Washington's Changes in Criminal Sentencing Laws

July 16, 2009
By Owens Davies Fristoe Taylor & Schultz on July 16, 2009 1:00 AM |

940832_washington_state_capital.jpgChanges to the Sentencing Reform Act of 1981(SRA) go into effect on July 26th. The Department of Corrections (DOC) will soon supervise every felony offender whose risk assessment places the offender in the two highest risk categories. After August 1, 2009, they will supervise only those felony offenders in the highest risk category OR who have a current conviction for a sex or serious violent offense, are a dangerous mentally ill offender pursuant to RCW 72.09.370, have an indeterminate sentence and are subject to parole, are sentenced pursuant to First Time Offender Waiver or Special Sex Offender Sentencing Alternative(SSOSA) or Drug Offender Sentencing Alternative(DOSA), or if supervision is required pursuant to interstate compact or adult offender supervision. DOC will also supervise those who are sentenced to a select subset of misdemeanors, including sexual misconduct with a minor or communications with a minor for immoral purposes, and assault and violation of a protection order if the offender also has one or more current or prior convictions for a violent offense, sex offense, crime against person, assault in the fourth degree or an prior violation of a protection order.

The new laws were passed in Olympia this year and originate from ESSB 5228, SSB 6162 and SHB 1791. They are expected to result in substantial saving to DOC as the department anticipates reducing the number of offenders supervised by fifty percent. This means that a significant number of convicted felons who were once under the department's supervision will now leave prison or jail without a being under the control of a parole officer. When on DOC supervision, if an offender violates the terms of his or her parole after being released from custody, the department can impose a sanction of more incarceration.