SENATE BILL REPORT

                  SHB 1781

              As Reported By Senate Committee On:

        Human Services & Corrections, February 26, 1998

Title:  An act relating to the monitoring of supervised offenders under the jurisdiction of the state department of corrections.

Brief Description:  Expanding the supervision management and recidivist tracking program.

Sponsors:  House Committee on Appropriations (originally sponsored by Representatives Lambert, Ballasiotes, Clements, McMorris, Talcott, Costa, Backlund, Cooke, Huff, Delvin and Thompson).

Brief History:

Committee Activity:  Human Services & Corrections:  3/26/97, 4/2/97 [DPA-WM]; 2/19/98, 2/26/98 [DPA].

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Majority Report:  Do pass as amended.

  Signed by Senators Long, Chair; Franklin, Hargrove, Schow and Stevens.

Staff:  Fara Daun (786-7459)

Background:  The supervision management and recidivist tracking program (known in the city of Redmond as SMART) is a community monitoring program for released offenders.

Prior to an offender=s release, the Department of Corrections (DOC) identifies where the offender plans to reside and then notifies the local law enforcement agency within that community.  The Department of Corrections provides the local law enforcement agency with pertinent background information on the offender=s criminal history, sentence, and community placement requirements.  Once the offender is released, local law enforcement officers begin to make regular visits to the offender in addition to the regular visits he or she may receive from his or her assigned community correction officer.  Every time a contact, whether suspicious or routine,  is made between the local law officer and the offender, the local police departments inform the Department of Corrections, in writing, regarding the status of the released offender.

This program serves as a communication link between the Department of Corrections, the local community corrections offices and the participating local law enforcement agencies.  Although cities outside of Redmond such as Aberdeen, Seattle, and Tacoma have similar programs with the same concept, the programs are not identical and are operated differently in each city.

 If this system is adopted statewide, it is anticipated that local law enforcement agencies will electronically transfer each contact report on offenders who are under DOC supervision directly into the HITS computer system data base.  HITS then electronically sends the reports on to DOC and the corrections officer who is responsible for supervising the subject.  The information will also remain in the HITS data base, where it is accessible to DOC or any other local participating police department.

Summary of Amended Bill:  The Attorney General (AG) may contract with the Department of Corrections, and any other state, local or private agency interested in implementing a supervision management and recidivist tracking program.  All programs must include a computer linkage between the AG=s main data base for homicide investigative tracking (HITS), DOC, and each local law enforcement department participating in the program.

 Local law enforcement agencies electronically transfer each contact report on offenders who are under DOC supervision directly into HITS computer system data base.  HITS then electronically sends the reports on to DOC and the corrections officer who is responsible for supervising the subject.  The information in the HITS data base is accessible to DOC or any other local participating police department.  Dormant information must be automatically archived after seven years.

Amended Bill Compared to Substitute Bill:  The striking amendment strikes the null and void clause and the pilot program because the program has been implemented and was funded in the last budget.  It also strikes language specific to the city of Redmond.

The striking amendment requires dormant information to be automatically archived after seven years.  The substitute did not contain any limit.

Appropriation:  None.

Fiscal Note:  Available.

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

Testimony For: 1997:  This program has been successful in 35 cities and should be expanded statewide. The information collected in the SMART program is often not available to the corrections officer and is valuable in determining whether the offender has committed violations of the conditions of supervision.  Supervised offenders commit fewer violations when they know that they are being monitored by law enforcement officers.

1998:  The HITS program has been in place since 1996 and is quickly becoming a national model.  The SMART program is what the Legislature requested in the direction for law enforcement to share information.  Currently, there are 50 police departments trained and participating.  Currently, there are 7,000 officers supervising over 46,000 offenders.  The program only includes offenders and the information is only for law enforcement, not for public release.

Community corrections officers want to keep offenders in compliance with their supervision terms.  This works because the offenders believe the officers when they say that they talk with police.  This tool helps with chronic offenders and is not a tool for re-arrest.  It is especially helpful in domestic violence cases.

Testimony Against: 1997/1998:  None.

Testified:  PRO:  1997:  Representative Lambert,  prime sponsor; Michael Bagley, Aberdeen Police Dept.; Stephen D. Marrs, DOC; Terry Morgan, Redmond Police Dept.; Mike Gray, DOC (concerns).  1998:  Rep. Kathy Lambert, prime sponsor (pro); Terry Morgan, Redmond (pro); Bob LaMouria, AG (pro); Stephen D. Marrs, community corrections officer (pro); Michael Bagley, Aberdeen Police (pro).