Washington 2021-2022 Regular Session Status: Enacted 7 D cosponsors

SB 5293 — Addressing mental health sentencing alternatives.

Last action — Effective date 7/25/2021.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 20, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 12 sponsors

    1 primary, 11 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (7 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

240 added · 481 removed

Plain-language change summary

The recent changes to Bill SB 5293 clarify the criteria for eligibility in the mental health sentencing alternative. The bill now specifies that a convicted person must be diagnosed with a "severe and persistent mental health issue" instead of “serious mental illness" to qualify. Additionally, it removes the community benefit requirement from the judge's evaluation, which could streamline the process for defendants seeking treatment instead of incarceration. This matters because it aims to provide more individuals with access to mental health treatment instead of prison, potentially reducing recidivism and supporting better outcomes for those with mental health issues.

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S-0965.3 SUBSTITUTE SENATE BILL 5293 State of Washington 67th Legislature 2021 Regular Session By Senate Law & Justice (originally sponsored by Senators Nobles, Darneille, Das, Dhingra, Hasegawa, Keiser, Lovelett, Nguyen, Rivers, Salomon, Van De Wege, and Wilson, C.) READ FIRST TIME 02/12/21.
S-0106.2 SENATE BILL 5293 State of Washington 67th Legislature 2021 Regular Session By Senators Nobles, Darneille, Das, Dhingra, Hasegawa, Keiser, Lovelett, Nguyen, Rivers, Salomon, Van De Wege, and Wilson, C.
Read first time 01/20/21.
Referred to Committee on Law & Justice.
amending RCW 9.94A.501, 9.94A.505, 9.94A.633, and 9.94A.6332;
amending RCW 9.94A.501;
reenacting and amending RCW 9.94A.701;
(1) A defendant is eligible for the mental health sentencing alternative if:
(1) A convicted defendant is eligible for the mental disability mandated observation and treatment alternative to incarceration if:
(a) The defendant is convicted of a felony that is not a serious violent offense or sex offense;
(a) The defendant is convicted of a felony that is not a serious violent offense;
(b) The defendant is diagnosed with a serious mental illness recognized by the diagnostic manual in use by mental health professionals at the time of sentencing;
(b) The defendant is diagnosed with a severe and persistent mental health issue recognized by the diagnostic manual in use by mental health professionals at the time of sentencing;
(c) The defendant and the community would benefit from supervision and treatment, as determined by the judge;
(c) The defendant would benefit from supervision and treatment;
and (d) The defendant is willing to participate in the sentencing alternative.
(d) The defendant's sentence could include incarceration;
(2) A motion for a sentence under this section may be made by any party or the court, but is contingent upon the defendant's agreement p.
and (e) The defendant is willing to participate in the sentencing alternative.
1 SSB 5293 to participate in the sentencing alternative.
(2) A motion for a sentence under this section may be made by the court, the defendant, or the state, but is contingent upon the defendant's agreement to participate in the sentencing alternative.
To determine whether the defendant has a serious mental illness, the court may rely on information including reports completed pursuant to chapters 71.05 and 10.77 RCW, or other mental health professional as defined in RCW 71.05.020, or other information and records related to mental health services.
p.
Information and records relating to mental health services must be handled consistently with RCW 9.94A.500(2).
1 SB 5293 If the sentencing court determines that the defendant is eligible for this alternative, the court may order an examination of the defendant.
If insufficient information is available to determine whether a defendant has a serious mental illness, the court may order an examination of the defendant.
The court can waive the examination if sufficient information is available regarding the defendant's mental health issue:
(3) To assist the court in its determination, the department shall provide a written report, which shall be in the form of a presentence investigation.
That information may include previous written reports including reports completed pursuant to chapters 71.05 and 10.77 RCW and written reports from a discharge planner, social worker, or similar professional with mental health expertise.
Such report may be ordered by the court on the motion of a party prior to conviction if such a report will facilitate negotiations.
(3) A written report shall be completed to assist the court in its determination.
The court may waive the production of this report if sufficient information is available to the court to make a determination under subsection (4) of this section.
The written report shall be in the form of a presentence investigation.
A report may be ordered on the motion of a party or the court prior to conviction if such a report will facilitate negotiations.
