Violent offenders face tough path to freedom

Published 2:44 pm Tuesday, November 1, 2011

It is as predictable as November rain.

Nearly every time we write about somebody facing punishment for a violent crime such as robbery, assault or murder, the news is greeted by a double-barrel blast of outrage.

First, we hear from people who believe sentencing options outlined in state guidelines are way too lenient. Then we hear from folks convinced the malefactors will serve only a tiny fraction of the time they are supposed to spend behind bars.

The emotions are understandable. A lot about the law in Washington is cause for head scratching (example: kill somebody through stupid, drunken behavior and you’ll face a decade in prison if charged with manslaughter, but about half as long if you are in a crash and convicted of vehicular homicide).

Here’s the truth though: Most people convicted of violent crimes in Washington, particularly those involving weapons, don’t face an easy path to freedom.

State law requires inmates convicted of many violent offenses to serve mandatory, minimum sentences with zero chance to earn good time during that period. That’s doubly true if a weapon is involved.

Take first-degree murder, Snohomish County Prosecuting Attorney Mark Roe said. State law requires a minimum 20 years behind bars with no credit for good behavior during that time. If a firearm is involved, tack on another five years — time which also can’t be cut and must be served consecutive to the underlying sentence.

That means a conviction for first-degree murder with a firearm carries a minimum 25 years with the offender required to serve every day, Roe said. After that, only 10 percent earned release time is available on the remainder of the sentence. The average first-degree murder sentence in 2010 clocked in at nearly 40 years.

And the math is equally grim for offenders who commit multiple felonies while carrying firearms. “Hard time for armed crime” penalties must be served consecutively, with no good time reduction allowed. That can add up to a lot of years. Just ask Anthony Leroy Pines, who is now serving a 70-year prison stretch for opening fire in an Everett club. His bullets hit three people, all of whom survived. The firearms enhancements alone totaled 20 years in prison.

Still, many inmates can earn credit toward early release, and likely will get bigger breaks as budget-cutting measures.

Credit for good behavior in prison, also known as “earned release time,” is an important tool for encouraging inmates to follow the rules, state Corrections Department spokesman Chad Lewis said. If they are good, inmates can reduce their sentence. If they mess up, they lose their credits. Many compliant offenders not serving time for violent crimes, sex offenses or certain drug violations, can shave their sentence by one-third — or more — under state policies.

It’s complicated.

The math also is undeniable, seasoned judges often say. No sentence, no matter how long, can ever turn back the clock and undo the harm.

Average sentence length by offense

Below is a table based on state Sentencing Guidelines Commission data that provides a snapshot of offenders sentenced in 2010 and their punishments: