2834-S AMH HARG H4891

2834-S AMH HARG H4891.1

SHB 2834 - H AMD TO APP COMM AMD (SHEL02) 0232 ADOPTED 2/18/92

By Representatives Hargrove, Locke, Belcher, Appelwick and Winsley

On page 1, line 4 of the amendment, after "inclusive" insert ", and insert the following:

"Sec. 5. RCW 9.95.040 and 1986 c 224 s 9 are each amended to read as follows:

The board shall fix the duration of confinement for persons committed by the court before July 1, 1986, for crimes committed before July 1, 1984. Within six months after the admission of the convicted person to the penitentiary, reformatory, or such other state penal institution as may hereafter be established, the board shall fix the duration of his confinement. The term of imprisonment so fixed shall not exceed the maximum provided by law for the offense of which he was convicted or the maximum fixed by the court where the law does not provide for a maximum term.

The following limitations are placed on the board or the court for persons committed to prison on or after July 1, 1986, for crimes committed before July 1, 1984, with regard to fixing the duration of confinement in certain cases, notwithstanding any provisions of law specifying a lesser sentence:

(1) For a person not previously convicted of a felony but armed with a deadly weapon at the time of the commission of his offense, the duration of confinement shall not be fixed at less than five years.

(2) For a person previously convicted of a felony either in this state or elsewhere and who was armed with a deadly weapon at the time of the commission of his offense, the duration of confinement shall not be fixed at less than seven and one-half years.

The words "deadly weapon," as used in this section include, but are not limited to, any instrument known as a blackjack, sling shot, billy, sand club, sandbag, metal knuckles, any dirk, dagger, pistol, revolver, or any other firearm, any knife having a blade longer than three inches, any razor with an unguarded blade, any metal pipe or bar used or intended to be used as a club, any explosive, and any weapon containing poisonous or injurious gas.

(3) For a person convicted of being an habitual criminal within the meaning of the statute which provides for mandatory life imprisonment for such habitual criminals, the duration of confinement shall not be fixed at less than fifteen years. ((The board shall retain jurisdiction over such convicted person throughout his natural life unless the governor by appropriate executive action orders otherwise.))

(4) Any person convicted of embezzling funds from any institution of public deposit of which he was an officer or stockholder, the duration of confinement shall be fixed at not less than five years.

Except when an inmate of the reformatory, penitentiary, or such other penal institution as may hereafter be established has been convicted of murder in the first or second degree, the board may parole an inmate prior to the expiration of a mandatory minimum term, provided such inmate has demonstrated a meritorious effort in rehabilitation and at least two-thirds of the board members concur in such action: PROVIDED, That any inmate who has a mandatory minimum term and is paroled prior to the expiration of such term according to the provisions of this chapter shall not receive a conditional release from supervision while on parole until after the mandatory minimum term has expired."

"Sec. 6. RCW 9.95.110 and 1955 c 133 s 12 are each amended to read as follows:

(1) The board ((of prison terms and paroles)) may permit a convicted person to leave the buildings and enclosures of the penitentiary or the reformatory on parole, after such convicted person has served the period of confinement fixed for him or her by the board, less time credits for good behavior and diligence in work((: PROVIDED, That in no case shall an)). No inmate may be credited with more than one-third of his or her sentence as fixed by the board.

(2) The board ((of prison terms and paroles)) may establish rules and regulations under which a convicted person may be allowed to leave the confines of the penitentiary or the reformatory on parole((, and)). The board may return such person to the confines of the institution from which he or she was paroled((, at its discretion)) according to RCW 9.95.121.

(3) On or after the effective date of this section, a person who is released on parole shall be placed on parole for the following periods of time: (a) A person convicted of a sex or serious violent offense shall be on parole for two years from the date of release or up to the period of time earned for good behavior awarded pursuant to RCW 9.95.070 and this section, whichever is longer; or (b) offenders released on parole who are convicted of offenses other than sex or serious violent offenses shall be on parole for two years from the date of release. Under either (a) or (b) of this subsection, the parole period shall not exceed the time remaining on the parolee's statutory maximum sentence. Sanctions for violations of parole shall be imposed as provided in RCW 9.95.121 and 9.95.125. Final discharge orders shall be granted as provided in RCW 9.96.050."

