Brief Description: Revising provisions relating to sex offender sentencing and disposition alternatives.

Sponsors: Representatives O'Brien, Pearson, Ericks, Rodne, Kilmer, Green, Sells, McDonald, P. Sullivan, McCoy, Simpson, Moeller, Morrell, Lantz and Linville; by request of Attorney General.

Hearing Date: 1/26/06

Staff: Jim Morishima (786-7191).

Background:

I. The Special Sex Offender Sentencing Alternative

In 1984, the Legislature created the Special Sex Offender Sentencing Alternative (SSOSA). A SSOSA sentence consists of a suspended standard range sentence, incarceration for up to 12 months, treatment for up to five years, and a term of community custody. An offender is eligible for a SSOSA sentence if: (1) he or she is convicted of a sex offense that is not a serious violent offense or rape in the second degree, (2) he or she has no prior felony sex offenses, (3) he or she has no prior adult violent offenses within five years of the current offense, (4) the current offense did not cause substantial bodily harm to the victim, (5) he or she has an established relationship or connection to the victim, and (6) his or her standard sentence range includes the possibility of incarceration for less than 11 years.

II. The Special Sex Offender Disposition Alternative

Similar to SSOSA, the Special Sex Offender Disposition Alternative (SSODA) consists of shorter terms of incarceration coupled with treatment in the community for juvenile offenders. An offender is eligible for a SSODA disposition if he or she was convicted of a sex offense that is not a serious violent offense and has no history of a prior sex offense.

III. North Carolina v. Alford

In North Carolina v. Alford, 400 U.S. 25 (1970), the United States Supreme Court ruled that the Constitution allows an offender to enter a plea of guilty without admitting guilt for the underlying crime. This type of plea has been come to be known as an "Alford plea."

Summary of Bill:

In order to be eligible for a SSOSA or SSODA, an offender who receives the alternative or disposition pursuant to a guilty plea must admit he or she committed the underlying offense. A SSOSA or SSODA is not available to an offender to enter an Alford plea.

Appropriation: None.

Fiscal Note: Requested on January 12, 2006.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.