HOUSE BILL REPORT
SHB 2439
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Passed House:
February 12, 2008
Title: An act relating to requiring the governing authorities of facilities where convicted sex offenders are confined to determine the offender's immigration status and to release offenders subject to deportation into the custody of federal authorities or at a federal facility used to house persons awaiting deportation.
Brief Description: Requiring the governing authorities of facilities where convicted sex offenders are confined to determine the offender's immigration status and to release offenders subject to deportation into the custody of federal authorities or at a federal facility used to house persons awaiting deportation.
Sponsors: By House Committee on Human Services (originally sponsored by Representatives Priest, Ross, Kristiansen, Pearson, Armstrong, Crouse, Haler, Condotta, Rodne, Hinkle, Hailey, Kretz, Warnick, Bailey, Sump, Roach, Orcutt, Newhouse, Ahern, Alexander, Skinner, Blake, McCune, Morrell, Hurst, Schindler, Walsh, Smith, Campbell, VanDeWege, Rolfes, Dunn, Barlow, Herrera, Kelley, Green and McDonald).
Brief History:
Human Services: 1/22/08, 1/29/08 [DPS].
Floor Activity:
Passed House: 2/12/08, 97-0.
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON HUMAN SERVICES
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 8 members: Representatives Dickerson, Chair; Roberts, Vice Chair; Ahern, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Bailey, Darneille, McCoy and O'Brien.
Staff: Linda Merelle (786-7092).
Background:
Under current Department of Corrections (DOC) policy, the DOC, through an intake process,
gathers information from all offenders through personal interviews, background checks,
fingerprint checks with the Federal Bureau of Investigation, review of criminal history, and
other available information sources. If, during this process, information arises that indicates
that the offender may be an illegal immigrant, the name of the offender is turned over to
federal officers for further investigation. If the offender is an illegal immigrant, the
Immigration and Customs Enforcement Agency, working with the DOC, issues a detainer.
After the offender's sentence is complete, he or she will be remanded to the custody of the
federal authorities pursuant to the detainer.
Summary of Substitute Bill:
Requires the DOC and counties to determine the immigration status of every felony sex
offender. If the DOC or counties determine that the sex offender is unlawfully in the United
States, or otherwise subject to deportation, the offender shall be released to the custody of the
federal authorities.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) This bill is one of nine pieces of legislation which were proposed to take steps to
assure that another case like that of Zina Linnik does not occur. The experts "on the ground"
say that this is a policy that should be in place.
(Information only) The DOC's policy is currently very broad-based. They review all
offenders to determine whether an immigration detainer is appropriate. If a detainer is
appropriate, they contact the federal authorities who take custody of the offender once their
time is served.
(Opposed) None.
Persons Testifying: (In support) Representative Priest, prime sponsor.
(Information only) Anna Aylword, Department of Corrections.