6322-SAMHCJCH5344.3SSB 6322H COMM AMDBy Committee on Criminal Justice & Corrections Strike everything after the enacting clause and insert thefollowing:Sec. RCW 9.94A.713 and 2001 2nd sp.s. c 12 s 304 are eachamended to read as follows: (1) When an offender is sentenced under RCW 9.94A.712, thedepartment shall assess the offender's risk of recidivism and shallrecommend to the board any additional or modified conditions of theoffender's community custody based upon the risk to community safety.In addition, the department shall make a recommendation with regard to,and the board may require the offender to participate in,rehabilitative programs, or otherwise perform affirmative conduct, andobey all laws. The department may recommend and the board may imposeelectronic monitoring as a condition of community custody for theoffender. The department shall, with available resources, carry outany monitoring imposed under this section using the most appropriatetechnology given the individual circumstances of the offender. As usedin this section, "electronic monitoring" means the monitoring of anoffender using an electronic offender tracking system including, butnot limited to, a system using radio frequency or active or passiveglobal positioning technology. The board must consider and may imposedepartmentrecommended conditions. (2) The department may not recommend and the board may not imposeconditions that are contrary to those ordered by the court and may notcontravene or decrease courtimposed conditions. The board shallnotify the offender in writing of any such conditions or modifications. (3) In setting, modifying, and enforcing conditions of communitycustody, the department shall be deemed to be performing a quasijudicial function. (4) If an offender violates conditions imposed by the court, thedepartment, or the board during community custody, the board or the Official Print - 1 department may transfer the offender to a more restrictive confinementstatus and impose other available sanctions as provided in RCW9.95.435. (5) By the close of the next business day, after receiving noticeof a condition imposed by the board or the department, an offender mayrequest an administrative hearing under rules adopted by the board.The condition shall remain in effect unless the hearing examiner findsthat it is not reasonably related to any of the following: (a) The crime of conviction; (b) The offender's risk of reoffending; or (c) The safety of the community. (6) An offender released by the board under RCW 9.95.420 shall besubject to the supervision of the department until the expiration ofthe maximum term of the sentence. The department shall monitor theoffender's compliance with conditions of community custody imposed bythe court, department, or board, and promptly report any violations tothe board. Any violation of conditions of community custodyestablished or modified by the board shall be subject to the provisionsof RCW 9.95.425 through 9.95.440. (7) If the department finds that an emergency exists requiring theimmediate imposition of conditions of release in addition to those setby the board under RCW 9.95.420 and subsection (1) of this section inorder to prevent the offender from committing a crime, the departmentmay impose additional conditions. The department may not imposeconditions that are contrary to those set by the board or the court andmay not contravene or decrease courtimposed or boardimposedconditions. Conditions imposed under this subsection shall take effectimmediately after notice to the offender by personal service, but shallnot remain in effect longer than seven working days unless approved bythe board under subsection (1) of this section within seven workingdays.Sec. RCW 9.94A.715 and 2003 c 379 s 6 are each amended to readas follows: (1) When a court sentences a person to the custody of thedepartment for a sex offense not sentenced under RCW 9.94A.712, aviolent offense, any crime against persons under RCW 9.94A.411(2), ora felony offense under chapter 69.50 or 69.52 RCW, committed on or Official Print - 2 after July 1, 2000, the court shall in addition to the other terms ofthe sentence, sentence the offender to community custody for thecommunity custody range established under RCW 9.94A.850 or up to theperiod of earned release awarded pursuant to RCW 9.94A.728 (1) and (2),whichever is longer. The community custody shall begin: (a) Uponcompletion of the term of confinement; (b) at such time as the offenderis transferred to community custody in lieu of earned release inaccordance with RCW 9.94A.728 (1) and (2); or (c) with regard tooffenders sentenced under RCW 9.94A.660, upon failure to complete oradministrative termination from the special drug offender sentencingalternative program. Except as provided in RCW 9.94A.501, thedepartment shall supervise any sentence of community custody imposedunder this section. (2)(a) Unless a condition is waived by the court, the conditions ofcommunity custody shall include those provided for in RCW 9.94A.700(4).The conditions may also include those provided for in RCW 9.94A.700(5).The court may also order the offender to participate in rehabilitativeprograms