RCW 9.94A.660
Drug offender sentencing alternative.
(Effective until August 1, 2009.)
(1) An offender is eligible
for the special drug offender sentencing alternative if:
(a) The offender is convicted of a felony that is not a
violent offense or sex offense and the violation does not involve
a sentence enhancement under RCW 9.94A.533 (3) or (4);
(b) The offender is convicted of a felony that is not a
felony driving while under the influence of intoxicating liquor
or any drug under RCW 46.61.502(6) or felony physical control of
a vehicle while under the influence of intoxicating liquor or any
drug under RCW 46.61.504(6);
(c) The offender has no current or prior convictions for a
sex offense at any time or violent offense within ten years
before conviction of the current offense, in this state, another
state, or the United States;
(d) For a violation of the Uniform Controlled Substances Act
under chapter 69.50 RCW or a criminal solicitation to commit such
a violation under chapter 9A.28 RCW, the offense involved only a
small quantity of the particular controlled substance as
determined by the judge upon consideration of such factors as the
weight, purity, packaging, sale price, and street value of the
controlled substance;
(e) The offender has not been found by the United States
attorney general to be subject to a deportation detainer or order
and does not become subject to a deportation order during the
period of the sentence;
(f) The standard sentence range for the current offense is
greater than one year; and
(g) The offender has not received a drug offender sentencing
alternative more than once in the prior ten years before the
current offense.
(2) A motion for a sentence under this section may be made
by the court, the offender, or the state. If the sentencing
court determines that the offender is eligible for this
alternative, the court may order an examination of the offender.
The examination shall, at a minimum, address the following
issues:
(a) Whether the offender suffers from drug addiction;
(b) Whether the addiction is such that there is a
probability that criminal behavior will occur in the future;
(c) Whether effective treatment for the offender's addiction
is available from a provider that has been licensed or certified
by the division of alcohol and substance abuse of the department
of social and health services; and
(d) Whether the offender and the community will benefit from
the use of the alternative.
(3) The examination report must contain:
(a) Information on the issues required to be addressed in
subsection (2) of this section; and
(b) A proposed treatment plan that must, at a minimum,
contain:
(i) A proposed treatment provider that has been licensed or
certified by the division of alcohol and substance abuse of the
department of social and health services;
(ii) The recommended frequency and length of treatment,
including both residential chemical dependency treatment and
treatment in the community;
(iii) A proposed monitoring plan, including any requirements
regarding living conditions, lifestyle requirements, and
monitoring by family members and others; and
(iv) Recommended crime-related prohibitions and affirmative
conditions.
(4) After receipt of the examination report, if the court
determines that a sentence under this section is appropriate, the
court shall waive imposition of a sentence within the standard
sentence range and impose a sentence consisting of either a
prison-based alternative under subsection (5) of this section or
a residential chemical dependency treatment-based alternative
under subsection (6) of this section. The residential chemical
dependency treatment-based alternative is only available if the
midpoint of the standard range is twenty-four months or less.
(5) The prison-based alternative shall include:
(a) A period of total confinement in a state facility for
one-half of the midpoint of the standard sentence range or twelve
months, whichever is greater. During incarceration in the state
facility, offenders sentenced under this subsection shall undergo
a comprehensive substance abuse assessment and receive, within
available resources, treatment services appropriate for the
offender. The treatment services shall be designed by the
division of alcohol and substance abuse of the department of
social and health services, in cooperation with the department of
corrections;
(b) The remainder of the midpoint of the standard range as a
term of community custody which must include appropriate
substance abuse treatment in a program that has been approved by
the division of alcohol and substance abuse of the department of
social and health services. If the department finds that
conditions have been willfully violated, the offender may be
reclassified to serve the remaining balance of the original
sentence. An offender who fails to complete the program or who
is administratively terminated from the program shall be
reclassified to serve the unexpired term of his or her sentence
as ordered by the sentencing court;
(c) Crime-related prohibitions including a condition not to
use illegal controlled substances;
(d) A requirement to submit to urinalysis or other testing
to monitor that status; and
(e) A term of community custody pursuant to RCW 9.94A.715 to
be imposed upon failure to complete or administrative termination
from the special drug offender sentencing alternative program.
