9.94A.500  <<  TOC  >> 9.94A.5011

Chapters 9.94A and 9.94B RCW
Sentencing Reform Act of 1981
Applicable to Crimes Committed From August 1, 2012 - June 30, 2013

080112_063013

9.94A.501
Risk assessment — Risk categories — Department must supervise specified offenders.

(1) The department shall supervise the following offenders who are sentenced to probation in superior court:


     (a) 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 RCW 9A.44.132(2) (failure to register); and

(b) Offenders who have:

(i) A current conviction for a repetitive domestic violence offense where domestic violence has been plead and proven after August 1, 2011; and

(ii) A prior conviction for a repetitive domestic violence offense or domestic violence felony offense where domestic violence has been plead and proven after August 1, 2011.

(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 pursuant to RCW 9.94A.701 or 9.94A.702 whose risk assessment 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 and was sentenced to a term of community custody pursuant to RCW 9.94A.701, 9.94A.702 or 9.94A.507;

     (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 RCW 9A.44.132(2) (failure to register) and was sentenced to a term of community custody pursuant to RCW 9.94A.701.

(e) Has a current conviction for a repetitive domestic violence offense where domestic violence has been plead and proven after August 1, 2011; and a prior conviction for a repetitive domestic violence offense or domestic violence felony offense where domestic violence has been plead and proven after August 1, 2011.

     (f) Was sentenced under RCW 9.94A.650, 9.94A.660, 9.94A.665, or 9.94A.670; or

     (g) 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 this section or [2011 e1 c 40 § 3].

(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.

[2011 e1 c 40 § 2; 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.]

Notes:

     Effective date – 2011 e1 c 40 § 2: “Sections 1 through 9 and 42 of 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 [June 15, 2011].” [2011 e1 c 40 § 44]

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.

9.94A.500  <<  TOC  >> 9.94A.5011
 

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