CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 6240
2002 Regular Session
Passed by the Senate February 14, 2002
YEAS 48 NAYS 0
President of the Senate
Passed by the House March 5, 2002
YEAS 73 NAYS 22
I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6240 as passed by the Senate and the House of Representatives on the dates hereon set forth.
Speaker of the
House of Representatives
Governor of the State of Washington
Secretary of State
State of Washington
SUBSTITUTE SENATE BILL 6240
Passed Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002 Regular Session
By Senate Committee on Human Services & Corrections (originally sponsored by Senators Franklin, Shin, Kline, Regala, Prentice and Costa)
READ FIRST TIME 02/07/2002.
AN ACT Relating to notice to felons regarding restoration of voting rights; amending RCW 9.94A.637 and 9.96.050; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature recognizes that an individual's right to vote is a hallmark of a free and inclusive society and that it is in the best interests of society to provide reasonable opportunities and processes for an offender to regain the right to vote after completion of all of the requirements of his or her sentence. The legislature intends to clarify the method by which the court may fulfill its already existing direction to provide discharged offenders with their certificates of discharge.
Sec. 2. RCW 9.94A.637 and 2000 c 119 s 3 are each amended to read as follows:
When an offender has completed ((
the)) all requirements of the
sentence, including any and all legal financial obligations, and while under
the custody and supervision of the department, the secretary (( of the
department)) or the secretary's designee shall notify the sentencing court,
which shall discharge the offender and provide the offender with a certificate
of discharge by issuing the certificate to the offender in person or by
mailing the certificate to the offender's last known address.
(2) The court shall send a copy of every signed certificate of discharge to the auditor for the county in which the court resides and to the department. The department shall create and maintain a data base containing the names of all felons who have been issued certificates of discharge, the date of discharge, and the date of conviction and offense.
(3) An offender who is not convicted of a violent offense or a sex offense and is sentenced to a term involving community supervision may be considered for a discharge of sentence by the sentencing court prior to the completion of community supervision, provided that the offender has completed at least one-half of the term of community supervision and has met all other sentence requirements.
(4) Except as provided in subsection (( (4))) (5) of this
section, the discharge shall have the effect of restoring all civil rights lost
by operation of law upon conviction, and the certificate of discharge shall so
state. Nothing in this section prohibits the use of an offender's prior record
for purposes of determining sentences for later offenses as provided in this
chapter. Nothing in this section affects or prevents use of the offender's
prior conviction in a later criminal prosecution either as an element of an
offense or for impeachment purposes. A certificate of discharge is not based
on a finding of rehabilitation.
(5) Unless otherwise ordered by the sentencing court, a certificate of
discharge shall not terminate the offender's obligation to comply with an order
issued under chapter 10.99 RCW that excludes or prohibits the offender from
having contact with a specified person or coming within a set distance of any
specified location that was contained in the judgment and sentence. An
offender who violates such an order after a certificate of discharge has been
issued shall be subject to prosecution according to the chapter under which the
order was originally issued.
(6) Upon release from custody, the offender may apply to the department
for counseling and help in adjusting to the community. This voluntary help may
be provided for up to one year following the release from custody.
Sec. 3. RCW 9.96.050 and 1993 c 140 s 4 are each amended to read as follows:
a prisoner on parole has performed ((
the)) all obligations of his
or her release, including any and all legal financial obligations, for
such time as shall satisfy the indeterminate sentence review board that his or
her final release is not incompatible with the best interests of society and
the welfare of the paroled individual, the board may make a final order of
discharge and issue a certificate of discharge to the prisoner. The
certificate of discharge shall be issued to the offender in person or by mail
to the prisoner's last known address.
The board shall send a copy of every signed certificate of discharge to the auditor for the county in which the offender was sentenced and to the department of corrections. The department shall create and maintain a data base containing the names of all felons who have been issued certificates of discharge, the date of discharge, and the date of conviction and offense.
The board retains the jurisdiction to issue a certificate of discharge after the expiration of the prisoner's or parolee's maximum statutory sentence. If not earlier granted, the board shall make a final order of discharge three years from the date of parole unless the parolee is on suspended or revoked status at the expiration of the three years. Such discharge, regardless of when issued, shall have the effect of restoring all civil rights lost by operation of law upon conviction, and the certification of discharge shall so state. This restoration of civil rights shall not restore the right to receive, possess, own, or transport firearms.
The discharge provided for in this section shall be considered as a part of the sentence of the convicted person and shall not in any manner be construed as affecting the powers of the governor to pardon any such person.
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