AN ACT Relating to sentencing reform; amending RCW 9.94A.030, 9.94A.040, 9.94A.070, 9.94A.120, 9.94A.190, 9.94A.310, 9.94A.320, 9.94A.330, 9.94A.360, 9.94A.370, 9.94A.390, 9.94A.400, 9.94A.440, 9A.44.070, and 13.50.050; repealing RCW 9.94A.300 and 9.94A.410; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 3, chapter 137, Laws of 1981 as last amended by section 3, chapter 209, Laws of 1984 and RCW 9.94A.030 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Commission" means the sentencing guidelines commission.

(2) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

(3) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.

(4) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed pursuant to this chapter by a court. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5).

(5) "Confinement" means total or partial confinement as defined in this section.

(6) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

(7) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.

(8) (a) "Criminal history" means the list of a defendant's prior convictions, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.

(b) "Criminal history" includes a defendant's prior convictions ((~~or pleas of guilty~~)) in juvenile court if: (i) The ((~~guilty plea or~~)) conviction was for an offense which is a felony and is criminal history as defined in RCW 13.40.020(6)(a); ((~~and~~)) (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies, the defendant ((~~had not reached his or her twenty-third birthday~~)) was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed.

(9) "Department" means the department of corrections.

(10) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a fine or restitution. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

(11) "Drug offense" means any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)).

(12) "Escape" means escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), wilful failure to return from furlough (RCW 72.66.060), or wilful failure to return from work release (RCW 72.65.070).

(13) "Felony traffic offense" means vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), or felony hit-and-run injury-accident (RCW 46.52.020(4)).

(14) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.

((~~(12)~~)) (15) "First-time offender" means any person convicted of a felony not classified as a violent offense under this chapter, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.

((~~(13)~~)) (16) "Nonviolent offense" means an offense which is not a violent offense.

(17) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

((~~(14)~~)) (18) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, for a substantial portion of each day with the balance of the day spent in the community.

((~~(15)~~)) (19) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.

((~~(16)~~)) (20) "Serious traffic offense" means driving while intoxicated (RCW 46.61.502), actual physical control while intoxicated (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)).

(21) "Serious violent offense" is a subcategory of violent offense and means murder in the first degree, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree.

(22) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

((~~(17)~~)) (23) "Sex offense" means a felony which is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or which is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes.

(24) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

((~~(18)~~)) (25) "Violent offense" means:

(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, rape in the second degree, kidnapping in the second degree, arson in the second degree, assault in the second degree, extortion in the first degree, robbery in the second degree, ((~~and~~)) vehicular homicide, and vehicular assault;

(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in subsection ((~~(18)~~)) (25)(a) of this section; and

(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under subsection ((~~(18)~~)) (25)(a) or (b) of this section.

Sec. 2. Section 4, chapter 137, Laws of 1981 as amended by section 2, chapter 192, Laws of 1982 and RCW 9.94A.040 are each amended to read as follows:

(1) A sentencing guidelines commission is established as an agency of state government.

(2) The commission shall, following a public hearing or hearings:

(a) Devise a series of recommended standard sentence ranges for all felony offenses and a system for determining which range of punishment applies to each offender based on the extent and nature of the offender's criminal history, if any;

(b) Devise recommended prosecuting standards in respect to charging of offenses and plea agreements; and

(3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community service, and a fine.

(4) In devising the standard sentence ranges of total and partial confinement under this section, the commission is subject to the following limitations:

(a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;

(b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range; and

(c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.020.

(5) In carrying out its duties under subsection (2) of this section, the commission shall give consideration to the existing guidelines adopted by the association of superior court judges and the Washington association of prosecuting attorneys and the experience gained through use of those guidelines. The commission shall emphasize confinement for the violent offender and alternatives to total confinement for the nonviolent offender.

(6) This commission shall conduct a study to determine the capacity of correctional facilities and programs which are or will be available. While the commission need not consider such capacity in arriving at its recommendations, the commission shall project whether the implementation of its recommendations would result in exceeding such capacity. If the commission finds that this result would probably occur, then the commission shall prepare an additional list of standard sentences which shall be consistent with such capacity.

(7) ((By January 10, 1983, the commission shall recommend its standard sentence ranges and standards to the legislature by providing the recommendations to the chief clerk of the house of representatives and secretary of the senate. If the commission has prepared an additional list of standard sentence ranges, as provided under subsection (6) of this section, then the commission shall include such list along with its recommendations.

~~(8) Every two years,~~)) The commission may recommend to the legislature revisions or modifications to the standard sentence ranges and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity.

((~~(9)~~)) (8) The commission shall study the existing criminal code and from time to time make recommendations to the legislature for modification.

((~~(10)~~)) (9) The commission shall exercise its duties under this section in conformity with chapter 34.04 RCW, as now existing or hereafter amended.

Sec. 3. Section 7, chapter 137, Laws of 1981 and RCW 9.94A.070 are each amended to read as follows:

(((1) At its regular session convening in 1983, the legislature shall enact laws approving or modifying either the standards recommended by the commission, or the additional list of standard sentence ranges consistent with prison capacity in the event an additional list has been submitted pursuant to RCW 9.94A.040(6). The standards so adopted shall take effect on July 1, 1984.

~~(2)~~)) Revisions or modifications of standard sentence ranges or other standards, together with any additional list of standard sentence ranges, shall be submitted to the legislature at least every two years ((~~and shall become effective as provided under subsection (1) of this section on July first of the year in which they are submitted~~)).

Sec. 4. Section 12, chapter 137, Laws of 1981 as last amended by section 6, chapter 209, Laws of 1984 and RCW 9.94A.120 are each amended to read as follows:

When a person is convicted of a felony, the court shall impose punishment as provided in this section.

(1) Except as authorized in subsections (2) ((~~and~~)), (5), and (7) of this section, the court shall impose a sentence within the sentence range for the offense.

(2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

(3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.

(4) 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. An offender convicted of the crime of assault 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. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than three years, and shall not be eligible for furlough, work release or other authorized leave of absence from the correctional facility during such minimum three year term except for the purpose of commitment to an inpatient treatment facility. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section.

(5) In sentencing a first-time offender, other than a person convicted of a violation of chapter 9A.44 RCW or RCW 9A.64.020, the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

(a) Devote time to a specific employment or occupation;

(b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense;

(d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer of any change in the offender's address or employment;

(e) Report as directed to the court and a community corrections officer; or

(f) Pay a fine, make restitution, and/or accomplish some community service work.

