No person serving a sentence imposed
pursuant to this chapter and committed to the custody of the
department shall leave the confines of the correctional facility
or be released prior to the expiration of the sentence except as
follows:
(1) Except as otherwise provided for in subsection (2) of
this section, the term of the sentence of an offender committed
to a correctional facility operated by the department may be
reduced by earned release time in accordance with procedures that
shall be developed and promulgated by the correctional agency
having jurisdiction in which the offender is confined. The
earned release time shall be for good behavior and good
performance, as determined by the correctional agency having
jurisdiction. The correctional agency shall not credit the
offender with earned release credits in advance of the offender
actually earning the credits. Any program established pursuant
to this section shall allow an offender to earn early release
credits for presentence incarceration. If an offender is
transferred from a county jail to the department, the
administrator of a county jail facility shall certify to the
department the amount of time spent in custody at the facility
and the amount of earned release time. The department may
approve a jail certification from a correctional agency that
calculates earned release time based on the actual amount of
confinement time served by the offender before sentencing when an
erroneous calculation of confinement time served by the offender
before sentencing appears on the judgment and sentence. An
offender who has been convicted of a felony committed after July
23, 1995, that involves any applicable deadly weapon enhancements
under RCW 9.94A.533 (3) or (4), or both, shall not receive any
good time credits or earned release time for that portion of his
or her sentence that results from any deadly weapon enhancements.
(a) In the case of an offender convicted of a serious
violent offense, or a sex offense that is a class A felony,
committed on or after July 1, 1990, and before July 1, 2003, the
aggregate earned release time may not exceed fifteen percent of
the sentence. In the case of an offender convicted of a serious
violent offense, or a sex offense that is a class A felony,
committed on or after July 1, 2003, the aggregate earned release
time may not exceed ten percent of the sentence.
(b)(i) In the case of an offender who qualifies under
(b)(ii) of this subsection, the aggregate earned release time may
not exceed fifty percent of the sentence.
(ii) An offender is qualified to earn up to fifty percent of
aggregate earned release time under this subsection (1)(b) if he
or she:
(A) Is classified in one of the two lowest risk categories
under (b)(iii) of this subsection;
(B) Is not confined pursuant to a sentence for:
(I) A sex offense;
(II) A violent offense;
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW 10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) 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
(VII) A violation of, or an attempt, solicitation, or
conspiracy to violate, RCW 69.50.406 (delivery of a controlled
substance to a minor); (C) Has no prior conviction for:
(I) A sex offense;
(II) A violent offense;
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW 10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) 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
(VII) A violation of, or an attempt, solicitation, or
conspiracy to violate, RCW 69.50.406 (delivery of a controlled
substance to a minor);
(D) Participates in programming or activities as directed by
the offender's individual reentry plan as provided under RCW 72.09.270 to the extent that such programming or activities are
made available by the department; and
(E) Has not committed a new felony after July 22, 2007,
while under community custody.
(iii) For purposes of determining an offender's eligibility
under this subsection (1)(b), the department shall perform a risk
assessment of every offender committed to a correctional facility
operated by the department who has no current or prior conviction
for a sex offense, a violent offense, a crime against persons as
defined in RCW 9.94A.411, a felony that is domestic violence as
defined in RCW 10.99.020, a violation of RCW 9A.52.025
(residential burglary), 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 a violation of, or an attempt, solicitation,
or conspiracy to violate, RCW 69.50.406 (delivery of a controlled
substance to a minor). The department must classify each
assessed offender in one of four risk categories between highest
and lowest risk.
(iv) The department shall recalculate the earned release
time and reschedule the expected release dates for each qualified
offender under this subsection (1)(b).
(v) This subsection (1)(b) applies retroactively to eligible
offenders serving terms of total confinement in a state
correctional facility as of July 1, 2003.
(vi) This subsection (1)(b) does not apply to offenders
convicted after July 1, 2010.
