CERTIFICATION OF ENROLLMENT

SUBSTITUTE SENATE BILL 6162

Chapter 376, Laws of 2009

(partial veto)

61st Legislature
2009 Regular Session



COMMUNITY CUSTODY--SERIOUS VIOLENT OFFENSES



EFFECTIVE DATE: 07/26/09

Passed by the Senate April 25, 2009
  YEAS 42   NAYS 1

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House April 26, 2009
  YEAS 95   NAYS 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6162 as passed by the Senate and the House of Representatives on the dates hereon set forth.

THOMAS HOEMANN
________________________________________    
Secretary
Approved May 6, 2009, 2:22 p.m., with the exception of Section 3 which is vetoed.







CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
May 8, 2009







Secretary of State
State of Washington


_____________________________________________ 

SUBSTITUTE SENATE BILL 6162
_____________________________________________

Passed Legislature - 2009 Regular Session
State of Washington61st Legislature2009 Regular Session

By Senate Ways & Means (originally sponsored by Senator Prentice)

READ FIRST TIME 04/24/09.   



     AN ACT Relating to criminal justice: Providing for the supervision of offenders sentenced to community custody regardless of risk classification if the offender has a current conviction for a serious violent offense as defined in RCW 9.94A.030; amending RCW 9.94A.501 and 9.94A.501; creating a new section; providing effective dates; providing an expiration date; and declaring an emergency.

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

Sec. 1   RCW 9.94A.501 and 2009 c ... (ESSB 5288) s 1 are each amended to read as follows:
     (1) The department shall supervise every offender convicted of a misdemeanor or gross misdemeanor offense who is sentenced to probation in superior court, pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, for an offense included in (a) and (b) of this subsection. 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;
     (iii) Communication with a minor for immoral purposes; and
     (iv) Failure to register pursuant to RCW 9A.44.130.
     (2) Misdemeanor and gross misdemeanor offenders supervised by the department pursuant to this section shall be placed on community custody.
     (3) The department shall supervise every felony offender sentenced to community custody whose risk assessment, conducted pursuant to subsection (6) of this section, places the offender in one of the two highest risk categories.
     (4) Notwithstanding any other provision of this section, the department shall supervise an offender sentenced to community custody regardless of risk classification if the offender:
     (a) Has a current conviction for a sex offense or a serious violent offense as defined in RCW 9.94A.030;
     (b) Has been identified by the department as a dangerous mentally ill offender pursuant to RCW 72.09.370;
     (c) Has an indeterminate sentence and is subject to parole pursuant to RCW 9.95.017;
     (d) Was sentenced under RCW 9.94A.650, 9.94A.660, or 9.94A.670; or
     (e) Is subject to supervision pursuant to RCW 9.94A.745.
     (5) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody, community placement, or community supervision or any probationer unless the offender or probationer is one for whom supervision is required under subsection (1), (2), (3), or (4) of this section.
     (6) The department shall conduct a risk assessment for every felony offender sentenced to a term of community custody, community placement, or community supervision who may be subject to supervision under this section.

Sec. 2   RCW 9.94A.501 and 2009 c ... (ESSB 5288) s 2 are each amended to read as follows:
     (1) The department shall supervise every offender convicted of a misdemeanor or gross misdemeanor offense who is sentenced to probation in superior court, pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, for an offense included in (a) and (b) of this subsection. 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;
     (iii) Communication with a minor for immoral purposes; and
     (iv) Failure to register pursuant to RCW 9A.44.130.
     (2) Misdemeanor and gross misdemeanor offenders supervised by the department pursuant to this section shall be placed on community custody.
     (3) The department shall supervise every felony offender sentenced to community custody whose risk assessment, conducted pursuant to subsection (6) of this section, classifies the offender as one who is at a high risk to reoffend.
     (4) Notwithstanding any other provision of this section, the department shall supervise an offender sentenced to community custody regardless of risk classification if the offender:
     (a) Has a current conviction for a sex offense or a serious violent offense as defined in RCW 9.94A.030;
     (b) Has been identified by the department as a dangerous mentally ill offender pursuant to RCW 72.09.370;
     (c) Has an indeterminate sentence and is subject to parole pursuant to RCW 9.95.017;
     (d) Was sentenced under RCW 9.94A.650, 9.94A.660, or 9.94A.670; or
     (e) Is subject to supervision pursuant to RCW 9.94A.745.
     (5) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody or any probationer unless the offender or probationer is one for whom supervision is required under subsection (1), (2), (3), or (4) of this section.
     (6) The department shall conduct a risk assessment for every felony offender sentenced to a term of community custody who may be subject to supervision under this section.

     *NEW SECTION.  Sec. 3   (1) Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately, or when section 1, chapter . . . (ESSB 5288), Laws of 2009 takes effect, whichever is later.
     (2) Section 2 of this act takes effect August 1, 2009.
     *Sec. 3 was vetoed. See message at end of chapter.

NEW SECTION.  Sec. 4   Section 1 of this act expires August 1, 2009.

NEW SECTION.  Sec. 5   If Engrossed Substitute Senate Bill No. 5288, as amended by the House, is not enacted into law by August 1, 2009, this act is null and void.


         Passed by the Senate April 25, 2009.
         Passed by the House April 26, 2009.
         Approved by the Governor May 6, 2009, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State May 8, 2009.

     Note: Governor's explanation of partial veto is as follows:

"I have approved, except for Section 3, Substitute Senate Bill 6162 entitled:

     "AN ACT Relating to criminal justice: Providing for the supervision of offenders sentenced to community custody regardless of risk classification if the offender has a current conviction for a serious violent offense as defined in RCW 9.94A.030."

Substitute Senate Bill 6162 corrects an error in Engrossed Second Substitute Senate Bill 5288 by ensuring that all serious violent offenders are sentenced to community custody regardless of risk level. I have vetoed the emergency clause in ESSB 5288, and so I am also vetoing the emergency clause in Section 3 of SSB 6162 as it is not necessary.

For this reason, I have vetoed Section 3 of Substitute Senate Bill 6162. With the exception of Section 3, Substitute Senate Bill 6162 is approved."