Chapter 9.94A RCW
(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 RCW 2.28.170.
(3) Nothing in this section creates an entitlement for a criminal defendant to any specific sanction, alternative, sentence option, or substance abuse treatment.
[2003 c 379 § 10; 2002 c 290 § 8.]
Severability -- 2003 c 379: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2003 c 379 § 28.]
Effective date -- 2003 c 379: "Sections 1 through 12, 20, and 28 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2003." [2003 c 379 § 29.]
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.]
Joint select committee on drug offense sentencing grid: "(1) A joint select committee on the drug offense sentencing grid is established.
(2) The committee shall consist of the following persons:
(a) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
(b) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house;
(c) A superior court judge, selected by the superior court judges' association;
(d) A prosecuting attorney, selected by the Washington association of prosecuting attorneys;
(e) A member selected by the Washington state bar association, whose practice includes a significant amount of time devoted to criminal defense work;
(f) An elected sheriff or a police chief, selected by the Washington association of sheriffs and police chiefs;
(g) A representative from the division of alcohol and substance abuse in the department of social and health services;
(h) A member of the sentencing guidelines commission;
(i) A member of the caseload forecast council;
(j) A representative from the governor's office of financial management;
(k) A representative from the department of corrections;
(l) A representative from the Washington state association of counties;
(m) A county chemical dependency treatment provider;
(n) A chemical dependency treatment provider; and
(o) A representative from the Washington state association of drug court professionals.
(3) The chair and vice-chair of the committee shall be chosen by the members of the committee.
(4) The committee shall review and make recommendations to the legislature and governor regarding the drug offense sentencing grid created pursuant to RCW 9.94A.517. In preparing the recommendations, the committee shall:
(a) Establish a methodology of determining the fiscal consequences to the state and local governments, including the calculation of savings to be dedicated to substance abuse treatment, resulting from the implementation of the grid and any recommended revisions to the grid;
(b) Review and recommend any changes in the sentencing levels and penalties in the drug sentencing grid;
(c) Consider the proportionality of sentencing based on the quantity of controlled substances;
(d) Examine methods for addressing issues of racial disproportionality in sentencing;
(e) Recommend a statewide method of evaluating the success of drug courts in terms of reducing recidivism and increasing the number of persons who participate in drug court programs and remain free of substance abuse;
(f) Review and make any appropriate revisions in statewide criteria for funding substance abuse treatment programs for defendants and offenders; and
(g) Review and make any recommendations for changes in the method of distribution of funding methods established in chapter 290, Laws of 2002 for defendant and offender drug treatment programs.
(5) The committee shall complete its review and submit its recommendations to the legislature and governor not later than June 1, 2003.
(6) The staff of the legislature, the sentencing guidelines commission, and the caseload forecast council shall provide support to the committee.
(7) Nonlegislative members of the committee shall serve without compensation, but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members of the committee shall be reimbursed for travel expenses as provided in RCW 44.04.120.
(8) This section expires December 31, 2003." [2002 c 290 § 12.]
Effectiveness report: "The Washington state institute for public policy shall evaluate the effectiveness of the drug offense sentencing grid in reducing recidivism and its financial impact. The Washington state institute for public policy shall present a preliminary report to the legislature by December 1, 2007, and shall present a final report regarding long-term recidivism and its financial impacts to the legislature by December 1, 2008." [2002 c 290 § 24.]
Effective date -- 2002 c 290 §§ 7-11 and 14-23: See note following RCW 9.94A.515.
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