AN ACT Relating to home incarceration and restitution; adding a new chapter to Title 9 RCW; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that if a person convicted of a crime is sentenced to a period of home incarceration, the ability of the person to engage in gainful employment during the home incarceration is of special importance so as to ensure that the person makes restitution to those individuals who have suffered monetary loss as a result of the person's criminal actions.

NEW SECTION. Sec. 2. This chapter may be known as the home incarceration and restitution act.

NEW SECTION. Sec. 3. The definitions in this section apply throughout this chapter.

(1) "Home" means the temporary or permanent residence of a defendant consisting of the actual living area. A hospital, nursing care facility, hospice, half-way house, group home, residential treatment facility, or boarding house may serve as a "home" under this section.

(2) "Home incarceration" means use of a person's home for purposes of confinement.

(3) "Approved monitoring device" means an electronic device or an apparatus approved by the supervising authority which enables the misdemeanant to serve the sentence in home incarceration and which allows the supervising authority to verify the presence of the home incarceree in the home.

(4) "Violent offense" has the meaning prescribed under RCW 9.94A.030.

NEW SECTION. Sec. 4. If authorized by the county legislative authority, a misdemeanant may petition the sentencing court for an order directing that all or a portion of a sentence of imprisonment in the county jail be served under conditions of home incarceration. Such petitions may be considered and ruled upon by the sentencing court prior to and throughout the term of the misdemeanant's sentence.

NEW SECTION. Sec. 5. Home incarceration shall include the conditions set forth in this section.

(1) The home incarceree shall conform to a schedule prepared by a designated officer of the supervising authority specifically setting forth the times when the incarceree may be absent from the home and the locations where he or she may be during those times.

(2) The home incarceree shall not commit another offense during the period of time for which he or she is subject to the conditions of home incarceration.

(3) The home incarceree shall not change the place of home incarceration or the schedule without prior approval of the supervising authority.

(4) The home incarceree shall maintain a telephone or other approved monitoring device in the home or on his or her person at all times.

(5) There shall be regular and random checks with monitoring devices to monitor the home incarceree's presence in the home. Failure to report for a regularly scheduled check shall be grounds for revocation of the home incarceration sentence and return of the misdemeanant to the county jail. The misdemeanant shall be afforded an opportunity for a hearing before the sentencing court. A preponderance of the evidence shall be required for revocation of the home incarceration sentence.

(6) Any other reasonable conditions may be imposed by the court or the supervising authority including:

(a) Supervision fees; and

(b) Any of the conditions imposed on persons on probation or conditional discharge.

(7) A written and notarized consent agreement shall be filed with the court by every adult who will share the offender's home during the term of home incarceration.

NEW SECTION. Sec. 6. No person being held under a detainer, warrant, or process issued by some other jurisdiction is eligible for home incarceration. No person previously convicted of, or currently being sentenced for, a violent offense, the crime of escape, a sexual offense, or has an offender score pursuant to RCW 9.94A.310 of 4 or greater is eligible for home incarceration.

NEW SECTION. Sec. 7. A person serving a sentence under conditions of home incarceration is responsible for his or her food, housing, clothing, and medical care expenses, and is eligible for government benefits to the same extent as a person on probation, parole, or conditional discharge.

NEW SECTION. Sec. 8. At least once every thirty days, the supervising authority shall provide all local and county law enforcement agencies with a list of the offenders under home incarceration in their jurisdictions. This list shall include the following information:

(1) The offender's place of home incarceration;

(2) The crime for which the offender was convicted;

(3) The date that the sentence of home incarceration will be completed; and

(4) The name, address, and phone number of the person supervising the offender.

NEW SECTION. Sec. 9. (1) When imposing a sentence of home incarceration in a case where a victim of a crime has suffered monetary damage as a result of the crime due to his or her property having been converted, stolen, or unlawfully obtained, or its value substantially decreased as a result of the crime, or where the victim suffered actual medical expenses, direct out-of-pocket losses, or loss of earning as a direct result of the crime, or if as a direct result of the crime the victim incurred medical expenses that were paid by public assistance or crime victim compensation, or any other governmental entity, the court shall order the defendant to make restitution in addition to any other penalty provided for the commission of the offense. Payment of restitution to the victim shall have priority over payment of restitution to any government agency. The court may, in lieu of ordering monetary restitution, order the defendant to make restitution by working for or on behalf of the victim. The court shall determine the number of hours of work necessary by applying the then prevailing federal minimum wage to the total amount of monetary damage caused by or incidental to the commission of the crime. The court may, with the consent of the agency, order the defendant to work for a public agency of the state, a county, or a city for a period of time equal to that determined in the case of working for a victim. Any work ordered pursuant to this section shall not be deemed employment for any purpose, nor shall the person performing the work be deemed an employee for any purpose. If there is more than one defendant or more than one victim, restitution may be apportioned.

(2) Restitution shall be subject to the following additional terms and conditions:

(a) Restitution by payment may be ordered in a lump sum or in specified payments;

(b) Restitution by payment may be ordered paid through the court clerk, who shall disburse the moneys as ordered by the court;

(c) Where property that is unlawfully in the possession of the defendant is in substantially undamaged condition from its condition at the time of the taking, return of the property shall be ordered in lieu of monetary restitution;

(d) Restitution by payment to governmental agencies shall be made through payments to and disbursement by the court clerk;

(e) The court clerk shall assess an additional fee of two percent to defray the administrative costs of collection of payments or property. This fee shall be paid by the defendant;

(f) When a defendant fails to make restitution ordered to be paid through the court clerk, the clerk shall notify the court. The court shall hold a hearing to determine if the defendant is in contempt of court or has violated the terms of probation; and

(g) An order of restitution shall not preclude the owner of property or the victim who suffered personal physical or mental injury or out-of-pocket loss of earnings or support or other damages from proceeding in a civil action to recover damages from the defendant. A civil verdict shall be reduced by the amount paid under the criminal restitution order.

NEW SECTION. Sec. 10. This chapter shall expire on July 1, 1990. By January 1, 1990, the legislative budget committee shall submit to the appropriate committees of the legislature a performance audit of the home incarceration program under this chapter. The audit shall:

(1) Estimate the funds saved as a result of the program;

(2) Estimate the restitution resulting from the program; and

(3) Compare recidivism rates of home incarceration and other methods of sentencing.

NEW SECTION. Sec. 11. Sections 1 through 10 of this act shall constitute a new chapter in Title 9 RCW.