RCW 9.94A.633: Violation of condition or requirement—Individual charged with new offense—Sanctions—Procedures. (<i>Effective until January 1, 2026.</i>)

9.94A.631 << 9.94A.633 >> 9.94A.6331

PDFRCW 9.94A.633

Violation of condition or requirement—Individual charged with new offense—Sanctions—Procedures. (Effective until January 1, 2026.)

(1)(a) An individual who violates any condition or requirement of a sentence may be sanctioned by the court with up to 60 days' confinement for each violation or by the department with up to 30 days' confinement as provided in RCW 9.94A.737.

(b) In lieu of confinement, an individual may be sanctioned with work release, home detention with electronic monitoring, work crew, community restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, or any other community-based sanctions.

(2) If an individual was under community custody pursuant to one of the following statutes, the individual may be sanctioned as follows:

(a) If the individual was transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.728, the individual may be transferred to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation.

(b) If the individual was sentenced under the drug offender sentencing alternative set out in RCW 9.94A.660, the individual may be sanctioned in accordance with that section.

(c) If the individual was sentenced under the parenting sentencing alternative set out in RCW 9.94A.655, the individual may be sanctioned in accordance with that section.

(d) If the individual was sentenced under the special sex offender sentencing alternative set out in RCW 9.94A.670, the suspended sentence may be revoked and the individual committed to serve the original sentence of confinement.

(e) If the individual was sentenced under the mental health sentencing alternative set out in RCW 9.94A.695, the individual may be sanctioned in accordance with that section.

(f) If the individual was sentenced to a work ethic camp pursuant to RCW 9.94A.690, the individual may be reclassified to serve the unexpired term of his or her sentence in total confinement.

(g) If an individual convicted of a sex offense was sentenced pursuant to RCW 9.94A.507, the individual may be transferred to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation.

(h) If the individual was granted conditional commutation pursuant to RCW 9.94A.885, the individual may be transferred to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation.

(3) If a probationer is being supervised by the department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, the probationer may be sanctioned pursuant to subsection (1) of this section. The department shall have authority to issue a warrant for the arrest of an individual who violates a condition of community custody, as provided in RCW 9.94A.716. Any sanctions shall be imposed by the department pursuant to RCW 9.94A.737. Nothing in this subsection is intended to limit the power of the sentencing court to respond to a probationer's violation of conditions.

(4) The parole or probation of an individual who is charged with a new felony offense may be suspended and the individual placed in total confinement pending disposition of the new criminal charges if:

(a) The individual is on parole pursuant to RCW 9.95.110(1); or

(b) The individual is being supervised pursuant to RCW 9.94A.745 and is on parole or probation pursuant to the laws of another state.

[ 2025 c 371 s 4; 2021 c 242 s 4; 2012 1st sp.s. c 6 s 2. Prior: 2010 c 258 s 1; 2010 c 224 s 12; 2009 c 375 s 12; 2009 c 28 s 7; 2008 c 231 s 15.]

NOTES:

Expiration date—2025 c 371 ss 1 and 4: See note following RCW 9.94A.501.

Applicability—2021 c 242: See note following RCW 9.94A.695.

Effective date—2012 1st sp.s. c 6 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 2, 2012]." [ 2012 1st sp.s. c 6 s 14.]

Application—2012 1st sp.s. c 6: See note following RCW 9.94A.631.

Application—2010 c 258 s 1: "Section 1 of this act applies to all offenders who committed their crimes before, on, or after June 10, 2010." [ 2010 c 258 s 2.]

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.

PDFRCW 9.94A.633

Violation of condition or requirement—Individual charged with new offense—Sanctions—Procedures. (Effective January 1, 2026.)

(2) If an individual was under community custody pursuant to one of the following statutes, the individual may be sanctioned as follows:

(b) If the individual was sentenced under the drug offender sentencing alternative set out in RCW 9.94A.660, the individual may be sanctioned in accordance with that section.

(c) If the individual was sentenced under the drug offender sentencing alternative for driving under the influence set out in RCW 9.94A.661, the individual may be sanctioned in accordance with that section.

(d) If the individual was sentenced under the parenting sentencing alternative set out in RCW 9.94A.655, the individual may be sanctioned in accordance with that section.

(e) If the individual was sentenced under the special sex offender sentencing alternative set out in RCW 9.94A.670, the suspended sentence may be revoked and the individual committed to serve the original sentence of confinement.

(f) If the individual was sentenced under the mental health sentencing alternative set out in RCW 9.94A.695, the individual may be sanctioned in accordance with that section.

(g) If the individual was sentenced to a work ethic camp pursuant to RCW 9.94A.690, the individual may be reclassified to serve the unexpired term of his or her sentence in total confinement.

(h) If an individual convicted of a sex offense was sentenced pursuant to RCW 9.94A.507, the individual may be transferred to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation.

(i) If the individual was granted conditional commutation pursuant to RCW 9.94A.885, the individual may be transferred to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation.