Bill Summary – FastDemocracy

Z-0031.3
                                 SENATE BILL 5285
     State of Washington         67th Legislature     2021 Regular Session
     By Senators Nguyen, Darneille, Das, Dhingra, Hunt, Lovelett, Nobles,
     Saldaña, Stanford, and Wilson, C.; by request of Department of
     Corrections
     Read first time 01/19/21.    Referred to Committee on Human Services,
     Reentry & Rehabilitation.
      AN ACT Relating to allowed earned time for certain offenses;
  amending RCW 9.94A.729 and 9.94A.729; creating new sections;
  providing an effective date; and providing an expiration date.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1.   RCW 9.94A.729 and 2015 c 134 s 4 are each amended to
 read as follows:
     (1)(a) 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 adopted 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.
     (b) 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 number of days of early release credits lost or not
                                       p. 1                         SB 5285
 earned. The department may approve a jail certification from a
 correctional agency that calculates early 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. The department must adjust an offender's rate of early
 release listed on the jail certification to be consistent with the
 rate applicable to offenders in the department's facilities. However,
 the department is not authorized to adjust the number of presentence
 early release days that the jail has certified as lost or not earned.
     (2) ((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.
     (3))) An offender may earn early release time as follows:
     (a) In the case of an offender sentenced pursuant to RCW
 10.95.030(3) or 10.95.035, the offender may not receive any earned
 early release time during the minimum term of confinement imposed by
 the court; for any remaining portion of the sentence served by the
 offender, the aggregate earned release time may not exceed ((ten
 percent)) one-third of the sentence.
     (b) 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)) one-third of the
 sentence.
     (c) 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)) one-third of the sentence.
     (d) ((An offender is qualified to earn up to fifty percent of
 aggregate earned release time if he or she:
     (i) Is not classified as an offender who is at a high risk to
 reoffend as provided in subsection (4) of this section;
     (ii) Is not confined pursuant to a sentence for:
     (A) A sex offense;
     (B) A violent offense;
     (C) A crime against persons as defined in RCW 9.94A.411;
                                     p. 2                          SB 5285
     (D) A felony that is domestic violence as defined in RCW
 10.99.020;
     (E) A violation of RCW 9A.52.025 (residential burglary);
     (F) 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
     (G) A violation of, or an attempt, solicitation, or conspiracy to
 violate, RCW 69.50.406 (delivery of a controlled substance to a
 minor);
     (iii) Has no prior conviction for the offenses listed in (d)(ii)
 of this subsection;
     (iv) 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
     (v) Has not committed a new felony after July 22, 2007, while
 under community custody.
     (e))) In no other case shall the aggregate earned release time
 exceed one-third of the total sentence.
     (((4) The department shall perform a risk assessment of each
 offender who may qualify for earned early release under subsection
 (3)(d) of this section utilizing the risk assessment tool recommended
 by the Washington state institute for public policy. Subsection
 (3)(d) of this section does not apply to offenders convicted after
 July 1, 2010.
     (5))) (3)(a) A person who is eligible for earned early release as
 provided in this section and who will be supervised by the department
 pursuant to RCW 9.94A.501 or 9.94A.5011, shall be transferred to
 community custody in lieu of earned release time;
     (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 if the department determines an offender's
 release plan, including proposed residence location and living
 arrangements, may violate the conditions of the sentence or
                                     p. 3                          SB 5285
 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 is unable to approve the offender's release
 plan, the department may do one or more of the following:
     (i) Transfer an offender to partial confinement in lieu of earned
 early release for a period not to exceed 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 RCW 9.94A.728(((5))) (1)(e);
     (ii) Provide rental vouchers to the offender for a period not to
 exceed three months if rental assistance will result in an approved
 release plan.
     A voucher must be provided in conjunction with additional
 transition support programming or services that enable an offender to
 participate in services including, but not limited to, substance
 abuse treatment, mental health treatment, sex offender treatment,
 educational programming, or employment programming;
     (e) The department shall maintain a list of housing providers
 that meets the requirements of RCW 72.09.285. If more than two
 voucher recipients will be residing per dwelling unit, as defined in
 RCW 59.18.030, rental vouchers for those recipients may only be paid
 to a housing provider on the department's list;
     (f) For each offender who is the recipient of a rental voucher,
 the department shall gather data as recommended by the Washington
 state institute for public policy in order to best demonstrate
 whether rental vouchers are effective in reducing recidivism.
