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Chapter 9.94A RCW
Sentencing Reform Act of 1981
Applicable to Crimes Committed From July 1, 1998 to December 31, 1998

070198_123198


RCW 9.94A.205
Community custody -- Violations.

(1) If an inmate violates any condition or requirement of community custody, the department may transfer the inmate 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 (2) of this section.

(2)(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 early release, the department may impose a sanction of up to sixty days in a local correctional facility for each violation.

(3) If an inmate 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 inmate disciplinary proceedings and shall not be subject to chapter 34.05 RCW. The department shall develop hearing procedures.

[1996 c 275 § 3; 1988 c 153 § 4. Recodified in 2001 as RCW 9.94A.737.]

NOTES:

Finding -- 1996 c 275: See note following RCW 9.94A.120.

Application -- 1996 c 275 §§ 1-5: See note following RCW 9.94A.120.

Effective date -- Application of increased sanctions -- 1988 c 153: See notes following RCW 9.94A.030.

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