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                         REENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5086

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State of Washington                              50th Legislature                              1987 Regular Session

By Senate Committee on Ways & Means (originally sponsored by Senators Halsan, Talmadge, Moore, Stratton and Gaspard)

Read first time 3/6/87.

AN ACT Relating to community supervision; amending RCW 9.94A.030, 9.94A.150, 72.09.020, 9.94A.170, 9.94A.200, 9.94A.360, 9.94A.330, 9.94A.110, 9.94A.195, 9.94A.380, 9.94A.383, and 9.94A.400; reenacting and amending RCW 9.94A.120; adding new sections to chapter 9.94A RCW; adding new sections to chapter 72.09 RCW; creating a new section; prescribing penalties; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 3, chapter 137, Laws of 1981 as last amended by section 17, chapter 257, Laws of 1986 and RCW 9.94A.030 are each amended to read as follows:

          Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Commission" means the sentencing guidelines commission.

          (2) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

          (3) "Community custody" is that portion of an offender's community placement that represents the amount of early release time an offender earns in partial or total confinement.

(4) "Community placement" is a department of corrections program designed to intensely monitor offenders convicted of any sex offense or offense categorized as seriousness level VII or greater under RCW 9.94A.320, following transfer from partial or total confinement.  Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two depending on the amount of early release time an offender earns in partial or total confinement.  Community placement shall not exceed one year following transfer from partial or total confinement to community custody or direct placement upon postrelease supervision from partial or total confinement.  However, community custody may exceed one year in the case of a sex offender who completes his or her treatment program under RCW 9.94A.120(7)(b) before the expiration of the term of confinement.

(5) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.  For purposes of the interstate compact for out of state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

          (((4))) (6) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed pursuant to this chapter by a court.  For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5).

          (((5))) (7) "Confinement" means total or partial confinement as defined in this section.

          (((6))) (8) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

          (((7))) (9) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.

          (((8))) (10) (a) "Criminal history" means the list of a defendant's prior convictions, whether in this state, in federal court, or elsewhere.  The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.

          (b) "Criminal history" includes a defendant's prior convictions in juvenile court if:  (i) The conviction was for an offense which is a felony and is criminal history as defined in RCW 13.40.020(6)(a); (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies, the defendant was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed.

          (((9))) (11) "Department" means the department of corrections.

          (((10))) (12) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a fine or restitution.  The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

          (((11))) (13) "Drug offense" means any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403).

          (((12))) (14) "Escape" means escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), wilful failure to return from furlough (RCW 72.66.060), or wilful failure to return from work release (RCW 72.65.070).

          (((13))) (15) "Felony traffic offense" means vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), or felony hit-and-run injury-accident (RCW 46.52.020(4)).

          (((14))) (16) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.

          (((15))) (17) (a) "First-time offender" means any person who is convicted of a felony not classified as a violent offense or a sex offense under this chapter, and except as provided in (b) of this subsection, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.

          (b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction.

          (((16))) (18) "Nonviolent offense" means an offense which is not a violent offense.

          (((17))) (19) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110.  Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

          (((18))) (20) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, for a substantial portion of each day with the balance of the day spent in the community.

(21) "Postrelease supervision" is that portion of an offender's community placement in excess of the amount of early release time an offender has earned in partial or total confinement which has been served in community custody.  Community custody and postrelease supervision shall not exceed one year in the aggregate from the offender's release from partial or total confinement.

          (((19))) (22) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages.  The sum may include both public and private costs.  The imposition of a restitution order does not preclude civil redress.

          (((20))) (23) "Serious traffic offense" means driving while intoxicated (RCW 46.61.502), actual physical control while intoxicated (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)).

          (((21))) (24) "Serious violent offense" is a subcategory of violent offense and means murder in the first degree, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies.

          (((22))) (25) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

          (((23))) (26) "Sex offense" means a felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes.

          (((24))) (27) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

          (((25))) (28) "Victim" means any person who has sustained physical or financial injury to person or property as a direct result of the crime charged.

          (((26))) (29) "Violent offense" means:

          (a) Any of the following felonies, as now existing or hereafter amended:  Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, rape in the second degree, kidnapping in the second degree, arson in the second degree, assault in the second degree, extortion in the first degree, robbery in the second degree, vehicular homicide, and vehicular assault;

          (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection (((26)(a) of this section)); and

          (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection (((26) (a) or (b) of this section)).

        Sec. 2.  Section 12, chapter 137, Laws of 1981 as last amended by section 20, chapter 257, Laws of 1986 and by section 4, chapter 301, Laws of 1986 and RCW 9.94A.120 are each reenacted and amended to read as follows:

          When a person is convicted of a felony, the court shall impose punishment as provided in this section.

