RCW 9.94A.501

Risk Assessment — Risk Categories — Department Must Supervise Specified Offenders. (Expires July 1, 2010.)

 

(1) When the department performs a risk assessment pursuant to RCW 9.94A.500, or to determine a person's conditions of supervision, the risk assessment shall classify the offender or a probationer sentenced in superior court into one of at least four risk categories.

(2) The department shall supervise every offender sentenced to a term of community custody, community placement, or community supervision and every misdemeanor and gross misdemeanor probationer ordered by a superior court to probation under the supervision of the department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210:

(a) Whose risk assessment places that offender or probationer in one of the two highest risk categories; or

(b) Regardless of the offender's or probationer's risk category if:

(i) The offender's or probationer's current conviction is for:

(A) A sex offense;

(B) A violent offense;

(C) A crime against persons as defined in RCW 9.94A.411;

(D) A felony that is domestic violence as defined in RCW 10.99.020;

(E) A violation of RCW 9A.52.025 (residential burglary);

(F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or

(G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);

(ii) The offender or probationer has a prior conviction for:

(A) A sex offense;

(B) A violent offense;

(C) A crime against persons as defined in RCW 9.94A.411;

(D) A felony that is domestic violence as defined in RCW 10.99.020;

(E) A violation of RCW 9A.52.025 (residential burglary);

(F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or

(G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);

(iii) The conditions of the offender's community custody, community placement, or community supervision or the probationer's supervision include chemical dependency treatment;

(iv) The offender was sentenced under RCW 9.94A.650 or 9.94A.670; or

(v) The offender is subject to supervision pursuant to RCW 9.94A.745.

(3) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody, community placement, or community supervision or any probationer unless the offender or probationer is one for whom supervision is required under subsection (2) of this section.

(4) This section expires July 1, 2010.

[2005 c 362 § 1; 2003 c 379 § 3.]

Notes:

Effective date -- 2005 c 362: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 2005]." [2005 c 362 § 5.]

Severability -- Effective dates -- 2003 c 379: See notes following RCW 9.94A.728.

Conditions of probation: RCW 9.95.210.

Misdemeanant probation services -- County supervision: RCW 9.95.204.

Suspending sentences: RCW 9.92.060.

 

 

RCW 9.94A.505

Sentences.

 

(1) When a person is convicted of a felony, the court shall impose punishment as provided in this chapter.

(2)(a) The court shall impose a sentence as provided in the following sections and as applicable in the case:

(i) Unless another term of confinement applies, the court shall impose a sentence within the standard sentence range established in RCW 9.94A.510 or 9.94A.517;

(ii) RCW 9.94A.700 and 9.94A.705, relating to community placement;

(iii) RCW 9.94A.710 and 9.94A.715, relating to community custody;

(iv) RCW 9.94A.545, relating to community custody for offenders whose term of confinement is one year or less;

(v) RCW 9.94A.570, relating to persistent offenders;

(vi) RCW 9.94A.540, relating to mandatory minimum terms;

(vii) RCW 9.94A.650, relating to the first-time offender waiver;

(viii) RCW 9.94A.660, relating to the drug offender sentencing alternative;

(ix) RCW 9.94A.670, relating to the special sex offender sentencing alternative;

(x) RCW 9.94A.712, relating to certain sex offenses;

(xi) RCW 9.94A.535, relating to exceptional sentences;

(xii) RCW 9.94A.589, relating to consecutive and concurrent sentences.

(b) If a standard sentence range has not been established for the offender's crime, the court shall impose a determinate sentence which may include not more than one year of confinement; community restitution work; until July 1, 2000, a term of community supervision not to exceed one year and on and after July 1, 2000, a term of community custody not to exceed one year, subject to conditions and sanctions as authorized in RCW 9.94A.710 (2) and (3); and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds reasons justifying an exceptional sentence as provided in RCW 9.94A.535.

(3) 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.

(4) If a sentence imposed includes payment of a legal financial obligation, it shall be imposed as provided in RCW 9.94A.750, 9.94A.753, 9.94A.760, and 43.43.7541.

(5) Except as provided under RCW 9.94A.750(4) and9.94A.753 (4), a court may not impose a sentence providing for a term of confinement or community supervision, community placement, or community custody which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

(6) 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.

(7) The court shall order restitution as provided in RCW 9.94A.750 and 9.94A.753.

(8) As a part of any sentence, the court may impose and enforce crime-related prohibitions and affirmative conditions as provided in this chapter.

