title: RCW 9.94A.655

text:
(1) An offender is eligible for the parenting sentencing alternative if:
(a) The high end of the standard sentence range for the current offense is greater than one year;
(b) The offender has no prior or current conviction for: A felony sex offense; a serious violent offense; or a felony offense where the offender was armed with a firearm or deadly weapon in the commission of the offense;
(c) The offender has no current conviction for a violent offense;
(d) The offender signs any release of information waivers required to allow information regarding current or prior child welfare cases to be shared with the department and the court; and
(e) The offender is:
(i) A parent with physical custody of a minor child;
(ii) An expectant parent;
(iii) A legal guardian of a minor child; or
(iv) A biological parent, adoptive parent, custodian, or stepparent with a proven, established, ongoing, and substantial relationship with a minor child that existed at the time of the offense.
(2) Prior juvenile adjudications are not considered offenses when considering eligibility under this section, except for any sex offense, serious violent offense, or felony offense where the offender was armed with a firearm or deadly weapon in the commission of the offense.
(3) To assist the court in making its determination, the court may order the department to complete a risk assessment report, including a family impact statement, or a chemical dependency screening report as provided in RCW 9.94A.500 prior to sentencing.
(4) If the court is considering this alternative, the court shall request that the department contact the department of children, youth, and families to determine if the agency has an open child welfare case or prior substantiated referral of abuse or neglect involving the offender or if the agency is aware of any substantiated case of abuse or neglect with a tribal child welfare agency involving the offender.
(a) If the offender has an open child welfare case or child abuse or neglect investigation, the department will provide the release of information waiver and request that the department of children, youth, and families or the tribal child welfare agency provide a report to the court. The department of children, youth, and families shall, within seven business days of the request: Provide a copy of the most recent court order entered in proceedings under chapter 13.34 or 13.36 RCW pertaining to the offender, and provide a report regarding whether the offender has been cooperative with services ordered by the court in those proceedings; or, if there is no court order or there has not been court involvement, provide a report that includes, at the minimum, the following:
(i) Legal status of the child welfare case or child protective services response;
(ii) Length of time the department of children, youth, and families has had an open child welfare case or child protective services response involving the offender; and
(iii) Any special needs of the child.
(b) The department shall report to the court if the offender has been convicted of a crime against a child.
(c) If a report is required from a tribal child welfare agency, the department shall attempt to obtain information that is similar to what is required for the report provided by the department of children, youth, and families in a timely manner.
(d) If the offender does not have an open child welfare case with the department of children, youth, and families or with a tribal child welfare agency but has prior involvement, the department will obtain information from the department of children, youth, and families on the number and type of past substantiated referrals of abuse or neglect and report that information to the court. If the department of children, youth, and families has never had any substantiated referrals or an open case with the offender, the department will inform the court.
(e) The existence of a prior substantiated referral of child abuse or neglect or of an open child welfare case does not, alone, disqualify the parent from applying or participating in this alternative. The court shall consider whether the child-parent relationship can be readily maintained during parental incarceration, and whether, due to the existence of an open child welfare case, parental incarceration exacerbates the likelihood of termination of the child-parent relationship.
(5) If the sentencing court determines that the offender is eligible for a sentencing alternative under this section and that the sentencing alternative is appropriate and should be imposed, the court shall waive imposition of a sentence within the standard sentence range and impose a sentence consisting of twelve months of community custody. The court shall consider the offender's criminal history when determining if the alternative is appropriate. The court shall also give great weight to the minor child's best interest.
(6) When a court imposes a sentence of community custody under this section:
(a) The court may impose conditions as provided in RCW 9.94A.703 and may impose other affirmative conditions as the court considers appropriate.
(b) The department may impose conditions as authorized in RCW 9.94A.704 that may include, but are not limited to:
(i) Parenting classes;
(ii) Chemical dependency treatment;
(iii) Mental health treatment;
(iv) Vocational training;
(v) Change programs;
(vi) Life skills classes.
(c) The department shall report to the court if the offender commits any violations of his or her sentence conditions.
(7) The department shall provide the court with quarterly progress reports regarding the offender's progress in required programming, treatment, and other supervision conditions. When an offender has an open child welfare case, the department will seek to coordinate services with the department of children, youth, and families.
(8)(a) The court may bring any offender sentenced under this section back into court at any time during the period of community custody on its own initiative to evaluate the offender's progress in treatment, or to determine if any violations of the conditions of the sentence have occurred.
(b) At the commencement of such a hearing, the court shall advise the offender sentenced under this section of the offender's right to assistance of counsel and appoint counsel if the offender is indigent.
(c) If the offender is brought back to court, the court may modify the conditions of community custody or impose sanctions under (d) of this subsection, including extending the length of participation in the alternative program by no more than six months.
(d) The court may order the offender to serve a term of total confinement within the standard range of the offender's current offense at any time during the period of community custody, if the offender violates the conditions or requirements of the sentence or if the offender is failing to make satisfactory progress in treatment.
(e) An offender ordered to serve a term of total confinement under (d) of this subsection shall receive credit for any time previously served in confinement under this section.
(f) An offender sentenced under this section is subject to all rules relating to earned release time with respect to any period served in total confinement.
(9) The state and its agencies, officers, agents, or employees are not liable for the acts of offenders participating in the sentencing alternative under this section unless the state or its agencies, officers, agents, or employees act with willful disregard of a known risk of immediate harm.
(10) For the purposes of this section:
(a) "Expectant parent" means a pregnant or other parent awaiting the birth of his or her child, or an adoptive parent or person in the process of a final adoption.
(b) "Minor child" means a child under the age of eighteen.
[ 2020 c 137 s 2; 2018 c 58 s 45; 2010 c 224 s 2.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.

catchline: Parenting sentencing alternative.


doc_type: statute

jurisdiction: wa

title: RCW 9.94A.6551

text:
(1) For an incarcerated individual not sentenced under RCW 9.94A.655, but otherwise eligible under this section, no more than the final 18 months of the incarcerated individual's term of confinement may be served in partial confinement as home detention as part of the parenting program developed by the department.
(2) The secretary may transfer an incarcerated individual from a correctional facility to home detention in the community if it is determined that the parenting program is an appropriate placement and when all of the following conditions exist:
(a) The incarcerated individual is serving a sentence in which the high end of the range is greater than one year;
(b) The incarcerated individual has no current conviction for a felony that is classified as a sex offense or a serious violent offense;
(c) The incarcerated individual has no current conviction for a violent offense, or where the incarcerated individual has a current conviction for a violent offense, he or she has not been determined to be a high risk to reoffend;
(d) The incarcerated individual signs any release of information waivers required to allow information regarding current or prior child welfare cases to be shared with the department and the court;
(e) The incarcerated individual is:
(i) A parent with guardianship or legal custody of a minor child;
(ii) An expectant parent;
(iii) A biological parent, adoptive parent, custodian, caregiver, or stepparent with a proven, established, ongoing, and substantial relationship with a minor child that existed at the time of the offense; or
(iv) An individual expected to take over the duties of a caregiver or parent and be responsible for exercising the day-to-day care and control of a minor child, who has a proven, established, ongoing, and substantial relationship with the minor child, and who is not prohibited from contact with a minor child by any law, court order, or any other restriction; and
(f) The department determines that the incarcerated individual's participation in the parenting program is in the best interests of the child. Nothing in this section provides the department with authority to determine placement of a minor child.
(3) Except for sex offenses and serious violent offenses, prior juvenile adjudications are not considered offenses when considering eligibility for the parenting program developed by the department.
(4) When the department is considering partial confinement as part of the parenting program for an incarcerated individual, the department shall inquire of the individual and the department of children, youth, and families whether the agency has an open child welfare case or prior substantiated referral for abuse or neglect involving the incarcerated individual.
(5) If the department of children, youth, and families or a tribal jurisdiction has an open child welfare case, the department will seek input from the department of children, youth, and families or the involved tribal jurisdiction as to: (a) The status of the child welfare case; and (b) recommendations regarding placement of the incarcerated individual, services agreed to by the incarcerated individual working voluntarily with the department, or services ordered by the court within the incarcerated individual's child welfare case. The department and its officers, agents, and employees are not liable for the acts of incarcerated individuals participating in the parenting program unless the department or its officers, agents, and employees acted with willful and wanton disregard.
(6) All incarcerated individuals placed on home detention as part of the parenting program shall provide an approved residence and living arrangement prior to transfer to home detention.
(7) The department may not transfer an incarcerated individual to participate in the parenting program until the department has a clinically appropriate evaluation for substance use disorder. If the incarcerated individual is diagnosed to have a substance use disorder, the department shall assist the incarcerated individual in enrolling in substance use disorder treatment services at the level deemed clinically appropriate. Individuals transferred to participate in the parenting program, and diagnosed with a substance use disorder, must begin receiving substance use disorder treatment services as soon as practicable after transfer to avoid any delays in treatment. Substance use disorder treatment services shall include, as deemed necessary by the evaluation, access to medication-assisted treatment and counseling programs. Upon transfer to the parenting program, when clinically appropriate, individuals must be provided with access to self-administered fentanyl testing supplies and medications designed to reverse the effects of opioid overdose.
(8) While in the community on home detention as part of the parenting program, the department shall:
(a) Require the individual to be placed on electronic home monitoring;
(b) Require the individual to participate in programming and treatment that the department determines is needed after consideration of the individual's stated needs;
(c) Assign a community corrections officer who will monitor the individual's compliance with conditions of partial confinement and programming requirements; and
(d) If the individual has an open child welfare case with the department of children, youth, and families, collaborate and communicate with the identified social worker in the provision of services.
(9) The department has the authority to return any incarcerated individual serving partial confinement in the parenting program to total confinement if the individual is not complying with sentence requirements.
(10) If the individual's earned release date changes after placement in partial confinement under this section, the department may extend the duration of participation in the alternative program by no more than six months or up to the earned release date, whichever comes first.
(11) For the purposes of this section:
(a) "Expectant parent" means a pregnant or other parent awaiting the birth of his or her child, or an adoptive parent or person in the process of a final adoption.
(b) "Minor child" means a child under the age of 18.
[ 2025 c 407 s 4; 2024 c 193 s 1; 2020 c 137 s 3; 2018 c 58 s 47; 2010 c 224 s 8.]
Notes:
Retroactive application—2025 c 407: "The changes to restrictions on the community parenting alternative and partial confinement under sections 2 through 7 of this act apply prospectively and retroactively to persons currently serving a sentence in any facility or institution either operated by the state or utilized under contract." [ 2025 c 407 s 8.]
Findings—Intent—2025 c 407: "The legislature recognizes that partial confinement programs play a critical role in rehabilitation and the reduction of recidivism. The legislature finds that different partial confinement programs can meet the rehabilitative needs of different individuals. The legislature finds that aligning participation timelines for programs will allow incarcerated individuals to engage in the program best suited for their individual circumstances." [ 2025 c 407 s 1.]
Effective date—2018 c 58: See note following RCW 28A.655.080.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Partial confinement as a part of a parenting program.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 9.94A.660

