257 P.3d 616
Wash.2011Background
- Jones pleaded guilty to first-degree child molestation (1998–1999).
- Original sentence: 130 months incarceration and 36 months community custody; affirmed on appeal.
- After a personal restraint petition, the offender score was corrected to zero; resentenced to 51 months incarceration and 36 months community custody.
- Jones served 81 months before resentencing; trial court credited 51 months but did not credit 30 excess months toward community custody.
- Court of Appeals affirmed denial of credit toward community custody and disavowed Knippling (Division Three).
- This Court affirmed, disavowing Knippling and holding no credit toward community custody for excess incarceration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether excess confinement time can credit a community custody term | Jones argues excess time should credit community custody | State argues tolling prevents credit; includes public policy | Credit denied; tolling not applicable to excess confinement |
| Whether former RCW 9.94A.120(10)(a) begins community custody after confinement or at earned release | Jones asserts earlier start of community custody | State supports beginning after completion of confinement | Community custody begins after completion of confinement; no credit for excess time |
| Whether former RCW 9.94A.170(3) tolls community custody during excess confinement | Excess confinement falls under tolling; should toll | Tolling covers confinement for violations/new crimes, not sentencing error | Tolling not triggered by sentencing mistake; excess time tolled no credit |
| Whether Knippling should control or be disavowed | Knippling should require credit for excess time | Knippling conflicts with tolling and community custody definition | Knippling disavowed; Jones denied credit |
| Public policy considerations supporting community custody as reintegration | Credit aligns with policy goals | Statutory scheme governs; no credit for excess time | Policy supports governance but does not overcome statutory text |
Key Cases Cited
- State v. Keller, 143 Wash.2d 267 (2001) (statutory interpretation framework for SRA provisions)
- State v. Jacobs, 154 Wash.2d 596 (2005) (plain meaning; legislative intent in SRA)
- In re Personal Restraint of Knippling, 144 Wash.App. 639 (2008) (community custody credit for excess incarceration; division split)
- State v. Cameron, 71 Wash.App. 653 (1993) (tolling when incarcerated on concurrent/different crime)
- O'Neill, 103 Wash.2d 853 (1985) (read statutes harmoniously; context and scheme)
- State v. Knippling, 144 Wash.App. 639 (2008) (discussion of when community custody begins; tolling context)