BILL REQ. #:  H-2691.1 

Read first time 03/05/2007.   Referred to Committee on Human Services.

     AN ACT Relating to improving state supervision of felony offenders in the community; amending RCW 9.94A.737 and 9.94A.631; adding new sections to chapter 72.09 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 9.94A.737 and 2005 c 435 s 3 are each amended to read as follows:
     (1) If an offender violates any condition or requirement of community custody, the department may transfer the offender to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation and subject to the limitations of subsection (2) of this section.
     (2)(a) For a sex offender sentenced to a term of community custody under RCW 9.94A.670 who violates any condition of community custody, the department may impose a sanction of ((up to sixty days')) total confinement ((in a local correctional facility)) for a period of time up to the offender's remaining term of community custody for each violation. If the department imposes a sanction, the department shall submit within seventy-two hours a report to the court and the prosecuting attorney outlining the violation or violations and the sanctions imposed.
     (b) For a sex offender sentenced to a term of community custody under RCW 9.94A.710 who violates any condition of community custody after having completed his or her maximum term of total confinement, including time served on community custody in lieu of earned release, the department may impose a sanction of ((up to sixty days in a local correctional facility)) total confinement for a period of time up to the offender's remaining term of community custody for each violation.
     (c) For an offender sentenced to a term of community custody under RCW 9.94A.505(2)(b), 9.94A.650, or 9.94A.715, or under RCW 9.94A.545, for a crime committed on or after July 1, 2000, who violates any condition of community custody after having completed his or her maximum term of total confinement, including time served on community custody in lieu of earned release, the department may impose a sanction of ((up to sixty days in)) total confinement for a period of time up to the offender's remaining term of community custody for each violation. The department may impose sanctions such as work release, home detention with electronic monitoring, work crew, community restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, or any other sanctions available in the community.
     (d) For an offender sentenced to a term of community placement under RCW 9.94A.705 who violates any condition of community placement after having completed his or her maximum term of total confinement, including time served on community custody in lieu of earned release, the department may impose a sanction of ((up to sixty days in)) total confinement for a period of time up to the offender's remaining term of community placement for each violation. The department may impose sanctions such as work release, home detention with electronic monitoring, work crew, community restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, or any other sanctions available in the community.
     (3) If an offender is accused of violating any condition or requirement of community custody, he or she is entitled to a hearing before the department prior to the imposition of sanctions. The hearing shall be considered as offender disciplinary proceedings and shall not be subject to chapter 34.05 RCW. The department shall develop hearing procedures and a structure of graduated sanctions.
     (4) The hearing procedures required under subsection (3) of this section shall be developed by rule and include the following:
     (a) Hearing officers shall report through a chain of command separate from that of community corrections officers;
     (b) The department shall provide the offender with written notice of the violation, the evidence relied upon, and the reasons the particular sanction was imposed. The notice shall include a statement of the rights specified in this subsection, and the offender's right to file a personal restraint petition under court rules after the final decision of the department;
     (c) The hearing shall be held unless waived by the offender, and shall be electronically recorded. For offenders not in total confinement, the hearing shall be held within fifteen working days, but not less than twenty-four hours, after notice of the violation. For offenders in total confinement, the hearing shall be held within five working days, but not less than twenty-four hours, after notice of the violation;
     (d) The offender shall have the right to: (i) Be present at the hearing; (ii) have the assistance of a person qualified to assist the offender in the hearing, appointed by the hearing officer if the offender has a language or communications barrier; (iii) testify or remain silent; (iv) call witnesses and present documentary evidence; and (v) question witnesses who appear and testify; and
     (e) The sanction shall take effect if affirmed by the hearing officer. Within seven days after the hearing officer's decision, the offender may appeal the decision to a panel of three reviewing officers designated by the secretary or by the secretary's designee. The sanction shall be reversed or modified if a majority of the panel finds that the sanction was not reasonably related to any of the following: (i) The crime of conviction; (ii) the violation committed; (iii) the offender's risk of reoffending; or (iv) the safety of the community.
     (5) For purposes of this section, no finding of a violation of conditions may be based on unconfirmed or unconfirmable allegations.
     (6) The department shall work with the Washington association of sheriffs and police chiefs to establish and operate an electronic monitoring program for low-risk offenders who violate the terms of their community custody. Between January 1, 2006, and December 31, 2006, the department shall endeavor to place at least one hundred low-risk community custody violators on the electronic monitoring program per day if there are at least that many low-risk offenders who qualify for the electronic monitoring program.
     (7) Local governments, their subdivisions and employees, the department and its employees, and the Washington association of sheriffs and police chiefs and its employees shall be immune from civil liability for damages arising from incidents involving low-risk offenders who are placed on electronic monitoring unless it is shown that an employee acted with gross negligence or bad faith.

