HOUSE BILL REPORT

                      HB 2267

                     As Reported By House Committee on:

                               Human Services

Title:  An act relating to the whereabouts of inmates during community placement.

Brief Description:  Regulating the whereabouts of inmates during community placement.

Sponsor(s):  Representatives Riley, Winsley, Leonard, Wineberry, Wang, Ludwig, Roland, Paris, H. Myers, May, Sheldon, Bowman, Rasmussen and Van Luven; by request of Department of Corrections.

Brief History:

   Reported by House Committee on:

Human Services, January 27, 1992, DPS.

HOUSE COMMITTEE ON

HUMAN SERVICES

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 11 members:  Representatives Leonard, Chair; Riley, Vice Chair; Winsley, Ranking Minority Member; Tate, Assistant Ranking Minority Member; Anderson; Beck; Brekke; Hargrove; Hochstatter; R. King; and H. Myers.

Staff:  Antonio Sanchez (786-7383).

Background:  Offenders serving community custody, in lieu of earned early release time in the community, are subject to controls on their movement and activities.  Current statute that defines escape in the first degree while under community custody is unclear as to specifically under what conditions escape charges should be filed for these offenders.  There are 500 offenders serving community custody.

Offenders who are sentenced to a term of total confinement to the custody of the Department of Corrections for a sex or violent offense on or after July 1, 1990, are required to serve a community placement for up to two years upon the completion of their confinement.  These offenders are required to follow both the standard and special conditions outlined in statute.  Currently, the condition for the Department of Corrections' prior approval of residence arrangements and location is considered a special condition and is not a mandatory condition placed at the time of sentencing.

Summary of Substitute Bill:  The statutory definition of escape while in community custody is clarified by requiring that offenders report their specific whereabouts and be available for supervision by the Department of Corrections.  The condition that requires prior approval of residence arrangements and location for inmates serving community placement for a crime of sex or violence committed after July 1, 1990, is changed from a special condition to a mandatory condition. 

Other technical housekeeping changes are made.

Substitute Bill Compared to Original Bill:  The proposed substitute bill clarifies that an inmate in community custody shall report to his or her assigned community corrections officer after release from prison and remain in contact as his or her circumstances change.  Clarification is also provided for conditions that make it a felony to abscond from supervision.

Fiscal Note:  Requested January 24, 1992.

Effective Date of Substitute Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  These provisions will provide needed clarification, especially for the local police department who must apprehend offenders.

Testimony Against:  None.

Witnesses:  Dave Savage, Department of Corrections.