9.94A.535  <<  TOC  >> 9.94A.545

Chapter 9.94A RCW
Sentencing Reform Act of 1981
Applicable to Crimes Committed From July 1, 2004 to April 14, 2005

070104_051405

RCW 9.94A.540
Mandatory minimum terms.

(1) The following minimum terms of total confinement are mandatory and shall not be varied or modified under *RCW 9.94A.535:

     (a) An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years.

     (b) An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years.

     (c) An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years.

     (d) An offender convicted of the crime of sexually violent predator escape shall be sentenced to a minimum term of total confinement not less than sixty months.

     (2) During such minimum terms of total confinement, no offender subject to the provisions of this section is eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release authorized under *RCW 9.94A.728, or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer. The provisions of this subsection shall not apply: (a) In the case of an offender in need of emergency medical treatment; (b) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree; or (c) for an extraordinary medical placement when authorized under *RCW 9.94A.728(4).

[2001 2nd sp.s. c 12 § 315; 2000 c 28 § 7. Formerly RCW 9.94A.590.]

NOTES:

     *Reviser's note: These RCW references have been corrected to reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.

     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.

     Technical correction bill -- 2000 c 28: See note following RCW 9.94A.015.

9.94A.535  <<  TOC  >> 9.94A.545
 
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