(9) The court may order an offender whose sentence includes community placement or community supervision to undergo a mental status evaluation and to participate in available outpatient mental health treatment, if the court finds that reasonable grounds exist to believe that the offender is a mentally ill person as defined in RCW 71.24.025, and that this condition is likely to have influenced the offense. An order requiring mental status evaluation or treatment must be based on a presentence report and, if applicable, mental status evaluations that have been filed with the court to determine the offender's competency or eligibility for a defense of insanity. The court may order additional evaluations at a later date if deemed appropriate.

(10) In any sentence of partial confinement, the court may require the offender to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.

(11) In sentencing an offender convicted of a crime of domestic violence, as defined in RCW 10.99.020, if the offender has a minor child, or if the victim of the offense for which the offender was convicted has a minor child, the court may, as part of any term of community supervision, community placement, or community custody, order the offender to participate in a domestic violence perpetrator program approved under RCW 26.50.150.

[2002 c 290 § 17; 2002 c 289 § 6; 2002 c 175 § 6; 2001 2nd sp.s. c 12 § 312; 2001 c 10 § 2. Prior: 2000 c 226 § 2; 2000 c 43 § 1; 2000 c 28 § 5; prior: 1999 c 324 § 2; 1999 c 197 § 4; 1999 c 196 § 5; 1999 c 147 § 3; 1998 c 260 § 3; prior: 1997 c 340 § 2; 1997 c 338 § 4; 1997 c 144 § 2; 1997 c 121 § 2; 1997 c 69 § 1; prior: 1996 c 275 § 2; 1996 c 215 § 5; 1996 c 199 § 1; 1996 c 93 § 1; 1995 c 108 § 3; prior: 1994 c 1 § 2 (Initiative Measure No. 593, approved November 2, 1993); 1993 c 31 § 3; prior: 1992 c 145 § 7; 1992 c 75 § 2; 1992 c 45 § 5; prior: 1991 c 221 § 2; 1991 c 181 § 3; 1991 c 104 § 3; 1990 c 3 § 705; 1989 c 252 § 4; prior: 1988 c 154 § 3; 1988 c 153 § 2; 1988 c 143 § 21; prior: 1987 c 456 § 2; 1987 c 402 § 1; prior: 1986 c 301 § 4; 1986 c 301 § 3; 1986 c 257 § 20; 1984 c 209 § 6; 1983 c 163 § 2; 1982 c 192 § 4; 1981 c 137 § 12. Formerly RCW 9.94A.120.]

Notes:

Reviser's note: This section was amended by 2002 c 175 § 6, 2002 c 289 § 6, and by 2002 c 290 § 17, each without reference to the other. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

Effective date -- 2002 c 290 §§ 7-11 and 14-23: See note following RCW 9.94A.515.

Intent -- 2002 c 290: See note following RCW 9.94A.517.

Severability -- Effective date -- 2002 c 289: See notes following RCW 43.43.753.

Effective date -- 2002 c 175: See note following RCW 7.80.130.

Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW 71.09.250.

Application -- 2001 2nd sp.s. c 12 §§ 301-363: See note following RCW 9.94A.030.

Intent -- 2001 c 10: "It is the intent of the legislature to incorporate into the reorganization of chapter 9.94A RCW adopted by chapter 28, Laws of 2000 amendments adopted to RCW 9.94A.120 during the 2000 legislative session that did not take cognizance of the reorganization. In addition, it is the intent of the legislature to correct any additional incorrect cross-references and to simplify the codification of provisions within chapter 9.94A RCW.

The legislature does not intend to make, and no provision of this act may be construed as making, a substantive change in the sentencing reform act." [2001 c 10 § 1.]

Effective date -- 2001 c 10: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [2001 c 10 § 7.]

Finding -- Intent -- 2000 c 226: "The legislature finds that supervision of offenders in the community and an offender's payment of restitution enhances public safety, improves offender accountability, is an important component of providing justice to victims, and strengthens the community. The legislature intends that all terms and conditions of an offender's supervision in the community, including the length of supervision and payment of legal financial obligations, not be curtailed by an offender's absence from supervision for any reason including confinement in any correctional institution. The legislature, through this act, revises the results of In re Sappenfield, 980 P.2d 1271 (1999) and declares that an offender's absence from supervision or subsequent incarceration acts to toll the jurisdiction of the court or department over an offender for the purpose of enforcing legal financial obligations." [2000 c 226 § 1.]

Severability -- 2000 c 226: "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." [2000 c 226 § 6.]

