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Washington Felony Sentencing Provisions1990 - 1999Initiative 593 - “Three-Strikes Sentences” also known asPersistent Offender Sentencing, was approved by the voters andeffective 30 days later on 12/02/93. “Sexual Motivation finding”created. SSOSA eligible sentencingranges increased from 6 to 8years (reflects level increases forsome sex offenses) Eff 7/1/901991 Failure to Register as a Sex Offender on a classB or C sex offense becomes an unranked class Cfelony. DOSA sentencing is created (Eff 7/95) Initiative 159 – “Hard Time for ArmedCrimes” was approved by the legislature.The initiative increased penalties for alloffenses committed with a firearm or deadlyweapon. Current SV offense of 2 or moreare served consecutively (was 3or more). Eff 7/1/901990 SSOSA eligible sentencing ranges increasefrom 8 to 11 years.19921993199419951996 Increased seriousness level of Manslaughter 1from IX to XI. Increased Manslaughter 2 class from C to Band seriousness level from VI to VIII.1997 “Serious Offense” subcategory created. Decline hearing must be held when juvenile 12 committed offense with use of a deadlyweapon. Original exclusive jurisdiction given to superior court for 16-17 year old juvenilescommitting “serious violent” or “violent” offenses with specific criminal history. Expands the “Persistent Offender” sentencing option toinclude “Two Strike Sex Offenders”.19981999 DOSA sentencing rules are amendedand eligibility rules are expanded. Additional seriousness level createdin sentencing grid for Murder 2. Scoring rule changes forManslaughter, Veh Homicide-DUI, andmultiple weapon-related offenses. 12 unranked offenses where assignedseriousness levels. Creates new crimes related to methamphetamines.Washington Sentencing Guidelines CommissionDecember 24, 2018 Offenses under superior court’s original exclusive jurisdictionfor juveniles is expanded.1
Washington Felony Sentencing Provisions2000 - 2008 SSOSA eligibility rules amended to allow those w/o a violent prior within last 10 years.o Mandatory 12 months of total confinement (up from 6 months)o Treatment length is expanded from 3 to 5 years. Not Earned Release eligible.Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403, 2004 U.S. LEXIS4573, 72 U.S.L.W. 4546, 6 A.L.R. Fed. 2d 619, 17 Fla. L. Weekly Fed. S 430 (U.S. June 24,2004) Blakely v WA is heard by the Supreme Court and results in changes to how a finding foran exceptional sentence can be imposed.Non Persistent Sex Offender Sentencing under RCW 9.94A.712 iscreated.2000 OffenderAccountabilityAct isestablished. SRA isrecodified andrestructured.20012002 Amended scoring ofstatutory drug offenses tosingle scoring against priorviolations of chapter 69.50(excludes Mfg of Meth &Deliver C/H w/sex orviolent priors). Some specific violationsof 69.50 for the delivery ofcocaine or heroin becomelevel VII offenses.20032004 Drug Grid andDrug Levels areestablished underRCW 9.94A3.517and .518. Effectivefor drug offensesoccurring on orafter 7/2003. Earned ReleaseAllowancesamended.Washington Sentencing Guidelines CommissionDecember 24, 20182005Three new “allegations” for selectsex offenses with children orvulnerable victims:o Predatoryo Victim was less than 15 years ofageo Victim had diminished capacityThese allegations, if proven, resultin a statutory minimum sentenceof the high end of the range or 25years, whichever is greatest (RCW9.94A.540).2006 Residential DOSACommunity TreatmentOption is created andeffective for“sentences” imposedon or after 10/1/2005 DOSA sentencingeligible is expandedagain to include aseligible for DOSAthose offenders w/o aprior sex offense inthe last 10 years.2007Establishes thecourt’s authority toempanel a jury forthe purposed ofestablishing a“finding” for anaggravatedexceptionalsentence. Failure to Register as a SexOffender increased to Class B felony. Criminal Mistreatment seriousnesslevel increased from IX to XII. “Most Serious Offense” to includeany out-of-state conviction of 10 years with a finding of sexualmotivation.2008 Three new sentencing provisionsfor offenses involving Criminal StreetGang Activities;o Aggravated findingo 12 months community custody forany jail term conviction of UnlawfulPossession of a Firearm 1 or 2, if theoffender is a gang member.o Increased penalties for adultCriminal Street Gang Members whoinvolve a minor in a gang-relatedfelony.2
