§ 9.94A.501. Risk assessment -- Risk categories -- Department must supervise specified offenders
(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.]
Notes:
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.
RCW 9.94A.501
(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 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 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 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.
[2008 c 231 § 24; 2005 c 362 § 1; 2003 c 379 § 3.]
Notes:
Expiration date -- 2008 c 231 § 24: "Section 24 of this act expires July 1, 2010." [2008 c 231 § 60.]
Intent -- Application -- Application of repealers -- Effective date -- 2008 c 231: See notes following RCW 9.94A.701.
Severability -- 2008 c 231: See note following RCW 9.94A.500.
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.
Sections: Previous 9.94A.441 9.94A.450 9.94A.460 9.94A.470 9.94A.475 9.94A.480 9.94A.500 9.94A.501 9.94A.505 9.94A.507 9.94A.510 9.94A.515 9.94A.517 9.94A.518 9.94A.520 Next
Last modified: April 7, 2009