HB 1798 — Concerning allowed earned release time for certain offenses and enhancements.

H-2734.3Z-0341.1 SUBSTITUTE HOUSE BILL 1798 State of Washington 68th Legislature 20242023 Regular Session By House Community Safety, Justice, & Reentry (originally sponsored by Representatives Doglio, Simmons, Reed, Ormsby, and Gregerson;

by request of Department of Corrections)Corrections READRead FIRSTfirst TIMEtime 01/22/24.02/08/23.

Referred to Committee on Community Safety, Justice, & Reentry.

and amending RCW 9.94A.729.9.94A.729;

and creating new sections.

The((The correctional agency may calculate but shall not credit the offender with earned release credits in advance of the offender actually earning the credits.credits.)) (b) Any program established pursuant to this section shall allow an offender to earn ((early)) earned release time credits for presentence incarceration.

(b)If Anyan programoffender establishedis pursuanttransferred from a county jail to thisthe sectiondepartment, shallthe allowadministrator anof offendera county jail facility shall certify to earnthe ((early))department earnedthe releaseamount of time creditsspent forin presentencecustody incarceration.at the facility and the number of days of ((early)) earned p.

If1 anHB offender1798 is transferred from a county jail to the department, the administrator of a county jail facility shall certify to the department the amount of time spent in custody at the facility and the number of days of ((early)) earned release time credits lost or not earned.

The department may approve a p.jail certification from a correctional agency that calculates ((early)) earned release time based on the actual amount of confinement time served by the offender before sentencing when an erroneous calculation of confinement time served by the offender before sentencing appears on the judgment and sentence.

1 SHB 1798 jail certification from a correctional agency that calculates ((early)) earned release time based on the actual amount of confinement time served by the offender before sentencing when an erroneous calculation of confinement time served by the offender before sentencing appears on the judgment and sentence.

(c)(2)(((a) UponAn anoffender offender'swho transferhas tobeen theconvicted department,of anda atfelony anycommitted timeafter anJuly offender's23, earned1995, releasethat timeinvolves creditsany areapplicable recalculated,deadly theweapon departmentenhancements mustunder notifyRCW the9.94A.533 victims(3) andor survivors(4), ofor victimsboth, ofshall not receive any crimesgood fortime whichcredits theor offenderearned hasrelease beentime convictedfor that portion of thehis offender'sor earnedher releasesentence date.that results from any deadly weapon enhancements.

(2)(a)(b) An offender whowhose hassentence beenincludes convictedany ofimpaired adriving felonyenhancements committedunder afterRCW July9.94A.533(7), 23,minor 1995,child and before July 1, 2024, that involves any applicable deadly weapon enhancements under RCW 9.94A.5339.94A.533(13), (3) or (4), or both, shall not receive any good time credits or earned release time for thatany portion of his or her sentence that results from anythose deadly weapon enhancements.

(b)(3) An offender whosemay sentenceearn includesearly any impaired driving enhancements under RCW 9.94A.533(7), minor child enhancements under RCW 9.94A.533(13), or both, for offenses committed before July 1, 2024, shall not receive any good time credits or earned release time foras anyfollows: portion of his or her sentence that results from those enhancements.

(3)(a) AnIn offenderthe whocase isof an offender sentenced forpursuant offensesto committedRCW before10.95.030(3) Julyor 1,10.95.035, 2024,the offender may earnnot receive any earned early release time asduring follows:the minimum term of confinement imposed by the court;

(a) In the case of an offender sentenced pursuant to RCW 10.95.030(((3))) (2) or 10.95.035, the offender may not receive any earned early release time during the minimum term of confinement imposed by the court;

p.(c) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2003, the aggregate earned release time may not exceed 10 percent of the sentence.

2 SHB 1798 (c) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2003, and before July 1, 2024, the aggregate earned release time may not exceed 10 percent of the sentence.

(i)p. Is not classified as an offender who is at a high risk to reoffend as provided in subsection (4) of this section;

2 HB 1798 (i) Is not classified as an offender who is at a high risk to reoffend as provided in subsection (4) of this section;

(5)(a) A person who is eligible for earned early release as provided in this section and who will be supervised by the department p.pursuant to RCW 9.94A.501 or 9.94A.5011, shall be transferred to community custody in lieu of earned release time;

3 SHB 1798 pursuant to RCW 9.94A.501 or 9.94A.5011, shall be transferred to community custody in lieu of earned release time;

All offenders with community custody terms eligible for release to community custody in lieu of earned release shall provide anp. approved residence and living arrangement prior to release to the community;

3 HB 1798 an approved residence and living arrangement prior to release to the community;

If more than two voucher recipients will be residing per dwelling unit, as defined in RCW 59.18.030, rental vouchers for those recipients may only be paid to a housing provider on the department's list((;list;

p.(f) For each offender who is the recipient of a rental voucher, the department shall gather data as recommended by the Washington state institute for public policy in order to best demonstrate whether rental vouchers are effective in reducing recidivism.

4(6) SHBAn 1798offender (f)serving Fora eachterm offenderof whoconfinement imposed under RCW 9.94A.670(5)(a) is thenot recipienteligible offor aearned rentalrelease voucher,credits theunder departmentthis shallsection.)) gatherFor dataany asterm recommendedof byconfinement theset Washingtonto statebe institutecompleted foron publicor policyafter inJuly order1, to2023, bestan demonstrateoffender whethermay rentalaccrue vouchersearned arerelease effectivetime inup reducingto recidivism)).p.

(6)4 AnHB offender1798 serving33.33 apercent term of confinementthe imposedtotal undersentence. RCW 9.94A.670(5)(a) is not eligible for earned release credits under this section.

(7)(a)In Anthe offendercase mayof accrueconsecutive earnedsentences, releasethe timephrase up"any toterm 33.33 percent of theconfinement totalset sentenceto forbe offensescompleted committed on or after July 1, 2024,2023," includingmeans the sentence enhancementscurrently underbeing RCWserved 9.94A.533,and exceptany thatsentences yet to be served, but not any consecutive sentence previously served by the followingoffender, arewhether ineligiblethe forconsecutive earnedsentences releaseare timeimposed under thisone subsection:judgment or multiple judgments.

This includes sentence enhancements under RCW 9.94A.533, except that:

(a) The following are ineligible for earned release time:

(c) An offender qualified to earn up to 50 percent earned release time under RCW 9.94A.729 shall not lose earned release time accrued before July 1, 2023.

NEW SECTION.

Sec.

2.

Pursuant to RCW 9.94A.729, the department of corrections shall recalculate the earned release date for any offender currently serving a term of confinement 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 apply to any term of confinement set to be completed on or after July 1, 2023, and shall not extend a term of incarceration beyond that to which an offender is currently subject.

This act applies to any term of confinement set p.

5 HB 1798 to be completed on or after July 1, 2023, regardless of the date of the underlying offense.

NEW SECTION.