RCW 9.94A.517
Table 3—Drug offense sentencing grid.
(1)
TABLE 3
DRUG OFFENSE SENTENCING GRID
Seriousness
Level
Offender Score
0 to 2
Offender Score
3 to 5
Offender Score
6 to 9 or more
III
51 to 68 months
68+ to 100 months
100+ to 120 months
II
12+ to 20 months
20+ to 60 months
60+ to 120 months
I
0 to 6 months
6+ to 18 months
12+ to 24 months
References to months represent the standard sentence ranges. 12+ equals one year and one day.
(2) The court may utilize any other sanctions or alternatives as authorized by law, including but not limited to the special drug offender sentencing alternative under RCW 9.94A.660 or drug court under chapter 2.30 RCW.
(3) Nothing in this section creates an entitlement for a criminal defendant to any specific sanction, alternative, sentence option, or substance abuse treatment.
[ 2015 c 291 § 9; (2015 c 291 § 8 expired July 1, 2018); (2013 2nd sp.s. c 14 § 1 expired July 1, 2018); 2002 c 290 § 8.]
NOTES:
Effective date—2015 c 291 § 9: "Section 9 of this act takes effect July 1, 2018." [ 2015 c 291 § 16.]
Expiration date—2015 c 291 § 8: "Section 8 of this act expires July 1, 2018." [ 2015 c 291 § 15.]
Conflict with federal requirements—2015 c 291: See note following RCW 2.30.010.
Application—Recalculation of earned release date—2013 2nd sp.s. c 14: "Pursuant to RCW 9.94A.729, the department shall recalculate the earned release date for any offender currently serving a term in a facility or institution either operated by the state or utilized under contract. The earned release date shall be recalculated whether the offender is currently incarcerated or is sentenced after July 1, 2013, and regardless of the offender's date of offense. For offenders whose offense was committed prior to July 1, 2013, the recalculation shall not extend a term of incarceration beyond that to which an offender is currently subject." [ 2013 2nd sp.s. c 14 § 4.]
Declaration—2013 2nd sp.s. c 14 § 4: "The legislature declares that section 4 of this act does not create any liberty interest. The department is authorized to take the time reasonably necessary to complete the recalculations of section 4 of this act after July 1, 2013." [ 2013 2nd sp.s. c 14 § 6.]
Compilation of sentencing information—Report—2013 2nd sp.s. c 14: "(1)(a) The department must, in consultation with the caseload forecast council, compile the following information in summary form for the two years prior to and after July 1, 2013: For offenders sentenced under RCW 9.94A.517 for a seriousness level I offense where the offender score is three to five: (A) The total number of sentences and the average length of sentence imposed, sorted by sentences served in state versus local correctional facilities; (B) the number of current and prior felony convictions for each offender; (C) the estimated cost or cost savings, total and per offender, to the state and local governments from the change to the maximum sentence pursuant to RCW 9.94A.517(1); and (D) the number of offenders who were sentenced to community custody, the number of violations committed on community custody, and any sanctions imposed for such violations.
(b) The department must submit a report with its findings to the office of financial management and the appropriate fiscal and policy committees of the house of representatives and the senate by January 1, 2015, and January 1, 2018.
(2) For purposes of this section, "department" means the department of corrections." [ 2013 2nd sp.s. c 14 § 5.]
Effective date—2013 2nd sp.s. c 14: "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, 2013." [ 2013 2nd sp.s. c 14 § 9.]
Applicability—2013 2nd sp.s. c 14 § 1: "Section 1 of this act applies to sentences imposed on or after July 1, 2013, regardless of the date of offense." [ 2013 2nd sp.s. c 14 § 7.]
Expiration date—2013 2nd sp.s. c 14 §§ 1 and 5: "Sections 1 and 5 of this act expire July 1, 2018." [ 2013 2nd sp.s. c 14 § 10.]
Intent—2002 c 290: "It is the intent of the legislature to increase the use of effective substance abuse treatment for defendants and offenders in Washington in order to make frugal use of state and local resources, thus reducing recidivism and increasing the likelihood that defendants and offenders will become productive and law-abiding persons. The legislature recognizes that substance abuse treatment can be effective if it is well planned and involves adequate monitoring, and that substance abuse and addiction is a public safety and public health issue that must be more effectively addressed if recidivism is to be reduced. The legislature intends that sentences for drug offenses accurately reflect the adverse impact of substance abuse and addiction on public safety, that the public must have protection from violent offenders, and further intends that such sentences be based on policies that are supported by research and public policy goals established by the legislature." [ 2002 c 290 § 1.]