(a) A proposed treatment plan for the defendant's mental illness, including at a minimum:
(a) Either a proposed treatment or supervision plan to address the underlying mental health issue, or both;
(i) The name and address of the treatment provider that has agreed to provide treatment to the defendant, including an intake evaluation, a psychiatric evaluation, and development of an individualized plan of treatment which shall be submitted as soon as possible to the department and the court;
(b) The recommended frequency and length of treatment;
and (ii) An agreement by the treatment provider to monitor the progress of the defendant on the sentencing alternative and notify the department and the court at any time during the duration of the order if reasonable efforts to engage the defendant fail to produce substantial compliance with court-ordered treatment conditions;
(c) The name and address of any treatment providers including any person providing medication relating to the mental health diagnosis;
(b) A proposed monitoring plan, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;
(d) A proposed monitoring plan, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;
(c) Recommended crime-related prohibitions and affirmative conditions;
(e) Recommended crime-related prohibitions and affirmative conditions;
and (d) A release of information, signed by the defendant, allowing the parties and the department to confirm components of the treatment and monitoring plan.
and (f) A release of information, signed by the defendant, so that the parties can confirm components of the treatment and monitoring plan.
(4) After consideration of all available information and determining whether the defendant is eligible, the court shall p.
(4) If the court determines that a sentence under this section is appropriate, the court shall waive imposition of the sentence within the standard range.
2 SSB 5293 consider whether the defendant and the community will benefit from the use of this sentencing alternative.
The court shall impose a term of community custody between 12 and 24 months for any standard range sentence of zero days to 36 months.
The court shall consider the victim's opinion whether the defendant should receive a sentence under this section.
The court shall impose a term of community custody between 12 months and 36 months for any standard range sentence that is longer than 36 months.
If the sentencing court determines that a sentence under this section is appropriate, the court shall waive imposition of the sentence within the standard range.
The court shall impose a term of community custody between 12 and 24 months if the midpoint of the defendant's standard range sentence is less than or equal to 36 months, and a term of community custody between 12 months and 36 months if the midpoint of the defendant's standard range sentence is longer than 36 months.
(5) If the court imposes an alternative sentence under this section, the department shall assign a community corrections officer to supervise the defendant.
(a) When the court imposes the term of community custody, the department shall assign the defendant to a community custody officer with mental health training or to a special needs unit or behavioral health unit if one exists.
The department shall provide a community corrections officer assigned under this section with appropriate training in mental health to be determined by the department.
p.
(6)(a) The court may schedule progress hearings for the defendant to evaluate the defendant's progress in treatment and compliance with conditions of supervision.
2 SB 5293 (b) The court shall impose conditions related to the needs of the defendant, which shall include treatment and supervision in the community.
(b) Before any progress hearing, the department and the treatment provider shall each submit a written report informing the parties of the defendant's progress and compliance with treatment.
The conditions are set forth in subsection (5) of this section.
(c) The court shall schedule regular progress hearings for the defendant.
Progress hearings shall occur as frequently as needed to meet the needs of the defendant.
(d) Before any progress hearing, the department and any treatment provider shall submit a written report informing the parties of the defendant's progress and compliance with treatment.
(7)(a) If the court imposes this sentencing alternative, the court shall impose conditions under RCW 9.94A.703 that do not conflict with this section and may impose any additional conditions recommended by any of the written reports regarding the defendant.
(5)(a) If the court imposes this sentencing alternative, the court may impose any condition recommended by any of the written reports regarding the defendant, and such other conditions as the court considers appropriate.
(b) The court shall impose specific treatment conditions:
(b) In addition, the court may require the defendant to:
(i) Meet with treatment providers and follow the recommendations provided in the individualized treatment plan as initially constituted or subsequently modified by the treatment provider;
