AN ACT Relating to sex
offender notification; amending RCW 4.24.550, 70.48.470, 72.09.340, and
9.94A.120; and reenacting and amending RCW 9.94A.155.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 4.24.550 and 1994 c
129 s 2 are each amended to read as follows:
(1) Public agencies are
authorized to release relevant and necessary information regarding sex
offenders to the public when the release of the information is necessary for
public protection.
(2) Local law
enforcement agencies and officials who decide to release information pursuant
to this section shall make a good faith effort to notify the public and
residents at least fourteen days before the sex offender is released. If a
change occurs in the release plan, this notification provision will not require
an extension of the release date. The department of corrections and the
department of social and health services shall provide local law enforcement
officials with all relevant information on sex offenders about to be released
or placed into the community in a timely manner. When a sex offender under
county jurisdiction will be released from jail and will reside in a county
other than the county of incarceration, the chief law enforcement officer of
the jail, or his or her designee, shall notify the sheriff in the county where
the offender will reside of the offender's release as provided in RCW
70.48.470.
(3) An elected public
official, public employee, or public agency as defined in RCW 4.24.470 is
immune from civil liability for damages for any discretionary decision to
release relevant and necessary information, unless it is shown that the
official, employee, or agency acted with gross negligence or in bad faith. The
authorization and immunity in this section applies to information regarding:
(a) A person convicted of, or juvenile found to have committed, a sex offense as
defined by RCW 9.94A.030; (b) a person found not guilty of a sex offense by
reason of insanity under chapter 10.77 RCW; (c) a person found incompetent to
stand trial for a sex offense and subsequently committed under chapter 71.05 or
71.34 RCW; (d) a person committed as a sexual psychopath under chapter 71.06
RCW; or (e) a person committed as a sexually violent predator under chapter
71.09 RCW. The immunity provided under this section applies to the release of
relevant information to other employees or officials or to the general public.
(4) Except as otherwise
provided by statute, nothing in this section shall impose any liability upon a
public official, public employee, or public agency for failing to release
information as provided in subsections (2) and (3) of this section.
(5) Nothing in this
section implies that information regarding persons designated in subsections
(2) and (3) of this section is confidential except as otherwise provided by
statute.
Sec. 2. RCW 70.48.470 and 1990 c
3 s 406 are each amended to read as follows:
(1) A person
having charge of a jail shall notify in writing any confined person who is in
the custody of the jail for a conviction of a sexual offense as defined in RCW
9.94A.030 of the registration requirements of RCW 9A.44.130 at the time of the
inmate's release from confinement, and shall obtain written acknowledgment of
such notification. The person shall also obtain from the inmate the county
of the inmate's residence upon release from jail.
(2) If an inmate
convicted of a sexual offense will reside in a county other than the county of
incarceration upon release, the chief law enforcement officer, or his or her
designee, shall notify the sheriff of the county where the inmate will reside
of the inmate's impending release. Notice shall be provided at least fourteen
days prior to the inmate's release, or if the release date is not known at
least fourteen days prior to release, notice shall be provided not later than
the day after the inmate's release.
Sec. 3. RCW 72.09.340 and 1990 c
3 s 708 are each amended to read as follows:
(1) In making
all discretionary decisions regarding release plans for and supervision
of ((sexually violent)) sex offenders, the department ((of
corrections)) shall set priorities and make decisions based on an
assessment of public safety risks ((rather than the legal category of the
sentences)).
(2) The department
shall, no later than September 1, 1996, implement a policy governing the
department's evaluation and approval of release plans for sex offenders. The
policy shall include, at a minimum, a formal process by which victims,
witnesses, and other interested people may provide information and comments to
the department on potential safety risks to specific individuals or classes of
individuals posed by a specific sex offender. The department shall make all
reasonable efforts to publicize the availability of this process through
currently existing mechanisms and shall seek the assistance of courts,
prosecutors, law enforcement, and victims' advocacy groups in doing so. Notice
of an offender's proposed residence shall be provided to all people registered
to receive notice of an offender's release under RCW 9.94A.155(2), except that
in no case may this notification requirement be construed to require an
extension of an offender's release date.
