H-2547.2
SUBSTITUTE HOUSE BILL 1396
State of Washington 68th Legislature 2024 Regular Session
By House Community Safety, Justice, & Reentry (originally sponsored
by Representatives Goodman and Bateman)
READ FIRST TIME 01/31/24.
1 AN ACT Relating to persons sentenced for aggravated first degree
2 murder committed prior to reaching 21 years of age; amending RCW
3 9.94A.510, 9.94A.540, 9.94A.6332, and 9.94A.729; reenacting and
4 amending RCW 10.95.030; adding new sections to chapter 10.95 RCW;
5 providing an effective date; and declaring an emergency.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 Sec. 1. RCW 9.94A.510 and 2014 c 130 s 1 are each amended to
8 read as follows:
9 TABLE 1
10 Sentencing Grid
11 SERIOUSNESS
12 LEVEL OFFENDER SCORE
13 9 or
14 0 1 2 3 4 5 6 7 8 more
15 XVI ((Life sentence without parole/death penalty for offenders at or over the age of
16 eighteen. For offenders under the age of eighteen, a term of twenty-five years to
17 life)) Sentence established by RCW 10.95.030.
18 XV 23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m36y 40y
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1 240- 250- 261- 271- 281- 291- 312- 338- 370- 411-
2 320 333 347 361 374 388 416 450 493 548
3 XIV 14y4m 15y4m 16y2m 17y 17y11m 18y9m 20y5m 22y2m 25y7m 29y
4 123- 134- 144- 154- 165- 175- 195- 216- 257- 298-
5 220 234 244 254 265 275 295 316 357 397
6 XIII 12y 13y 14y 15y 16y 17y 19y 21y 25y 29y
7 123- 134- 144- 154- 165- 175- 195- 216- 257- 298-
8 164 178 192 205 219 233 260 288 342 397
9 XII 9y 9y11m 10y9m 11y8m 12y6m 13y5m 15y9m 17y3m 20y3m 23y3m
10 93- 102- 111- 120- 129- 138- 162- 178- 209- 240-
11 123 136 147 160 171 184 216 236 277 318
12 XI 7y6m 8y4m 9y2m 9y11m 10y9m 11y7m 14y2m 15y5m 17y11m20y5m
13 78- 86- 95- 102- 111- 120- 146- 159- 185- 210-
14 102 114 125 136 147 158 194 211 245 280
15 X 5y 5y6m 6y 6y6m 7y 7y6m 9y6m 10y6m 12y6m 14y6m
16 51- 57- 62- 67- 72- 77- 98- 108- 129- 149-
17 68 75 82 89 96 102 130 144 171 198
18 IX 3y 3y6m 4y 4y6m 5y 5y6m 7y6m 8y6m 10y6m 12y6m
19 31- 36- 41- 46- 51- 57- 77- 87- 108- 129-
20 41 48 54 61 68 75 102 116 144 171
21 VIII 2y 2y6m 3y 3y6m 4y 4y6m 6y6m 7y6m 8y6m 10y6m
22 21- 26- 31- 36- 41- 46- 67- 77- 87- 108-
23 27 34 41 48 54 61 89 102 116 144
24 VII 18m 2y 2y6m 3y 3y6m 4y 5y6m 6y6m 7y6m 8y6m
25 15- 21- 26- 31- 36- 41- 57- 67- 77- 87-
26 20 27 34 41 48 54 75 89 102 116
27 VI 13m 18m 2y 2y6m 3y 3y6m 4y6m 5y6m 6y6m 7y6m
28 12+- 15- 21- 26- 31- 36- 46- 57- 67- 77-
29 14 20 27 34 41 48 61 75 89 102
30 V 9m 13m 15m 18m 2y2m 3y2m 4y 5y 6y 7y
31 6- 12+- 13- 15- 22- 33- 41- 51- 62- 72-
32 12 14 17 20 29 43 54 68 82 96
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 1 IV 6m 9m 13m 15m 18m 2y2m 3y2m 4y2m 5y2m 6y2m
2 3- 6- 12+- 13- 15- 22- 33- 43- 53- 63-
3 9 12 14 17 20 29 43 57 70 84
4 III 2m 5m 8m 11m 14m 20m 2y2m 3y2m 4y2m 5y
5 1- 3- 4- 9- 12+- 17- 22- 33- 43- 51-
6 3 8 12 12 16 22 29 43 57 68
7 II 4m 6m 8m 13m 16m 20m 2y2m 3y2m 4y2m
8 0-90 2- 3- 4- 12+- 14- 17- 22- 33- 43-
9 Days 6 9 12 14 18 22 29 43 57
10 I 3m 4m 5m 8m 13m 16m 20m 2y2m
11 0-60 0-90 2- 2- 3- 4- 12+- 14- 17- 22-
12 Days Days 5 6 8 12 14 18 22 29
13 Numbers in the first horizontal row of each seriousness category
14 represent sentencing midpoints in years(y) and months(m). Numbers in
15 the second and third rows represent standard sentence ranges in
16 months, or in days if so designated. 12+ equals one year and one day.
