SENATE BILL REPORT

                  HJM 4009

              As Reported By Senate Committee On:

         Human Services & Corrections, March 21, 1995

Brief Description:  Asking Congress to consider various options regarding alien offenders.

Sponsors:  Representatives Mastin, Ballasiotes, Patterson, Backlund, Campbell, Sherstad, Elliot, Robertson and Costa.

Brief History:

Committee Activity:  Human Services & Corrections:  3/21/95 [DP].

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Majority Report:  Do pass.

  Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Kohl, Long, Moyer, Palmer, Prentice, Schow, Smith and Strannigan.

Staff:  Dennis Martin (786-7403)

Background:  Approximately 8 percent of the offenders under the supervision of the Department of Corrections are illegal aliens.  The state of Washington  is currently funding the costs for the arrest, conviction, and supervision of illegal alien offenders.

An offender serving a sentence for a violent offense, sex offense, or any crime against a person may not be released for purposes of deportation.

Under international treaty, an illegal alien offender may be deported to a prison in his or her respective country, if the offender agrees to be deported.

Summary of Bill:  Congress is requested to recognize the economic burden placed on the state of Washington due to the failure of the Immigration and Naturalization Service to regulate the number of illegal aliens entering the United States.

The federal government should fully compensate the state of Washington for the costs of incarcerating illegal alien offenders.  In the alternative, a mechanism for deporting illegal alien offenders to prisons in their respective countries should be established by federal decree.  By treaty, this process should maintain sentencing parity and provide reimbursement for the incarceration of the deported offenders.

Appropriation:  None.

Fiscal Note:  Not requested.

Testimony For:  8 percent of the offenders in the correctional system are illegal aliens, most of whom are nonviolent drug offenders.  Current federal funds available to assist states are limited.

Testimony Against:  None.

Testified:  Tom Rolf, Dept. of Corrections.