RCW 9.94A.507
Sentencing of nonpersistent offenders.
(Effective August 1, 2009.)
(1) An offender who is not a
persistent offender shall be sentenced under this section if the
offender:
(a) Is convicted of:
(i) Rape in the first degree, rape in the second degree,
rape of a child in the first degree, child molestation in the
first degree, rape of a child in the second degree, or indecent
liberties by forcible compulsion;
(ii) Any of the following offenses with a finding of sexual
motivation: Murder in the first degree, murder in the second
degree, homicide by abuse, kidnapping in the first degree,
kidnapping in the second degree, assault in the first degree,
assault in the second degree, assault of a child in the first
degree, assault of a child in the second degree, or burglary in
the first degree; or
(iii) An attempt to commit any crime listed in this
subsection (1)(a); or
(b) Has a prior conviction for an offense listed in RCW 9.94A.030 (31)(b), and is convicted of any sex offense other than
failure to register.
(2) An offender convicted of rape of a child in the first or
second degree or child molestation in the first degree who was
seventeen years of age or younger at the time of the offense
shall not be sentenced under this section.
(3)(a) Upon a finding that the offender is subject to
sentencing under this section, the court shall impose a sentence
to a maximum term and a minimum term.
(b) The maximum term shall consist of the statutory maximum
sentence for the offense.
(c)(i) Except as provided in (c)(ii) of this subsection, the
minimum term shall be either within the standard sentence range
for the offense, or outside the standard sentence range pursuant
to RCW 9.94A.535, if the offender is otherwise eligible for such
a sentence.
(ii) If the offense that caused the offender to be sentenced
under this section was rape of a child in the first degree, rape
of a child in the second degree, or child molestation in the
first degree, and there has been a finding that the offense was
predatory under RCW 9.94A.836, the minimum term shall be either
the maximum of the standard sentence range for the offense or
twenty-five years, whichever is greater. If the offense that
caused the offender to be sentenced under this section was rape
in the first degree, rape in the second degree, indecent
liberties by forcible compulsion, or kidnapping in the first
degree with sexual motivation, and there has been a finding that
the victim was under the age of fifteen at the time of the
offense under RCW 9.94A.837, the minimum term shall be either the
maximum of the standard sentence range for the offense or
twenty-five years, whichever is greater. If the offense that
caused the offender to be sentenced under this section is rape in
the first degree, rape in the second degree with forcible
compulsion, indecent liberties with forcible compulsion, or
kidnapping in the first degree with sexual motivation, and there
has been a finding under RCW 9.94A.838 that the victim was, at
the time of the offense, developmentally disabled, mentally
disordered, or a frail elder or vulnerable adult, the minimum
sentence shall be either the maximum of the standard sentence
range for the offense or twenty-five years, whichever is greater.
(d) The minimum terms in (c)(ii) of this subsection do not
apply to a juvenile tried as an adult pursuant to RCW 13.04.030(1)(e) (i) or (v). The minimum term for such a juvenile
shall be imposed under (c)(i) of this subsection.
(4) A person sentenced under subsection (3) of this section
shall serve the sentence in a facility or institution operated,
or utilized under contract, by the state.
(5) When a court sentences a person to the custody of the
department under this section, the court shall, in addition to
the other terms of the sentence, sentence the offender to
community custody under the supervision of the department and the
authority of the board for any period of time the person is
released from total confinement before the expiration of the
maximum sentence.
(6)(a) As part of any sentence under this section, the court
shall also require the offender to comply with any conditions
imposed by the board under RCW 9.95.420 through 9.95.435.
(b) An offender released by the board under RCW 9.95.420 is
subject to the supervision of the department until the expiration
of the maximum term of the sentence. The department shall
monitor the offender's compliance with conditions of community
custody imposed by the court, department, or board, and promptly
report any violations to the board. Any violation of conditions
of community custody established or modified by the board are
subject to the provisions of RCW 9.95.425 through 9.95.440.
[2008 c 231 § 33. Prior: 2006 c 124 § 3; (2006 c 124 § 2 expired July 1, 2006); 2006 c 122 § 5; (2006 c 122 § 4 expired July 1, 2006); 2005 c 436 § 2; 2004 c 176 § 3; prior: 2001 2nd sp.s. c 12 § 303. Formerly RCW 9.94A.712.]
NOTES:
Reviser's note: (1) This section was recodified pursuant
to the direction found in section 56(4), chapter 231, Laws of
2008.
(2) 2005 c 436 § 6 (an expiration date section) was repealed
by 2006 c 131 § 2.
Intent -- Application -- Application of repealers -- Effective date -- 2008 c 231: See notes following RCW 9.94A.701.
Severability -- 2008 c 231: See note following RCW 9.94A.500.
Expiration date -- 2006 c 124 § 2: "Section 2 of this act expires July 1, 2006." [2006 c 124 § 4.]
Effective date -- 2006 c 124: See note following RCW 9.94A.030.
Effective date -- 2006 c 122 §§ 5 and 7: "Sections 5 and 7 of this act take effect July 1, 2006." [2006 c 122 § 9.]
Expiration date -- 2006 c 122 §§ 4 and 6: "Sections 4 and 6 of this act expire July 1, 2006." [2006 c 122 § 8.]
Effective date -- 2006 c 122 §§ 1-4 and 6: See note following RCW 9.94A.836.
Severability -- Effective date--2004 c 176: See notes following RCW 9.94A.515.
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.