HOUSE BILL ANALYSIS

HB 1222

Title:An act relating to earned early release.

Brief Description:Limiting certain offenses to no more than fifteen percent good time credits.

Sponsors: Representatives Carrell and Ballasiotes.

HOUSE COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS

Staff: Yvonne Walker (786-7841)

Background:  Under the Sentencing Reform Act, felony offenders receive determinate sentences.  A determinate sentence is one where the length of confinement is determine at the time of sentencing; the sentence length generally is not subject to alteration based on events occurring after the sentence is imposed.

Earned Early Release Programs.  The primary exception to this system of determinate sentencing involves the operation of earned early release programs. This program allows inmates to shorten their sentence length if they display good behavior by participating in work, education, or treatment programs and by not violating prison or jail rules during confinement.   Washington law authorizes these programs to be operated both in local jails and state prisons.

Limitations on Earned Early Credits.  There are limitations on how much a sentence can be reduced through earned early release both within local jails and state prisons.  The maximum amount that a felony sentence can be reduced varies depending on the inmate=s offense:

CNo more than 15 percent of the sentence may be reduced for serious violent offenses and for class A sex offenses; and

CNo more than 33 percent of the sentence may be reduced for all other felonies.

Summary:   The maximum amount that a sentence can be reduced through the earned early release program is changed from 33 percent to 15 percent for the following offenses: first-degree  robbery, second-degree robbery, first-degree manslaughter, second-degree manslaughter, second-degree assault, or any attempt, conspiracy, or solicitation to commit one of these offenses.

Require the Exercise of Rule- Making Powers:  No

Fiscal Note:   Requested on January 28, 1997.

Effective Date:  Ninety days after adjournment of session in which bill is passed.