17 Sec. 2. RCW 9.94A.540 and 2014 c 130 s 2 are each amended to
18 read as follows:
19 (1) Except to the extent provided in subsection (3) of this
20 section, the following minimum terms of total confinement are
21 mandatory and shall not be varied or modified under RCW 9.94A.535:
22 (a) An offender convicted of the crime of murder in the first
23 degree shall be sentenced to a term of total confinement not less
24 than twenty years.
25 (b) An offender convicted of the crime of assault in the first
26 degree or assault of a child in the first degree where the offender
27 used force or means likely to result in death or intended to kill the
28 victim shall be sentenced to a term of total confinement not less
29 than five years.
30 (c) An offender convicted of the crime of rape in the first
31 degree shall be sentenced to a term of total confinement not less
32 than five years.
33 (d) An offender convicted of the crime of sexually violent
34 predator escape shall be sentenced to a minimum term of total
35 confinement not less than sixty months.
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 1 (e) An offender convicted of the crime of aggravated first degree
2 murder for a murder that was committed prior to the offender's
3 ((eighteenth)) 21st birthday shall be sentenced to a term of total
4 confinement ((not less than twenty-five years)) that is consistent
5 with RCW 10.95.030.
6 (2) During such minimum terms of total confinement, no offender
7 subject to the provisions of this section is eligible for community
8 custody, earned release time, furlough, home detention, partial
9 confinement, work crew, work release, or any other form of early
10 release authorized under RCW 9.94A.728, or any other form of
11 authorized leave of absence from the correctional facility while not
12 in the direct custody of a corrections officer. The provisions of
13 this subsection shall not apply: (a) In the case of an offender in
14 need of emergency medical treatment; (b) for the purpose of
15 commitment to an inpatient treatment facility in the case of an
16 offender convicted of the crime of rape in the first degree; or (c)
17 for an extraordinary medical placement when authorized under RCW
18 9.94A.728(((3))) (1)(c).
19 (3)(a) Subsection (1)(a) through (d) of this section shall not be
20 applied in sentencing of juveniles tried as adults pursuant to RCW
21 13.04.030(1)(e)(i).
22 (b) This subsection (3) applies only to crimes committed on or
23 after July 24, 2005.
24 Sec. 3. RCW 9.94A.6332 and 2021 c 242 s 5 are each amended to
25 read as follows:
26 The procedure for imposing sanctions for violations of sentence
27 conditions or requirements is as follows:
28 (1) If the offender was sentenced under the drug offender
29 sentencing alternative, any sanctions shall be imposed by the
30 department or the court pursuant to RCW 9.94A.660.
31 (2) If the offender was sentenced under the special sex offender
32 sentencing alternative, any sanctions shall be imposed by the
33 department or the court pursuant to RCW 9.94A.670.
34 (3) If the offender was sentenced under the parenting sentencing
35 alternative, any sanctions shall be imposed by the department or by
36 the court pursuant to RCW 9.94A.655.
37 (4) If the offender was sentenced under the mental health
38 sentencing alternative, any sanctions shall be imposed by the
39 department or the court pursuant to RCW 9.94A.695.
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 1 (5) If a sex offender was sentenced pursuant to RCW 9.94A.507,
2 any sanctions shall be imposed by the board pursuant to RCW 9.95.435.
3 (6) If the offender was released pursuant to RCW 9.94A.730, any
4 sanctions shall be imposed by the board pursuant to RCW 9.95.435.
5 (7) If the offender was sentenced pursuant to RCW
6 10.95.030(((3))) (2), section 6 of this act, or 10.95.035, any
7 sanctions shall be imposed by the board pursuant to RCW 9.95.435.
8 (8) In any other case, if the offender is being supervised by the
9 department, any sanctions shall be imposed by the department pursuant
10 to RCW 9.94A.737. If a probationer is being supervised by the
11 department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, upon
12 receipt of a violation hearing report from the department, the court
13 retains any authority that those statutes provide to respond to a
14 probationer's violation of conditions.
15 (9) If the offender is not being supervised by the department,
16 any sanctions shall be imposed by the court pursuant to RCW
17 9.94A.6333.
18 Sec. 4. RCW 9.94A.729 and 2022 c 29 s 1 are each amended to read
19 as follows:
20 (1)(a) The term of the sentence of an offender committed to a
21 correctional facility operated by the department may be reduced by
22 earned release time in accordance with procedures that shall be
23 developed and adopted by the correctional agency having jurisdiction
24 in which the offender is confined. The earned release time shall be
25 for good behavior and good performance, as determined by the
26 correctional agency having jurisdiction. The correctional agency
27 shall not credit the offender with earned release credits in advance
28 of the offender actually earning the credits.
29 (b) Any program established pursuant to this section shall allow
30 an offender to earn early release credits for presentence
31 incarceration. If an offender is transferred from a county jail to
32 the department, the administrator of a county jail facility shall
33 certify to the department the amount of time spent in custody at the
34 facility and the number of days of early release credits lost or not
35 earned. The department may approve a jail certification from a
36 correctional agency that calculates early release time based on the
37 actual amount of confinement time served by the offender before
38 sentencing when an erroneous calculation of confinement time served
39 by the offender before sentencing appears on the judgment and
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 1 sentence. The department must adjust an offender's rate of early
2 release listed on the jail certification to be consistent with the
3 rate applicable to offenders in the department's facilities. However,
4 the department is not authorized to adjust the number of presentence
5 early release days that the jail has certified as lost or not earned.
