5268-S.E2 AMH CS H3609.1
2ESSB 5268 - H COMM AMD
By Committee on Community Safety
Strike everything after the enacting clause and insert the following:
Sec. 1. "RCW 9.94A.501 and 2025 c 371 s 2 are each amended to read as follows:
(1) The department shall supervise the following individuals who are sentenced to probation in superior court, pursuant to RCW 9.92.060, 9.95.204, or 9.95.210:
(a) Individuals 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) Violation of RCW 9A.44.132(2) (failure to register); and
(b) Individuals who have:
(i) A current conviction for a repetitive domestic violence offense after August 1, 2011; and
(ii) A prior conviction for a repetitive domestic violence offense or domestic violence felony offense after August 1, 2011.
(2) Individuals convicted of misdemeanor and gross misdemeanor offenses supervised by the department pursuant to this section shall be placed on community custody.
(3) The department shall supervise every individual convicted of a felony and sentenced to community custody pursuant to RCW 9.94A.701 or 9.94A.702 whose risk assessment classifies the individual as one who is at a high risk to reoffend.
(4) Notwithstanding any other provision of this section, the department shall supervise an individual sentenced to community custody regardless of risk classification if the individual:
(a) Has a current conviction for a sex offense or a serious violent offense and was sentenced to a term of community custody pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507;
(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) Has a current conviction for violating RCW 9A.44.132(1) (failure to register) and was sentenced to a term of community custody pursuant to RCW 9.94A.701;
(e)(i) Has a current conviction for a domestic violence felony offense after August 1, 2011, and a prior conviction for a repetitive domestic violence offense or domestic violence felony offense after August 1, 2011. This subsection (4)(e)(i) applies only to offenses committed prior to July 24, 2015;
(ii) Has a current conviction for a domestic violence felony offense. The state and its officers, agents, and employees shall not be held criminally or civilly liable for its supervision of an individual under this subsection (4)(e)(ii) unless the state and its officers, agents, and employees acted with gross negligence;
(f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, 9.94A.670, 9.94A.711, 9.94A.695, or 9.94A.661;
(g) Is subject to supervision pursuant to RCW 9.94A.745; ((or))
(h) Was convicted and sentenced under RCW 46.61.520 (vehicular homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) (felony DUI), or RCW 46.61.504(6) (felony physical control); or
(i) Has a current conviction for a violation of RCW 9.41.040 (unlawful possession of a firearm in the first or second degree) and was sentenced to a term of community custody pursuant to RCW 9.94A.701.
(5) The department shall supervise any individual released by the indeterminate sentence review board who was sentenced to community custody or subject to community custody under the terms of release.
(6) The department shall supervise any individual granted conditional commutation pursuant to RCW 9.94A.885.
(7) The department is not authorized to, and may not, supervise any individual sentenced to a term of community custody or any probationer unless the individual or probationer is one for whom supervision is required under this section.
(8) The department shall conduct a risk assessment for every individual convicted of a felony and sentenced to a term of community custody who may be subject to supervision under this section.
(9) The period of time the department is authorized to supervise an individual under this section may not exceed the duration of community custody specified under RCW 9.94B.050, 9.94A.701 (1) through (9), or 9.94A.702, except in cases where the court has imposed an exceptional term of community custody under RCW 9.94A.535 and where the governor imposes a term of community custody as a condition of conditional commutation or imposes an additional term of community custody due to a violation of conditional commutation.
(10) The period of time the department is authorized to supervise an individual under this section may be reduced by the earned award of supervision compliance credit pursuant to RCW 9.94A.717.
Sec. 2. RCW 9.94A.701 and 2024 c 306 s 10 are each amended to read as follows:
(1) If an offender is sentenced to the custody of the department for one of the following crimes, the court shall, in addition to the other terms of the sentence, sentence the offender to community custody for three years:
(a) A sex offense not sentenced under RCW 9.94A.507; or
(b) A serious violent offense.
(2) A court shall, in addition to the other terms of the sentence, sentence an offender to community custody for 18 months when the court sentences the person to the custody of the department for a violent offense that is not considered a serious violent offense.
(3) A court shall, in addition to the other terms of the sentence, sentence an offender to community custody for one year when the court sentences the person to the custody of the department for:
(a) Any crime against persons under RCW 9.94A.411(2);
(b) An offense involving the unlawful possession of a firearm under RCW 9.41.040, where the offender is a criminal street gang member or associate;
(c) A felony offense under chapter 69.50 or 69.52 RCW, committed on or after July 1, 2000; ((or))
(d) A felony violation of RCW 9A.44.132(1) (failure to register) that is the offender's first violation for a felony failure to register; or
(e) An offense involving the unlawful possession of a firearm under RCW 9.41.040.
(4) If an offender is sentenced under the drug offender sentencing alternative, the court shall impose community custody as provided in:
(a) RCW 9.94A.660 and 9.94A.662 for a prison-based drug offender sentencing alternative;
(b) RCW 9.94A.660 and 9.94A.664 for a residential-based drug offender sentencing alternative;
(c) RCW 9.94A.662 and 9.94A.661(6) for a prison-based drug offender sentencing alternative for driving under the influence; and
(d) RCW 9.94A.661 (5) and (6) for a residential-based drug offender sentencing alternative for driving under the influence.
(5) If an offender is sentenced under the special sex offender sentencing alternative, the court shall impose community custody as provided in RCW 9.94A.670.
(6) If an offender is sentenced to a work ethic camp, the court shall impose community custody as provided in RCW 9.94A.690.
(7) If an offender is sentenced under the parenting sentencing alternative, the court shall impose a term of community custody as provided in RCW 9.94A.655.
(8) If the offender is sentenced under the mental health sentencing alternative, the court shall impose a term of community custody as provided in RCW 9.94A.695.
(9) If a sex offender is sentenced as a nonpersistent offender pursuant to RCW 9.94A.507, the court shall impose community custody as provided in that section.
(10) The term of community custody specified by this section shall be reduced by the court whenever an offender's standard sentence range term of confinement in combination with the term of community custody exceeds the statutory maximum for the crime as provided in RCW 9A.20.021."
Correct the title.
EFFECT: Requires the Department of Corrections to supervise an individual sentenced to community custody for Unlawful Possession of a Firearm in the first or second degree regardless of the individual's risk classification. Makes technical changes to amend the correct underlying statutes and session law, and have the bill take effect 90 days after adjournment of the session in which the bill is passed.
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