Department must supervise specified offenders—Risk assessment of felony offenders. (Effective until January 1, 2026.)
(1) The department shall supervise the following offenders who are sentenced to probation in superior court, pursuant to RCW
9.92.060,
9.95.204, or
9.95.210:
(a) Offenders convicted of:
(i) Sexual misconduct with a minor second degree;
(ii) Custodial sexual misconduct second degree;
(iii) Communication with a minor for immoral purposes; and
(iv) Violation of RCW
9A.44.132(2) (failure to register); and
(b) Offenders who have:
(i) A current conviction for a repetitive domestic violence offense after August 1, 2011; and
(ii) A prior conviction for a repetitive domestic violence offense or domestic violence felony offense after August 1, 2011.
(2) Misdemeanor and gross misdemeanor offenders supervised by the department pursuant to this section shall be placed on community custody.
(3) The department shall supervise every felony offender sentenced to community custody pursuant to RCW
9.94A.701 or
9.94A.702 whose risk assessment classifies the offender as one who is at a high risk to reoffend.
(4) Notwithstanding any other provision of this section, the department shall supervise an offender sentenced to community custody regardless of risk classification if the offender:
(a) Has a current conviction for a sex offense or a serious violent offense and was sentenced to a term of community custody pursuant to RCW
9.94A.701,
9.94A.702, or
9.94A.507;
(b) Has been identified by the department as a dangerous mentally ill offender pursuant to RCW
72.09.370;
(c) Has an indeterminate sentence and is subject to parole pursuant to RCW
9.95.017;
(d) Has a current conviction for violating RCW
9A.44.132(1) (failure to register) and was sentenced to a term of community custody pursuant to RCW
9.94A.701;
(e)(i) Has a current conviction for a domestic violence felony offense after August 1, 2011, and a prior conviction for a repetitive domestic violence offense or domestic violence felony offense after August 1, 2011. This subsection (4)(e)(i) applies only to offenses committed prior to July 24, 2015;
(ii) Has a current conviction for a domestic violence felony offense. The state and its officers, agents, and employees shall not be held criminally or civilly liable for its supervision of an offender under this subsection (4)(e)(ii) unless the state and its officers, agents, and employees acted with gross negligence;
(g) Is subject to supervision pursuant to RCW
9.94A.745; or
(h) Was convicted and sentenced under RCW
46.61.520 (vehicular homicide), RCW
46.61.522 (vehicular assault), RCW
46.61.502(6) (felony DUI), or RCW
46.61.504(6) (felony physical control).
(5) The department shall supervise any offender who is released by the indeterminate sentence review board and who was sentenced to community custody or subject to community custody under the terms of release.
(6) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody or any probationer unless the offender or probationer is one for whom supervision is required under this section or *RCW
9.94A.5011.
(7) The department shall conduct a risk assessment for every felony offender sentenced to a term of community custody who may be subject to supervision under this section or *RCW
9.94A.5011.
(8) The period of time the department is authorized to supervise an offender under this section may not exceed the duration of community custody specified under RCW
9.94B.050,
9.94A.701 (1) through (9), or
9.94A.702, except in cases where the court has imposed an exceptional term of community custody under RCW
9.94A.535.
(9) The period of time the department is authorized to supervise an offender under this section may be reduced by the earned award of supervision compliance credit pursuant to RCW
9.94A.717.
NOTES:
*Reviser's note:RCW
9.94A.5011 expired August 1, 2014.
Intent—2024 c 63: "The legislature recognizes the ongoing and increasing epidemic of domestic violence. Even when a perpetrator is held accountable by our criminal justice system, including by total confinement in a state correctional facility, many victims of domestic violence face the ongoing challenge of realizing physical and psychological safety in their daily lives. One mechanism by which the state supports survivors is through community supervision of defendants convicted of certain domestic violence offenses upon their release back into our communities.
The legislature acknowledges that the department of corrections serves a critical function by operating as the state agency entrusted with supervision of certain defendants. It is imperative that in every instance when a Washington court orders supervision for a defendant convicted of a qualifying domestic violence offense, the department of corrections undertakes its supervisory role. Accordingly, the legislature recognizes that certain changes must be made to the Washington sentencing reform act to ensure that the department of corrections' supervisory obligations are clear." [
2024 c 63 s 1.]
Applicability—2021 c 242: See note following RCW
9.94A.695.
Implementation—2020 c 275: "The department of corrections has discretion to implement RCW
9.94A.501 and
9.94A.717 over a period of time not to exceed twelve months. For any offender under active supervision by the department as of June 11, 2020, he or she is not eligible to earn supervision compliance credit pursuant to RCW
9.94A.717 until he or she has received an orientation by the department regarding supervision compliance credit." [
2020 c 275 s 3.]