(c) In no other case shall the aggregate earned release time
exceed one-third of the total sentence;
(2)(a) A person convicted of a sex offense, a violent
offense, any crime against persons under RCW 9.94A.411(2), or a
felony offense under chapter 69.50 or 69.52 RCW, may become
eligible, in accordance with a program developed by the
department, for transfer to community custody in lieu of earned
release time pursuant to subsection (1) of this section;
(b) The department shall, as a part of its program for
release to the community in lieu of earned release, require the
offender to propose a release plan that includes an approved
residence and living arrangement. All offenders with community
custody terms eligible for release to community custody in lieu
of earned release shall provide an approved residence and living
arrangement prior to release to the community;
(c) The department may deny transfer to community custody in
lieu of earned release time pursuant to subsection (1) of this
section if the department determines an offender's release plan,
including proposed residence location and living arrangements,
may violate the conditions of the sentence or conditions of
supervision, place the offender at risk to violate the conditions
of the sentence, place the offender at risk to reoffend, or
present a risk to victim safety or community safety. The
department's authority under this section is independent of any
court-ordered condition of sentence or statutory provision
regarding conditions for community custody;
(d) If the department denies transfer to community custody
in lieu of earned early release pursuant to (c) of this
subsection, the department may transfer an offender to partial
confinement in lieu of earned early release up to three months.
The three months in partial confinement is in addition to that
portion of the offender's term of confinement that may be served
in partial confinement as provided in this section;
(e) An offender serving a term of confinement imposed under
RCW 9.94A.670(5)(a) is not eligible for earned release credits
under this section;
(3) An offender may leave a correctional facility pursuant
to an authorized furlough or leave of absence. In addition,
offenders may leave a correctional facility when in the custody
of a corrections officer or officers;
(4)(a) The secretary may authorize an extraordinary medical
placement for an offender when all of the following conditions
exist:
(i) The offender has a medical condition that is serious
enough to require costly care or treatment;
(ii) The offender poses a low risk to the community because
he or she is physically incapacitated due to age or the medical
condition; and
(iii) Granting the extraordinary medical placement will
result in a cost savings to the state.
(b) An offender sentenced to death or to life imprisonment
without the possibility of release or parole is not eligible for
an extraordinary medical placement.
(c) The secretary shall require electronic monitoring for
all offenders in extraordinary medical placement unless the
electronic monitoring equipment interferes with the function of
the offender's medical equipment or results in the loss of
funding for the offender's medical care. The secretary shall
specify who shall provide the monitoring services and the terms
under which the monitoring shall be performed.
(d) The secretary may revoke an extraordinary medical
placement under this subsection at any time;
(5) The governor, upon recommendation from the clemency and
pardons board, may grant an extraordinary release for reasons of
serious health problems, senility, advanced age, extraordinary
meritorious acts, or other extraordinary circumstances;
(6) No more than the final six months of the offender's term
of confinement may be served in partial confinement designed to
aid the offender in finding work and reestablishing himself or
herself in the community. This is in addition to that period of
earned early release time that may be exchanged for partial
confinement pursuant to subsection (2)(d) of this section;
(7) The governor may pardon any offender;
(8) The department may release an offender from confinement
any time within ten days before a release date calculated under
this section;
(9) An offender may leave a correctional facility prior to
completion of his or her sentence if the sentence has been
reduced as provided in RCW 9.94A.870; and
(10) Notwithstanding any other provisions of this section,
an offender sentenced for a felony crime listed in RCW 9.94A.540
as subject to a mandatory minimum sentence of total confinement
shall not be released from total confinement before the
completion of the listed mandatory minimum sentence for that
felony crime of conviction unless allowed under RCW 9.94A.540,
however persistent offenders are not eligible for extraordinary
medical placement.
[2009 c 399 § 1; 2008 c 231 § 34; 2007 c 483 § 304; 2004 c 176 § 6; 2003 c 379 § 1. Prior: 2002 c 290 § 21; 2002 c 50 § 2; 2000 c 28 § 28; prior: 1999 c 324 § 1; 1999 c 37 § 1; 1996 c 199 § 2; 1995 c 129 § 7 (Initiative Measure No. 159); 1992 c 145 § 8; 1990 c 3 § 202; 1989 c 248 § 2; prior: 1988 c 153 § 3; 1988 c 3 § 1; 1984 c 209 § 8; 1982 c 192 § 6; 1981 c 137 § 15. Formerly RCW 9.94A.150.]