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following RCW 9.94A.515.
Structure Revised Code of Washington
Title 9 - Crimes and Punishments
Chapter 9.94A - Sentencing Reform Act of 1981.
9.94A.015 - Finding—Intent—2000 c 28.
9.94A.035 - Classification of felonies not in Title 9A RCW.
9.94A.171 - Tolling of term of confinement, supervision.
9.94A.190 - Terms of more than one year or less than one year—Where served—Reimbursement of costs.
9.94A.340 - Equal application.
9.94A.411 - Evidentiary sufficiency.
9.94A.421 - Plea agreements—Discussions—Contents of agreements.
9.94A.431 - Plea agreements—Information to court—Approval or disapproval—Sentencing judge not bound.
9.94A.441 - Plea agreements—Criminal history.
9.94A.450 - Plea dispositions.
9.94A.460 - Sentence recommendations.
9.94A.475 - Plea agreements and sentences for certain offenders—Public records.
9.94A.480 - Judgment and sentence document—Delivery to caseload forecast council.
9.94A.501 - Department must supervise specified offenders—Risk assessment of felony offenders.
9.94A.502 - Domestic violence risk assessment tool.
9.94A.506 - Standard sentence ranges—Limitations.
9.94A.507 - Sentencing of sex offenders.
9.94A.510 - Table 1—Sentencing grid.
9.94A.515 - Table 2—Crimes included within each seriousness level.
9.94A.517 - Table 3—Drug offense sentencing grid.
9.94A.518 - Table 4—Drug offenses seriousness level.
9.94A.520 - Offense seriousness level.
9.94A.530 - Standard sentence range.
9.94A.533 - Adjustments to standard sentences.
9.94A.535 - Departures from the guidelines.
9.94A.537 - Aggravating circumstances—Sentences above standard range.
9.94A.540 - Mandatory minimum terms.
9.94A.555 - Findings and intent—1994 c 1.
9.94A.561 - Offender notification and warning.
9.94A.562 - Court-ordered treatment—Required notices.
9.94A.565 - Governor's powers.
9.94A.570 - Persistent offenders.
9.94A.575 - Power to defer or suspend sentences abolished—Exceptions.
9.94A.580 - Specialized training.
9.94A.585 - Which sentences appealable—Procedure—Grounds for reversal—Written opinions.
9.94A.589 - Consecutive or concurrent sentences.
9.94A.595 - Anticipatory offenses.
9.94A.599 - Presumptive ranges that exceed the statutory maximum.
9.94A.603 - Felony alcohol violators—Treatment during incarceration—Conditions.
9.94A.607 - Chemical dependency.
9.94A.6331 - Sanctions—Where served.
9.94A.6332 - Sanctions—Which entity imposes.
9.94A.6333 - Sanctions—Modification of sentence—Noncompliance hearing.
9.94A.640 - Vacation of offender's record of conviction.
9.94A.647 - Resentencing—Persistent offenders—Robbery in the second degree.
9.94A.650 - First-time offender waiver.
9.94A.655 - Parenting sentencing alternative.
9.94A.6551 - Partial confinement as a part of a parenting program.
9.94A.660 - Drug offender sentencing alternative—Prison-based or residential alternative.
9.94A.662 - Prison-based drug offender sentencing alternative.
9.94A.664 - Residential substance use disorder treatment-based alternative.
9.94A.670 - Special sex offender sentencing alternative.
9.94A.680 - Alternatives to total confinement.
9.94A.690 - Work ethic camp program—Eligibility—Sentencing.
9.94A.695 - Mental health sentencing alternative.
9.94A.701 - Community custody—Offenders sentenced to the custody of the department.
9.94A.702 - Community custody—Offenders sentenced for one year or less.
9.94A.703 - Community custody—Conditions.
9.94A.704 - Community custody—Supervision by the department—Conditions.
9.94A.706 - Community custody—Possession of firearms, ammunition, or explosives prohibited.
9.94A.707 - Community custody—Commencement—Conditions.
9.94A.708 - Community custody—Mental health information—Access by department.
9.94A.709 - Community custody—Sex offenders—Conditions.
9.94A.711 - Community custody—Motor vehicle-related felonies—Sentencing—Report.
9.94A.716 - Community custody—Violations—Arrest.
9.94A.717 - Community custody—Supervision compliance credit.
9.94A.718 - Supervision of offenders—Peace officers have authority to assist.
9.94A.722 - Court-ordered treatment—Required disclosures.
9.94A.723 - Court-ordered treatment—Offender's failure to inform.
9.94A.725 - Offender work crews.
