.76.110) | C |
| C | Escape 21 (9A.76.120) | C |
| D | Escape 3 (9A.76.130) | E |
| E | Obscene, Harassing, Etc., Phone Calls (9.61.230) | E |
| A | Other Offense Equivalent to an Adult Class A Felony | B+ |
| B | Other Offense Equivalent to an Adult Class B Felony | C |
| C | Other Offense Equivalent to an Adult Class C Felony | D |
| D | Other Offense Equivalent to an Adult Gross Misdemeanor | E |
| E | Other Offense Equivalent to an Adult Misdemeanor | E |
| V | Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 | V |
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:
1st escape or attempted escape during 12-month period - 28 days confinement
2nd escape or attempted escape during 12-month period - 8 weeks confinement
3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement
2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.
JUVENILE SENTENCING STANDARDS
This schedule must be used for juvenile offenders. The court may select sentencing option A, B, C, or D.
| | OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE |
| A++ | 129 to 260 weeks for all category A++ offenses |
| A+ | 180 weeks to age 21 for all category A+ offenses |
| A | 103-129 weeks for all category A offenses |
| A- | 30-40 weeks | 52-65 weeks | 80-100 weeks | 103-129 weeks | 103-129 weeks |
| B++ | 15-36 weeks | 52-65 weeks | 80-100 weeks | 103-129 weeks | 103-129 weeks |
CURRENT | B+ | 15-36 weeks | 15-36 weeks | 52-65 weeks | 80-100 weeks | 103-129 weeks |
OFFENSE | B | LS | LS | 15-36 weeks | 15-36 weeks | 52-65 weeks |
CATEGORY | C+ | LS | LS | LS | 15-36 weeks | 15-36 weeks |
| C | LS | LS | LS | LS | 15-36 weeks |
| D+ | LS | LS | LS | LS | LS |
| D | LS | LS | LS | LS | LS |
| E | LS | LS | LS | LS | LS |
PRIOR | 0 | 1 | 2 | 3 | 4 or more |
ADJUDICATIONS | | | |
NOTE: References in the grid to days or weeks mean periods of confinement. "LS" means "local sanctions" as defined in RCW
13.40.020.
(1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.
(2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.
(3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.
(4) RCW
13.40.180 applies if the offender is being sentenced for more than one offense.
(5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.
OR
OPTION B
SUSPENDED DISPOSITION ALTERNATIVE
(1) If the offender is subject to a standard range disposition involving confinement by the department, the court may impose the standard range and suspend the disposition on condition that the offender comply with one or more local sanctions and any educational or treatment requirement. The treatment programs provided to the offender must be either research-based best practice programs as identified by the Washington state institute for public policy or the joint legislative audit and review committee, or for chemical dependency treatment programs or services, they must be evidence-based or research-based best practice programs. For the purposes of this subsection:
(a) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population; and
(b) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
(2) If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW
13.40.200 or may revoke the suspended disposition and order the disposition's execution.
(3) An offender is ineligible for the suspended disposition option under this section if the offender:
(a) Is adjudicated of an A+ or A++ offense;
(b) Is fourteen years of age or older and is adjudicated of one or more of the following offenses:
(i) A class A offense, or an attempt, conspiracy, or solicitation to commit a class A offense;
(ii) Manslaughter in the first degree (RCW
9A.32.060);
(iv) Violation of the uniform controlled substances act (RCW
69.50.401(2) (a) and (b)), when the offense includes infliction of bodily harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed with a deadly weapon;
(c) Is ordered to serve a disposition for a firearm violation under RCW
13.40.193;
(d) Is adjudicated of a sex offense as defined in RCW
9.94A.030; or
(e) Has a prior option B disposition.
OR
OPTION C
CHEMICAL DEPENDENCY/MENTAL HEALTH DISPOSITION ALTERNATIVE
If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed a B++ or B+ offense, the court may impose a disposition under RCW
13.40.160(4) and
13.40.165.
OR
OPTION D
MANIFEST INJUSTICE
If the court determines that a disposition under option A, B, or C would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW
13.40.160(2).
