_______________________________________________
HOUSE BILL 1280
_______________________________________________
Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 01/19/95.
Referred to Committee on Corrections.
Revising
procedures for offenders who violate conditions or requirements of sentences.
AN ACT Relating to
offenders' noncompliance with conditions or requirements of sentences; amending
RCW 9.94A.200; and prescribing penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.94A.200 and 1989 c
252 s 7 are each amended to read as follows:
(1) If an offender
violates any condition or requirement of a sentence, the court may modify its
order of judgment and sentence and impose further punishment in accordance with
this section.
(2) If an offender
fails to comply with any of the requirements or conditions of a sentence the
following provisions apply:
(a)(i) Following the
violation, if the offender and the department make a stipulated agreement, the
department may impose sanctions such as work release, home detention with
electronic monitoring, work crew, community service, inpatient treatment, daily
reporting, curfew, educational or counseling sessions, supervision enhanced
through electronic monitoring, jail time, or other sanctions available in the
community.
(ii) Within
seventy-two hours of signing the stipulated agreement, the department shall
submit a report to the court and the prosecuting attorney outlining the
violation or violations, and sanctions imposed. Within fifteen days of receipt
of the report, if the court is not satisfied with the sanctions, the court may
schedule a hearing and may modify the department's sanctions. If this occurs,
the offender may withdraw from the stipulated agreement.
(iii) If the
offender fails to comply with the sanction administratively imposed by the
department, the court may take action regarding the original noncompliance.
Offender failure to comply with the sanction administratively imposed by the
department may be considered an additional violation.
(b) In the absence
of a stipulated agreement, or where the court is not satisfied with the
department's sanctions as provided in (a) of this subsection, the court,
upon the motion of the state, or upon its own motion, shall require the
offender to show cause why the offender should not be punished for the
noncompliance. The court may issue a summons or a warrant of arrest for the
offender's appearance;
(((b))) (c)
The state has the burden of showing noncompliance by a preponderance of the
evidence. If the court finds that the violation has occurred, it may order the
offender to be confined for a period not to exceed sixty days for each
violation, and may (i) convert a term of partial confinement to total
confinement, (ii) convert community service obligation to total or partial
confinement, ((or)) (iii) convert monetary obligations, except
restitution and the crime victim penalty assessment, to community service hours
at the rate of the state minimum wage as established in RCW 49.46.020 for each
hour of community service, or (iv) order one or more of the penalties
authorized in (a)(i) of this subsection. Any time served in confinement
awaiting a hearing on noncompliance shall be credited against any confinement
order by the court; and
(((c))) (d)
If the court finds that the violation was not willful, the court may modify its
previous order regarding payment of legal financial obligations and regarding
community service obligations.
(3) Nothing in this
section prohibits the filing of escape charges if appropriate.
Passed
the House March 7, 1995.
Passed
the Senate April 10, 1995.
Approved by the Governor April 27, 1995.
Filed in Office of
Secretary of State April 27, 1995.