(6) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, restitution, a term of community supervision not to exceed one year, and/or a fine. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

(7) (a) When an offender is convicted of ((~~any~~)) a sex offense other than a violation of ((~~chapter 9A.44 RCW or RCW 9A.64.020 except~~)) RCW 9A.44.040 or RCW 9A.44.050 and has no prior convictions ((~~of chapter 9A.44 RCW, RCW 9A.64.020,~~)) for a sex offense or any other felony sexual offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

After receipt of the reports, the court shall then determine whether the offender and the community will benefit from use of this special sexual offender sentencing alternative. If the court determines that both the offender and the community will benefit from use of this provision, the court shall then impose a sentence within the sentence range and, if this sentence is less than six years of confinement, the court may suspend the execution of the sentence and place the offender on community supervision for up to two years. As a condition of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:

(i) Devote time to a specific employment or occupation;

(ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment;

(iii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer of any change in the offender's address or employment;

(iv) Report as directed to the court and a community corrections officer;

(v) Pay a fine, make restitution, accomplish some community service work, or any combination thereof; or

(vi) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime.

If the offender violates these sentence conditions the court may revoke the suspension and order execution of the sentence. All confinement time served during the period of community supervision shall be credited to the offender if the suspended sentence is revoked.

(b) When an offender is convicted of any felony sexual offense and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, order the offender committed for up to thirty days to the custody of the secretary of the department of social and health services at the Eastern State Hospital or the Western State Hospital for evaluation and report to the court on the offender's amenability to treatment at these facilities. If the secretary of the department of social and health services cannot begin the evaluation within thirty days of the court's order of commitment, the offender shall be transferred to the state for confinement pending an opportunity to be evaluated at the appropriate facility. The court shall review the reports and may order that the term of confinement imposed be served in a secure facility in the sexual offender treatment programs at Western State Hospital or Eastern State Hospital((~~, as determined by the secretary of the department of social and health services~~)). The secretary of the department of corrections shall determine which facilities are secure, and the secretary of the department of social and health services shall determine which secure facility, if any, at Western State Hospital or Eastern State Hospital shall be used for confinement. The offender shall be transferred to the state pending placement in the treatment program.

If the offender does not comply with the conditions of the treatment program, the secretary of the department of social and health services may refer the matter to the sentencing court for determination as to whether the offender shall be transferred to the department of corrections to serve the balance of his term of confinement.

If the offender successfully completes the treatment program before the expiration of his term of confinement, the court may convert the balance of confinement to community supervision and may place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

(i) Devote time to a specific employment or occupation;

(ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer of any change in the offender's address or employment;

(iii) Report as directed to the court and a community corrections officer;

(iv) Undergo available outpatient treatment.

If the offender violates any of the terms of his community supervision, the court may order the offender to serve out the balance of his community supervision term in confinement in the custody of the department of corrections.

(8) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.

(9) If a sentence imposed includes a fine or restitution, the sentence shall specify a reasonable manner and time in which the fine or restitution shall be paid. In any sentence under this chapter the court may also require the offender to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary (a) to pay court costs, including reimbursement of the state for costs of extradition if return to this state by extradition was required, (b) to make recoupment of the cost of defense attorney's fees if counsel is provided at public expense, (c) to contribute to a county or interlocal drug fund, and (d) to make such other payments as provided by law. All monetary payments shall be ordered paid by no later than ten years after the date of the judgment of conviction.

(10) Except as provided under RCW 9.94A.140(1), a court may not impose a sentence providing for a term of confinement or community supervision which exceeds the statutory maximum for the crime as provided in RCW 9A.20.020.

(11) All offenders sentenced to terms involving community supervision, community service, restitution, or fines shall be under the supervision of the secretary of the department or such person as the secretary may designate and shall follow implicitly the instructions of the secretary including reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, and notifying the community corrections officer of any change in the offender's address or employment.

(12) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

(13) A departure from the standards in RCW 9.94A.400(1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210(2) through (6).

Sec. 5. Section 19, chapter 137, Laws of 1981 as amended by section 10, chapter 209, Laws of 1984 and RCW 9.94A.190 are each amended to read as follows:

(1) A sentence that includes a term or terms of confinement totaling more than one year shall be served in a facility or institution operated, or utilized under contract, by the state. Except as provided for in subsection (3) of this section, a sentence of not more than one year of confinement shall be served in a facility operated, licensed, or utilized under contract, by the county.

(2) If a county uses a state partial confinement facility for the partial confinement of a person sentenced to confinement for not more than one year, the county shall reimburse the state for the use of the facility as provided for in this subsection. The office of financial management shall set the rate of reimbursement based upon the average per diem cost per offender in the facility. The office of financial management shall determine to what extent, if any, reimbursement shall be reduced or eliminated because of funds provided by the legislature to the department of corrections for the purpose of covering the cost of county use of state partial confinement facilities. The office of financial management shall reestablish reimbursement rates each even-numbered year.

(3) A person who is sentenced for a felony to a term of not more than one year, and who is committed or returned to incarceration in a state facility on another felony conviction, either under the indeterminate sentencing laws, chapter 9.95 RCW, or under this chapter shall serve all terms of confinement, including a sentence of not more than one year, in a facility or institution operated, or utilized under contract, by the state, consistent with the provisions of RCW 9.94A.400.

Sec. 6. Section 2, chapter 115, Laws of 1983 as amended by section 16, chapter 209, Laws of 1984 and RCW 9.94A.310 are each amended to read as follows:

!ix(1)

!ae0 TABLE 1

Sentencing Grid

@h0!tm1,1,1,1,1,1,1,1,1,1,1 SERIOUSNESS

@lb SCORE!tj6!tcOFFENDER!sc ,1SCORE

!tj10!tc9

!tj1!tc0!tc1!tc2!tc3!tc4!tc5!tc6!tc7!tc8!tcor!sc ,1more

!w-

@h1 XIV!tj1!tcLife Sentence without Parole/Death Penalty

!w-

XIII!tj1!tc23y4m!tc24y4m!tc25y4m!tc26y4m!tc27y4m!tc28y4m!tc30y4m!tr32 y10m !tc36y!tc40y

!tj1!tc240 -!tc250 -!tc261 -!tc271 -!tc281 -!tc291 -!tc312 -!tc338 -!tc370 -!tc411 -

!tj1!tc320!tc333!tc347!tc361!tc374!tc388!tc416!tc450!tc493!tc548

!w-

XII!tj1!tc12y!tc13y!tc14y!tc15y!tc16y!tc17y!tc19y!tc21y!tc25y!Tc29y

!tj1!tc123 -!tc134 -!tc144 -!tc154 -!tc165 -!tc175 -!tc195 -!tc216 -!tc257 -!tc298 -

