(1) A sentence that includes a term or terms of confinement totaling more than one year shall be served in a facility or institution operated, or utilized under contract, by the state, or in home detention pursuant to RCW 9.94A.6551. Except as provided in subsection (3) or (5) of this section, a sentence of not more than one year of confinement shall be served in a facility operated, licensed, or utilized under contract, by the county, or if home detention or work crew has been ordered by the court, in the residence of either the offender or a member of the offender's immediate family.

     (2) If a county uses a state partial confinement facility for the partial confinement of a person sentenced to confinement for not more than one year, the county shall reimburse the state for the use of the facility as provided in this subsection. The office of financial management shall set the rate of reimbursement based upon the average per diem cost per offender in the facility. The office of financial management shall determine to what extent, if any, reimbursement shall be reduced or eliminated because of funds provided by the legislature to the department for the purpose of covering the cost of county use of state partial confinement facilities. The office of financial management shall reestablish reimbursement rates each even-numbered year.

     (3) A person who is sentenced for a felony to a term of not more than one year, and who is committed or returned to incarceration in a state facility on another felony conviction, either under the indeterminate sentencing laws, chapter 9.95 RCW, or under this chapter shall serve all terms of confinement, including a sentence of not more than one year, in a facility or institution operated, or utilized under contract, by the state, consistent with the provisions of RCW 9.94A.589.

     (4) Notwithstanding any other provision of this section, a sentence imposed pursuant to RCW 9.94A.660 which has a standard sentence range of over one year, regardless of length, shall be served in a facility or institution operated, or utilized under contract, by the state.

     (5) Sentences imposed pursuant to RCW 9.94A.507 shall be served in a facility or institution operated, or utilized under contract, by the state.

[2010 c 224 § 10; (2011 c 96 § 11 repealed by 2011 1st sp.s. c 40 § 43); 2009 c 28 § 5; 2001 2nd sp.s. c 12 § 313; 2000 c 28 § 4; 1995 c 108 § 4; 1991 c 181 § 5; 1988 c 154 § 5; 1986 c 257 § 21; 1984 c 209 § 10; 1981 c 137 § 19.]

NOTES:

     Reviser's note: RCW 9.94A.190 was amended by 2011 c 96 § 11, but 2011 c 96 § 11 was later repealed by 2011 1st sp.s. c 40 § 43, without taking effect.

     Effective date -- 2009 c 28: See note following RCW 2.24.040.

     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.

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

     Effective date -- 1995 c 108: See note following RCW 9.94A.030.

     Severability -- 1986 c 257: See note following RCW 9A.56.010.

     Effective date -- 1986 c 257 §§ 17-35: See note 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.