HOUSE BILL ANALYSIS

SB 5140

Title:An act relating to community placement of offenders.

Brief Description:Revising provisions relating to community placement of offenders.

Sponsors: Senators Long, Zarelli, Schow, Kohl, Franklin, Hargrove and Winsley; by request of Department of Corrections.

HOUSE COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS

Staff:Yvonne Walker (786-7841)

Background:  The 1996 Legislature changed the legal status of certain sex offenders under supervision in the community by the Department of Corrections (DOC).

Sex offenders given the Special Sex Offender Sentencing Alternative (SSOSA) do not accrue earned early release credits while serving their suspended sentences on community supervision.  Under the terms of last year=s legislation, SSOSA offenders are now required to serve their suspended sentences under Acommunity custody@ status, rather than Acommunity supervision@ status.

All other sex offenders sentenced to supervision after release from prison are required to serve their complete terms of supervision under Acommunity custody@ status rather than as a combination of Acommunity custody@ and Apost-release supervision@ status.

The change in status was intended to accomplish two primary goals: (1) affording the DOC additional authority to impose supervision conditions beyond those ordered by the court at the time of sentencing; and (2) allowing violations of conditions to be handled administratively rather than by the court.

Summary:  Offenders participating in the Special Sex Offender Sentencing Alternative (SSOSA) are prohibited from accruing any earned early release time while serving their suspended SSOSA sentences.

The Department of Corrections (DOC) is authorized to impose additional conditions on all offenders, including non-sex offenders, sentenced to community custody for crimes committed on or after June 6, 1996.  The department may impose appropriate conditions of supervision beyond those ordered by the court at the time of sentencing.

An additional condition of supervision is added for all offenders on community placement, prohibiting them from unlawfully possessing controlled substances.

Require the Exercise of Rule- Making Powers:  No.

Fiscal Note:  Available.

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