!tj1!tc164!tc178!tc192!tc205!tc219!tc233!tc260!tc288!tc342!tc397

!w-

XI!tj1!tc6y!tc6y9m!tc7y6m!tc8y3m!tc9y!tc9y9m!tc12y6m!tc13y6m!tc15y6m! tc17y6m

!tj1!tc62 -!tc69 -!tc77 -!tc85 -!tc93 -!tc100 -!tc129 -!tc139 -!tc159 -!tc180 -

!tj1!tc82!tc92!tc102!tc113!tc123!tc133!tc171!tc185!tc212!tc240

!w-

X!tj1!tc5y!tc5y6m!tc6y!tc6y6m!tc7y!tc7y6m!tc9y6m!tc10y6m!tc12y6m!tc14 y6m

!tj1!tc51 -!tc57 -!tc62 -!tc67 -!tc72 -!tc77 -!tc98 -!tc108 -!tc129 -!tc149 -

!tj1!tc68!tc75!tc82!tc89!tc96!tc102!tc130!tc144!tc171!tc198

!w-

IX!tj1!tc3y!tc3y6m!tc4y!tc4y6m!tc5y!tc5y6m!tc7y6m!tc8y6m!tc10y6m!tc12 y6m

!tj1!tc31 -!tc36 -!tc41 -!tc46 -!tc51 -!tc57 -!tc77 -!tc87 -!tc108 -!tc129 -

!tj1!tc41!tc48!tc54!tc61!tc68!tc75!tc102!tc116!tc144!tc171

!w-

VIII!tj1!tc2y!tc2y6m!tc3y!tc3y6m!tc4y!tc4y6m!tc6y6m!tc7y6m!tc8y6m!tc1 0y6m

!tj1!tc21 -!tc26 -!tc31 -!tc36 -!tc41 -!tc46 -!tc67 -!tc77 -!tc87 -!tc108 -

!tj1!tc27!tc34!tc41!tc48!tc54!tc61!tc89!tc102!tc116!tc144

!w-

VII!tj1!tc18m!tc2y!tc2y6m!tc3y!tc3y6m!tc4y!tc5y6m!tc6y6m!tc7y6m!tc8y6 m

!tj1!tc15 -!tc21 -!tc26 -!tc31 -!tc36 -!tc41 -!tc57 -!tc67 -!tc77 -!tc87 -

!tj1!tc20!tc27!tc34!tc41!tc48!tc54!tc75!tc89!tc102!tc116

!w-

VI!tj1!tc13m!tc18m!tc2y!tc2y6m!tc3y!tc3y6m!tc4y6m!tc5y6m!tc6y6m!tc7y6 m

!tj1!tc12+ -!tc15 -!tc21 -!tc26 -!tc31 -!tc36 -!tc46 -!tc57 -!tc67 -!tc77 -

!tj1!tc14!tc20!tc27!tc34!tc41!tc48!tc61!tc75!tc89!tc102

!w-

V!tj1!tc9m!tc13m!tc15m!tc18m!tc2y2m!tc3y2m!tc4y!tc5y!tc6y!tc7y

!tj1!tc6 -!tc12+ -!tc13 -!tc15 -!tc22 -!tc33 -!tc41 -!tc51 -!tc62 -!tc72 -

!tj1!tc12!tc14!tc17!tc20!tc29!tc43!tc54!tc68!tc82!tc96

!w-

IV!tj1!tc6m!tc9m!tc13m!tc15m!tc18m!tc2y2m!tc3y2m!tc4y2m!tc5y2m!tc6y2m

!tj1!tc3 -!tc6 -!tc12+ -!tc13 -!tc15 -!tc22 -!tc33 -!tc43 -!tc53 -!tc63 -

!tj1!tc9!tc12!tc14!tc17!tc20!tc29!tc43!tc57!tc70!tc84

!w-

III!tj1!tc2m!tc5m!tc8m!tc11m!tc14m!tc20m!tc2y2m!tc3y2m!tc4y2m!tc5y

!tj1!tc1 -!tc3 -!tc4 -!tc9 -!tc12+ -!tc17 -!tc22 -!tc33 -!tc43 -!tc51 -

!tj1!tc3!tc8!tc12!tc12!tc16!tc22!tc29!tc43!tc57!tc68

!w-

II!tj1!tc!tc4m!tc6m!tc8m!tc13m!tc16m!tc20m!tc2y2m!tc3y2m!tc4y2m

!tj1!tc0!sc-,00190!tc2 -!tc3 -!tc4 -!tc12+ -!tc14 -!tc17 -!tc22 -!tc33 -!tc43 -

!tj1!tcDays!tc6!tc9!tc12!tc14!tc18!tc22!tc29!tc43!tc57

!w-

I!tj1!tr!tr!tc3m!tc4m!tc5m!tc8m!tc13m!tc16m!tc20m!tc2y2m

!tj1!tr0-60!tr0-90!tc2 -!tc2 -!tc3 -!tc4 -!tc12+ -!tc14 -!tc17 -!tc22 -

!tj1!tcDays!tcDays!tc5!tc6!tc8!tc12!tc14!tc18!tc22!tc29

!w-

@h3 !ixNOTE:!sc ,2Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.

(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.

(3) The following additional times shall be added to the presumptive sentence if the offender or an accomplice was armed with a deadly weapon as defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice was armed with a deadly weapon and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive range determined under subsection (2) of this section:

!ix!il2,1!ih3,2(a) 24!sc ,1months ((()) for Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), or Kidnapping 1(())) (RCW 9A.40.020)

(b) 18!sc ,1months ((()) for Burglary 1(())) (RCW 9A.52.020)

(c) 12!sc ,1months ((()) for Assault 2 (RCW 9A.36.020), Escape 1 (RCW 9A.76.110), Kidnapping 2 (RCW 9A.40.030), Burglary 2 of a building other than a dwelling (RCW 9A.52.030), ((~~Delivery or Possession of a controlled substance with intent to deliver)~~)) or any drug offense

!ix@la

Sec. 7. Section 3, chapter 115, Laws of 1983 as amended by section 17, chapter 209, Laws of 1984 and RCW 9.94A.320 are each amended to read as follows:

TABLE 2

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

@lb!ix!tu5,10!ih12 !trXIV!tlAggravated Murder 1 (RCW 10.95.020)

!trXIII!tlMurder 1 (RCW 9A.32.030)

!trXII!tlMurder 2 (RCW 9A.32.050)

!trXI!tlAssault 1 (RCW 9A.36.010)

!trX!tlKidnapping 1 (RCW 9A.40.020)

!tj1!tlRape 1 (RCW 9A.44.040)

!tj1!tlDamaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))

!tj1!tlOver 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 and 3 years junior (RCW 69.50.406)

!tj1!tlLeading Organized Crime (RCW 9A.82.060)

!trIX!tlRobbery 1 (RCW 9A.56.200)

!tj1!tlManslaughter 1 (RCW 9A.32.060)

!tj1!tlStatutory Rape 1 (RCW 9A.44.070)

