Brief Description: Creating a task force to study voting rights and restrictions of felons.

Sponsors: Representatives Darneille, Upthegrove, Kagi, Hunt, Nixon, Hasegawa, Williams, Dickerson and Green.

Hearing Date: 2/1/06

Staff: Kathryn Leathers (786-7114).

Background:

The Washington State Constitution prohibits people convicted of an "infamous crime" from voting unless their civil rights are restored. "Infamous crime" is defined as a crime punishable by death or imprisonment in a state correctional facility; i.e., a felony. Only persons convicted of a felony may be sentenced to a state correctional facility.

A criminal sentence pursuant to a felony conviction may include: A term of incarceration; a term of supervision in the community (community custody); an obligation to pay legal financial obligations (LFOs); or a combination of incarceration, community custody, and LFOs. Legal financial obligations can include victim restitution, crime victims' compensation fees, costs of defense, court appointed attorneys fees, and fines.

Criminal sentencing in Washington underwent a significant change as a result of the Sentencing Reform Act of 1981 (SRA). Before the SRA, the Parole Board had discretion to determine, within a statutory maximum sentence, when a defendant was sufficiently rehabilitated to be released. The SRA replaced the prior sentencing structure with a determinate sentencing scheme.
A convicted felon's right to vote may be restored once his or her sentence has been discharged. This includes completion of all post-incarceration community supervision and payment of all financial obligations. Restoration of voting rights is accomplished as follows:

Convictions for Crimes Committed on or after July 1, 1984
For a person convicted of a crime committed on or after July 1, 1984, the Department of Corrections (DOC) notifies the sentencing court when the person has completed his or her sentence. Once the person has completed payment of his or her LFOs, the county clerk must then notify the sentencing court. Once the court receives adequate notification that the offender's sentence has been completed, the court then issues a certificate of discharge, which restores the civil rights of the person, including the right to vote. A copy of the certificate is also sent to the auditor for the county in which the offender was sentenced and to the DOC.

Convictions for Crimes Committed before July 1, 1984
For a person convicted of a crime committed before July 1, 1984, the Indeterminate Sentencing Review Board (Board) issues the certificate of discharge. The decision to issue a certificate is discretionary, and issuance may be denied if the Board finds that, despite completion of all sentence obligations including payment of all LFOs, discharge is not compatible with the best interests of society and the welfare of the paroled individual. The certificate is issued to the individual in person or by mail at his or her last known address.

Out of State Convictions
For persons convicted of out-of-state crimes, such persons may petition the Clemency and Pardons Board (Pardons Board), a board established within the office of the Governor, for restoration of his or her voting rights. The Pardons and Clemency Board may recommend such restoration to the Governor.

Other Provisions
The Governor may grant pardons and restore civil rights to persons convicted of felonies both before and after the SRA.

Summary of Bill:

A task force is created to study standards for restricting and restoring voting rights of felons. The task force consists of twelve members, including one representative from each of the following eight groups, appointed jointly by the president of the Senate and the speaker of the House of Representatives:

• county auditors;
• the Association of Superior Court Judges;
• criminal defense attorneys;
• prosecuting attorneys;
• businesses or organizations that primarily serve multicultural or diversity interests;
• organizations with expertise and an interest in election reforms or voting rights issues;
• organizations that represent the interest of persons concerned with the effect of acquired immunodeficiency syndrome on multicultural communities; and
• organizations that have expertise in civil liberties.

In addition, the president of the Senate will appoint one member from each of the two largest caucuses of the Senate, and the speaker of the House of Representatives will appoint one member from each of the two largest caucuses of the House of Representatives.

The task force must review the following issues:

• the current system for determining how, when, and where former felons have their right to vote restored;
• the agencies and entities that are responsible for monitoring compliance with the various conditions of a felon's sentence; how the monitoring is performed and communicated to other agencies; how the data is maintained and updated; and the fiscal impact of such monitoring; and
• the need for establishing any changes and clearer standards as it relates to the current system of restricting and restoring felon voting rights and monitoring compliance with the conditions of a felon's sentence.

Legislative members and non-legislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses pursuant to statute. Expenses of the task force are paid jointly by the Senate and the House of Representatives. Staff support is provided by the Senate Committee Services and the House of Representatives Office of Program Research.

The task force may consult with individuals from the public and private sector or ask such individuals to establish an advisory committee. Findings and recommendations must be reported to the appropriate committees of the Legislature by October 30, 2006.

The task force is terminated on January 1, 2007.

Appropriation: None.

Fiscal Note: Not requested.

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