Technical correction bill -- 2000 c 28: See note following RCW 9.94A.015.

Drug offender options -- Report: "The Washington state institute for public policy, in consultation with the sentencing guidelines commission shall evaluate the impact of implementing the drug offender options provided for in RCW 9.94A.120(6). The commission shall submit a final report to the legislature by December 1, 2004. The report shall describe the changes in sentencing practices related to the use of punishment options for drug offenders and include the impact of sentencing alternatives on state prison populations, the savings in state resources, the effectiveness of drug treatment services, and the impact on recidivism rates." [1999 c 197 § 12.]

Severability -- 1999 c 197: See note following RCW 9.94A.030.

Construction -- Short title -- 1999 c 196: See RCW 72.09.904 and 72.09.905.

Severability -- 1999 c 196: See note following RCW 9.94A.010.

Intent -- 1998 c 260: See note following RCW 9.94A.500.

Finding -- Evaluation -- Report -- 1997 c 338: See note following RCW 13.40.0357.

Severability -- Effective dates -- 1997 c 338: See notes following RCW 5.60.060.

Finding -- 1996 c 275: "The legislature finds that improving the supervision of convicted sex offenders in the community upon release from incarceration is a substantial public policy goal, in that effective supervision accomplishes many purposes including protecting the community, supporting crime victims, assisting offenders to change, and providing important information to decision makers." [1996 c 275 § 1.]

Application -- 1996 c 275 §§ 1-5: "Sections 1 through 5, chapter 275, Laws of 1996 apply to crimes committed on or after June 6, 1996." [1996 c 275 § 14.]

Severability -- 1996 c 199: "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." [1996 c 199 § 9.]

Effective date -- 1995 c 108: See note following RCW 9.94A.030.

Severability -- Short title -- Captions -- 1994 c 1: See notes following RCW 9.94A.555.

Severability -- Application -- 1992 c 45: See notes following RCW 9.94A.840.

Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.

Purpose -- Prospective application -- Effective dates -- Severability -- 1989 c 252: See notes following RCW 9.94A.030.

Effective date -- Application of increased sanctions -- 1988 c 153: See notes following RCW 9.94A.030.

Applicability -- 1988 c 143 §§ 21-24: "Increased sanctions authorized by sections 21 through 24 of this act are applicable only to those persons committing offenses after March 21, 1988." [1988 c 143 § 25.]

Effective date -- 1987 c 402: "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, 1987." [1987 c 402 § 3.]

Effective date -- 1986 c 301 § 4: "Section 4 of this act shall take effect July 1, 1987." [1986 c 301 § 8.]

Severability -- 1986 c 257: See note following RCW 9A.56.010.

Effective date -- 1986 c 257 §§ 17-35: See note following RCW 9.94A.030.

Effective dates -- 1984 c 209: See note following RCW 9.94A.030.

Effective date -- 1983 c 163: "Sections 1 through 5 of this act shall take effect on July 1, 1984." [1983 c 163 § 7.]

Effective date -- 1981 c 137: See RCW 9.94A.905.

 

Comment

 

RCW 9.94A.505(6) codifies the constitutional requirement that offenders receive credit for time served prior to sentencing.  See State v. Phelan, 100 Wn.2d 508, 671 P.2d 1212 (1983).

 

The 1988 Legislature directed that restitution to victims shall be the first payment of monetary obligations.  The Legislature also clarified that the Department of Corrections is responsible for supervising payment of monetary obligations, and if the court does not set a schedule for payments, the Department can set one.

 

The 1999 Legislature also authorized courts to order certain domestic violence offenders to participate in domestic violence perpetrator programs as part of their term of supervision in the community.  See RCW 9.94A.505(11)


RCW 9.94A.510 --Adult Felony Sentencing Grid

 

 

