SENATE BILL REPORT

                   SB 5919

              As Reported By Senate Committee On:

          Human Services & Corrections, March 5, 1997

                 Ways & Means, March 10, 1997

Title:  An act relating to the special sex offender sentencing alternative.

Brief Description:  Authorizing a study of the special sex offender sentencing alternative.

Sponsors:  Senators Roach, Winsley, Stevens, Zarelli, Wood, Schow and Oke.

Brief History:

Committee Activity:  Human Services & Corrections:  3/4/97, 3/5/97 [DPS-WM].

Ways & Means:  3/7/97, 3/10/97 [DPS (HSC)]

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Majority Report:  That Substitute Senate Bill No. 5919 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

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

Staff:  Andrea McNamara (786-7483)

SENATE COMMITTEE ON WAYS & MEANS

Majority Report:  That Substitute Senate Bill No. 5919 as recommended by Committee on Human Services & Corrections be substituted therefor, and the substitute bill do pass.

  Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Brown, Fraser, Hochstatter, Long, McDonald, Roach, Rossi, Schow, Sheldon, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli.

Staff:  Bryon Moore (786-7726)

Background:  The Special Sex Offender Sentencing Alternative (SSOSA) was created by the Legislature in 1986 as a treatment-oriented sanction available under limited circumstances.

Before the court may impose SSOSA, the offender must be evaluated and found amenable to treatment.  The court is required to consider the victim's opinion on whether the treatment alternative is appropriate and must also find that the offender and the community will benefit from it.

A number of reviews and studies have been conducted on SSOSA since its creation.

In June, 1991, Harborview Medical Center and Urban Policy Research did a study of decision-making and recidivism for early SSOSA cases.  The decision-making focused on points of view from community corrections officers, judges, and treatment providers.

Victim attitudes toward SSOSA have not been studied in any systematic way.   Similarly, there has not been any national research done to study the consequences of family reunification efforts in cases of incest and child sexual abuse.

The 1991 survey of professionals included questions about how much they were influenced by victim factors.  All three groups considered the level of force as the most important variable, and also paid close attention to the degree of harm caused to the victim.  The study also found that offenders whose victims were older than 14 were the least likely to get SSOSA.

In February 1995, the Washington State Institute for Public Policy published a report that updated the recidivism activity of the same group of SSOSA recipients and compared it to sex offenders who did not receive SSOSA.  The reoffense rates for SSOSA offenders were found to be 11 percent as measured by rearrest rates over a seven year follow-up. The report also identified that selection criteria appeared to have a greater impact on recidivism than the type of treatment provided.

Summary of Substitute Bill:  Legislative findings and intent are specified relating to the lack of any systematic evaluation of impact on victims of the special sex offender sentencing alternative (SSOSA).  The intent section declares a need for such an analysis to assist the Legislature in determining the extent to which SSOSA continues to serve the purposes for which it was enacted.

The Department of Community, Trade, and Economic Development is directed to contract with the Harborview Medical Center Sexual Assault Center to conduct a study of SSOSA's impact on victims, with money appropriated by the Legislature.

The scope of the study is specified to include a geographically diverse sample of at least 200 victims whose offenders received SSOSA at least four years prior to commencement of the study.  The issues to be researched and analyzed include the following:  (1) victims' attitudes and perceptions about SSOSA before sentencing and after their offenders' participation in the program; (2) if victims' attitudes had changed over time, the variables influencing the changes; and (3) the relationship, if any, between victims' attitudes about SSOSA and their current psychological and social functioning.

The due date for the study is December 1, 1998.   The report must include a description of the methodology, findings and conclusions, and recommendations, if any, on ways to improve SSOSA to better serve its purposes.

Substitute Bill Compared to Original Bill:  New findings and intent language is substituted.  The scope of the study is refined and more specifically identified.  The issues to be researched and analyzed are revised.  The elements to be included in the report are modified.

Appropriation:  None.

Fiscal Note:  Available.

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

Testimony For:  This would be a valuable study to assist the Legislature in understanding victims' issues relating to sexual abuse and sex offending.  Harborview Sexual Assault Center is a excellent choice for conducting the study because of its expertise in handling victims' issues.

Testimony Against:  None.

Testified:  Senator Pam Roach, prime sponsor (pro); Debbie Ruggles, Washington Coalition of Sexual Assault Programs (pro).