(3) For any offender
convicted of a felony sex offense against a minor victim after the effective
date of this act, the department shall not approve a residence location if the
proposed residence: (a) Includes a minor victim or child of similar age or
circumstance as a previous victim who the department determines may be put at
substantial risk of harm by the offender's residence in the household; or (b)
is within close proximity of the current residence of a minor victim, unless
the whereabouts of the minor victim cannot be determined or unless such a
restriction would impede family reunification efforts ordered by the court or
directed by the department of social and health services. The department is
further authorized to reject a residence location if the proposed residence is
within close proximity to schools, child care centers, playgrounds, or other
grounds or facilities where children of similar age or circumstance as a
previous victim are present who the department determines may be put at
substantial risk of harm by the sex offender's residence at that location.
(4) When the
department requires supervised visitation as a term or condition of a sex
offender's community placement under RCW 9.94A.120(9)(c)(vi), the department
shall, prior to approving a supervisor, consider the following:
(a) The
relationships between the proposed supervisor, the offender, and the minor; (b)
the proposed supervisor's acknowledgment and understanding of the offender's
prior criminal conduct, general knowledge of the dynamics of child sexual
abuse, and willingness and ability to protect the minor from the potential
risks posed by contact with the offender; and (c) recommendations made by the
department of social and health services about the best interests of the child.
Sec. 4. RCW 9.94A.155 and 1994 c
129 s 3 and 1994 c 77 s 1 are each reenacted and amended to read as follows:
(1) At the earliest
possible date, and in no event later than thirty days before release except in
the event of escape or emergency furloughs as defined in RCW 72.66.010, the
department of corrections shall send written notice of parole, release,
community placement, work release placement, furlough, or escape about a
specific inmate convicted of a violent offense, a sex offense as defined by RCW
9.94A.030, or a felony harassment offense as defined by RCW 9A.46.060 or
9A.46.110, to the following:
(a) The chief of police
of the city, if any, in which the inmate will reside or in which placement will
be made in a work release program; and
(b) The sheriff of the
county in which the inmate will reside or in which placement will be made in a
work release program.
The sheriff of the
county where the offender was convicted shall be notified if the department
does not know where the offender will reside. The department shall notify the
state patrol of the release of all sex offenders, and that information shall be
placed in the Washington crime information center for dissemination to all law
enforcement.
(2) The same notice as
required by subsection (1) of this section shall be sent to the following if
such notice has been requested in writing about a specific inmate convicted of
a violent offense, a sex offense as defined by RCW 9.94A.030, or a felony
harassment offense as defined by RCW 9A.46.060 or 9A.46.110:
(a) The victim of the
crime for which the inmate was convicted or the victim's next of kin if the
crime was a homicide;
(b) Any witnesses who
testified against the inmate in any court proceedings involving the violent
offense; ((and))
(c) Any person
specified in writing by the prosecuting attorney; and
(d) Any person who
requests such notice about a specific inmate convicted of a sex offense as
defined by RCW 9.94A.030 from the department of corrections at least sixty days
prior to the expected release date of the offender.
Information regarding
victims, next of kin, or witnesses requesting the notice, information regarding
any other person specified in writing by the prosecuting attorney to receive
the notice, and the notice are confidential and shall not be available to the
inmate. Whenever the department of corrections mails notice pursuant to this
subsection and the notice is returned as undeliverable, the department shall
attempt alternative methods of notification, including a telephone call to the
person's last known telephone number.
(3) The existence of
the notice requirements contained in subsections (1) and (2) of this section
shall not require an extension of the release date in the event that the
release plan changes after notification.
(4) If an inmate
convicted of a violent offense, a sex offense as defined by RCW 9.94A.030, or a
felony harassment offense as defined by RCW 9A.46.060 or 9A.46.110, escapes
from a correctional facility, the department of corrections shall immediately
notify, by the most reasonable and expedient means available, the chief of
police of the city and the sheriff of the county in which the inmate resided
immediately before the inmate's arrest and conviction. If previously
requested, the department shall also notify the witnesses and the victim of the
crime for which the inmate was convicted or the victim's next of kin if the
crime was a homicide. If the inmate is recaptured, the department shall send
notice to the persons designated in this subsection as soon as possible but in
no event later than two working days after the department learns of such
recapture.
(5) If the victim, the
victim's next of kin, or any witness is under the age of sixteen, the notice
required by this section shall be sent to the parents or legal guardian of the
child.
(6) The department of
corrections shall send the notices required by this chapter to the last address
provided to the department by the requesting party. The requesting party shall
furnish the department with a current address.
