_______________________________________________
HOUSE
BILL 1280
_______________________________________________
Passed
Legislature - 1995 Regular Session
State of Washington 54th
Legislature 1995 Regular Session
By
Read first time 01/19/95.
Referred to Committee on Corrections.
Revising procedures
for offenders who violate conditions or requirements of sentences.
AN ACT
Relating to offenders' noncompliance with conditions or requirements of
sentences; amending RCW 9.94A.200; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9.94A.200 and 1989 c 252 s 7 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)(i)
Following the violation, if the offender and the department make a stipulated
agreement, the department may impose sanctions such as work release, home
detention with electronic monitoring, work crew, community service, inpatient
treatment, daily reporting, curfew, educational or counseling sessions,
supervision enhanced through electronic monitoring, jail time, or other
sanctions available in the community.
(ii)
Within seventy-two hours of signing the stipulated agreement, the department
shall submit a report to the court and the prosecuting attorney outlining the
violation or violations, and sanctions imposed. Within fifteen days of receipt
of the report, if the court is not satisfied with the sanctions, the court may
schedule a hearing and may modify the department's sanctions. If this occurs,
the offender may withdraw from the stipulated agreement.
(iii)
If the offender fails to comply with the sanction administratively imposed by
the department, the court may take action regarding the original
noncompliance. Offender failure to comply with the sanction administratively
imposed by the department may be considered an additional violation.
(b)
In the absence of a stipulated agreement, or where the court is not satisfied
with the department's sanctions as provided in (a) of this subsection, 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)))
(c) 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 as established in RCW 49.46.020 for each
hour of community service, or (iv) order one or more of the penalties
authorized in (a)(i) of this subsection. Any time served in confinement
awaiting a hearing on noncompliance shall be credited against any confinement
order by the court; and
(((c)))
(d) If the court finds that the violation was not willful, the court may
modify its previous order regarding payment of legal financial obligations and
regarding community service obligations.
(3)
Nothing in this section prohibits the filing of escape charges if appropriate.