text:
(1) An offender is eligible for the special drug offender sentencing alternative if:
(a) The offender is convicted of a felony that is not a violent offense and the violation does not involve a sentence enhancement under RCW 9.94A.533 (3) or (4);
(b) The offender is convicted of a felony that is not a felony driving while under the influence of intoxicating liquor or any drug under RCW 46.61.502(6) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug under RCW 46.61.504(6);
(c) The offender has no current or prior convictions for a sex offense for which the offender is currently or may be required to register pursuant to RCW 9A.44.130;
(d) The offender has no prior convictions in this state, and no prior convictions for an equivalent out-of-state or federal offense, for the following offenses during the following time frames:
(i) Robbery in the second degree that did not involve the use of a firearm and was not reduced from robbery in the first degree within seven years before conviction of the current offense; or
(ii) Any other violent offense within 10 years before conviction of the current offense;
(e) For a violation of the uniform controlled substances act under chapter 69.50 RCW or a criminal solicitation to commit such a violation under chapter 9A.28 RCW, the offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance;
(f) The offender has not been found by the United States attorney general to be subject to a deportation detainer or order and does not become subject to a deportation order during the period of the sentence; and
(g) The offender has not received a drug offender sentencing alternative under this section, or a drug offender sentencing alternative for driving under the influence under RCW 9.94A.661, more than once in the prior 10 years before the current offense.
(2) A motion for a special drug offender sentencing alternative may be made by the court, the offender, or the state.
(3) If the sentencing court determines that the offender is eligible for an alternative sentence under this section and that the alternative sentence is appropriate, the court shall waive imposition of a sentence within the standard sentence range and impose a sentence consisting of either a prison-based alternative under RCW 9.94A.662 or a residential substance use disorder treatment-based alternative under RCW 9.94A.664. The residential substance use disorder treatment-based alternative is only available if the midpoint of the standard sentence range is 26 months or less.
(4)(a) To assist the court in making its determination, the court may order the department to complete either or both a risk assessment report and a substance use disorder screening report as provided in RCW 9.94A.500.
(b) To assist the court in making its determination in domestic violence cases, the court shall order the department to complete a presentence investigation and a chemical dependency screening report as provided in RCW 9.94A.500, unless otherwise specifically waived by the court.
(5) If the court is considering imposing a sentence under the residential substance use disorder treatment-based alternative, the court may order an examination of the offender by the department. The examination must be performed by an agency licensed or certified by the department of health to provide substance use disorder services. The examination shall, at a minimum, address the following issues:
(a) Whether the offender suffers from a substance use disorder;
(b) Whether effective treatment for the offender's substance use disorder is available from a provider that has been licensed or certified by the department of health, and where applicable, whether effective domestic violence perpetrator treatment is available from a state-certified domestic violence treatment provider pursuant to RCW 43.20A.735; and
(c) Whether the offender and the community will benefit from the use of the alternative.
(6) When a court imposes a sentence of community custody under this section:
(a) The court may impose conditions as provided in RCW 9.94A.703 and may impose other affirmative conditions as the court considers appropriate. In addition, an offender may be required to pay $30 per month while on community custody to offset the cost of monitoring for alcohol or controlled substances, or in cases of domestic violence for monitoring with global positioning system technology for compliance with a no-contact order.
(b) The department may impose conditions and sanctions as authorized in RCW 9.94A.704 and 9.94A.737.
(7)(a) The court may bring any offender sentenced under this section back into court at any time on its own initiative to evaluate the offender's progress in treatment or to determine if any violations of the conditions of the sentence have occurred.
(b) If the offender is brought back to court, the court may modify the conditions of the community custody or impose sanctions under (c) of this subsection.
(c) The court may order the offender to serve a term of total confinement within the standard sentence range of the offender's current offense at any time during the period of community custody if the offender violates the conditions or requirements of the sentence or if the offender is failing to make satisfactory progress in treatment.
(d) An offender ordered to serve a term of total confinement under (c) of this subsection shall receive credit for time previously served in total or partial confinement and inpatient treatment under this section, and shall receive 50 percent credit for time previously served in community custody under this section.
(8) In serving a term of community custody imposed upon failure to complete, or administrative termination from, the special drug offender sentencing alternative program, the offender shall receive no credit for time served in community custody prior to termination of the offender's participation in the program.
(9) An offender sentenced under this section shall be subject to all rules relating to earned release time with respect to any period served in total confinement.
(10) The Washington state institute for public policy shall submit a report to the governor and the appropriate committees of the legislature by November 1, 2022, analyzing the effectiveness of the drug offender sentencing alternative in reducing recidivism among various offender populations. An additional report is due November 1, 2028, and every five years thereafter. The Washington state institute for public policy may coordinate with the department and the caseload forecast council in tracking data and preparing the report.
[ 2024 c 306 s 9; 2021 c 215 s 102; 2020 c 252 s 1. Prior: 2019 c 325 s 5002; 2019 c 263 s 502; 2016 sp.s. c 29 s 524; 2009 c 389 s 3; (2009 c 389 s 2 expired August 1, 2009); 2008 c 231 s 30; 2006 c 339 s 302; 2006 c 73 s 10; 2005 c 460 s 1; prior: 2002 c 290 s 20; 2002 c 175 s 10; 2001 c 10 s 4; 2000 c 28 s 19.]
Notes:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2020 c 252: "This act takes effect January 1, 2021." [ 2020 c 252 s 5.]
Effective date—2019 c 325: See note following RCW 71.24.011.
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 ss 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Effective date—2009 c 389 ss 1 and 3-5: See note following RCW 9.94A.505.
Effective date—2009 c 389 s 2: "Section 2 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 [May 7, 2009]." [ 2009 c 389 s 7.]
Expiration date—2009 c 389 s 2: "Section 2 of this act expires August 1, 2009." [ 2009 c 389 s 9.]
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.
Intent—Part headings not law—2006 c 339: See notes following RCW 74.34.020.
Effective date—2006 c 73: See note following RCW 46.61.502.
Application—2005 c 460: "This act applies to sentences imposed on or after October 1, 2005." [ 2005 c 460 s 2.]
Effective date—2005 c 460: "This act takes effect October 1, 2005." [ 2005 c 460 s 3.]
Effective date—2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—Effective date—2001 c 10: See notes following RCW 9.94A.505.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.

catchline: Drug offender sentencing alternative—Prison-based or residential alternative.