Sec. 2   RCW 9.94A.631 and 1984 c 209 s 11 are each amended to read as follows:
     If an offender violates any condition or requirement of a sentence, a community corrections officer may arrest or cause the arrest of the offender without a warrant, pending a determination by the court. ((If there is reasonable cause to believe that an offender has violated a condition or requirement of the sentence,)) An offender may be required to submit to a search and seizure of the offender's person, residence, automobile, or other personal property. A community corrections officer may also arrest an offender for any crime committed in his or her presence. The facts and circumstances of the conduct of the offender shall be reported by the community corrections officer, with recommendations, to the court.
     If a community corrections officer arrests or causes the arrest of an offender under this section, the offender shall be confined and detained in the county jail of the county in which the offender was taken into custody, and the sheriff of that county shall receive and keep in the county jail, where room is available, all prisoners delivered to the jail by the community corrections officer, and such offenders shall not be released from custody on bail or personal recognizance, except upon approval of the court, pursuant to a written order.

NEW SECTION.  Sec. 3   A new section is added to chapter 72.09 RCW to read as follows:
     The department shall perform random, unannounced inspections of the residence of every offender serving a term of community custody. The purpose and scope of the search shall be to determine whether the offender is complying with the terms of his or her community custody.

NEW SECTION.  Sec. 4   A new section is added to chapter 72.09 RCW to read as follows:
     The department shall develop a performance review whenever an offender serving a term of community custody is convicted of a new crime to determine whether the department contributed to the circumstances that allowed the crime to occur. Beginning January 1, 2008, the department shall compile and submit copies of the reviews developed during the previous calendar year to the governor and the legislature.

NEW SECTION.  Sec. 5   A new section is added to chapter 72.09 RCW to read as follows:
     (1) Beginning January 1, 2008, the department shall submit an annual report to the governor and the legislature containing:
     (a) The number of offenders supervised by the department during the previous calendar year;
     (b) The number and custody levels of offenders who violated one or more conditions of their community custody during the previous calendar year; and
     (c) The number and custody levels of offenders who were convicted, during the previous calendar year, of new offenses that were committed while the offenders were on community custody.
     (2) The department shall perform a study to determine whether it has the capacity to adequately supervise all offenders who are serving a term of community custody. The department shall report the results of this study along with a plan to efficiently and effectively improve its supervision capacity to the governor and the legislature by January 1, 2008. For purposes of this subsection, "adequately supervise" means to supervise in a manner that minimizes the number of community custody violations and new crimes committed by offenders under supervision.

NEW SECTION.  Sec. 6   A new section is added to chapter 72.09 RCW to read as follows:
     (1) The department may not release any offenders on community custody until July 1, 2008. The prohibition in this subsection applies regardless of whether the community custody is the result of earned release time or is part of the offender's sentence.
     (2) In no case shall the department hold an offender in total confinement under this section longer than his or her total term of confinement plus any term of community custody that is part of his or her sentence.

NEW SECTION.  Sec. 7   Sections 1 through 3 of this act apply to any offender under the supervision of the department of corrections on or after the effective date of this act.