(1) Offenders with orders of community custody per RCW 9.94A.701
may have their sentences reduced by ERT.
(2) Community custody returns/terminates: During community custody, if an offender has not completed his/her maximum term of total confinement and is subject to a third violation hearing for any violation of community custody and is found to have committed the violation, the department may return the offender to total confinement to serve the remainder of the prison term.
(a) This applies solely to offenders who were not held to their maximum expiration date prior to release to community custody.
(b) All jail ERT and DOC ERT applied to the sentence before early release becomes return time.
(c) When determining the length of return time, the department must credit the offender with all community custody time successfully served and with all periods of prehearing time spent in confinement pending all prior and current community custody violation hearings for that cause.
(d) The date the offender was placed in jail on the most recent violation will be the return start date.
(e) The offender is not entitled to any ERT during the return time.
(f) Upon release from total confinement, after serving the return time the offender will resume serving the community custody portion of the sentence for any time remaining on community custody.
[Statutory Authority: RCW 72.01.090
. WSR 15-23-100, § 137-30-080, filed 11/18/15, effective 12/19/15. Statutory Authority: RCW 72.09.130
, and 9.95.070
. WSR 11-11-018, § 137-30-080, filed 5/9/11, effective 6/9/11.]