Z-356                 _______________________________________________

                                                   SENATE BILL NO. 5742

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Niemi, Rasmussen and Newhouse

Read first time 2/6/89 and referred to Committee on  Law & Justice.

AN ACT Relating to community confinement of offenders; and amending RCW 9.94A.383.

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

        Sec. 1.  Section 22, chapter 209, Laws of 1984 as amended by section 23, chapter 143, Laws of 1988 and RCW 9.94A.383 are each amended to read as follows:

          On all sentences of confinement for one year or less, the court may impose up to one year of community supervision.

(1) For confinement sentences, unless otherwise ordered by the court, the period of community supervision begins at the date of release from confinement.

(2) For confinement sentences of more than three months, unless otherwise ordered by the court, the period of community supervision begins at the date of release from confinement.

(3) On all sentences of confinement for three months or less, that are not imposed under the special sex offender sentencing alternative, that include up to one year of community supervision, the court may order that the period of supervision be served first.  If the court orders the period of supervision served first, then the court shall waive the period of confinement if the offender has:

(a) Complied with all sentence conditions and requirements including crime-related prohibitions and treatment requirements;

(b) Followed explicitly the instructions of the secretary of the department of corrections or such person as the secretary may designate, including reporting as directed to the community corrections officer, and remaining within prescribed geographical boundaries or notifying the community corrections officer of any change in the offender's address or employment;

(c) Completed all community service hours, pursuant to the schedule determined by the department and completed two-thirds of the community supervision term; and

(d) Paid all court-imposed monetary obligations at the rate of payment determined by the court or, in the absence of a rate determined by the court, the rate set by the department.

If an offender has been found by the court to be in violation of any condition or requirement of the sentence during the period of community supervision, the unserved period of total confinement shall be imposed immediately and shall be served consecutive to any period of confinement ordered for the violation of a condition or requirement of the sentence.

(4) An offender shall be on community supervision as of the date of sentencing.  However, during the time for which the offender is in total or partial confinement pursuant to the sentence or a violation of the sentence, the period of community supervision shall toll.