          (1) Except as authorized in subsections (2), (5), and (7) of this section, the court shall impose a sentence within the sentence range for the offense.

          (2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

          (3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law.  A sentence outside the standard range shall be a determinate sentence.

          (4) An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years.  An offender convicted of the crime of assault in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years.  An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than three years, and shall not be eligible for furlough, work release or other authorized leave of absence from the correctional facility during such minimum three year term except for the purpose of commitment to an inpatient treatment facility.  The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section.

          (5) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses.  The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

          (a) Devote time to a specific employment or occupation;

          (b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense;

          (c) Pursue a prescribed, secular course of study or vocational training;

          (d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer of any change in the offender's address or employment;

          (e) Report as directed to the court and a community corrections officer; or

          (f) Pay a fine and/or accomplish some community service work.

          (6) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, a term of community supervision not to exceed one year, and/or a fine.  The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

          (7) (a) When an offender is convicted of a sex offense other than a violation of  RCW 9A.44.040 or RCW 9A.44.050 and has no prior convictions for a sex offense or any other felony sexual offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

          After receipt of the reports, the court shall then determine whether the offender and the community will benefit from use of this special sexual offender sentencing alternative.  If the court determines that both the offender and the community will benefit from use of this provision, the court shall then impose a sentence within the sentence range and, if this sentence is less than six years of confinement, the court may suspend the execution of the sentence and place the offender on community supervision for up to two years.  As a condition of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:

          (i) Devote time to a specific employment or occupation;

          (ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense.  A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment;

          (iii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer ((of)) prior to any change in the offender's address or employment;

          (iv) Report as directed to the court and a community corrections officer;

          (v) Pay a fine, accomplish some community service work, or any combination thereof; ((or))

          (vi) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime; or

(vii) Refrain from committing violent offenses, offenses involving a deadly weapon, and any felony violation of the uniform controlled substances act.

          If the offender violates these sentence conditions the court may revoke the suspension and order execution of the sentence.  All confinement time served during the period of community supervision shall be credited to the offender if the suspended sentence is revoked.

          (b) When an offender ((is convicted of)) commits any felony sexual offense on or after July 1, 1987, and is sentenced ((on or after July 1, 1987,)) to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.

          If the offender completes the treatment program before the expiration of his term of confinement, the department of corrections may request the court to convert the balance of confinement to community ((supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

          (i) Devote time to a specific employment or occupation;

          (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer of any change in the offender's address or employment;

          (iii) Report as directed to the court and a community corrections officer;

          (iv) Undergo available outpatient treatment)) custody with the same conditions as placed on the offender by the court at the original imposition of sentence pursuant to subsection (8)(b) of this section.

          If the offender violates any of the terms of community ((supervision)) custody, the ((court)) department may order the offender to serve ((out the balance of his community supervision term in confinement in the custody of the department of corrections)) a maximum of sixty days for each violation in partial or total confinement not to exceed the total period of community placement.

          Nothing in (b) of this subsection shall confer eligibility for such programs for offenders convicted and sentenced for a sexual offense committed prior to July 1, 1987.

          After June 30, 1993, (b) of this subsection shall cease to have effect.

          (((c) Whenever a court sentences a person convicted of a sex offense committed after July 1, 1986, to a term of confinement of more than one year, including a sentence under (b) of this subsection, the court may also order, in addition to the other terms of the sentence, that the offender, upon release from confinement, serve up to two years of community supervision.  The conditions of supervision shall be limited to:

          (i) Crime-related provisions;

          (ii) A requirement that the offender report to a community corrections officer at regular intervals; and

          (iii) A requirement to remain within or without stated geographical boundaries.

          The length and conditions of supervision shall be set by the court at the time of sentencing.  However, within thirty days prior to release from confinement and throughout the period of supervision, the length and conditions of supervision may be modified by the sentencing court, upon motion of the department of corrections, the offender, or the prosecuting attorney.  The period of supervision shall be tolled during any time the offender is in confinement for any reason.  In no case may the period of supervision, in combination with the other terms of the offender's sentence, exceed the statutory maximum term for the offender's crime, as set forth in RCW 9A.20.021.

          If the offender violates any condition of supervision, the sentencing court, after a hearing conducted in the same manner as provided for in RCW 9.94A.200, may order the offender to be confined for up to sixty days in the county jail at state expense from funds provided for this purpose to the department of corrections.  Reimbursement rates for such purposes shall be established based on a formula determined by the office of financial management and reestablished each even-numbered year.  An offender may be held in jail at state expense pending the hearing, and any time served while awaiting the hearing shall be credited against confinement imposed for a violation.  Even after the period of supervision has expired, an offender may be confined for a violation occurring during the period of supervision.  The court shall retain jurisdiction for the purpose of holding the violation hearing and imposing a sanction.))