(i) Comply with chemical dependency assessments and treatment recommendations if there is an indication that the defendant has a dual diagnosis which includes mental disability or impairment and substance abuse;
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(ii) Take medications as prescribed, including monitoring of compliance with medication if needed;
(ii) Comply with urinalysis or breathalyzer monitoring if needed;
(iii) Refrain from using alcohol and nonprescribed controlled substances if the defendant has a diagnosis of a substance use disorder.
(iii) Meet with treatment providers for counseling, behavior management, medication management, assessments, and group therapy treatment as requested by the treatment providers;
The court may order the department to monitor for the use p.
(iv) Take medications as prescribed, including monitoring of compliance with medication if needed;
3 SSB 5293 of alcohol or nonprescribed controlled substances if the court prohibits use of those substances.
(v) Devote time to specific employment, education, or training if able;
(8) Treatment issues arising during supervision shall be discussed collaboratively.
(vi) Remain within prescribed geographical boundaries;
The treatment provider, community corrections officer, and any representative of the person's medical assistance plan shall jointly determine intervention for violation of a treatment condition.
(vii) Notify the court or community corrections officers when changing address, employment, or treatment provider;
The community corrections officer shall have the authority to address the violation independently if:
(viii) Report as directed to their community corrections officer;
(a) The violation is safety related with respect to the defendant or others;
(ix) Sign releases of information with treatment providers to allow for the free exchange of information for the duration of the length of supervision imposed by the court;
(b) The treatment violation consists of decompensation related to psychosis that presents a risk to the community or the defendant and cannot be mitigated by community intervention.
(x) Pay court-ordered legal financial obligations;
The community corrections officer may intervene with available resources such as a designated crisis responder;
(xi) Perform community restitution work;
or (c) The violation relates to a standard condition for supervision.
and p.
(9) The community corrections officer, treatment provider, and any engaged representative of the defendant's medical assistance plan should collaborate prior to a progress update to the court.
3 SB 5293 (xii) Stay out of areas designated by the sentencing court.
Required treatment interventions taken between court progress hearings shall be reported to the court as a part of the regular progress update to the court.
(c) The court may prohibit the offender from:
(10) The court may schedule a review hearing for a defendant under this sentencing alternative at any time to evaluate the defendant's progress with treatment or to determine if any violations have occurred.
(i) Using alcohol or nonprescribed controlled substances if substance abuse is part of the diagnosis;
(a) At a review hearing the court may modify the terms of the community custody or impose sanctions if the court finds that the conditions have been violated or that different or additional terms are in the best interest of the defendant.
or alcohol or nonprescribed controlled substances are contraindicated by medications prescribed for management of the mental disability.
(b) The court may order the defendant to serve a term of total or partial confinement for violating the terms of community custody or failing to make satisfactory progress in treatment.
The court may order the department to monitor for the use of alcohol or nonprescribed controlled substances if the court prohibits use of those substances.
(11) The court shall schedule a termination hearing one month prior to the end of the defendant's community custody.
The offender may be required to pay a fee of thirty dollars per month to offset the costs of supervision if they are financially able.
Under no circumstances shall a person on public assistance or receiving social security be assessed supervision fees;
(ii) Committing any new violations of criminal law.
(6) The court may bring the defendant sentenced under this section back to court at any time to evaluate the defendant's progress with treatment or to determine if any violations have occurred.
(a) If the defendant is returned to court, the court may modify the terms of the community custody or impose sanctions if the court finds that the conditions have been violated or that different or additional terms are in the best interest of the defendant.
(b) The court may order the defendant to serve a term of total confinement for violating the terms of community custody or failing to make satisfactory progress in treatment.
Alternatives to total confinement shall be the preferred manner of addressing violations.
(c) The court shall schedule a termination hearing one month prior to the end of the defendant's community custody.
p.
(i) Authorize the department to terminate the defendant's community custody status on the expiration date;
4 SSB 5293 (a) Authorize the department to terminate the defendant's community custody status on the expiration date;
or (ii) Continue the hearing to a date before the expiration date of community custody, with or modifying the conditions of community custody;
or (b) Continue the hearing to a date before the expiration date of community custody, with or modifying the conditions of community custody;
or (iii) Revoke the sentencing alternative and impose a term of total confinement within the standard sentence range or impose an exceptional sentence below the standard sentencing range if compelling reasons are found by the court or the parties agree to the downward departure.
or (c) Revoke the sentencing alternative and impose a term of total or partial confinement within the standard sentence range or impose an exceptional sentence below the standard sentencing range if compelling reasons are found by the court or the parties agree to the downward departure.
The defendant will receive credit for time served p.
The defendant shall receive credit for time served while supervised in the community against any term of total confinement.
4 SB 5293 while supervised in the community against any term of total confinement.
The court must issue written findings indicating a substantial and compelling reason to revoke this sentencing alternative.
The court must reduce to writing the substantial and compelling reasons for revocation.
(12) For the purposes of this section:
(7) An offender sentenced under the terms of this section shall be subject to all rules relating to earned release time with respect to any period served in total confinement.
(a) "Serious mental illness" means a mental, behavioral, or emotional disorder resulting in a serious functional impairment, which substantially interferes with or limits one or more major life activities.
(8) Costs of examinations and preparing treatment plans may be paid, at the option of the county, from funds provided to the county from the criminal justice treatment account under RCW 71.24.580.
(b) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged.
"Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.
and p.
and (ii) A prior conviction for a repetitive domestic violence offense or domestic violence felony offense where domestic violence has been pleaded and proven after August 1, 2011.
5 SSB 5293 (ii) A prior conviction for a repetitive domestic violence offense or domestic violence felony offense where domestic violence has been pleaded and proven after August 1, 2011.
(b) Has been identified by the department as a dangerous mentally ill offender pursuant to RCW 72.09.370;
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5 SB 5293 (b) Has been identified by the department as a dangerous mentally ill offender pursuant to RCW 72.09.370;
or p.
or (h) Was convicted and sentenced under RCW 46.61.520 (vehicular homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) (felony DUI), or RCW 46.61.504(6) (felony physical control).
6 SSB 5293 (h) Was convicted and sentenced under RCW 46.61.520 (vehicular homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) (felony DUI), or RCW 46.61.504(6) (felony physical control).
(8) The period of time the department is authorized to supervise an offender under this section may not exceed the duration of community custody specified under RCW 9.94B.050, 9.94A.701 (1) through (((8))) (9), or 9.94A.702, except in cases where the court has imposed an exceptional term of community custody under RCW 9.94A.535.
(8) The period of time the department is authorized to supervise an offender under this section may not exceed the duration of community custody specified under RCW 9.94B.050, 9.94A.701 (1) p.
6 SB 5293 through (8), or 9.94A.702, except in cases where the court has imposed an exceptional term of community custody under RCW 9.94A.535.
Sec.
3.
RCW 9.94A.505 and 2019 c 191 s 3 are each amended to read as follows:
(1) When a person is convicted of a felony, the court shall impose punishment as provided in this chapter.
(2)(a) The court shall impose a sentence as provided in the following sections and as applicable in the case:
(i) Unless another term of confinement applies, a sentence within the standard sentence range established in RCW 9.94A.510 or 9.94A.517;
(ii) RCW 9.94A.701 and 9.94A.702, relating to community custody;
(iii) RCW 9.94A.570, relating to persistent offenders;
(iv) RCW 9.94A.540, relating to mandatory minimum terms;
(v) RCW 9.94A.650, relating to the first-time offender waiver;
(vi) RCW 9.94A.660, relating to the drug offender sentencing alternative;
p.
7 SSB 5293 (vii) RCW 9.94A.670, relating to the special sex offender sentencing alternative;
(viii) RCW 9.94A.655, relating to the parenting sentencing alternative;
(ix) Section 1 of this act, relating to the mental health sentencing alternative;
(x) RCW 9.94A.507, relating to certain sex offenses;
(((x))) (xi) RCW 9.94A.535, relating to exceptional sentences;
(((xi))) (xii) RCW 9.94A.589, relating to consecutive and concurrent sentences;
