9.94A.501
Risk assessment — Risk categories — Department must supervise specified offenders. (Expires July 1, 2010.)

(1) When the department performs a risk assessment pursuant to RCW 9.94A.500, or to determine a person's conditions of supervision, the risk assessment shall classify the offender or a probationer sentenced in superior court into one of at least four risk categories.

     (2) The department shall supervise every offender sentenced to a term of community custody, community placement, or community supervision and every misdemeanor and gross misdemeanor probationer ordered by a superior court to probation under the supervision of the department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210:

     (a) Whose risk assessment places that offender or probationer in one of the two highest risk categories; or

     (b) Regardless of the offender's or probationer's risk category if:

     (i) The offender's or probationer's current conviction is for:

     (A) A sex offense;

     (B) A violent offense;

     (C) A crime against persons as defined in RCW 9.94A.411;

     (D) A felony that is domestic violence as defined in RCW 10.99.020;

     (E) A violation of RCW 9A.52.025 (residential burglary);

     (F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or

     (G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);

     (ii) The offender or probationer has a prior conviction for:

     (A) A sex offense;

     (B) A violent offense;

     (C) A crime against persons as defined in RCW 9.94A.411;

     (D) A felony that is domestic violence as defined in RCW 10.99.020;

     (E) A violation of RCW 9A.52.025 (residential burglary);

     (F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or

     (G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);

     (iii) The conditions of the offender's community custody, community placement, or community supervision or the probationer's supervision include chemical dependency treatment;

     (iv) The offender was sentenced under RCW 9.94A.650 or 9.94A.670; or

     (v) The offender is subject to supervision pursuant to RCW 9.94A.745.

     (3) 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 (2) of this section.

     (4) This section expires July 1, 2010.

[2005 c 362 § 1; 2003 c 379 § 3.]

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