H-4333.1 _______________________________________________
SUBSTITUTE HOUSE CONCURRENT RESOLUTION 4426
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State of Washington 56th Legislature 2000 Regular Session
By House Committee on Criminal Justice & Corrections (originally sponsored by Representatives O'Brien, Ballasiotes, Kagi, Clements, Constantine, D. Sommers, Conway, Talcott, Cody, Schual‑Berke, Lovick, Miloscia, Kenney, Kastama, Hurst and Haigh)
Read first time 01/26/2000. Referred to Committee on .
WHEREAS, RCW 9.94A.040(2)(a) directs the Sentencing Guidelines Commission to evaluate state sentencing policy, to include whether the sentencing ranges and standards are consistent with and further the purposes of the Sentencing Reform Act of 1981, and the intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender; and
WHEREAS, RCW 9.94A.040(2) (b) and (c) directs the Sentencing Guidelines Commission to recommend to the legislature revisions or modifications to the standard sentencing ranges, state sentencing policy, prosecuting standards, and other standards, as well as to the existing criminal code; and if implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission is directed to accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity; and
WHEREAS, Since its adoption, numerous changes have been made in the Sentencing Reform Act, resulting in substantial increases in the lengths of prison sentences and in the population of the state's prisons, which presently exceed both rated and operational capacity; and
WHEREAS, Current fiscal constraints on state and local governments demand the most cost-effective use of tax dollars for all purposes, and prison construction and operation are the most expensive components of the criminal justice system and must be used wisely in order to allow adequate funding of other public services and programs and to achieve maximum public safety per dollar spent; and
WHEREAS, Studies are now available, including those conducted by the Washington State Institute for Public Policy, which demonstrate the cost-effectiveness of various custody options in terms of savings of future crime victim and criminal justice system costs by reducing recidivism;
NOW, THEREFORE, BE IT RESOLVED, By the House of Representatives of the State of Washington, the Senate concurring, That the Sentencing Guidelines Commission shall conduct a comprehensive review and evaluation of state sentencing policy, including whether current sentencing ranges and standards, as well as existing mandatory minimum sentences, existing sentence enhancements, and special sentencing alternatives, are consistent with the purposes of the Sentencing Reform Act as set out in RCW 9.94A.010, with the intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender, and whether current sentencing ranges and standards are consistent with existing corrections capacity. Such review and evaluation shall include consideration of cost-effectiveness and other studies performed by the Washington State Institute for Public Policy, as well as the fiscal impact of sentencing policies on state and local government. In conducting the review and evaluation, the commission shall consult with the Superior Court Judges' Association, the Washington Association of Prosecuting Attorneys, the Washington Defenders' Association, the Washington Association of Criminal Defense Lawyers, the Washington Association of Sheriffs and Police Chiefs, organizations representing crime victims, and other organizations and individuals with expertise and interest in sentencing policy; and
BE IT FURTHER RESOLVED, That by December 1, 2001, the commission shall present to the legislature the report of its comprehensive review and evaluation, together with its recommendations for revisions and modifications to state sentencing policy, including sentencing ranges and standards, mandatory minimum sentences, and sentence enhancements; and
BE IT FURTHER RESOLVED, That if implementation of the recommendations of the commission would result in exceeding the capacity of correctional facilities, the commission shall at the same time present to the legislature a list of revised standard sentence ranges which are consistent with currently authorized rated and operational corrections capacity, and consistent with the purposes of the Sentencing Reform Act.
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