title: RCW 9.94A.661

text:
(1) An offender is eligible for the special drug offender sentencing alternative for driving under the influence if the offender:
(a) Does not have a prior conviction under RCW 46.61.520, 46.61.522, 46.61.502(6), or 46.61.504(6); and either
(b) Is convicted of felony driving while under the influence of intoxicating liquor, cannabis, or any drug under RCW 46.61.502(6)(a); or
(c) Is convicted of felony physical control of a vehicle while under the influence of intoxicating liquor or any drug under RCW 46.61.504(6)(a).
(2) A motion for a special drug offender sentencing alternative for driving under the influence may be made by the court, the offender, or the state if the midpoint of the standard sentence range is 26 months or less. If an offender has a higher midpoint, a motion for a special drug offender sentencing alternative for driving under the influence can only be made by joint agreement of the state and offender.
(3) If the sentencing court determines that the offender is eligible for an alternative sentence under this section and that the alternative sentence is appropriate, the court shall waive imposition of a sentence within the standard sentence range and:
(a) Impose a sentence equivalent to a prison-based alternative under RCW 9.94A.662, and subject to the same requirements and restrictions as are established in that section, if the low end of the standard sentence range is greater than 24 months; or
(b) Impose a sentence consisting of a residential treatment-based alternative consistent with this section if the low end of the standard sentence range is 24 months or less.
(4)(a) To assist the court in making its determination, the court may order the department to complete either a risk assessment report or a substance use disorder screening report as provided in RCW 9.94A.500, or both.
(b) If the court is considering imposing a sentence under the residential substance use disorder treatment-based alternative, the court may order an examination of the offender by the department. The examination shall, at a minimum, address the following issues:
(i) Whether the offender suffers from a substance use disorder;
(ii) Whether effective treatment for the offender's substance use disorder is available from a provider that has been licensed or certified by the department of health; and
(iii) Whether the offender and the community will benefit from the use of the alternative.
(5) An offender who is eligible for a residential treatment-based alternative under this section shall be sentenced as follows:
(a) If necessary, an indeterminate term of confinement of no more than 30 days in a facility operated, licensed, or utilized under contract, by the county in order to facilitate direct transfer to a residential substance use disorder treatment facility;
(b) Treatment in a residential substance use disorder treatment program licensed or certified by the department of health for a period set by the court up to six months with treatment completion and continued care delivered in accordance with rules established by the department of health. In establishing rules pursuant to this subsection, the department of health must consider criteria established by the American society of addiction medicine;
(c) Twenty-four months of partial confinement to consist of 12 months work release followed by 12 months of home detention with electronic monitoring; and
(d) Twelve months of community custody.
(6)(a) During any period of partial confinement or community custody, the court shall impose treatment and other conditions as provided in RCW 9.94A.703 or as the court considers appropriate.
(b) The department may impose conditions and sanctions as authorized in RCW 9.94A.704 and 9.94A.737.
(c) The department shall, within available resources, make substance use disorder assessment and treatment services available to the offender.
(d) An offender sentenced to community custody under subsection (3)(a) of this section as part of the prison-based alternative or under subsection (3)(b) of this section as part of the residential treatment-based alternative may be required to pay $30 per month while on community custody to offset the cost of monitoring for alcohol or controlled substances.
(7)(a) If the court imposes a sentence under subsection (3)(b) of this section, the treatment provider must send the treatment plan to the court within 30 days of the offender's arrival to the residential substance use disorder treatment program.
(b) Upon receipt of the plan, the court shall schedule a progress hearing during the period of treatment and schedule a treatment termination hearing for three months before the expiration of the term of community custody.
(c) Before the progress hearing and treatment termination hearing, the treatment provider and the department shall submit written reports to the court and parties regarding the offender's compliance with treatment and monitoring requirements and recommendations regarding termination from treatment.
(8) At a progress hearing or treatment termination hearing, the court may:
(a) Authorize the department to terminate the offender's community custody status on the expiration date determined under subsection (7) of this section;
(b) Continue the hearing to a date before the expiration date of community custody, with or without modifying the conditions of partial confinement or community custody; or
(c) Impose a term of total confinement equal to one-half the midpoint of the standard sentence range, followed by a term of community custody under RCW 9.94A.701.
(9)(a) The court may bring any offender sentenced under subsection (3)(a) or (b) of this section back into court at any time on its own initiative to evaluate the offender's progress in treatment or to determine if any violations of the conditions of the sentence have occurred.
(b) If the offender is brought back to court, the court may modify the conditions of partial confinement or community custody or order the offender to serve a term of total confinement within the standard sentence range of the offender's current offense at any time during the period of partial confinement or community custody if the offender violates the conditions or requirements of the sentence or if the offender is failing to make satisfactory progress in treatment.
(c) An offender ordered to serve a term of total confinement under (b) of this subsection shall receive credit for any time previously served in total confinement or residential treatment under this section and shall receive 50 percent credit for any time previously served in partial confinement or community custody under this section.
(10) In serving a term of community custody imposed upon failure to complete, or administrative termination from, the special drug offender sentencing alternative program for driving under the influence under this section, the offender shall receive no credit for time served in community custody prior to termination of the offender's participation in the program.
(11) An offender sentenced under this section shall be subject to all rules relating to earned release time with respect to any period served in total or partial confinement.
(12) Costs of examinations and preparing the recommended service delivery plans under a special drug offender sentencing alternative for driving under the influence may be paid, at the option of the county, from funds provided to the county from the criminal justice treatment account under RCW 71.24.580.
[ 2024 c 306 s 1.]
Notes:
Effective date—2024 c 306: "This act takes effect January 1, 2026." [ 2024 c 306 s 35.]

catchline: Drug offender sentencing alternative—Driving under the influence.


title: RCW 9.94A.662

text:
(1) The court may only order a prison-based special drug offender sentencing alternative if the high end of the standard sentence range for the current offense is greater than one year.
(2) A sentence for a prison-based special drug offender sentencing alternative shall include:
(a) A period of total confinement in a state facility for one-half the midpoint of the standard sentence range or 12 months, whichever is greater;
(b) One-half the midpoint of the standard sentence range as a term of community custody, which must include appropriate substance use disorder treatment in a program that has been approved by the department of health, and for co-occurring drug and domestic violence cases, must also include an appropriate domestic violence treatment program by a state-certified domestic violence treatment provider pursuant to RCW 43.20A.735;
(c) Crime-related prohibitions, including a condition not to use illegal controlled substances;
(d) A requirement to submit to urinalysis or other testing to monitor that status; and
(e) A term of community custody pursuant to RCW 9.94A.701 to be imposed upon the failure to complete or administrative termination from the special drug offender sentencing alternative program.
(3)(a) During incarceration in the state facility, individuals sentenced under this section shall undergo a comprehensive substance use disorder assessment and receive, within available resources, treatment services appropriate for the individual. The substance use disorder treatment services shall be provided by individuals licensed by the state of Washington.
(b) When applicable for cases involving domestic violence, domestic violence treatment must be provided by a state-certified domestic violence treatment provider pursuant to RCW 43.20A.735 during the term of community custody.
(4) If the department finds that conditions of community custody have been willfully violated, the individual may be reclassified to serve the remaining balance of the original sentence. An individual who fails to complete the program or who is administratively terminated from the program shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing court.
(5) If an individual sentenced to the prison-based alternative under this section is found by the United States attorney general to be subject to a deportation order, a hearing shall be held by the department unless waived by the individual, and, if the department finds that the individual is subject to a valid deportation order, the department may administratively terminate the individual from the program and reclassify the individual to serve the remaining balance of the original sentence.
[ 2025 c 382 s 2; 2021 c 215 s 103; 2020 c 252 s 2; 2019 c 263 s 503; 2009 c 389 s 4.]
Notes:
Findings—Intent—2025 c 382: "The legislature finds that in 2020, the governor signed Second Substitute Senate Bill No. 6211 into law, which made various changes to the drug offender sentencing alternative statutes. As part of that legislation, revisions were made to RCW 9.94A.662 to state that substance use disorder treatment services provided in prisons be licensed by the department of health.
As a result, under RCW 71.24.037, the department of health is also required to license mental health services provided in prisons.
The legislature finds that prior to the passing of Second Substitute Senate Bill No. 6211 in 2020, the department of social and health services created the department of corrections substance use disorder treatment services in collaboration with the department of corrections.
It is the intent of the legislature to require the department of health to monitor the provision of behavioral health services to individuals in correctional facilities based on standards jointly established by the department of health and the department of corrections. Monitoring shall be done in lieu of licensure by the department of health." [ 2025 c 382 s 1.]
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2020 c 252: See note following RCW 9.94A.660.
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 ss 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Effective date—2009 c 389 ss 1 and 3-5: See note following RCW 9.94A.505.

catchline: Prison-based drug offender sentencing alternative.