Sec. 17. RCW
2.24.010 and 2013 c 27 s 3 are each amended to read as follows:
(1) There may be appointed in each county or judicial district, by the judges of the superior court having jurisdiction therein, one or more court commissioners for said county or judicial district. Each such commissioner shall be a citizen of the United States and shall hold the office during the pleasure of the judges making the appointment.
(2)(a) There may be appointed in counties with a population of more than four hundred thousand, by the presiding judge of the superior court having jurisdiction therein, one or more attorneys to act as criminal commissioners to assist the superior court in disposing of adult criminal cases. Such criminal commissioners shall have power, authority, and jurisdiction, concurrent with the superior court and the judges thereof, in adult criminal cases, to preside over arraignments, preliminary appearances, initial extradition hearings, and noncompliance proceedings pursuant to RCW
9.94A.6333 or
9.94B.040; accept pleas if authorized by local court rules; appoint counsel; make determinations of probable cause; set, amend, and review conditions of pretrial release; set bail; set trial and hearing dates; authorize continuances; accept waivers of the right to speedy trial; and authorize and issue search warrants and orders to intercept, monitor, or record wired or wireless telecommunications or for the installation of electronic taps or other devices to include, but not be limited to, vehicle global positioning system or other mobile tracking devices with all the powers conferred upon the judge of the superior court in such matters.
(b) Criminal commissioners shall also have the authority to conduct resentencing hearings and to vacate convictions related to State v. Blake, No. 96873-0 (Feb. 25, 2021). Criminal commissioners may be appointed for this purpose regardless of the population of the county served by the appointing court.
(c) The county legislative authority must approve the creation of criminal commissioner positions.
Sec. 18. RCW
2.24.040 and 2009 c 28 s 1 are each amended to read as follows:
Such court commissioner shall have power, authority, and jurisdiction, concurrent with the superior court and the judge thereof, in the following particulars:
(1) To hear and determine all matters in probate, to make and issue all proper orders therein, and to issue citations in all cases where same are authorized by the probate statutes of this state.
(2) To grant and enter defaults and enter judgment thereon.
(3) To issue temporary restraining orders and temporary injunctions, and to fix and approve bonds thereon.
(4) To act as referee in all matters and actions referred to him or her by the superior court as such, with all the powers now conferred upon referees by law.
(5) To hear and determine all proceedings supplemental to execution, with all the powers conferred upon the judge of the superior court in such matters.
(6) To hear and determine all petitions for the adoption of children and for the dissolution of incorporations.
(7) To hear and determine all applications for the commitment of any person to the hospital for the insane, with all the powers of the superior court in such matters: PROVIDED, That in cases where a jury is demanded, same shall be referred to the superior court for trial.
(8) To hear and determine all complaints for the commitments of minors with all powers conferred upon the superior court in such matters.
(9) To hear and determine ex parte and uncontested civil matters of any nature.
(10) To grant adjournments, administer oaths, preserve order, compel attendance of witnesses, and to punish for contempts in the refusal to obey or the neglect of the court commissioner's lawful orders made in any matter before the court commissioner as fully as the judge of the superior court.
(11) To take acknowledgments and proofs of deeds, mortgages and all other instruments requiring acknowledgment under the laws of this state, and to take affidavits and depositions in all cases.
(12) To provide an official seal, upon which shall be engraved the words "Court Commissioner," and the name of the county for which he or she may be appointed, and to authenticate his official acts therewith in all cases where same is necessary.
(13) To charge and collect, for his or her own use, the same fees for the official performance of official acts mentioned in subsections (4) and (11) of this section as are provided by law for referees and notaries public.
(14) To hear and determine small claims appeals as provided in chapter
12.36 RCW.
(15) In adult criminal cases, to preside over arraignments, preliminary appearances, initial extradition hearings, and noncompliance proceedings pursuant to RCW
9.94A.6333 or
9.94B.040; accept pleas if authorized by local court rules; appoint counsel; make determinations of probable cause; set, amend, and review conditions of pretrial release; set bail; set trial and hearing dates; authorize continuances; ((
and)) accept waivers of the right to speedy trial
; and conduct resentencing hearings and hearings to vacate convictions related to State v. Blake, No. 96873-0 (Feb. 25, 2021).
