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RCW 9.94A.501 Risk Assessment — Risk Categories —
Department Must Supervise Specified Offenders. (Expires July 1, 2010.) |
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(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:
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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.
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RCW 9.94A.505 Sentences. |
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(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:
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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. 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. |
RCW
9.94A.505(6) codifies the constitutional requirement that offenders receive
credit for time served prior to sentencing.
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)
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RCW
9.94A.510 --Adult
Felony Sentencing Grid |
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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: 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).