BILL REQ. #:  S-3219.1 

READ FIRST TIME 04/24/09.   

     AN ACT Relating to criminal justice: Providing for the supervision of offenders sentenced to community custody regardless of risk classification if the offender has a current conviction for a serious violent offense as defined in RCW 9.94A.030; amending RCW 9.94A.501 and 9.94A.501; creating a new section; providing effective dates; providing an expiration date; and declaring an emergency.

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

Sec. 1   RCW 9.94A.501 and 2009 c ... (ESSB 5288) s 1 are each amended to read as follows:
     (1) The department shall supervise every offender convicted of a misdemeanor or gross misdemeanor offense who is sentenced to probation in superior court, pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, for an offense included in (a) and (b) of this subsection. The superior court shall order probation for:
     (a) Offenders convicted of fourth degree assault, violation of a domestic violence court order pursuant to RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145, and who also have a prior conviction for one or more of the following:
     (i) A violent offense;
     (ii) A sex offense;
     (iii) A crime against a person as provided in RCW 9.94A.411;
     (iv) Fourth degree assault; or
     (v) Violation of a domestic violence court order; and
     (b) Offenders convicted of:
     (i) Sexual misconduct with a minor second degree;
     (ii) Custodial sexual misconduct second degree;
     (iii) Communication with a minor for immoral purposes; and
     (iv) Failure to register pursuant to RCW 9A.44.130.
     (2) Misdemeanor and gross misdemeanor offenders supervised by the department pursuant to this section shall be placed on community custody.
     (3) The department shall supervise every felony offender sentenced to community custody whose risk assessment, conducted pursuant to subsection (6) of this section, places the offender in one of the two highest risk categories.
     (4) Notwithstanding any other provision of this section, the department shall supervise an offender sentenced to community custody regardless of risk classification if the offender:
     (a) Has a current conviction for a sex offense or a serious violent offense as defined in RCW 9.94A.030;
     (b) Has been identified by the department as a dangerous mentally ill offender pursuant to RCW 72.09.370;
     (c) Has an indeterminate sentence and is subject to parole pursuant to RCW 9.95.017;
     (d) Was sentenced under RCW 9.94A.650, 9.94A.660, or 9.94A.670; or
     (e) Is subject to supervision pursuant to RCW 9.94A.745.
     (5) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody, community placement, or community supervision or any probationer unless the offender or probationer is one for whom supervision is required under subsection (1), (2), (3), or (4) of this section.
     (6) The department shall conduct a risk assessment for every felony offender sentenced to a term of community custody, community placement, or community supervision who may be subject to supervision under this section.

Sec. 2   RCW 9.94A.501 and 2009 c ... (ESSB 5288) s 2 are each amended to read as follows:
     (1) The department shall supervise every offender convicted of a misdemeanor or gross misdemeanor offense who is sentenced to probation in superior court, pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, for an offense included in (a) and (b) of this subsection. The superior court shall order probation for:
     (a) Offenders convicted of fourth degree assault, violation of a domestic violence court order pursuant to RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145, and who also have a prior conviction for one or more of the following:
     (i) A violent offense;
     (ii) A sex offense;
     (iii) A crime against a person as provided in RCW 9.94A.411;
     (iv) Fourth degree assault; or
     (v) Violation of a domestic violence court order; and
     (b) Offenders convicted of:
     (i) Sexual misconduct with a minor second degree;
     (ii) Custodial sexual misconduct second degree;
     (iii) Communication with a minor for immoral purposes; and
     (iv) Failure to register pursuant to RCW 9A.44.130.
     (2) Misdemeanor and gross misdemeanor offenders supervised by the department pursuant to this section shall be placed on community custody.
     (3) The department shall supervise every felony offender sentenced to community custody whose risk assessment, conducted pursuant to subsection (6) of this section, classifies the offender as one who is at a high risk to reoffend.
     (4) Notwithstanding any other provision of this section, the department shall supervise an offender sentenced to community custody regardless of risk classification if the offender:
     (a) Has a current conviction for a sex offense or a serious violent offense as defined in RCW 9.94A.030;
     (b) Has been identified by the department as a dangerous mentally ill offender pursuant to RCW 72.09.370;
     (c) Has an indeterminate sentence and is subject to parole pursuant to RCW 9.95.017;
     (d) Was sentenced under RCW 9.94A.650, 9.94A.660, or 9.94A.670; or
     (e) Is subject to supervision pursuant to RCW 9.94A.745.
     (5) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody or any probationer unless the offender or probationer is one for whom supervision is required under subsection (1), (2), (3), or (4) of this section.
     (6) The department shall conduct a risk assessment for every felony offender sentenced to a term of community custody who may be subject to supervision under this section.

NEW SECTION.  Sec. 3   (1) Section 1 of 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, or when section 1, chapter . . . (ESSB 5288), Laws of 2009 takes effect, whichever is later.
     (2) Section 2 of this act takes effect August 1, 2009.

NEW SECTION.  Sec. 4   Section 1 of this act expires August 1, 2009.

NEW SECTION.  Sec. 5   If Engrossed Substitute Senate Bill No. 5288, as amended by the House, is not enacted into law by August 1, 2009, this act is null and void.