(1)(a) An offender is eligible to be sentenced to a work ethic camp if the offender:

     (i) Is sentenced to a term of total confinement of not less than twelve months and one day or more than thirty-six months;

     (ii) Has no current or prior convictions for any sex offenses or for violent offenses; and

     (iii) Is not currently subject to a sentence for, or being prosecuted for, a violation of felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), a violation of physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)), a violation of the uniform controlled substances act, or a criminal solicitation to commit such a violation under chapter 9A.28 or 69.50 RCW.

     (b) The length of the work ethic camp shall be at least one hundred twenty days and not more than one hundred eighty days.

     (2) If the sentencing court determines that the offender is eligible for the work ethic camp and is likely to qualify under subsection (3) of this section, the judge shall impose a sentence within the standard sentence range and may recommend that the offender serve the sentence at a work ethic camp. In sentencing an offender to the work ethic camp, the court shall specify: (a) That upon completion of the work ethic camp the offender shall be released on community custody for any remaining time of total confinement; (b) the applicable conditions of supervision on community custody status as required by RCW 9.94A.700(4) and authorized by RCW 9.94A.700(5); and (c) that violation of the conditions may result in a return to total confinement for the balance of the offender's remaining time of confinement.

     (3) The department shall place the offender in the work ethic camp program, subject to capacity, unless: (a) The department determines that the offender has physical or mental impairments that would prevent participation and completion of the program; (b) the department determines that the offender's custody level prevents placement in the program; (c) the offender refuses to agree to the terms and conditions of the program; (d) the offender has been found by the United States attorney general to be subject to a deportation detainer or order; or (e) the offender has participated in the work ethic camp program in the past.

     (4) An offender who fails to complete the work ethic camp program, who is administratively terminated from the program, or who otherwise violates any conditions of supervision, as defined by the department, shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing court and shall be subject to all rules relating to earned release time.

     (5) During the last two weeks prior to release from the work ethic camp program the department shall provide the offender with comprehensive transition training.

[2006 c 73 § 11; 2000 c 28 § 21; 1999 c 197 § 5; 1995 1st sp.s. c 19 § 20; 1993 c 338 § 4. Formerly RCW 9.94A.137.]

NOTES:

     Effective date -- 2006 c 73: See note following RCW 46.61.502.

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

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

     Findings -- Purpose -- Short title -- Severability -- Effective date -- 1995 1st sp.s. c 19: See notes following RCW 72.09.450.

     Findings -- Intent--1993 c 338: See RCW 72.09.400.

     Severability -- Effective date--1993 c 338: See notes following RCW 72.09.400.