Revised Code of Washington - RCW Title 9 Crimes And Punishments - Section 9.95.206 Misdemeanant probation services -- Offender classification system -- Supervision standards

§ 9.95.206. Misdemeanant probation services -- Offender classification system -- Supervision standards

(1) Probation supervision of misdemeanant offenders sentenced in a superior court must be based upon an offender classification system and supervision standards.

(2) Any entity under contract with the department of corrections pursuant to RCW 9.95.204 shall establish and maintain a classification system that:

(a) Provides for a standardized assessment of offender risk;

(b) Differentiates between higher and lower risk offenders based on criminal history and current offense;

(c) Assigns cases to a level of supervision based on assessed risk;

(d) Provides, at a minimum, three levels of supervision;

(e) Provides for periodic review of an offender's classification level during the term of supervision; and

(f) Structures the discretion and decision making of supervising officers.

(3) Any entity under contract with the department of corrections pursuant to RCW 9.95.204 may establish and maintain supervision standards that:

(a) Identify the frequency and nature of offender contact within each of at least three classification levels;

(b) Provide for a minimum of one face-to-face contact each month with offenders classified at the highest level of risk;

(c) Provide for a minimum of one personal contact per quarter for lower-risk offenders;

(d) Provide for specific reporting requirements for offenders within each level of the classification system;

(e) Assign higher-risk offenders to staff trained to deal with higher-risk offenders;

(f) Verify compliance with sentence conditions imposed by the court; and

(g) Report to the court violations of sentence conditions as appropriate.

(4) Under no circumstances may an entity under contract with the department of corrections pursuant to RCW 9.95.204 establish or maintain supervision that is less stringent than that offered by the department.

(5) The minimum supervision standards established and maintained by the department of corrections shall provide for no less than one contact per quarter for misdemeanant probationers under its jurisdiction. The contact shall be a personal interaction accomplished either face-to-face or by telephone, unless the department finds that the individual circumstances of the offender do not require personal interaction to meet the objectives of the supervision. The circumstances under which the department may find that an offender does not require personal interaction are limited to the following: (a) The offender has no special conditions or crime-related prohibitions imposed by the court other than legal financial obligations; and (b) the offender poses minimal risk to public safety.

(6) The classification system and supervision standards must be established and met within the resources available as provided for by the legislature and the cost of supervision assessments collected, and may be enhanced by funds otherwise generated by the supervising entity.

[1996 c 298 § 2.]

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Last modified: April 7, 2009