1357-S.E AMS HSC S2887.1
ESHB 1357 - S COMM AMD
By Committee on Human Services & Corrections
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.95.210 and 1993 c 251 s 3 are each amended to read as follows:
(1) 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.
(2) 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))) (a) to comply with any order of the court for
the payment of family support, (((2))) (b) 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))) (c) 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, (((4))) (d) 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, (((5))) (e) to contribute to a
county or interlocal drug fund, and (((6))) (f) to make
restitution to a public agency for the costs of an emergency response under RCW
38.52.430, and may require bonds for the faithful observance of any and all
conditions imposed in the probation.
(3) In granting
probation, the court ((shall)) may 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.
(4) If the probationer has been ordered to make restitution and the court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made. If the court has ordered supervision and 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 9.92.060 and 1987 c 202 s 142 are each amended to read as follows:
(1) Whenever
any person shall be convicted of any crime except murder, burglary in the first
degree, arson in the first degree, robbery, ((carnal knowledge)) rape
of a ((female)) child ((under the age of ten years)), or rape,
the court may in its discretion, at the time of imposing sentence upon such
person, direct that such sentence be stayed and suspended until otherwise
ordered by such court, and that the sentenced person may be placed under
the charge of a ((parole or peace officer during the term of such
suspension,)) community corrections officer employed by the department
of corrections upon such terms as the court may determine((: PROVIDED,
That)).
(2) As a
condition to suspension of sentence, the court shall require the payment of the
penalty assessment required by RCW 7.68.035((: PROVIDED FURTHER, That as a
condition to suspension of sentence)). In addition, the court may
require the convicted person to make such monetary payments, on such terms as
the court deems appropriate under the circumstances, as are necessary (((1)))
(a) to comply with any order of the court for the payment of family
support, (((2))) (b) 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))) (c) to pay any
fine imposed and not suspended and the court or other costs incurred in the
prosecution of the case, including reimbursement of the state for costs of
extradition if return to this state by extradition was required, and (((4)))
(d) to contribute to a county or interlocal drug fund. ((In no case
shall a sentence be suspended under the provisions of this section unless the
person if sentenced to confinement in a penal institution be placed under the
charge of a parole officer, who is a duly appointed and acting officer of the
institution to which the person is sentenced: PROVIDED, That persons convicted
in district court may be placed under supervision of a probation officer
employed for that purpose.))
(3) As a condition of the suspended sentence, the court may 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.
(4) If restitution to the victim has been ordered under subsection (2)(b) of this section and the court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made as ordered. If the court has ordered supervision and restitution has not been made, the officer shall inform the prosecutor of that violation of the terms of the suspended sentence not less than three months prior to the termination of the suspended sentence.
NEW SECTION. Sec. 3. A new section is added to chapter 9.95 RCW to read as follows:
(1) The Washington state law and justice advisory council, appointed under RCW 72.09.300(7), shall adopt standards for the supervision of misdemeanant probationers sentenced by superior courts under RCW 9.95.210 or 9.92.060. In developing the standards, the council shall consider the recommendations of the department of corrections, county probation departments, superior and district court judges, and the misdemeanant corrections association. The supervision standards shall establish classifications of misdemeanant probationers based upon the seriousness of the offense, the perceived risks to the community, and other relevant factors. The standards may provide discretion to officials supervising misdemeanant probationers to adjust the supervision standards, for good cause, based upon individual circumstances surrounding the probationer. The supervision standards shall include provisions for reciprocal supervision of offenders who are sentenced in counties other than their counties of residence.
(2) If the department of corrections complies with the standards of supervision adopted under subsection (1) of this section, the department is not liable for any harm caused by the actions of a misdemeanant probationer under its supervision.
NEW SECTION. Sec. 4. Before adopting the standards for supervision of misdemeanant probationers sentenced by superior courts under RCW 9.95.210 or 9.92.060, the Washington state law and justice advisory council shall develop proposed standards by October 1, 1995. The department of corrections shall report to the legislature by December 1, 1995, the estimated cost of fully implementing the proposed standards. The report shall rank by relative costs each of the elements of the proposed standards and shall identify the total daily supervision cost per offender. The report shall also include an accounting of the amount of supervision fees assessed and collected by the department under section 5 of this act.
NEW SECTION. Sec. 5. A new section is added to chapter 9.95 RCW to read as follows:
Whenever a defendant convicted of a misdemeanor or gross misdemeanor is placed on probation under RCW 9.92.060 or 9.95.210, and the defendant is supervised by the department of corrections, the department may assess and collect from the defendant for the duration of the term of supervision a monthly assessment not to exceed one hundred dollars per month. This assessment shall be paid to the department, and shall be applied, along with funds appropriated by the legislature, toward the payment or part payment of the cost of supervising the defendant."
ESHB 1357 - S COMM AMD
By Committee on Human Services & Corrections
On page 1, line 1 of the title, after "probation;" strike the remainder of the title and insert "amending RCW 9.95.210 and 9.92.060; adding new sections to chapter 9.95 RCW; and creating a new section."
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