title: RCW 9.94A.664

text:
(1)(a) A sentence for a residential substance use disorder treatment-based alternative shall include a term of community custody equal to one-half the midpoint of the standard sentence range or two years, whichever is greater, conditioned on the offender entering and remaining in a residential substance use disorder treatment program certified by the department of health for a period set by the court up to six months with treatment completion and continued care delivered in accordance with rules established by the health care authority. In establishing rules pursuant to this subsection, the health care authority must consider criteria established by the American society of addiction medicine.
(b) The sentence may include an indeterminate term of confinement of no more than thirty days in a facility operated or utilized under contract by the county in order to facilitate direct transfer to a residential substance use disorder treatment facility.
(2)(a) During any period of community custody, the court shall impose treatment and other conditions.
(b) The department shall, within available resources, make substance use disorder assessment and treatment services available to the offender during any term of community custody, and within available resources, make domestic violence treatment services available to a domestic violence offender during the term of community custody.
(3)(a) If the court imposes a sentence under this section, the treatment provider must send the treatment plan to the court within thirty days of the offender's arrival to the residential substance use disorder treatment program and, when applicable, the domestic violence treatment program.
(b) Upon receipt of the plan, the court shall schedule a progress hearing during the period of treatment, and schedule a treatment termination hearing for three months before the expiration of the term of community custody.
(c) Before the progress hearing and treatment termination hearing, the treatment provider and the department shall submit written reports to the court and parties regarding the offender's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment.
(4) At a progress hearing or treatment termination hearing, the court may:
(a) Authorize the department to terminate the offender's community custody status on the expiration date determined under subsection (1) of this section;
(b) Continue the hearing to a date before the expiration date of community custody, with or without modifying the conditions of community custody; or
(c) Impose a term of total confinement equal to one-half the midpoint of the standard sentence range, followed by a term of community custody under RCW 9.94A.701.
(5) If the court imposes a term of total confinement, the department shall, within available resources, make substance use disorder assessment and treatment services available to the offender during the term of total confinement and subsequent term of community custody.
[ 2020 c 252 s 3. Prior: 2019 c 325 s 5003; 2019 c 263 s 504; 2009 c 389 s 5.]
Notes:
Effective date—2020 c 252: See note following RCW 9.94A.660.
Effective date—2019 c 325: See note following RCW 71.24.011.
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 ss 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Effective date—2009 c 389 ss 1 and 3-5: See note following RCW 9.94A.505.

catchline: Residential substance use disorder treatment-based alternative.


title: RCW 9.94A.670

text:
(1) Unless the context clearly requires otherwise, the definitions in this subsection apply to this section only.
(a) "Sex offender treatment provider" or "treatment provider" means a certified sex offender treatment provider or a certified affiliate sex offender treatment provider as defined in RCW 18.155.020.
(b) "Substantial bodily harm" means bodily injury that involves a temporary but substantial disfigurement, or that causes a temporary but substantial loss or impairment of the function of any body part or organ, or that causes a fracture of any body part or organ.
(c) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.
(2) An offender is eligible for the special sex offender sentencing alternative if:
(a) The offender has been convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense. If the conviction results from a guilty plea, the offender must, as part of his or her plea of guilty, voluntarily and affirmatively admit he or she committed all of the elements of the crime to which the offender is pleading guilty. This alternative is not available to offenders who plead guilty to the offense charged under North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970) and State v. Newton, 87 Wash.2d 363, 552 P.2d 682 (1976);
(b) The offender has no prior convictions for a sex offense as defined in RCW 9.94A.030 or any other felony sex offenses in this or any other state;
(c) The offender has no prior adult convictions for a violent offense that was committed within five years of the date the current offense was committed;
(d) The offense did not result in substantial bodily harm to the victim;
(e) The offender had an established relationship with, or connection to, the victim such that the sole connection with the victim was not the commission of the crime; and
(f) The offender's standard sentence range for the offense includes the possibility of confinement for less than eleven years.
(3) If the court finds the offender is eligible for this alternative, the court, on its own motion or the motion of the state or the offender, may order an examination to determine whether the offender is amenable to treatment.
(a) The report of the examination shall include at a minimum the following:
(i) The offender's version of the facts and the official version of the facts;
(ii) The offender's offense history;
(iii) An assessment of problems in addition to alleged deviant behaviors;
(iv) The offender's social and employment situation; and
(v) Other evaluation measures used.
The report shall set forth the sources of the examiner's information.
(b) The examiner shall assess and report regarding the offender's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(i) Frequency and type of contact between offender and therapist;
(ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;
(iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions and affirmative conditions, which must include, to the extent known, an identification of specific activities or behaviors that are precursors to the offender's offense cycle, including, but not limited to, activities or behaviors such as viewing or listening to pornography or use of alcohol or controlled substances.
(c) The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The examiner shall be selected by the party making the motion. The offender shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.
(4) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this alternative, consider whether the alternative is too lenient in light of the extent and circumstances of the offense, consider whether the offender has victims in addition to the victim of the offense, consider whether the offender is amenable to treatment, consider the risk the offender would present to the community, to the victim, or to persons of similar age and circumstances as the victim, and consider the victim's opinion whether the offender should receive a treatment disposition under this section. The court shall give great weight to the victim's opinion whether the offender should receive a treatment disposition under this section. If the sentence imposed is contrary to the victim's opinion, the court shall enter written findings stating its reasons for imposing the treatment disposition. The fact that the offender admits to his or her offense does not, by itself, constitute amenability to treatment. If the court determines that this alternative is appropriate, the court shall then impose a sentence or, pursuant to RCW 9.94A.507, a minimum term of sentence, within the standard sentence range. If the sentence imposed is less than eleven years of confinement, the court may suspend the execution of the sentence as provided in this section.
(5) As conditions of the suspended sentence, the court must impose the following:
(a) A term of confinement of up to twelve months or the maximum term within the standard range, whichever is less. The court may order the offender to serve a term of confinement greater than twelve months or the maximum term within the standard range based on the presence of an aggravating circumstance listed in RCW 9.94A.535(3). In no case shall the term of confinement exceed the statutory maximum sentence for the offense. The court may order the offender to serve all or part of his or her term of confinement in partial confinement. An offender sentenced to a term of confinement under this subsection is not eligible for earned release under RCW 9.92.151 or 9.94A.728.
(b) A term of community custody equal to the length of the suspended sentence, the length of the maximum term imposed pursuant to RCW 9.94A.507, or three years, whichever is greater, and require the offender to comply with any conditions imposed by the department under RCW 9.94A.703.
(c) Treatment for any period up to five years in duration. The court, in its discretion, shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court. If any party or the court objects to a proposed change, the offender shall not change providers or conditions without court approval after a hearing.
(d) Specific prohibitions and affirmative conditions relating to the known precursor activities or behaviors identified in the proposed treatment plan under subsection (3)(b)(v) of this section or identified in an annual review under subsection (8)(b) of this section.
(6) As conditions of the suspended sentence, the court may impose one or more of the following:
(a) Crime-related prohibitions;
(b) Require the offender to devote time to a specific employment or occupation;
(c) Require the offender to remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;
(d) Require the offender to report as directed to the court and a community corrections officer;
(e) Require the offender to pay all court-ordered legal financial obligations as provided in RCW 9.94A.030;
(f) Require the offender to perform community restitution work; or
(g) Require the offender to reimburse the victim for the cost of any counseling required as a result of the offender's crime.
(7) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment.
(8)(a) The sex offender treatment provider shall submit quarterly reports on the offender's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, offender's compliance with requirements, treatment activities, the offender's relative progress in treatment, and any other material specified by the court at sentencing.
(b) The court shall conduct a hearing on the offender's progress in treatment at least once a year. At least fourteen days prior to the hearing, notice of the hearing shall be given to the victim. The victim shall be given the opportunity to make statements to the court regarding the offender's supervision and treatment. At the hearing, the court may modify conditions of community custody including, but not limited to, crime-related prohibitions and affirmative conditions relating to activities and behaviors identified as part of, or relating to precursor activities and behaviors in, the offender's offense cycle or revoke the suspended sentence.
(9) At least fourteen days prior to the treatment termination hearing, notice of the hearing shall be given to the victim. The victim shall be given the opportunity to make statements to the court regarding the offender's supervision and treatment. Prior to the treatment termination hearing, the treatment provider and community corrections officer shall submit written reports to the court and parties regarding the offender's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community custody conditions. The court may order an evaluation regarding the advisability of termination from treatment by a sex offender treatment provider who may not be the same person who treated the offender under subsection (5) of this section or any person who employs, is employed by, or shares profits with the person who treated the offender under subsection (5) of this section unless the court has entered written findings that such evaluation is in the best interest of the victim and that a successful evaluation of the offender would otherwise be impractical. The offender shall pay the cost of the evaluation. At the treatment termination hearing the court may: (a) Modify conditions of community custody, and either (b) terminate treatment, or (c) extend treatment in two-year increments for up to the remaining period of community custody.
(10)(a) If a violation of conditions other than a second violation of the prohibitions or affirmative conditions relating to precursor behaviors or activities imposed under subsection (5)(d) or (8)(b) of this section occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.633(1) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in subsections (7) and (9) of this section.
(b) If a second violation of the prohibitions or affirmative conditions relating to precursor behaviors or activities imposed under subsection (5)(d) or (8)(b) of this section occurs during community custody, the department shall refer the violation to the court and recommend revocation of the suspended sentence as provided in subsection (11) of this section.
(11) The court may revoke the suspended sentence at any time during the period of community custody and order execution of the sentence if: (a) The offender violates the conditions of the suspended sentence, or (b) the court finds that the offender is failing to make satisfactory progress in treatment. All confinement time served during the period of community custody shall be credited to the offender if the suspended sentence is revoked.
(12) If the offender violates a requirement of the sentence that is not a condition of the suspended sentence pursuant to subsection (5) or (6) of this section, the department may impose sanctions pursuant to RCW 9.94A.633(1).
(13) The offender's sex offender treatment provider may not be the same person who examined the offender under subsection (3) of this section or any person who employs, is employed by, or shares profits with the person who examined the offender under subsection (3) of this section, unless the court has entered written findings that such treatment is in the best interests of the victim and that successful treatment of the offender would otherwise be impractical. Examinations and treatment ordered pursuant to this subsection shall only be conducted by certified sex offender treatment providers or certified affiliate sex offender treatment providers under chapter 18.155 RCW unless the court finds that:
(a) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; or
(b)(i) No certified sex offender treatment providers or certified affiliate sex offender treatment providers are available for treatment within a reasonable geographical distance of the offender's home; and
(ii) The evaluation and treatment plan comply with this section and the rules adopted by the department of health.
(14) If the offender is less than eighteen years of age when the charge is filed, the state shall pay for the cost of initial evaluation and treatment.
[ 2009 c 28 s 9; 2008 c 231 s 31; 2006 c 133 s 1. Prior: 2004 c 176 s 4; 2004 c 38 s 9; 2002 c 175 s 11; 2001 2nd sp.s. c 12 s 316; 2000 c 28 s 20.]
Notes:
Effective date—2009 c 28: See note following RCW 2.24.040.
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.
Severability—Effective date—2004 c 176: See notes following RCW 9.94A.515.
Effective date—2004 c 38: See note following RCW 18.155.075.
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 ss 301-363: See note following RCW 9.94A.030.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.

