BILL REQ. #: H-4732.1
| State of Washington | 62nd Legislature | 2012 1st Special Session |
Read first time 04/03/12. Referred to Committee on Ways & Means.
AN ACT Relating to improving community supervision by replacing the current community custody violation process with a structured violation process applicable to all offenders under community custody regardless of underlying offense except only those sentenced to a work ethic camp, to an indeterminate sentence, under chapter 9.94B RCW for a crime committed prior to July 1, 2000, under the drug offender sentencing alternative, the special sex offender sentencing alternative, or the parenting sentencing alternative, encouraging new crimes to be addressed by local law enforcement, prohibiting offenders' possession of explosives, limiting a misdemeanant's term of probation under the department of corrections to twelve months, and implementing evidence-based practices; amending RCW 9.94A.631, 9.94A.704, 9.94A.706, 9.94A.714, 9.94A.716, 9.94A.737, 9.94A.740, 9.95.210, and 9.95.210; reenacting and amending RCW 9.94A.633; creating new sections; providing effective dates; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.94A.631 and 2009 c 390 s 1 are each amended to read
as follows:
(1) 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 or ((a department of corrections hearing officer)) by the
department. If there is reasonable cause to believe that an offender
has violated a condition or requirement of the sentence, a community
corrections officer may require an offender to submit to a search and
seizure of the offender's person, residence, automobile, or other
personal property.
(2) For the safety and security of department staff, an offender
may be required to submit to pat searches, or other limited security
searches, by community corrections officers, correctional officers, and
other agency approved staff, without reasonable cause, when in or on
department premises, grounds, or facilities, or while preparing to
enter department premises, grounds, facilities, or vehicles. Pat
searches of offenders shall be conducted only by staff who are the same
gender as the offender, except in emergency situations.
(3) 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 ((or
department of corrections hearing officer)), local law enforcement, or
local prosecution for consideration of new charges. The community
corrections officer's report shall serve as the notice that the
department will hold the offender for not more than three days from the
time of such notice for the new crime. This does not affect the
department's authority under RCW 9.94A.737.
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 or authorized
department staff, pursuant to a written order.
Sec. 2 RCW 9.94A.633 and 2010 c 258 s 1 and 2010 c 224 s 12 are
each reenacted and amended to read as follows:
(1)(a) An offender who violates any condition or requirement of a
sentence may be sanctioned by the court with up to sixty days'
confinement for each violation or by the department with up to thirty
days' confinement as provided in RCW 9.94A.737.
(b) In lieu of confinement, an offender may be sanctioned with 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 community-based sanctions
((available in the community)).
(2) If an offender was under community custody pursuant to one of
the following statutes, the offender may be sanctioned as follows:
(a) If the offender was transferred to community custody in lieu of
earned early release in accordance with RCW 9.94A.728, the offender may
be transferred 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.
(b) If the offender was sentenced under the drug offender
sentencing alternative set out in RCW 9.94A.660, the offender may be
sanctioned in accordance with that section.
(c) If the offender was sentenced under the parenting sentencing
alternative set out in RCW 9.94A.655, the offender may be sanctioned in
accordance with that section.
(d) If the offender was sentenced under the special sex offender
sentencing alternative set out in RCW 9.94A.670, the suspended sentence
may be revoked and the offender committed to serve the original
sentence of confinement.
(e) If the offender was sentenced to a work ethic camp pursuant to
RCW 9.94A.690, the offender may be reclassified to serve the unexpired
term of his or her sentence in total confinement.
(f) If a sex offender was sentenced pursuant to RCW 9.94A.507, the
offender may be transferred 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.
(3) If a probationer is being supervised by the department pursuant
to RCW 9.92.060, 9.95.204, or 9.95.210, the probationer may be
sanctioned pursuant to subsection (1) of this section. The department
shall have authority to issue a warrant for the arrest of an offender
who violates a condition of community custody, as provided in RCW
9.94A.716. Any sanctions shall be imposed by the department pursuant
to RCW 9.94A.737. ((The department shall provide a copy of the
violation hearing report to the sentencing court in a timely manner.))
Nothing in this subsection is intended to limit the power of the
sentencing court to respond to a probationer's violation of conditions.
(4) The parole or probation of an offender who is charged with a
new felony offense may be suspended and the offender placed in total
confinement pending disposition of the new criminal charges if:
(a) The offender is on parole pursuant to RCW 9.95.110(1); or
(b) The offender is being supervised pursuant to RCW 9.94A.745 and
is on parole or probation pursuant to the laws of another state.
