HOUSE BILL REPORT

HB 757

BYRepresentatives Fisher, Leonard, Fisch, Pruitt, Barnes and Unsoeld; by request of Secretary of State

Providing for the restoration of civil rights.

House Committe on Constitution, Elections & Ethics

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (4)

     Signed by Representatives Fisher, Chair; Pruitt, Vice Chair; Fisch and Leonard.

Minority Report:     Do not pass.  (3)

     Signed by Representatives Amondson, Barnes and Sanders.

House Staff:Tim Burke (786-7103) Kenneth Hirst (786-7105)

AS REPORTED BY COMMITTEE ON CONSTITUTION, ELECTIONS & ETHICS

MARCH 6, 1987

BACKGROUND:

The Washington Constitution and statute law provide that persons convicted of "infamous crimes" have no right to vote or run for office unless their "civil rights are restored...." Provisions in statute law define "infamous crime" as meaning the commission of any felony which is punishable by a sentence of death or imprisonment in a state prison.  Statute law also specifies several different ways in which offenders' civil rights can be restored.

At any time the governor, as part of his or her power to issue pardons, is authorized to restore the civil rights of a person convicted of an infamous crime.

Persons who commit felonies on or after July 1, 1984 are sentenced under the Sentencing Reform Act.  This Act provides that their civil rights shall be restored whenever they complete the requirements of their sentences.  Parole does not exist for offenders convicted under the Act.

Persons who have committed felonies before July 1, 1984 and who are in prison or on parole are under the jurisdiction of the indeterminate sentencing board (which replaced the board of prison terms and paroles) until June 30, 1992, when they will be transferred to the jurisdiction of the superior court.  The indeterminate sentencing board and the superior court, beginning on June 30, 1992, have discretionary authority to restore the civil rights of any person who is released from parole.  This is accomplished by the issuance of a certificate of final discharge from parole.  Such a certificate may only be issued to parolees who have been on "active supervision" status for at least one year and have been conditionally discharged from that status.

All paroled offenders are initially placed on "active supervision" status for a prescribed period, and if they comply with the conditions of their parole, they are then conditionally discharged from "active supervision" status at the end of that period.

SUMMARY:

SUBSTITUTE BILL:  Whenever the indeterminate sentencing board and the superior court (when it assumes the functions of the board in 1992) conditionally discharges a person from the active supervision portion of his or her parole, the discharged person will be granted full restoration of his or her civil rights. This restoration provision is both prospective and retroactive.

Restoration of civil rights to a person conditionally discharged is conditioned on the person's either maintaining the status of the conditional discharge or obtaining a final discharge.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The original bill may have provided for the restoration of civil rights of any offender released from incarceration and would have required the secretary of state to adopt rules providing, among other things, for notifying persons that their rights to register and vote have been restored.  The substitute is limited to offenders convicted under the old sentencing systems and provides for the restoration of their civil rights when they are conditionally discharged from the active supervision portion of their parole.  Also, it does not contain any authorization for the adoption of rules.

Fiscal Note:    Requested February 23, 1987.

House Committee ‑ Testified For:     Ralph Munro, Secretary of State; Jerry Sheehan, American Civil Liberties Union of Washington.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     (1) The bill establishes a uniform system for restoring the civil liberties of persons convicted before and after the effective date of the Sentencing Reform Act of 1981. (2) People convicted under the prior law have difficulty finding out whether their civil liberties have been restored; voter registrars and auditors do not know how to answer their questions.  Restoration of those rights is automatic with the completion of the requirements of a person's sentence under the 1981 Act.

House Committee - Testimony Against: None Presented.