catchline: Special sex offender sentencing alternative.


title: RCW 9.94A.680

text:
Alternatives to total confinement are available for offenders with sentences of one year or less. These alternatives include the following sentence conditions that the court may order as substitutes for total confinement:
(1) One day of partial confinement may be substituted for one day of total confinement;
(2) In addition, for offenders convicted of nonviolent offenses only, eight hours of community restitution may be substituted for one day of total confinement, with a maximum conversion limit of two hundred forty hours or thirty days. Community restitution hours must be completed within the period of community supervision or a time period specified by the court, which shall not exceed twenty-four months, pursuant to a schedule determined by the department; and
(3) For offenders convicted of nonviolent and nonsex offenses, the court may credit time served by the offender before the sentencing in an available county supervised community option and may authorize county jails to convert jail confinement to an available county supervised community option, may authorize the time spent in the community option to be reduced by earned release credit consistent with local correctional facility standards, and may require the offender to perform affirmative conduct pursuant to RCW 9.94A.607.
For sentences of nonviolent offenders for one year or less, the court shall consider and give priority to available alternatives to total confinement and shall state its reasons in writing on the judgment and sentence form if the alternatives are not used.
[ 2009 c 227 s 1; 2002 c 175 s 12; 1999 c 197 s 6. Prior: 1988 c 157 s 4; 1988 c 155 s 3; 1984 c 209 s 21; 1983 c 115 s 9. Formerly RCW 9.94A.380.]
Notes:
Effective date—2002 c 175: See note following RCW 7.80.130.
Severability—1999 c 197: See note following RCW 9.94A.030.
Application—1988 c 157: See note following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.

catchline: Alternatives to total confinement.


title: RCW 9.94A.685

text:
(1) Subject to the limitations of this section, any noncitizen offender committed to the custody of the department under the sentencing reform act of 1981, this chapter, who has been found by the United States attorney general to be subject to a final order of deportation or exclusion, may be placed on conditional release status and released to the immigration and customs enforcement agency for deportation at any time prior to the expiration of the offender's term of confinement. Conditional release shall continue until the expiration of the statutory maximum sentence provided by law for the crime or crimes of which the offender was convicted. If the offender has multiple current convictions, the statutory maximum sentence allowed by law for each crime shall run concurrently.
(2) No offender may be released under this section unless the secretary or the secretary's designee has reached an agreement with the immigration and customs enforcement agency that the noncitizen offender placed on conditional release status will be detained in total confinement at a facility operated by the immigration and customs enforcement agency pending the offender's return to the country of origin or other location designated in the final deportation or exclusion order.
No offender may be released under this section who is serving a sentence for a violent offense or sex offense, as defined in RCW 9.94A.030.
(3) The unserved portion of the term of confinement of any offender released under this section shall be tolled at the time the offender is released to the immigration and customs enforcement agency for deportation. Upon the release of an offender to the immigration and customs enforcement agency, the department shall issue a warrant for the offender's arrest within the United States. This warrant shall remain in effect indefinitely.
(4) Upon arrest of an offender, the department may seek extradition as necessary and the offender may be returned to the department for completion of the unserved portion of the offender's term of total confinement. If returned, the offender shall also be required to fully comply with all the terms and conditions of the sentence.
(5) Noncitizen offenders released to the immigration and customs enforcement agency for deportation under this section are not thereby relieved of their obligation to pay restitution or other legal financial obligations ordered by the sentencing court.
(6) Any offender released pursuant to this section who returns illegally to the United States may not thereafter be released again pursuant to this section.
(7) The secretary is authorized to take all reasonable actions to implement this section and shall assist federal authorities in prosecuting noncitizen offenders who may illegally reenter the United States and enter the state of Washington.
(8) The provisions of this section apply to persons convicted before, on, or after April 29, 2011.
[ 2026 c 36 s 20; 2011 c 206 s 1; 1993 c 419 s 1. Formerly RCW 9.94A.280.]
Notes:
Effective date—2011 c 206: "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 [April 29, 2011]." [ 2011 c 206 s 4.]

catchline: Offenders who are not a citizen or national of the United States.


title: RCW 9.94A.690

text:
(1)(a) An offender is eligible to be sentenced to a work ethic camp if the offender:
(i) Is sentenced to a term of total confinement of not less than twelve months and one day or more than thirty-six months;
(ii) Has no current or prior convictions for any sex offenses or for violent offenses; and
(iii) Is not currently subject to a sentence for, or being prosecuted for, a violation of felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), a violation of physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)), a violation of the uniform controlled substances act, or a criminal solicitation to commit such a violation under chapter 9A.28 or 69.50 RCW.
(b) The length of the work ethic camp shall be at least one hundred twenty days and not more than one hundred eighty days.
(2) If the sentencing court determines that the offender is eligible for the work ethic camp and is likely to qualify under subsection (3) of this section, the judge shall impose a sentence within the standard sentence range and may recommend that the offender serve the sentence at a work ethic camp. In sentencing an offender to the work ethic camp, the court shall specify: (a) That upon completion of the work ethic camp the offender shall be released on community custody for any remaining time of total confinement; (b) the applicable conditions of community custody as authorized by RCW 9.94A.703; and (c) that violation of the conditions may result in a return to total confinement for the balance of the offender's remaining time of confinement.
(3) The department shall place the offender in the work ethic camp program, subject to capacity, unless: (a) The department determines that the offender has physical or mental impairments that would prevent participation and completion of the program; (b) the department determines that the offender's custody level prevents placement in the program; (c) the offender refuses to agree to the terms and conditions of the program; (d) the offender has been found by the United States attorney general to be subject to a deportation detainer or order; or (e) the offender has participated in the work ethic camp program in the past.
(4) An offender who fails to complete the work ethic camp program, who is administratively terminated from the program, or who otherwise violates any conditions of supervision, as defined by the department, shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing court and shall be subject to all rules relating to earned release time.
(5) During the last two weeks prior to release from the work ethic camp program the department shall provide the offender with comprehensive transition training.
[ 2008 c 231 s 32; 2006 c 73 s 11; 2000 c 28 s 21; 1999 c 197 s 5; 1995 1st sp.s. c 19 s 20; 1993 c 338 s 4. Formerly RCW 9.94A.137.]
Notes:
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—2006 c 73: See note following RCW 46.61.502.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
Severability—1999 c 197: See note following RCW 9.94A.030.
Findings—Purpose—Short title—Severability—Effective date—1995 1st sp.s. c 19: See notes following RCW 72.09.450.
Findings—Intent—1993 c 338: See RCW 72.09.400.
Severability—Effective date—1993 c 338: See notes following RCW 72.09.400.

catchline: Work ethic camp program—Eligibility—Sentencing.


title: RCW 9.94A.695

text:
(1) A defendant is eligible for the mental health sentencing alternative if:
(a) The defendant is convicted of a felony that is not a serious violent offense or sex offense;
(b) The defendant is diagnosed with a serious mental illness recognized by the diagnostic manual in use by mental health professionals at the time of sentencing;
(c) The defendant and the community would benefit from supervision and treatment, as determined by the judge; and
(d) The defendant is willing to participate in the sentencing alternative.
(2) A motion for a sentence under this section may be made by any party or the court, but is contingent upon the defendant's agreement to participate in the sentencing alternative. To determine whether the defendant has a serious mental illness, the court may rely on information including reports completed pursuant to chapters 71.05 and 10.77 RCW, or other mental health professional as defined in RCW 71.05.020, or other information and records related to mental health services. Information and records relating to mental health services must be handled consistently with RCW 9.94A.500(2). If insufficient information is available to determine whether a defendant has a serious mental illness, the court may order an examination of the defendant.
(3) To assist the court in its determination, the department shall provide a written report, which shall be in the form of a presentence investigation. Such report may be ordered by the court on the motion of a party prior to conviction if such a report will facilitate negotiations. The court may waive the production of this report if sufficient information is available to the court to make a determination under subsection (4) of this section. The report must contain:
(a) A proposed treatment plan for the defendant's mental illness, including at a minimum:
(i) The name and address of a treatment provider that is agreeing to provide treatment to the defendant, including an intake evaluation, a psychiatric evaluation, and development of an individualized plan of treatment which shall be submitted as soon as possible to the department and the court; and
(ii) An agreement by the treatment provider to monitor the progress of the defendant on the sentencing alternative and notify the department and the court at any time during the duration of the order if reasonable efforts to engage the defendant fail to produce substantial compliance with court-ordered treatment conditions;
(b) A proposed monitoring plan, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;
(c) Recommended crime-related prohibitions and affirmative conditions; and
(d) A release of information, signed by the defendant, allowing the parties and the department to confirm components of the treatment and monitoring plan.
(4) After consideration of all available information and determining whether the defendant is eligible, the court shall consider whether the defendant and the community will benefit from the use of this sentencing alternative. The court shall consider the victim's opinion whether the defendant should receive a sentence under this section. If the sentencing court determines that a sentence under this section is appropriate, the court shall waive imposition of the sentence within the standard range. The court shall impose a term of community custody between 12 and 24 months if the midpoint of the defendant's standard range sentence is less than or equal to 36 months, and a term of community custody between 12 months and 36 months if the midpoint of the defendant's standard range sentence is longer than 36 months. The actual length of community custody within these ranges shall be at the discretion of the court.
(5) If the court imposes an alternative sentence under this section, the department shall assign a community corrections officer to supervise the defendant. The department shall provide a community corrections officer assigned under this section with appropriate training in mental health to be determined by the department.
(6) For a defendant participating in this sentencing alternative, the court and correctional facility may delay the defendant's release from total confinement in order to facilitate adherence to the defendant's treatment plan. This may include delaying release in order to:
(a) Allow a defendant to transfer directly to an inpatient treatment facility or supportive housing provider;
(b) Ensure appropriate transportation is established and available; or
(c) Release the defendant during business hours on a weekday when services are available.
(7)(a) The court may schedule progress hearings for the defendant to evaluate the defendant's progress in treatment and compliance with conditions of supervision.
(b) Before any progress hearing, the department and the treatment provider shall each submit a written report informing the parties of the defendant's progress and compliance with treatment, unless waived by the court. At the progress hearing, the court shall hear from the parties regarding the defendant's compliance and may modify the conditions of community custody if the modification serves the interests of justice and the best interests of the defendant.
(8)(a) If the court imposes this sentencing alternative, the court shall impose conditions under RCW 9.94A.703 that are consistent with this section and may impose any additional conditions recommended by any of the written reports regarding the defendant.
(b) The court shall impose specific treatment conditions:
(i) Meet with treatment providers and follow the recommendations provided in the individualized treatment plan as initially constituted or subsequently modified by the treatment provider;
(ii) Take medications as prescribed, including monitoring of compliance with medication if needed;
(iii) Refrain from using alcohol and nonprescribed controlled substances if the defendant has a diagnosis of a substance use disorder. The court may order the department to monitor for the use of alcohol or nonprescribed controlled substances if the court prohibits use of those substances.
(9) Treatment issues arising during supervision shall be discussed collaboratively. The treatment provider, community corrections officer, and any representative of the person's medical assistance plan shall jointly determine intervention for violation of a treatment condition. The community corrections officer shall have the authority to address the violation independently if:
(a) The violation is safety related with respect to the defendant or others;
(b) The treatment violation consists of decompensation related to psychosis that presents a risk to the community or the defendant and cannot be mitigated by community intervention. The community corrections officer may intervene with available resources such as a designated crisis responder; or
(c) The violation relates to a standard condition for supervision.
(10) The community corrections officer, treatment provider, and any engaged representative of the defendant's medical assistance plan should collaborate prior to a progress update to the court. Required treatment interventions taken between court progress hearings shall be reported to the court as a part of the regular progress update to the court.
(11) The court may schedule a review hearing for a defendant under this sentencing alternative at any time to evaluate the defendant's progress with treatment or to determine if any violations have occurred.
(a) At a review hearing the court may modify the terms of the community custody or impose sanctions if the court finds that the conditions have been violated or that different or additional terms are in the best interest of the defendant.
(b) The court may order the defendant to serve a term of total or partial confinement for violating the terms of community custody or failing to make satisfactory progress in treatment.
(12) The court shall schedule a termination hearing one month prior to the end of the defendant's community custody. A termination hearing may also be scheduled if the department or the state reports that the defendant has violated the terms of community custody imposed by the court. At that hearing, the court may:
(a) Authorize the department to terminate the defendant's community custody status on the expiration date; or
(b) Continue the hearing to a date before the expiration date of community custody, with or without modifying the conditions of community custody; or
(c) Revoke the sentencing alternative and impose a standard range sentence or impose an exceptional sentence below the standard sentencing range if compelling reasons are found by the court or the parties agree to the downward departure. The defendant shall receive credit for time served while in compliance and actively supervised in the community against any term of total confinement. The court must issue written findings indicating a substantial and compelling reason to revoke this sentencing alternative.
(13) The health care authority shall reimburse for the following services provided for individuals participating in the sentencing alternative:
(a) In-custody mental health assessments;
(b) In-custody preliminary treatment plan development; and
(c) Ongoing monitoring of the defendant's adherence to the defendant's treatment plan and the requirements of the sentencing alternative, including reporting to the court and the department.
(14) For the purposes of this section:
(a) "Serious mental illness" means a mental, behavioral, or emotional disorder resulting in a serious functional impairment, which substantially interferes with or limits one or more major life activities.
(b) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.
[ 2024 c 373 s 1; 2021 c 242 s 1.]
Notes:
Applicability—2021 c 242: "This act applies to sentences imposed on or after July 25, 2021." [ 2021 c 242 s 7.]

catchline: Mental health sentencing alternative.