!tj1!tl((~~Employing, using, or permitting minor to engage in sexually explicit conduct for commercial use (RCW 9.68A.020)~~))

!tj1!tlExplosive devices prohibited (RCW 70.74.180)

!tj1!tlEndangering life and property by explosives with threat to human being (RCW 70.74.270)

!tj1!tlOver 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

!tj1!tlSexual Exploitation, Under 16 (RCW 9.68A.040(2)(a))

!trVIII!tlArson 1 (RCW 9A.48.020)

!tj1!tlRape 2 (RCW 9A.44.050)

!tj1!tlPromoting Prostitution 1 (RCW 9A.88.070)

!tj1!tlSelling heroin for profit (RCW 69.50.410)

!trVII!tlBurglary 1 (RCW 9A.52.020)

!tj1!tl Vehicular Homicide (RCW 46.61.520)

!tj1!tlIntroducing Contraband 1 (RCW 9A.76.140)

!tj1!tlStatutory Rape 2 (RCW 9A.44.080)

!tj1!tlIndecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

!tj1!tl((~~Sending, bringing into the state, possessing, publishing, printing, etc., obscene matter involving minor engaged in sexually explicit conduct (RCW 9.68A.030)~~))

!tj1!tlSexual Exploitation, Under 18 (RCW 9.68A.040(2)(b))

!tj1!tlDealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

!tj1!tlSending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

!trVI!tlBribery (RCW 9A.68.010)

!tj1!tlManslaughter 2 (RCW 9A.32.070)

!tj1!tlIntimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

!tj1!tlDamaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))

!tj1!tlEndangering life and property by explosives with no threat to human being (RCW 70.74.270)

!tj1!tlIndecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

!tj1!tlIncest 1 (RCW 9A.64.020(1))

!tj1!tlSelling for profit (controlled or counterfeit) any controlled substance (except heroin) (RCW 69.50.410)

!tj1!tlManufacture, deliver, or possess with intent to deliver heroin or narcotics from Schedule I or II (RCW 69.50.401(a)(1)(i))

!trV !tlRape 3 (RCW 9A.44.060)

!tj1!tlKidnapping 2 (RCW 9A.40.030)

!tj1!tlExtortion 1 (RCW 9A.56.120)

!tj1!tlIncest 2 (RCW 9A.64.020(2))

!tj1!tlPerjury 1 (RCW 9A.72.020)

!tj1!tlExtortionate Extension of Credit (RCW 9A.82.020)

!tj1!tlAdvancing money or property for extortionate extension of credit (RCW 9A.82.030)

!tj1!tlExtortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

!tj1!tlKnowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

!tj1!tlRendering Criminal Assistance 1 (RCW 9A.76.070)

!trIV!tlRobbery 2 (RCW 9A.56.210)

!tj1!tlAssault 2 (RCW 9A.36.020)

!tj1!tlEscape 1 (RCW 9A.76.110)

!tj1!tlArson 2 (RCW 9A.48.030)

!tj1!tlBribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

!tj1!tlMalicious Harassment (RCW 9A.36.080)

!tj1!tlWilful Failure to Return from Furlough (RCW 72.66.060)

!tj1!tlHit and Run -- Injury Accident (RCW 46.52.020(4))

!tj1!tlVehicular Assault (RCW 46.61.522)

!tj1!tlManufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana) (RCW 69.50.401(a)(1)(ii) through (iv))

!tj1!tlRecklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

!tj1!tlInfluencing Outcome of Sporting Event (RCW 9A.82.070)

!tj1!tlUse of Proceeds of Racketeering or Collection of Unlawful Debt (RCW 9A.82.080 (1) and (2))

!trIII !tlStatutory Rape 3 (RCW 9A.44.090)

!tj1!tlExtortion 2 (RCW 9A.56.130)

!tj1!tlUnlawful Imprisonment (RCW 9A.40.040)

!tj1!tlAssault 3 (RCW 9A.36.030)

!tj1!tlUnlawful possession of firearm or pistol by felon (RCW 9.41.040)

!tj1!tlPromoting Prostitution 2 (RCW 9A.88.080)

!tj1!tlIntroducing Contraband 2 (RCW 9A.76.150)

!tj1!tl((~~Communicating~~)) Communication with a Minor for Immoral Purposes (RCW ((~~9A.44.110)~~)) 9.68A.090)

!tj1!tlPatronizing a Juvenile Prostitute (RCW 9.68A.100)

!tj1!tlEscape 2 (RCW 9A.76.120)

!tj1!tlPerjury 2 (RCW 9A.72.030)

!tj1!tlIntimidating a Public Servant (RCW 9A.76.180)

!tj1!tlTampering with a Witness (RCW 9A.72.120)

!tj1!tlManufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))

!trII!tlMalicious Mischief 1 (RCW 9A.48.070)

!tj1!tlPossession of Stolen Property 1 (RCW 9A.56.150)

!tj1!tlTheft 1 (RCW 9A.56.030)

!tj1!tlTheft of Livestock (RCW 9A.56.080)

!tj1!tl((~~Welfare Fraud (RCW 74.08.331)~~))

!tj1!tlBurglary 2 (RCW 9A.52.030)

!tj1!tlPossession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))

!tj1!tlCreate, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

!tj1!tlComputer Trespass 1 (RCW 9A.52.110)

!trI!tlTheft 2 (RCW 9A.56.040)

!tj1!tlPossession of Stolen Property 2 (RCW 9A.56.160)

!tj1!tlForgery (RCW 9A.60.020)

!tj1!tl((~~Auto Theft (Taking and Riding)~~)) Taking Motor Vehicle Without Permission (RCW 9A.56.070)

!tj1!tlVehicle Prowl 1 (RCW 9A.52.095)

!tj1!tl((~~Eluding~~)) Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

!tj1!tlMalicious Mischief 2 (RCW 9A.48.080)

!tj1!tlReckless Burning 1 (RCW 9A.48.040)

!tj1!tlUnlawful Issuance of ((~~Bank~~)) Checks or Drafts (RCW 9A.56.060)

!tj1!tlFalse Verification for Welfare (RCW 74.08.055)

!tj1!tlForged prescription (RCW 69.41.020)

!tj1!tlPossess controlled substance that is a narcotic from Schedule III, IV, or V or non-narcotic from Schedule I-V (RCW 69.50.401(d))

!ix@la

Sec. 8. Section 4, chapter 115, Laws of 1983 as amended by section 18, chapter 209, Laws of 1984 and RCW 9.94A.330 are each amended to read as follows:

@bv@lb TABLE 3

OFFENDER SCORE MATRIX

!tm2,1,1,1,1,1!tj3!tcPrior!sc ,1Adult!sc ,1Convictions

(Score prior convictions for

felony anticipatory crimes

(attempts, criminal solicitations,

and criminal conspiracies) the

same as for the completed crime.)

