BILL REQ. #:  H-3672.1 

Read first time 04/22/2007.   Referred to Committee on Judiciary.

     AN ACT Relating to improving the resources and tools community corrections officers and law enforcement need to perform their duties protecting the public; amending RCW 9.94A.631, 9.94A.720, and 9.94A.737; adding a new section to chapter 9.94A RCW; adding new sections to chapter 72.09 RCW; adding a new section to chapter 72.04A RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that public safety is one of the paramount duties of the state and an essential function of government. The legislature further finds that systemic problems exist with the department of corrections that must be addressed expeditiously and unequivocally in order to rebuild public confidence in the state's ability to best protect them from criminal offenders who have been released from full incarceration but are still serving their sentences on community custody. Turnstile justice is not conducive to building public safety, public confidence in and support for our criminal justice system as a whole, and the morale of personnel working within our department of corrections, law enforcement agencies, and prosecutors' offices. Citizens expect and demand predictability, proportionality, uniformity, transparency, and justice when dealing with criminal offenders and due consideration for the severe and detrimental impact of crime on victims and their families and friends when dealing with such offenders. The legislature also recognizes the need to ensure the safety of the public while offenders are released into communities. To further the goal of ensuring public safety, the legislature intends to improve the monitoring of offenders on supervision and hold those who violate the conditions of supervision accountable for their actions. The legislature intends to increase the effectiveness of supervision of offenders on community custody through methods such as providing community corrections officers increased flexibility in determining sanctions for supervision violations and in searches of offenders on community custody with the goal of enhancing public safety and preventing future offenses and supervision violations.

Sec. 2   RCW 9.94A.631 and 1984 c 209 s 11 are each amended to read as follows:
     If an offender violates any condition or requirement of a sentence, a community corrections officer may arrest or cause the arrest of the offender without a warrant, pending a determination by the court. If there is reasonable cause to believe that an offender has violated a condition or requirement of the sentence, an offender may be required to submit to a search and seizure of the offender's person, residence, automobile, or other personal property. An offender may be required to submit to a search without reasonable cause to believe that he or she has violated a condition or requirement of the sentence if the search is a condition of his or her community custody under section 3 of this act. A community corrections officer may also arrest an offender for any crime committed in his or her presence. The facts and circumstances of the conduct of the offender shall be reported by the community corrections officer, with recommendations, to the court.
     If a community corrections officer arrests or causes the arrest of an offender under this section, the offender shall be confined and detained in the county jail of the county in which the offender was taken into custody, and the sheriff of that county shall receive and keep in the county jail, where room is available, all prisoners delivered to the jail by the community corrections officer, and such offenders shall not be released from custody on bail or personal recognizance, except upon approval of the court, pursuant to a written order.

NEW SECTION.  Sec. 3   A new section is added to chapter 9.94A RCW to read as follows:
     (1) The legislature finds that:
     (a) Offenders in total confinement may be subjected to random, unannounced inspections without violating the constitutional requirement that all searches be reasonable;
     (b) Offenders on community custody, including escapees and absconders, have the same expectation of privacy as offenders in total confinement; and
     (c) Requiring an offender on community custody, including escapees and absconders, to submit to random, unannounced inspections is therefore reasonable under the federal and state Constitutions.
     (2) When a court sentences an offender to a term of community custody under RCW 9.94A.505(2)(b), 9.94A.545, 9.94A.650, or 9.94A.715, for a crime committed on or after the effective date of this act, the court shall require the offender, as a condition of community custody, to submit to random, unannounced inspections of his or her person, residence, automobile, or other personal property.

NEW SECTION.  Sec. 4   A new section is added to chapter 72.09 RCW to read as follows:
     The department shall allow community corrections officers to inspect the person, residence, automobile, or other personal property of an offender, including escapees and absconders, under its supervision in the community whenever the community corrections officer, based on the officer's professional judgment and discretion, has reasonable cause to believe that the offender has violated a condition or requirement of his or her sentence.

NEW SECTION.  Sec. 5   A new section is added to chapter 72.09 RCW to read as follows:
     (1) The department shall allow community corrections officers, based on the officer's professional judgment and discretion, to perform random, unannounced inspections of the person, residence, automobile, or other personal property of every offender, including escapees and absconders, under the department's supervision pursuant to a term of community custody imposed for a crime committed on or after the effective date of this act.
     (2) The community corrections officer shall document his or her rationale for conducting an inspection under this section.

Sec. 6   RCW 9.94A.720 and 2003 c 379 s 7 are each amended to read as follows:
     (1)(a) Except as provided in RCW 9.94A.501, all offenders sentenced to terms involving community supervision, community restitution, community placement, or community custody shall be under the supervision of the department and shall follow explicitly the instructions and conditions of the department. The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the conditions of the sentence imposed. The department may only supervise the offender's compliance with payment of legal financial obligations during any period in which the department is authorized to supervise the offender in the community under RCW 9.94A.501.
     (b) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment.
     (c) For offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (b) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals.
     (d) For offenders sentenced to terms of community custody for crimes committed on or after July 1, 2000, the department may impose conditions as specified in RCW 9.94A.715.
     The conditions authorized under (c) of this subsection may be imposed by the department prior to or during an offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to RCW 9.94A.710 occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.740 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.737. At any time prior to the completion of an offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to RCW 9.94A.710 or 9.94A.715 be continued beyond the expiration of the offender's term of community custody as authorized in RCW 9.94A.715 (3) or (5).
     The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.
     (2) No offender sentenced to terms involving community supervision, community restitution, community custody, or community placement under the supervision of the department may own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the violation process and sanctions under RCW 9.94A.634, 9.94A.737, and 9.94A.740. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection has the same definition as in RCW 9.41.010.
     (3) A community corrections officer is not liable for civil damages arising from an act or omission that occurs when the community corrections officer provides assistance to a law enforcement officer so long as the community corrections officer was acting at the request of the law enforcement officer, unless the act or omission constitutes gross negligence.
     (4) A community corrections officer is not liable for civil damages arising from an act or omission that occurs when the community corrections officer interacts with a third party who is attempting to intervene in a situation in which the community corrections officer is contacting an offender on community custody or community supervision, unless the act or omission constitutes gross negligence.

