Z-0102.2  _______________________________________________

                         SENATE BILL 5030

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Hargrove, Fraser, Winsley and Schow; by request of Department of Corrections

Read first time 01/09/95.  Referred to Committee on Human Services & 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.

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