State v. Rizor

121 Wash. App. 898
CourtCourt of Appeals of Washington
DecidedJune 3, 2004
DocketNos. 22123-7-III; 22124-5-III; 22125-3-III; 22126-1-III; 22127-0-III; 22128-8-III; 22129-6-III; 22130-0-III; 22131-8-III; 22137-7-III
StatusPublished
Cited by3 cases

This text of 121 Wash. App. 898 (State v. Rizor) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Rizor, 121 Wash. App. 898 (Wash. Ct. App. 2004).

Opinion

Kato, C.J.

The State charged the respondents here with escape from community custody under RCW 72.09.310. Claiming they were not inmates under the statute, each moved to dismiss. The court reasoned that, because the respondents served their time at county jails, they were not in the custody of the Department of Corree-[900]*900tions (DOC) and thus were not inmates under RCW 72.09.310. The State appeals. We reverse.

These respondents were convicted of felonies after July 1, 2000. Each was sentenced to a term of less than one year to be served at the Yakima County Jail and to one year of community custody under former RCW 9.94A.383 (1988).

The respondents violated their terms of community custody by failing to report to the DOC as required. The State then charged them with escape from community custody under RCW 72.09.310.

Claiming they were not in DOC custody because they had served their sentences in a county jail and therefore were not inmates for purposes of RCW 72.09.310, the respondents filed motions to dismiss. The court ordered dismissal of the charges. The State appealed, whereupon these cases were consolidated by this court.

The respondents were each charged with escape from community custody under RCW 72.09.310. That statute provides:

An inmate in community custody who willfully discontinues making himself or herself available to the department for supervision by making his or her whereabouts unknown or by failing to maintain contact with the department as directed by the community corrections officer shall be deemed an escapee and fugitive from justice, and upon conviction shall be guilty of a class C felony under chapter 9A.20 RCW.

The respondents claim that they could not be charged under this section because they were not inmates. RCW 72.09.015(11) defines inmates:

“Inmate” means a person committed to the custody of the department, including but not limited to persons residing in a correctional institution or facility and persons released on furlough, work release, or community custody, and persons received from another state, state agency, county, or federal jurisdiction.

[901]*901The question is whether the respondents’ “community custody” status makes them inmates for purposes of RCW 72.09.310.

The Sentencing Reform Act of 1981, chapter 9.94A RCW, distinguishes between defendants sentenced to a term of confinement of more than one year and those sentenced to a term of less than one year. See RCW 9.94A.190. Those who are sentenced to more than one year serve their terms in state facilities; those who are sentenced to less than one year serve their terms in local facilities. RCW 9.94A. 190(1).

Distinctions also exist between “community custody,” “community placement,” and “community supervision.”1 Before July 1, 2000, defendants sentenced to a term of incarceration of less than one year were placed in “community supervision.” Former RCW 9.94A.383 (1988). But the legislature amended this statute in the Offender Accountability Act (1999). The amendment, effective July 1, 2000, [902]*902provided that courts could impose up to one year of “community custody” on defendants who were sentenced to less than one year in jail. Former RCW 9.94A.383 (Laws of 1999, ch. 196, § 10), recodified at RCW 9.94A.545 (Laws of 2000, ch. 28, § 13).

When the legislature enacted RCW 72.09.310 in 1992, the statute did not apply to those defendants who were sentenced to one year or less because, under former RCW 9.94A.383 (1988), those particular defendants were subject only to “community supervision” and not “community custody.” They were accordingly not inmates under RCW 72-.09.015(11). If the legislature changed the definition of “inmate” by allowing the imposition of “community custody” on those sentenced to less than a year, they would be inmates for purposes of chapter 72.09 RCW.

To make that determination, this court must engage in statutory construction. The primary rule of statutory construction is to give effect to the legislature’s intent. City of Bellevue v. E. Bellevue Cmty. Council, 138 Wn.2d 937, 944, 983 P.2d 602 (1999). If a statute’s language is clear, “its plain meaning must be given effect without resort to rules of statutory construction.” State v. Theilken, 102 Wn.2d 271, 275, 684 P.2d 709 (1984) (citing Murphy v. Dep’t of Licensing, 28 Wn. App. 620, 625 P.2d 732 (1981)). A statute is ambiguous when it is susceptible to more than one interpretation. State v. Johnson, 119 Wn.2d 167, 172, 829 P.2d 1082 (1992).

The definition of “inmate” in RCW 72.09.015(11) is unambiguous. An “inmate” is someone committed to the custody of DOC, including but not limited to a person on community custody. At the time of their respective violations, each respondent was on community custody. Under RCW 72.09.015(11), they were inmates.

Furthermore, the respondents were felons. “Once sentenced, felons are under the jurisdiction of the Department, even if serving time in a county jail.” State v. Law, 110 Wn. App. 36, 40, 38 P.3d 374 (2002) (citing State v. Smeltzer, 86 Wn. App.

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Cite This Page — Counsel Stack

Bluebook (online)
121 Wash. App. 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rizor-washctapp-2004.