Washington Felony Sentencing Provisions2009-2010 Language clarified so that DOSA community custody shall equal one-half of the midpoint ofthe standard range. Term of community custody established for unranked offenses that exceed 12 monthsbased on exceptional sentence and for which there is no established sentence range. Terms of community custody are changed from ranges to specific terms: 36 months for sexoffenses, serious violent offenses, and sex offenders convicted of Failure to Register; 18months for violent offenses; 12 months for crimes against a person, drug offense, offenseinvolving unlawful possession of a firearm by a gang member. Adds periods of community supervision or parole supervision to the maximum sentence fora juvenile convicted of a felony motor vehicle offense. Directs DOC to supervise only:o Offenders with high risk classificationo Sex offenderso DMIOo Offenders with an indeterminate sentenceo DOSA, SSOSA or FTOWo All offenders requiring supervision under the Interstate Compacto Offenders sentenced to probation by superior court andconvicted of the following misdemeanor offenses: misdemeanantsex offenders, including those convicted of Failure to Register;Assault 4th or violation of Domestic Violence court order with aprior conviction.20102009 Adds offenders with serious violent offense conviction to the list of those supervised byDOC regardless of risk to reoffend. Modification of sentencing provisions for juveniles convicted of Taking a Motor VehicleWithout Permission 1 or 2, Theft of a Motor Vehicle or Possession of Stolen Vehicle. Allows the juvenile court to have jurisdiction over a juvenile, even if the juvenile haspreviously been the subject of adult court jurisdiction as a result of a decline hearing, if inadult court the juvenile is either acquitted of the offense charged or convicted of a lesseroffense. Allows the prosecutor and the respondent to waive the exclusive adult court jurisdictiontriggered by certain offenses when the juvenile is age 16 or 17 years and excludesjuveniles age 15 years from mandatory decline hearings. Monetary thresholds for property crimes are increased.Washington Sentencing Guidelines CommissionDecember 24, 2018 Parenting SentenceAlternative was created Dealing and Sending orBringing into the State:o 1st – class B, level VIIo 2nd – class C , level V Possession:o 1st – class B, level VIo 2nd – class C, level IV Viewing:o 1st – class B, level IVo 2nd – class C, unranked Felony DUI – definition of prior offenseis clarified Adjusts scoring of prior felony and nonfelony domestic violent-related offenses. The first conviction of Failure toRegister as a Sex Offender is no longerconsidered a sex offense but can receive1 year of community supervision. Creation of aggravating factor forViewing When Paying to View Depictionsof a Minor over the Internet.3
Washington Felony Sentencing Provisions2011-2014 Creates a new sentencing scheme foroffenders convicted of Aggravated Murderin the first degree under the age of 18: (1)if under 16 years of age at the date ofoffense, the offender will receive anindeterminate sentence with a minimumof 25 years and a maximum term of life; or(2) if 16 or 17 years old at the time ofoffense, the offender will receive anindeterminate sentence with a minimumof 25 years or more and a maximum termof life. Felony DUI - all predicate crimes for the offense must be included in the offender score which include a deferred sentencefor Negligent Driving 1, Reckless Driving, or Reckless Endangerment, when the original charge, which was pled down to alesser charge, was filed as a DUI, PC, equivalent ordinance, Veh Homicide, or Veh Assault. DOC must supervise individuals convicted of Veh Homicide, Veh Assault, felony DUI or PC regardless of risk classification. Promoting Commercial Sex Abuse of a Minor is added as a gang-related offense. Veh Homicide seriousness level increased from IX to XI. Commercial Sex Abuse of a Minor and Promoting Commercial Sex Abuse of a Minor areadded to list of offenses constituting criminal profiteering activity.2011 DOC community supervision was eliminatedfor those convicted of first Failure to Registerwith a moderate/low risk level, and those witha prior offense and convicted after 8/1/11 ofmisdemeanor Assault 4 or Violation ofDomestic Violence Court Order. DOC must supervise those convicted after8/1/11 of 2 domestic violence convictions.20122013 Tolling of community custody while anoffender is confined for violating asentencing condition is eliminated. Veh Assault-DUI and Veh Homicide-DUIare considered prior offenses for felonyDUI. Once convicted of felony DUI, anysubsequent DUI becomes a felony DUI. Maximum terms of community custody were Creates aggravating factor whenreduced for offenders sentenced