@h0!tm2,1,1,1,1,1 !tj1!tc@p1Serious!tcBurglary!tcOther!tcVehicular

@p0 Current!tj1!tc@p1Violent!tc1!tcViolent!tcHomi-!tcEscape

Offenses!tj4!tccide

@h1@p0 Serious Violent!tj1!tl3!tl2!tl2!tl2!tl1

Burglary 1!tj1!tl2!tl2!tl2!tl2!tl1

Other Violent!tj1!tl2!tl2!tl2!tl2!tl1

((~~Vehicular~~

~~!sc ,1Homicide!tj1!tl0!tl0!tl0!tl2!tl0~~))

Felony Traffic!tj1!tl1!tl1!tl1!tl2!tl1

Escape!tj1!tl0!tl0!tl0!tl0!tl1

Burglary 2!tj1!tl1!tl2!tl1!tl1!tl1

Other

!sc ,1Non-Violent!tj1!tl1!tl1!tl1!tl1!tl1

Drug!tj1!tl1!tl1!tl1!tl1!tl1

@h3 @h0@lb!tm2,1,1,1,1,1 !tj1!tc@p1Burglary!tcOther!tcSerious!tcOther!tcDrug

@p0 Current!tj1!tc@p12!tcFelony!tcTraffic!tcNon-

Offenses!tj2!tcTraffic!tj1!tcViolent

@h1@p0 Serious Violent!tj1!tl1!tl1!tl0!tl1!tl1

Burglary 1!tj1!tl2!tl1!tl0!tl1!tc1

Other Violent!tj1!tl1!tl1!tl0!tl1!tc1

((~~Vehicular~~

~~!sc ,1Homicide!tj1!tl0!tl1!tl1!tl0!tl0~~))

Felony Traffic!tj1!tl1!tl1!tl1!tl1!tl0

Escape!tj1!tl0!tl0!tl0!tl0!tl0

Burglary 2!tj1!tl2!tl1!tl0!tl1!tl1

Other

!sc ,1Non-Violent!tj1!tl1!tl1!tl0!tl1!tl1

Drug!tj1!tl1!tl1!tl0!tl1!tl2

@h3 !tm2,1,1,1,1,1!tj3!tcPrior!sc ,1Juvenile!sc ,1Convictions

(Score prior convictions for

felony anticipatory crimes

(attempts, criminal solicitations,

and criminal conspiracies) the

same as for the completed crime.)

@h0!tm2,1,1,1,1,1 !tj1!tc@p1Serious!tcBurglary!tcOther!tcVehicular

@p0 Current!tj1!tc@p1Violent!tc1!tcViolent!tcHomi-!tcEscape

Offenses!tj4!tccide

@h1@p0 Serious Violent!tj1!tl3!tl2!tl2!tl2!tl1/2

Burglary 1!tj1!tl2!tl2!tl2!tl2!tl1/2

Other Violent!tj1!tl2!tl2!tl2!tl2!tl1/2

((~~Vehicular~~

~~!sc ,1Homicide!tj1!tl0!tl0!tl0!tl2!tl0~~))

Felony!sc ,1Traffic!tj1!tl1/2!tl1/2!tl1/2!tl2!tl1/2

Escape!tj1!tl0!tl0!tl0!tl0!tl1/2

Burglary 2!tj1!tc1/2!tl2!tc1/2!tl1/2!tl1/2

Other

!sc ,1Non-Violent!tj1!tl1/2!tl1/2!tl1/2!tl1/2!tl1/2

Drug!tj1!tl1/2!tl1/2!tl1/2!tl1/2!tl1/2

@h3 @h0@lb!tm2,1,1,1,1,1 !tj1!tc@p1Burglary!tcOther!tcSerious!tcOther!tcDrug

@p0 Current!tj1!tc@p12!tcFelony!tcTraffic!tcNon-

Offenses!tj2!tcTraffic!tj1!tcViolent

@h1@p0 Serious Violent!tj1!tl 1/2!tl1/2!tl0!tl1/2!tl1/2

Burglary 1!tj1!tl1!tl1/2!tl0!tl1/2!tl1/2

Other Violent!tj1!tl1/2!tl1/2!tl0!tl1/2!tl1/2

((~~Vehicular~~

~~!sc ,1Homicide!tj1!tl0!tl1/2!tl1/2!tl0!tl0~~))

Felony Traffic!tj1!tl1/2!tl1/2!tl1/2!tl1/2!tl1/2

Escape!tj1!tl0!tl0!tl0!tl0!tl0

Burglary 2!tj1!tl1!tl1/2!tl0!tl1/2!tl1/2

Other

!sc ,1Non-Violent!tj1!tl1/2!tl1/2!tl0!tl1/2!tl1/2

Drug!tj1!tl1/2!tl1/2!tl0!tl1/2!tl1

@h3 ((~~Definitions:!sc ,2!il*,1!ih2,2Serious Violent: Murder 1, Murder 2, Assault 1, Kidnapping 1, Rape 1~~

~~Escape: Escape 1, Escape 2, Willful Failure to Return From Work Release or Furlough~~

~~Serious Traffic: Driving While Intoxicated, Actual Physical Control, Reckless Driving, Hit-and-Run~~

~~Felony Traffic: Felony Hit-and-Run, Vehicular Assault, Attempting to Elude a Police Officer~~

~~Drug: All felony violations of chapter 69.50 RCW except possession of a controlled substance~~))

!ix@la

Sec. 9. Section 7, chapter 115, Laws of 1983 as amended by section 19, chapter 209, Laws of 1984 and RCW 9.94A.360 are each amended to read as follows:

The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules ((~~are~~)), partially summarized in Table 3, RCW 9.94A.330, are as follows:

The offender score is ((~~computed in the following way:~~)) the sum of points accrued under subsections (1) through (13) of this section rounded down to the nearest whole number.

(1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.400.

(2) Except as provided in subsections (3) and (12) of this section, class A prior felony convictions shall always be included in the offender score. Class B prior felony convictions shall not be included in the offender score if the offender has spent ten years in the community and has not been convicted of any felonies since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence. Class C prior felony convictions shall not be included in the offender score if the offender has spent five years in the community and has not been convicted of any felonies since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence. Serious traffic convictions shall not be included in the offender score if the offender spent five years in the community and has not been convicted of any serious traffic or felony traffic offense since the last date of release from confinement (including full-time residential treatment) pursuant to a felony or serious traffic conviction, if any, or entry of judgment and sentence. This subsection applies to both adult and juvenile prior convictions. Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law.

