SENATE BILL REPORT

EHB 1342

BYRepresentatives Dellwo, Locke, Crane, Wineberry, Moyer, Padden, Belcher, H. Myers, Day, Winsley, Rector and Sprenkle; by request of Department of Corrections

Allowing department of corrections to petition for review of sentences.

House Committe on Judiciary

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):March 28, 1989; March 29, 1989

Majority Report:  Do pass.

      Signed by Senators West, Chairman; Smith, Vice Chairman; Amondson, Johnson, Kreidler, Niemi, Wojahn.

Senate Staff:Kris Zabriskie (786-7439)

                  April 4, 1989

AS REPORTED BY COMMITTEE ON HEALTH CARE & CORRECTIONS, MARCH 29, 1989

BACKGROUND:

Only the state prosecutor or the defendant may appeal a criminal sentence if either party believes the court exceeded its authority in imposing certain provisions of the sentence.  The Department of Corrections may believe the sentence is erroneous but may not appeal.

The department is then left in the position of enforcing what it believes to be an erroneous sentence or disregarding the judgment.  The department has been consistently reversed when it has not enforced sentences it believes was beyond the judge's authority in imposing.

The appellate court has repeatedly advised the department that the appropriate procedure is to return the defendant to the trial court for resentencing, but no formal procedure exists.  In addition, if the trial court declines to resentence the defendant, no formal procedure exists for the department to challenge the court's sentence in the appellate courts.

A person living in Washington who has been convicted of a felony under federal law or another state law, must petition the Governor for restoration of civil rights lost by operation of our state law.  In contrast, the Board of Clemency and Pardons has the authority to restore the civil rights of persons convicted under Washington law.

SUMMARY:

The department may petition the appellate court for review of the superior court's judgment and sentence based on "errors of law."  The time limit is 90 days after the department has actual knowledge of the judgment's terms.  The department shall certify that it made all reasonable efforts to resolve the matter at the trial court level before the appeal.

The Board of Clemency and Pardons is allowed to restore the civil rights of petitioners convicted of federal or out-of state convictions.  The board's powers are limited to restoring the right to vote and to engage in political office.  All other rights must be restored by the Governor.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Edith Rice, Department of Corrections (pro); Garry Smith, U.S. Probation Office (pro)