RCW 9.94A.713
Nonpersistent offenders -- Conditions.
(Effective until August 1, 2009.)
(1) When an offender is
sentenced under *RCW 9.94A.712, the department shall assess the
offender's risk of recidivism and shall recommend to the board
any additional or modified conditions of the offender's community
custody based upon the risk to community safety. In addition,
the department shall make a recommendation with regard to, and
the board may require the offender to participate in,
rehabilitative programs, or otherwise perform affirmative
conduct, and obey all laws. The department may recommend and, if
recommended, the board may impose electronic monitoring as a
condition of community custody for the offender. Within the
resources made available by the department for this purpose, the
department shall carry out any monitoring imposed under this
section using the most appropriate technology given the
individual circumstances of the offender. As used in this
section, "electronic monitoring" means the monitoring of an
offender using an electronic offender tracking system including,
but not limited to, a system using radio frequency or active or
passive global positioning technology. The board must consider
and may impose department-recommended conditions.
(2) The department may not recommend and the board may not
impose conditions that are contrary to those ordered by the court
and may not contravene or decrease court-imposed conditions. The
board shall notify the offender in writing of any such conditions
or modifications.
(3) In setting, modifying, and enforcing conditions of
community custody, the department shall be deemed to be
performing a quasi-judicial function.
(4) If an offender violates conditions imposed by the court,
the department, or the board during community custody, the board
or the department may transfer the offender to a more restrictive
confinement status and impose other available sanctions as
provided in RCW 9.95.435.
(5) By the close of the next business day, after receiving
notice of a condition imposed by the board or the department, an
offender may request an administrative hearing under rules
adopted by the board. The condition shall remain in effect
unless the hearing examiner finds that it is not reasonably
related to any of the following:
(a) The crime of conviction;
(b) The offender's risk of reoffending; or
(c) The safety of the community.
(6) An offender released by the board under RCW 9.95.420
shall be subject to the supervision of the department until the
expiration of the maximum term of the sentence. The department
shall monitor the offender's compliance with conditions of
community custody imposed by the court, department, or board, and
promptly report any violations to the board. Any violation of
conditions of community custody established or modified by the
board shall be subject to the provisions of RCW 9.95.425 through 9.95.440.
(7) If the department finds that an emergency exists
requiring the immediate imposition of conditions of release in
addition to those set by the board under RCW 9.95.420 and
subsection (1) of this section in order to prevent the offender
from committing a crime, the department may impose additional
conditions. The department may not impose conditions that are
contrary to those set by the board or the court and may not
contravene or decrease court-imposed or board-imposed conditions.
Conditions imposed under this subsection shall take effect
immediately after notice to the offender by personal service, but
shall not remain in effect longer than seven working days unless
approved by the board under subsection (1) of this section within
seven working days.
[2006 c 130 § 1; 2001 2nd sp.s. c 12 § 304.]
NOTES:
*Reviser's note: RCW 9.94A.712 was recodified as RCW 9.94A.507 pursuant to the direction found in section 56(4), chapter 231, Laws of 2008, effective August 1, 2009.
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application -- 2001 2nd sp.s. c 12 §§ 301-363: See note following RCW 9.94A.030.