SENATE BILL REPORT

SHB 1457

BYHouse Committee on Appropriations (originally sponsored by Representatives Appelwick, Schmidt, Dellwo, Patrick, Braddock, Belcher, Sayan, Locke, Wineberry and P. King; by request of  Office of Financial Management)

Regarding the indeterminate sentencing review board.

House Committe on Judiciary

Rereferred House Committee on Appropriations

Senate Committee on Law & Justice

Senate Hearing Date(s):March 29, 1989

Majority Report:  Do pass as amended and be referred to Committee on Ways & Means.

      Signed by Senators Madsen, Nelson, Newhouse, Niemi, Rasmussen, Rinehart.

Minority Report:  Do not pass.

      Signed by Senator Talmadge.

Senate Staff:Dick Armstrong (786-7460)

                  March 29, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):April 3, 1989

Majority Report:  Do pass as amended.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bauer, Bluechel, Cantu, Johnson, Lee, Newhouse, Niemi, Owen, Smith, Warnke, Williams, Wojahn.

Senate Staff:Randy Hodgins (786-7715)

                  April 4, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, APRIL 3, 1989

BACKGROUND:

When the Sentencing Reform Act (SRA) was enacted in 1981, Washington changed from an indeterminate to determinate sentencing scheme.  Under the indeterminate scheme, the Board of Prison Terms and Paroles had jurisdiction over the committed offenders and would decide when the person would be paroled and under what circumstances the offender's parole could be revoked.  The judge would recommend a minimum term but other responsibilities rested with the board.  In 1986, the Board of Prison Terms and Paroles was redesignated the Indeterminate Sentence Review Board.  The Indeterminate Sentence Review Board assumed the responsibility of supervision, parole, and revocation of those persons sentenced to felony offenses prior to July 1, 1984, which was the effective date of the SRA.  The Legislature contemplated phasing out the Indeterminate Sentencing Review Board as more and more prisoners were sentenced under the SRA.  In 1986, the Legislature provided that the board would cease to exist on June 30, 1992, and that all of its powers, functions and duties involving persons sentenced under the indeterminate sentencing scheme would be transferred to the superior courts of Washington State.  The sentencing judge of the county in which the person was convicted would assume jurisdiction over the person.  Prior to this transfer, the Indeterminate Sentencing Board was required to prepare a report on each offender and make recommendations to the superior court regarding the offender's suitability for parole and appropriate parole conditions.  The board was also to provide a detailed implementation plan to the Legislature by 1990.  The Department of Corrections was to assist the judiciary in assuming responsibility for the offenders.

The Indeterminate Sentence Review Board currently does not set minimum terms for persons incarcerated under mandatory life sentences.

SUMMARY:

The termination of the Indeterminate Sentence Review Board is delayed until 1998.  The board will make decisions on terms of confinement, including those relating to persons committed under mandatory life sentences.  The board will fix the duration of confinement, considering what the person would receive for the same offense if the person had been convicted under the SRA, except for those persons committed for life without the possibility of parole.  The board shall also consider the statements of the sentencing judge, prosecutor, victim, and investigative law enforcement officer.  The board will prepare a report on each offender.  The offenders will not be transferred to the superior court judges.  Instead, the Governor, through the Office of Financial Management, shall develop alternative recommendations for carrying out the board's duties.  The recommendations must be presented to the Legislature by 1997.  A $316,000 appropriation is made to the board from the general fund.

Appropriation:    $316,000 to the Indeterminate Sentencing Review Board from the general fund.

Revenue:    none

Fiscal Note:      available

SUMMARY OF PROPOSED LAW & JUSTICE AMENDMENT:

An amendment is added to the bill which allows the board to set minimum terms of incarcerated offenders without regard to habitual criminal status.

SUMMARY OF PROPOSED WAYS & MEANS AMENDMENT:

The appropriation is deleted and the measure is made contingent upon funding in the state budget.  The Law and Justice Committee proposed amendment is included.

Senate Committee - Testified: LAW & JUSTICE:  PRO:  Norm Maleng, King County Prosecutor; Judge Susan Azid, King County Superior Court; Kit Bail, ISRB; Herbert E. Wieland, Washington Superior Court Judges Assoc.

Senate Committee - Testified: WAYS & MEANS:  Kit Bail, Indeterminate Sentencing Review Board (pro); Bob Lasnik, King County Prosecuting Attorney's Office (pro); Herb Wieland, Washington Superior Court Judges Association (pro)