(((xii))) (xiii) RCW 9.94A.603, relating to felony driving while under the influence of intoxicating liquor or any drug and felony physical control of a vehicle while under the influence of intoxicating liquor or any drug;
(((xiii))) (xiv) RCW 9.94A.711, relating to the theft or taking of a motor vehicle.
(b) If a standard sentence range has not been established for the offender's crime, the court shall impose a determinate sentence which may include not more than one year of confinement;
community restitution work;
a term of community custody under RCW 9.94A.702 not to exceed one year;
and/or other legal financial obligations.
The court may impose a sentence which provides more than one year of confinement and a community custody term under RCW 9.94A.701 if the court finds reasons justifying an exceptional sentence as provided in RCW 9.94A.535.
(3) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days.
A sentence requiring more than thirty days of confinement shall be served on consecutive days.
Local jail administrators may schedule court-ordered intermittent sentences as space permits.
(4) If a sentence imposed includes payment of a legal financial obligation, it shall be imposed as provided in RCW 9.94A.750, 9.94A.753, 9.94A.760, and 43.43.7541.
(5) Except as provided under RCW 9.94A.750(4) and 9.94A.753(4), a court may not impose a sentence providing for a term of confinement or community custody that exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.
(6) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was p.
8 SSB 5293 solely in regard to the offense for which the offender is being sentenced.
(7) The sentencing court shall not give the offender credit for any time the offender was required to comply with an electronic monitoring program prior to sentencing if the offender was convicted of one of the following offenses:
(a) A violent offense;
(b) Any sex offense;
(c) Any drug offense;
(d) Reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050;
(e) Assault in the third degree as defined in RCW 9A.36.031;
(f) Assault of a child in the third degree;
(g) Unlawful imprisonment as defined in RCW 9A.40.040;
or (h) Harassment as defined in RCW 9A.46.020.
(8) The court shall order restitution as provided in RCW 9.94A.750 and 9.94A.753.
(9) As a part of any sentence, the court may impose and enforce crime-related prohibitions and affirmative conditions as provided in this chapter.
"Crime-related prohibitions" may include a prohibition on the use or possession of alcohol or controlled substances if the court finds that any chemical dependency or substance abuse contributed to the offense.
(10) In any sentence of partial confinement, the court may require the offender to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.
Sec.
4.
RCW 9.94A.633 and 2012 1st sp.s.
c 6 s 2 are each amended to read as follows:
(1)(a) An offender who violates any condition or requirement of a sentence may be sanctioned by the court with up to sixty days' confinement for each violation or by the department with up to thirty days' confinement as provided in RCW 9.94A.737.
(b) In lieu of confinement, an offender may be sanctioned with work release, home detention with electronic monitoring, work crew, community restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, or any other community-based sanctions.
p.
9 SSB 5293 (2) If an offender was under community custody pursuant to one of the following statutes, the offender may be sanctioned as follows:
(a) If the offender was transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.728, the offender may be transferred to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation.
(b) If the offender was sentenced under the drug offender sentencing alternative set out in RCW 9.94A.660, the offender may be sanctioned in accordance with that section.
(c) If the offender was sentenced under the parenting sentencing alternative set out in RCW 9.94A.655, the offender may be sanctioned in accordance with that section.
(d) If the offender was sentenced under the special sex offender sentencing alternative set out in RCW 9.94A.670, the suspended sentence may be revoked and the offender committed to serve the original sentence of confinement.
(e) If the offender was sentenced under the mental health sentencing alternative set out in section 1 of this act, the offender may be sanctioned in accordance with that section.
(f) If the offender was sentenced to a work ethic camp pursuant to RCW 9.94A.690, the offender may be reclassified to serve the unexpired term of his or her sentence in total confinement.
(((f))) (g) If a sex offender was sentenced pursuant to RCW 9.94A.507, the offender may be transferred to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation.
(3) If a probationer is being supervised by the department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, the probationer may be sanctioned pursuant to subsection (1) of this section.
The department shall have authority to issue a warrant for the arrest of an offender who violates a condition of community custody, as provided in RCW 9.94A.716.
