BILL REQ. #:  H-2332.1 

READ FIRST TIME 03/07/05.   

     AN ACT Relating to tracking the voter registration of former felons; amending RCW 9.94A.637; adding new sections to chapter 29A.08 RCW; adding a new section to chapter 9.94A RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) Voting is part of the fabric of our democracy and, by increasing voter participation, restoring the right to vote to former felons both strengthens democracy and reintegrates ex felons into society;
     (b) The system for determining how, when, and where former felons have their right to vote restored is contributing to uncertainty about the validity of the election process and local county auditors find it impossible to access clear information about this determination; and
     (c) Washington currently denies the right to vote to all persons who have not completed their terms of community custody or fully paid legal financial obligations, even though they have completed all other requirements of their felony sentences.
     (2) The legislature intends to establish a clear standard for the restoration of the voting rights of former felons and to institute a data system in the office of the secretary of state that will provide information about former felon voting rights that will be available to local election officials.

NEW SECTION.  Sec. 2   A new section is added to chapter 29A.08 RCW to read as follows:
     (1) Except as provided in subsection (4) of this section, the civil right to vote is restored to a person convicted of a felony upon completion of any term of confinement imposed under chapter 9.94A RCW. Except as provided in subsection (4) of this section, this subsection applies to any offender:
     (a) Currently serving a sentence for a crime committed prior to the effective date of this act; or
     (b) Convicted, on or after the effective date of this act, of a crime committed before, on, or after the effective date of this act.
     (2) This section does not impair or alter an offender's ability to obtain a certificate of discharge if eligible under RCW 9.94A.637.
     (3) This section does not affect or prevent the enforcement of legal financial obligations or the offender's obligation to comply with an order issued under chapter 10.99 RCW or any other legal authority 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.
     (4) An offender may not have his or her right to vote restored under any circumstances if he or she:
     (a) Has previously had his or her right to vote restored under subsection (1) of this section; and
     (b) Is subsequently convicted of a crime committed on or after the effective date of this act.

Sec. 3   RCW 9.94A.637 and 2004 c 121 s 2 are each amended to read as follows:
     (1)(a) When an offender has completed all requirements of the sentence, including any and all legal financial obligations, and while under the custody and supervision of the department, the secretary 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.
     (b)(i) When an offender has reached the end of his or her supervision with the department and has completed all the requirements of the sentence except his or her legal financial obligations, the secretary's designee shall provide the county clerk with a notice that the offender has completed all nonfinancial requirements of the sentence.
     (ii) When the department has provided the county clerk with notice that an offender has completed all the requirements of the sentence and the offender subsequently satisfies all legal financial obligations under the sentence, the county clerk shall notify the sentencing court, including the notice from the department, 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.
     (c) When an offender who is subject to requirements of the sentence in addition to the payment of legal financial obligations either is not subject to supervision by the department or does not complete the requirements while under supervision of the department, it is the offender's responsibility to provide the court with verification of the completion of the sentence conditions other than the payment of legal financial obligations. When the offender satisfies all legal financial obligations under the sentence, the county clerk shall notify the sentencing court that the legal financial obligations have been satisfied. When the court has received both notification from the clerk and adequate verification from the offender that the sentence requirements have been completed, the court 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 (5) of this section, the discharge shall have the effect of restoring all civil rights lost by operation of law upon conviction, except the right to vote, and the certificate of discharge shall so state. An offender's right to vote may only be restored under section 2 of this act. 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.

NEW SECTION.  Sec. 4   A new section is added to chapter 9.94A RCW to read as follows:
     (1) If an offender has previously had his or her right to vote restored under section 2 of this act and is subsequently convicted of a crime committed on or after the effective date of this act, the sentencing court shall send notice to the secretary of state that the offender has permanently lost his or her right to vote.
     (2) The notice must contain the county where the current conviction occurred and the last known residence of the offender, if any.

NEW SECTION.  Sec. 5   A new section is added to chapter 29A.08 RCW to read as follows:
     Upon receipt of notice under section 4 of this act that an offender has permanently lost his or her right to vote, the secretary of state shall maintain the information in the elections data base. The secretary of state shall transmit notice that the offender has lost the right to vote to every county auditor in this state.