under theoffense was intentionally committed dueFirst-Time Offender Waiver.to perceived homelessness of victim.Washington Sentencing Guidelines CommissionDecember 24, 20182014 Provides for resentencingof offenders previouslysentenced to a term of lifefor an offense committedunder the age of 18. Allows a personconvicted of an offensecommitted prior to his orher eighteenth birthday topetition the IndeterminateSentence Review Board forearly release after serving20 years. Sentences for a felony driving under theinfluence or being in physical control of amotor vehicle under the influence ofintoxicating liquor or any drug must beserved consecutively with any sentencesimposed for circumventing an ignitioninterlock device or operating a motor vehiclewithout a required ignition interlock device,both gross misdemeanor offenses.Sentences for circumventing an ignitioninterlock device or operating a motor vehiclewithout a required ignition interlock deviceare also served consecutively.4
Washington Felony Sentencing Provisions2015-2018 Felony DUI if three or more prioroffenses within ten years. Authorizes the DOC to supervise offenders up to thelength of supervision that can be imposed by a court. Veh Homicide-Reckless seriousness level increasedfrom VIII to XI. New mitigating factor if the person has committedno other previous serious traffic offenses and thecurrent sentence is clearly excessive.20152016 Requires the Department of Corrections (DOC) to supervise anyoffender released by the Indeterminate Sentence Review Board(ISRB) and who was sentenced to community custody or subjectto community custody under the terms of release. Prohibits an offender convicted of Aggravated first degreeMurder prior to the person's eighteenth birthday from receivingearned early release time during the minimum term ofconfinement imposed by the court.Washington Sentencing Guidelines CommissionDecember 24, 2018 Felony DUI seriousness levelincreased from V to IV. Creates the crimes of Theft from aVulnerable Adult 1 and 2. Categorizes CriminalMistreatment (first and seconddegree) and Theft from a VulnerableAdult as crimes against persons. Elevates Assault 4 involving domesticviolence to a class C felony when defendanthas 2 prior adult convictions in prior 10years for certain crimes involving DV. Assault 4-DV is considered a crime againsta person. Counts prior adult convictions for Assaultof a Child or Criminal Mistreatmentinvolving DV as two points when calculatingan offender score for sentencing pursuantto a felony DV conviction.2017 Eliminates exclusive adult courtjurisdiction for 16 and 17 year olds chargedwith Robbery in the first degree; Drive-byShooting; Burglary in the first degree withone or more prior adjudications; and anyviolent offense when the juvenile is allegedto have been armed with a firearm. Limits discretionary decline hearings to 15year olds and older who are charged with aserious violent felony and 14 year olds andyounger who are charged with Murder inthe first or second degree.2018 Limits mandatory declinehearings to individuals chargedwith Escape when therespondent is serving aminimum sentence to age 21. Creates a new offense categorycalled A that includes a rangeof 129 weeks to 260 weeks ofconfinement for individuals age16 or 17 that are adjudicated ofRobbery in the first degree, andDrive-by Shooting.5
Washington Felony Sentencing Enhancements1989 - 2009 “School Zone” enhancement of 24 months for a violation ofRCW 69.50 within 1000 ft of a school or school bus stop.Enhancements will double for subsequent violations. “While in a county jail or state correctional facility”enhancement for specific violations of RCW 69.50.401 or69.50.410. Based on class of the offenses, the enhancementsare an additional 12, 15 or 18 months of confinement. “School Zones” are expanded to include “other” publicareas and renamed “Protected Zones” and are eligible for a24 month enhancement for violations of RCW 69.50.198919981999 Enhancement of 24 months foreach prior DUI* conviction whenthe current offense is a convictionof Vehicular Homicide-DUI. (*onlyDUI’s that are not part of theoffender score).2000 “Adult offender that uses a minor in the commission of a criminal street gangrelated felony by threat or by solicitation” enhancement shall multiply the standardrange by 125%. Enhancement is unavailable if prosecution seeks an exceptionalsentence based on an aggravating factor under RCW 9.94A.535. “Endangerment of Another” enhancement of 12 months and 1 day for a finding ofendangering another during the commission of Attempting to Elude a Police Vehicle. “Eluding Police Vehicle “ enhancement shall add 12 months and 1 day to standardsentencing range.2001 2002 2003 2004 2005“Child on the Premises” enhancement of24 months is created for convictions ofManufacture of Meth or Possession ofEphedrine or Pseudoephedrine withintent to Manufacture Meth, while aminor is present. Clarifies that firearm and deadlyweapon enhancements may notbe reduced if sentence exceedsstatutory maximum.Washington Sentencing Guidelines CommissionDecember 24, 2018200620072008“Sexual Contact for a Fee”enhancement of 24 months shallbe imposed for a finding of“sexual contact for a fee” onoffenses of Rape of a Child andChild Molestation.