NOTES:
Effective date -- 2009 c 399: "This act takes effect August 1, 2009." [2009 c 399 § 2.]
RCW 9.94A.728
Release prior to expiration of sentence (as
amended by 2009 c 441).
No person serving a sentence imposed
pursuant to this chapter and committed to the custody of the
department shall leave the confines of the correctional facility
or be released prior to the expiration of the sentence except as
follows:
(1) Except as otherwise provided for in subsection (2) of
this section, the term of the sentence of an offender committed
to a correctional facility operated by the department may be
reduced by earned release time in accordance with procedures that
shall be developed and promulgated by the correctional agency
having jurisdiction in which the offender is confined. The
earned release time shall be for good behavior and good
performance, as determined by the correctional agency having
jurisdiction. The correctional agency shall not credit the
offender with earned release credits in advance of the offender
actually earning the credits. Any program established pursuant
to this section shall allow an offender to earn early release
credits for presentence incarceration. If an offender is
transferred from a county jail to the department, the
administrator of a county jail facility shall certify to the
department the amount of time spent in custody at the facility
and the amount of earned release time. An offender who has been
convicted of a felony committed after July 23, 1995, that
involves any applicable deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, shall not receive any good time
credits or earned release time for that portion of his or her
sentence that results from any deadly weapon enhancements.
(a) In the case of an offender convicted of a serious
violent offense, or a sex offense that is a class A felony,
committed on or after July 1, 1990, and before July 1, 2003, the
aggregate earned release time may not exceed fifteen percent of
the sentence. In the case of an offender convicted of a serious
violent offense, or a sex offense that is a class A felony,
committed on or after July 1, 2003, the aggregate earned release
time may not exceed ten percent of the sentence.
(b)(i) In the case of an offender who qualifies under
(b)(ii) of this subsection, the aggregate earned release time may
not exceed fifty percent of the sentence.
(ii) An offender is qualified to earn up to fifty percent of
aggregate earned release time under this subsection (1)(b) if he
or she:
(A) Is classified in one of the two lowest risk categories
under (b)(iii) of this subsection;
(B) Is not confined pursuant to a sentence for:
(I) A sex offense;
(II) A violent offense;
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW 10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) 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
(VII) A violation of, or an attempt, solicitation, or
conspiracy to violate, RCW 69.50.406 (delivery of a controlled
substance to a minor); (C) Has no prior conviction for:
(I) A sex offense;
(II) A violent offense;
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW 10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) 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
(VII) A violation of, or an attempt, solicitation, or
conspiracy to violate, RCW 69.50.406 (delivery of a controlled
substance to a minor);
(D) Participates in programming or activities as directed by
the offender's individual reentry plan as provided under RCW 72.09.270 to the extent that such programming or activities are
made available by the department; and
(E) Has not committed a new felony after July 22, 2007,
while under community custody.
(iii) For purposes of determining an offender's eligibility
under this subsection (1)(b), the department shall perform a risk
assessment of every offender committed to a correctional facility
operated by the department who has no current or prior conviction
for a sex offense, a violent offense, a crime against persons as
defined in RCW 9.94A.411, a felony that is domestic violence as
defined in RCW 10.99.020, a violation of RCW 9A.52.025
(residential burglary), 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 a violation of, or an attempt, solicitation,
or conspiracy to violate, RCW 69.50.406 (delivery of a controlled
substance to a minor). The department must classify each
assessed offender in one of four risk categories between highest
and lowest risk.
(iv) The department shall recalculate the earned release
time and reschedule the expected release dates for each qualified
offender under this subsection (1)(b).
