_______________________________________________
SUBSTITUTE
HOUSE BILL 1727
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1993 Regular Session
State of Washington 53rd
Legislature 1993 Regular Session
By
Read
first time 03/03/93.
Providing a procedure for releasing alien offenders for the purpose of
deportation.
AN ACT Relating to alien offenders; adding a
new section to chapter 9.94A RCW; and prescribing penalties.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A
new section is added to chapter 9.94A RCW to read as follows:
(1) Subject to the limitations of this section,
any alien offender committed to the custody of the department under the
sentencing reform act of 1981, chapter 9.94A RCW, who has been found by the
United States attorney general to be subject to a final order of deportation or
exclusion, may be placed on conditional release status and released to the
immigration and naturalization service for deportation at any time prior to the
expiration of the offender's term of confinement. Conditional release shall
continue until the expiration of the statutory maximum sentence provided by law
for the crime or crimes of which the offender was convicted. If the offender
has multiple current convictions, the statutory maximum sentence allowed by law
for each crime shall run concurrently.
(2) No offender may be released under this
section unless the secretary or the secretary's designee find that such release
is in the best interests of the state of Washington. Further, releases under
this section may occur only with the approval of the sentencing court and the
prosecuting attorney of the county of conviction.
(3) No offender may be released under this
section who is serving a sentence for a violent offense or sex offense, as
defined in RCW 9.94A.030, or any other offense that is a crime against a
person.
(4) The unserved portion of the term of
confinement of any offender released under this section shall be tolled at the
time the offender is released to the immigration and naturalization service for
deportation. Upon the release of an offender to the immigration and
naturalization service, the department shall issue a warrant for the offender's
arrest within the United States. This warrant shall remain in effect until the
expiration of the offender's conditional release.
(5) Upon arrest of an offender, the department
shall seek extradition as necessary and the offender shall be returned to the
department for completion of the unserved portion of the offender's term of
total confinement. The offender shall also be required to fully comply with
all the terms and conditions of the sentence.
(6) Alien offenders released to the immigration
and naturalization service for deportation under this section are not thereby
relieved of their obligation to pay restitution or other legal financial
obligations ordered by the sentencing court.
(7) Any offender released pursuant to this
section who returns illegally to the United States may not thereafter be
released again pursuant to this section.
(8) The secretary is authorized to take all
reasonable actions to implement this section and shall assist federal
authorities in prosecuting alien offenders who may illegally reenter the United
States and enter the state of Washington.
