CERTIFICATION OF ENROLLMENT

SUBSTITUTE SENATE BILL 6548

Chapter 258, Laws of 2010

61st Legislature
2010 Regular Session



SUPERVISION OF OFFENDERS--INTERSTATE COMPACT--NEW FELONY OFFENSE



EFFECTIVE DATE: 06/10/10 - Except sections 3 and 4, which become effective 06/01/10.

Passed by the Senate March 10, 2010
  YEAS 48   NAYS 0

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House March 9, 2010
  YEAS 97   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 6548 as passed by the Senate and the House of Representatives on the dates hereon set forth.

THOMAS HOEMANN
________________________________________    
Secretary
Approved March 31, 2010, 3:45 p.m.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
April 1, 2010







Secretary of State
State of Washington


_____________________________________________ 

SUBSTITUTE SENATE BILL 6548
_____________________________________________

AS AMENDED BY THE HOUSE

Passed Legislature - 2010 Regular Session
State of Washington61st Legislature2010 Regular Session

By Senate Human Services & Corrections (originally sponsored by Senators Hargrove, Carrell, Stevens, Kauffman, and Roach)

READ FIRST TIME 02/05/10.   



     AN ACT Relating to offenders on parole or probation; amending RCW 9.94A.633; adding a new section to chapter 9.94A RCW; creating new sections; providing an effective date; and declaring an emergency.

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

Sec. 1   RCW 9.94A.633 and 2009 c 375 s 12 are each amended to read as follows:
     (1)(a) An offender who violates any condition or requirement of a sentence may be sanctioned with up to sixty days' confinement for each violation.
     (b) In lieu of confinement, an offender may be sanctioned with 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.
     (2) If an offender was under community custody pursuant to one of the following statutes, the offender may be sanctioned as follows:
     (a) If the offender was transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.728(((2))), the offender may be transferred 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.
     (b) If the offender was sentenced under the drug offender sentencing alternative set out in RCW 9.94A.660, the offender may be sanctioned in accordance with that section.
     (c) If the offender was sentenced under the special sexual [sex] offender sentencing alternative set out in RCW 9.94A.670, the suspended sentence may be revoked and the offender committed to serve the original sentence of confinement.
     (d) If the offender was sentenced to a work ethic camp pursuant to RCW 9.94A.690, the offender may be reclassified to serve the unexpired term of his or her sentence in total confinement.
     (e) If a sex offender was sentenced pursuant to RCW 9.94A.507, the offender may be transferred 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.
     (3) If a probationer is being supervised by the department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, the probationer may be sanctioned pursuant to subsection (1) of this section. The department shall have authority to issue a warrant for the arrest of an offender who violates a condition of community custody, as provided in RCW 9.94A.716. Any sanctions shall be imposed by the department pursuant to RCW 9.94A.737. The department shall provide a copy of the violation hearing report to the sentencing court in a timely manner. Nothing in this subsection is intended to limit the power of the sentencing court to respond to a probationer's violation of conditions.
     (4) The parole or probation of an offender who is charged with a new felony offense may be suspended and the offender placed in total confinement pending disposition of the new criminal charges if:
     (a) The offender is on parole pursuant to RCW 9.95.110(1); or
     (b) The offender is being supervised pursuant to RCW 9.94A.745 and is on parole or probation pursuant to the laws of another state.

NEW SECTION.  Sec. 2   Section 1 of this act applies to all offenders who committed their crimes before, on, or after the effective date of section 1 of this act.

NEW SECTION.  Sec. 3   The legislature has determined that it is necessary to examine patterns related to the exchange of out-of-state offenders needing supervision. The examination must assess the past action and behavior of other states that send offenders to the state of Washington for supervision to assure that the interstate compact for adult offender supervision operates to protect the safety of the people and communities of Washington and other individual states.

NEW SECTION.  Sec. 4   A new section is added to chapter 9.94A RCW to read as follows:
     (1) The department shall identify the states from which it receives adult offenders who need supervision and examine the feasibility and cost of establishing memoranda of understanding with the states that send the highest number of offenders for supervision to Washington state with the goal of achieving more balanced and equitable obligations under the interstate compact for adult offender supervision.
     (2) At the next meeting of the interstate compact commission, Washington's representatives on the commission shall seek a resolution by the commission regarding:
     (a) Any inequitable distribution of costs, benefits, and obligations affecting Washington under the interstate compact; and
     (b) The scope of the mandatory acceptance policy and the authority of the receiving state to determine when it is no longer able to supervise an offender.
     (3) The department shall examine the feasibility and cost of withdrawal from the interstate compact for adult offender supervision.
     (4) The department shall report to the legislature no later than December 1, 2010, regarding:
     (a) The development of memoranda of understanding with states that send the highest numbers of offenders to Washington state for supervision;
     (b) The outcome of the resolution process with the interstate commission; and
     (c) The feasibility and cost of withdrawal from the interstate compact for adult offender supervision.

NEW SECTION.  Sec. 5   Sections 3 and 4 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 1, 2010.


         Passed by the Senate March 10, 2010.
         Passed by the House March 9, 2010.
         Approved by the Governor March 31, 2010.
         Filed in Office of Secretary of State April 1, 2010.