H-2433.2 _______________________________________________
HOUSE BILL 2247
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representatives D. Schmidt, Huff, Talcott, Benson, Mastin, Parlette and Clements
Read first time 03/10/97. Referred to Committee on Criminal Justice & Corrections.
AN ACT Relating to alien offenders; and amending RCW 9.94A.280.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.94A.280 and 1993 c 419 s 1 are each amended to read as follows:
(1) Subject to the limitations of this section, any alien offender committed to the custody of the department under the sentencing reform act of 1981, chapter 9.94A RCW, who has been found by the United States attorney general to be subject to a final order of deportation or exclusion, may be placed on conditional release status and released to the immigration and naturalization service for deportation at any time prior to the expiration of the offender's term of confinement. Conditional release shall continue until the expiration of the statutory maximum sentence provided by law for the crime or crimes of which the offender was convicted. If the offender has multiple current convictions, the statutory maximum sentence allowed by law for each crime shall run concurrently.
(2)
No offender may be released under this section unless the secretary or the
secretary's designee ((find [finds])) finds that such release is
in the best interests of the state of Washington. ((Further, releases under
this section may occur only with the approval of the sentencing court and the
prosecuting attorney of the county of conviction.))
(3)
No offender may be released under this section who is serving a sentence for a serious
violent offense or sex offense, as defined in RCW 9.94A.030((, or any other
offense that is a crime against a person)).
(4) The unserved portion of the term of confinement of any offender released under this section shall be tolled at the time the offender is released to the immigration and naturalization service for deportation. Upon the release of an offender to the immigration and naturalization service, the department shall issue a warrant for the offender's arrest within the United States. This warrant shall remain in effect until the expiration of the offender's conditional release.
(5) Upon arrest of an offender, the department shall seek extradition as necessary and the offender shall be returned to the department for completion of the unserved portion of the offender's term of total confinement. The offender shall also be required to fully comply with all the terms and conditions of the sentence.
(6) Alien offenders released to the immigration and naturalization service for deportation under this section are not thereby relieved of their obligation to pay restitution or other legal financial obligations ordered by the sentencing court.
(7) Any offender released pursuant to this section who returns illegally to the United States may not thereafter be released again pursuant to this section.
(8) The secretary is authorized to take all reasonable actions to implement this section and shall assist federal authorities in prosecuting alien offenders who may illegally reenter the United States and enter the state of Washington.
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