(v) This subsection (1)(b) applies retroactively to eligible
offenders serving terms of total confinement in a state
correctional facility as of July 1, 2003.
(vi) This subsection (1)(b) does not apply to offenders
convicted after July 1, 2010.
(c) In no other case shall the aggregate earned release time
exceed one-third of the total sentence;
(2)(a) A person convicted of a sex offense, a violent
offense, any crime against persons under RCW 9.94A.411(2), or a
felony offense under chapter 69.50 or 69.52 RCW, may become
eligible, in accordance with a program developed by the
department, for transfer to community custody in lieu of earned
release time pursuant to subsection (1) of this section;
(b) The department shall, as a part of its program for
release to the community in lieu of earned release, require the
offender to propose a release plan that includes an approved
residence and living arrangement. All offenders with community
custody terms eligible for release to community custody in lieu
of earned release shall provide an approved residence and living
arrangement prior to release to the community;
(c) The department may deny transfer to community custody in
lieu of earned release time pursuant to subsection (1) of this
section if the department determines an offender's release plan,
including proposed residence location and living arrangements,
may violate the conditions of the sentence or conditions of
supervision, place the offender at risk to violate the conditions
of the sentence, place the offender at risk to reoffend, or
present a risk to victim safety or community safety. The
department's authority under this section is independent of any
court-ordered condition of sentence or statutory provision
regarding conditions for community custody;
(d) If the department denies transfer to community custody
in lieu of earned early release pursuant to (c) of this
subsection, the department may transfer an offender to partial
confinement in lieu of earned early release up to three months.
The three months in partial confinement is in addition to that
portion of the offender's term of confinement that may be served
in partial confinement as provided in this section;
(e) An offender serving a term of confinement imposed under
RCW 9.94A.670(5)(a) is not eligible for earned release credits
under this section;
(3) An offender may leave a correctional facility pursuant
to an authorized furlough or leave of absence. In addition,
offenders may leave a correctional facility when in the custody
of a corrections officer or officers;
(4)(a) The secretary may authorize an extraordinary medical
placement for an offender when all of the following conditions
exist:
(i) The offender has a medical condition that is serious
((enough)) and is expected to require costly care or treatment;
(ii) The offender poses a low risk to the community because
he or she is currently physically incapacitated due to age or the
medical condition or is expected to be so at the time of release;
and
(iii) It is expected that granting the extraordinary medical
placement will result in a cost savings to the state.
(b) An offender sentenced to death or to life imprisonment
without the possibility of release or parole is not eligible for
an extraordinary medical placement.
(c) The secretary shall require electronic monitoring for
all offenders in extraordinary medical placement unless the
electronic monitoring equipment interferes with the function of
the offender's medical equipment or results in the loss of
funding for the offender's medical care, in which case, an
alternative type of monitoring shall be utilized. The secretary
shall specify who shall provide the monitoring services and the
terms under which the monitoring shall be performed.
(d) The secretary may revoke an extraordinary medical
placement under this subsection at any time;
(5) The governor, upon recommendation from the clemency and
pardons board, may grant an extraordinary release for reasons of
serious health problems, senility, advanced age, extraordinary
meritorious acts, or other extraordinary circumstances;
(6) No more than the final six months of the offender's term
of confinement may be served in partial confinement designed to
aid the offender in finding work and reestablishing himself or
herself in the community. This is in addition to that period of
earned early release time that may be exchanged for partial
confinement pursuant to subsection (2)(d) of this section;
(7) The governor may pardon any offender;
(8) The department may release an offender from confinement
any time within ten days before a release date calculated under
this section;
(9) An offender may leave a correctional facility prior to
completion of his or her sentence if the sentence has been
reduced as provided in RCW 9.94A.870; and
(10) Notwithstanding any other provisions of this section,
an offender sentenced for a felony crime listed in RCW 9.94A.540
as subject to a mandatory minimum sentence of total confinement
shall not be released from total confinement before the
completion of the listed mandatory minimum sentence for that
felony crime of conviction unless allowed under RCW 9.94A.540,
however persistent offenders are not eligible for extraordinary
medical placement.