(7) The department of
corrections shall keep, for a minimum of two years following the release of an
inmate, the following:
(a) A document signed
by an individual as proof that that person is registered in the victim or
witness notification program; and
(b) A receipt showing
that an individual registered in the victim or witness notification program was
mailed a notice, at the individual's last known address, upon the release or
movement of an inmate.
(8) For purposes of
this section the following terms have the following meanings:
(a) "Violent
offense" means a violent offense under RCW 9.94A.030;
(b) "Next of
kin" means a person's spouse, parents, siblings and children.
(9) Nothing in this
section shall impose any liability upon a chief of police of a city or sheriff
of a county for failing to request in writing a notice as provided in
subsection (1) of this section.
Sec. 5. RCW 9.94A.120 and 1995 c
108 s 3 are each 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), (4), (5), (6), and (8) 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) A persistent
offender shall be sentenced to a term of total confinement for life without the
possibility of parole or, when authorized by RCW 10.95.030 for the crime of
aggravated murder in the first degree, sentenced to death, notwithstanding the
maximum sentence under any other law. 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 or assault of a child 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 five years. The foregoing minimum
terms of total confinement are mandatory and shall not be varied or modified as
provided in subsection (2) of this section. In addition, all offenders subject
to the provisions of this subsection shall not be eligible for community
custody, earned early release time, furlough, home detention, partial
confinement, work crew, work release, or any other form of early release as
defined under RCW 9.94A.150 (1), (2), (3), (5), (7), or (8), or any other form
of authorized leave of absence from the correctional facility while not in the
direct custody of a corrections officer or officers during such minimum terms
of total confinement except in the case of an offender in need of emergency
medical treatment or for the purpose of commitment to an inpatient treatment
facility in the case of an offender convicted of the crime of rape in the first
degree.
(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 prior to any change in the offender's address or employment;
(e) Report as directed
to the court and a community corrections officer; or
(f) Pay all
court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or
perform community service work.
(6)(a) An offender is
eligible for the special drug offender sentencing alternative if:
(i) The offender is
convicted of the manufacture, delivery, or possession with intent to
manufacture or deliver a controlled substance classified in Schedule I or II
that is a narcotic drug or a felony that is, under chapter 9A.28 RCW or RCW
69.50.407, a criminal attempt, criminal solicitation, or criminal conspiracy to
commit such crimes, and the violation does not involve a sentence enhancement
under RCW 9.94A.310 (3) or (4);
(ii) The offender has
no prior convictions for a felony in this state, another state, or the United
States; and
(iii) The offense
involved only a small quantity of the particular controlled substance as
determined by the judge upon consideration of such factors as the weight,
purity, packaging, sale price, and street value of the controlled substance.
(b) If the midpoint of
the standard range is greater than one year and the sentencing judge determines
that the offender is eligible for this option and that the offender and the
community will benefit from the use of the special drug offender sentencing
alternative, the judge may waive imposition of a sentence within the standard
range and impose a sentence that must include a period of total confinement in
a state facility for one-half of the midpoint of the standard range. During
incarceration in the state facility, offenders sentenced under this subsection
shall undergo a comprehensive substance abuse assessment and receive, within
available resources, treatment services appropriate for the offender. The
treatment services shall be designed by the division of alcohol and substance
abuse of the department of social and health services, in cooperation with the
department of corrections. If the midpoint of the standard range is
twenty-four months or less, no more than three months of the sentence may be
served in a work release status. The court shall also impose one year of
concurrent community custody and community supervision that must include
appropriate outpatient substance abuse treatment, crime-related prohibitions
including a condition not to use illegal controlled substances, and a
requirement to submit to urinalysis or other testing to monitor that status.
The court may require that the monitoring for controlled substances be
conducted by the department or by a treatment ((alternative[s])) alternatives
to street crime program or a comparable court or agency-referred program. The
offender may be required to pay thirty dollars per month while on community
custody to offset the cost of monitoring. In addition, the court shall impose
three or more of the following conditions:
(i) Devote time to a
specific employment or training;
(ii) Remain within
prescribed geographical boundaries and notify the court or the community
corrections officer before any change in the offender's address or employment;
(iii) Report as
directed to a community corrections officer;
(iv) Pay all
court-ordered legal financial obligations;
(v) Perform community
service work;
(vi) Stay out of areas
designated by the sentencing judge.