(6) The residential chemical dependency treatment-based
alternative shall include:
(a) A term of community custody equal to one-half of the
midpoint of the standard sentence range or two years, whichever
is greater, conditioned on the offender entering and remaining in
residential chemical dependency treatment certified under chapter 70.96A RCW for a period set by the court between three and six
months. If the court imposes a term of community custody, the
department shall, within available resources, make chemical
dependency assessment and treatment services available to the
offender during the term of community custody. The court shall
impose, as conditions of community custody, treatment and other
conditions as proposed in the plan under subsection (3)(b) of
this section. The department may impose conditions and sanctions
as authorized in RCW 9.94A.715 (2), (3), (6), and (7), 9.94A.737,
and 9.94A.740. The court shall schedule a progress hearing
during the period of residential chemical dependency treatment,
and schedule a treatment termination hearing for three months
before the expiration of the term of community custody;
(b) Before the progress hearing and treatment termination
hearing, the treatment provider and the department shall submit
written reports to the court and parties regarding the offender's
compliance with treatment and monitoring requirements, and
recommendations regarding termination from treatment. At the
hearing, the court may:
(i) Authorize the department to terminate the offender's
community custody status on the expiration date determined under
(a) of this subsection; or
(ii) Continue the hearing to a date before the expiration
date of community custody, with or without modifying the
conditions of community custody; or
(iii) Impose a term of total confinement equal to one-half
the midpoint of the standard sentence range, followed by a term
of community custody under RCW 9.94A.715;
(c) If the court imposes a term of total confinement under
(b)(iii) of this subsection, the department shall, within
available resources, make chemical dependency assessment and
treatment services available to the offender during the terms of
total confinement and community custody.
(7) If the court imposes a sentence under this section, the
court may prohibit the offender from using alcohol or controlled
substances and may require that the monitoring for controlled
substances be conducted by the department or by a treatment
alternatives to street crime program or a comparable court or
agency-referred program. The offender may be required to pay
thirty dollars per month while on community custody to offset the
cost of monitoring. In addition, the court may impose any of the
following conditions:
(a) Devote time to a specific employment or training;
(b) Remain within prescribed geographical boundaries and
notify the court or the community corrections officer before any
change in the offender's address or employment;
(c) Report as directed to a community corrections officer;
(d) Pay all court-ordered legal financial obligations;
(e) Perform community restitution work;
(f) Stay out of areas designated by the sentencing court;
(g) Such other conditions as the court may require such as
affirmative conditions.
(8)(a) The court may bring any offender sentenced under this
section back into court at any time on its own initiative to
evaluate the offender's progress in treatment or to determine if
any violations of the conditions of the sentence have occurred.
(b) If the offender is brought back to court, the court may
modify the terms of the community custody or impose sanctions
under (c) of this subsection.
(c) The court may order the offender to serve a term of
total confinement within the standard range of the offender's
current offense at any time during the period of community
custody if the offender violates the conditions of the sentence
or if the offender is failing to make satisfactory progress in
treatment.
(d) An offender ordered to serve a term of total confinement
under (c) of this subsection shall receive credit for any time
previously served under this section.
(9) If an offender sentenced to the prison-based alternative
under subsection (5) of this section is found by the United
States attorney general to be subject to a deportation order, a
hearing shall be held by the department unless waived by the
offender, and, if the department finds that the offender is
subject to a valid deportation order, the department may
administratively terminate the offender from the program and
reclassify the offender to serve the remaining balance of the
original sentence.
(10) An offender sentenced under this section shall be
subject to all rules relating to earned release time with respect
to any period served in total confinement.
(11) Costs of examinations and preparing treatment plans
under subsections (2) and (3) of this section may be paid, at the
option of the county, from funds provided to the county from the
criminal justice treatment account under RCW 70.96A.350.
[2006 c 339 § 302; 2006 c 73 § 10; 2005 c 460 § 1. Prior: 2002 c 290 § 20; 2002 c 175 § 10; 2001 c 10 § 4; 2000 c 28 § 19.]
NOTES:
Reviser's note: This section was amended by 2006 c 73 § 10 and by 2006 c 339 § 302, each without reference to the other. Both 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).
Intent -- Part headings not law -- 2006 c 339: See notes following RCW 70.96A.325.
Effective date -- 2006 c 73: See note following RCW 46.61.502.
Application -- 2005 c 460: "This act applies to sentences imposed on or after October 1, 2005." [2005 c 460 § 2.]
Effective date -- 2005 c 460: "This act takes effect October 1, 2005." [2005 c 460 § 3.]
