HB 3161 -
By Committee on Human Services & Corrections
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 9.94A.713 and 2006 c 130 s 1 are each amended to read
as follows:
(1) When an offender is sentenced under RCW 9.94A.712, the
department shall assess the offender's risk of recidivism and shall
recommend to the board any additional or modified conditions of the
offender's community custody based upon the risk to community safety.
In addition, the department shall make a recommendation with regard to,
and the board may require the offender to participate in,
rehabilitative programs, or otherwise perform affirmative conduct, and
obey all laws. The department may recommend and, if recommended, the
board may impose electronic monitoring as a condition of community
custody for the offender. Within the resources made available by the
department for this purpose, the department shall carry out any
monitoring imposed under this section using the most appropriate
technology given the individual circumstances of the offender. The
department shall recover the costs of the electronic monitoring from
the offender to the extent that the department determines the offender
is financially able. As used in this section, "electronic monitoring"
means the monitoring of an offender using an electronic offender
tracking system including, but not limited to, a system using radio
frequency or active or passive global positioning technology. The
board must consider and may impose department-recommended conditions.
(2) The department may not recommend and the board may not impose
conditions that are contrary to those ordered by the court and may not
contravene or decrease court-imposed conditions. The board shall
notify the offender in writing of any such conditions or modifications.
(3) In setting, modifying, and enforcing conditions of community
custody, the department shall be deemed to be performing a quasi-judicial function.
(4) If an offender violates conditions imposed by the court, the
department, or the board during community custody, the board or the
department may transfer the offender to a more restrictive confinement
status and impose other available sanctions as provided in RCW
9.95.435.
(5) By the close of the next business day, after receiving notice
of a condition imposed by the board or the department, an offender may
request an administrative hearing under rules adopted by the board.
The condition shall remain in effect unless the hearing examiner finds
that it is not reasonably related to any of the following:
(a) The crime of conviction;
(b) The offender's risk of reoffending; or
(c) The safety of the community.
(6) An offender released by the board under RCW 9.95.420 shall be
subject to the supervision of the department until the expiration of
the maximum term of the sentence. The department shall monitor the
offender's compliance with conditions of community custody imposed by
the court, department, or board, and promptly report any violations to
the board. Any violation of conditions of community custody
established or modified by the board shall be subject to the provisions
of RCW 9.95.425 through 9.95.440.
(7) If the department finds that an emergency exists requiring the
immediate imposition of conditions of release in addition to those set
by the board under RCW 9.95.420 and subsection (1) of this section in
order to prevent the offender from committing a crime, the department
may impose additional conditions. The department may not impose
conditions that are contrary to those set by the board or the court and
may not contravene or decrease court-imposed or board-imposed
conditions. Conditions imposed under this subsection shall take effect
immediately after notice to the offender by personal service, but shall
not remain in effect longer than seven working days unless approved by
the board under subsection (1) of this section within seven working
days.
Sec. 2 RCW 9.94A.715 and 2006 c 130 s 2 and 2006 c 128 s 5 are
each reenacted and amended to read as follows:
(1) When a court sentences a person to the custody of the
department for a sex offense not sentenced under RCW 9.94A.712, a
violent offense, any crime against persons under RCW 9.94A.411(2), or
a felony offense under chapter 69.50 or 69.52 RCW, committed on or
after July 1, 2000, or when a court sentences a person to a term of
confinement of one year or less for a violation of RCW
9A.44.130(((10))) (11)(a) committed on or after June 7, 2006, the court
shall in addition to the other terms of the sentence, sentence the
offender to community custody for the community custody range
established under RCW 9.94A.850 or up to the period of earned release
awarded pursuant to RCW 9.94A.728 (1) and (2), whichever is longer.
The community custody shall begin: (a) Upon completion of the term of
confinement; (b) at such time as the offender is transferred to
community custody in lieu of earned release in accordance with RCW
9.94A.728 (1) and (2); or (c) with regard to offenders sentenced under
RCW 9.94A.660, upon failure to complete or administrative termination
from the special drug offender sentencing alternative program. Except
as provided in RCW 9.94A.501, the department shall supervise any
sentence of community custody imposed under this section.