title: RCW 9.94A.701

text:
(1) If an offender is sentenced to the custody of the department for one of the following crimes, the court shall, in addition to the other terms of the sentence, sentence the offender to community custody for three years:
(a) A sex offense not sentenced under RCW 9.94A.507; or
(b) A serious violent offense.
(2) A court shall, in addition to the other terms of the sentence, sentence an offender to community custody for 18 months when the court sentences the person to the custody of the department for a violent offense that is not considered a serious violent offense.
(3) A court shall, in addition to the other terms of the sentence, sentence an offender to community custody for one year when the court sentences the person to the custody of the department for:
(a) Any crime against persons under RCW 9.94A.411(2);
(b) An offense involving the unlawful possession of a firearm under RCW 9.41.040, where the offender is a criminal street gang member or associate;
(c) A felony offense under chapter 69.50 or 69.52 RCW, committed on or after July 1, 2000; or
(d) A felony violation of RCW 9A.44.132(1) (failure to register) that is the offender's first violation for a felony failure to register.
(4) If an offender is sentenced under the drug offender sentencing alternative, the court shall impose community custody as provided in:
(a) RCW 9.94A.660 and 9.94A.662 for a prison-based drug offender sentencing alternative;
(b) RCW 9.94A.660 and 9.94A.664 for a residential-based drug offender sentencing alternative;
(c) RCW 9.94A.662 and 9.94A.661(6) for a prison-based drug offender sentencing alternative for driving under the influence; and
(d) RCW 9.94A.661 (5) and (6) for a residential-based drug offender sentencing alternative for driving under the influence.
(5) If an offender is sentenced under the special sex offender sentencing alternative, the court shall impose community custody as provided in RCW 9.94A.670.
(6) If an offender is sentenced to a work ethic camp, the court shall impose community custody as provided in RCW 9.94A.690.
(7) If an offender is sentenced under the parenting sentencing alternative, the court shall impose a term of community custody as provided in RCW 9.94A.655.
(8) If the offender is sentenced under the mental health sentencing alternative, the court shall impose a term of community custody as provided in RCW 9.94A.695.
(9) If a sex offender is sentenced as a nonpersistent offender pursuant to RCW 9.94A.507, the court shall impose community custody as provided in that section.
(10) The term of community custody specified by this section shall be reduced by the court whenever an offender's standard sentence range term of confinement in combination with the term of community custody exceeds the statutory maximum for the crime as provided in RCW 9A.20.021.
[ 2024 c 306 s 10; 2021 c 242 s 6. Prior: 2010 c 267 s 11; 2010 c 224 s 5; 2009 c 375 s 5; 2009 c 28 s 10; 2008 c 231 s 7.]
Notes:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Applicability—2021 c 242: See note following RCW 9.94A.695.
Application—2010 c 267: See note following RCW 9A.44.128.
Application—2009 c 375: See note following RCW 9.94A.501.
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—2008 c 231: "The existing sentencing reform act contains numerous provisions for supervision of different types of offenders. This duplication has caused great confusion for judges, lawyers, offenders, and the department of corrections, and often results in inaccurate sentences. The clarifications in this act are intended to support continued discussions by the sentencing guidelines commission with the courts and the criminal justice community to identify and propose policy changes that will further simplify and improve the sentencing reform act relating to the supervision of offenders. The sentencing guidelines commission shall submit policy change proposals to the legislature on or before December 1, 2008.
Sections 7 through 58 of this act are intended to simplify the supervision provisions of the sentencing reform act and increase the uniformity of its application. These sections are not intended to either increase or decrease the authority of sentencing courts or the department relating to supervision, except for those provisions instructing the court to apply the provisions of the current community custody law to offenders sentenced after July 1, 2009, but who committed their crime prior to August 1, 2009, to the extent that such application is constitutionally permissible.
This will effect a change for offenders who committed their crimes prior to the offender accountability act, chapter 196, Laws of 1999. These offenders will be ordered to a term of community custody rather than community placement or community supervision. To the extent constitutionally permissible, the terms of the offender's supervision will be as provided in current law. With the exception of this change, the legislature does not intend to make, and no provision of sections 7 through 58 of this act may be construed as making, a substantive change to the supervision provisions of the sentencing reform act." [ 2009 c 375 s 10; 2008 c 231 s 6.]
Application—2008 c 231 ss 6-58: "(1) Sections 6 through 58 of this act apply to all sentences imposed or reimposed on or after August 1, 2009, for any crime committed on or after August 1, 2009.
(2) Sections 6 through 58 of this act also apply to all sentences imposed or reimposed on or after August 1, 2009, for crimes committed prior to August 1, 2009, to the extent that such application is constitutionally permissible.
(3) To the extent that application of sections 6 through 58 of this act is not constitutionally permissible with respect to any offender, the sentence for such offender shall be governed by the law as it existed before August 1, 2009, or on such prior date as may be constitutionally required, notwithstanding any amendment or repeal of provisions of such law.
(4) If application of sections 6 through 58 of this act is not constitutionally permissible with respect to any offender, the judgment and sentence shall specify the particular sentencing provisions that will not apply to such offender. Whenever practical, the judgment and sentence shall use the terminology set out in this act.
(5) The sentencing guidelines commission shall prepare a summary of the circumstances under which application of sections 6 through 58 of this act is not constitutionally permissible. The summary should include recommendations of conditions that could be included in judgments and sentences in order to prevent unconstitutional application of the act. This summary shall be incorporated into the Adult Sentencing Guidelines Manual.
(6) Sections 6 through 58 of this act shall not affect the enforcement of any sentence that was imposed prior to August 1, 2009, unless the offender is resentenced after that date." [ 2008 c 231 s 55.]
Application of repealers—2008 c 231 s 57: "The repealers in section 57 of this act shall not affect the validity of any sentence that was imposed prior to August 1, 2009, or the authority of the department of corrections to supervise any offender pursuant to such sentence." [ 2008 c 231 s 58.]
Effective date—2008 c 231 ss 6-60: "Sections 6 through 60 of this act take effect August 1, 2009." [ 2008 c 231 s 61.]
Severability—2008 c 231: See note following RCW 9.94A.500.

catchline: Community custody—Offenders sentenced to the custody of the department.


title: RCW 9.94A.702

text:
(1) If an offender is sentenced to a term of confinement for one year or less for one of the following offenses, the court may impose up to one year of community custody:
(a) A sex offense;
(b) A violent offense;
(c) A crime against a person under RCW 9.94A.411;
(d) A felony violation of chapter 69.50 or 69.52 RCW, or an attempt, conspiracy, or solicitation to commit such a crime; or
(e) A felony violation of RCW 9A.44.132(1) (failure to register).
(2) If an offender is sentenced to a first-time offender waiver, the court may impose community custody as provided in RCW 9.94A.650.
[ 2010 c 267 s 12; 2008 c 231 s 8.]
Notes:
Application—2010 c 267: See note following RCW 9A.44.128.
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.

catchline: Community custody—Offenders sentenced for one year or less.


title: RCW 9.94A.703

text:
When a court sentences a person to a term of community custody, the court shall impose conditions of community custody as provided in this section.
(1) Mandatory conditions. As part of any term of community custody, the court shall:
(a) Require the offender to inform the department of court-ordered treatment upon request by the department;
(b) Require the offender to comply with any conditions imposed by the department under RCW 9.94A.704;
(c) If the offender was sentenced under RCW 9.94A.507 for an offense listed in RCW 9.94A.507(1)(a), and the victim of the offense was under 18 years of age at the time of the offense, prohibit the offender from residing in a community protection zone;
(d) If the offender was sentenced under RCW 9A.36.120, prohibit the offender from serving in any paid or volunteer capacity where he or she has control or supervision of minors under the age of 13.
(2) Waivable conditions. Unless waived by the court, as part of any term of community custody, the court shall order an offender to:
(a) Report to and be available for contact with the assigned community corrections officer as directed;
(b) Work at department-approved education, employment, or community restitution, or any combination thereof;
(c) Refrain from possessing or consuming controlled substances except pursuant to lawfully issued prescriptions; and
(d) Obtain prior approval of the department for the offender's residence location and living arrangements.
(3) Discretionary conditions. As part of any term of community custody, the court may order an offender to:
(a) Remain within, or outside of, a specified geographical boundary;
(b) Refrain from direct or indirect contact with the victim of the crime or a specified class of individuals;
(c) Participate in crime-related treatment or counseling services;
(d) Participate in rehabilitative programs or otherwise perform affirmative conduct reasonably related to the circumstances of the offense, the offender's risk of reoffending, or the safety of the community;
(e) Refrain from possessing or consuming alcohol; or
(f) Comply with any crime-related prohibitions.
(4) Special conditions.
(a) In sentencing an offender convicted of a crime of domestic violence, as defined in RCW 10.99.020, if the offender has a minor child, or if the victim of the offense for which the offender was convicted has a minor child, the court may order the offender to participate in a domestic violence perpetrator program approved under RCW 43.20A.735.
(b)(i) In sentencing an offender convicted of an alcohol or drug-related traffic offense, the court shall require the offender to complete a diagnostic evaluation by a substance use disorder treatment program approved by the department of social and health services or a qualified probation department, defined under RCW 46.61.516, that has been approved by the department of social and health services. If the offense was pursuant to chapter 46.61 RCW, the report shall be forwarded to the department of licensing. If the offender is found to have an alcohol or drug problem that requires treatment, the offender shall complete treatment in an approved substance use disorder treatment program as defined in chapter 71.24 RCW. If the offender is found not to have an alcohol or drug problem that requires treatment, the offender shall complete a course in an alcohol and drug information school licensed or certified by the department of health under *chapter 70.96A RCW. The offender shall pay all costs for any evaluation, education, or treatment required by this section, unless the offender is eligible for an existing program offered or approved by the department of social and health services.
(ii) For purposes of this section, "alcohol or drug-related traffic offense" means the following: Driving while under the influence as defined by RCW 46.61.502, actual physical control while under the influence as defined by RCW 46.61.504, vehicular homicide as defined by RCW 46.61.520(1)(a), vehicular assault as defined by RCW 46.61.522(1)(b), homicide by watercraft as defined by RCW 79A.60.050, or assault by watercraft as defined by RCW 79A.60.060.
(iii) This subsection (4)(b) does not require the department of social and health services to add new treatment or assessment facilities nor affect its use of existing programs and facilities authorized by law.
(5)(a) On the motion of the offender, following the offender's release from total confinement, the court may amend the substantive conditions of community custody imposed by the court.
(b) The offender shall have the burden of proving by a preponderance of the evidence that there has been a substantial change in circumstances such that the condition of community custody is no longer necessary for community safety. In determining whether there has been a substantial change in circumstances, the court may not base its determination solely on the fact that time has passed without a violation.
(c) An offender may file a motion to modify substantive conditions of community custody imposed by the court no more than once in every 12-month period that the order is in effect, starting from the date of the order.
(d) The time limit for collateral attacks established under RCW 10.73.090 does not apply to any motion filed pursuant to this subsection.
(e) A motion under this subsection may not reopen the offender's conviction to challenges that would otherwise be barred by RCW 10.73.090, 10.73.100, 10.73.140, or other procedural barriers.
[ 2024 c 118 s 2; 2022 c 29 s 8; (2022 c 29 s 7 expired July 1, 2022); 2021 c 215 s 104; 2018 c 201 s 9004; 2015 c 81 s 3. Prior: 2009 c 214 s 3; 2009 c 28 s 11; 2008 c 231 s 9.]
Notes:
*Reviser's note: Chapter 70.96A RCW was repealed and/or recodified in its entirety pursuant to 2016 sp.s. c 29 ss 301, 601, and 701.
Application—Effective date—2024 c 118: See notes following RCW 9.94A.704.
Effective date—2022 c 29 s 8: "Section 8 of this act takes effect July 1, 2022." [ 2022 c 29 s 17.]
Expiration date—2022 c 29 s 7: "Section 7 of this act expires July 1, 2022." [ 2022 c 29 s 16.]
Housing voucher program outcome evaluation and benefit-cost analysis—Transfer of residual funds to the general fund—2022 c 29: See notes following RCW 9.94A.729.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Short title—2009 c 214: "This act shall be known as the Eryk Woodruff public safety act of 2009." [ 2009 c 214 s 1.]
Effective date—2009 c 214: "This act takes effect August 1, 2009." [ 2009 c 214 s 4.]
Effective date—2009 c 28: See note following RCW 2.24.040.
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.