Sec. 3 RCW 9.94A.704 and 2009 c 375 s 6 are each amended to read
as follows:
(1) Every person who is sentenced to a period of community custody
shall report to and be placed under the supervision of the department,
subject to RCW 9.94A.501.
(2)(a) The department shall assess the offender's risk of reoffense
and may establish and modify additional conditions of community custody
based upon the risk to community safety.
(b) Within the funds available for community custody, the
department shall determine conditions 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 (2)(b).
(3) If the offender is supervised by the department, the department
shall at a minimum instruct the offender to:
(a) Report as directed to a community corrections officer;
(b) Remain within prescribed geographical boundaries;
(c) Notify the community corrections officer of any change in the
offender's address or employment;
(d) Pay the supervision fee assessment; and
(e) Disclose the fact of supervision to any mental health or
chemical dependency treatment provider, as required by RCW 9.94A.722.
(4) The department may require the offender to participate in
rehabilitative programs, or otherwise perform affirmative conduct, and
to obey all laws.
(5) If the offender was sentenced pursuant to a conviction for a
sex offense, the department may impose electronic monitoring. Within
the resources made available by the department for this purpose, the
department shall carry out any electronic monitoring using the most
appropriate technology given the individual circumstances of the
offender. 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.
(6) The department may not impose conditions that are contrary to
those ordered by the court and may not contravene or decrease court-imposed conditions.
(7)(a) The department shall notify the offender in writing of any
additional conditions or modifications.
(b) 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 the crime of conviction, the
offender's risk of reoffending, or the safety of the community.
(8) The department shall notify the offender in writing upon
community custody intake of the department's violation process.
(9) The department may require offenders to pay for special
services rendered including electronic monitoring, day reporting, and
telephone reporting, dependent on the offender's ability to pay. The
department may pay for these services for offenders who are not able to
pay.
(((9))) (10)(a) When a sex offender has been sentenced pursuant to
RCW 9.94A.507, the department shall assess the offender's risk of
recidivism and shall recommend to the board any additional or modified
conditions based upon the offender's risk to community safety and may
recommend affirmative conduct or electronic monitoring consistent with
subsections (4) through (6) of this section.
(b) The board may impose conditions in addition to court-ordered
conditions. The board must consider and may impose department-recommended conditions.
(c) 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:
(i) The crime of conviction;
(ii) The offender's risk of reoffending;
(iii) The safety of the community.
(d) If the department finds that an emergency exists requiring the
immediate imposition of additional conditions in order to prevent the
offender from committing a crime, the department may impose such
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.
(((10))) (11) In setting, modifying, and enforcing conditions of
community custody, the department shall be deemed to be performing a
quasi-judicial function.
Sec. 4 RCW 9.94A.706 and 2008 c 231 s 11 are each amended to read
as follows:
(1) No offender sentenced to a term of community custody under the
supervision of the department may own, use, or possess firearms ((or)),
ammunition, or explosives. ((Offenders who own, use, or are found to
be in)) An offender's actual or constructive possession of firearms
((or)), ammunition, or explosives shall be ((subject to the violation
process and)) reported to local law enforcement or local prosecution
for consideration of new charges and subject to sanctions under RCW
9.94A.633((, 9.94A.716, and)) or 9.94A.737.
(2) For the purposes of this section:
(a) "Constructive possession" ((as used in this section)) means the
power and intent to control the firearm ((or)), ammunition, or
explosives.
(b) "Explosives" has the same definition as in RCW 46.04.170.
(c) "Firearm" ((as used in this section)) has the same definition
as in RCW 9.41.010.
Sec. 5 RCW 9.94A.714 and 2008 c 231 s 16 are each amended to read
as follows:
(1) ((If an offender has not completed his or her maximum term of
total confinement and is subject to a third violation hearing pursuant
to RCW 9.94A.737 for any violation of community custody and is found to
have committed the violation, the department shall return the offender
to total confinement in a state correctional facility to serve up to
the remaining portion of his or her sentence, unless it is determined
that returning the offender to a state correctional facility would
substantially interfere with the offender's ability to maintain
necessary community supports or to participate in necessary treatment
or programming and would substantially increase the offender's
likelihood of reoffending.)) The department may work with the Washington association of
sheriffs and police chiefs to establish and operate an electronic
monitoring program for ((
(2)low-risk)) offenders who violate the terms of
their community custody.
