H-2100.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1727
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State of Washington 53rd Legislature 1993 Regular Session
By House Committee on Corrections (originally sponsored by Representatives Morris, Long, G. Cole, Padden, Mastin, Lemmon and L. Johnson; by request of Department of Corrections)
Read first time 03/03/93.
AN ACT Relating to alien offenders; adding a new section to chapter 9.94A RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 9.94A RCW to read as follows:
(1) Subject to the limitations of this section, any alien offender committed to the custody of the department under the sentencing reform act of 1981, chapter 9.94A RCW, who has been found by the United States attorney general to be subject to a final order of deportation or exclusion, may be placed on conditional release status and released to the immigration and naturalization service for deportation at any time prior to the expiration of the offender's term of confinement. Conditional release shall continue until the expiration of the statutory maximum sentence provided by law for the crime or crimes of which the offender was convicted. If the offender has multiple current convictions, the statutory maximum sentence allowed by law for each crime shall run concurrently.
(2) No offender may be released under this section unless the secretary or the secretary's designee find that such release is in the best interests of the state of Washington. Further, releases under this section may occur only with the approval of the sentencing court and the prosecuting attorney of the county of conviction.
(3) No offender may be released under this section who is serving a sentence for a violent offense or sex offense, as defined in RCW 9.94A.030, or any other offense that is a crime against a person.
(4) The unserved portion of the term of confinement of any offender released under this section shall be tolled at the time the offender is released to the immigration and naturalization service for deportation. Upon the release of an offender to the immigration and naturalization service, the department shall issue a warrant for the offender's arrest within the United States. This warrant shall remain in effect until the expiration of the offender's conditional release.
(5) Upon arrest of an offender, the department shall seek extradition as necessary and return the offender to confinement. The offender shall be entitled to a hearing before the department before the imposition of sanctions. The hearing shall be conducted in the same manner that hearings are provided under RCW 9.94A.205 for community custody violations.
An offender who is required to complete his or her criminal sentence under this subsection must fully comply with all the terms and conditions of such sentence.
(6) Alien offenders released to the immigration and naturalization service for deportation under this section are not thereby relieved of their obligation to pay restitution or other legal financial obligations ordered by the sentencing court.
(7) Any offender released pursuant to this section who returns illegally to the United States may not thereafter be released again pursuant to this section.
(8) The secretary is authorized to take all reasonable actions to implement this section and shall assist federal authorities in prosecuting alien offenders who may illegally reenter the United States and enter the state of Washington. The department of corrections shall investigate the options available and the tasks needed to be accomplished that will allow the state of Washington to contract with countries bordering the continental United States for the transfer and incarceration of alien offenders from those countries. The department shall contact the United States office of enforcement operations, criminal division, department of justice and any other appropriate federal agencies in an attempt to gather information, identify available assistance, and develop a plan for implementing a contracted alien offender transfer program. The department of corrections shall report to the legislature concerning the plan by December 12, 1993.
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