(1) An offender is eligible for the special drug offender sentencing alternative if: (a) The offender is convicted of a felony that is not a violent offense or sex offense and the violation does not involve a sentence enhancement under RCW 9.94A.533 (3) or (4); (b) The offender is convicted of a felony that is not a felony driving while under the influence of intoxicating liquor or any drug under RCW 46.61.502(6) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug under RCW 46.61.504(6); (c) The offender has no current or prior convictions for a sex offense at any time or violent offense within ten years before conviction of the current offense, in this state, another state, or the United States; (d) For a violation of the Uniform Controlled Substances Act under chapter 69.50 RCW or a criminal solicitation to commit such a violation under chapter 9A.28 RCW, the offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance; (e) The offender has not been found by the United States attorney general to be subject to a deportation detainer or order and does not become subject to a deportation order during the period of the sentence; (f) The end of the standard sentence range for the current offense is greater than one year; and (g) The offender has not received a drug offender sentencing alternative more than once in the prior ten years before the current offense. (2) A motion for a special drug offender sentencing alternative may be made by the court, the offender, or the state. (3) If the sentencing court determines that the offender is eligible for an alternative sentence under this section and that the alternative sentence is appropriate, the court shall waive imposition of a sentence within the standard sentence range and impose a sentence consisting of either a prison-based alternative under RCW 9.94A.662 or a residential chemical dependency treatment-based alternative under RCW 9.94A.664. The residential chemical dependency treatment-based alternative is only available if the midpoint of the standard range is twenty-four months or less. (4) To assist the court in making its determination, the court may order the department to complete either or both a risk assessment report and a chemical dependency screening report as provided in RCW 9.94A.500. (5)(a) If the court is considering imposing a sentence under the residential chemical dependency treatment-based alternative, the court may order an examination of the offender by the department. The examination shall, at a minimum, address the following issues: (i) Whether the offender suffers from drug addiction; (ii) Whether the addiction is such that there is a probability that criminal behavior will occur in the future; (iii) Whether effective treatment for the offender's addiction is available from a provider that has been licensed or certified by the division of alcohol and substance abuse of the department of social and health services; and (iv) Whether the offender and the community will benefit from the use of the alternative. (b) The examination report must contain: (i) A proposed monitoring plan, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others; and (ii) Recommended crime-related prohibitions and affirmative conditions. (6) When a court imposes a sentence of community custody under this section: (a) The court may impose conditions as provided in RCW 9.94A.703 and may impose other affirmative conditions as the court considers appropriate. In addition, an offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring for alcohol or controlled substances. (b) The department may impose conditions and sanctions as authorized in RCW 9.94A.704 and RCW 9.94A.737. (7)(a) The court may bring any offender sentenced under this section back into court at any time on its own initiative to evaluate the offender's progress in treatment or to determine if any violations of the conditions of the sentence have occurred. (b) If the offender is brought back to court, the court may modify the conditions of the community custody or impose sanctions under (c) of this subsection. (c) The court may order the offender to serve a term of total confinement within the standard range of the offender's current offense at any time during the period of community custody if the offender violates the conditions or requirements of the sentence or if the offender is failing to make satisfactory progress in treatment. (d) An offender ordered to serve a term of total confinement under (c) of this subsection shall receive credit for any time previously served under this section. (8) In serving a term of community custody imposed upon failure to complete, or administrative termination from, the special drug offender sentencing alternative program, the offender shall receive no credit for time served in community custody prior to termination of the offender's participation in the program. (9) An offender sentenced under this section shall be subject to all rules relating to earned release time with respect to any period served in total confinement. (10) Costs of examinations and preparing treatment plans under a special drug offender sentencing alternative may be paid, at the option of the county, from funds provided to the county from the criminal justice treatment account under RCW 70.96A.350.
[2009 c 389 § 3; (2009 c 389 § 2 expired August 1, 2009); 2008 c 231 § 30; 2006 c 339 § 302; 2006 c 73 § 10; 2005 c 460 § 1. Prior: 2002 c 290 § 20; 2002 c 175 § 10; 2001 c 10 § 4; 2000 c 28 § 19.]
Effective date -- 2009 c 389 § 2: "Section 2 of 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 [May 7, 2009]." [2009 c 389 § 7.]
Expiration date -- 2009 c 389 § 2: "Section 2 of this act expires August 1, 2009." [2009 c 389 § 9.]
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.
Intent -- Part headings not law -- 2006 c 339: See notes following RCW 70.96A.325.