[2009 c 441 § 1; 2008 c 231 § 34; 2007 c 483 § 304; 2004 c 176 § 6; 2003 c 379 § 1. Prior: 2002 c 290 § 21; 2002 c 50 § 2; 2000 c 28 § 28; prior: 1999 c 324 § 1; 1999 c 37 § 1; 1996 c 199 § 2; 1995 c 129 § 7 (Initiative Measure No. 159); 1992 c 145 § 8; 1990 c 3 § 202; 1989 c 248 § 2; prior: 1988 c 153 § 3; 1988 c 3 § 1; 1984 c 209 § 8; 1982 c 192 § 6; 1981 c 137 § 15. Formerly RCW 9.94A.150.]
NOTES:
Effective date -- 2009 c 441: "This act takes effect August 1, 2009." [2009 c 441 § 2.]
RCW 9.94A.728
Release prior to expiration of sentence (as
amended by 2009 c 455).
No person serving a sentence imposed
pursuant to this chapter and committed to the custody of the
department shall leave the confines of the correctional facility
or be released prior to the expiration of the sentence except as
follows:
(1) ((Except as otherwise provided for in subsection (2) of
this section, the term of the sentence of an offender committed
to a correctional facility operated by the department may be
reduced by earned release time in accordance with procedures that
shall be developed and promulgated by the correctional agency
having jurisdiction in which the offender is confined. The
earned release time shall be for good behavior and good
performance, as determined by the correctional agency having
jurisdiction. The correctional agency shall not credit the
offender with earned release credits in advance of the offender
actually earning the credits. Any program established pursuant
to this section shall allow an offender to earn early release
credits for presentence incarceration. If an offender is
transferred from a county jail to the department, the
administrator of a county jail facility shall certify to the
department the amount of time spent in custody at the facility
and the amount of earned release time. An offender who has been
convicted of a felony committed after July 23, 1995, that
involves any applicable deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, shall not receive any good time
credits or earned release time for that portion of his or her
sentence that results from any deadly weapon enhancements.)) An offender may earn early release time as authorized
by RCW 9.94A.729;
(a) In the case of an offender convicted of a serious
violent offense, or a sex offense that is a class A felony,
committed on or after July 1, 1990, and before July 1, 2003, the
aggregate earned release time may not exceed fifteen percent of
the sentence. In the case of an offender convicted of a serious
violent offense, or a sex offense that is a class A felony,
committed on or after July 1, 2003, the aggregate earned release
time may not exceed ten percent of the sentence.
(b)(i) In the case of an offender who qualifies under
(b)(ii) of this subsection, the aggregate earned release time may
not exceed fifty percent of the sentence.
(ii) An offender is qualified to earn up to fifty percent of
aggregate earned release time under this subsection (1)(b) if he
or she:
(A) Is classified in one of the two lowest risk categories
under (b)(iii) of this subsection;
(B) Is not confined pursuant to a sentence for:
(I) A sex offense;
(II) A violent offense;
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW 10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) 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
(VII) A violation of, or an attempt, solicitation, or
conspiracy to violate, RCW 69.50.406 (delivery of a controlled
substance to a minor); (C) Has no prior conviction for:
(I) A sex offense;
(II) A violent offense;
(III) A crime against persons as defined in RCW 9.94A.411;
(IV) A felony that is domestic violence as defined in RCW 10.99.020;
(V) A violation of RCW 9A.52.025 (residential burglary);
(VI) 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
(VII) A violation of, or an attempt, solicitation, or
conspiracy to violate, RCW 69.50.406 (delivery of a controlled
substance to a minor);
(D) Participates in programming or activities as directed by
the offender's individual reentry plan as provided under RCW 72.09.270 to the extent that such programming or activities are
made available by the department; and
(E) Has not committed a new felony after July 22, 2007,
while under community custody.