6 (2)(a) An offender who has been convicted of a felony committed
7 after July 23, 1995, that involves any applicable deadly weapon
8 enhancements under RCW 9.94A.533 (3) or (4), or both, shall not
9 receive any good time credits or earned release time for that portion
10 of his or her sentence that results from any deadly weapon
11 enhancements.
12 (b) An offender whose sentence includes any impaired driving
13 enhancements under RCW 9.94A.533(7), minor child enhancements under
14 RCW 9.94A.533(13), or both, shall not receive any good time credits
15 or earned release time for any portion of his or her sentence that
16 results from those enhancements.
17 (3) An offender may earn early release time as follows:
18 (a) In the case of an offender sentenced pursuant to RCW
19 10.95.030(((3))) (2), section 6 of this act, or 10.95.035, the
20 offender may not receive any earned early release time during the
21 minimum term of confinement imposed by the court; for any remaining
22 portion of the sentence served by the offender, the aggregate earned
23 release time may not exceed 10 percent of the sentence.
24 (b) In the case of an offender convicted of a serious violent
25 offense, or a sex offense that is a class A felony, committed on or
26 after July 1, 1990, and before July 1, 2003, the aggregate earned
27 release time may not exceed 15 percent of the sentence.
28 (c) In the case of an offender convicted of a serious violent
29 offense, or a sex offense that is a class A felony, committed on or
30 after July 1, 2003, the aggregate earned release time may not exceed
31 10 percent of the sentence.
32 (d) An offender is qualified to earn up to 50 percent of
33 aggregate earned release time if he or she:
34 (i) Is not classified as an offender who is at a high risk to
35 reoffend as provided in subsection (4) of this section;
36 (ii) Is not confined pursuant to a sentence for:
37 (A) A sex offense;
38 (B) A violent offense;
39 (C) A crime against persons as defined in RCW 9.94A.411;
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 1 (D) A felony that is domestic violence as defined in RCW
2 10.99.020;
3 (E) A violation of RCW 9A.52.025 (residential burglary);
4 (F) A violation of, or an attempt, solicitation, or conspiracy to
5 violate, RCW 69.50.401 by manufacture or delivery or possession with
6 intent to deliver methamphetamine; or
7 (G) A violation of, or an attempt, solicitation, or conspiracy to
8 violate, RCW 69.50.406 (delivery of a controlled substance to a
9 minor);
10 (iii) Has no prior conviction for the offenses listed in (d)(ii)
11 of this subsection;
12 (iv) Participates in programming or activities as directed by the
13 offender's individual reentry plan as provided under RCW 72.09.270 to
14 the extent that such programming or activities are made available by
15 the department; and
16 (v) Has not committed a new felony after July 22, 2007, while
17 under community custody.
18 (e) In no other case shall the aggregate earned release time
19 exceed one-third of the total sentence.
20 (4) The department shall perform a risk assessment of each
21 offender who may qualify for earned early release under subsection
22 (3)(d) of this section utilizing the risk assessment tool recommended
23 by the Washington state institute for public policy. Subsection
24 (3)(d) of this section does not apply to offenders convicted after
25 July 1, 2010.
26 (5)(a) A person who is eligible for earned early release as
27 provided in this section and who will be supervised by the department
28 pursuant to RCW 9.94A.501 or 9.94A.5011, shall be transferred to
29 community custody in lieu of earned release time;
30 (b) The department shall, as a part of its program for release to
31 the community in lieu of earned release, require the offender to
32 propose a release plan that includes an approved residence and living
33 arrangement. All offenders with community custody terms eligible for
34 release to community custody in lieu of earned release shall provide
35 an approved residence and living arrangement prior to release to the
36 community;
37 (c) The department may deny transfer to community custody in lieu
38 of earned release time if the department determines an offender's
39 release plan, including proposed residence location and living
40 arrangements, may violate the conditions of the sentence or
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 1 conditions of supervision, place the offender at risk to violate the
2 conditions of the sentence, place the offender at risk to reoffend,
3 or present a risk to victim safety or community safety. The
4 department's authority under this section is independent of any
5 court-ordered condition of sentence or statutory provision regarding
6 conditions for community custody;
7 (d) If the department is unable to approve the offender's release
8 plan, the department may do one or more of the following:
9 (i) Transfer an offender to partial confinement in lieu of earned
10 early release for a period not to exceed three months. The three
11 months in partial confinement is in addition to that portion of the
12 offender's term of confinement that may be served in partial
13 confinement as provided in RCW 9.94A.728(1)(e);
14 (ii) Provide rental vouchers to the offender for a period not to
15 exceed six months if rental assistance will result in an approved
16 release plan.
17 A voucher must be provided in conjunctio