(3) Include class A juvenile felonies only if the offender was 15 or older at the time the juvenile offense was committed. Include class B and C juvenile felony convictions only if the offender was 15 or older at the time the juvenile offense was committed and the offender was less than 23 at the time the offense for which he or she is being sentenced was committed.

((~~(2)~~)) (4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.

(5) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:

(a) Prior adult offenses which were found, under RCW 9.94A.400(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score;

(b) Juvenile prior convictions entered or sentenced on the same date shall count as one offense, the offense that yields the highest offender score; and

(c) In the case of multiple prior convictions for offenses committed prior to July 1, 1985, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. The conviction for the offense that yields the highest offender score is used.

(6) If the present conviction is for a nonviolent offense and not covered by subsection (11), (12), or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and 1/2 point for each juvenile prior nonviolent felony conviction.

(7) If the present conviction is for a violent offense and not covered in subsection (8), (9), (10), or (11) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.

(8) If the present conviction is for Murder 1 or 2, Assault 1, Kidnaping 1, or Rape 1, count three points for prior adult and juvenile convictions for crimes in these categories, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.

((~~(3)~~)) (9) If the present conviction is for Burglary 1, count prior((s)) convictions as in subsection ((~~(5)~~)) (7) of this section; however count two points for each prior adult Burglary 2 conviction, and one point for each prior juvenile Burglary 2 conviction.

((~~(4)~~)) (10) If the present conviction is for ((~~Vehicular Homicide, only~~)) a felony traffic offense count ((~~the following crimes as part of the offender score:~~)) two points for each adult or juvenile prior conviction for Vehicular Homicide((, Vehicular Assault, Felony Hit and Run (RCW 46.52.020(4)), Hit and Run (RCW 46.52.020(5)), Driving While Intoxicated (RCW 46.61.502), Actual Physical Control (RCW 46.61.504), Reckless Driving (RCW 46.61.500), Attempting to Elude a Police Officer (RCW 46.61.500). Count two points for each adult or juvenile Vehicular Homicide conviction, one point for each other adult felony traffic or serious traffic conviction, and 1/2 point for each other juvenile felony traffic or serious traffic conviction.

(5) If the present conviction is for a violent offense and not covered in subsections (2), (3), (4), or (8) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction)); count one point for each adult, and 1/2 point for each juvenile, prior conviction for each other felony offense or serious traffic offense.

((~~(6)~~)) (11) If the present conviction is for a drug offense count two points for each adult prior felony drug offense conviction and one point for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (7) of this section if the current drug offense is violent, or as in subsection (6) of this section if the current drug offense is nonviolent.

(12) If the present conviction is for escape (Escape 1, RCW 9A.76.110; Escape 2, RCW 9A.76.120; Willful Failure to Return from Furlough, RCW 72.66.060; and Willful Failure to Return from Work Release, RCW 72.65.070), count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as 1/2 point.

((~~(7)~~)) (13) If the present conviction is for Burglary 2, count priors as in subsection ((~~(9)~~)) (6) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 conviction, and one point for each juvenile prior Burglary 2 conviction.

(((8) If the present conviction is for a violation of chapter 69.50 RCW, except for possession of a controlled substance (RCW 69.50.401(d)), count two points for each adult prior felony drug conviction (chapter 69.50 RCW, except RCW 69.50.401(d)), and one point for each juvenile drug conviction. All other adult and juvenile felonies are scored as in subsection (5) of this section if the current drug conviction is violent, or as in subsection (9) of this section if the current drug conviction is nonviolent.

(9) If the present conviction is for a nonviolent offense and not covered by subsection (6), (7), or (8) of this section, count one point for each prior adult felony conviction and one point for each prior juvenile violent felony conviction and 1/2 point for each prior juvenile nonviolent felony.

~~(10) For all offender scores, the fractional totals shall be rounded down to the nearest whole number.~~

(11) In the case of multiple prior convictions for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. The conviction for the offense that yields the highest offender score is used.

(12) Class A prior felony convictions are always included in the offender score. Class B prior felony convictions are not included if the offender has spent ten years in the community and has not been convicted of any felonies since the last date of release from confinement pursuant to a felony conviction (including full-time residential treatment), if any, or entry of judgment and sentence. Class C prior felony convictions and serious traffic convictions as defined in RCW 9.94A.330 are not included if the offender has spent five years in the community and has not been convicted of any felonies since the last date of release from confinement pursuant to a felony conviction (including full-time residential treatment), if any, or entry of judgment and sentence. This subsection applies to both adult and juvenile prior convictions.

~~The designation of out-of-state convictions shall be covered by the offense definitions and sentences provided by Washington law.~~

~~The offender score is the sum of points accrued under subsections (1) through (12) of this section.~~))

Sec. 10. Section 8, chapter 115, Laws of 1983 as amended by section 20, chapter 209, Laws of 1984 and RCW 9.94A.370 are each amended to read as follows:

(1) The intersection of the column defined by the offender score and the row defined by the offense seriousness score determines the presumptive sentencing range (see RCW 9.94A.310, (Table 1)). The additional time for deadly weapon findings shall be added to the entire presumptive sentence range. The court may impose any sentence within the range that it deems appropriate. All presumptive sentence ranges are expressed in terms of total confinement.

(2) In determining any sentence, the trial court may ((~~use~~)) rely on no more information than is admitted by the plea agreement, ((~~and~~)) or admitted ((~~to or~~)), acknowledged, or proved in a trial or at the time of sentencing. Acknowledgement includes not objecting to information stated in the presentence reports. Where the defendant disputes material facts, the court must either not consider the fact or grant an evidentiary hearing on the point. The ((~~real~~)) facts shall be deemed ((~~proven~~)) proved at the ((~~evidentiary~~)) hearing by a preponderance of the evidence. ((~~Real~~)) Facts that establish the elements of ((~~a higher crime,~~)) a more serious crime((,)) or additional crimes ((~~cannot~~)) may not be used to go outside the presumptive sentence range except upon stipulation or when specifically provided for in RCW 9.94A.390.

Sec. 11. Section 10, chapter 115, Laws of 1983 as amended by section 24, chapter 209, Laws of 1984 and RCW 9.94A.390 are each amended to read as follows:

If the sentencing court finds that an exceptional sentence outside the standard range should be imposed in accordance with RCW 9.94A.120(2), the sentence is subject to review only as provided for in RCW 9.94A.210(4).

The following are illustrative factors which the court may consider in the exercise of its discretion to impose an exceptional sentence((:)). The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.

(1) Mitigating Circumstances

((~~(1)~~)) (a) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.

((~~(2)~~)) (b) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.

((~~(3)~~)) (c) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.

((~~(4)~~)) (d) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.

((~~(5)~~)) (e) The defendant's capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law, was significantly impaired (voluntary use of drugs or alcohol is excluded).

