Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Criminal Justice & Corrections Committee

SSB 6240

Brief Description:  Clarifying the procedure for providing offenders with a certificate of discharge.

Sponsors:  Senate Committee on Human Services & Corrections (originally sponsored by Senators Franklin, Shin, Kline, Regala, Prentice and Costa).

Brief Summary of Substitute Bill

$Limits the number of offenders of which the Department of Corrections (DOC) must notify the sentencing court when the offenders complete their sentences.

$Requires the courts and the Indeterminate Sentence Review Board (ISRB) to give certificates of discharge in person or by mail.

$Requires the courts and the ISRB to mail certificates of discharge to the county auditors.

$Requires the DOC to create and maintain a database containing certificate of discharge information.

Hearing Date:  2/27/02

Staff:  Jim Morishima (786‑7191).

Background:

Article VI, Section 6 of the state Constitution prohibits "all persons convicted of infamous crimes" from voting unless they have their civil rights restored.  "Infamous crime" is defined in statute as "a crime punishable by death in the state penitentiary or imprisonment in a state correctional facility;" i.e., felonies.

A convicted felon's right to vote is restored once his or her sentence has been discharged.  This includes payment of any legal financial obligations.  Restoration of voting rights is accomplished as follows:

$For a person convicted of a crime committed on or after July 1, 1984, the DOC notifies the sentencing court when the person completes his or her sentence.  The court then issues a certificate of discharge, which restores the civil rights of the person, including the right to vote.

$For a person convicted of a crime committed before July 1, 1984, the ISRB issues the certificate of discharge.

$For a person convicted of an out‑of‑state crime, the person may petition the Clemency and Pardons Board for restoration of his or her voting rights.  The board may recommend such restoration to the Governor.

Summary of Bill:

The DOC must notify the sentencing court when an offender completes the requirements of his or her sentences only for offenders who are under the custody and supervision of the department.  The court must issue the certificate of discharge to the offender in person or by mailing the certificate to the offender's last known address.  The court must send the certificate to the auditor for the county in which the court resides and to the DOC.

The ISRB must issue a certificate of discharge to the offender in person or by mailing the certificate to the offender's last known address.  The ISRB must send to the certificate to the auditor for the county in which the offender was sentenced and to the DOC.

The DOC must create and maintain a database containing the names of all felons who have been issued certificates of discharge, the date of discharge, and the date of conviction and offense.

Appropriation:  None.

Fiscal Note:  Requested on February 19, 2002.

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