VETO MESSAGE ON HB 1886-S

                        May 21, 1991

To the Honorable, the House

  of Representatives of the

  State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval as to section 3, Substitute House Bill No. 1886 entitled:

"AN ACT Relating to alcohol and drug evaluation and treatment for individuals convicted of vehicular homicide or vehicular assault."

      Section 3 of this bill requires that an individual sentenced to the custody of the department of corrections for vehicular homicide or vehicular assault also be sentenced to the community placement program.  RCW 9.94A.150 regulates the conversion of earned early release time to community custody for those offenders sentenced to this program.  That statute is specific as to the offenses for which an individual can be denied earned early release and placed in community custody.

      Substitute House Bill No. 1886 did not amend RCW 9.94A.150 to include vehicular homicide and vehicular assault in the list of eligible offenses.  As a result, the status of offenders who earn early release will be ambiguous at the time they are eligible for release from confinement.  Because of this confusion, I am vetoing section 3.

      With the exception of section 3, Substitute House Bill No. 1886 is approved.

                        Respectfully submitted,

                        Booth Gardner

                        Governor