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Sentencing Guidelines Commission Report - November 2001

Dear Friends,

I attended last Friday's final Sentencing Guidelines Commission meeting on the comprehensive sentencing review without many expectations, but in fact much was accomplished.

In the area of drug penalties and treatment, three options are to be included in the final report which will be presented to the legislature at 8 am on Friday November 30 before the Senate Judiciary Committee:

1. The Reduction of sentences for drug sales from Level VIII to VII on the sentencing grid with eliminating of triple scoring.

2. The Reduction of sentences for drug sales from Level VIII to VI on the sentencing grid with eliminating of triple scoring.

3. A new grid for drug crimes, which is the option the SGC is recommending to the legislature. On the new drug grid, the options listed are to be the presumptive sentence, which doesn't completely rule out other dispositions such as drug court, for example, where they are not specified. I can fax you a copy of this grid and three explanatory pages if you request it.

Other specific SGC recommendations to be included in its final report:

1. Reduction of sentences for nonviolent property crimes by 20%.
2. Enlargement of earned early release time eligibility for nonviolent property offenders for good conduct  and participation in programs from 30% to 50% in both prisons and jails.
3. Removal of Assault 2 and Robbery 2 from Three Strikes.
4. Eliminating double scoring for Burglary 2.
5. Increase maximum conversion of jail to community service from 30 to 90 days.
6. Elimination of jail for nonpayment of monetary obligations. 
7. Adding a youthful offender sentencing alternative for most juveniles subject to a mandatory decline, permitting them to be remanded to the Juvenile Rehabilitation Administration until age 21, after which there would be a further decision as to additional incarceration in the adult system, or supervision. 

While some of these recommendations were proposed merely as ways to produce a grid consistent with correctional capacity in order to meet one of the requirements of the legislative mandate, in the end they emerged as positive recommendations of the commission.

The final result was definitely influenced by the budget crisis and inspired in part by DOC's budget recommendations to the governor. Regardless of what happens to the budget, however, some of them have now become policy recommendations by the SGC as a part of its required report, bringing its comprehensive study to a very productive conclusion.

Now our job is to see that they are drafted into legislation.

I won't be able to attend the Criminal Justice Reform Summit this weekend at Seattle University, but hope many of you will be able to attend. I can forward information on it for anyone who needs it. 

I will be taking part in the defenders' association's legislative committee meeting next Thursday by phone, and will be meeting with our Friends' legislative committee in Olympia on Thursday the 29th. I will also be available on the 29th and 30th to meet with others in Olympia to discuss a legislative strategy for the coming session, which will be an important one for criminal justice issues. 

Best wishes,

Daniel N. Clark
Friends Committee on Washington State Public Policy
PO Box 1222
Walla Walla WA 99362
Tel. 509-522-0399, Fax 522-0415
[email protected]
www.quaker.org/fcwpp