WSR 09-17-082

PROPOSED RULES

SENTENCING GUIDELINES COMMISSION


[ Filed August 17, 2009, 7:38 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-14-079.

Title of Rule and Other Identifying Information: Community custody ranges, WAC 437-20-010. Updating the WAC to reflect passage of ESSB 5288, chapter 375, Laws of 2009.

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

Date of Intended Adoption: October 9, 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 October 2, 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Changes in Existing Rules: The intent of the proposal is to update WAC 437-20-010 to show that this section has been superseded by the passage of ESSB 5288 (chapter 375, Laws of 2009) in which community custody ranges have been changed to a fixed period of time with other conditions.

Reasons Supporting Proposal: Previously, the commission was given authority to set and recommend community custody ranges. Passage of ESSB 5288 (chapter 375, Laws of 2009) has replaced the commission's authority to set community custody ranges.

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

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.

August 17, 2009

Jean Soliz-Conklin

Executive Director

OTS-2173.2


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)) 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.

*This section has been superseded by section 5, chapter 235, Laws of 2009. Community custody ranges have been changed to a fixed period of time with other conditions. Please refer to RCW 9.94A.701.

[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