“Sexual Motivation” enhancement shall add a period of 24, 18or 12 months (based on the underlying offense class) to thestandard sentencing range for offenses committed with sexualmotivation. Qualifying “subsequent violations” for sexualmotivation findings will double the period of enhancement.2009“Assaulting a LawEnforcementOfficer/Employee”enhancement of 12months imposed forfinding that offenseoccurred while they wereperforming official duties.6
Washington Felony Sentencing Enhancements2010 - 2018Sentence enhancementof 12 months added forevery child under 16 inthe vehicle when driveris convicted of felonyDUI, Veh Assault-DUI orVeh Homicide-DUI.20102011“Vehicular HomicideDUI” shall bemandatory, shall beserved in totalconfinement, and shallrun consecutively toall other sentencingprovisions.20122013“Robbery 1 – Against aPharmacy”enhancement of 12months.Washington Sentencing Guidelines CommissionDecember 24, 2018Allows the DOC to releasepersons convicted of one ormore crimes committed priorto the person's eighteenthbirthday, who were released bythe ISRB, notwithstandingmandatory sentencingenhancements.20142015201620172018State v. Conover, 183 Wn.2d 706, 711, 355P.3d 1093 (2015)“Clarified” the rules that all impaired drivingenhancements are mandatory, must beserved in confinement, and must be servedconsecutively to the person's standardsentence and any other impaired drivingenhancements. However, the offender maybe granted an extraordinary medicalplacement.7
Washington Weapon Enhancements1990 - 2018All violent or serious violentoffenses, not previouslyeligible for a deadly weaponenhancement, will now beeligible for 12 months ofadditional confinement for afinding that a weapon was usedin the commission of a currentoffense1990 19911992Assault of a Child 2 isadded to the list ofoffenses eligible for adeadly weaponenhancement.199319941995Sentencing rules for currentoffense with a weapon findingwere clarified. Mandatory Severed in total confinement. Consecutive to the standardsentencing range for underlyingoffense(s) and to other weaponfindings.1996 19971998State v. Thomas; 150 Wn. 2d 666, 80 P.3d 168(Dec. 11, 2003)“Clarified” the rules for imposing a sentencefor multiple current offenses with at least oneDeadly Weapon/Firearm finding and clarifiedthat the statutory maximum of an offenselimits only that single offense, allowingweapon enhancement to be imposed/servedconsecutively to the longest underlyingsentence.1999 2000 2001 2002 20032004“I-593 Hard Time for Armed Crime” Initiative, created new and separate weaponenhancements for firearm findings & for deadly weapon findings (See below). Based onthe class of current offenses with the finding and if it was the 1st or subsequentoffense, different periods of enhancement apply. All felony offenses (other thanfirearm offenses) are eligible for a weapon finding.Firearm Enhancement PeriodsDeadly Weapons Enhancement PeriodsClass A firearms – 60/120 monthsClass A deadly weapon – 24/48 monthsClass B firearms – 36/72 monthsClass B deadly weapon – 12/24 monthsClass C firearms – 18/36 monthsClass C deadly weapon – 6/12 monthsWashington Sentencing Guidelines CommissionDecember 24, 20182018 Both Firearm and Deadly Weaponenhancements to include possession of abump-fire stock and use of a bump-fire stock. Creates an additional firearm enhancementof 12 months for juveniles adjudicated for anyviolent offense committed by a 16 or 17 yearold. Creates a new 3 month enhancement forthe offenses removed from exclusive adultcourt jurisdiction if the respondent'sparticipation was related to membership in acriminal street gang.8
Washington Felony Sentencing Provisions 2015-2018 Felony DUI if three or more prior offenses within ten years. Felony DUI seriousness level increased from V to IV. Creates the crimes of Theft from a Vulnerable Adult 1 and 2. Categorizes Criminal Mistreatment (first and second degree) and Theft from a Vulnerable