(iii) For purposes of determining an offender's eligibility
under this subsection (1)(b), the department shall perform a risk
assessment of every offender committed to a correctional facility
operated by the department who has no current or prior conviction
for a sex offense, a violent offense, a crime against persons as
defined in RCW 9.94A.411, a felony that is domestic violence as
defined in RCW 10.99.020, a violation of RCW 9A.52.025
(residential burglary), 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 a violation of, or an attempt, solicitation,
or conspiracy to violate, RCW 69.50.406 (delivery of a controlled
substance to a minor). The department must classify each
assessed offender in one of four risk categories between highest
and lowest risk.
(iv) The department shall recalculate the earned release
time and reschedule the expected release dates for each qualified
offender under this subsection (1)(b).
(v) This subsection (1)(b) applies retroactively to eligible
offenders serving terms of total confinement in a state
correctional facility as of July 1, 2003.
(vi) This subsection (1)(b) does not apply to offenders
convicted after July 1, 2010.
(c) In no other case shall the aggregate earned release time
exceed one-third of the total sentence;
(2)(a) A person convicted of a sex offense, a violent
offense, any crime against persons under RCW 9.94A.411(2), or a
felony offense under chapter 69.50 or 69.52 RCW, may become
eligible, in accordance with a program developed by the
department, for transfer to community custody in lieu of earned
release time pursuant to subsection (1) of this section;
(b) The department shall, as a part of its program for
release to the community in lieu of earned release, require the
offender to propose a release plan that includes an approved
residence and living arrangement. All offenders with community
custody terms eligible for release to community custody in lieu
of earned release shall provide an approved residence and living
arrangement prior to release to the community;
(c) The department may deny transfer to community custody in
lieu of earned release time pursuant to subsection (1) of this
section if the department determines an offender's release plan,
including proposed residence location and living arrangements,
may violate the conditions of the sentence or conditions of
supervision, place the offender at risk to violate the conditions
of the sentence, place the offender at risk to reoffend, or
present a risk to victim safety or community safety. The
department's authority under this section is independent of any
court-ordered condition of sentence or statutory provision
regarding conditions for community custody;
(d) If the department denies transfer to community custody
in lieu of earned early release pursuant to (c) of this
subsection, the department may transfer an offender to partial
confinement in lieu of earned early release up to three months.
The three months in partial confinement is in addition to that
portion of the offender's term of confinement that may be served
in partial confinement as provided in this section;
(e) An offender serving a term of confinement imposed under
RCW 9.94A.670(5)(a) is not eligible for earned release credits
under this section;
(3)
(2) An offender may leave a correctional facility pursuant
to an authorized furlough or leave of absence. In addition,
offenders may leave a correctional facility when in the custody
of a corrections officer or officers;
(((4))) (3)(a) The secretary may authorize an extraordinary
medical placement for an offender when all of the following
conditions exist:
(i) The offender has a medical condition that is serious
enough to require costly care or treatment;
(ii) The offender poses a low risk to the community because
he or she is physically incapacitated due to age or the medical
condition; and
(iii) Granting the extraordinary medical placement will
result in a cost savings to the state.
(b) An offender sentenced to death or to life imprisonment
without the possibility of release or parole is not eligible for
an extraordinary medical placement.
(c) The secretary shall require electronic monitoring for
all offenders in extraordinary medical placement unless the
electronic monitoring equipment interferes with the function of
the offender's medical equipment or results in the loss of
funding for the offender's medical care. The secretary shall
specify who shall provide the monitoring services and the terms
under which the monitoring shall be performed.
(d) The secretary may revoke an extraordinary medical
placement under this subsection at any time.
