WSR 09-05-103

PROPOSED RULES

SENTENCING GUIDELINES COMMISSION


[ Filed February 18, 2009, 11:25 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-01-164.

Title of Rule and Other Identifying Information: Community custody ranges, WAC 437-20-010, establishing a 9-18 month community custody range for an offense involving unlawful possession of a firearm under RCW 9.41.040, where the offender is a criminal street gang member or associate.

Hearing Location(s): Holiday Inn, 17338 International Boulevard, SeaTac, WA 98188, (206) 428-2123, on April 10, 2009, at 9:00 a.m.

Date of Intended Adoption: April 10, 2009.

Submit Written Comments to: Jennifer Jones, Rules Coordinator, Sentencing Guidelines Commission, P.O. Box 40927, Olympia, WA 98504, e-mail JenniferJ@sgc.wa.gov, fax (360) 407-1043, by April 8, 2009.

Assistance for Persons with Disabilities: Contact Jennifer Jones, (360) 407-1043.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The intent of the proposal is to implement 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, pursuant to E2SHB 2712, as codified in RCW 9.94A.715. To date, no persons have been convicted of this offense, therefore the change will only affect offenders prospectively.

Reasons Supporting Proposal: 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.

Statutory Authority for Adoption: RCW 9.94A.850, and the commission's rule-making authority under chapter 34.05 RCW.

Statute Being Implemented: RCW 9.94A.715.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Sentencing guidelines commission, governmental.

Name of Agency Personnel Responsible for Drafting: Shannon Hinchcliffe, 4565 7th Avenue S.E., Lacey, WA 98503, (360) 407-1050; Implementation and Enforcement: Jean Soliz-Conklin, Executive Director, 4565 7th Avenue S.E., Lacey, WA 98503, (360) 407-1056.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule relates only to internal governmental operations that are not subject to violation by a nongovernment party.

A cost-benefit analysis is not required under RCW 34.05.328. This rule relates only to internal governmental operations that are not subject to violation by a nongovernment party.

February 18, 2009

Jean Soliz-Conklin

Executive Director

OTS-2173.1


AMENDATORY SECTION(Amending WSR 00-11-052, filed 5/12/00, effective 7/1/00)

WAC 437-20-010   Community custody ranges.  

COMMUNITY CUSTODY RANGES

Offense Type Community Custody Range
Sex Offenses (Not sentenced under RCW 9.94A.120(8)) 36 to 48 months
Serious Violent Offenses 24 to 48 months
Violent Offenses 18 to 36 months
Crimes Against Persons (As defined in RCW 9.94A.440(2)); or Unlawful Possession of a Firearm by a criminal street gang member or associate (Under RCW 9.94A.715) 9 to 18 months
Offenses under chapter 69.50 or 69.52 RCW (Not sentenced under RCW 9.94A.120(6)) 9 to 12 months

The ranges specified in this section are not intended to affect or limit the authority to impose exceptional community custody ranges, either above or below the standard community custody range as authorized by RCW 9.94A.120(2) and pursuant to guidelines specified in RCW 9.94A.390. The community custody range for offenders with multiple convictions must be based on the offense that dictates the longest term of community custody. The community custody range for offenders convicted of an offense that falls into more than one of the five categories of offense types listed in this section must be based on the offense type that dictates the longest term of community custody.

[Statutory Authority: RCW 9.94A.040(6) (rule-making authority under chapter 34.05 RCW). 00-11-052, 437-20-010, filed 5/12/00, effective 7/1/00.]

Washington State Code Reviser's Office