catchline: Community custody—Conditions.


title: RCW 9.94A.704

text:
(1) Every person who is sentenced to a period of community custody shall report to and be placed under the supervision of the department, subject to RCW 9.94A.501.
(2)(a) The department shall assess the offender's risk of reoffense and may establish and modify additional conditions of community custody based upon the risk to community safety.
(b) Within the funds available for community custody, the department shall determine conditions as provided for in this section, and shall supervise offenders during community custody on the basis of risk to community safety and conditions imposed by the court. The secretary shall adopt rules to implement the provisions of this subsection (2)(b).
(3) If the offender is supervised by the department, the department shall at a minimum instruct the offender to:
(a) Report as directed to a community corrections officer;
(b) Remain within prescribed geographical boundaries;
(c) Notify the community corrections officer of any change in the offender's address or employment; and
(d) Disclose the fact of supervision to any mental health, chemical dependency, or domestic violence treatment provider, as required by RCW 9.94A.722.
(4) The department may require the offender to participate in rehabilitative programs, or otherwise perform affirmative conduct, and to obey all laws.
(5) If the offender was sentenced pursuant to a conviction for a sex offense or domestic violence, the department may:
(a) Require the offender to refrain from direct or indirect contact with the victim of the crime or immediate family member of the victim of the crime. If a victim or an immediate family member of a victim has requested that the offender not contact him or her after notice as provided in RCW 72.09.340, the department shall require the offender to refrain from contact with the requestor. Where the victim is a minor, the parent or guardian of the victim may make a request on the victim's behalf. This subsection is not intended to reduce the preexisting authority of the department to impose no-contact conditions regardless of the offender's crime and regardless of who is protected by the no-contact condition, where such condition is based on risk to community safety.
(b) Impose electronic monitoring. Within the resources made available by the department for this purpose, the department shall carry out any electronic monitoring using the most appropriate technology given the individual circumstances of the offender. As used in this section, "electronic monitoring" has the same meaning as in RCW 9.94A.030.
(6) The department may not impose conditions that are contrary to those ordered by the court and may not contravene or decrease court-imposed conditions.
(7)(a) The department shall notify the offender in writing of any additional conditions or modifications.
(b) Within 10 business days of receiving notice of a condition imposed or modified by the department, an offender may request an administrative review under rules adopted by the department. The condition shall remain in effect if the reviewing officer finds that it is reasonably related to at least one of the following: The crime of conviction, the offender's risk of reoffending, or the safety of the community.
(8) The department shall notify the offender in writing upon community custody intake of the department's violation process.
(9) The department may require offenders to pay for special services rendered including electronic monitoring, day reporting, and telephone reporting, dependent on the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.
(10)(a) When an offender on community custody is under the authority of the board, the department shall assess the offender's risk of recidivism and shall recommend to the board any additional or modified conditions based upon the offender's crime of conviction, risk of reoffense, or risk to community safety and may recommend affirmative conduct or electronic monitoring consistent with subsections (4) through (6) of this section.
(b) The board may impose or modify conditions in addition to court-ordered conditions. The board may not impose conditions that are contrary to those ordered by the court and may not contravene or decrease court-imposed conditions. The board must consider and may impose department-recommended conditions. The board must impose a condition requiring the offender to refrain from contact with the victim or immediate family member of the victim as provided in subsection (5)(a) of this section. Regardless of the offender's date of sentencing, additional conditions imposed or modified by the board may be based upon the offender's crime of conviction, risk of reoffense, or risk to community safety. The additional conditions of community custody need not be crime-related if the conditions reasonably relate to either the risk of reoffense or risk to community safety.
(c) Within 10 business days of receiving notice of a condition imposed by the board or the department, an offender may request an administrative hearing under rules adopted by the board. The condition shall remain in effect if the hearing examiner finds that it is reasonably related to at least one of the following:
(i) The crime of conviction;
(ii) The offender's risk of reoffending;
(iii) The safety of the community; or
(iv) The offender's risk of domestic violence reoffense.
(d) If the department finds that an emergency exists requiring the immediate imposition of additional conditions in order to prevent the offender from committing a crime, the department may impose such conditions. The department may not impose conditions that are contrary to those set by the board or the court and may not contravene or decrease court-imposed or board-imposed conditions. Conditions imposed under this subsection shall take effect immediately after notice to the offender by personal service, but shall not remain in effect longer than seven working days unless approved by the board.
(e) The board shall notify the offender in writing of any additional or modified conditions.
(11) In setting, modifying, and enforcing conditions of community custody, the department shall be deemed to be performing a quasi-judicial function.
[ 2024 c 118 s 1; 2022 c 29 s 9; 2019 c 263 s 601; 2016 c 108 s 1. Prior: 2015 c 287 s 7; 2015 c 134 s 8; 2014 c 35 s 1; 2012 1st sp.s. c 6 s 3; 2009 c 375 s 6; 2009 c 28 s 12; 2008 c 231 s 10.]
Notes:
Application—2024 c 118: "This act applies to all offenders sentenced to a term of community custody before, on, or after March 15, 2024." [ 2024 c 118 s 9.]
Effective date—2024 c 118: "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 [March 15, 2024]." [ 2024 c 118 s 11.]
Housing voucher program outcome evaluation and benefit-cost analysis—Transfer of residual funds to the general fund—2022 c 29: See notes following RCW 9.94A.729.
Findings—Intent—2019 c 263 ss 202-803: See note following RCW 10.01.240.
Effective date—2019 c 263 ss 501-504, 601, 602, and 701-708: See note following RCW 9.94A.500.
Effective date—2015 c 134: See note following RCW 9.94A.501.
Effective date—2012 1st sp.s. c 6 ss 1, 3 through 9, and 11 through 14: See note following RCW 9.94A.631.
Application—2012 1st sp.s. c 6: See note following RCW 9.94A.631.
Application—2009 c 375: See note following RCW 9.94A.501.
Effective date—2009 c 28: See note following RCW 2.24.040.
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.

catchline: Community custody—Supervision by the department—Conditions.


title: RCW 9.94A.706

text:
(1) No offender sentenced to a term of community custody under the supervision of the department may own, use, or possess firearms, ammunition, or explosives. An offender's actual or constructive possession of firearms, ammunition, or explosives shall be reported to local law enforcement or local prosecution for consideration of new charges and subject to sanctions under RCW 9.94A.633 or 9.94A.737.
(2) For the purposes of this section:
(a) "Constructive possession" means the power and intent to control the firearm, ammunition, or explosives.
(b) "Explosives" has the same definition as in RCW 46.04.170.
(c) "Firearm" has the same definition as in RCW 9.41.010.
[ 2012 1st sp.s. c 6 s 4; 2008 c 231 s 11.]
Notes:
Effective date—2012 1st sp.s. c 6 ss 1, 3 through 9, and 11 through 14: See note following RCW 9.94A.631.
Application—2012 1st sp.s. c 6: See note following RCW 9.94A.631.
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.

catchline: Community custody—Possession of firearms, ammunition, or explosives prohibited.


title: RCW 9.94A.707

text:
(1) Community custody shall begin: (a) Upon completion of the term of confinement; or (b) at the time of sentencing if no term of confinement is ordered.
(2) When an offender is sentenced to community custody, the offender is subject to the conditions of community custody as of the date of sentencing, unless otherwise ordered by the court.
[ 2009 c 375 s 7; 2008 c 231 s 12.]
Notes:
Application—2009 c 375: See note following RCW 9.94A.501.
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.