          (8)(a) When a court sentences a person to a term of total confinement to the custody of the department of corrections for a sex offense, committed on or after July 1, 1987, or an offense categorized as seriousness level VII or greater under RCW 9.94A.320, committed on or after July 1, 1988, the court shall order that the offender shall be transferred from confinement to community custody when the offender is eligible for community custody status in lieu of earned early release time pursuant to RCW 9.94A.150(1), as computed by the department of corrections.  An offender shall be released from community custody after serving the total sentence imposed by the court or one year, whichever is less, and shall thereafter be placed on postrelease supervision for the balance of the offender's community placement.

(b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for a sex offense, committed on or after July 1, 1987, or an offense categorized as seriousness level VII or greater under RCW 9.94A.320, committed on or after July 1, 1988, unless a condition is waived by the court, the sentence shall include, in addition to the other terms of the sentence, the following conditions regarding the community custody program of the department of corrections:

(i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

(ii) The offender shall work at department of corrections-approved education, employment, and/or community service;

(iii) The offender shall not consume or possess controlled substances; and

(iv) The offender shall pay community custody fees as determined by the department of corrections.

(c) The court may also order any of the following special conditions:

(i) The offender shall remain within, or outside of, a specified geographical boundary;

(ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

(iii) The offender shall participate in treatment or counseling services;

(iv) The offender shall not consume alcohol;

(v) The residence location and living arrangements of a sex offender shall be subject to the prior approval of the department of corrections; or

(vi) The offender shall comply with any crime-related prohibitions.

(d) Within thirty days prior to release from confinement and throughout the period of community placement, the conditions of supervision may be modified by the sentencing court, upon motion of the offender or the prosecuting attorney.

(9) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days.  A sentence requiring more than thirty days of confinement shall be served on consecutive days.  Local jail administrators may schedule court-ordered intermittent sentences as space permits.

          (((9))) (10) If a sentence imposed includes a fine or restitution, the sentence shall specify a reasonable manner and time in which the fine or restitution shall be paid.  In any sentence under this chapter the court may also require the offender to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary (a) to pay court costs, including reimbursement of the state for costs of extradition if return to this state by extradition was required, (b) to make recoupment of the cost of defense attorney's fees if counsel is provided at public expense, (c) to contribute to a county or interlocal drug fund, and (d) to make such other payments as provided by law.  All monetary payments shall be ordered paid by no later than ten years after the date of the ((judgment of conviction)) sentence.  The offender's compliance with payment of monetary obligations shall be supervised by the department.   The rate of payment shall be determined by the court or, in the absence of a rate determined by the court, the rate shall be set by the department.

An offender's default in the payment of restitution, fines, and other monetary obligations imposed under this chapter, or any installment thereof, may be collected by any means authorized by law for the enforcement of a judgment.  Judgments for monetary obligations under this chapter are and may be made liens upon the property of the offender in the same manner and with like effect as judgments in civil actions.

          (((10))) (11) Except as provided under RCW 9.94A.140(1), a court may not impose a sentence providing for a term of confinement or community supervision which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

          (((11))) (12) All offenders sentenced to terms involving community supervision, community service, ((restitution, or fines)) or court imposed monetary obligations shall be under the supervision of the secretary of the department of corrections or such person as the secretary may designate and shall follow implicitly the instructions of the secretary ((including)) related to reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, ((and)) notifying the community corrections officer ((of)) prior to any change in the offender's address or employment, refraining from committing violent offenses, offenses involving a deadly weapon, and any felony violation of the uniform controlled substances act, and such other instructions that allow for the monitoring of court-imposed conditions.          (((12))) (13) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

          (((13))) (14) A departure from the standards in RCW 9.94A.400(1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210(2) through (6).

          (((14))) (15) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment.  The court shall set forth the extraordinary circumstances in the record if it does not order restitution.