Offender Score

0

1

2

3

4

5

6

7

8

9 or More

Seriousness Level

XVI

Life Sentence Without Parole/Death Penalty

XV

23y 4m

24y 4m

25y 4m

26y 4m

27y 4m

28y 4m

30y 4m

32y 10m

36y

40y

240 - 320

250 - 333

261 - 347

271 - 361

281 - 374

291 - 388

312 - 416

338 - 450

370 - 493

411 - 548

XIV

14y 4m

15y 4m

16y 2m

17y

17y 11m

18y 9m

20y 5m

22y 2m

25y 7m

29y

123 - 220

134 - 234

144 - 244

154 - 254

165 - 265

175 - 275

195 - 295

216 - 316

257 - 357

298 - 397

XIII

12y

13y

14y

15y

16y

17y

19y

21y

25y

29y

123 - 164

134 - 178

144 - 192

154 - 205

165 - 219

175 - 233

195 - 260

216 - 288

257 - 342

298 - 397

XII

9y

9y 11m

10y 9m

11y 8m

12y 6m

13y 5m

15y 9m

17y 3m

20y 3m

23y 3m

93 - 123

102 - 136

111 - 147

120 - 160

129 - 171

138 - 184

162 - 216

178 - 236

209 - 277

240 - 318

XI

7y 6m

8y 4m

9y 2m

9y 11m

10y 9m

11y 7m

14y 2m

15y 5m

17y 11m

20y 5m

78 - 102

86 - 114

95 - 125

102 - 136

111 - 147

120 - 158

146 - 194

159 - 211

185 - 245

210 - 280

X

5y

5y 6m

6y

6y 6m

7y

7y 6m

9y 6m

10y 6m

12y 6m

14y 6m

51 - 68

57 - 75

62 - 82

67 - 89

72 - 96

77 - 102

98 - 130

108 - 144

129 - 171

149 - 198

IX

3y

3y 6m

4y

4y 6m

5y

5y 6m

7y 6m

8y 6m

10y 6m

12y 6m

31 - 41

36 - 48

41 - 54

46 - 61

51 - 68

57 - 75

77 - 102

87 - 116

108 - 144

129 - 171

VIII

2y

2y 6m

3y

3y 6m

4y

4y 6m

6y 6m

7y 6m

8y 6m

10y 6m

21 - 27

26 - 34

31 - 41

36 - 48

41 - 54

46 - 61

67 - 89

77 - 102

87 - 116

108 - 144

VII

18m

2y

2y 6m

3y

3y 6m

4y

5y 6m

6y 6m

7y 6m

8y 6m

15 - 20

21 - 27

26 - 34

31 - 41

36 - 48

41 - 54

57 - 75

67 - 89

77 - 102

87 - 116

VI

13m

18m

2y

2y 6m

3y

3y 6m

4y 6m

5y 6m

6y 6m

7y 6m

12+ - 14

15 - 20

21 - 27

26 - 34

31 - 41

36 - 48

46 - 61

57 - 75

67 - 89

77 - 102

V

9m

13m

15m

18m

2y 2m

3y 2m

4y

5y

6y

7y

6 - 12

12+ - 14

13 - 17

15 - 20

22 - 29

33 - 43

41 - 54

51 - 68

62 - 82

72 - 96

IV

6m

9m

13m

15m

18m

2y 2m

3y 2m

4y 2m

5y 2m

6y 2m

3 - 9

6 - 12

12+ - 14

13 - 17

15 - 20

22 - 29

33 - 43

43 - 57

53 - 70

63 - 84

III

2m

5m

8m

11m

14m

20m

2y 2m

3y 2m

4y 2m

5y

1 - 3

3 - 8

4 - 12

9 - 12

12+ - 16

17 - 22

22 - 29

33 - 43

43 - 57

51 - 68

II

45d

4m

6m

8m

13m

16m

20m

2y 2m

3y 2m

4y 2m

0 - 90 (Days)

2 - 6

3 - 9

4 - 12

12+ - 14

14 - 18

17 - 22

22 - 29

33 - 43

43 - 57

I

30d

45d

3m

4m

5m

8m

13m

16m

20m

2y 2m

0 - 60 (Days)

0 - 90 (Days)

2 - 5

2 - 6

3 - 8

4 - 12

12+ - 14

14 - 18

17 - 22

22 - 29

Numbers 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 standard sentence ranges in months, or in days if so designated. 12 equals one year and one day.

[2002 c 290 § 10. Prior: 2000 c 132 § 2; 2000 c 28 § 11; prior: 1999 c 352 § 2; 1999 c 324 § 3; prior: 1998 c 235 § 1; 1998 c 211 § 3; prior: 1997 c 365 § 3; 1997 c 338 § 50; 1996 c 205 § 5; 1995 c 129 § 2 (Initiative Measure No. 159); (1994 sp.s. c 7 § 512 repealed by 1995 c 129 § 19 (Initiative Measure No. 159)); 1992 c 145 § 9; 1991 c 32 § 2; 1990 c 3 § 701; prior: 1989 c 271 § 101; 1989 c 124 § 1; 1988 c 218 § 1; 1986 c 257 § 22; 1984 c 209 § 16; 1983 c 115 § 2. Formerly RCW 9.94A.310.]

Notes:

Effective date -- 2002 c 290 §§ 7-11 and 14-23: See note following RCW 9.94A.515.

Intent -- 2002 c 290: See note following RCW 9.94A.517.

Technical correction bill -- 2000 c 28: See note following RCW 9.94A.015.

Effective date -- 1998 c 211: See note following RCW 46.61.5055.

Finding -- Evaluation -- Report -- 1997 c 338: See note following RCW 13.40.0357.

Severability -- Effective dates -- 1997 c 338: See notes following RCW 5.60.060.

Findings and intent -- 1995 c 129: "(1) The people of the state of Washington find and declare that:

(a) Armed criminals pose an increasing and major threat to public safety and can turn any crime into serious injury or death.

(b) Criminals carry deadly weapons for several key reasons including: Forcing the victim to comply with their demands; injuring or killing anyone who tries to stop the criminal acts; and aiding the criminal in escaping.

(c) Current law does not sufficiently stigmatize the carrying and use of deadly weapons by criminals, and far too often there are no deadly weapon enhancements provided for many felonies, including murder, arson, manslaughter, and child molestation and many other sex offenses including child luring.

(d) Current law also fails to distinguish between gun-carrying criminals and criminals carrying knives or clubs.

(2) By increasing the penalties for carrying and using deadly weapons by criminals and closing loopholes involving armed criminals, the people intend to:

(a) Stigmatize the carrying and use of any deadly weapons for all felonies with proper deadly weapon enhancements.

(b) Reduce the number of armed offenders by making the carrying and use of the deadly weapon not worth the sentence received upon conviction.

(c) Distinguish between the gun predators and criminals carrying other deadly weapons and provide greatly increased penalties for gun predators and for those offenders committing crimes to acquire firearms.

(d) Bring accountability and certainty into the sentencing system by tracking individual judges and holding them accountable for their sentencing practices in relation to the state's sentencing guidelines for serious crimes." [1995 c 129 § 1 (Initiative Measure No. 159).]

Short title -- 1995 c 129: "This act shall be known and cited as the hard time for armed crime act." [1995 c 129 § 21 (Initiative Measure No. 159).]

Severability -- 1995 c 129: "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." [1995 c 129 § 22 (Initiative Measure No. 159).]

Captions not law -- 1995 c 129: "Captions as used in this act do not constitute any part of the law." [1995 c 129 § 23 (Initiative Measure No. 159).]

Finding -- Intent -- Severability -- Effective dates -- Contingent expiration date -- 1994 sp.s. c 7: See notes following RCW 43.70.540.

Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.

Application -- 1989 c 271 §§ 101-111: "Sections 101-111 of this act apply to crimes committed on or after July 1, 1989." [1989 c 271 § 114.]

Severability -- 1989 c 271: "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." [1989 c 271 § 606.]

Severability -- 1986 c 257: See note following RCW 9A.56.010.

Effective date -- 1986 c 257 §§ 17-35: See note following RCW 9.94A.030.

Effective dates -- 1984 c 209: See note following RCW 9.94A.030.

 

 

Comment

 

The 1986 amendments provided that the 12-month deadly weapon penalty applies to those offenses defined in RCW 9.94A.030 as drug offenses, instead of applying only to Delivery or Possession of a Controlled Substance with Intent to Deliver.  The term "drug offense," as defined in the SRA, excludes simple possession, forged prescriptions and violations of the Legend Drug Act.

 

The 1986 revisions also clarified that the deadly weapon penalties apply to anticipatory offenses.

 

The 1989 Legislature added two enhancements for some drug crimes committed in certain locations:  (1) violations of RCW 69.50.401(a) committed within 1,000 feet of a school or school bus zone, and (2) violations of RCW 69.50.401(a) or (d) committed within a county jail or state correctional facility.

 

The 1990 Legislature amended the sentencing grid to add a new Level XII, and renumber Levels XII through XIV.  The sentence ranges in Level XI were increased.

 

The 1990 Legislature amended the enhancement for certain drug crimes near schools to also apply to manufacture, delivery, and possession with intent to deliver in parks, public transit vehicles and transit stop shelters (RCW 69.50.435).

 

The 1992 Legislature added Assault of a Child 2 to the crimes eligible for deadly weapon penalties.

 

The 1994 Legislature amended subsection (4)(c) to apply the previous 12-month deadly weapon enhancement to all violent offenses not subject to a longer enhancement.  This was repealed and replaced in 1995 by Initiative 159. 

