RCW 9.94A.860
Sentencing guidelines commission—Membership—Appointments—Terms of office—Expenses and compensation.
(1) The sentencing guidelines commission is hereby created, located within the office of financial management. Except as provided in RCW 9.94A.875, the commission shall serve to advise the governor and the legislature as necessary on issues relating to adult and juvenile sentencing. The commission may meet, as necessary, to accomplish these purposes within funds appropriated.
(2) The commission consists of twenty voting members, one of whom the governor shall designate as chairperson. With the exception of ex officio voting members, the voting members of the commission shall be appointed by the governor, or his or her designee, subject to confirmation by the senate.
(3) The voting membership consists of the following:
(a) The head of the state agency having general responsibility for adult correction programs, as an ex officio member;
(b) The director of financial management or designee, as an ex officio member;
(c) The chair of the indeterminate sentence review board, as an ex officio member;
(d) The head of the state agency, or the agency head's designee, having responsibility for juvenile corrections programs, as an ex officio member;
(e) Two prosecuting attorneys;
(f) Two attorneys with particular expertise in defense work;
(g) Four persons who are superior court judges;
(h) One person who is the chief law enforcement officer of a county or city;
(i) Four members of the public who are not prosecutors, defense attorneys, judges, or law enforcement officers, one of whom is a victim of crime or a crime victims' advocate;
(j) One person who is an elected official of a county government, other than a prosecuting attorney or sheriff;
(k) One person who is an elected official of a city government;
(l) One person who is an administrator of juvenile court services.
In making the appointments, the governor shall endeavor to assure that the commission membership includes adequate representation and expertise relating to both the adult criminal justice system and the juvenile justice system. In making the appointments, the governor shall seek the recommendations of Washington prosecutors in respect to the prosecuting attorney members, of the Washington state bar association in respect to the defense attorney members, of the superior court judges' association in respect to the members who are judges, of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer, of the Washington state association of counties in respect to the member who is a county official, of the association of Washington cities in respect to the member who is a city official, of the office of crime victims advocacy and other organizations of crime victims in respect to the member who is a victim of crime or a crime victims' advocate, and of the Washington association of juvenile court administrators in respect to the member who is an administrator of juvenile court services.
(4)(a) All voting members of the commission, except ex officio voting members, shall serve terms of three years and until their successors are appointed and confirmed.
(b) The governor shall stagger the terms of the members appointed under subsection (3)(j), (k), and (l) of this section by appointing one of them for a term of one year, one for a term of two years, and one for a term of three years.
(5) The speaker of the house of representatives and the president of the senate may each appoint two nonvoting members to the commission, one from each of the two largest caucuses in each house. The members so appointed shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first.
(6) The members of the commission may be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members may be reimbursed by their respective houses as provided under RCW 44.04.120. Except for the reimbursement of travel expenses, members shall not be compensated.
[ 2016 c 179 § 3; 2011 1st sp.s. c 40 § 36; 2001 2nd sp.s. c 12 § 311; 1996 c 232 § 3; 1993 c 11 § 1; 1988 c 157 § 2; 1984 c 287 § 10; 1981 c 137 § 6. Formerly RCW 9.94A.060.]
NOTES:
Findings—Purpose—2016 c 179: See note following RCW 2.16.010.
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
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.
Effective dates—1996 c 232: See note following RCW 13.40.030.
Effective date—1993 c 11: "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 shall take effect immediately [April 12, 1993]." [ 1993 c 11 § 2.]
Application—1988 c 157: See note following RCW 9.94A.030.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
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.