Chapter 9.94A RCW
(1) If an offender violates any condition or requirement of a sentence, 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 requirements or conditions 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. If the court finds that the violation has occurred, it may order the offender to be confined for a period not to exceed sixty days for each violation, and may (i) convert a term of partial confinement to total confinement, (ii) convert community service obligation to total or partial confinement, or (iii) convert monetary obligations, except restitution and the crime victim penalty assessment, to community service hours at the rate of the state minimum wage as established in RCW 49.46.020 for each hour of community service. Any time served in confinement awaiting a hearing on noncompliance shall be credited against any confinement order by the court; and
(c) 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 service obligations.
(3) Nothing in this section prohibits the filing of escape charges if appropriate.
[1989 c 252 § 7; prior: 1988 c 155 § 2; 1988 c 153 § 11; 1984 c 209 § 12; 1981 c 137 § 20. Recodified in 2001 as RCW 9.94A.634.]
Purpose -- Prospective application -- Effective dates -- Severability -- 1989 c 252: See notes following RCW 9.94A.030.
Effective date -- Application of increased sanctions -- 1988 c 153: See notes following RCW 9.94A.030.
Effective dates -- 1984 c 209: See note following RCW 9.92.150.
Effective date -- 1981 c 137: See RCW 9.94A.905.
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