(((3))) (2) Local governments, their subdivisions and employees,
the department and its employees, and the Washington association of
sheriffs and police chiefs and its employees are 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.
Sec. 6 RCW 9.94A.716 and 2008 c 231 s 21 are each amended to read
as follows:
(1) The secretary may issue warrants for the arrest of any offender
who violates a condition of community custody. The arrest warrants
shall authorize any law enforcement or peace officer or community
corrections officer of this state or any other state where such
offender may be located, to arrest the offender and place him or her in
total confinement pending disposition of the alleged violation pursuant
to RCW 9.94A.633.
(2) A community corrections officer, if he or she has reasonable
cause to believe an offender has violated a condition of community
custody, may suspend the person's community custody status and arrest
or cause the arrest and detention in total confinement of the offender,
pending the determination of the secretary as to whether the violation
has occurred. The community corrections officer shall report to the
secretary all facts and circumstances and the reasons for the action of
suspending community custody status.
(3) If an offender has been arrested by the department for a new
felony offense while under community custody, the ((department shall
hold the offender in total confinement until a hearing before the
department as provided in this section or until the offender has been
formally charged for the new felony offense, whichever is earlier))
facts and circumstances of the conduct of the offender shall be
reported by the community corrections officer to local law enforcement
or local prosecution for consideration of new charges. The community
corrections officer's report shall serve as notice that the department
will hold the offender in total confinement for not more than three
days from the time of arrest on the new felony offense. Nothing in
this subsection shall be construed as to permit the department to hold
an offender past his or her maximum term of total confinement if the
offender has not completed the maximum term of total confinement or to
permit the department to hold an offender past the offender's term of
community custody.
(4) A violation of a condition of community custody shall be deemed
a violation of the sentence for purposes of RCW 9.94A.631. The
authority granted to community corrections officers under this section
shall be in addition to that set forth in RCW 9.94A.631.
Sec. 7 RCW 9.94A.737 and 2008 c 231 s 20 are each amended to read
as follows:
(1) 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)) the department shall address the
violation behavior. The department may hold 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)) notify the offender in writing of the violation
process.
(2) ((The hearing procedures required under subsection (1) of this
section shall be developed by rule and include the following:)) (a) The
offender's violation behavior shall determine the sanction the
department imposes. The department shall adopt rules creating a
structured violation process that includes presumptive sanctions,
aggravating and mitigating factors, and definitions for low level
violations and high level violations.
(b)(i) The department must define aggravating factors that indicate
the offender may present a current and ongoing foreseeable risk and
which therefore, elevate an offender's behavior to a high level
violation process.
(ii) The state and its officers, agents, and employees may not be
held criminally or civilly liable for a decision to elevate or not to
elevate an offender's behavior to a high level violation process under
this subsection unless the state or its officers, agents, and employees
acted with reckless disregard.
(3) The department may intervene when an offender commits a low
level violation as follows:
(a) For a first low level violation, the department may sanction
the offender to one or more nonconfinement sanctions.
(b) For a second or subsequent low level violation, the department
may sanction the offender to not more than three days in total
confinement.
(i) The department shall develop rules to ensure that each offender
subject to a short term confinement sanction is provided the
opportunity for a supervisory review prior to imposition of total
confinement, at which time the offender may respond to the alleged
violation.
(ii) The department shall adopt a rule defining supervisory review.
(iii) The offender may appeal the short term confinement sanction
to a panel of three reviewing officers designated by the secretary or
by the secretary's designee. The offender's appeal must be in writing
and hand-delivered to department staff, or postmarked, within seven
days after the sanction is imposed.
(4) If an offender is accused of committing a high level violation,
the department may sanction the offender to not more than thirty days
in total confinement per hearing.
(a) The offender is entitled to a hearing prior to the imposition
of sanctions; and
(b) The offender may be held in total confinement pending a
sanction hearing. Prehearing time served must be credited to the
offender's sanction time.
