Download Advisory Opinion 4-2010 PDF
What is the effect of a Washington statute providing that the Department of Corrections is not authorized to supervise certain offenders who are sentenced to a term of community custody, community placement, or community supervision on supervision cases under the compact.
Requested by: West Region
Issued on: 15-07-2010
Issued by: Harry E. Hageman, Executive Director & Richard L. Masters, Legal Counsel
Pursuant to Commission Rule 6.101(c) the States comprising the Western Region of the Interstate Commission for Adult Offender Supervision have requested an advisory opinion regarding the requirements of the Compact and ICAOS Rules on the following:
In 2009, the Washington State Legislature enacted a statute classifying felony and misdemeanor offenders eligible for community supervision by the Department of Corrections (DOC). See RCW 9.94 A.030 et seq. To prioritize resources required for the highest risk offenders, the department evaluates offenses and supervision requirements using evidenced-based practices and a static risk assessment tool developed by the Washington State Institute for Public Policy (WSIPP). Under the provisions of this statute, the DOC only has authority to supervise offenders convicted of a specific type of crime or offenders with an assessed high risk to re-offend.
Rule 1.101 provides:
“Supervision” means the oversight exercised by authorities of a sending or receiving state over an offender for a period of time determined by a court or releasing authority, during which time the offender is required to report to or be monitored by supervising authorities, and to comply with regulations and conditions, other than monetary conditions, imposed on the offender at the time of the offender’s release to the community or during the period of supervision in the community.”
Rule 4.101 provides:
A receiving state shall supervise offenders consistent with the supervision of other similar offenders sentenced in the receiving state, including the use of incentives, corrective actions, graduated responses, and other supervision techniques.
Under the terms of the Washington statute, and pursuant to ICAOS Rule 4.101, Washington matches the out-of-state conviction to a similar Washington criminal offense. In conjunction with the criminal history and risk level of the offender, Washington then determines the level of supervision required for a transferring offender.
Offenders on supervision for the following similar convictions have regular contact with a Washington community corrections officer:
The Washington DOC also indicated that interstate felony offenders on supervision for the following similar convictions are under kiosk-only reporting requirements (unless the offender scores at a high risk to re-offend based on Washington’s risk assessment tool):
Interstate misdemeanor offenders receive kiosk-only reporting instructions unless the conviction meets the following criteria:
All other convictions not listed receive kiosk-only reporting.
When considering statutory provisions and methods of offender classification for Washington supervisory purposes, receiving states must consider that certain offenders convicted and sentenced in Washington who wish to relocate to other states and who have previously been subject to regular reporting to a parole or probation officer would receive minimal supervision, such as kiosk reporting or no supervision at all. Moreover, as a result of the new law, Washington offenders no longer subject to community supervision are no longer subject to the compact’s transfer requirements and may relocate without notice.
While this new law does not preclude offenders from transferring their supervision to the State of Washington, it affects the administration of their supervision. Offenders whose supervision transfers from a sending state to Washington for crimes that require reporting to a probation or parole officer may only encounter a requirement to report through kiosk-only provisions.
Nonetheless, even in cases in which the Washington law’s supervision requirements are de minimus, upon determination of a supervision requirement and with a subsequent transfer under the compact, ICAOS Rule 4.101 requires that the “receiving state shall supervise an offender in a manner . . . consistent with the supervision of other similar offenders sentenced in the receiving state.” As determined in ICAOS Advisory Opinion 1-2007:
By definition, this rule does not permit the receiving state to provide zero supervision and at a minimum, the rules of the compact contemplate that such an offender will be under some supervision for the duration of the conditions placed upon the offender under Rule 4.102.
Therefore, Compact rules still apply for offenders who transfer their supervision to the State of Washington. This includes any conditions imposed on the offender including the transmission of the required arrival and departure notices, the imposition of supervision fees, and collection of restitution, fines, or other costs. Moreover, if necessary, supervision may require violation reports or the offender’s return to the sending state. See ICAOS Rules, Chapter 4.
While the specific Washington law excludes the DOC from supervising any offender "sentenced to a term of community custody, community placement, or community supervision or any probationer unless the offender or probationer is one for whom supervision is required (under this act)," no provision of the statute prohibits a sentencing court, which determines such supervision is necessary, from requiring an offender to report directly to the court in lieu of the DOC or for the completion of a behavioral modification program. Notwithstanding the Washington law’s preclusion of supervision, such a case would meet the definition of supervision under the terms of the compact and the rules.
Click terms below to reveal definitions used in this rule.
Supervision – means the oversight exercised by authorities of a sending or receiving state over an offender for a period of time determined by a court or releasing authority, during which time the offender is required to report to or be monitored by supervising authorities, and to comply with regulations and conditions, other than monetary conditions, imposed on the offender at the time of the offender’s release to the community or during the period of supervision in the community.