Effective date -- 2006 c 73: See note following RCW 46.61.502.
Application -- 2005 c 460: "This act applies to sentences imposed on or after October 1, 2005." [2005 c 460 § 2.]
Effective date -- 2005 c 460: "This act takes effect October 1, 2005." [2005 c 460 § 3.]
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.
Effective date -- 2002 c 175: See note following RCW 7.80.130.
Intent -- Effective date -- 2001 c 10: See notes following RCW 9.94A.505.
Technical correction bill -- 2000 c 28: See note following RCW 9.94A.015.
And here is the Sentencing Statute revisions:
(1) When a person is convicted of a felony, the court shall impose punishment as provided in this chapter. (2)(a) The court shall impose a sentence as provided in the following sections and as applicable in the case: (i) Unless another term of confinement applies, a sentence within the standard sentence range established in RCW 9.94A.510 or 9.94A.517; (ii) RCW 9.94A.701 and 9.94A.702, relating to community custody; (iii) RCW 9.94A.570, relating to persistent offenders; (iv) RCW 9.94A.540, relating to mandatory minimum terms; (v) RCW 9.94A.650, relating to the first-time offender waiver; (vi) RCW 9.94A.660, relating to the drug offender sentencing alternative; (vii) RCW 9.94A.670, relating to the special sex offender sentencing alternative; (viii) RCW 9.94A.507, relating to certain sex offenses; (ix) RCW 9.94A.535, relating to exceptional sentences; (x) RCW 9.94A.589, relating to consecutive and concurrent sentences; (xi) RCW 9.94A.603, relating to felony driving while under the influence of intoxicating liquor or any drug and felony physical control of a vehicle while under the influence of intoxicating liquor or any drug. (b) If a standard sentence range has not been established for the offender's crime, the court shall impose a determinate sentence which may include not more than one year of confinement; community restitution work; a term of community custody under RCW 9.94A.702 not to exceed one year; and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement and a community custody term under RCW 9.94A.701 if the court finds reasons justifying an exceptional sentence as provided in RCW 9.94A.535. (3) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits. (4) If a sentence imposed includes payment of a legal financial obligation, it shall be imposed as provided in RCW 9.94A.750, 9.94A.753, 9.94A.760, and 43.43.7541. (5) Except as provided under RCW 9.94A.750(4) and9.94A.753 (4), a court may not impose a sentence providing for a term of confinement or community custody that exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW. (6) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced. (7) The court shall order restitution as provided in RCW 9.94A.750 and 9.94A.753. (8) As a part of any sentence, the court may impose and enforce crime-related prohibitions and affirmative conditions as provided in this chapter. (9) In any sentence of partial confinement, the court may require the offender to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.
[2009 c 389 § 1; 2009 c 28 § 6; 2008 c 231 § 25; 2006 c 73 § 6. Prior: 2002 c 290 § 17; 2002 c 289 § 6; 2002 c 175 § 6; 2001 2nd sp.s. c 12 § 312; 2001 c 10 § 2; prior: 2000 c 226 § 2; 2000 c 43 § 1; 2000 c 28 § 5; prior: 1999 c 324 § 2; 1999 c 197 § 4; 1999 c 196 § 5; 1999 c 147 § 3; 1998 c 260 § 3; prior: 1997 c 340 § 2; 1997 c 338 § 4; 1997 c 144 § 2; 1997 c 121 § 2; 1997 c 69 § 1; prior: 1996 c 275 § 2; 1996 c 215 § 5; 1996 c 199 § 1; 1996 c 93 § 1; 1995 c 108 § 3; prior: 1994 c 1 § 2 (Initiative Measure No. 593, approved November 2, 1993); 1993 c 31 § 3; prior: 1992 c 145 § 7; 1992 c 75 § 2; 1992 c 45 § 5; prior: 1991 c 221 § 2; 1991 c 181 § 3; 1991 c 104 § 3; 1990 c 3 § 705; 1989 c 252 § 4; prior: 1988 c 154 § 3; 1988 c 153 § 2; 1988 c 143 § 21; prior: 1987 c 456 § 2; 1987 c 402 § 1; prior: 1986 c 301 § 4; 1986 c 301 § 3; 1986 c 257 § 20; 1984 c 209 § 6; 1983 c 163 § 2; 1982 c 192 § 4; 1981 c 137 § 12. Formerly RCW 9.94A.120.]
Effective date -- 2009 c 28: See note following RCW 2.24.040.
Severability -- Effective date -- 2002 c 289: See notes following RCW 43.43.753.
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.
Intent -- 2001 c 10: "It is the intent of the legislature to incorporate into the reorganization of chapter 9.94A RCW adopted by chapter 28, Laws of 2000 amendments adopted to RCW 9.94A.120 during the 2000 legislative session that did not take cognizance of the reorganization. In addition, it is the intent of the legislature to correct any additional incorrect cross-references and to simplify the codification of provisions within chapter 9.94A RCW. The legislature does not intend to make, and no provision of this act may be construed as making, a substantive change in the sentencing reform act." [2001 c 10 § 1.]
Effective date -- 2001 c 10: "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 July 1, 2001." [2001 c 10 § 7.]
Finding -- Intent -- 2000 c 226: "The legislature finds that supervision of offenders in the community and an offender's payment of restitution enhances public safety, improves offender accountability, is an important component of providing justice to victims, and strengthens the community. The legislature intends that all terms and conditions of an offender's supervision in the community, including the length of supervision and payment of legal financial obligations, not be curtailed by an offender's absence from supervision for any reason including confinement in any correctional institution. The legislature, through this act, revises the results of In re Sappenfield, 980 P.2d 1271 (1999) and declares that an offender's absence from supervision or subsequent incarceration acts to toll the jurisdiction of the court or department over an offender for the purpose of enforcing legal financial obligations." [2000 c 226 § 1.]
Severability -- 2000 c 226: "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." [2000 c 226 § 6.]
Drug offender options -- Report: "The Washington state institute for public policy, in consultation with the sentencing guidelines commission shall evaluate the impact of implementing the drug offender options provided for in RCW 9.94A.120(6). The commission shall submit a final report to the legislature by December 1, 2004. The report shall describe the changes in sentencing practices related to the use of punishment options for drug offenders and include the impact of sentencing alternatives on state prison populations, the savings in state resources, the effectiveness of drug treatment services, and the impact on recidivism rates." [1999 c 197 § 12.]
Severability -- 1999 c 197: See note following RCW 9.94A.030.
Construction -- Short title -- 1999 c 196: See RCW 72.09.904 and 72.09.905.
Severability -- 1999 c 196: See note following RCW 9.94A.010.
Intent -- 1998 c 260: See note following RCW 9.94A.500.
Finding -- Evaluation -- Report -- 1997 c 338: See note following RCW 13.40.0357.
Severability -- Effective dates -- 1997 c 338: See notes following RCW 5.60.060.
Finding -- 1996 c 275: "The legislature finds that improving the supervision of convicted sex offenders in the community upon release from incarceration is a substantial public policy goal, in that effective supervision accomplishes many purposes including protecting the community, supporting crime victims, assisting offenders to change, and providing important information to decision makers." [1996 c 275 § 1.]
Application -- 1996 c 275 §§ 1-5: "Sections 1 through 5, chapter 275, Laws of 1996 apply to crimes committed on or after June 6, 1996." [1996 c 275 § 14.]
Severability -- 1996 c 199: "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." [1996 c 199 § 9.]
Effective date -- 1995 c 108: See note following RCW 9.94A.030.
Severability -- Short title -- Captions -- 1994 c 1: See notes following RCW 9.94A.555.
Severability -- Application -- 1992 c 45: See notes following RCW 9.94A.840.
Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.
Purpose -- Prospective application -- Effective dates -- Severability -- 1989 c 252: See notes following RCW 9.94A.030.
Effective date -- Application of increased sanctions -- 1988 c 153: See notes following RCW 9.94A.030.
Applicability -- 1988 c 143 §§ 21-24: "Increased sanctions authorized by sections 21 through 24 of this act are applicable only to those persons committing offenses after March 21, 1988." [1988 c 143 § 25.]
Effective date -- 1987 c 402: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [1987 c 402 § 3.]
Effective date -- 1986 c 301 § 4: "Section 4 of this act shall take effect July 1, 1987." [1986 c 301 § 8.]
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 -- 1983 c 163: "Sections 1 through 5 of this act shall take effect on July 1, 1984." [1983 c 163 § 7.]
Effective date -- 1981 c 137: See RCW 9.94A.905.
These are the latest from the Legislature from August 2009.
Here is the link if you need it :
Please be aware that in most cases, the Sentencing Statutes in place at the time of conviction are usually applied. It is up to the courts to determine whether to use the new guidelines. If the old statutes are found to be unconstitutional or otherwise defective, the will switch to the new guidelines.
I wish you and your family the best.
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