Sec. 19. RCW
9.94A.728 and 2018 c 166 s 2 are each amended to read as follows:
(1) No person serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:
(a) An offender may earn early release time as authorized by RCW
9.94A.729;
(b) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, offenders may leave a correctional facility when in the custody of a corrections officer or officers;
(c)(i) The secretary may authorize an extraordinary medical placement for an offender when all of the following conditions exist:
(A) The offender has a medical condition that is serious and is expected to require costly care or treatment;
(B) The offender poses a low risk to the community because he or she is currently physically incapacitated due to age or the medical condition or is expected to be so at the time of release; and
(C) It is expected that granting the extraordinary medical placement will result in a cost savings to the state.
(ii) An offender sentenced to death or to life imprisonment without the possibility of release or parole is not eligible for an extraordinary medical placement.
(iii) The secretary shall require electronic monitoring for all offenders in extraordinary medical placement unless the electronic monitoring equipment interferes with the function of the offender's medical equipment or results in the loss of funding for the offender's medical care, in which case, an alternative type of monitoring shall be utilized. The secretary shall specify who shall provide the monitoring services and the terms under which the monitoring shall be performed.
(iv) The secretary may revoke an extraordinary medical placement under this subsection (1)(c) at any time.
(v) Persistent offenders are not eligible for extraordinary medical placement;
(d) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;
(e) No more than the final twelve months of the offender's term of confinement may be served in partial confinement for aiding the offender with: Finding work as part of the work release program under chapter
72.65 RCW; or reestablishing himself or herself in the community as part of the parenting program in RCW
9.94A.6551. This is in addition to that period of earned early release time that may be exchanged for partial confinement pursuant to RCW
9.94A.729(5)(d);
(f) No more than the final six months of the offender's term of confinement may be served in partial confinement as home detention as part of the graduated reentry program developed by the department under RCW
9.94A.733;
(g) The governor may pardon any offender;
(h) The department may release an offender from confinement any time within ten days before a release date calculated under this section;
(i) An offender may leave a correctional facility prior to completion of his or her sentence if the sentence has been reduced as provided in RCW
9.94A.870;
(j) Notwithstanding any other provisions of this section, an offender sentenced for a felony crime listed in RCW
9.94A.540 as subject to a mandatory minimum sentence of total confinement shall not be released from total confinement before the completion of the listed mandatory minimum sentence for that felony crime of conviction unless allowed under RCW
9.94A.540; and
(k) Any person convicted of one or more crimes committed prior to the person's eighteenth birthday may be released from confinement pursuant to RCW
9.94A.730.
(2) Notwithstanding any other provision of this section, an offender entitled to vacation of a conviction or the recalculation of his or her offender score pursuant to State v. Blake, No. 96873-0 (Feb. 25, 2021), may be released from confinement pursuant to a court order if the offender has already served a period of confinement that exceeds his or her new standard range. This provision does not create an independent right to release from confinement prior to resentencing.
(3) Offenders residing in a juvenile correctional facility placement pursuant to RCW
72.01.410(1)(a) are not subject to the limitations in this section.
Sec. 20. RCW
10.64.110 and 1977 ex.s. c 259 s 1 are each amended to read as follows:
(1) Following June 15, 1977, except as provided in subsection (3) of this section, there shall be affixed to the original of every judgment and sentence of a felony conviction in every court in this state and every order adjudicating a juvenile to be a delinquent based upon conduct which would be a felony if committed by an adult, a fingerprint of the defendant or juvenile who is the subject of the order. When requested by the clerk of the court, the actual affixing of fingerprints shall be done by a representative of the office of the county sheriff.
(2) The clerk of the court shall attest that the fingerprints appearing on the judgment in sentence, order of adjudication of delinquency, or docket, is that of the individual who is the subject of the judgment or conviction, order, or docket entry.
