FINAL BILL REPORT

                  HB 1372

                          C 77 L 91

                     Synopsis As Enacted

Brief Description:  Repealing the interstate parole and probation hearing procedures act.

By Representatives Hargrove, Winsley, Prentice, Morris, Tate, Riley, Leonard and H. Myers; by request of Department of Corrections.

House Committee on Human Services

Senate Committee on Law & Justice

Background:  The state of Washington is a signatory to the Interstate Compact for the Supervision of Probationers and Parolees.  The compact agreement allows states to mutually supervise offenders permitted to travel out of state. In addition to the Compact, Washington state law requires the Department of Corrections to conduct a reasonable cause hearing any time it detains an offender from any other state who is being supervised by the department.  Currently, if an out of state person under the department's supervision violates a condition of his or her sentence, the department must conduct an administrative due process hearing to determine if there is reasonable belief that the violation has occurred.

Washington State is the only waiver state that requires, by law, a hearing process of this type.  Other states rely on the "Waiver of Extradition" document that an offender signs before he or she can travel to a neighboring state.  A signed waiver document allows the sending state to regain custody of the offender for any breach of the travel privilege.  Persons who have absconded, or otherwise violated the conditions of their parole or probation, have used Washington law to interfere with the sending state's attempt to extradite and re-confine them. 

Summary:  The reasonable cause hearing and other procedural requirements used by the Department of Corrections for detaining out of state offenders under their supervision are eliminated.

Votes on Final Passage:

House  96   0

Senate 46   0

Effective:    July 28, 1991