BILL REQ. #:  H-3186.2 

READ FIRST TIME 01/28/14.   

     AN ACT Relating to pretrial release programs; amending RCW 10.21.030; and adding a new section to chapter 10.21 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 10.21 RCW to read as follows:
     (1) Under this chapter, "pretrial release program" is any program, either run directly by a county or city, or by a private or public entity through contract with a county or city, into whose custody an offender is released prior to trial and which agrees to supervise the offender. As used in this section, "supervision" includes, but is not limited to, work release, day monitoring, or electronic monitoring.
     (2) A pretrial release program may not agree to supervise, or accept into its custody, an offender who is currently awaiting trial for a violent offense or sex offense, as defined in RCW 9.94A.030, who has been convicted of one or more violent offenses or sex offenses in the ten years before the date of the current offense, unless the offender's release before trial was secured with a payment of bail.

Sec. 2   RCW 10.21.030 and 2010 c 254 s 5 are each amended to read as follows:
     (1) The judicial officer may at any time amend the order to impose additional or different conditions of release. The conditions imposed under this chapter supplement but do not supplant provisions of law allowing the imposition of conditions to assure the appearance of the defendant at trial or to prevent interference with the administration of justice.
     (2) Appropriate conditions of release under this chapter include, but are not limited to, the following:
     (a) The defendant may be placed in the custody of a ((designated person or organization agreeing to supervise the defendant)) pretrial release program;
     (b) The defendant may have restrictions placed upon travel, association, or place of abode during the period of release;
     (c) The defendant may be required to comply with a specified curfew;
     (d) The defendant may be required to return to custody during specified hours or to be placed on electronic monitoring, if available. The defendant, if convicted, may not have the period of incarceration reduced by the number of days spent on electronic monitoring;
     (e) The defendant may be prohibited from approaching or communicating in any manner with particular persons or classes of persons;
     (f) The defendant may be prohibited from going to certain geographical areas or premises;
     (g) The defendant may be prohibited from possessing any dangerous weapons or firearms;
     (h) The defendant may be prohibited from possessing or consuming any intoxicating liquors or drugs not prescribed to the defendant. The defendant may be required to submit to testing to determine the defendant's compliance with this condition;
     (i) The defendant may be prohibited from operating a motor vehicle that is not equipped with an ignition interlock device;
     (j) The defendant may be required to report regularly to and remain under the supervision of an officer of the court or other person or agency; and
     (k) The defendant may be prohibited from committing any violations of criminal law.