9.94A.728 - Release prior to expiration of sentence.
9.94A.7281 - Legislative declaration—Earned release time not an entitlement.
9.94A.729 - Earned release time—Risk assessments.
9.94A.731 - Term of partial confinement, work release, home detention.
9.94A.733 - Home detention—Graduated reentry program—Requirements for department.
9.94A.734 - Home detention—Conditions.
9.94A.735 - Home detention—Form order.
9.94A.740 - Community custody violators—Arrest, detention, financial responsibility.
9.94A.745 - Interstate compact for adult offender supervision.
9.94A.74502 - Compact administrator.
9.94A.74503 - Other compacts and agreements—Withdrawal from current compact.
9.94A.74504 - Supervision of transferred offenders—Processing transfer applications.
9.94A.74505 - Review of obligations under compact—Report to legislature.
9.94A.753 - Restitution—Application dates.
9.94A.760 - Legal financial obligations.
9.94A.7601 - "Earnings," "disposable earnings," and "obligee" defined.
9.94A.7602 - Legal financial obligation—Notice of payroll deduction—Issuance and content.
9.94A.7603 - Legal financial obligations—Payroll deductions—Maximum amounts withheld, apportionment.
9.94A.7605 - Motion to quash, modify, or terminate payroll deduction—Grounds for relief.
9.94A.7606 - Legal financial obligations—Order to withhold and deliver—Issuance and contents.
9.94A.7609 - Legal financial obligations—Notice of debt—Service or mailing—Contents—Action on, when.
9.94A.7701 - Legal financial obligations—Wage assignments—Petition or motion.
9.94A.7702 - Legal financial obligations—Wage assignments—Answer.
9.94A.7703 - Legal financial obligations—Wage assignments—Amounts to be withheld.
9.94A.7704 - Legal financial obligations—Wage assignments—Rules.
9.94A.7705 - Legal financial obligations—Wage assignments—Employer responsibilities.
9.94A.7706 - Legal financial obligations—Wage assignments—Form and rules.
9.94A.7707 - Legal financial obligations—Wage assignments—Service.
9.94A.7708 - Legal financial obligations—Wage assignments—Hearing—Scope of relief.
9.94A.7709 - Legal financial obligations—Wage assignments—Recovery of costs, attorneys' fees.
9.94A.772 - Legal financial obligations—Monthly payment, starting dates—Construction.
9.94A.775 - Legal financial obligations—Termination of supervision—Monitoring of payments.
9.94A.777 - Legal financial obligations—Defendants with mental health conditions.
9.94A.810 - Transition and relapse prevention strategies.
9.94A.820 - Sex offender treatment in the community.
9.94A.825 - Deadly weapon special verdict—Definition.
9.94A.827 - Methamphetamine—Manufacturing with child on premises—Special allegation.
9.94A.831 - Special allegation—Assault of law enforcement personnel with a firearm—Procedures.
9.94A.833 - Special allegation—Involving minor in felony offense—Procedures.
9.94A.834 - Special allegation—Endangerment by eluding a police vehicle—Procedures.
9.94A.835 - Special allegation—Sexual motivation—Procedures.
9.94A.836 - Special allegation—Offense was predatory—Procedures.
9.94A.837 - Special allegation—Victim was under fifteen years of age—Procedures.
9.94A.838 - Special allegation—Victim had diminished capacity—Procedures.
9.94A.839 - Special allegation—Sexual conduct with victim in return for a fee—Procedures.
9.94A.840 - Sex offenders—Release from total confinement—Notification of prosecutor.
9.94A.843 - Sex offenders—Release of information—Immunity.
9.94A.844 - Sex offenders—Discretionary decisions—Immunity.
9.94A.8445 - Community protection zones—Preemption of local regulations—Retrospective application.
9.94A.846 - Sex offenders—Release of information.
9.94A.865 - Standard sentence ranges—Revisions or modifications—Submission to legislature.
9.94A.8673 - Sex offender policy board—Membership—Expenses and compensation.
9.94A.868 - Sex offender policy board—Quarterly meetings.
9.94A.870 - Emergency due to inmate population exceeding correctional facility capacity.
9.94A.875 - Emergency in county jails population exceeding capacity.
9.94A.880 - Clemency and pardons board—Membership—Terms—Chair—Bylaws—Travel expenses—Staff.
9.94A.885 - Clemency and pardons board—Petitions for review—Hearing.
9.94A.890 - Abused victim—Resentencing for murder of abuser.
9.94A.921 - Effective date—2000 c 28.
9.94A.925 - Application—2003 c 379 §§ 13-27.
9.94A.926 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.