FINAL BILL REPORT

SHB 1429

PARTIAL VETO

                                  C 154 L 88

BYHouse Committee on Judiciary (originally sponsored by Representatives Appelwick, Patrick, P. King, Brough, Armstrong, Wang, McLean, Butterfield, Chandler, Fuhrman, Doty, Todd, Silver, Moyer and Brekke)

Providing for home detention under the sentencing reform act.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

The Sentencing Reform Act governs the sentencing of all persons convicted of felonies in Washington.  Generally, any person convicted of a felony must be sentenced within the act's standard range for the offense.  The standard range is determined based on the person's past criminal history and the seriousness of the current offense.  If there are reasons justifying an exceptional sentence, or for certain first time offenders, the court may impose a sentence outside the standard range.

Some defendants convicted of certain felonies may be ordered to serve sentences of one year or less in partial confinement in a facility operated by, or under contract with, the state or local government.  Partial confinement requires the defendant to spend a substantial portion of each day in the facility with the remainder spent in the community.  Work release is a type of partial confinement.

SUMMARY:

Partial confinement under the Sentencing Reform Act includes a program of home detention.  A program of home detention permits a person convicted of a felony and sentenced to partial confinement to be confined in a private residence, and subject to electronic surveillance.  The home detention program is not available to any person convicted of a violent offense, any sex offense, offenses involving controlled substances classified as narcotics, or the crimes of reckless burning, third degree assault, unlawful imprisonment, second degree burglary or harassment.  An offender must obtain or maintain employment or attend school, comply with the rules of the home detention program and comply with court-ordered restitution.

VOTES ON FINAL PASSAGE:

      House 88   9

      Senate    45     2 (Senate amended)

      House 89   9 (House concurred)

EFFECTIVE:June 9, 1988

Partial Veto Summary:  The governor vetoed an intent section that stated that home detention is made necessary by crowded jail conditions caused by increased drug enforcement efforts, longer sentences under the Sentencing Reform Act and tougher driving while intoxicated penalties.  (See VETO MESSAGE)