SB 6369 — Concerning individuals serving community custody terms.

S-6047.2SUBSTITUTES-5059.2SENATE SENATE BILL 6369State of Washington66th Legislature2020 Regular SessionBySenateSessionBySenators HumanNguyen, Services,Darneille, ReentryStanford, &Das, Rehabilitationand (originallyWilson, sponsoredC.Read byfirst Senatorstime Nguyen,01/15/20.Referred Darneille,to Stanford,Committee Das,on andHuman Wilson,Services, C.)READReentry FIRST& TIMERehabilitation.AN 02/07/20.AN ACT Relating to individuals serving community custody terms;

addingand creating a new sectionsection.BE toIT chapterENACTED 72.09BY RCW;THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec.

and creating new sections.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec.

The department shall adopt rules creating a structured violation process that includes presumptive sanctions, aggravating and mitigating factors, and definitions for low level violations and high level violations.(b) After((After an offender has committed and been sanctioned for five low level violations, ((all))all subsequent violations committed by that offender ((shallshall automatically))mayautomatically be considered high level violations,violations.(c)))(i) provided that any decision to elevate a violation complies with policies and rules established by the department.(c)(i) The department must define aggravating factors that indicate the offender may present a current and ongoing foreseeable risk and which therefore((,)) elevate an offender's behavior to a high level violation process.(ii) The state and its officers, agents, and employees may not be held criminally or civilly liable for a decision to elevate or not to elevate an offender's behavior to a high level violation process under this subsection unless the state or its officers, agents, and employees acted with reckless disregard.(3) The department may intervene when an offender commits a low level violation ((as follows:(a) For a first low level violation, the department may sanction))by sanctioning the offender to one or more nonconfinement sanctions((.(b) For a second or subsequent low level violation, the department may sanction the offender))or to not more than three days in total confinement.(((i)))(a) The department shall develop rules to ensure that each offender subject to a short-term confinement sanction is provided the opportunity to respond to the alleged violation prior to imposition of total confinement.(((ii)))(b) The offender may appeal the short-term confinement sanction to a panel of three reviewing officers designated by the secretary or by the secretary's designee.

Prehearing time served must be credited to the offender's sanction time.(5) If((If the offender's underlying offense is one of the following felonies provided in this subsection and the violation behavior constitutes a new misdemeanor, gross misdemeanor,misdemeanor or felony, the offender shall be held in total confinement pending a sanction hearing, and until the earliersanction of:expires or until if a prosecuting attorney files new charges against the offender, whichever occurs first:(a) Assault in the first degree, as defined in RCW 9A.36.011;(b) Assault of a child in the first degree, as defined in RCW 9A.36.120;(c) Assault of a child in the second degree, as defined in RCW 9A.36.130;(d) Burglary in the first degree, as defined in RCW 9A.52.020;(e) Child molestation in the first degree, as defined in RCW 9A.44.083;(f) Commercial sexual abuse of a minor, as defined in RCW 9.68A.100;(g) Dealing in depictions of a minor engaged in sexually explicit conduct, as defined in RCW 9.68A.050;(h) Homicide by abuse, as defined in RCW 9A.32.055;(i) Indecent liberties with forcible compulsion, as defined in RCW 9A.44.100(1)(a);(j) Indecent liberties with a person capable of consent, as defined in RCW 9A.44.100(1)(b);(k) Kidnapping in the first degree, as defined in RCW 9A.40.020;(l) Murder in the first degree, as defined in RCW 9A.32.030;(m) Murder in the second degree, as defined in RCW 9A.32.050;(n) Promoting commercial sexual abuse of a minor, as defined in RCW 9.68A.101;(o) Rape in the first degree, as defined in RCW 9A.44.040;(p) Rape in the second degree, as defined in RCW 9A.44.050;(q) Rape of a child in the first degree, as defined in RCW 9A.44.073;(r) Rape of a child in the second degree, as defined in RCW 9A.44.076;(s) Robbery in the first degree, as defined in RCW 9A.56.200;(t) Sexual exploitation of a minor, as defined in RCW 9.68A.040;

Theor(u) dateVehicular homicide while under the sanctioninfluence expiresof ((orintoxicating untilliquor if));or any drug, as defined in RCW 46.61.520(1)(a).(6))) The department shall adopt rules creating hearing procedures for high level violations.

the date a prosecuting attorney files new charges against the offender((, whichever occurs first));

or the date a prosecuting attorney provides the department with written notice that new charges will not be filed for the violation behavior.

