Chapters 9.94A and 9.94B RCW
Sentencing Reform Act of 1981
Applicable to Crimes Committed From April 29, 2011 - June 14, 2011
Risk assessment — Risk categories — Department must supervise specified offenders.
(1) The department shall supervise every offender convicted of a misdemeanor or gross misdemeanor offense who is sentenced to probation in superior court, pursuant to RCW 9.92.060, 9.95./204, or 9.95.210, for an offense contained in (a) and (b) of this subsection. The superior court shall order probation for:
(a) Offenders convicted of fourth degree assault, violation of a domestic violence court order pursuant to RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145, and who also have a prior conviction for one or more of the following:
(i) A violent offense;
(ii) A sex offense;
(iii) A crime against persons as defined in RCW 9.94A.411;
(iv) Fourth degree assault; or
(v) Violation of a domestic violence court order; and
(b) Offenders convicted of:
(i) Sexual misconduct with a minor second degree;
(ii) Custodial sexual misconduct second degree;
(iii) Communication with a minor for immoral purposes; and
(iv) Violation of [2010 c 267§ 3(2)] (failure to register).
(2) Misdemeanor and gross misdemeanor offenders supervised by the department pursuant to this section shall be placed on community custody.
(3) The department shall supervise every felony offender sentenced to community custody whose risk assessment, conducted pursuant to subsection (6) of this section, places the offender in one of two highest risk categories
(4) Notwithstanding any other provision of this section, the department shall supervise an offender sentenced to community custody regardess of risk classification if the offender:
(a) Has a current conviction for a sex offense or a serious violent felony offense as defined in RCW 9.94A.030;
(b) Has been identified by the department as a dangerous mentally ill offender pursuant to RCW 72.09.370;
(c) Has an indeterminate sentence and is subject to parole pursuant to RCW 9.95.017;
(d) Has a current conviction for violating of [2010 c 267§ 3(1)] (failure to register).
(e) Was sentenced under RCW 9.94A.650, 9.94A.660, 9.94A.665, or 9.94A.670; or
(f) Is subject to supervision pursuant to RCW 9.94A.745.
(5) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody, community placement, or community supervision or any probationer unless the offender or probationer is one for whom supervision is required under subsection (1), (2), (3), or (4) of this section.
(6) The department shall conduct a risk assessment for every felony offender sentenced to a term of community custody, community placement, or community supervision who may be subject to supervision under this section.
[2010 c 267 § 10; 2010 c 224 § 3; 2009 c 376 § 2; 2009 c 375 § 1; 2008 c 231 § 24; 2005 c 362 § 1; 2003 c 379 § 3.]
Retroactivity – 2009 c 375: “This act applies retroactively and prospectively regardless of whether the offender is currently on community custody or probation with the department, currently incarcerated with a term of community custody or probation with the department, or sentenced after July 26, 2009.” [2009 c 375 § 20].
Effective date -- 2005 c 362: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 2005]." [2005 c 362 § 5.]
Severability -- Effective dates -- 2003 c 379: See notes following RCW 9.94A.728.
Conditions of probation: RCW 9.95.210.
Misdemeanant probation services -- County supervision: RCW 9.95.204.
Suspending sentences: RCW 9.92.060.