(c) If the offender
violates any of the sentence conditions in (b) of this subsection, the
department shall impose sanctions administratively, with notice to the
prosecuting attorney and the sentencing court. Upon motion of the court or the
prosecuting attorney, a violation hearing shall be held by the court. If the
court finds that conditions have been willfully violated, the court may impose
confinement consisting of up to the remaining one-half of the midpoint of the
standard range. All total confinement served during the period of community
custody shall be credited to the offender, regardless of whether the total
confinement is served as a result of the original sentence, as a result of a
sanction imposed by the department, or as a result of a violation found by the
court. The term of community supervision shall be tolled by any period of time
served in total confinement as a result of a violation found by the court.
(d) The department
shall determine the rules for calculating the value of a day fine based on the
offender's income and reasonable obligations which the offender has for the
support of the offender and any dependents. These rules shall be developed in
consultation with the administrator for the courts, the office of financial
management, and the commission.
(7) 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 other legal financial obligations. 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.
(8)(a)(i) When an
offender is convicted of a sex offense other than a violation of RCW 9A.44.050
or a sex offense that is also a serious violent offense and has no prior
convictions for a sex offense or any other felony sex 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.
The report of the
examination shall include at a minimum the following: The defendant's version
of the facts and the official version of the facts, the defendant's offense
history, an assessment of problems in addition to alleged deviant behaviors,
the offender's social and employment situation, and other evaluation measures
used. The report shall set forth the sources of the evaluator's information.
The examiner shall
assess and report regarding the defendant's amenability to treatment and
relative risk to the community. A proposed treatment plan shall be provided
and shall include, at a minimum:
(A) Frequency and type
of contact between offender and therapist;
(B) Specific issues to
be addressed in the treatment and description of planned treatment modalities;
(C) Monitoring plans,
including any requirements regarding living conditions, lifestyle requirements,
and monitoring by family members and others;
(D) Anticipated length
of treatment; and
(E) Recommended
crime-related prohibitions.
The court on its own
motion may order, or on a motion by the state shall order, a second examination
regarding the offender's amenability to treatment. The evaluator shall be
selected by the party making the motion. The defendant shall pay the cost of
any second examination ordered unless the court finds the defendant to be
indigent in which case the state shall pay the cost.
(ii) After receipt of
the reports, the court shall consider whether the offender and the community
will benefit from use of this special sexual offender sentencing alternative
and consider the victim's opinion whether the offender should receive a
treatment disposition under this subsection. If the court determines that this
special sex offender sentencing alternative is appropriate, the court shall
then impose a sentence within the sentence range. If this sentence is less
than eight years of confinement, the court may suspend the execution of the
sentence and impose the following conditions of suspension:
(A) The court shall
place the defendant on community supervision for the length of the suspended
sentence or three years, whichever is greater; and
(B) The court shall
order treatment for any period up to three years in duration. The court in its
discretion shall order outpatient sex offender treatment or inpatient sex
offender treatment, if available. A community mental health center may not be
used for such treatment unless it has an appropriate program designed for sex
offender treatment. The offender shall not change sex offender treatment
providers or treatment conditions without first notifying the prosecutor, the
community corrections officer, and the court, and shall not change providers
without court approval after a hearing if the prosecutor or community
corrections officer object to the change. In addition, as conditions 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) Remain within
prescribed geographical boundaries and notify the court or the community
corrections officer prior to any change in the offender's address or
employment;
(III) Report as
directed to the court and a community corrections officer;
(IV) Pay all
court-ordered legal financial obligations as provided in RCW 9.94A.030, perform
community service work, or any combination thereof; or
(V) Make recoupment to
the victim for the cost of any counseling required as a result of the
offender's crime.
(iii) The sex offender
therapist shall submit quarterly reports on the defendant's progress in
treatment to the court and the parties. The report shall reference the
treatment plan and include at a minimum the following: Dates of attendance,
defendant's compliance with requirements, treatment activities, the defendant's
relative progress in treatment, and any other material as specified by the
court at sentencing.