The following underlying offenses apply to the restrictions in this subsection:(a) Assault in the first degree, as defined in RCW 9A.36.011;(b) Assault of a child in the first degree, as defined in RCW 9A.36.120;(c) Assault of a child in the second degree, as defined in RCW 9A.36.130;(d) Burglary in the first degree, as defined in RCW 9A.52.020;(e) Child molestation in the first degree, as defined in RCW 9A.44.083;(f) Commercial sexual abuse of a minor, as defined in RCW 9.68A.100;(g) Dealing in depictions of a minor engaged in sexually explicit conduct, as defined in RCW 9.68A.050;(h) Homicide by abuse, as defined in RCW 9A.32.055;(i) Indecent liberties with forcible compulsion, as defined in RCW 9A.44.100(1)(a);(j) Indecent liberties with a person capable of consent, as defined in RCW 9A.44.100(1)(b);(k) Kidnapping in the first degree, as defined in RCW 9A.40.020;(l) Murder in the first degree, as defined in RCW 9A.32.030;(m) Murder in the second degree, as defined in RCW 9A.32.050;(n) Promoting commercial sexual abuse of a minor, as defined in RCW 9.68A.101;(o) Rape in the first degree, as defined in RCW 9A.44.040;(p) Rape in the second degree, as defined in RCW 9A.44.050;(q) Rape of a child in the first degree, as defined in RCW 9A.44.073;(r) Rape of a child in the second degree, as defined in RCW 9A.44.076;(s) Robbery in the first degree, as defined in RCW 9A.56.200;(t) Sexual exploitation of a minor, as defined in RCW 9.68A.040;

or(u) Vehicular homicide while under the influence of intoxicating liquor or any drug, as defined in RCW 46.61.520(1)(a).(6) The department shall adopt rules creating hearing procedures for high level violations.

or (iv) the safety of the community, then the panel will reverse, vacate, remand, or modify the sanction.(7)sanction.(((7)))(6) For purposes of this section, the hearings officer may not rely on unconfirmed or unconfirmable allegations to find that the offender violated a condition.(8)condition.(((8)))(7) Hearing officers shall report through a chain of command separate from that of community corrections officers.Sec.

The community corrections officer's report shall serve as the notice that the department will hold the offender for not more than three days from the time of such notice for the new crime,crime((, except if the offender's underlying offense is a felony offense listed in RCW 9.94A.737(5), in which case the department will hold the offender for thirty days from the time of arrest ((or)),or until a prosecuting attorney charges the offender with a crime, or until a prosecuting attorney provides written notice to the department that new charges will not be filed, whichever occurs first.first)).

The community corrections officer's report shall serve as notice that the department will hold the offender in total confinement for not more than three days from the time of such notice for the new crime,crime((, except if the offender's underlying offense is a felony offense listed in RCW 9.94A.737(5), in which case the department will hold the offender for thirty days from the time of arrest ((or)),or until a prosecuting attorney charges the offender with a crime, or until a prosecuting attorney provides written notice to the department that new charges will not be filed, whichever occurs first.first)).

ASections new1 sectionthrough is3 added to chapter 72.09 RCW to read as follows:(1) The department shall track and collect data and information on violations of communitythis custodyact conditionsapply andretrospectively the sanctions imposed for violations under RCW 9.94A.737, which includes, but is not limited to, the following:(a) The number and typesprospectively ofregardless high level violations and the types of sanctions imposed, including term lengths for confinement sanctions;(b) The number and types of low level violations and the typesdate of sanctionsan imposed,offender's includingunderlying nonconfinementcrime.--- sanctions,END confinement--- sanctions, and term lengths for confinement sanctions;(c) The circumstances and frequency at which low level violations are elevated to high level violations under RCW 9.94A.737(2)(b);(d) The number of warrants issued for violations;(e) The number of violations resulting in confinement under RCW 9.94A.737(5), including the length of the confinement, the number of times new charges are filed, and the number of times the department received written notice that new charges would not be filed;(f) Trends in the rate of violations, including the rate of all violations, high level violations, and low level violations;

and(g) Trends in the rate of confinement, including frequency of confinement sanctions and average stays.(2) The department shall submit a report with a summary of the data and information collected under this section, including statewide and regional trends, to the governor and appropriate committees of the legislature by November 1, 2021, and every November 1st of each year thereafter.NEW SECTION.  Sec.

5.

(1) Subject to the availability of amounts appropriated for this specific purpose, the department of corrections shall contract with an independent third party to provide a comprehensive review of the community corrections staffing model and develop an updated staffing model for use by the department of corrections.

The updated model must include additional time and flexibility for community corrections officers to focus on case management, engagement, and interventions.(2) The department of corrections shall submit a report, including a summary of the review and update, to the governor and appropriate committees of the legislature by July 1, 2021.NEW SECTION.  Sec.

6.

Sections 1 through 3 of this act apply retroactively and prospectively regardless of the date of an offender's underlying crime.--- END ---