SENATE BILL REPORT

                   SB 5097

                    As of January 17, 1997

Title:  An act relating to no‑contact restrictions on sentences.

Brief Description:  Extending no‑contact restrictions on sentences to time in confinement.

Sponsors:  Senators Roach and Swecker.

Brief History:

Committee Activity:  Law & Justice:  1/23/97.

SENATE COMMITTEE ON LAW & JUSTICE

Staff:  Mal Murphy (786-7412)

Background:  Under the Sentencing Reform Act the sentencing court may impose crime-related restrictions prohibiting the offender from having contact with specific individuals or with a specified class of individuals.  This enables the court to restrict the offender=s contact with persons who may be vulnerable to victimization by the offender.  The prohibition must relate directly to the circumstances of the crime for which the offender was convicted and may continue to remain in effect up to the maximum allowable sentence for the crime.

Currently, no-contact restrictions imposed by the court clearly apply during the period of community supervision.  The law does not state explicitly, however, whether no-contact restrictions may also apply during incarceration.

Summary of Bill:  The law is clarified to provide that any order that a sentencing court issues prohibiting an offender from having contact with specified individuals or classes of individuals takes effect as soon as the judgment and sentence is signed.

The Legislature=s stated intention is that the act be given retroactive effect to the greatest extent consistent with the defendant=s constitutional rights.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  The bill contains an emergency clause and takes effect on July 1, 1997.