BILL REQ. #:  S-1638.2 

READ FIRST TIME 02/22/05.   

     AN ACT Relating to recidivism reduction through discharge of convicted felons; amending RCW 9.94A.637; adding new sections to chapter 43.131 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) Record numbers of our citizens have been sentenced to prison over the past two decades, more than ninety percent of whom will be reentering society.
     (2) The successful reentry and reintegration of previously incarcerated men and women is important to the public safety of the state of Washington, to the health of our communities, and to the reduction of the growing costs of the criminal justice system.
     (3) A comprehensive reentry program, including the removal of unreasonable barriers to reentry, offers the best opportunity for released persons to become productive citizens.
     (4) Receipt of a certificate of discharge is critical to a released person's ultimate reintegration into society and avoidance of recidivism, including better employability, housing, and the exercise of civil rights.
     (5) It is in the public interest that a person who has satisfied all incarceration and supervision requirements of his or her sentence receive a certificate of discharge if he or she has made a good faith effort to satisfy all legal financial obligations, according to his or her means, and the legal financial obligations remain enforceable by all parties as a civil judgment.

Sec. 2   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)(a) A sentencing court may, on motion by the offender, discharge the offender's sentence prior to the offender completing the payment of legal financial obligations where the offender has made and continues to make a good faith effort to satisfy the legal financial obligations in accordance with his or her ability to pay and the repayment schedule adopted by the court, the department of corrections, or the county clerk. The offender must show that he or she has personally made a good faith effort to pay and that he or she will continue to make payments.
     (b) For purposes of this section, "good faith effort" means that the offender has either: (i) Paid the principal amount in full; or (ii) made twenty-four consecutive monthly payments, excluding any payments mandatorily deducted by the department of corrections, on his or her legal financial obligations under his or her payment agreement with the court.
     (c) A discharge of the offender's sentence under this subsection has no effect on the offender's liability to pay his or her legal financial obligations, which remain enforceable under this chapter. In addition, nothing in this subsection limits the jurisdiction of the court over the offender for the purpose of enforcing the offender's compliance with the payment of legal financial obligations or the authority of the county clerk to collect unpaid legal financial obligations as otherwise provided by statute.
     (d) This subsection applies to persons convicted as adults or in juvenile court.
     (5) Except as provided in subsection (((5))) (6) 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))) (6) 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))) (7) 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. 3   A new section is added to chapter 43.131 RCW to read as follows:
     The recidivism reduction program created by chapter . . ., Laws of 2005 (this act) shall be reviewed under this chapter and shall be terminated on June 30, 2012. The Washington state institute for public policy shall be the lead entity.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.131 RCW to read as follows:
     The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2013.
     (1) Section 1 of this act; and
     (2) The amendment of RCW 9.94A.637 by 2005 c . . . s 2 (section 2 of this act).