(5) The department shall adopt rules creating hearing procedures
for high level violations. The hearings are offender disciplinary
proceedings and are not subject to chapter 34.05 RCW. The procedures
shall include the following:
(a) ((Hearing officers shall report through a chain of command
separate from that of community corrections officers;)) The department shall provide the offender with written notice
of the alleged violation((
(b),)) and the evidence ((relied upon, and the
reasons the particular sanction was imposed)) supporting it. The
notice ((shall)) must 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)) (b) Unless ((waived by)) the
offender waives the right to a hearing, the department shall hold a
hearing, and shall ((be)) record it electronically ((recorded)). For
offenders not in total confinement, the department shall hold a hearing
((shall be held)) within fifteen ((working)) business days, but not
less than twenty-four hours, after written notice of the alleged
violation. For offenders in total confinement, the department shall
hold a hearing ((shall be held)) within five ((working)) business days,
but not less than twenty-four hours, after written notice of the
alleged violation;
(((d))) (c) 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 (vi) receive
a written summary of the reasons for the hearing officer's decision;
and
(((e))) (d) 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)) The offender may
appeal the sanction to a panel of three reviewing officers designated
by the secretary or by the secretary's designee. The offender's appeal
must be in writing and hand-delivered to department staff, or
postmarked, within seven days after the sanction was imposed. The
((sanction shall be reversed or modified)) appeals panel shall affirm,
reverse, modify, vacate, or remand based on its findings. 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, then the panel will reverse, vacate,
remand, or modify the sanction.
(((3))) (6) For purposes of this section, ((no finding of a
violation of conditions may be based on unconfirmed or unconfirmable
allegations)) the hearings officer may not rely on unconfirmed or
unconfirmable allegations to find that the offender violated a
condition.
(7) Hearing officers shall report through a chain of command
separate from that of community corrections officers.
Sec. 8 RCW 9.94A.740 and 2008 c 231 s 22 are each amended to read
as follows:
(1) When an offender is arrested pursuant to RCW 9.94A.631 or
9.94A.716, the department shall compensate the local jurisdiction at
the office of financial management's adjudicated rate, in accordance
with RCW 70.48.440, until the department releases its detainer.
(2) Inmates, as defined in RCW 72.09.015, who have been transferred
to community custody and who are detained in a local correctional
facility are the financial responsibility of the department of
corrections, except as provided in subsection (3) of this section.
(3) For confinement sanctions imposed by the department under RCW
9.94A.670, the local correctional facility shall be financially
responsible.
(4) The department, in consultation with the Washington association
of sheriffs and police chiefs and those counties in which the sheriff
does not operate a correctional facility, shall establish a methodology
for determining the department's local correctional facilities bed
utilization rate, for each county in calendar year 1998, for offenders
being held for violations of conditions of community custody.
(5) Except as provided in subsections (1) and (2) of this section,
the local correctional facility shall continue to be financially
responsible to the extent of the calendar year 1998 bed utilization
rate for confinement sanctions imposed by the department pursuant to
RCW 9.94A.737. If the department's use of bed space in local
correctional facilities of any county for such confinement sanctions
exceeds the 1998 bed utilization rate for the county, the department
shall compensate the county for the excess use at the per diem rate
equal to the lowest rate charged by the county under its contract with
a municipal government during the year in which the use occurs.
Sec. 9 RCW 9.95.210 and 2011 1st sp.s. c 40 s 7 are each amended
to read as follows:
(1) In granting probation, the superior court may suspend the
imposition or the execution of the sentence and may direct that the
suspension may continue upon such conditions and for such time as it
shall designate, not exceeding the maximum term of sentence or two
years, whichever is longer.
(2) In the order granting probation and as a condition thereof, the
superior court may in its discretion imprison the defendant in the
county jail for a period not exceeding one year and may fine the
defendant any sum not exceeding the statutory limit for the offense
committed, and court costs. As a condition of probation, the superior
court shall require the payment of the penalty assessment required by
RCW 7.68.035. The superior court may also require the defendant to
make such monetary payments, on such terms as it deems appropriate
under the circumstances, as are necessary: (a) To comply with any
order of the court for the payment of family support; (b) to make
restitution to any person or persons who may have suffered loss or
damage by reason of the commission of the crime in question or when the
offender pleads guilty to a lesser offense or fewer offenses and agrees
with the prosecutor's recommendation that the offender be required to
pay restitution to a victim of an offense or offenses which are not
prosecuted pursuant to a plea agreement; (c) to pay such fine as may be
imposed and court costs, including reimbursement of the state for costs
of extradition if return to this state by extradition was required; (d)
following consideration of the financial condition of the person
subject to possible electronic monitoring, to pay for the costs of
electronic monitoring if that monitoring was required by the court as
a condition of release from custody or as a condition of probation; (e)
to contribute to a county or interlocal drug fund; and (f) to make
restitution to a public agency for the costs of an emergency response
under RCW 38.52.430, and may require bonds for the faithful observance
of any and all conditions imposed in the probation.