Effective date—2015 c 134: "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, 2015]." [
2015 c 134 s 9.]
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: "(1) Except as otherwise provided in this section, the provisions of this act apply to persons convicted before, on, or after June 15, 2011.
(2) By January 1, 2012, consistent with RCW
9.94A.171,
9.94A.501, and section 3 of this act, the department of corrections shall recalculate the term of community custody for offenders currently in confinement or serving a term of community custody. The department of corrections shall reset the date that community custody will end for those offenders. The recalculation shall not extend a term of community custody beyond that to which an offender is currently subject.
(3) By January 1, 2012, consistent with the provisions of RCW
9.94A.650, the department of corrections shall recalculate the term of community custody for each offender sentenced to a first-time offender waiver under RCW
9.94A.650 and currently in confinement or serving a term of community custody. The department of corrections shall reset the date that community custody will end for those offenders. The recalculation shall not extend a term of community custody beyond that to which an offender is currently subject." [
2011 1st sp.s. c 40 s 42.]
Effective date—2011 1st sp.s. c 40 ss 1-9 and 42: "Sections 1 through 9 and 42 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [June 15, 2011]." [
2011 1st sp.s. c 40 s 44.]
Application—2010 c 267: See note following RCW
9A.44.128.
Expiration date—2009 c 376 s 1: "Section 1 of this act expires August 1, 2009." [
2009 c 376 s 4.]
Expiration date—2009 c 375 ss 1, 3, and 13: "Sections 1, 3, and 13 of this act expire August 1, 2009." [
2009 c 375 s 19.]
Application—2009 c 375: "This act applies retroactively and prospectively regardless of whether the offender is currently on community custody or probation with the department, currently incarcerated with a term of community custody or probation with the department, or sentenced after July 26, 2009." [
2009 c 375 s 20.]
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW
9.94A.701.
Severability—2008 c 231: See note following RCW
9.94A.500.
Effective date—2005 c 362: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 2005]." [
2005 c 362 s 5.]
Severability—Effective dates—2003 c 379: See notes following RCW
9.94A.728.
Misdemeanant probation services
—County supervision: RCW
9.95.204.
Department must supervise specified offenders—Risk assessment of felony offenders. (Effective January 1, 2026.)
(1) The department shall supervise the following offenders who are sentenced to probation in superior court, pursuant to RCW
9.92.060,
9.95.204, or
9.95.210:
(a) Offenders convicted of:
(i) Sexual misconduct with a minor second degree;
(ii) Custodial sexual misconduct second degree;
(iii) Communication with a minor for immoral purposes; and
(iv) Violation of RCW
9A.44.132(2) (failure to register); and
(b) Offenders who have:
(i) A current conviction for a repetitive domestic violence offense after August 1, 2011; and
(ii) A prior conviction for a repetitive domestic violence offense or domestic violence felony offense after August 1, 2011.
(2) Misdemeanor and gross misdemeanor offenders supervised by the department pursuant to this section shall be placed on community custody.
(3) The department shall supervise every felony offender sentenced to community custody pursuant to RCW
9.94A.701 or
9.94A.702 whose risk assessment classifies the offender as one who is at a high risk to reoffend.
(4) Notwithstanding any other provision of this section, the department shall supervise an offender sentenced to community custody regardless of risk classification if the offender:
(a) Has a current conviction for a sex offense or a serious violent offense and was sentenced to a term of community custody pursuant to RCW
9.94A.701,
9.94A.702, or
9.94A.507;
(b) Has been identified by the department as a dangerous mentally ill offender pursuant to RCW
72.09.370;
(c) Has an indeterminate sentence and is subject to parole pursuant to RCW
9.95.017;
(d) Has a current conviction for violating RCW
9A.44.132(1) (failure to register) and was sentenced to a term of community custody pursuant to RCW
9.94A.701;
(e)(i) Has a current conviction for a domestic violence felony offense after August 1, 2011, and a prior conviction for a repetitive domestic violence offense or domestic violence felony offense after August 1, 2011. This subsection (4)(e)(i) applies only to offenses committed prior to July 24, 2015;
(ii) Has a current conviction for a domestic violence felony offense. The state and its officers, agents, and employees shall not be held criminally or civilly liable for its supervision of an offender under this subsection (4)(e)(ii) unless the state and its officers, agents, and employees acted with gross negligence;
(g) Is subject to supervision pursuant to RCW
9.94A.745; or
(h) Was convicted and sentenced under RCW
46.61.520 (vehicular homicide), RCW
46.61.522 (vehicular assault), RCW
46.61.502(6) (felony DUI), or RCW
46.61.504(6) (felony physical control).