((~~(6)~~)) (f) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.

((~~(7)~~)) (g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

(2) Aggravating Circumstances

((~~(1)~~)) (a) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim.

((~~(2)~~)) (b) The defendant knew or should have known that the victim of the current offense was particularly vulnerable or incapable of resistance due to extreme youth, advanced age, disability, or ill health.

((~~(3)~~)) (c) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:

((~~(a)~~)) (i) The current offense involved multiple victims or multiple incidents per victim;

((~~(b)~~)) (ii) The current offense involved attempted or actual monetary loss substantially greater than typical for the offense;

((~~(c)~~)) (iii) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time;

((~~(d)~~)) (iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.

((~~(4)~~)) (d) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition: The presence of ANY of the following may identify ((an)) a current offense as a major VUCSA:

((~~(a)~~)) (i) The current offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so; or

((~~(b)~~)) (ii) The current offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use; or

((~~(c)~~)) (iii) The current offense involved the manufacture of controlled substances for use by other parties; or

((~~(d) The offender possessed a firearm during the commission of the offense; or~~

~~(e)~~)) (iv) The circumstances of the current offense reveal the offender to have occupied a high position in the drug distribution hierarchy; or

((~~(f)~~)) (v) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time or involved a broad geographic area of disbursement; or

((~~(g)~~)) (vi) The offender used his or her position or status to facilitate the commission of the current offense, including positions of trust, confidence or fiduciary responsibility (e.g., pharmacist, physician, or other medical professional); or

((~~(h)~~)) (e) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW ((~~9.94A.400~~)) 9.94A.010.

((~~The above considerations are illustrative only and are not intended to be exclusive reasons for exceptional sentences.~~))

Sec. 12. Section 11, chapter 115, Laws of 1983 as amended by section 25, chapter 209, Laws of 1984 and RCW 9.94A.400 are each amended to read as follows:

(1) (a) Except as provided in (b) of this subsection, whenever a person is ((~~convicted of~~)) 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 ((~~criminal history. All sentences so determined shall be served concurrently. Separate crimes~~)) if they were prior convictions for the purposes of the offender score: PROVIDED, HOWEVER, That all current offenses encompassing the same criminal conduct shall be counted as if they were one crime in determining ((~~criminal history~~)) the offender score. Sentences imposed under this subsection shall be served concurrently. Consecutive sentences may only be imposed under the exceptional sentence provisions of RCW 9.94A.120 and 9.94A.390(2)(e) or any other provision of RCW 9.94A.390.

(b) Whenever a person is convicted of three or more serious violent offenses, as defined in RCW 9.94A.330, arising from separate and distinct criminal conduct, the sentence range for the offense with the highest seriousness level under RCW 9.94A.320 shall be determined using the offender's ((~~prior convictions as~~)) criminal history in the offender score and the sentence range for other serious violent offenses shall be determined by using ((~~a criminal history~~)) an offender score of zero. The sentence range for any remaining offenses shall be determined according to (a) of this subsection. All sentences imposed under (b) of this subsection shall be served consecutively to each other and concurrently with sentences imposed under (a) of this subsection.

(2) Whenever a person while under sentence of felony commits another felony and is sentenced to another term of imprisonment, the latter term shall not begin until expiration of all prior terms.

(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 of a felony, the sentence shall run ((~~consecutively~~)) concurrently with any felony ((~~sentences previously~~)) 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 ((~~subsequent~~)) current sentence expressly orders that they be served ((~~concurrently~~)) consecutively.

(4) Whenever any person granted probation under RCW 9.95.210 or 9.92.060, or both, has the probationary sentence revoked and a prison sentence imposed, ((~~this~~)) 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) However, in the case of consecutive sentences, all periods of total confinement shall be served before any partial confinement, community service, community supervision, or any other requirement or conditions of any of the sentences.

Sec. 13. Section 15, chapter 115, Laws of 1983 and RCW 9.94A.440 are each amended to read as follows:

(1) Decision not to prosecute.

STANDARD: A Prosecuting Attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

GUIDELINE/COMMENTARY:

Examples

The following are examples of reasons not to prosecute which could satisfy the standard.

(a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.

(b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:

(i) It has not been enforced for many years; and

(ii) Most members of society act as if it were no longer in existence; and

(iii) It serves no deterrent or protective purpose in today's society; and

(iv) The statute has not been recently reconsidered by the legislature.

This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.

(c) De Minimus Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.

(d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and

(i) Conviction of the new offense would not merit any additional direct or collateral punishment;

(ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

(iii) Conviction of the new offense would not serve any significant deterrent purpose.

(e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and

(i) Conviction of the new offense would not merit any additional direct or collateral punishment;

(ii) Conviction in the pending prosecution is imminent;

(iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

(iv) Conviction of the new offense would not serve any significant deterrent purpose.

(f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. This reason should be limited to minor cases and should not be relied upon in serious cases.

(g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

(h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused's information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.

(i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:

(i) Assault cases where the victim has suffered little or no injury;

(ii) Crimes against property, not involving violence, where no major loss was suffered;

(iii) Where doing so would not jeopardize the safety of society.

Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.

The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.

Notification

The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.

(2) Decision to prosecute.

STANDARD:

Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder.

Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact-finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.

See table ((13)) below for the crimes within these categories.

((~~TABLE 13~~))

CATEGORIZATION OF CRIMES FOR PROSECUTING STANDARDS

@lb CRIMES AGAINST PERSONS

Aggravated Murder

1st Degree Murder

2nd Degree Murder

1st Degree Kidnaping

1st Degree Assault

1st Degree Rape

1st Degree Robbery

1st Degree Statutory Rape

1st Degree Arson

2nd Degree Kidnaping

2nd Degree Assault

2nd Degree Rape

2nd Degree Robbery

1st Degree Burglary

1st Degree Manslaughter

2nd Degree Manslaughter

1st Degree Extortion

Indecent Liberties

2nd Degree Statutory Rape

Incest

((~~Negligent~~)) Vehicular Homicide

Vehicular Assault

3rd Degree Rape

3rd Degree Statutory Rape

2nd Degree Extortion

1st Degree Promoting Prostitution

Intimidating a Juror

Communication with a Minor

Intimidating a Witness

Intimidating a Public Servant

Bomb Threat (if against person)

3rd Degree Assault

Unlawful Imprisonment

Promoting a Suicide Attempt

Riot (if against person)

CRIMES AGAINST PROPERTY/OTHER CRIMES

2nd Degree Arson

1st Degree Escape

2nd Degree Burglary

1st Degree Theft

1st Degree Perjury

1st Degree Introducing Contraband

1st Degree Possession of Stolen Property

Bribery

Bribing a Witness

Bribe received by a Witness

Bomb Threat (if against property)

1st Degree Malicious Mischief

2nd Degree Theft

2nd Degree Escape

2nd Degree Introducing Contraband

2nd Degree Possession of Stolen Property

2nd Degree Malicious Mischief

1st Degree Reckless Burning

Taking a Motor Vehicle without Authorization

Forgery

((~~Welfare Fraud~~))

2nd Degree Perjury

2nd Degree Promoting Prostitution

Tampering with a Witness

Trading in Public Office

Trading in Special Influence

Receiving/Granting Unlawful Compensation

Bigamy

Eluding a Pursuing Police Vehicle

Wilful Failure to Return from Furlough

Riot (if against property)

Thefts of Livestock

ALL OTHER UNCLASSIFIED FELONIES

@la Selection of Charges/Degree of Charge

(1) The prosecutor should file charges which adequately describe the nature of defendant's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:

(a) Will significantly enhance the strength of the state's case at trial; or

(b) Will result in restitution to all victims.

