5288-S.E AMH .... MERE 117

ESSB 5288 - H AMD TO H WAYS COMM AMD (H-3253.4/09) 855

By Representative Pearson

FAILED 4/21/2009

    On page 1, after line 2 of the striking amendment, insert the following:

"NEW SECTION. Sec. 1.  A new section is added to chapter 9.94A RCW to read as follows:

    The legislature finds that Washington state has one of the lowest incarceration rates in the nation.  Earned release time for felony offenders of fifteen percent, thirty-three percent and fifty percent are based on the promise of community supervision among other things to ensure our communities remain safe.  It is the intent of the legislature to ensure by this act that high risk offenders and offenders convicted of fourth degree assault, violation of a domestic violence court order and who also have a prior conviction for a previous violent offense; sex offense; crime against a person; fourth degree assault; or violation of a domestic violence court order; and offenders convicted of sexual misconduct with a minor second degree; custodial sexual misconduct second degree; communication with a minor for immoral purposes; or failure to register are adequately supervised to maintain an adequate level of public safety."

    Renumber remaining sections consecutively and correct any internal references accordingly.

    On page 46, after line 29, insert the following:

    "NEW SECTION. Sec. 16. (1) In order to provide supervision of misdemeanant offenders ordered to probation and felony offenders sentenced to community custody whose risk assessment, conducted pursuant to section 1(1)(5) and section 2(1)(5) of this act, places the offender in one of the two highest risk categories, and offenders sentenced for a misdemeanor or gross misdemeanor in superior court pursuant to subsections (1)(b)(iii) and (iv) of sections 1 and 2, for any budget adopted by the legislature for the 2009-11 biennium, the number of full-time equivalent positions for the community corrections program of the department of corrections shall be the same as or greater than the number in the 2007-09 biennial budget as enacted by the legislature in 2008.

    (2) For any budget adopted by the legislature for the 2009-11  biennium, the number of full-time equivalent positions for the community corrections program of the department of corrections shall be the same as or greater than the number in the 2007-09 biennial budget as enacted by the legislature in 2008."

    Renumber remaining sections consecutively and correct any internal references accordingly.

    Correct the title.

EFFECT:   (1) Adds an intent section to the bill regarding the supervision of high risk offenders.

           (2) States that in order to provide supervision of high risk felony and misdemeanor offenders specified in this act, the number of corrections officers in the 2009-11 biennial budget must be at least the same as in the 2007-09 biennial budget.

           (3) Requires the budget for the Department of Corrections to maintain at least 1593 full time equivalent positions in the community corrections program for the 2009-11 biennium.

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