(3) The superior court shall order restitution in all cases where
the victim is entitled to benefits under the crime victims'
compensation act, chapter 7.68 RCW. If the superior court does not
order restitution and the victim of the crime has been determined to be
entitled to benefits under the crime victims' compensation act, the
department of labor and industries, as administrator of the crime
victims' compensation program, may petition the superior court within
one year of imposition of the sentence for entry of a restitution
order. Upon receipt of a petition from the department of labor and
industries, the superior court shall hold a restitution hearing and
shall enter a restitution order.
(4) In granting probation, the superior court may order the
probationer to report to the secretary of corrections or such officer
as the secretary may designate and as a condition of the probation to
follow the instructions of the secretary for up to twelve months. If
the county legislative authority has elected to assume responsibility
for the supervision of superior court misdemeanant probationers within
its jurisdiction, the superior court misdemeanant probationer shall
report to a probation officer employed or contracted for by the county.
In cases where a superior court misdemeanant probationer is sentenced
in one county, but resides within another county, there must be
provisions for the probationer to report to the agency having
supervision responsibility for the probationer's county of residence.
(5) If the probationer has been ordered to make restitution and the
superior court has ordered supervision, the officer supervising the
probationer shall make a reasonable effort to ascertain whether
restitution has been made. If the superior court has ordered
supervision and restitution has not been made as ordered, the officer
shall inform the prosecutor of that violation of the terms of probation
not less than three months prior to the termination of the probation
period. The secretary of corrections will promulgate rules and
regulations for the conduct of the person during the term of probation.
For defendants found guilty in district court, like functions as the
secretary performs in regard to probation may be performed by probation
officers employed for that purpose by the county legislative authority
of the county wherein the court is located.
(6) The provisions of RCW 9.94A.501 and 9.94A.5011 apply to
sentences imposed under this section.
Sec. 10 RCW 9.95.210 and 2012 c ... (2SHB 2443) s 4 are each
amended to read as follows:
(1)(a) Except as provided in (b) of this subsection in granting
probation, the superior court may suspend the imposition or the
execution of the sentence and may direct that the suspension may
continue upon such conditions and for such time as it shall designate,
not exceeding the maximum term of sentence or two years, whichever is
longer.
(b) For a defendant sentenced under RCW 46.61.5055, the superior
court may suspend the imposition or the execution of the sentence and
may direct that the suspension continue upon such conditions and for
such time as the court shall designate, not to exceed five years. The
court shall have continuing jurisdiction and authority to suspend the
execution of all or any part of the sentence upon stated terms,
including installment payment of fines. A defendant who has been
sentenced, and who then fails to appear for any hearing to address the
defendant's compliance with the terms of probation when ordered to do
so by the court shall have the term of probation tolled until such time
as the defendant makes his or her presence known to the court on the
record. Any time before entering an order terminating probation, the
court may modify or revoke its order suspending the imposition or
execution of the sentence if the defendant violates or fails to carry
out any of the conditions of the suspended sentence.
(2) In the order granting probation and as a condition thereof, the
superior court may in its discretion imprison the defendant in the
county jail for a period not exceeding one year and may fine the
defendant any sum not exceeding the statutory limit for the offense
committed, and court costs. As a condition of probation, the superior
court shall require the payment of the penalty assessment required by
RCW 7.68.035. The superior court may also require the defendant to
make such monetary payments, on such terms as it deems appropriate
under the circumstances, as are necessary: (a) To comply with any
order of the court for the payment of family support; (b) to make
restitution to any person or persons who may have suffered loss or
damage by reason of the commission of the crime in question or when the
offender pleads guilty to a lesser offense or fewer offenses and agrees
with the prosecutor's recommendation that the offender be required to
pay restitution to a victim of an offense or offenses which are not
prosecuted pursuant to a plea agreement; (c) to pay such fine as may be
imposed and court costs, including reimbursement of the state for costs
of extradition if return to this state by extradition was required; (d)
following consideration of the financial condition of the person
subject to possible electronic monitoring, to pay for the costs of
electronic monitoring if that monitoring was required by the court as
a condition of release from custody or as a condition of probation; (e)
to contribute to a county or interlocal drug fund; and (f) to make
restitution to a public agency for the costs of an emergency response
under RCW 38.52.430, and may require bonds for the faithful observance
of any and all conditions imposed in the probation.
