5288-S.E AMH HS MERE 090

ESSB 5288 - H COMM AMD

By Committee on Human Services

NOT ADOPTED 4/21/2009

    On page 2, line 29, after "offender))" insert the following:

    "The department shall supervise every misdemeanor and gross misdemeanor probationer ordered by superior court to probation under the supervision of the department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210.  The superior court shall order probation for:

    (a) Offenders convicted of fourth degree assault, violation of a domestic violence court order pursuant to RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145 and who also have a prior conviction for one or more of the following:

    (i) A violent offense;

    (ii) A sex offense;

    (iii) A crime against a person as provided in RCW 9.94A.411;

    (iv) Fourth degree assault; or

    (v) Violation of a domestic violence court order; and

    (b) Offenders convicted of:

    (i) Sexual misconduct with a minor second degree;

    (ii) Custodial sexual misconduct second degree; or

    (iii) Communication with a minor for immoral purposes.

    (2)"

    On page 2, beginning on line 30, after "custody" strike ":

    (a) Whose" and insert "whose"

    On page 2, beginning on line 33, after "categories" strike "; or

    (b)(i) Who is not classified in one of the two highest risk categories and:

    (A) Has the current felony conviction for a violent offense or a crime against persons as provided in RCW 9.94A.411; or

    (B) Is required to participate in chemical dependency treatment as a condition of community custody;

    (ii) The department shall terminate supervision for an offender supervised pursuant to this subsection (1)(b) six months after the date of release of the offender, after conducting a new risk assessment, is still not classified in one of the two highest risk categories"

    On page 3, line 7, strike "(2)" and insert "(3)"

    On page 3, line 19, strike "(3)" and insert "((3)) (4)"

    On page 3, line 24, strike "(4)" and insert "((4)) (5)"

EFFECT:   (1) Requires the Department of Corrections (DOC) to supervise offenders convicted in Superior Court of misdemeanor or gross misdemeanor offenses of fourth degree assault or domestic violation of a no contact order and if the offender has at least one prior conviction for a violent offense, a sex offense, a crime against a person, a fourth degree assault, or a domestic violence violation of no contact order.

(2) Requires the DOC to supervise offenders convicted in Superior Court of misdemeanor or gross misdemeanor sex offenses which would require registration.

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