(3) Amended judgment and sentences issued pursuant to State v. Blake, No. 96873-0 (Feb. 25, 2021), are exempt from the fingerprinting requirements in subsection (1) of this section when there are no additional offenses of conviction from the original judgment and sentence and the defendant is in custody in a correctional facility. In such cases, the amended judgment and sentence shall reference the original judgment and sentence and the fingerprints affixed thereto.
NEW SECTION. Sec. 21. The State v. Blake reimbursement account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for state and local government costs resulting from the supreme court's decision in State v. Blake, No. 96873-0 (Feb. 25, 2021), and to reimburse individuals for legal financial obligations paid in connection with sentences that have been invalidated as a result of the decision.
NEW SECTION. Sec. 22. The appropriations in this section are provided to the health care authority community behavioral health program and are subject to the following conditions and limitations:
(1) The following sums, or so much thereof as may be necessary, are each appropriated: $25,000,000 from the state general fund for the fiscal year ending June 30, 2022; and $20,000,000 from the state general fund for the fiscal year ending June 30, 2023. The amounts in this subsection are provided solely for the authority to contract with behavioral health administrative service organizations to implement the statewide recovery navigator program established in section 2 of this act and for related technical assistance to support this implementation. This includes funding for recovery navigator teams to provide community-based outreach and case management services based on the law enforcement assisted diversion model and for technical assistance support from the law enforcement assisted diversion national support bureau.
(2) The following sums, or so much thereof as may be necessary, are each appropriated: $1,673,000 from the state general fund for the fiscal year ending June 30, 2022; $3,114,000 from the state general fund for the fiscal year ending June 30, 2023; and $3,890,000, from the general fund-federal account for the fiscal biennium ending June 30, 2023. The amounts in this subsection are provided solely for the authority to implement clubhouse services in every region of the state.
(3) The following sums, or so much thereof as may be necessary, are each appropriated: $5,000,000 from the state general fund for the fiscal year ending June 30, 2022; and $7,500,000 from the state general fund for the fiscal year ending June 30, 2023. The amounts in this subsection are provided solely for the authority to implement the homeless outreach stabilization team program, pursuant to section 5(1) of this act.
(4) The following sums, or so much thereof as may be necessary, are each appropriated: $2,500,000 from the state general fund for the fiscal year ending June 30, 2022; and $2,500,000 from the state general fund for the fiscal year ending June 30, 2023. The amounts in this subsection are provided solely for the authority to expand efforts to provide opioid use disorder medication in city, county, regional, and tribal jails.
(5) The following sums, or so much thereof as may be necessary, are each appropriated: $500,000 from the state general fund for the fiscal year ending June 30, 2022; and $500,000 from the state general fund for the fiscal year ending June 30, 2023. The amounts in this subsection are provided solely for the authority to expand opioid treatment network programs for people with co-occurring opioid and stimulant use disorder.
(6) The following sums, or so much thereof as may be necessary, are each appropriated: $1,400,000 from the state general fund for the fiscal year ending June 30, 2022; and $1,400,000 from the state general fund for the fiscal year ending June 30, 2023. The amounts in this subsection are provided solely for behavioral health administrative service organizations to develop regional recovery navigator program plans pursuant to section 2 of this act and to establish positions focusing on regional planning to improve access to and quality of regional behavioral health services with a focus on integrated care.
(7) The following sums, or so much thereof as may be necessary, are each appropriated: $75,000 from the state general fund for the fiscal year ending June 30, 2022; and $75,000 from the state general fund for the fiscal year ending June 30, 2023. The amounts in this subsection are provided solely for the authority to contract with an organization with expertise in supporting efforts to increase access to and improve quality in recovery housing and recovery residences. This funding shall be used to increase recovery housing availability through partnership with private landlords, increase accreditation of recovery residences statewide, operate a grievance process for resolving challenges with recovery residences, and conduct a recovery capital outcomes assessment for individuals living in recovery residences.