(iv) At the time of
sentencing, the court shall set a treatment termination hearing for three
months prior to the anticipated date for completion of treatment. Prior to the
treatment termination hearing, the treatment professional and community
corrections officer shall submit written reports to the court and parties
regarding the defendant's compliance with treatment and monitoring
requirements, and recommendations regarding termination from treatment,
including proposed community supervision conditions. Either party may request
and the court may order another evaluation regarding the advisability of
termination from treatment. The defendant shall pay the cost of any additional
evaluation ordered unless the court finds the defendant to be indigent in which
case the state shall pay the cost. At the treatment termination hearing the
court may: (A) Modify conditions of community supervision, and either (B)
terminate treatment, or (C) extend treatment for up to the remaining period of
community supervision.
(v) The court may
revoke the suspended sentence at any time during the period of community
supervision and order execution of the sentence if: (A) The defendant violates
the conditions of the suspended sentence, or (B) the court finds that the
defendant is failing to make satisfactory progress in treatment. All
confinement time served during the period of community supervision shall be
credited to the offender if the suspended sentence is revoked.
(vi) Except as provided
in (a)(vii) of this subsection, after July 1, 1991, examinations and treatment
ordered pursuant to this subsection shall only be conducted by sex offender
treatment providers certified by the department of health pursuant to chapter
18.155 RCW.
(vii) A sex offender
therapist who examines or treats a sex offender pursuant to this subsection (8)
does not have to be certified by the department of health pursuant to chapter
18.155 RCW if the court finds that: (A) The offender has already moved to
another state or plans to move to another state for reasons other than
circumventing the certification requirements; (B) no certified providers are
available for treatment within a reasonable geographical distance of the
offender's home; and (C) the evaluation and treatment plan comply with this
subsection (8) and the rules adopted by the department of health.
For purposes of this
subsection, "victim" means any person who has sustained emotional,
psychological, physical, or financial injury to person or property as a result
of the crime charged. "Victim" also means a parent or guardian of a
victim who is a minor child unless the parent or guardian is the perpetrator of
the offense.
(b) When an offender
commits any felony sex offense on or after July 1, 1987, and is sentenced 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.
Except for an offender
who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the
offender completes the treatment program before the expiration of his or her
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 prior to 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.
If the offender
violates any of the terms of his or her community supervision, the court may
order the offender to serve out the balance of his or her community supervision
term in confinement in the custody of the department of corrections.
Nothing in this
subsection (8)(b) shall confer eligibility for such programs for offenders
convicted and sentenced for a sex offense committed prior to July 1, 1987.
This subsection (8)(b) does not apply to any crime committed after July 1,
1990.
(c) Offenders convicted
and sentenced for a sex offense committed prior to July 1, 1987, may, subject
to available funds, request an evaluation by the department of corrections to
determine whether they are amenable to treatment. If the offender is
determined to be amenable to treatment, the offender may request placement in a
treatment program within a correctional facility operated by the department.
Placement in such treatment program is subject to available funds.
(9)(a) When a court
sentences a person to a term of total confinement to the custody of the
department of corrections for an offense categorized as a sex offense or a
serious violent offense committed after July 1, 1988, but before July 1, 1990,
assault in the second degree, assault of a child in the second degree, any
crime against a person where it is determined in accordance with RCW 9.94A.125
that the defendant or an accomplice was armed with a deadly weapon at the time
of commission, or any felony offense under chapter 69.50 or 69.52 RCW not
sentenced under subsection (6) of this section, committed on or after July 1,
1988, the court shall in addition to the other terms of the sentence, sentence
the offender to a one-year term of community placement beginning either upon
completion of the term of confinement or at such time as the offender is
transferred to community custody in lieu of earned early release in accordance
with RCW 9.94A.150 (1) and (2). When the court sentences an offender under
this subsection to the statutory maximum period of confinement then the
community placement portion of the sentence shall consist entirely of such
community custody to which the offender may become eligible, in accordance with
RCW 9.94A.150 (1) and (2). Any period of community custody actually served
shall be credited against the community placement portion of the sentence.
(b) When a court
sentences a person to a term of total confinement to the custody of the
department of corrections for an offense categorized as a sex offense or
serious violent offense committed on or after July 1, 1990, the court shall in
addition to other terms of the sentence, sentence the offender to community
placement for two years or up to the period of earned early release awarded
pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community
placement shall begin either upon completion of the term of confinement or at
such time as the offender is transferred to community custody in lieu of earned
early release in accordance with RCW 9.94A.150 (1) and (2). When the court
sentences an offender under this subsection to the statutory maximum period of
confinement then the community placement portion of the sentence shall consist
entirely of the community custody to which the offender may become eligible, in
accordance with RCW 9.94A.150 (1) and (2). Any period of community custody
actually served shall be credited against the community placement portion of
the sentence. Unless a condition is waived by the court, the terms of
community placement for offenders sentenced pursuant to this section shall
include the following conditions:
(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 controlled substances except pursuant to lawfully issued
prescriptions;
(iv) An offender in
community custody shall not unlawfully possess controlled substances;
(v) The offender shall
pay supervision fees as determined by the department of corrections; and
(vi) The residence
location and living arrangements are subject to the prior approval of the
department of corrections during the period of community placement.
