BILL REQ. #:  S-0908.1 

Read first time 01/25/2005.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to offender risk assessments; amending RCW 9.94A.501; and declaring an emergency.

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

Sec. 1   RCW 9.94A.501 and 2003 c 379 s 3 are each amended to read as follows:
     (1)(a) When the department performs a risk assessment pursuant to RCW 9.94A.500, or to determine a person's conditions of supervision, the risk assessment shall classify the offender into one of at least four risk categories.
     (b) The risk category determined as provided in (a) of this subsection shall not be reduced without written justification by the department that the department has reviewed the initial risk assessment report and presentence reports, including any victim impact statement and criminal history, arguments by the prosecutor, the defense counsel, the offender, the victim, the survivor of the victim, or a representative of the victim or survivor, and an investigative law enforcement officer and provide documentation why the department believes that the risk to the public will not be compromised and the liability to the department will not be increased.
     (2) The department shall supervise every offender sentenced to a term of community custody, community placement, or community supervision:
     (a) Whose risk assessment places that offender in one of the two highest risk categories; or
     (b) Regardless of the offender's risk category if:
     (i) The offender's current conviction is for:
     (A) A sex offense;
     (B) A violent offense;
     (C) A crime against persons as defined in RCW 9.94A.411;
     (D) A felony that is domestic violence as defined in RCW 10.99.020;
     (E) A violation of RCW 9A.52.025 (residential burglary);
     (F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
     (G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
     (ii) The offender has a prior conviction for:
     (A) A sex offense;
     (B) A violent offense;
     (C) A crime against persons as defined in RCW 9.94A.411;
     (D) A felony that is domestic violence as defined in RCW 10.99.020;
     (E) A violation of RCW 9A.52.025 (residential burglary);
     (F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
     (G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
     (iii) The conditions of the offender's community custody, community placement, or community supervision include chemical dependency treatment;
     (iv) The offender was sentenced under RCW 9.94A.650 or 9.94A.670; or
     (v) The offender is subject to supervision pursuant to RCW 9.94A.745.
     (3) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody, community placement, or community supervision unless the offender is one for whom supervision is required under subsection (2) of this section.
     (4) This section expires July 1, 2010.

NEW SECTION.  Sec. 2   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.