WA Legal Roundup
Yes, your esteemed blogger is quite sick thanks to what is either 1) a cold caught from the office baby whom I spent far too much time playing with on the firm boat ride; or 2) food poisoning from the WSBA annual awards dinner. Seeing as the first symptoms appeared concurrnetly with the first bite of crab cake, I'm assuming that its probably the baby. But, during a file server reboot, I have a bit of time to bring you the latest and greatest out of Div. I.
The plain language of RCW 9.94A.634(1) demonstrates that the superior courts retain authority -- and thus jurisdiction -- to enforce the conditions of the sentence they impose. True, the SRA also grants to DOC the authority to impose sanctions for violations of a specific subset of sentence conditions, including community custody conditions of sentences imposed pursuant to the first-time offender waiver option. The legislature may even have intended that this be the preferred procedure for enforcing community custody conditions in such cases. However, only by ignoring RCW 9.94A.634 is it possible to conclude that, by giving DOC this authority, the legislature intended to remove the concurrent jurisdiction of the superior courts. "We interpret statutory language in the context of the entire statute and its purpose, and avoid strained interpretations." State v. Manro, 125 Wn. App. 165, 173, 104 P.3d 708 (2005).
Seems fair to me.
Back to work!