Brief Description: Making persons convicted of felony hit and run ineligible for fifty percent earned release credits.

Sponsors: Representatives O'Brien, Ahern, Kagi, Darneille, Simpson, G., Campbell and Lovick.

Hearing Date: 1/28/04

Staff: Jim Morishima (786-7191).

Background:

I. Earned Release

An offender incarcerated in state prison is eligible to accrue earned release credits for good behavior and good performance. An offender convicted of a serious violent or class A felony sex offense committed on or after July 1, 2003, may accrue earned release credits totaling no more than 10 percent of his or her total sentence. An offender convicted for an offense committed on or after July 1, 2003, may accrue earned release credits totaling no more than 50 percent of his or her total sentence if he or she:

•    Is classified in the two lowest risk categories; and

•    Has no current or prior conviction for a sex offense, a violent offense, a crime against persons, felony domestic violence, residential burglary, delivery or possession with intent to delivery methamphetamine (or an attempt, solicitation, or conspiracy to do so), or delivery of a controlled substance to a minor (or an attempt, solicitation, or conspiracy to do so).

II. Hit and Run

A driver who is involved in an accident resulting in injury or death to any person must stop his or her vehicle at the scene of the accident. The driver must then give his or her name, address, insurance company, insurance policy number, and vehicle license number to any person struck or injured and to the driver or occupant of the other vehicle or vehicles involved in the accident.

The driver is also required to render reasonable assistance to any person injured in the accident. Failure to follow these requirements in an accident resulting in a death is a class B felony with a seriousness level of IX. Failure to follow these requirements in an accident resulting in an injury is a class C felony with a seriousness level of IV.

Summary of Bill:

An offender who has a current conviction for hit and run when the accident in question resulted in death or injury is ineligible to receive 50 percent earned release credits. This decrease in eligibility only applies to offenders who have not received such credits as of the effective date of the act and does not require the Department of Corrections to re-incarcerate offenders who have already been released because of 50 percent earned release credits.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill contains an emergency clause and takes effect immediately.