(8) The following sums, or so much thereof as may be necessary, are each appropriated: $500,000 from the state general fund for the fiscal year ending June 30, 2022; and $500,000 from the state general fund for the fiscal year ending June 30, 2023. The amounts in this subsection are provided solely for the authority to provide short-term housing vouchers for individuals with substance use disorders.
(9) The following sums, or so much thereof as may be necessary, are each appropriated: $250,000 from the state general fund for the fiscal year ending June 30, 2022; and $250,000 from the state general fund for the fiscal year ending June 30, 2023. The amounts in this subsection are provided solely for the authority to issue grants for substance use disorder family navigator services.
(10) The following sums, or so much thereof as may be necessary, are each appropriated: $200,000 from the state general fund for the fiscal year ending June 30, 2022; and $200,000 from the state general fund for the fiscal year ending June 30, 2023. The amounts in this subsection are provided solely for the authority to convene and provide staff and contracted services support to the recovery oversight committee established in section 1 of this act.
(11) The following sums, or so much thereof as may be necessary, are each appropriated: $2,565,000 from the state general fund for the fiscal year ending June 30, 2022; and $2,565,000 from the state general fund for the fiscal year ending June 30, 2023. The amounts in this subsection are provided solely for staff and contracted services support for the authority to develop and implement the recovery services plan established in section 1 of this act and to carry out other requirements of this act. Within these amounts, funding is provided for the authority to:
(a) Establish an occupational nurse consultant position within the authority to provide contract oversight, accountability, performance improvement activities, and to ensure medicaid managed care organization plan compliance with provisions in law and contract related to care transitions work with local jails.
(b) Establish a position within the authority to create and oversee a program to initiate and support emergency department programs for inducing medications for patients with opioid use disorder paired with a referral to community-based outreach and case management programs.
NEW SECTION. Sec. 23. The appropriation in this section is provided to the administrative office of the courts and is subject to the following conditions and limitations:
The following sums, or so much thereof as may be necessary, are each appropriated: $2,250,000 from the state general fund for the fiscal year ending June 30, 2022; and $2,250,000 from the state general fund for the fiscal year ending June 30, 2023. The amounts in this subsection are provided solely to fund grants for therapeutic courts operated by municipalities and district courts. The administrative office of the courts must allocate grant funding based upon a formula established by the administrative office of the courts. The formula must distribute the grant funding equitably between those therapeutic courts located east of the crest of the Cascade mountains and those therapeutic courts located west of the crest of the Cascade mountains. Multiple jurisdictions served by a single municipal court or district court may apply for funds as a single entity. Local jurisdictions receiving grant funding for therapeutic courts must use funding to identify individuals before the courts with substance use disorders or other behavioral health needs and engage those individuals with community-based therapeutic interventions.
NEW SECTION. Sec. 24. The appropriation in this section is provided to the department of commerce and is subject to the following conditions and limitations:
The following sums, or so much thereof as may be necessary, are each appropriated: $500,000 from the state general fund for the fiscal year ending June 30, 2022; and $1,000,000 from the state general fund for the fiscal year ending June 30, 2023. The amounts in this subsection are provided solely for the department to provide grants for the operational costs of new staffed recovery residences which serve individuals with substance use disorders who require more support than a level 1 recovery residence.
NEW SECTION. Sec. 25. The appropriation in this section is provided to the criminal justice training commission and is subject to the following conditions and limitations:
The following sums, or so much thereof as may be necessary, are each appropriated: $150,000 from the state general fund for the fiscal year ending June 30, 2022; and $150,000 from the state general fund for the fiscal year ending June 30, 2023. The amounts in this subsection are provided solely for the commission to compensate trainer time to deliver the curriculum related to law enforcement interactions with persons with a substance use disorder pursuant to section 7 of this act.
NEW SECTION. Sec. 26. Sections 1 through 11 and 13 through 21 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. 27. Section 11 of this act expires July 1, 2022.
NEW SECTION. Sec. 28. Section 12 of this act takes effect July 1, 2022.
NEW SECTION. Sec. 29. Sections 8 through 10, 12, 15, and 16 of this act expire July 1, 2023.
NEW SECTION. Sec. 30. 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."
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