9.94B.040  <<  TOC  >> 9.94B.060

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

9.94B.050
Community placement. (Effective August 1, 2009.)

When a court sentences an offender to a term of total confinement in the custody of the department for any of the offenses specified in this section, the court shall also sentence the offender to a term of community placement as provided in this section. Except as provided in RCW 9.94A.501, the department shall supervise any sentence of community placement imposed under this section.

     (1) The court shall order a one-year term of community placement for the following:

     (a) A sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990; or

     (b) An offense committed on or after July 1, 1988, but before July 25, 1999, that is:

     (i) Assault in the second degree;

     (ii) Assault of a child in the second degree;

     (iii) A crime against persons where it is determined in accordance with RCW 9.94A.602 that the offender or an accomplice was armed with a deadly weapon at the time of commission; or

     (iv) A felony offense under chapter 69.50 or 69.52 RCW not sentenced under RCW 9.94A.660.

     (2) The court shall sentence the offender to a term of community placement of two years or up to the period of earned release awarded pursuant to RCW 9.94A.728, whichever is longer, for:

     (a) An offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, including those sex offenses also included in other offense categories;

     (b) A serious violent offense other than a sex offense committed on or after July 1, 1990, but before July 1, 2000; or

     (c) A vehicular homicide or vehicular assault committed on or after July 1, 1990, but before July 1, 2000.

     (3) The community placement ordered under this section shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release. When the court sentences an offender to the statutory maximum sentence then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible. Any period of community custody actually served shall be credited against the community placement portion of the sentence.

     (4) Unless a condition is waived by the court, the terms of any community placement imposed under this section shall include the following conditions:

     (a) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

     (b) The offender shall work at department-approved education, employment, or community restitution, or any combination thereof;

     (c) The offender shall not possess or consume controlled substances except pursuant to lawfully issued prescriptions;

     (d) The offender shall pay supervision fees as determined by the department; and

     (e) The residence location and living arrangements shall be subject to the prior approval of the department during the period of community placement.

     (5) As a part of any terms of community placement imposed under this section, the court may also order one or more of the following special conditions:

     (a) The offender shall remain within, or outside of, a specified geographical boundary;

     (b) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

     (c) The offender shall participate in crime-related treatment or counseling services;

     (d) The offender shall not consume alcohol; or

     (e) The offender shall comply with any crime-related prohibitions.

     (6) An offender convicted of a felony sex offense against a minor victim after June 6, 1996, shall comply with any terms and conditions of community placement imposed by the department relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.

     (7) Prior to or during community placement, upon recommendation of the department, the sentencing court may remove or modify any conditions of community placement so as not to be more restrictive.

[2003 c 379 § 4; 2002 c 175 § 13; 2000 c 28 § 22. Formerly RCW 9.94A.700.]

Notes:

     Severability -- Effective dates -- 2003 c 379: See notes following RCW 9.94A.728.

     Effective date -- 2002 c 175: See note following RCW 7.80.130.

     Technical correction bill -- 2000 c 28: See note following RCW 9.94A.015.

9.94B.040  <<  TOC  >> 9.94B.060
 
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