statistical summary of adult felony sentencing - Washington State ...

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EXECUTIVE SUMMARY 1 • In FY11, the total number of felony sentences imposed in Washington increased 0.8%, from 22,662 sentences in FY10 to 22,842 sentences in FY11. • Changes in the rate and number of sentences imposed between FY09 and FY10 are summarized as follows: -14.5 % Robbery (from 764 to 653) +4.7 % Drugs (from 5,986 to 6,269) -3.0 % Property (from 7,269 to 7,052) +13.4 % Manslaughter (from 82 to 93) +4.6 % Assaults (from 5,302 to 5,546) +28.7 % Murder (from 113 to 115) -6.8 % Sex (from 945 to 881) • In FY11, 13 offenders were sentenced to life in prison as persistent offenders under the “three strikes” provision of RCW 9.94A.030(37)(a). The 13 new persistent offender sentences imposed in FY11 resulted in a decrease of 27.8 % from the 18 sentences in FY10. • The percentage of felony sentences that resulted in a prison sentence increased slightly from 37.5% in FY10 to 37.6% in FY11. • The average prison sentence in FY11 was 43.6 months, up from 41.8 months in FY10. The average jail sentence length in FY11 was 3.2 months, which is same as in FY10. Overall, the average sentence length of all felony sentences increased from 17.5 months in FY10 to 18.2 months in FY11. • In FY11, the number of sentences imposed for Violations of the Uniform Controlled Substances Act (VUCSA) increased by 4.8% from the previous year. The number of sentences for “dealing” offenses slightly increased by 0.8% and the number of sentences for “non-dealing” offenses increased by 6.1%. • The number of First-time Offender Waivers (FTOW) granted increased from 1,469 in FY10 to 1,538 in FY11, a 4.7% increase. Approximately 56.6% of the First Time Offender Waivers were below the standard range minimum, and 42.8% were within the standard range. • The number of Special Sex Offender Sentencing Alternative (SSOSA) sentences imposed by the court decreased from 131 in FY10 to 98 in FY11, a 25.2% decrease. • The number of Drug Offender Sentencing Alternative (DOSA) sentences imposed by the court decreased from 1,488 sentences in FY10 to 1,724 in FY11, an decrease of 15.9%. Among 1,724 DOSA sentences, there were 1,055 Prison-based DOSA and 669 Residential DOSA. These are all non-exceptional sentences. 1 The numbers of sentences referenced in this report are as of November 29, 2011. These are subject to change as missing sentencing data becomes available. vi
Table 1. Average Sentence Length by Forecasting Crime Type Fiscal Year 2011 CATEGORY PRISON SENTENCE Number Months JAIL SENTENCE Number Months OTHER SENTENCE Number TOTAL Number Murder 1 61 541.7 0 n.a. 0 61 Murder 1** 11 Life 0 n.a. 0 11 Murder 2 75 241.7 0 n.a. 0 75 Murder 2** 1 Life 0 n.a. 0 1 Manslaughter 89 68.2 4 5.9 0 93 Sex 595 82.9 270 6.9 12 877 Sex** 4 Life 0 n.a. 0 4 Robbery 485 57.8 164 6.0 2 651 Robbery** 2 Life 0 n.a. 0 2 Assault 2,294 42.3 3,082 4.1 166 5,542 Assault** 4 Life 0 n.a. 0 4 Property 2,392 31.7 4,363 2.9 297 7,052 Drug 1,879 24.8 3,961 2.6 429 6,269 Other 516 26.8 1,151 3.3 51 1,718 Failure to Register as Sex Offender 180 29.0 276 2.0 26 482 TOTAL 8,588 43.6 13,271 3.2 983 22,842 * Death sentence. ** Life sentence. n.a. = not applicable NOTE 1: Calculations of average sentence length exclude life/death sentences. NOTE 2: The above categories are those used by the Department of Corrections and the Caseload Forecast Council for forecasting purposes and are not identical to classifications under the Sentencing Reform Act. For example, the sex categories include pornography and prostitution offenses, which are not classifed as sex offenses per se under the Sentencing Reform Act. NOTE 3: The data reported above for the categories of "assault" and "other" are not comparable to reports prior to FY02. In FY02 the crime categories were revised to more closely match those used by the Department of Corrections and the Caseload Forecast Council. A number of crimes previously reported in the category "other" were re-categorized under "assault". NOTE 4: The category "Sex" is not comparable to reports prior to FY08 because that category now includes offenses in any forecasting category that were committed with sexual motivation, and excludes the offenses of Failure to Register as Sex Offenders. NOTE 5: Other sentence includes non-confinement sentences such as residential drug offender sentencing alternative. 1 of 57
Page 1: STATISTICAL SUMMARY OF ADULT FELONY
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Page 7: within the standard range, a jail t
Page 11 and 12: OFFENSE PRISON (N) % Months NON-PRI
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Page 25 and 26: Table 6. VUCSA* Dealing and Non-dea
Page 27 and 28: Table 8. Sentences with a Sexual Mo
Page 29 and 30: Table 10. Sentence Departures by Ty
Page 31 and 32: OFFENSE EXCEPTIONAL Above Below Wit
Page 39 and 40: OFFENSE SENTENCE RELATIVE TO STANDA
Page 45 and 46: Table 13. Average Sentence of "Most
Page 47 and 48: EXCEPTIONAL SENTENCES Under provisi
Page 49 and 50: Table 16. Mitigated Exceptional Sen
Page 51 and 52: SEX OFFENDER SENTENCING UNDER RCW 9
Page 53 and 54: Table 19. Sentences with Domestic V
Page 55 and 56: APPENDIX A: ADULT FELONY SENTENCING
Page 57 and 58: LEVEL IX VIII VII OFFENSES Abandonm
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LEVEL IV OFFENSES Extortionate Exte
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LEVEL OFFENSES Communication with a
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LEVEL Malicious Mischief 2 (RCW 9A.
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LEVEL II I DRUG OFFENSES Create, de
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