(e) Persistent offenders are not eligible for extraordinary
medical placement;
(((5))) (4) The governor, upon recommendation from the
clemency and pardons board, may grant an extraordinary release
for reasons of serious health problems, senility, advanced age,
extraordinary meritorious acts, or other extraordinary
circumstances;
(((6))) (5) No more than the final six months of the
offender's term of confinement may be served in partial
confinement designed to aid the offender in finding work and
reestablishing himself or herself in the community. This is in
addition to that period of earned early release time that may be
exchanged for partial confinement pursuant to ((subsection (2)))
RCW 9.94A.729(5)(d);
(((7))) (6) The governor may pardon any offender;
(((8))) (7) The department may release an offender from
confinement any time within ten days before a release date
calculated under this section;
(((9))) (8) An offender may leave a correctional facility
prior to completion of his or her sentence if the sentence has
been reduced as provided in RCW 9.94A.870; and
(((10))) (9) Notwithstanding any other provisions of this
section, an offender sentenced for a felony crime listed in RCW 9.94A.540 as subject to a mandatory minimum sentence of total
confinement shall not be released from total confinement before
the completion of the listed mandatory minimum sentence for that
felony crime of conviction unless allowed under RCW 9.94A.540((,
however persistent offenders are not eligible for extraordinary
medical placement)).
[2009 c 455 § 2; (2009 c 455 § 1 expired August 1, 2009); 2008 c 231 § 34; 2007 c 483 § 304; 2004 c 176 § 6; 2003 c 379 § 1. Prior: 2002 c 290 § 21; 2002 c 50 § 2; 2000 c 28 § 28; prior: 1999 c 324 § 1; 1999 c 37 § 1; 1996 c 199 § 2; 1995 c 129 § 7 (Initiative Measure No. 159); 1992 c 145 § 8; 1990 c 3 § 202; 1989 c 248 § 2; prior: 1988 c 153 § 3; 1988 c 3 § 1; 1984 c 209 § 8; 1982 c 192 § 6; 1981 c 137 § 15. Formerly RCW 9.94A.150.]
NOTES:
Reviser's note: RCW 9.94A.728 was amended three times during the 2009 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Effective date -- 2009 c 455 § 2: "Section 2 of this act takes effect August 1, 2009." [2009 c 455 § 5.]
Expiration date -- 2009 c 455 § 1: "Section 1 of this act expires August 1, 2009." [2009 c 455 § 6.]
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.
Findings -- Part headings not law -- Severability -- 2007 c 483: See RCW 72.78.005, 72.78.900, and 72.78.901.
Severability -- Effective date--2004 c 176: See notes following RCW 9.94A.515.
Severability -- 2003 c 379: "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." [2003 c 379 § 28.]
Effective dates -- 2003 c 379: "(1) Sections 1 through 12,
20, and 28 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and
take effect July 1, 2003.
(2) Sections 13 through 19 and 21 through 27 of this act
take effect October 1, 2003." [2003 c 379 § 29.]
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.
Intent -- 2002 c 50: "The legislature has determined in RCW 9.94A.728(2) that the department of corrections may transfer offenders to community custody status in lieu of earned release time in accordance with a program developed by the department of corrections. It is the legislature's intent, in response to: In re: Capello 106 Wn.App. 576 (2001), to clarify the law to reflect that the secretary of the department has, and has had since enactment of the community placement act of 1988, the authority to require all offenders, eligible for release to community custody status in lieu of earned release, to provide a release plan that includes an approved residence and living arrangement prior to any transfer to the community." [2002 c 50 § 1.]
Application -- 2002 c 50: "This act applies to all offenders with community placement or community custody terms currently incarcerated either before, on, or after March 14, 2002." [2002 c 50 § 3.]
Severability -- 2002 c 50: "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." [2002 c 50 § 4.]
Effective date -- 2002 c 50: "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 [March 14, 2002]." [2002 c 50 § 5.]
Technical correction bill -- 2000 c 28: See note following RCW 9.94A.015.
Severability -- 1996 c 199: See note following RCW 9.94A.505.
Findings and intent -- Short title -- Severability -- Captions not law -- 1995 c 129: See notes following RCW 9.94A.510.
Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.
Application -- 1989 c 248: See note following RCW 9.92.151.
Effective date -- Application of increased sanctions -- 1988 c 153: See notes following RCW 9.94A.030.
Effective dates -- 1984 c 209: See note following RCW 9.94A.030.
Effective date -- 1981 c 137: See RCW 9.94A.905.