WSR 09-01-164

PREPROPOSAL STATEMENT OF INQUIRY

SENTENCING GUIDELINES COMMISSION


[ Filed December 23, 2008, 10:37 a.m. ]

Subject of Possible Rule Making: Establishing community custody range for an offense involving the unlawful possession of a firearm under RCW 9.41.040, where the offender is a criminal street gang member or associate, pursuant to E2SHB 2712, as codified in RCW 9.94A.715.

Statutes Authorizing the Agency to Adopt Rules on this Subject: E2SHB 2712 (section 305, chapter 276, Laws of 2008) amending RCW 9.94A.715.

RCW 9.94A.850, commission's rule-making authority under chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The commission is required by statute to propose a community custody range for an offense involving the unlawful possession of a firearm under RCW 9.41.040, where the offender is a criminal street gang member or associate.

Process for Developing New Rule: Agency initiated rule pursuant to E2SHB 2712.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jennifer Jones, Rules Coordinator, Sentencing Guidelines Commission, P.O. Box 40927, Olympia, WA 98504-0927, phone (360) 407-1050, fax (360) 407-1043.

December 23, 2008

Jean Soliz Conklin

Executive Director

Washington State Code Reviser's Office