The
procedure for imposing sanctions for violations of sentence
conditions or requirements is as follows:
(1) If the offender was sentenced under the drug offender
sentencing alternative, any sanctions shall be imposed by the
department or the court pursuant to RCW 9.94A.660.
(2) If the offender was sentenced under the special sexual
[sex] offender sentencing alternative, any sanctions shall be
imposed by the department or the court pursuant to RCW 9.94A.670.
(3) If a sex offender was sentenced pursuant to RCW 9.94A.507, any sanctions shall be imposed by the board pursuant
to RCW 9.95.435.
(4) In any other case, if the offender is being supervised
by the department, any sanctions shall be imposed by the
department pursuant to RCW 9.94A.737. If a probationer is being
supervised by the department pursuant to RCW 9.92.060, 9.95.204,
or 9.95.210, upon receipt of a violation hearing report from the
department, the court retains any authority that those statutes
provide to respond to a probationer's violation of conditions.
(5) If the offender is not being supervised by the
department, any sanctions shall be imposed by the court pursuant
to RCW 9.94A.6333.
[2009 c 375 § 14; 2009 c 28 § 8; 2008 c 231 § 18.]
NOTES:
Application -- 2009 c 375: See note following RCW 9.94A.501.
Effective date -- 2009 c 28: See note following RCW 2.24.040.
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.