        Sec. 3.  Section 15, chapter 137, Laws of 1981 as last amended by section 8, chapter 209, Laws of 1984 and RCW 9.94A.150 are each amended to read as follows:

          No person serving a sentence imposed pursuant to this chapter shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:

          (1) Except for persons convicted of a sex offense or an offense categorized as seriousness level VII or greater under RCW 9.94A.320, the terms of the sentence may be reduced by earned early release time in accordance with procedures developed and promulgated by the department.  The earned early release time shall be for good behavior and good performance, as determined by the department.  In no case shall the aggregate earned early release time exceed one-third of the sentence.  Persons convicted of a sex offense or an offense categorized as seriousness level VII or greater under RCW 9.94A.320 may become eligible for community custody in lieu of earned early release time in accordance with the program developed and promulgated by the department;

          (2) When a person convicted of a sex offense or an offense categorized as seriousness level VII or greater under RCW 9.94A.320 is eligible for transfer to community custody status in lieu of earned early release time pursuant to RCW 9.94A.150(1), as computed by the department of corrections, the offender shall be transferred from confinement to community custody.

(3) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence.  In addition, offenders may leave a correctional facility when in the custody of a corrections officer or officers;

          (((3))) (4) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;

          (((4) If the sentence of confinement is in excess of twelve months but not in excess of three years,)) (5) No more than the final ((three)) six months of the sentence may be served in partial confinement designed to aid the qualified offender, as determined by the department of corrections, in finding work and reestablishing him or herself in the community((.  If the sentence of confinement is in excess of three years, no more than the final six months of the sentence may be served in such partial confinement));

          (((5))) (6) The governor may pardon any offender;

          (((6))) (7) The department of corrections may release an offender from confinement any time within ten days before a release date calculated under this section; and

          (((7))) (8) An offender may leave a correctional facility prior to completion of his sentence if the sentence has been reduced as provided in RCW 9.94A.160.

NEW SECTION. Sec. 4.  A new section is added to chapter 9.94A RCW to read as follows:

          If an offender violates any condition or requirement of community custody, the department may impose sanctions.  If an offender is accused of violating any condition or requirement of community custody, he or she is entitled to a hearing before sanctions may be imposed.  The department shall promulgate rules governing such hearing procedures and sanctions.  Detention of an offender pursuant to section 5 of this act shall not be considered a sanction.

NEW SECTION. Sec. 5.  A new section is added to chapter 9.94A RCW to read as follows:

          (1) The secretary may issue warrants for the arrest of any offender who violates a condition of community custody.  The arrest warrants shall authorize any law enforcement or peace officer or community corrections officer of this state or any other state where such offender may be located, to arrest the offender and place him or her in total confinement pending return to confinement in a state correctional institution.  The department shall compensate the local jurisdiction at the office of financial management's adjudicated rate, in accordance with RCW 70.48.440.  A community corrections officer, if he or she has reasonable cause to believe an offender in community custody has violated a condition of community custody, may suspend the person's community custody status and arrest or cause the arrest and detention in total confinement of the offender in a state facility, pending the determination of the secretary as to whether the violation has occurred.  The community corrections officer shall report to the secretary all facts and circumstances and the reasons for the action of suspending community custody status.

          (2) Inmates, as defined in RCW 72.09.020, who have been transferred to community custody and who are detained in a local correctional facility are the financial responsibility of the department of corrections.  The community custody inmate shall be removed from the local correctional facility not later than eight days, excluding weekends and holidays, following admittance to the local correctional facility and notification that the inmate is available for movement to a state correctional institution.  However, if good cause is shown, the department may negotiate with local correctional authorities for an additional period of detention.

NEW SECTION. Sec. 6.  A new section is added to chapter 72.09 RCW to read as follows:

          An offender in community custody who wilfully fails to report to the assigned community corrections officer at the time specified by the department of corrections 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.

        Sec. 7.  Section 7, chapter 136, Laws of 1981 and RCW 72.09.020 are each amended to read as follows:

          For purposes of this chapter, "inmate" means any 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 ((or)), work release, or community custody.

NEW SECTION. Sec. 8.  A new section is added to chapter 9.94A RCW to read as follows:

          If the offender violates any condition of postrelease supervision, a hearing may be conducted in the same manner as provided in RCW 9.94A.200.  Jurisdiction shall be with the court of the county in which the offender was sentenced.  However, the court may order a change of venue to the offender's county of residence or where the violation occurred, for the purpose of holding a violation hearing.  The district courts shall have concurrent jurisdiction with the superior courts after a certified copy of the judgment and sentence is filed.

          After the hearing, the court may order the offender to be confined for up to sixty days in the county jail, the first thirty of which shall be at state expense from funds provided for this purpose to the department of corrections, and the second thirty of which, together with costs of indigent defense, shall be at county expense.  Reasonable reimbursement rates for such purposes shall be established based on a formula determined by the office of financial management and reestablished each even-numbered year.  An offender may be held in jail at state expense pending the hearing, and any time served while awaiting the hearing shall be credited against confinement imposed for a violation.  Even after the period of supervision or conditions has expired, an offender may be confined for a violation occurring during the period of supervision or conditions if the petition to revoke is filed within the period of supervision or seven days thereafter.  The court shall retain jurisdiction for the purpose of holding the violation hearing and imposing a sanction.

