(1) If an offender violates any condition or requirement of a sentence, and the offender is not being supervised by the department, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.

     (2) If an offender fails to comply with any of the conditions or requirements of a sentence the following provisions apply:

     (a) The court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance. The court may issue a summons or a warrant of arrest for the offender's appearance;

     (b) The state has the burden of showing noncompliance by a preponderance of the evidence;

     (c) If the court finds that a violation has been proved, it may impose the sanctions specified in RCW 9.94A.633(1). Alternatively, the court may:

     (i) Convert a term of partial confinement to total confinement;

     (ii) Convert community restitution obligation to total or partial confinement; or

     (iii) Convert monetary obligations, except restitution and the crime victim penalty assessment, to community restitution hours at the rate of the state minimum wage as established in RCW 49.46.020 for each hour of community restitution;

     (d) If the court finds that the violation was not willful, the court may modify its previous order regarding payment of legal financial obligations and regarding community restitution obligations; and

     (e) If the violation involves a failure to undergo or comply with a mental health status evaluation and/or outpatient mental health treatment, the court shall seek a recommendation from the treatment provider or proposed treatment provider. Enforcement of orders concerning outpatient mental health treatment must reflect the availability of treatment and must pursue the least restrictive means of promoting participation in treatment. If the offender's failure to receive care essential for health and safety presents a risk of serious physical harm or probable harmful consequences, the civil detention and commitment procedures of chapter 71.05 RCW shall be considered in preference to incarceration in a local or state correctional facility.

     (3) Any time served in confinement awaiting a hearing on noncompliance shall be credited against any confinement ordered by the court.

     (4) Nothing in this section prohibits the filing of escape charges if appropriate.

[2008 c 231 § 19.]

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.