Wed Apr 7 2004
Washington Legislature Reduces
SSOSA Eligibility & Increases Confinement
The Washington Legislature has revised the law governing the Special Sex Offender Sentencing Alternative in several ways. Most prominent of the changes in ESHB 2400 are limits on SSOSA eligibility and increases in authorized confinement under a SSOSA sentence.
The changes will not go into effect until July 1, 2005.
Under the new law, an offender will be eligible for SSOSA only if he "had an established relationship with, or connection to, the victim such that the sole connection with the victim was not the commission of the crime." Also, an offender is disqualified from SSOSA if he caused the victim "substantial bodily harm," a phrase the new law specially defines, or if he has an adult conviction for a violent offense committed within five years of the sex offense.
The new law will increase the maximum confinement under a SSOSA sentence, now six months, to the lesser of twelve months and the upper end of the standard sentence range-- except that the court may order more time if it finds a listed aggravating factor.
A court will be required, under the new law, to give "great weight" to the victim's opinion whether to impose a SSOSA sentence; the court must enter written findings if it imposes SSOSA over the victim's objection. An offender's evaluation for SSOSA and his treatment under a SSOSA sentence will have to be performed by different certified sex offender treatment providers.
The law also directs two groups to study sex offender sentencing and report to the Legislature by the end of 2004.
Copyright © 2004 David S. Marshall