        Sec. 9.  Section 17, chapter 137, Laws of 1981 and RCW 9.94A.170 are each amended to read as follows:

(1) A term of confinement ordered in a sentence pursuant to this chapter shall be tolled by any period of time during which the offender has absented him or herself from ((supervision)) confinement without the prior approval of the entity in whose custody the offender has been placed.

(2) The period of community placement shall be tolled during any period of time the offender is in confinement for any reason.  However, if an offender is detained pursuant to section 5 of this 1987 act and is later found not to have violated a condition or requirement of community placement, time spent in total confinement due to such detention shall not toll the period of community placement.  The period of community placement shall be tolled by any period of time during which the offender has absented himself or herself from monitoring without prior approval of the entity under whose supervision the offender has been placed.  For the period of a sentence during which an offender is placed in community placement, the date for the tolling of the sentence shall be established by the department of corrections.

(3) For confinement sentences, the date for the tolling of the sentence shall be established by the entity responsible for the confinement.  For sentences involving supervision, the date for the tolling of the sentence shall be established by the court, based on reports from the entity responsible for the supervision.

NEW SECTION. Sec. 10.  A new section is added to chapter 72.09 RCW to read as follows:

          The state of Washington, the department, community corrections officers, their staff, and volunteers who assist community corrections officers in the community placement program are not liable for civil damages resulting from any act or omission in the rendering of community placement monitoring activities, other than acts or omissions constituting gross negligence or wilful or wanton misconduct.  For purposes of this section, "volunteers" is defined according to RCW 51.12.035.

        Sec. 11.  Section 20, chapter 137, Laws of 1981 as amended by section 12, chapter 209, Laws of 1984 and RCW 9.94A.200 are each amended to read as follows:

          (1) If an offender violates any condition or requirement of a sentence, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.

          (2) If an offender fails to comply with any of the requirements or conditions of a sentence the following provisions apply:

          (a) The court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance.  The court may issue a summons or a warrant of arrest for the offender's appearance;

          (b) The state has the burden of showing noncompliance by a preponderance of the evidence.  If the court finds that the violation has occurred, it may order the offender to be confined for a period not to exceed sixty days for each violation, and may (i) convert a term of partial confinement to total confinement, (ii) convert community service obligation to total or partial confinement, or (iii) convert monetary obligations, except restitution and the crime victim penalty assessment, to community service hours at the rate of the state minimum wage for each hour of community service.  Any time served in confinement awaiting a hearing on noncompliance shall be credited against any confinement order by the court.  Any confinement served as a violation for committing new offenses shall be credited towards the confinement imposed for the new conviction and shall not exceed sixty days or the term of confinement for the new conviction; and

          (c) If the court finds that the violation was not willful, the court may modify its previous order regarding payment of fines or other monetary payments and regarding community service obligations.

          (3) Nothing in this section prohibits the filing of escape charges if appropriate.

        Sec. 12.  Section 7, chapter 115, Laws of 1983 as last amended by section 25, chapter 257, Laws of 1986 and RCW 9.94A.360 are each amended to read as follows:

          The offender score is measured on the horizontal axis of the sentencing grid.  The offender score rules, partially summarized in Table 3, RCW 9.94A.330, are as follows:

          The offender score is the sum of points accrued under subsections (1) through (((14))) (15) of this section rounded down to the nearest whole number.

          (1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed.  Convictions entered  or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.400.

          (2) Except as provided in subsections (3) and (13) of this section, class A prior felony convictions shall always be included in the offender score.  Class B prior felony convictions shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without being convicted of any felonies.  Class C prior felony convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without being convicted of any felonies.  Serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without being convicted of any serious traffic or felony traffic offenses.    This subsection applies to both adult and juvenile prior convictions.  Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law.

          (3) Include class A juvenile felonies only if the offender was 15 or older at the time the juvenile offense was committed.  Include class B and C juvenile felony convictions only if the offender was 15 or older at the time the juvenile offense was committed and the offender was less than 23 at the time the offense for which he or she is being sentenced was committed.

          (4) Score prior convictions for felony anticipatory offenses (attempts,  criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.

          (5) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:

          (a) Prior adult offenses which were found, under RCW 9.94A.400(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score.  The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently whether those offenses shall be counted as one offense or as separate offenses, and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used;

          (b) Juvenile prior convictions entered or sentenced on the same date shall count as one offense, the offense that yields the highest offender score; and

          (c) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense.  Use the conviction for the offense that yields the highest offender score.