or otherwise perform affirmative conduct reasonably related tothe circumstances of the offense, the offender's risk of reoffending,or the safety of the community, and the department shall enforce suchconditions pursuant to subsection (6) of this section. (b) As part of any sentence that includes a term of communitycustody imposed under this subsection, the court shall also require theoffender to comply with any conditions imposed by the department underRCW 9.94A.720. The department shall assess the offender's risk ofreoffense and may establish and modify additional conditions of theoffender's community custody based upon the risk to community safety.In addition, the department may require the offender to participate inrehabilitative programs, or otherwise perform affirmative conduct, andto obey all laws. The department may impose electronic monitoring asa condition of community custody for an offender sentenced to a term ofcommunity custody under this section pursuant to a conviction for a sexoffense. The department shall, with available resources, carry out anyelectronic monitoring imposed under this section using the mostappropriate technology given the individual circumstances of theoffender. As used in this section, "electronic monitoring" means themonitoring of an offender using an electronic offender tracking system Official Print - 3 including, but not limited to, a system using radio frequency or activeor passive global positioning system technology. (c) The department may not impose conditions that are contrary tothose ordered by the court and may not contravene or decrease courtimposed conditions. The department shall notify the offender inwriting of any such conditions or modifications. In setting,modifying, and enforcing conditions of community custody, thedepartment shall be deemed to be performing a quasijudicial function. (3) If an offender violates conditions imposed by the court or thedepartment pursuant to this section during community custody, thedepartment may transfer the offender to a more restrictive confinementstatus and impose other available sanctions as provided in RCW9.94A.737 and 9.94A.740. (4) Except for terms of community custody under RCW 9.94A.670, thedepartment shall discharge the offender from community custody on adate determined by the department, which the department may modify,based on risk and performance of the offender, within the range or atthe end of the period of earned release, whichever is later. (5) At any time prior to the completion or termination of a sexoffender's term of community custody, if the court finds that publicsafety would be enhanced, the court may impose and enforce an orderextending any or all of the conditions imposed pursuant to this sectionfor a period up to the maximum allowable sentence for the crime as itis classified in chapter 9A.20 RCW, regardless of the expiration of theoffender's term of community custody. If a violation of a conditionextended under this subsection occurs after the expiration of theoffender's term of community custody, it shall be deemed a violation ofthe sentence for the purposes of RCW 9.94A.631 and may be punishable ascontempt of court as provided for in RCW 7.21.040. If the courtextends a condition beyond the expiration of the term of communitycustody, the department is not responsible for supervision of theoffender's compliance with the condition. (6) Within the funds available for community custody, thedepartment shall determine conditions and duration of community custodyon the basis of risk to community safety, and shall supervise offendersduring community custody on the basis of risk to community safety andconditions imposed by the court. The secretary shall adopt rules toimplement the provisions of this subsection. Official Print - 4 (7) By the close of the next business day after receiving notice ofa condition imposed or modified by the department, an offender mayrequest an administrative review under rules adopted by the department.The condition shall remain in effect unless the reviewing officer findsthat it is not reasonably related to any of the following: (a) Thecrime of conviction; (b) the offender's risk of reoffending; or (c) thesafety of the community.NEW SECTION.Sec. A new section is added to chapter 4.24 RCWto read as follows: Local governments, their subdivisions and employees, the departmentof corrections and its employees, and the Washington association ofsheriffs and police chiefs and its employees are immune from civilliability for damages arising from incidents involving offenders whoare placed on electronic monitoring, unless it is shown that anemployee acted with gross negligence or bad faith. Correct the title.Authorizes the department to recommend and the board toimpose electronic monitoring as a condition of community custody fordeterminateplus sex offenders. Permits the department to imposeelectronic monitoring as a condition of community custody only forthose serving a term of community custody pursuant to a conviction fora sex offense. Clarifies that the department of corrections isincluded in the civil immunity provision.--- END --- Official Print - 5