     (((6))) (4) 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.
     Sec. 2.   RCW 9.94A.729 and 2020 c 330 s 2 are each amended to
 read as follows:
     (1)(a) 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 adopted by the correctional agency having jurisdiction
                                     p. 4                          SB 5285
 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.
     (b) 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 number of days of early release credits lost or not
 earned. The department may approve a jail certification from a
 correctional agency that calculates early 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. The department must adjust an offender's rate of early
 release listed on the jail certification to be consistent with the
 rate applicable to offenders in the department's facilities. However,
 the department is not authorized to adjust the number of presentence
 early release days that the jail has certified as lost or not earned.
     (2)(a) 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))
 may receive any good time credits or earned release time for that
 portion of his or her sentence that results from any deadly weapon
 enhancements. The offender may receive good time credits and earned
 release time for the weapons enhancement portion of the sentence at
 the same rate allowed for the sentence on the underlying offense.
     (b) An offender whose sentence includes any impaired driving
 enhancements under RCW 9.94A.533(7), minor child enhancements under
 RCW 9.94A.533(13), or both, ((shall not)) may receive ((any)) good
 time credits or earned release time for any portion of his or her
 sentence that results from those enhancements. The offender may
 receive good time credits or earned release time for the enhancement
 portion of the sentence at the same rate allowed for the sentence on
 the underlying offense.
     (3) An offender may earn early release time as follows:
     (a) In the case of an offender sentenced pursuant to RCW
 10.95.030(3) or 10.95.035, the offender may not receive any earned
                                     p. 5                          SB 5285
 early release time during the minimum term of confinement imposed by
 the court; for any remaining portion of the sentence served by the
 offender, the aggregate earned release time may not exceed ((ten
 percent)) one-third of the sentence.
     (b) 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)) one-third of the
 sentence.
     (c) 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)) one-third of the sentence.
     (d) ((An offender is qualified to earn up to fifty percent of
 aggregate earned release time if he or she:
     (i) Is not classified as an offender who is at a high risk to
 reoffend as provided in subsection (4) of this section;
     (ii) Is not confined pursuant to a sentence for:
     (A) A sex offense;
     (B) A violent offense;
     (C) A crime against persons as defined in RCW 9.94A.411;
     (D) A felony that is domestic violence as defined in RCW
 10.99.020;
     (E) A violation of RCW 9A.52.025 (residential burglary);
     (F) 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
     (G) A violation of, or an attempt, solicitation, or conspiracy to
 violate, RCW 69.50.406 (delivery of a controlled substance to a
 minor);
     (iii) Has no prior conviction for the offenses listed in (d)(ii)
 of this subsection;
     (iv) 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
     (v) Has not committed a new felony after July 22, 2007, while
 under community custody.
     (e))) In no other case shall the aggregate earned release time
 exceed one-third of the total sentence.
                                     p. 6                          SB 5285
     (4) ((The department shall perform a risk assessment of each
 offender who may qualify for earned early release under subsection
 (3)(d) of this section utilizing the risk assessment tool recommended
 by the Washington state institute for public policy. Subsection
 (3)(d) of this section does not apply to offenders convicted after
 July 1, 2010.
     (5)))(a) A person who is eligible for earned early release as
 provided in this section and who will be supervised by the department
 pursuant to RCW 9.94A.501 or 9.94A.5011, shall be transferred to
 community custody in lieu of earned release time;
     (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 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 is unable to approve the offender's release
 plan, the department may do one or more of the following:
     (i) Transfer an offender to partial confinement in lieu of earned
 early release for a period not to exceed 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 RCW 9.94A.728(1)(e);
     (ii) Provide rental vouchers to the offender for a period not to
 exceed three months if rental assistance will result in an approved
 release plan.
     A voucher must be provided in conjunction with additional
 transition support programming or services that enable an offender to
 participate in services including, but not limited to, substance
                                     p. 7                          SB 5285
 abuse treatment, mental health treatment, sex offender treatment,
 educational programming, or employment programming;
     (e) The department shall maintain a list of housing providers
 that meets the requirements of RCW 72.09.285. If more than two
 voucher recipients will be residing per dwelling unit, as defined in
 RCW 59.18.030, rental vouchers for those recipients may only be paid
 to a housing provider on the department's list;
     (f) For each offender who is the recipient of a rental voucher,
 the department shall gather data as recommended by the Washington
 state ins