          (6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense.

          (7) If the present conviction is for a nonviolent offense and not covered by subsection (11), (12), or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and 1/2 point for each juvenile prior nonviolent felony conviction.

          (8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), or (12) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.

          (9) If the present conviction is for Murder 1 or 2, Assault 1, Kidnaping 1, or Rape 1, count three points for prior adult and juvenile convictions for crimes in these categories, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.

          (10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section; however count two points for each prior adult Burglary 2 conviction, and one point for each prior juvenile Burglary 2 conviction.

          (11) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for  Vehicular Homicide; count one point for each adult, and 1/2 point for each juvenile, prior conviction for each other felony offense or serious traffic offense.

          (12) If the present conviction is for a drug offense  count two points for each adult prior felony drug offense conviction  and one point for each juvenile drug offense.  All other adult and juvenile felonies are scored as in subsection (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.

          (13) If the present conviction is for escape (Escape 1, RCW 9A.76.110; Escape 2, RCW 9A.76.120; Willful Failure to Return from Furlough, RCW 72.66.060; and Willful Failure to Return from Work Release, RCW 72.65.070), count only prior escape convictions in the offender score.  Count adult prior escape convictions as one point and juvenile prior escape convictions as 1/2 point.

          (14) If the present conviction is for Burglary 2, count priors as in subsection (7) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 conviction, and one point for each juvenile prior Burglary 2 conviction.

(15) If the present conviction is for an offense committed while the offender was under community placement or committed within one year following release from partial or total confinement or within one year following release from community placement pursuant to this chapter, count one point.

        Sec. 13.  Section 4, chapter 115, Laws of 1983 as last amended by section 24, chapter 257, Laws of 1986 and RCW 9.94A.330 are each amended to read as follows:

@bv@lb                                                                 TABLE 3

OFFENDER SCORE MATRIX

!tm2,1,1,1,1,1!tj3!tcPrior!sc ,1Adult!sc ,1Convictions

                                                                 (Score prior convictions for

                                                                  felony anticipatory crimes

                                                              (attempts, criminal solicitations,

                                                               and criminal conspiracies) the

                                                             same as for the completed crime.)

@h0!tm2,1,1,1,1,1 !tj1!tc@p1Serious!tcBurglary!tcOther!tcVehicular

@p0 Current!tj1!tc@p1Violent!tc1!tcViolent!tcAssault/!tcEscape

Offenses!tj4!tcHomicide

@h1@p0 Serious Violent!tj1!tl3!tl2!tl2!tl2!tl1

Burglary 1!tj1!tl2!tl2!tl2!tl2!tl1

Other Violent!tj1!tl2!tl2!tl2!tl2!tl1

Felony Traffic!tj1!tl1!tl1!tl1!tl2!tl1

Escape!tj1!tl0!tl0!tl0!tl0!tl1

Burglary 2!tj1!tl1!tl2!tl1!tl1!tl1

Other

!sc ,1Non-Violent!tj1!tl1!tl1!tl1!tl1!tl1

Drug!tj1!tl1!tl1!tl1!tl1!tl1

@h3 @h0@lb!tm2,1,1,1,1,1 !tj1!tc@p1Burglary!tcOther!tcSerious!tcOther!tcDrug

@p0 Current!tj1!tc@p12!tcFelony!tcTraffic!tcNon-

Offenses!tj2!tcTraffic!tj1!tcViolent

@h1@p0 Serious Violent!tj1!tl1!tl1!tl0!tl1!tl1

Burglary 1!tj1!tl2!tl1!tl0!tl1!tc1

Other Violent!tj1!tl1!tl1!tl0!tl1!tc1

Felony Traffic!tj1!tl1!tl1!tl1!tl1!tl1

Escape!tj1!tl0!tl0!tl0!tl0!tl0

Burglary 2!tj1!tl2!tl1!tl0!tl1!tl1

Other

!sc ,1Non-Violent!tj1!tl1!tl1!tl0!tl1!tl1

Drug!tj1!tl1!tl1!tl0!tl1!tl2

@h3 !tm2,1,1,1,1,1!tj3!tcPrior!sc ,1Juvenile!sc ,1Convictions

                                                                 (Score prior convictions for

                                                                  felony anticipatory crimes

                                                              (attempts, criminal solicitations,

                                                               and criminal conspiracies) the

                                                             same as for the completed crime.)

