SENATE BILL REPORT

SSB 5191

BYSenate Committee on Law & Justice (originally sponsored by Senators Pullen, Niemi and Nelson; by request of Sentencing Guidelines Commission)

Standardizing application of good-time credit statutes.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 25, 1989; February 6, 1989

Majority Report:  That Substitute Senate Bill No. 5191 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Nelson, Newhouse, Niemi, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Jon Carlson (786-7459)

                  April 13, 1989

House Committe on Judiciary

AS PASSED SENATE, MARCH 8, 1989

BACKGROUND:

Present law allows inmates of a state correctional facility to receive earned early release time for good behavior and good performance, as determined by the Department of Corrections.  However, there is not a consistent policy for awarding earned early release time to inmates of county jail or county work release facilities.  These inmates may receive earned early release credit for good behavior, but it can only be granted by the sentencing judge.

Offenders who serve time in jail prior to sentencing or entering a plea, and then are sentenced to prison, do not always receive earned early release time during their presentence incarceration.

SUMMARY:

A prisoner sentenced to confinement in a county jail or a county work release facility may have his or her sentence reduced by earning early release time in accordance with procedures developed by the jail or work release facility.  Earned early release time is a result of good behavior or good performance, and cannot exceed one-third of the total sentence.

Earned early release time programs established in county jail facilities or state correctional facilities must allow offenders the opportunity to earn early release credit for presentence incarceration.  When an offender is transferred from a county jail to a state correctional facility, jail staff must certify to the Department of Corrections the amount of time spent in custody and the amount of earned early release time.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Roxanne Park, Sentencing Guidelines Commission (pro)

HOUSE AMENDMENT:

This act applies only to sentences imposed for crimes committed on or after July 1, 1989.