(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.

[2009 c 376 § 2; (2009 c 376 § 1 expired August 1, 2009); 2009 c 375 § 2; (2009 c 375 § 1 expired August 1, 2009); 2008 c 231 § 24; 2005 c 362 § 1; 2003 c 379 § 3.]

NOTES:

     Expiration date -- 2009 c 376 § 1: "Section 1 of this act expires August 1, 2009." [2009 c 376 § 4.]

     Expiration date -- 2009 c 375 §§ 1, 3, and 13: "Sections 1, 3, and 13 of this act expire August 1, 2009." [2009 c 375 § 19.]

     Application -- 2009 c 375: "This act applies retroactively and prospectively regardless of whether the offender is currently on community custody or probation with the department, currently incarcerated with a term of community custody or probation with the department, or sentenced after July 26, 2009." [2009 c 375 § 20.]

     Intent -- Application -- Application of repealers -- Effective date -- 2008 c 231: See notes following RCW 9.94A.701.

     Severability -- 2008 c 231: See note following RCW 9.94A.500.

     Effective date -- 2005 c 362: "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 [May 10, 2005]." [2005 c 362 § 5.]

     Severability -- Effective dates -- 2003 c 379: See notes following RCW 9.94A.728.

Conditions of probation: RCW 9.95.210.

Misdemeanant probation services -- County supervision: RCW 9.95.204.

Suspending sentences: RCW 9.92.060.