@h0!tm2,1,1,1,1,1 !tj1!tc@p1Serious!tcBurglary!tcOther!tcVehicular

@p0 Current!tj1!tc@p1Violent!tc1!tcViolent!tcAssault/!tcEscape

Offenses!tj4!tcHomicide

@h1@p0 Serious Violent!tj1!tl3!tl2!tl2!tl2!tl1/2

Burglary 1!tj1!tl2!tl2!tl2!tl2!tl1/2

Other Violent!tj1!tl2!tl2!tl2!tl2!tl1/2

Felony!sc ,1Traffic!tj1!tl1/2!tl1/2!tl1/2!tl2!tl1/2

Escape!tj1!tl0!tl0!tl0!tl0!tl1/2

Burglary 2!tj1!tc1/2!tl2!tc1/2!tl1/2!tl1/2

Other

!sc ,1Non-Violent!tj1!tl1/2!tl1/2!tl1/2!tl1/2!tl1/2

Drug!tj1!tl1/2!tl1/2!tl1/2!tl1/2!tl1/2

@h3 @h0@lb!tm2,1,1,1,1,1 !tj1!tc@p1Burglary!tcOther!tcSerious!tcOther!tcDrug

@p0 Current!tj1!tc@p12!tcFelony!tcTraffic!tcNon-

Offenses!tj2!tcTraffic!tj1!tcViolent

@h1@p0 Serious Violent!tj1!tl 1/2!tl1/2!tl0!tl1/2!tl1/2

Burglary 1!tj1!tl1!tl1/2!tl0!tl1/2!tl1/2

Other Violent!tj1!tl1/2!tl1/2!tl0!tl1/2!tl1/2

Felony Traffic!tj1!tl1/2!tl1/2!tl1/2!tl1/2!tl1/2

Escape!tj1!tl0!tl0!tl0!tl0!tl0

Burglary 2!tj1!tl1!tl1/2!tl0!tl1/2!tl1/2

Other

!sc ,1Non-Violent!tj1!tl1/2!tl1/2!tl0!tl1/2!tl1/2

Drug!tj1!tl1/2!tl1/2!tl0!tl1/2!tl1

@h3                            !tm2,1,1,1,1,1 !tj3!tcStatus!sc ,1at!sc ,1Time!sc ,1of!sc ,1Current!sc ,1Offense

!ixOn community placement or an offense

committed within one year following

release from partial or total confinement

or within one year following release from

community placement !tj5!tl1

Not on community placement or not an

offense committed within one year

following release from partial or total

confinement or within one year following

release from community placement!tj5!tl0

@la

        Sec. 14.  Section 11, chapter 137, Laws of 1981 as last amended by section 34, chapter 257, Laws of 1986 and RCW 9.94A.110 are each amended to read as follows:

          Before imposing a sentence upon a defendant, the court shall conduct a sentencing hearing.  The sentencing hearing shall be held within forty court days following conviction.  Upon the motion of either party for good cause shown, or on its own motion, the court may extend the time period for conducting the sentencing hearing.  The court shall order the department to complete a presentence report for the purpose of offender management before imposing a sentence upon a defendant who has been convicted of a felony sex offense.  The department shall give priority to presentence investigations for sex offenders.  The court shall consider the presentence reports, if any, including any victim impact statement and criminal history, and allow arguments from the prosecutor, the defense counsel, the offender, the victim, the survivor of the victim, or a representative of the victim or survivor, and an investigative law enforcement officer as to the sentence to be imposed.  If the court is satisfied by a preponderance of the evidence that the defendant has a criminal history, the court shall specify the convictions it has found to exist.  All of this information shall be part of the record.  Copies of all presentence reports presented to the sentencing court and all written findings of facts and conclusions of law as to sentencing entered by the court shall be sent to the department by the clerk of the court at the conclusion of the sentencing and shall accompany the offender if the offender is committed to the custody of the department.  Court clerks shall provide, without charge, certified copies of documents relating to criminal convictions requested by prosecuting attorneys.

        Sec. 15.  Section 11, chapter 209, Laws of 1984 and RCW 9.94A.195 are each amended to read as follows:

          If an offender violates any condition or requirement of a sentence, a community corrections officer may arrest or cause the arrest of the offender without a warrant, pending a determination by the court.  If there is reasonable cause to believe that an offender has violated a condition or requirement of the sentence, an offender may be required to submit to a search and seizure of the offender's person, residence, automobile, or other personal property.  A community corrections officer may also arrest an offender for any crime committed in his or her presence.  The facts and circumstances of the conduct of the offender shall be reported by the community corrections officer, with recommendations, to the court.