"Sec. 7. RCW 9.95.121 and 1981 c 136 s 38 are each amended to read as follows:

Within fifteen days from the date of notice to the department of corrections of the arrest and detention of the alleged parole violator, he shall be personally served by a state probation and parole officer with a copy of the factual allegations of the violation of the conditions of parole, and, at the same time shall be advised of his right to an on-site parole revocation hearing and of his rights and privileges as provided in RCW 9.95.120 through 9.95.126. The alleged parole violator, after service of the allegations of violations of the conditions of parole and the advice of rights may waive the on-site parole revocation hearing as provided in RCW 9.95.120, and admit one or more of the alleged violations of the conditions of parole. If the board accepts the waiver it shall either, (1) reinstate the parolee on parole under the same or modified conditions, and if reinstated, may impose sanctions according to an administrative violation grid developed by the board in cooperation with the department of corrections, or (2) revoke the parole of the parolee and enter an order of parole revocation and return to state custody. Revocation of parole and return to state custody shall be reserved as the last alternative to be imposed under the sanction grid. A determination of a new minimum sentence shall be made within thirty days of return to state custody which shall not exceed the maximum sentence as provided by law for the crime of which the parolee was originally convicted or the maximum fixed by the court. The offender shall be released according to the provisions of RCW 9.95.100. Upon release the offender shall be on parole for the period of time provided in RCW 9.95.110.

If the waiver made by the parolee is rejected by the board it shall hold an on-site parole revocation hearing under the provisions of RCW 9.95.120 through 9.95.126."

"Sec. 8. RCW 9.95.125 and 1969 c 98 s 7 are each amended to read as follows:

After the on‑site parole revocation hearing has been concluded, the members of the board having heard the matter shall enter their decision of record within ten days, and make findings and conclusions upon the allegations of the violations of the conditions of parole. If the member, or members having heard the matter, should conclude that the allegations of violation of the conditions of parole have not been proven by a preponderance of the evidence, or, those which have been proven by a preponderance of the evidence are not sufficient cause for the revocation of parole, then the parolee shall be reinstated on parole on the same or modified conditions of parole. If the member or members having heard the matter should conclude that the allegations of violation of the conditions of parole have been proven by a preponderance of the evidence and constitute sufficient cause for the revocation of parole, then such member or members shall enter an order of parole revocation and either impose sanctions according to a sanction grid as provided in RCW 9.95.121 or return the parole violator to state custody. Within thirty days of the return of such parole violator to a state correctional institution for convicted felons the board ((of prison terms and paroles)) shall enter an order determining a new minimum sentence, not exceeding the maximum penalty provided by law for the crime for which the parole violator was originally convicted or the maximum fixed by the court."

"Sec. 9. RCW 9.96.050 and 1980 c 75 s 1 are each amended to read as follows:

(1) When a prisoner on parole has performed the obligations of his release for such time as shall satisfy the indeterminate sentence review board ((of prison terms and paroles)) that his or her final release is not incompatible with the best interests of society and the welfare of the paroled individual, the board may make a final order of discharge and issue a certificate of discharge to the prisoner.

(2) The board retains the jurisdiction to issue a certificate of discharge after the expiration of the prisoner's or parolee's maximum statutory sentence((: PROVIDED, That no such order of discharge shall be made in any case within a period of less than one year from the date on which the board has conditionally discharged the parolee from active supervision by a probation and parole officer, except where the parolee's maximum statutory sentence expires earlier)).

(3) The board shall grant a final order of discharge and issue a certificate of discharge to a parolee on parole for an offense other than a sex or serious violent offense who has been on parole for two continuous years, if the parolee is not in violation as of the effective date of this section. The board shall grant a final order of discharge and issue a certificate of discharge to a parolee on parole for a sex or serious violent offense who has been on parole for two continuous years or for the time period earned for good behavior, whichever is longer, if the parolee is not in violation as of the effective date of this section.

(4) Such discharge, regardless of when issued, shall have the effect of restoring all civil rights lost by operation of law upon conviction, and the certification of discharge shall so state.

(5) The discharge provided for in this section shall be considered as a part of the sentence of the convicted person and shall not in any manner be construed as affecting the powers of the governor to pardon any such person."

Renumber the remaining sections consecutively, and correct internal references accordingly."

SHB 2834 - H AMD TO APP COMM AMD (SHEL02)

By Representative Hargrove

On page 1, line 8 of the amendment, after "inclusive" insert ", renumber the remaining sections consecutively, and correct internal references accordingly."

SHB 2834 - H AMD TO APP COMM AMD (SHEL02)

By Representative Hargrove

On page 1, line 13 of the amendment, before "Sections" insert "(1) Sections 5 through 9 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

(2)"

SHB 2834 - H AMD

By Representative Hargrove

In line 1 of the title, after "sentencing;" strike the remainder of the title and insert "amending RCW 9.94A.150, 9.94A.440, 9.95.040, 9.95.110, 9.95.121, 9.95.125, 9.96.050, 9.95.040, 9.95.110, 9.95.121, 9.95.125, 9.96.050, and 9A.20.021; reenacting and amending RCW 9.94A.120; adding a new section to chapter 72.09 RCW; creating a new section; prescribing penalties; and providing an effective date."