SENATE BILL 6103
State of Washington 52nd Legislature 1992 Regular Session
By Senators Nelson, Rasmussen, Thorsness, M. Kreidler, Sutherland and Erwin
Read first time 01/15/92. Referred to Committee on Law & Justice.
AN ACT Relating to using electronic monitoring as a condition of release or condition of probation; amending RCW 9.95.210, 10.99.040, 26.50.010, 26.50.060, and 26.50.110; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.95.210 and 1987 c 202 s 146 are each amended to read as follows:
In granting probation, the court may suspend the imposition or the execution of the sentence and may direct that the suspension may continue upon such conditions and for such time as it shall designate, not exceeding the maximum term of sentence or two years, whichever is longer.
the order granting probation and as a condition thereof, the court may in its
discretion imprison the defendant in the county jail for a period not exceeding
one year and may fine the defendant any sum not exceeding the statutory limit
for the offense committed, and court costs. As a condition of probation, the
court shall require the payment of the penalty assessment required by RCW
7.68.035. The court may also require the defendant to make such monetary
payments, on such terms as it deems appropriate under the circumstances, as are
necessary (1) to comply with any order of the court for the payment of family
support, (2) to make restitution to any person or persons who may have suffered
loss or damage by reason of the commission of the crime in question or when the
offender pleads guilty to a lesser offense or fewer offenses and agrees with
the prosecutor's recommendation that the offender be required to pay
restitution to a victim of an offense or offenses which are not prosecuted
pursuant to a plea agreement, (3) to pay such fine as may be imposed and court
costs, including reimbursement of the state for costs of extradition if return
to this state by extradition was required, ((
and)) (4) to pay for the
costs of electronic monitoring if that monitoring was required by the court as
a condition of release from custody or as a condition of probation, and (5)
to contribute to a county or interlocal drug fund, and may require bonds for
the faithful observance of any and all conditions imposed in the probation.
The court shall order the probationer to report to the secretary of corrections
or such officer as the secretary may designate and as a condition of the
probation to follow implicitly the instructions of the secretary. If the
probationer has been ordered to make restitution, the officer supervising the
probationer shall make a reasonable effort to ascertain whether restitution has
been made. If restitution has not been made as ordered, the officer shall
inform the prosecutor of that violation of the terms of probation not less than
three months prior to the termination of the probation period. The secretary
of corrections will promulgate rules and regulations for the conduct of the
person during the term of probation. For defendants found guilty in district
court, like functions as the secretary performs in regard to probation may be
performed by probation officers employed for that purpose by the county
legislative authority of the county wherein the court is located.
Sec. 2. RCW 10.99.040 and 1991 c 301 s 4 are each amended to read as follows:
(1) Because of the serious nature of domestic violence, the court in domestic violence actions:
(a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;
(b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;
(c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his client the victim's location; and
(d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.
(2) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim. The no-contact order shall also be issued in writing as soon as possible. If the court has probable cause to believe that the person charged or arrested is likely to use or display or threaten to use a deadly weapon as defined in RCW 9A.04.110 in any further acts of violence, the court may also require that person to surrender any deadly weapon in that person's immediate possession or control, or subject to that person's immediate possession or control, to the sheriff of the county or chief of police of the municipality in which that person resides or to the defendant's counsel for safekeeping.
(3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.
(4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is a misdemeanor. Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the monitoring.
(b) Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.
(c) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest; any assault or reckless endangerment that is a violation of this order is a felony. A certified copy of the order shall be provided to the victim. If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Such orders need not be entered into the computer information system in this state which is used by law enforcement agencies to list outstanding warrants.
(5) Whenever an order prohibiting contact is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year or until the expiration date specified on the order into any computer information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.
Sec. 3. RCW 26.50.010 and 1991 c 301 s 8 are each amended to read as follows:
As used in this chapter, the following terms shall have the meanings given them:
(1) "Domestic violence" means: (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; or (b) sexual assault of one family or household member by another.
(2) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, and adult persons who are presently residing together or who have resided together in the past.
(3) "Court" includes the superior, district, and municipal courts of the state of Washington.
(4) "Judicial day" does not include Saturdays, Sundays, or legal holidays.
(5) "Electronic monitoring" means a program in which a person's presence at a particular location is monitored from a remote location by use of electronic equipment.
Sec. 4. RCW 26.50.060 and 1989 c 411 s 1 are each amended to read as follows:
(1) Upon notice and after hearing, the court may provide relief as follows:
(a) Restrain a party from committing acts of domestic violence;
(b) Exclude the respondent from the dwelling which the parties share or from the residence of the petitioner;
(c) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;
(d) Order the respondent to participate in treatment or counseling services;
(e) Order other relief as it deems necessary for the protection of a family or household member, including orders or directives to a peace officer, as allowed under this chapter;
(f) Require the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee. If the petitioner has been granted leave to proceed in forma pauperis, the court may require the respondent to pay the filing fee and costs, including services fees, to the county or municipality incurring the expense; and
(g) Restrain any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household.
(h) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring.
(2) Any relief granted by the order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year.
(3) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence.
Sec. 5. RCW 26.50.110 and 1991 c 301 s 6 are each amended to read as follows:
(1) Whenever an order for protection is granted under this chapter and the respondent or person to be restrained knows of the order, a violation of the restraint provisions or of a provision excluding the person from a residence is a misdemeanor. Upon conviction, and in addition to any other penalties provided by law, the court may require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the monitoring.
(2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this chapter that restrains the person or excludes the person from a residence, if the person restrained knows of the order.
(3) A violation of an order for protection shall also constitute contempt of court, and is subject to the penalties prescribed by law.
(4) Any assault that is a violation of an order issued under this chapter and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under this chapter that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.
(5) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent has violated an order for protection granted under this chapter, the court may issue an order to the respondent, requiring the respondent to appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation.