9.94A.515  <<  TOC  >> 9.94A.518

Chapters 9.94A and 9.94B RCW
Sentencing Reform Act of 1981
Applicable to Crimes Committed From July 24, 2015 to March 31, 2016

9.94A.517
Table 3 — Drug offense sentencing grid.




     (1)

TABLE 3

DRUG OFFENSE SENTENCING GRID

Seriousness

Level

Offender Score

0 to 2

Offender Score

3 to 5

Offender Score

6 to 9 or more

III

51 to 68 months

68 to 100 months

100 to 120 months

II

12 to 20 months

20 to 60 months

60 to 120 months

I

0 to 6 months

6 to 12 months

12 to 24 months


References to months represent the standard sentence ranges. 12 equals one year and one day.

     (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 chapter 2 RCW.

     (3) Nothing in this section creates an entitlement for a criminal defendant to any specific sanction, alternative, sentence option, or substance abuse treatment.

[2015 c 291 § 8; 2013 2dss c 14 § 1; 2002 c 290 § 8.]

Notes:

     Application -- Recalculation of earned release date -- 2013 2nd sp.s. c 14: Pursuant to RCW 9.94A.729, the department shall recalculate the earned release date for any offender currently serving a term in a facility or institution either operated by the state or utilized under contract. The earned release date shall be recalculated whether the offender is currently incarcerated or is sentenced after the effective date of this section, and regardless of the offender’s date of offense. For offenders whose offense was committed prior to the effective date of this section, the recalculation shall not extend a term of incarceration beyond that to which an offender is currently subject.

    Effective date -- 2013 2dss c 14: “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 takes effect July 1, 2013..” [2013 2dss c 14 § 9.]

    Declaration -- 2013 2dss c 14: “The legislature declares that section 4 of this act does not create any liberty interest. The department is authorized to take the time reasonably necessary to complete the recalculations of section 4 of this act after the effective date of this section.” [2013 2dss c 14 § 6.]

Application Date – 2013 2dss c 14: “Section 1 of this act applies to sentences imposed on or after July 1, 2013, regardless of the date of offense.” [2013 2dss c 14 § 7]

     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.]

     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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