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.
Effective date -- 2002 c 175: See note following RCW 7.80.130.
Intent -- Effective date -- 2001 c 10: See notes following RCW 9.94A.505.
Technical correction bill -- 2000 c 28: See note following RCW 9.94A.015.
RCW 9.94A.660
Drug offender sentencing alternative.
(Effective August 1, 2009.)
(1) An offender is eligible for the
special drug offender sentencing alternative if:
(a) The offender is convicted of a felony that is not a
violent offense or sex offense and the violation does not involve
a sentence enhancement under RCW 9.94A.533 (3) or (4);
(b) The offender is convicted of a felony that is not a
felony driving while under the influence of intoxicating liquor
or any drug under RCW 46.61.502(6) or felony physical control of
a vehicle while under the influence of intoxicating liquor or any
drug under RCW 46.61.504(6);
(c) The offender has no current or prior convictions for a
sex offense at any time or violent offense within ten years
before conviction of the current offense, in this state, another
state, or the United States;
(d) For a violation of the Uniform Controlled Substances Act
under chapter 69.50 RCW or a criminal solicitation to commit such
a violation under chapter 9A.28 RCW, the offense involved only a
small quantity of the particular controlled substance as
determined by the judge upon consideration of such factors as the
weight, purity, packaging, sale price, and street value of the
controlled substance;
(e) The offender has not been found by the United States
attorney general to be subject to a deportation detainer or order
and does not become subject to a deportation order during the
period of the sentence;
(f) The standard sentence range for the current offense is
greater than one year; and
(g) The offender has not received a drug offender sentencing
alternative more than once in the prior ten years before the
current offense.
(2) A motion for a sentence under this section may be made
by the court, the offender, or the state. If the sentencing
court determines that the offender is eligible for this
alternative, the court may order an examination of the offender.
The examination shall, at a minimum, address the following
issues:
(a) Whether the offender suffers from drug addiction;
(b) Whether the addiction is such that there is a
probability that criminal behavior will occur in the future;
(c) Whether effective treatment for the offender's addiction
is available from a provider that has been licensed or certified
by the division of alcohol and substance abuse of the department
of social and health services; and
(d) Whether the offender and the community will benefit from
the use of the alternative.
(3) The examination report must contain:
(a) Information on the issues required to be addressed in
subsection (2) of this section; and
(b) A proposed treatment plan that must, at a minimum,
contain:
(i) A proposed treatment provider that has been licensed or
certified by the division of alcohol and substance abuse of the
department of social and health services;
(ii) The recommended frequency and length of treatment,
including both residential chemical dependency treatment and
treatment in the community;
(iii) A proposed monitoring plan, including any requirements
regarding living conditions, lifestyle requirements, and
monitoring by family members and others; and
(iv) Recommended crime-related prohibitions and affirmative
conditions.
(4) After receipt of the examination report, if the court
determines that a sentence under this section is appropriate, the
court shall waive imposition of a sentence within the standard
sentence range and impose a sentence consisting of either a
prison-based alternative under subsection (5) of this section or
a residential chemical dependency treatment-based alternative
under subsection (6) of this section. The residential chemical
dependency treatment-based alternative is only available if the
midpoint of the standard range is twenty-four months or less.
(5) The prison-based alternative shall include:
(a) A period of total confinement in a state facility for
one-half of the midpoint of the standard sentence range or twelve
months, whichever is greater. During incarceration in the state
facility, offenders sentenced under this subsection shall undergo
a comprehensive substance abuse assessment and receive, within
available resources, treatment services appropriate for the
offender. The treatment services shall be designed by the
division of alcohol and substance abuse of the department of
social and health services, in cooperation with the department of
corrections;
(b) The remainder of the midpoint of the standard range as a
term of community custody which must include appropriate
substance abuse treatment in a program that has been approved by
the division of alcohol and substance abuse of the department of
social and health services. If the department finds that
conditions of community custody have been willfully violated, the
offender may be reclassified to serve the remaining balance of
the original sentence. An offender who fails to complete the
program or who is administratively terminated from the program
shall be reclassified to serve the unexpired term of his or her
sentence as ordered by the sentencing court;
(c) Crime-related prohibitions including a condition not to
use illegal controlled substances;
(d) A requirement to submit to urinalysis or other testing
to monitor that status; and
(e) A term of community custody pursuant to RCW 9.94A.701 to
be imposed upon failure to complete or administrative termination
from the special drug offender sentencing alternative program.