(3) The superior court shall order restitution in all cases where
the victim is entitled to benefits under the crime victims'
compensation act, chapter 7.68 RCW. If the superior court does not
order restitution and the victim of the crime has been determined to be
entitled to benefits under the crime victims' compensation act, the
department of labor and industries, as administrator of the crime
victims' compensation program, may petition the superior court within
one year of imposition of the sentence for entry of a restitution
order. Upon receipt of a petition from the department of labor and
industries, the superior court shall hold a restitution hearing and
shall enter a restitution order.
(4) In granting probation, the superior court may order the
probationer to report to the secretary of corrections or such officer
as the secretary may designate and as a condition of the probation to
follow the instructions of the secretary for up to twelve months. If
the county legislative authority has elected to assume responsibility
for the supervision of superior court misdemeanant probationers within
its jurisdiction, the superior court misdemeanant probationer shall
report to a probation officer employed or contracted for by the county.
In cases where a superior court misdemeanant probationer is sentenced
in one county, but resides within another county, there must be
provisions for the probationer to report to the agency having
supervision responsibility for the probationer's county of residence.
(5) If the probationer has been ordered to make restitution and the
superior court has ordered supervision, the officer supervising the
probationer shall make a reasonable effort to ascertain whether
restitution has been made. If the superior court has ordered
supervision and restitution has not been made as ordered, the officer
shall inform the prosecutor of that violation of the terms of probation
not less than three months prior to the termination of the probation
period. The secretary of corrections will promulgate rules and
regulations for the conduct of the person during the term of probation.
For defendants found guilty in district court, like functions as the
secretary performs in regard to probation may be performed by probation
officers employed for that purpose by the county legislative authority
of the county wherein the court is located.
(6) The provisions of RCW 9.94A.501 and 9.94A.5011 apply to
sentences imposed under this section.
NEW SECTION. Sec. 11 (1)(a) The legislature finds that
traditional mechanisms of surveillance-based supervision and
sanctioning are ineffective in reducing recidivism or improving public
safety. The legislature is persuaded by recent research showing that
swift and certain sanctions, in combination with treatment-based
interventions that address chemical dependency and criminogenic
behaviors, are a more effective and efficient use of public resources
to affect future crime.
(b) Notwithstanding, this is a new approach for Washington. It is
imperative to the success of the state's system of offender supervision
that the department of corrections be vigilant in:
(i) Monitoring the quality and consistency of applying swift and
certain sanctions across the state;
(ii) Ensuring that sanctions are commensurate with identified
behaviors and, to the extent possible, produce satisfactory results;
(iii) Applying evidence-based treatment and evaluation principles
to address offenders' criminogenic and chemical dependency needs and
therefore pairing the offender with the appropriate treatment; and
(iv) Maintaining good relations and open communication with law
enforcement to assist in identifying offenders that pose the greatest
risk to public safety.
(2) In implementing the provisions of this act, the department of
corrections is directed to:
(a) Form stakeholder groups, that may include but are not limited
to local community corrections officers, law enforcement, prosecuting
attorneys, superior court judges, chemical dependency treatment and
other community providers, and victim advocates;
(b) Within available resources, provide inpatient or outpatient
chemical dependency treatment to offenders initially assessed as in
need of treatment based on an evaluation of the offender's needs by a
certified staff or chemical dependency provider utilizing evidence-based tools for evaluation;
(c) Perform outreach to the criminal justice training commission
and local law enforcement agencies to ensure law enforcement is
informed of changes in procedures for holding offenders pending the
filing of charges for a new crime and establish ongoing channels of
communication with local law enforcement for conveying information
about individual offenders who have committed new crimes;
(d) Survey community corrections officers on a periodic basis to
gather input and suggestions.
(3) The department shall report to the governor, appropriate
committees of the legislature, and the stakeholder groups as identified
in subsection (2)(a) of this section on its progress and activities in
implementing this act, steps taken to improve the efficacy of chemical
dependency treatment, evidence of outcomes achieved as reported by
providers through submission of performance measure data, and including
any recommended changes in legislation, no later than December 1, 2012,
and December 1, 2013.
(4) This section expires December 31, 2013.
NEW SECTION. Sec. 12 This act applies retroactively and
prospectively regardless of the date of an offender's underlying
offense.
NEW SECTION. Sec. 13 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 14 Section 2 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.
NEW SECTION. Sec. 15 Sections 1, 3 through 9, and 11 through 14
of this act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its
existing public institutions, and take effect June 1, 2012.
NEW SECTION. Sec. 16 Section 9 of this act expires August 1,
2012.
NEW SECTION. Sec. 17 Section 10 of this act takes effect August
1, 2012.