RCW 9.94A.701
Community custody -- Offenders sentenced to the
custody of the department. (Effective August 1, 2009.)
(1) If
an offender is sentenced to the custody of the department for one
of the following crimes, the court shall impose a term of
community custody for the community custody range established
under RCW 9.94A.850 or up to the period of earned release awarded
pursuant to RCW 9.94A.728 (1) and (2), whichever is longer:
(a) A sex offense not sentenced under *RCW 9.94A.712;
(b) A violent offense;
(c) A crime against persons under RCW 9.94A.411(2);
(d) A felony offender under chapter 69.50 or 69.52 RCW.
(2) If an offender is sentenced to a term of confinement of
one year or less for a violation of RCW 9A.44.130(11)(a), the
court shall impose a term of community custody for the community
custody range established under RCW 9.94A.850 or up to the period
of earned release awarded pursuant to RCW 9.94A.728 (1) and (2),
whichever is longer.
(3) If an offender is sentenced under the drug offender
sentencing alternative, the court shall impose community custody
as provided in RCW 9.94A.660.
(4) If an offender is sentenced under the special sexual
offender sentencing alternative, the court shall impose community
custody as provided in RCW 9.94A.670.
(5) If an offender is sentenced to a work ethic camp, the
court shall impose community custody as provided in RCW 9.94A.690.
(6) If a sex offender is sentenced as a nonpersistent
offender pursuant to *RCW 9.94A.712, the court shall impose
community custody as provided in that section.
[2008 c 231 § 7.]
NOTES:
*Reviser's note: RCW 9.94A.712 was recodified as RCW 9.94A.507 pursuant to the direction found in section 56(4), chapter 231, Laws of 2008, effective August 1, 2009.
Intent -- 2008 c 231: "The existing sentencing reform act
contains numerous provisions for supervision of different types
of offenders. This duplication has caused great confusion for
judges, lawyers, offenders, and the department of corrections,
and often results in inaccurate sentences. The clarifications in
this act are intended to support continued discussions by the
sentencing guidelines commission with the courts and the criminal
justice community to identify and propose policy changes that
will further simplify and improve the sentencing reform act
relating to the supervision of offenders. The sentencing
guidelines commission shall submit policy change proposals to the
legislature on or before December 1, 2008.
Sections 7 through 58 of this act are intended to simplify
the supervision provisions of the sentencing reform act and
increase the uniformity of its application. These sections are
not intended to either increase or decrease the authority of
sentencing courts or the department relating to supervision,
except for those provisions instructing the court to apply the
provisions of the current community custody law to offenders
sentenced after July 1, 2009, but who committed their crime prior
to August 1, 2009, to the extent that such application is
constitutionally permissible.
This will effect a change for offenders who committed their
crimes prior to the offender accountability act, chapter 196,
Laws of 1999. These offenders will be ordered to a term of
community custody rather than community placement or community
supervision. To the extent constitutionally permissible, the
terms of the offender's supervision will be as provided in
current law. With the exception of this change, the legislature
does not intend to make, and no provision of sections 7 through
58 of this act may be construed as making, a substantive change
to the supervision provisions of the sentencing reform act.
It is the intent of the legislature to reaffirm that section
3, chapter 379, Laws of 2003, expires July 1, 2010." [2008 c 231
§ 6.]
Application -- 2008 c 231 §§ 6-58: "(1) Sections 6 through 58
of this act apply to all sentences imposed or reimposed on or
after August 1, 2009, for any crime committed on or after August
1, 2009.
(2) Sections 6 through 58 of this act also apply to all
sentences imposed or reimposed on or after August 1, 2009, for
crimes committed prior to August 1, 2009, to the extent that such
application is constitutionally permissible.
(3) To the extent that application of sections 6 through 58
of this act is not constitutionally permissible with respect to
any offender, the sentence for such offender shall be governed by
the law as it existed before August 1, 2009, or on such prior
date as may be constitutionally required, notwithstanding any
amendment or repeal of provisions of such law.
(4) If application of sections 6 through 58 of this act is
not constitutionally permissible with respect to any offender,
the judgment and sentence shall specify the particular sentencing
provisions that will not apply to such offender. Whenever
practical, the judgment and sentence shall use the terminology
set out in this act.
(5) The sentencing guidelines commission shall prepare a
summary of the circumstances under which application of sections
6 through 58 of this act is not constitutionally permissible.
The summary should include recommendations of conditions that
could be included in judgments and sentences in order to prevent
unconstitutional application of the act. This summary shall be
incorporated into the Adult Sentencing Guidelines Manual.
(6) Sections 6 through 58 of this act shall not affect the
enforcement of any sentence that was imposed prior to August 1,
2009, unless the offender is resentenced after that date." [2008
c 231 § 55.]
Application of repealers -- 2008 c 231 § 57: "The repealers in section 57 of this act shall not affect the validity of any sentence that was imposed prior to August 1, 2009, or the authority of the department of corrections to supervise any offender pursuant to such sentence." [2008 c 231 § 58.]
Effective date -- 2008 c 231 §§ 6-60: "Sections 6 through 60 of this act take effect August 1, 2009." [2008 c 231 § 61.]
Severability -- 2008 c 231: See note following RCW 9.94A.500.