RCW 9.94A.737
Community custody -- Violations. (Effective
until August 1, 2009.)
(1) If an offender violates any condition
or requirement of community custody, the department may transfer
the offender 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 and subject to the
limitations of subsection (3) of this section.
(2) If an offender has not completed his or her maximum term
of total confinement and is subject to a third violation hearing
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.
(3)(a) For a sex offender sentenced to a term of community
custody under RCW 9.94A.670 who violates any condition of
community custody, the department may impose a sanction of up to
sixty days' confinement in a local correctional facility for each
violation. If the department imposes a sanction, the department
shall submit within seventy-two hours a report to the court and
the prosecuting attorney outlining the violation or violations
and the sanctions imposed.
(b) For a sex offender sentenced to a term of community
custody under RCW 9.94A.710 who violates any condition of
community custody after having completed his or her maximum term
of total confinement, including time served on community custody
in lieu of earned release, the department may impose a sanction
of up to sixty days in a local correctional facility for each
violation.
(c) For an offender sentenced to a term of community custody
under RCW 9.94A.505(2)(b), 9.94A.650, or 9.94A.715, or under RCW 9.94A.545, for a crime committed on or after July 1, 2000, who
violates any condition of community custody after having
completed his or her maximum term of total confinement, including
time served on community custody in lieu of earned release, the
department may impose a sanction of up to sixty days in total
confinement for each violation. The department may impose
sanctions such as 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 sanctions available in the community.
(d) For an offender sentenced to a term of community
placement under RCW 9.94A.705 who violates any condition of
community placement after having completed his or her maximum
term of total confinement, including time served on community
custody in lieu of earned release, the department may impose a
sanction of up to sixty days in total confinement for each
violation. The department may impose sanctions such as 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 sanctions available
in the community.
(4) If an offender has been arrested for a new felony
offense while under community supervision, community custody, or
community placement, 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.
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 supervision,
community custody, or community placement.
(5) The department shall be financially responsible for any
portion of the sanctions authorized by this section that are
served in a local correctional facility as the result of action
by the department.
(6) 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 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.
(7) The hearing procedures required under subsection (6) of
this section shall be developed by rule and include the
following:
(a) Hearing officers shall report through a chain of command
separate from that of community corrections officers;
(b) The department shall provide the offender with written
notice of the violation, the evidence relied upon, and the
reasons the particular sanction was imposed. The notice shall
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 unless waived by the offender,
and shall be electronically recorded. For offenders not in total
confinement, the hearing shall be held within fifteen working
days, but not less than twenty-four hours, after notice of the
violation. For offenders in total confinement, the hearing shall
be held within five working days, but not less than twenty-four
hours, after notice of the violation;
(d) 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
(e) 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 to a panel of
three reviewing officers designated by the secretary or by the
secretary's designee. The sanction shall be reversed or modified
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.
(8) For purposes of this section, no finding of a violation
of conditions may be based on unconfirmed or unconfirmable
allegations.
(9) The department shall work with the Washington
association of sheriffs and police chiefs to establish and
operate an electronic monitoring program for low-risk offenders
who violate the terms of their community custody. Between
January 1, 2006, and December 31, 2006, the department shall
endeavor to place at least one hundred low-risk community custody
violators on the electronic monitoring program per day if there
are at least that many low-risk offenders who qualify for the
electronic monitoring program.
(10) Local governments, their subdivisions and employees,
the department and its employees, and the Washington association
of sheriffs and police chiefs and its employees shall be 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.
[2007 c 483 § 305; 2005 c 435 § 3; 2002 c 175 § 15; 1999 c 196 § 8; 1996 c 275 § 3; 1988 c 153 § 4. Formerly RCW 9.94A.205.]
NOTES:
Findings -- Part headings not law -- Severability -- 2007 c 483: See RCW 72.78.005, 72.78.900, and 72.78.901.
Finding -- Intent -- 2005 c 435: "The legislature believes that
electronic monitoring, as an alternative to incarceration, is a
proper and cost-effective method of punishment and supervision
for many criminal offenders. The legislature further finds that
advancements in electronic monitoring technology have made the
technology more common and acceptable to criminal justice system
personnel, policymakers, and the general public.
In an effort to reduce prison and jail populations, many
states are increasing their utilization of electronic monitoring.
However, Washington state's use of electronic monitoring has been
relatively stagnate.
The intent of this act is to determine what electronic
monitoring policies and programs have been implemented in the
other forty-nine states, in order that Washington state can learn
from the other states' experiences." [2005 c 435 § 1.]
Effective date -- 2002 c 175: See note following RCW 7.80.130.
Construction -- Short title -- 1999 c 196: See RCW 72.09.904 and 72.09.905.
Severability -- 1999 c 196: See note following RCW 9.94A.010.
Finding -- 1996 c 275: See note following RCW 9.94A.505.
Application -- 1996 c 275 §§ 1-5: See note following RCW 9.94A.505.
Effective date -- Application of increased sanctions -- 1988 c 153: See notes following RCW 9.94A.030.
RCW 9.94A.737
Community
custody -- Violations -- Hearing -- Sanctions. (Effective August 1,
2009.)
(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 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.
(2) The hearing procedures required under subsection (1) of
this section shall be developed by rule and include the
following:
(a) Hearing officers shall report through a chain of command
separate from that of community corrections officers;
(b) The department shall provide the offender with written
notice of the violation, the evidence relied upon, and the
reasons the particular sanction was imposed. The notice shall
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 unless waived by the offender,
and shall be electronically recorded. For offenders not in total
confinement, the hearing shall be held within fifteen working
days, but not less than twenty-four hours, after notice of the
violation. For offenders in total confinement, the hearing shall
be held within five working days, but not less than twenty-four
hours, after notice of the violation;
(d) 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
(e) 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 to a panel of
three reviewing officers designated by the secretary or by the
secretary's designee. The sanction shall be reversed or modified
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.
(3) For purposes of this section, no finding of a violation
of conditions may be based on unconfirmed or unconfirmable
allegations.
[2008 c 231 § 20; 2007 c 483 § 305; 2005 c 435 § 3; 2002 c 175 § 15; 1999 c 196 § 8; 1996 c 275 § 3; 1988 c 153 § 4. Formerly RCW 9.94A.205.]
NOTES:
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.
Findings -- Part headings not law -- Severability -- 2007 c 483: See RCW 72.78.005, 72.78.900, and 72.78.901.
Finding -- Intent -- 2005 c 435: "The legislature believes that
electronic monitoring, as an alternative to incarceration, is a
proper and cost-effective method of punishment and supervision
for many criminal offenders. The legislature further finds that
advancements in electronic monitoring technology have made the
technology more common and acceptable to criminal justice system
personnel, policymakers, and the general public.
In an effort to reduce prison and jail populations, many
states are increasing their utilization of electronic monitoring.
However, Washington state's use of electronic monitoring has been
relatively stagnate.
The intent of this act is to determine what electronic
monitoring policies and programs have been implemented in the
other forty-nine states, in order that Washington state can learn
from the other states' experiences." [2005 c 435 § 1.]
Effective date -- 2002 c 175: See note following RCW 7.80.130.
Construction -- Short title -- 1999 c 196: See RCW 72.09.904 and 72.09.905.
Severability -- 1999 c 196: See note following RCW 9.94A.010.
Finding -- 1996 c 275: See note following RCW 9.94A.505.
Application -- 1996 c 275 §§ 1-5: See note following RCW 9.94A.505.
Effective date -- Application of increased sanctions -- 1988 c 153: See notes following RCW 9.94A.030.