Any sanctions shall be imposed by the department pursuant to RCW 9.94A.737.
Nothing in this subsection is intended to limit the power of the sentencing court to respond to a probationer's violation of conditions.
p.
10 SSB 5293 (4) The parole or probation of an offender who is charged with a new felony offense may be suspended and the offender placed in total confinement pending disposition of the new criminal charges if:
(a) The offender is on parole pursuant to RCW 9.95.110(1);
or (b) The offender is being supervised pursuant to RCW 9.94A.745 and is on parole or probation pursuant to the laws of another state.
Sec.
5.
RCW 9.94A.6332 and 2014 c 130 s 3 are each amended to read as follows:
The procedure for imposing sanctions for violations of sentence conditions or requirements is as follows:
(1) If the offender was sentenced under the drug offender sentencing alternative, any sanctions shall be imposed by the department or the court pursuant to RCW 9.94A.660.
(2) If the offender was sentenced under the special sex offender sentencing alternative, any sanctions shall be imposed by the department or the court pursuant to RCW 9.94A.670.
(3) If the offender was sentenced under the parenting sentencing alternative, any sanctions shall be imposed by the department or by the court pursuant to RCW 9.94A.655.
(4) If the offender was sentenced under the mental health sentencing alternative, any sanctions shall be imposed by the department or the court pursuant to section 1 of this act.
(5) If a sex offender was sentenced pursuant to RCW 9.94A.507, any sanctions shall be imposed by the board pursuant to RCW 9.95.435.
(((5))) (6) If the offender was released pursuant to RCW 9.94A.730, any sanctions shall be imposed by the board pursuant to RCW 9.95.435.
(((6))) (7) If the offender was sentenced pursuant to RCW 10.95.030(3) or 10.95.035, any sanctions shall be imposed by the board pursuant to RCW 9.95.435.
(((7))) (8) In any other case, if the offender is being supervised by the department, any sanctions shall be imposed by the department pursuant to RCW 9.94A.737.
If a probationer is being supervised by the department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, upon receipt of a violation hearing report from the department, the court retains any authority that those statutes provide to respond to a probationer's violation of conditions.
p.
11 SSB 5293 (((8))) (9) If the offender is not being supervised by the department, any sanctions shall be imposed by the court pursuant to RCW 9.94A.6333.
Sec.
6.
RCW 9.94A.701 and 2010 c 267 s 11 and 2010 c 224 s 5 are each reenacted and amended to read as follows:
(1) If an offender is sentenced to the custody of the department for one of the following crimes, the court shall, in addition to the other terms of the sentence, sentence the offender to community custody for three years:
(a) A sex offense not sentenced under RCW 9.94A.507;
or (b) A serious violent offense.
(2) A court shall, in addition to the other terms of the sentence, sentence an offender to community custody for eighteen months when the court sentences the person to the custody of the department for a violent offense that is not considered a serious violent offense.
(3) A court shall, in addition to the other terms of the sentence, sentence an offender to community custody for one year when the court sentences the person to the custody of the department for:
(a) Any crime against persons under RCW 9.94A.411(2);
(b) An offense involving the unlawful possession of a firearm under RCW 9.41.040, where the offender is a criminal street gang member or associate;
(c) A felony offense under chapter 69.50 or 69.52 RCW, committed on or after July 1, 2000;
or (d) A felony violation of RCW 9A.44.132(1) (failure to register) that is the offender's first violation for a felony failure to register.
(4) If an offender is sentenced under the drug offender sentencing alternative, the court shall impose community custody as provided in RCW 9.94A.660.
(5) If an offender is sentenced under the special sex offender sentencing alternative, the court shall impose community custody as provided in RCW 9.94A.670.
(6) If an offender is sentenced to a work ethic camp, the court shall impose community custody as provided in RCW 9.94A.690.
(7) If an offender is sentenced under the parenting sentencing alternative, the court shall impose a term of community custody as provided in RCW 9.94A.655.
p.
12 SSB 5293 (8) If the offender is sentenced under the mental health sentencing alternative, the court shall impose a term of community custody as provided in section 1 of this act.
(9) If a sex offender is sentenced as a nonpersistent offender pursuant to RCW 9.94A.507, the court shall impose community custody as provided in that section.
(((9))) (10) The term of community custody specified by this section shall be reduced by the court whenever an offender's standard range term of confinement in combination with the term of community custody exceeds the statutory maximum for the crime as provided in RCW 9A.20.021.
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13 SSB 5293
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Action History