Sec. 7   RCW 9.94A.737 and 2005 c 435 s 3 are each amended to read as follows:
     (1) If an offender violates any condition or requirement of community custody, the department may transfer the offender to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation and subject to the limitations of subsection (2) of this section.
     (2)(a) For a sex offender sentenced to a term of community custody under RCW 9.94A.670 who violates any condition of community custody, the department may impose a sanction of up to sixty days' confinement in a local correctional facility for each violation. If the department imposes a sanction, the department shall submit within seventy-two hours a report to the court and the prosecuting attorney outlining the violation or violations and the sanctions imposed.
     (b) For a sex offender sentenced to a term of community custody under RCW 9.94A.710 who violates any condition of community custody after having completed his or her maximum term of total confinement, including time served on community custody in lieu of earned release, the department may impose a sanction of up to sixty days in a local correctional facility for each violation.
     (c) For an offender sentenced to a term of community custody under RCW 9.94A.505(2)(b), 9.94A.650, or 9.94A.715, or under RCW 9.94A.545, for a crime committed on or after July 1, 2000, who violates any condition of community custody after having completed his or her maximum term of total confinement, including time served on community custody in lieu of earned release, the department may impose a sanction of up to sixty days in total confinement for each violation. The department may impose sanctions such as work release, home detention with electronic monitoring, work crew, community restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, or any other sanctions available in the community.
     (d) For an offender sentenced to a term of community placement under RCW 9.94A.705 who violates any condition of community placement after having completed his or her maximum term of total confinement, including time served on community custody in lieu of earned release, the department may impose a sanction of up to sixty days in total confinement for each violation. The department may impose sanctions such as work release, home detention with electronic monitoring, work crew, community restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, or any other sanctions available in the community.
     (3) If an offender is accused of violating any condition or requirement of community custody, he or she is entitled to a hearing before the department prior to the imposition of sanctions. The hearing shall be considered as offender disciplinary proceedings and shall not be subject to chapter 34.05 RCW. The department shall develop hearing procedures and a structure of graduated sanctions.
     (4) The hearing procedures required under subsection (3) of this section shall be developed by rule and include the following:
     (a) Hearing officers shall report through a chain of command separate from that of community corrections officers;
     (b) The department shall provide the offender with written notice of the violation, the evidence relied upon, and the reasons the particular sanction was imposed. The notice shall include a statement of the rights specified in this subsection, and the offender's right to file a personal restraint petition under court rules after the final decision of the department;
     (c) The hearing shall be held unless waived by the offender, and shall be electronically recorded. For offenders not in total confinement, the hearing shall be held within fifteen working days, but not less than twenty-four hours, after notice of the violation. For offenders in total confinement, the hearing shall be held within five working days, but not less than twenty-four hours, after notice of the violation;
     (d) The offender shall have the right to: (i) Be present at the hearing; (ii) have the assistance of a person qualified to assist the offender in the hearing, appointed by the hearing officer if the offender has a language or communications barrier; (iii) testify or remain silent; (iv) call witnesses and present documentary evidence; and (v) question witnesses who appear and testify; and
     (e) The sanction shall take effect if affirmed by the hearing officer. Within seven days after the hearing officer's decision, the offender may appeal the decision to a panel of three reviewing officers designated by the secretary or by the secretary's designee. The sanction shall be reversed or modified if a majority of the panel finds that the sanction was not reasonably related to any of the following: (i) The crime of conviction; (ii) the violation committed; (iii) the offender's risk of reoffending; or (iv) the safety of the community.
     (5) For purposes of this section, no finding of a violation of conditions may be based on unconfirmed or unconfirmable allegations.
     (6) The department shall work with the Washington association of sheriffs and police chiefs to establish and operate an electronic monitoring program for low-risk offenders who violate the terms of their community custody. Between January 1, 2006, and December 31, 2006, the department shall endeavor to place at least one hundred low-risk community custody violators on the electronic monitoring program per day if there are at least that many low-risk offenders who qualify for the electronic monitoring program.
     (7) Local governments, their subdivisions and employees, the department and its employees, and the Washington association of sheriffs and police chiefs and its employees shall be immune from civil liability for damages arising from incidents involving low-risk offenders who are placed on electronic monitoring unless it is shown that an employee acted with gross negligence or bad faith.
     (8) When determining the sanction to be imposed on an offender who violates any condition of community custody, a hearing officer shall give due consideration to the community corrections officer's recommendation and shall have the option, based on the hearing officer's professional determination and discretion, to impose the maximum sanction or sanctions allowed under law or the maximum response option adopted by the department regardless of the response option range or violation response score.

NEW SECTION.  Sec. 8   A new section is added to chapter 72.04A RCW to read as follows:
     The department shall develop a plan, using the existing staffing matrix, to reduce the supervision caseload of community corrections officers by December 1, 2009, and increase partnerships such as the neighborhood corrections initiative. Prior to 2009, the department shall hire additional community corrections officers to the extent funding is provided in the operating budget.