HOUSE BILL ANALYSIS
HB 1030
Title:An act relating to offender scoring while under supervision.
Brief Description:Increasing offender scoring while under supervision.
Sponsors: Representatives Chandler and Mulliken.
HOUSE COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS
Staff:Yvonne Walker (786-7841)
Background:
Adults. Under the Sentencing Reform Act (SRA) an offender convicted of a felony has a standard sentence range that is based on considering the seriousness of the offense and the offender=s felony convictions. The number of points an offender receives for current and prior felonies varies according to certain rules.
If an offender is convicted of a felony the offender committed while on Acommunity placement@ the offender is given one additional point. The effect of receiving an additional point means that the standard sentence range is longer.
ACommunity placement@ is a technical term in the Sentencing Reform Act, and essentially refers to a period of supervision over a prisoner after release from state prison. There are two types of two types of community placements: one is called Acommunity custody@ and the other is Apost release supervision.@
ACommunity custody@ means that period of time the offender received for good time and good performance. Post release supervision is a period of court ordered supervision ordered regardless of any earned good time credits.
ACommunity supervision@ is a technical term in the Sentencing Reform Act and includes up to one year in the county jail and one year of supervision in the community. An offender who commits a felony while on community supervision does not receive added points.
Juveniles. Under the Juvenile Justice Act a juvenile offender also has a standard range for his or her crime. That range is developed in part by calculating offender Apoints.@ Points are based upon present and past crimes, age, type of offense, and recency. These factors are calculated and put into a juvenile sentencing grid. The results determine a sentencing range for that particular youth. If an offender commits an offense while under parole following release from a state institution the calculation is increased by a factor of 5%.
Youth who are not committed to a state institution are usually placed on a type of probation known as Acommunity supervision.@ In addition, all youth receiving a deferred adjudicated case are required to be placed in community supervision. An offender=s point calculation is not increased by 5% if the offender commits a new crime while on community supervision.
Summary:Conviction scores/points are increased for adult and juvenile felony offenders who commit an offense while on community supervision or community placement status.
Adults. Adult offenders committing crimes while on Acommunity supervision@ and Acommunity custody,@ status will automatically be charged an additional point under the adult offender score grading mechanism.
Juveniles. The current offensive point calculation for a juvenile offender who commits a new offense while on Acommunity supervision@ or Adeferred adjudication@ will automatically be increased by a factor of five percent.
Note: * Since the term Acommunity custody@ is a type of Acommunity placement,@ it is probably not necessary to include community custody in this amendment. However, if it is preferable to include the term Acommunity custody@ then the term Apost release@ supervision might also be included as a way to include both types of community placement.
* Since a juvenile offender under Adeferred adjudication@ status is also under Acommunity supervision@ status it is probably not necessary to include both terms in this amendment.
Require the Exercise of Rule- Making Powers:No
Fiscal Note: Requested January 15, 1997.
Effective Date: Ninety days after adjournment of session in which bill is passed.