  1. Effective date 7/25/2021.

  2. Chapter 242, 2021 Laws PV.

  3. Governor partially vetoed.

  4. Delivered to Governor.

  5. Speaker signed.

  6. President signed.

  7. Third reading, passed; yeas, 88; nays, 9; absent, 0; excused, 1.

  8. Rules suspended. Placed on Third Reading.

  9. Rules Committee relieved of further consideration. Placed on second reading.

  10. Referred to Rules 2 Review.

  11. Scheduled for public hearing in the House Committee on Public Safety at 01:30 PM

  12. PS - Majority; do pass.

  13. Executive action taken in the House Committee on Public Safety at 1:30 PM.

  14. Scheduled for public hearing in the House Committee on Public Safety at 10:00 AM

  15. Public hearing in the House Committee on Public Safety at 10:00 AM.

  16. First reading, referred to Public Safety.

  17. Third reading, passed; yeas, 48; nays, 0; absent, 0; excused, 1.

  18. Rules suspended. Placed on Third Reading.

  19. 2nd substitute bill substituted (WM 21).

  20. Placed on second reading by Rules Committee.

  21. Scheduled for public hearing in the Senate Committee on Ways & Means at 09:30 AM

  22. Passed to Rules Committee for second reading.

  23. Minority; without recommendation.

  24. WM - Majority; 2nd substitute bill be substituted, do pass.

  25. Executive action taken in the Senate Committee on Ways & Means at 9:30 AM.

  26. Scheduled for public hearing in the Senate Committee on Ways & Means at 01:30 PM

  27. Public hearing in the Senate Committee on Ways & Means at 1:30 PM.

  28. Referred to Ways & Means.

  29. Scheduled for public hearing in the Senate Committee on Law & Justice at 10:30 AM

  30. And refer to Ways & Means.

  31. LAW - Majority; 1st substitute bill be substituted, do pass.

  32. Executive action taken in the Senate Committee on Law & Justice at 10:30 AM.

  33. Scheduled for public hearing in the Senate Committee on Law & Justice at 09:30 AM

  34. Public hearing in the Senate Committee on Law & Justice at 9:30 AM.

  35. First reading, referred to Law & Justice.

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Sponsorship breakdown

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1 sponsors · 11 co-sponsors · 139 not signed on · 6 voted No

Sponsors (1)

Co-sponsors (11)

Not signed on (139)

139 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading & Final Passage (#18)

Passed 88 Yea · 9 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 20600
Democrat 48000
Unaffiliated 20301
Total 88901
% of votes cast 90%9%0%1%
How each member voted (98)
Member Party Vote
Chambers — Yea
Chandler — Nay
Chopp — Yea
Cody — Yea
Dolan — Yea
Gilday — Yea
Harris-Talley — Yea
Hoff — Yea
Kirby — Yea
Klippert — Yea
Kraft — Nay
Kretz — Yea
Maycumber — Yea
McCaslin — Not Voting
Mosbrucker — Yea
Robertson — Yea
Sells — Yea
Sullivan — Yea
Sutherland — Yea
Vick — Nay
Wicks — Yea
Wilcox — Yea
Young — Yea
Johnson, J. — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Yea
April Berg Democrat Yea
Bill Ramos Democrat Yea
Cindy Ryu Democrat Yea
Dan Bronoske Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Javier Valdez Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
John Lovick Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Noel Frame Democrat Yea
Roger Goodman Democrat Yea
Sharon Shewmake Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Nay
Andrew Barkis Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Yea
Cyndy Jacobsen Republican Yea
Dan Griffey Republican Yea
Drew MacEwen Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Yea
Jenny Graham Republican Nay
Jeremie Dufault Republican Nay
Jim Walsh Republican Nay
Joe Schmick Republican Yea
Joel McEntire Republican Nay
Keith Goehner Republican Yea
Mark Klicker Republican Yea
Mary Dye Republican Yea
Matt Boehnke Republican Yea
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Peter Abbarno Republican Yea
Rob Chase Republican Yea
Skyler Rude Republican Yea
Tom Dent Republican Nay

Official roll call →

3rd Reading & Final Passage (#8)

Passed 48 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 19001
Republican 13000
Democrat 16000
Total 48001
% of votes cast 98%0%0%2%
How each member voted (49)
Member Party Vote
Billig — Yea
Brown — Yea
Carlyle — Yea
Darneille — Yea
Das — Yea
Ericksen — Not Voting
Frockt — Yea
Hawkins — Yea
Hobbs — Yea
Honeyford — Yea
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Yea
Randall — Yea
Rivers — Yea
Rolfes — Yea
Sheldon — Yea
Van De Wege — Yea
Wilson, L. — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Derek Stanford Democrat Yea
Jamie Pedersen Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Chris Gildon Republican Yea
Curtis King Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Yea
Jim McCune Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 5293?
SB 5293 is sponsored by Jesse Salomon (Democrat), Rivers, Liz Lovelett (Democrat), Keiser, Bob Hasegawa (Democrat), Manka Dhingra (Democrat), Das, Darneille, T'wina Nobles (Democrat), Joe Nguyen (Democrat), Claire Wilson (Democrat), and Van De Wege.
What is the current status of SB 5293?
This bill has been enacted into law. Introduced January 20, 2021. Enacted.
Where can I track SB 5293?
Track SB 5293 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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