(5) The department shall supervise any offender who is released by the indeterminate sentence review board and who was sentenced to community custody or subject to community custody under the terms of release.
(6) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody or any probationer unless the offender or probationer is one for whom supervision is required under this section or *RCW
9.94A.5011.
(7) The department shall conduct a risk assessment for every felony offender sentenced to a term of community custody who may be subject to supervision under this section or *RCW
9.94A.5011.
(8) The period of time the department is authorized to supervise an offender under this section may not exceed the duration of community custody specified under RCW
9.94B.050,
9.94A.701 (1) through (9), or
9.94A.702, except in cases where the court has imposed an exceptional term of community custody under RCW
9.94A.535.
(9) The period of time the department is authorized to supervise an offender under this section may be reduced by the earned award of supervision compliance credit pursuant to RCW
9.94A.717.
NOTES:
Reviser's note:*(1) RCW
9.94A.5011 expired August 1, 2014.
(2) This section was amended by 2024 c 63 s 3 and by 2024 c 306 s 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—2024 c 306: See note following RCW
9.94A.661.
Intent—2024 c 63: "The legislature recognizes the ongoing and increasing epidemic of domestic violence. Even when a perpetrator is held accountable by our criminal justice system, including by total confinement in a state correctional facility, many victims of domestic violence face the ongoing challenge of realizing physical and psychological safety in their daily lives. One mechanism by which the state supports survivors is through community supervision of defendants convicted of certain domestic violence offenses upon their release back into our communities.
The legislature acknowledges that the department of corrections serves a critical function by operating as the state agency entrusted with supervision of certain defendants. It is imperative that in every instance when a Washington court orders supervision for a defendant convicted of a qualifying domestic violence offense, the department of corrections undertakes its supervisory role. Accordingly, the legislature recognizes that certain changes must be made to the Washington sentencing reform act to ensure that the department of corrections' supervisory obligations are clear." [
2024 c 63 s 1.]
Applicability—2021 c 242: See note following RCW
9.94A.695.
Implementation—2020 c 275: "The department of corrections has discretion to implement RCW
9.94A.501 and
9.94A.717 over a period of time not to exceed twelve months. For any offender under active supervision by the department as of June 11, 2020, he or she is not eligible to earn supervision compliance credit pursuant to RCW
9.94A.717 until he or she has received an orientation by the department regarding supervision compliance credit." [
2020 c 275 s 3.]
Effective date—2015 c 134: "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, 2015]." [
2015 c 134 s 9.]
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: "(1) Except as otherwise provided in this section, the provisions of this act apply to persons convicted before, on, or after June 15, 2011.
(2) By January 1, 2012, consistent with RCW
9.94A.171,
9.94A.501, and section 3 of this act, the department of corrections shall recalculate the term of community custody for offenders currently in confinement or serving a term of community custody. The department of corrections shall reset the date that community custody will end for those offenders. The recalculation shall not extend a term of community custody beyond that to which an offender is currently subject.
(3) By January 1, 2012, consistent with the provisions of RCW
9.94A.650, the department of corrections shall recalculate the term of community custody for each offender sentenced to a first-time offender waiver under RCW
9.94A.650 and currently in confinement or serving a term of community custody. The department of corrections shall reset the date that community custody will end for those offenders. The recalculation shall not extend a term of community custody beyond that to which an offender is currently subject." [
2011 1st sp.s. c 40 s 42.]
Effective date—2011 1st sp.s. c 40 ss 1-9 and 42: "Sections 1 through 9 and 42 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [June 15, 2011]." [
2011 1st sp.s. c 40 s 44.]
Application—2010 c 267: See note following RCW
9A.44.128.
Expiration date—2009 c 376 s 1: "Section 1 of this act expires August 1, 2009." [
2009 c 376 s 4.]
Expiration date—2009 c 375 ss 1, 3, and 13: "Sections 1, 3, and 13 of this act expire August 1, 2009." [
2009 c 375 s 19.]
Application—2009 c 375: "This act applies retroactively and prospectively regardless of whether the offender is currently on community custody or probation with the department, currently incarcerated with a term of community custody or probation with the department, or sentenced after July 26, 2009." [
2009 c 375 s 20.]
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW
9.94A.701.
Severability—2008 c 231: See note following RCW
9.94A.500.
Effective date—2005 c 362: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 2005]." [
2005 c 362 s 5.]
Severability—Effective dates—2003 c 379: See notes following RCW
9.94A.728.
Misdemeanant probation services
—County supervision: RCW
9.95.204.