(2)(a) Unless a condition is waived by the court, the conditions of
community custody shall include those provided for in RCW 9.94A.700(4).
The conditions may also include those provided for in RCW 9.94A.700(5).
The court may also order the offender to participate in rehabilitative
programs or otherwise perform affirmative conduct reasonably related to
the circumstances of the offense, the offender's risk of reoffending,
or the safety of the community, and the department shall enforce such
conditions pursuant to subsection (6) of this section.
(b) As part of any sentence that includes a term of community
custody imposed under this subsection, the court shall also require the
offender to comply with any conditions imposed by the department under
RCW 9.94A.720. The department shall assess the offender's risk of
reoffense and may establish and modify additional conditions of the
offender's community custody based upon the risk to community safety.
In addition, the department may require the offender to participate in
rehabilitative programs, or otherwise perform affirmative conduct, and
to obey all laws. The department may impose electronic monitoring as
a condition of community custody for an offender sentenced to a term of
community custody under this section pursuant to a conviction for a sex
offense. Within the resources made available by the department for
this purpose, the department shall carry out any electronic monitoring
imposed under this section using the most appropriate technology given
the individual circumstances of the offender. The department shall
recover the costs of the electronic monitoring from the offender to the
extent that the department determines the offender is financially able.
As used in this section, "electronic monitoring" means the monitoring
of an offender using an electronic offender tracking system including,
but not limited to, a system using radio frequency or active or passive
global positioning system technology.
(c) The department may not impose conditions that are contrary to
those ordered by the court and may not contravene or decrease court
imposed conditions. The department shall notify the offender in
writing of any such conditions or modifications. In setting,
modifying, and enforcing conditions of community custody, the
department shall be deemed to be performing a quasi-judicial function.
(3) If an offender violates conditions imposed by the court or the
department pursuant to this section during community custody, the
department may transfer the offender to a more restrictive confinement
status and impose other available sanctions as provided in RCW
9.94A.737 and 9.94A.740.
(4) Except for terms of community custody under RCW 9.94A.670, the
department shall discharge the offender from community custody on a
date determined by the department, which the department may modify,
based on risk and performance of the offender, within the range or at
the end of the period of earned release, whichever is later.
(5) At any time prior to the completion or termination of a sex
offender's term of community custody, if the court finds that public
safety would be enhanced, the court may impose and enforce an order
extending any or all of the conditions imposed pursuant to this section
for a period up to the maximum allowable sentence for the crime as it
is classified in chapter 9A.20 RCW, regardless of the expiration of the
offender's term of community custody. If a violation of a condition
extended under this subsection occurs after the expiration of the
offender's term of community custody, it shall be deemed a violation of
the sentence for the purposes of RCW 9.94A.631 and may be punishable as
contempt of court as provided for in RCW 7.21.040. If the court
extends a condition beyond the expiration of the term of community
custody, the department is not responsible for supervision of the
offender's compliance with the condition.
(6) Within the funds available for community custody, the
department shall determine conditions and duration of community custody
on the basis of risk to community safety, and shall supervise offenders
during community custody on the basis of risk to community safety and
conditions imposed by the court. The secretary shall adopt rules to
implement the provisions of this subsection.
(7) By the close of the next business day after receiving notice of
a condition imposed or modified by the department, an offender may
request an administrative review under rules adopted by the department.
The condition shall remain in effect unless the reviewing officer finds
that it is not reasonably related to any of the following: (a) The
crime of conviction; (b) the offender's risk of reoffending; or (c) the
safety of the community."
HB 3161 -
By Committee on Human Services & Corrections
On page 1, line 2 of the title, after "monitoring;" strike the remainder of the title and insert "amending RCW 9.94A.713; and reenacting and amending RCW 9.94A.715."