(c) As a part of any
sentence imposed under (a) or (b) of this subsection, 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 crime-related treatment or counseling services;
(iv) The offender shall
not consume alcohol; ((or))
(v) The offender shall
comply with any crime-related prohibitions; or
(vi) For an offender
convicted of a felony sex offense against a minor victim after the effective
date of this act, the offender shall comply with any terms and conditions of
community placement imposed by the department of corrections relating to
contact between the sex offender and a minor victim or a child of similar age
or circumstance as a previous victim.
(d) Prior to transfer to,
or during, community placement, any conditions of community placement may be
removed or modified so as not to be more restrictive by the sentencing court,
upon recommendation of the department of corrections.
(10) 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.
(11) If a sentence
imposed includes payment of a legal financial obligation, the sentence shall
specify the total amount of the legal financial obligation owed, and shall require
the offender to pay a specified monthly sum toward that legal financial
obligation. Restitution to victims shall be paid prior to any other payments
of monetary obligations. Any legal financial obligation that is imposed by the
court may be collected by the department, which shall deliver the amount paid
to the county clerk for credit. The offender's compliance with payment of
legal financial obligations shall be supervised by the department. All
monetary payments ordered shall be paid no later than ten years after the last
date of release from confinement pursuant to a felony conviction or the date
the sentence was entered. Independent of the department, the party or entity
to whom the legal financial obligation is owed shall have the authority to
utilize any other remedies available to the party or entity to collect the
legal financial obligation. Nothing in this section makes the department, the
state, or any of its employees, agents, or other persons acting on their behalf
liable under any circumstances for the payment of these legal financial
obligations. If an order includes restitution as one of the monetary
assessments, the county clerk shall make disbursements to victims named in the
order.
(12) Except as provided
under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence
providing for a term of confinement or community supervision or community
placement which exceeds the statutory maximum for the crime as provided in
chapter 9A.20 RCW.
(13) All offenders
sentenced to terms involving community supervision, community service,
community placement, or legal financial obligation shall be under the
supervision of the secretary of the department of corrections or such person as
the secretary may designate and shall follow explicitly the instructions of the
secretary including reporting as directed to a community corrections officer,
remaining within prescribed geographical boundaries, notifying the community
corrections officer of any change in the offender's address or employment, and
paying the supervision fee assessment. The department may require offenders to
pay for special services rendered on or after July 25, 1993, including
electronic monitoring, day reporting, and telephone reporting, dependent upon
the offender's ability to pay. The department may pay for these services for
offenders who are not able to pay.
(14) All offenders
sentenced to terms involving community supervision, community service, or
community placement under the supervision of the department of corrections
shall not own, use, or possess firearms or ammunition. Offenders who own, use,
or are found to be in actual or constructive possession of firearms or
ammunition shall be subject to the appropriate violation process and
sanctions. "Constructive possession" as used in this subsection
means the power and intent to control the firearm or ammunition.
"Firearm" as used in this subsection means a weapon or device from
which a projectile may be fired by an explosive such as gunpowder.
(15) 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.
(16) 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).
(17) 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.
(18) As a part of any
sentence, the court may impose and enforce an order that relates directly to
the circumstances of the crime for which the offender has been convicted,
prohibiting the offender from having any contact with other specified
individuals or a specific class of individuals for a period not to exceed the
maximum allowable sentence for the crime, regardless of the expiration of the
offender's term of community supervision or community placement.
(19) In any sentence of
partial confinement, the court may require the defendant to serve the partial
confinement in work release, in a program of home detention, on work crew, or
in a combined program of work crew and home detention.
(20) All
court-ordered legal financial obligations collected by the department and
remitted to the county clerk shall be credited and paid where restitution is
ordered. Restitution shall be paid prior to any other payments of monetary
obligations.
