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.
In
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) following
consideration of the financial condition of the person subject to possible
electronic monitoring, 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. The court shall consider the ability of the convicted
person to pay for electronic 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. The court
shall consider the ability of the respondent to pay for electronic 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. The court shall consider the ability of the
convicted person to pay for electronic 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.
