PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-18-124.
Title of Rule: Community custody ranges.
Purpose: Establishing community custody ranges to be included in sentences for eligible felonies committed on or after July 1, 2000.
Statutory Authority for Adoption: RCW 9.94A.040(6) (rule-making authority under chapter 34.05 RCW).
Statute Being Implemented: E2SSB 5421 (chapter 196, Laws of 1999), section 3, amending RCW 9.94A.040(5).
Summary: BACKGROUND AND SUMMARY OF PROPOSED RULES: The 1999 legislature enacted E2SSB 5421 (chapter 196, Laws of 1999), the "Offender Accountability Act," which reformed the system of supervision of offenders in the community. For eligible offenses committed on or after July 1, 2000, offenders will be required to serve a period of "community custody" as part of the sentence. Sentencing courts will order eligible offenders to a determinate period of confinement and also to a range of community custody.
In the Offender Accountability Act, the 1999 legislature directed the Sentencing Guidelines Commission to propose to the legislature by December 31, 1999, the community custody ranges to be included in sentences for eligible offenses committed on or after July 1, 2000 (See RCW 9.94A.040 (5)(a)). In response, the commission's core committee, the Standards and Ranges Committee, began a year-long process to formulate community custody ranges. This process included a thorough review of research related to supervision of offenders in the community and to rates of recidivism for different types of offenses, a survey of community supervision systems in other states, the evaluation of numerous proposals for community custody ranges, deliberation over legal issues that arose in the course of fashioning the proposal, and due consideration to the funds available to the Department of Corrections for supervision of offenders in the community.
The Offender Accountability Act provided that the 2000 legislature may adopt or modify the commission's proposed community custody ranges, but that the proposed ranges will take effect for offenses committed on or after July 1, 2000, even if the legislature fails to act on the commission's proposal. Therefore, the commission is required to act on the proposal in case the legislature fails to act in the 2000 session. Accordingly, the commission is proceeding with a legislative rule-making process under the Administrative Procedure Act (chapter 34.05 RCW). The commission is also planning to give the 2000 legislature the opportunity to adopt or modify the proposal though enactment of an agency request bill.
The commission's Standards and Ranges Committee approved its final proposal for community custody ranges and presented it to the full Sentencing Guidelines Commission, which unanimously endorsed the proposal on October 15, 1999.
Reasons Supporting Proposal: Sentencing Guidelines Commission required by legislature to propose community custody ranges by December 31, 1999, to become effective for crimes committed on or after July 1, 2000.
Name of Agency Personnel Responsible for Drafting: Roger E. Goodman, Sentencing Guidelines Commission, (360) 956-2130; Implementation: Superior Court, State of Washington; and Enforcement: Appellate and Supreme Courts, State of Washington.
Name of Proponent: Sentencing Guidelines Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule sets forth ranges of community custody to be included as part of sentences of more than one year for sex offenses, violent offenses, crimes against persons (as defined in RCW 9.94A.440) and drug offenses (violations of the Uniform Controlled Substances Act) committed on or after July 1, 2000. Sentencing courts will order both confinement time and a community custody range for eligible offenses committed on or after that date. The rule conforms to the mandate of the 1999 legislature, in the "Offender Accountability Act," to reform the system of supervision of offenders in the community and to manage offenders according to their risk to community safety.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposed rule will have no economic impact on small business.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. RCW 34.05.328(5) does not apply to the Sentencing Guidelines Commission.
Hearing Location: Seattle Marriott SeaTac, 3201 South 176th Street, SeaTac, WA 98188, on December 10, 1999, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Sharon Ziegler by December 6, 1999, (360) 956-2130.
Submit Written Comments to: Roger E. Goodman, Executive Director, Sentencing Guidelines Commission, P.O. Box 40927, Olympia, WA 98504-0927, fax (360) 956-2149, by April 1, 2000.
Date of Intended Adoption: May 1, 2000.
November 2, 1999
Roger E. Goodman
Executive Director
OTS-3504.2
COMMUNITY CUSTODY RANGES
| Offense Type | Community Custody Range |
| Sex Offenses (Not sentenced under RCW 9.94A.120(8)) | 36 to 48 months |
| Serious Violent Offenses | 24 to 48 months |
| Violent Offenses | 18 to 36 months |
| Crimes Against Persons (As defined in RCW 9.94A.440(2)) | 9 to 18 months |
| Offenses under chapter 69.50 or 69.52 RCW (Not sentenced under RCW 9.94A.120(6)) | 9 to 12 months |
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