(1)(a) Except as
provided in RCW 9.94A.501, all offenders sentenced to terms
involving community supervision, community restitution, community
placement, or community custody shall be under the supervision of
the department and shall follow explicitly the instructions and
conditions of the department. The department may require an
offender to perform affirmative acts it deems appropriate to
monitor compliance with the conditions of the sentence imposed.
The department may only supervise the offender's compliance with
payment of legal financial obligations during any period in which
the department is authorized to supervise the offender in the
community under RCW 9.94A.501.
(b) The instructions shall include, at a minimum, reporting
as directed to a community corrections officer, remaining within
prescribed geographical boundaries, notifying the community
corrections officer of any change in the offender's address or
employment, and paying the supervision fee assessment.
(c) For offenders sentenced to terms involving community
custody for crimes committed on or after June 6, 1996, the
department may include, in addition to the instructions in (b) of
this subsection, any appropriate conditions of supervision,
including but not limited to, prohibiting the offender from
having contact with any other specified individuals or specific
class of individuals.
(d) For offenders sentenced to terms of community custody
for crimes committed on or after July 1, 2000, the department may
impose conditions as specified in RCW 9.94A.715.
The conditions authorized under (c) of this subsection may
be imposed by the department prior to or during an offender's
community custody term. If a violation of conditions imposed by
the court or the department pursuant to RCW 9.94A.710 occurs
during community custody, it shall be deemed a violation of
community placement for the purposes of RCW 9.94A.740 and shall
authorize the department to transfer an offender to a more
restrictive confinement status as provided in RCW 9.94A.737. At
any time prior to the completion of an offender's term of
community custody, the department may recommend to the court that
any or all of the conditions imposed by the court or the
department pursuant to RCW 9.94A.710 or 9.94A.715 be continued
beyond the expiration of the offender's term of community custody
as authorized in RCW 9.94A.715 (3) or (5).
The department may require offenders to pay for special
services rendered on or after July 25, 1993, including electronic
monitoring, day reporting, and telephone reporting, dependent
upon the offender's ability to pay. The department may pay for
these services for offenders who are not able to pay.
(2) No offender sentenced to terms involving community
supervision, community restitution, community custody, or
community placement under the supervision of the department may
own, use, or possess firearms or ammunition. Offenders who own,
use, or are found to be in actual or constructive possession of
firearms or ammunition shall be subject to the violation process
and sanctions under RCW 9.94A.634, 9.94A.737, and 9.94A.740.
"Constructive possession" as used in this subsection means the
power and intent to control the firearm or ammunition. "Firearm"
as used in this subsection has the same definition as in RCW 9.41.010.
[2003 c 379 § 7; 2002 c 175 § 14; 2000 c 28 § 26.]
NOTES:
Severability -- Effective dates -- 2003 c 379: See notes following RCW 9.94A.728.
Effective date -- 2002 c 175: See note following RCW 7.80.130.
Technical correction bill -- 2000 c 28: See note following RCW 9.94A.015.