(6) The residential chemical dependency treatment-based
alternative shall include:
(a) A term of community custody equal to one-half of the
midpoint of the standard sentence range or two years, whichever
is greater, conditioned on the offender entering and remaining in
residential chemical dependency treatment certified under chapter 70.96A RCW for a period set by the court between three and six
months. If the court imposes a term of community custody, the
department shall, within available resources, make chemical
dependency assessment and treatment services available to the
offender during the term of community custody. The court shall
impose, as conditions of community custody, treatment and other
conditions as proposed in the plan under subsection (3)(b) of
this section. The court shall schedule a progress hearing during
the period of residential chemical dependency treatment, and
schedule a treatment termination hearing for three months before
the expiration of the term of community custody;
(b) Before the progress hearing and treatment termination
hearing, the treatment provider and the department shall submit
written reports to the court and parties regarding the offender's
compliance with treatment and monitoring requirements, and
recommendations regarding termination from treatment. At the
hearing, the court may:
(i) Authorize the department to terminate the offender's
community custody status on the expiration date determined under
(a) of this subsection; or
(ii) Continue the hearing to a date before the expiration
date of community custody, with or without modifying the
conditions of community custody; or
(iii) Impose a term of total confinement equal to one-half
the midpoint of the standard sentence range, followed by a term
of community custody under RCW 9.94A.701;
(c) If the court imposes a term of total confinement under
(b)(iii) of this subsection, the department shall, within
available resources, make chemical dependency assessment and
treatment services available to the offender during the terms of
total confinement and community custody.
(7) The offender may be required to pay thirty dollars per
month while on community custody to offset the cost of monitoring
for alcohol or controlled substances.
(8) The court may impose any of the following conditions:
(a) Pay all court-ordered legal financial obligations; or
(b) Perform community restitution work.
(9)(a) The court may bring any offender sentenced under this
section back into court at any time on its own initiative to
evaluate the offender's progress in treatment or to determine if
any violations of the conditions of the sentence have occurred.
(b) If the offender is brought back to court, the court may
modify the conditions of the community custody or impose
sanctions under (c) of this subsection.
(c) The court may order the offender to serve a term of
total confinement within the standard range of the offender's
current offense at any time during the period of community
custody if the offender violates the conditions or requirements
of the sentence or if the offender is failing to make
satisfactory progress in treatment.
(d) An offender ordered to serve a term of total confinement
under (c) of this subsection shall receive credit for any time
previously served under this section.
(10) In serving a term of community custody imposed upon
failure to complete, or administrative termination from, the
special drug offender sentencing alternative program, the
offender shall receive no credit for time served in community
custody prior to termination of the offender's participation in
the program.
(11) If an offender sentenced to the prison-based
alternative under subsection (5) of this section is found by the
United States attorney general to be subject to a deportation
order, a hearing shall be held by the department unless waived by
the offender, and, if the department finds that the offender is
subject to a valid deportation order, the department may
administratively terminate the offender from the program and
reclassify the offender to serve the remaining balance of the
original sentence.
(12) An offender sentenced under this section shall be
subject to all rules relating to earned release time with respect
to any period served in total confinement.
(13) Costs of examinations and preparing treatment plans
under subsections (2) and (3) of this section may be paid, at the
option of the county, from funds provided to the county from the
criminal justice treatment account under RCW 70.96A.350.
[2008 c 231 § 30. Prior: 2006 c 339 § 302; 2006 c 73 § 10; 2005 c 460 § 1; prior: 2002 c 290 § 20; 2002 c 175 § 10; 2001 c 10 § 4; 2000 c 28 § 19.]
NOTES:
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.
Intent -- Part headings not law -- 2006 c 339: See notes following RCW 70.96A.325.
Effective date -- 2006 c 73: See note following RCW 46.61.502.
Application -- 2005 c 460: "This act applies to sentences imposed on or after October 1, 2005." [2005 c 460 § 2.]
Effective date -- 2005 c 460: "This act takes effect October 1, 2005." [2005 c 460 § 3.]
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.
Effective date -- 2002 c 175: See note following RCW 7.80.130.
Intent -- Effective date -- 2001 c 10: See notes following RCW 9.94A.505.
Technical correction bill -- 2000 c 28: See note following RCW 9.94A.015.