 

The enactment of Initiative Measure No. 159 by the 1995 Legislature split the previous deadly weapon enhancement into separate enhancements for firearms and for other deadly weapons, and broadened their application to all felonies except those in which using a firearm is an element of the offense.  The enhancements double when the offender has previously (but on or after July 23, 1995) been sentenced to a deadly weapon enhancement under (3) or (4).  The enhancements must run consecutively to any other sentence, as long as the period of total confinement does not exceed the statutory maximum for the offense.  The amendments increased the enhancement (where the weapon is not a firearm) for Burglary 1 from 18 months to two years and reduced the enhancement for Theft of Livestock 2 from one year to six months. 

 

Although the 1995 amendments to subsections (3) and (4) in Initiative 159 prohibit weapon enhancements from running concurrently to other sentencing provisions, the Initiative did not amend RCW 9.94A.400, which provides for concurrent sentencing of multiple counts except under circumstances specified in that section.

 

Subsections (3) and (4) limit the total sentence for each count to the statutory maximum, even with weapon enhancements.  However, it is unclear whether the maximum consists of the entire weapon enhancement plus the remainder of the base sentence, or of the base sentence plus whatever part of the weapon enhancement remains within the maximum.  This issue is especially important in multiple-count cases, where the statutory maximum for the most serious count would limit the total sentence in the absence of weapon enhancements, but may not if weapon enhancements are computed consecutively. 

 

The 1996 Legislature increased from 15 months to 18 months the enhancement for Manufacture, Delivery, or Possession with Intent to Manufacture or Deliver Methamphetamine in a county jail or state correctional facility. The Legislature also authorized local governments to designate additional “drug free zones” at or around defined “civic centers,” under RCW 69.50.435, for purposes of the 24-month enhancement for drug offenses committed within such areas. 

 

The 1998 Legislature clarified that when an offender is being sentenced for more than one offense, the firearm enhancement or enhancements and or deadly weapon enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to the enhancement. This takes effect for crimes committed on or after June 11, 1998.

 

The 1998 Legislature also clarified that for all offenses sentenced under RCW 9.94A.310, all firearm or deadly weapon enhancements run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements.  This takes effect for crimes committed on or after June 11, 1998.

 

The 1998 Legislature required that an additional two years be added to the presumptive sentence for Vehicular Homicide committed while under the Influence of Intoxicating Liquor or any Drug as defined by RCW 46.61.502 for each prior offense as defined in RCW 46.61.5055.

 

The 1998 Legislature required that if the firearm enhancement or the deadly weapon enhancement increases a sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.    As a result, in such a case the underlying sentence must be reduced so that the total confinement time does not exceed the statutory maximum. This takes effect for crimes committed on or after June 11, 1998.

 

The Supreme Court of Washington in Post Sentencing Review of Charles, 135 Wn.2d 239 (1998), ruled that when two or more offenses each carry firearm enhancements, the determination of whether multiple current sentences are to run concurrently or consecutively is governed by RCW 9.94A.400. (See 9.94A.589 for current rule.)

 

In State v. Barajas, 88 Wn. App. 387 (1997), the Court of Appeals ruled that when a convicted drug offender is subject to both RCW 69.50.435 (which doubles the maximum sentence that may be imposed for a drug offense committed in or near a public place or facility as specified by the statute) and RCW 9.94A.310(3) (which mandates enhanced sentences for offenses committed while armed with a firearm), the maximum sentence on which to determine the length of the firearm enhancement is the statutory maximum for the offenses as doubled by RCW 69.50.435.

 

The 1997 Legislature increased the maximum term of total confinement in the standard range for level XIII.  However, the minimum term in that range applied only to sentences for murder 2 because the Legislature amended limiting language in RCW 9.94A.040(4)(b) only for murder 2 offenses.  The new standard ranges for Murder 2 applied to crimes committed on or after July 27, 1997.  The 1999 Legislature resolved the conflict within Level XIII that arose after the 1997 legislative session.  A new Level XIV was created for Murder 2 only, with its unique “range widths” as outlined in 9.94A.040(4)(b).  The “range widths” for the offenses remaining at Level XIII were returned to their pre-1997 status, and offenses previously at Levels XIV and XV were moved up to Level XV and a new Level XVI, respectively (for offenses committed on or after July 25, 1999).

 

The 1999 Legislature provided exceptions to serving mandatory minimum sentences in total confinement for offenders granted an “extraordinary medical placement” authorized under RCW 9.94A.150(4).

Continue to Part 6 RCW 9.94A.515