HOUSE BILL REPORT

                     ESB 6103

                              As Passed House

                               March 5, 1992

Title:  An act relating to using electronic monitoring as a condition of release or condition of probation.

Brief Description:  Allowing electronic monitoring as a condition of release or condition of probation.

Sponsor(s):  Senators Nelson, Rasmussen, Thorsness, M. Kreidler, Sutherland and Erwin.

Brief History:

   Reported by House Committee on:

Human Services, February 24, 1992, DP;

Passed House, March 5, 1992, 97-0.

HOUSE COMMITTEE ON

HUMAN SERVICES

Majority Report: 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:  Electronic monitoring programs are now available for use in many jurisdictions in Washington.  These devices can be used to monitor a defendant's presence at a particular location.  Electronic monitoring has been used most often as a sanction imposed at the time of sentencing, but can also be useful as a condition of release from custody while charges are pending.

Current statutes do not specifically address the use of electronic monitoring for misdemeanor level crimes or the court's authority to require a defendant to pay the costs of the monitoring.  Further, it has been suggested that the court's authority to require electronic monitoring should be clarified in relation to cases involving domestic violence charges and restraining orders.

Summary of Bill:  In an order granting probation for a misdemeanor or gross misdemeanor, after consideration of the defendant's ability to pay, the court may order the defendant to pay for the costs of electronic monitoring imposed as a condition of probation, and for the costs of monitoring.

At the time of arraignment on a domestic violence charge, the court may include in a no-contact order a condition that the defendant submit to electronic monitoring.  If the defendant is subsequently convicted of the offense, the court may require reimbursement of the costs of the pre-trial monitoring as a condition of the sentence.  Electronic monitoring may also be imposed as a sanction for the offense.  The court must specify the terms under which the monitoring is to be performed and may require the defendant pay for the costs of the monitoring.  The court must consider the ability of the defendant to pay monitoring costs.

At the time of a hearing on a petition for a domestic violence order for protection, the court may include a condition that the respondent submit to electronic monitoring.  The order may also include a requirement that the respondent pay the costs of monitoring.  If convicted of a misdemeanor level violation of the order for protection, the penalty may include submission to electronic monitoring and payment of the costs of the monitoring. 

Fiscal Note:  Available.

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

Testimony For:  None.

Testimony Against:  None.

Witnesses:  None.