Intent -- 2008 c 231: “It is the legislature’s intent to ensure that offenders receive accurate sentences that are based on their actual, complete criminal history. Accurate sentences further the sentencing reform act’s goals of:
(1) Ensuring that the punishment for a criminal offense is proportionate to the seriousness of the offense and the offender’s criminal history’
(2) Ensuring that punishment is just; and
(3) Ensuring that sentences are commensurate with the punishment imposed on others for committing similar offenses.
Given the decisions in In re Cadwallader, 155 Wn.2d 867 (2005); State v. Lopez, 147 Wn.2d 515 (2002), State v. Ford, 137 Wn.2d 472 (1999); and State v. McCorkle, 137 Wn.2d 490 (1999), the legislature finds it is necessary to amend the provisions in RCW 9.94A.500, 9.94A.525, and 9.94A.530 in order to ensure that sentences imposed accurately reflect the offender’s actual, complete criminal history, whether imposed at sentencing or upon resentencing. These amendments are consistent with the United States supreme court holding in Monge v. California, 524 U.S. 721 (1998), that double jeopardy is not implicated at resentencing following an appeal or collateral attack.” [2008 c 231 § 1].
Effective date -- 2008 c 231 § 2: “Sections 2 and 3 of this act apply to all sentencings and resentencings commenced before, on, or after June 12, 2008.” [2008 c 231 §5]
Intent -- Part headings not law -- 2006 c 339: See notes following RCW 70.96A.325.
Intent -- 2000 c 75: See note following RCW 71.05.445.
Severability -- 1999 c 197: See note following RCW 9.94A.030.
Construction -- Short title -- 1999 c 196: See RCW 72.09.904 and 72.09.905.
Severability -- 1999 c 196: See note following RCW 9.94A.010.
Intent -- 1998 c 260: "It is the intent of the legislature to decrease the likelihood of recidivism and reincarceration by mentally ill offenders under correctional supervision in the community by authorizing:
(1) The courts to request presentence reports from the department of corrections when a relationship between mental illness and criminal behavior is suspected, and to order a mental status evaluation and treatment for offenders whose criminal behavior is influenced by a mental illness; and
(2) Community corrections officers to work with community mental health providers to support participation in treatment by mentally ill offenders on community placement or community supervision." [1998 c 260 § 1.]
Severability -- 1986 c 257: See note following RCW 9A.56.010.
Effective date -- 1986 c 257 §§ 17-35: See note following RCW 9.94A.030.
Severability -- Effective date -- 1985 c 443: See notes following RCW 7.69.010.
Effective dates -- 1984 c 209: See note following RCW 9.94A.030.
Effective date -- 1981 c 137: See RCW 9.94A.905.
|