Z-1322.1                   _______________________________________________

 

                                                     SENATE BILL 6151

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1994 Regular Session

 

By Senators A. Smith, Ludwig, Quigley and Niemi; by request of Department of Corrections

 

Read first time 01/14/94.  Referred to Committee on Law & Justice.

 

Revising provisions relating to discharge of offenders.



          AN ACT Relating to discharge of offenders; and amending RCW 9.94A.220.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  RCW 9.94A.220 and 1984 c 209 s 14 are each amended to read as follows:

          (1) When an offender has completed the requirements of the sentence, the secretary of the department or ((his)) the secretary's designee shall notify the sentencing court, which shall discharge the offender and provide the offender with a certificate of discharge.

          (2) An offender who is not convicted of a violent offense or a sex offense and is sentenced to a term involving community supervision may be considered for a discharge of sentence by the sentencing court prior to the completion of community supervision, provided that the offender has completed at least one-half of the term of community supervision and has met all other sentence requirements.

          (3) The discharge shall have the effect of restoring all civil rights lost by operation of law upon conviction, and the certificate of discharge shall so state.  Nothing in this section prohibits the use of an offender's prior record for purposes of determining sentences for later offenses as provided in this chapter.  Nothing in this section affects or prevents use of the offender's prior conviction in a later criminal prosecution either as an element of an offense or for impeachment purposes.  A certificate of discharge is not based on a finding of rehabilitation.

          (4) Upon release from custody, the offender may apply to the department for counseling and help in adjusting to the community.  This voluntary help may be provided for up to one year following the release from custody.

 


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