(2) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:

(a) Charging a higher degree;

(b) Charging additional counts.

This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a defendant's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.

GUIDELINES/COMMENTARY:

Police Investigation

A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:

(1) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;

(2) The completion of necessary laboratory tests; and

(3) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.

If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.

Exceptions

In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:

(1) Probable cause exists to believe the suspect is guilty; and

(2) The suspect presents a danger to the community or is likely to flee if not apprehended; or

(3) The arrest of the suspect is necessary to complete the investigation of the crime.

In the event that the exception to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.

Investigation Techniques

The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:

(1) Polygraph testing;

(2) Hypnosis;

(3) Electronic surveillance;

(4) Use of informants.

Pre-Filing Discussions with Defendant

Discussions with the defendant or his/her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.

Sec. 14. Section 7, chapter 14, Laws of 1975 1st ex. sess. as amended by section 4, chapter 244, Laws of 1979 ex. sess. and RCW 9A.44.070 are each amended to read as follows:

(1) A person over thirteen years of age is guilty of statutory rape in the first degree when the person engages in sexual intercourse with another person who is less than eleven years old.

(2) Statutory rape in the first degree is a class A felony. No person convicted of statutory rape in the first degree shall be granted a deferred or suspended sentence except ((~~for the purpose of commitment to an inpatient treatment facility~~)) under RCW 9.94A.120(7).

Sec. 15. Section 9, chapter 155, Laws of 1979 as last amended by section 1, chapter 43, Laws of 1984 and RCW 13.50.050 are each amended to read as follows:

(1) This section governs records relating to the commission of juvenile offenses, including records relating to diversions.

(2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to subsection (11) of this section.

(3) All records other than the official juvenile court file are confidential and may be released only as provided in this section and RCW 13.50.010.

(4) Except as otherwise provided in this section and RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.

(5) Information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.

(6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.

(7) The juvenile court and the prosecutor may set up and maintain a central record-keeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central record-keeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central record-keeping system without notification by the diversion unit of the date on which the offender agreed to diversion.

(8) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.

(9) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.

(10) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and order the sealing of the official juvenile court file, the social file, and records of the court and of any other agency in the case.

(11) The court shall grant the motion to seal records made pursuant to subsection (10) of this section if it finds that:

(a) Two years have elapsed from the later of: (i) Final discharge of the person from the supervision of any agency charged with supervising juvenile offenders; or (ii) from the entry of a court order relating to the commission of a juvenile offense or a criminal offense;

(b) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense; and

(12) The person making a motion pursuant to subsection (10) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed.

(13) If the court grants the motion to seal made pursuant to subsection (10) of this section, it shall order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.

(14) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8).

(15) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order. Any conviction for any adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW for any juvenile adjudication of guilt for a class A offense.

(16) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person who is the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and order the destruction of the official juvenile court file, the social file, and records of the court and of any other agency in the case.

(17) The court may grant the motion to destroy records made pursuant to subsection (16) of this section if it finds:

(a) The person making the motion is at least twenty-three years of age;

(b) The person has not subsequently been convicted of a felony;

(d) The person has never been found guilty of a serious offense.

(18) A person eighteen years of age or older whose criminal history consists of only one referral for diversion may request that the court order the records in that case destroyed. The request shall be granted if the court finds that two years have elapsed since completion of the diversion agreement.

(19) If the court grants the motion to destroy records made pursuant to subsection (16) or (18) of this section, it shall order the official juvenile court file, the social file, and any other records named in the order to be destroyed.

(20) The person making the motion pursuant to subsection (16) or (18) of this section shall give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.

(21) Any juvenile to whom the provisions of this section may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process.

(22) Nothing in this section may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.

(23) Any juvenile justice or care agency may, subject to the limitations in subparagraphs (a) and (b) of this subsection, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.

(a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older, or is eighteen years of age or older and his or her criminal history consists entirely of one diversion agreement and two years have passed since completion of the agreement.

(b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings.

Sec. 16. Section 3, chapter 104, Laws of 1967 as last amended by section 64, chapter 136, Laws of 1981 and RCW 71.06.091 are each amended to read as follows:

A sexual psychopath committed pursuant to RCW 71.06.060 shall be retained by the superintendent of the institution involved until in the superintendent's opinion he is safe to be at large, or until he has received the maximum benefit of treatment, or is not amenable to treatment, but the superintendent is unable to render an opinion that he is safe to be at large. Thereupon, the superintendent of the institution involved shall so inform whatever court committed the sexual psychopath. ((The court then may order such further examination and investigation of such person as seems necessary, and may at its discretion, summon such person before it for further hearing, together with any witnesses whose testimony may be pertinent, and together with any relevant documents and other evidence. On the basis of such reports, investigation, and possible hearing, the court shall determine whether the person before it shall be released unconditionally from custody as a sexual psychopath, released conditionally, returned to the custody of the institution as a sexual psychopath, or transferred to the department of corrections to serve the original sentence imposed upon him. The power of the court to grant conditional release for any such person before it shall be the same as its power to grant, amend and revoke probation as provided by chapter 9.95 RCW.)) The court may release such person only if release is the recommendation of the superintendent. The court shall transfer the person to the department of corrections to serve the original sentence imposed upon him if any recommendation or opinion other than release is received from the superintendent. When the sexual psychopath has entered upon the conditional release, the state board of prison terms and paroles shall supervise such person pursuant to the terms and conditions of the conditional release, as set by the court: PROVIDED, That the superintendent of the institution involved shall never release the sexual psychopath from custody without a court release as herein set forth.

NEW SECTION. Sec. 17. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 115, Laws of 1983 and RCW 9.94A.300; and

(2) Section 12, chapter 115, Laws of 1983, section 26, chapter 209, Laws of 1984 and RCW 9.94A.410.

NEW SECTION. Sec. 18. 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. 19. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985.