If the community corrections officer has reasonable cause to believe that an offender has committed a violent offense, an offense involving a deadly weapon, or any felony violation of the uniform controlled substances act, the community corrections officer may arrest and detain or cause the arrest and detention of the offender for up to five working days in order to investigate the facts and circumstances.  The department shall compensate the local jurisdiction at the office of financial management's adjudicated rate, in accordance with RCW 70.48.440.

          If a community corrections officer arrests or causes the arrest of an offender under this section, the offender shall be confined and detained in the county jail of the county in which the offender was taken into custody, and the sheriff of that county shall receive and keep in the county jail, where room is available, all prisoners delivered to the jail by the community corrections officer, and such offenders shall not be released from custody on bail or personal recognizance, except upon approval of the court, pursuant to a written order.

        Sec. 16.  Section 9, chapter 115, Laws of 1983 as amended by section 21, chapter 209, Laws of 1984 and RCW 9.94A.380 are each amended to read as follows:

          For sentences of nonviolent offenders for one year or less, the court shall consider and give priority to available alternatives to total confinement and shall state its reasons if they are not used.

          These alternatives include the following sentence conditions that the court may order as substitutes for total confinement:  (1) One day of partial confinement or eight hours of community service may be substituted for one day of total confinement; (2) the community service conversion is limited to two hundred forty hours or thirty days.  The conversion of total confinement to partial confinement may be applied to all sentences of one year or less, including those for violent offenses.  Community service hours must be completed within the period of community supervision or a time period specified by the court, which shall not exceed twenty-four months, pursuant to a schedule determined by the department.

        Sec. 17.  Section 22, chapter 209, Laws of 1984 and RCW 9.94A.383 are each amended to read as follows:

          On all sentences of confinement for one year or less the court may impose up to one year of community supervision.  ((For confinement sentences, unless otherwise ordered by the court, the period of community supervision begins at the date of release from confinement.  For nonconfinement sentences, the period of community supervision begins at the date of entry of the judgment and sentence.)) An offender shall be on community supervision as of the date of sentencing.  However, during the time for which the offender is in total or partial confinement pursuant to the sentence or a violation of a sentence, the period of community supervision shall toll.

        Sec. 18.  Section 11, chapter 115, Laws of 1983 as last amended by section 28, chapter 257, Laws of 1986 and RCW 9.94A.400 are each amended to read as follows:

          (1) (a) Except as provided in (b) of this subsection, whenever a person is to be sentenced for two or more current offenses, the sentence range for each current offense shall be determined by using all other current and prior convictions as if they were prior convictions for the purpose of the offender score:  PROVIDED, That if the court enters a finding that some or all of the current offenses encompass the same criminal conduct then those current offenses shall be counted as one crime.  Sentences imposed under this subsection shall be served concurrently.  Consecutive sentences may only be imposed under the exceptional sentence provisions of RCW 9.94A.120 and 9.94A.390(2)(e) or any other provision of RCW 9.94A.390.

          (b) Whenever a person is convicted of three or more serious violent offenses, as defined in RCW 9.94A.330, arising from separate and distinct criminal conduct, the sentence range for the offense with the highest seriousness level under RCW 9.94A.320 shall be determined using the offender's criminal history in the offender score and the sentence range for other serious violent offenses shall be determined by using an offender score of zero.  The sentence range for any offenses that are not serious violent offenses shall be determined according to (a) of this subsection.  All sentences imposed under (b) of this subsection shall be served consecutively to each other and concurrently with sentences imposed under (a) of this subsection.

          (2) Whenever a person while under sentence of felony commits another felony and is sentenced to another term of imprisonment, the latter term shall not begin until expiration of all prior terms.

          (3) Subject to subsections (1) and (2) of this section, whenever a person is sentenced for a felony that was committed while the person was not under sentence of a felony, the sentence shall run concurrently with any felony sentence which has been imposed by any court in this or another state or by a federal court subsequent to the commission of the crime being sentenced unless the court pronouncing the current sentence expressly orders that they be served consecutively.

          (4) Whenever any person granted probation under RCW 9.95.210 or 9.92.060, or both, has the probationary sentence revoked and a prison sentence imposed, that sentence shall run consecutively to any sentence imposed pursuant to this chapter, unless the court pronouncing the subsequent sentence expressly orders that they be served concurrently.

          (5) However, in the case of consecutive sentences, all periods of total confinement shall be served before any partial confinement, community service, community supervision, or any other requirement or conditions of any of the sentences.  If two or more sentences that run consecutively include periods of community supervision, the aggregate of the community supervision period shall not exceed twenty-four months.

NEW SECTION. Sec. 19.    Increased sanctions authorized by this act are applicable only to those persons committing offenses after the effective date of this act.

NEW SECTION. Sec. 20.    This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987.