Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Human Services Committee |
SSB 5190
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. |
Brief Description: Making technical corrections to community custody provisions.
Sponsors: Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Stevens, Regala and Shin; by request of Statute Law Committee and Sentencing Guidelines Commission).
Brief Summary of Substitute Bill |
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Hearing Date: 3/11/09
Staff: Linda Merelle (786-7092)
Background:
In 2008 the Legislature passed House Bill 2719 substantially reorganizing the community custody statutes and making technical changes to provisions of the Sentencing Reform Act. The Legislature further ordered that the Code Reviser report to the 2009 Legislature on any necessary amendments to implement House Bill 2719 as it was passed by the 2008 Legislature.
Summary of Bill:
In compliance with the directives of House Bill 2719, references in the following statutory provisions are changed to reflect recodified or repealed sections of the Sentencing Reform Act and provisions regarding indeterminate sentences and supervision for offenders who committed their offenses prior to July 1, 2000. The statutes affected are as follows:
RCW | RCW | RCW |
2.240.040 | 9.94A.835 | 9.95.122 |
9.41.045 | 9.94A.850 | 9.95.140 |
9.94A.030 | 9.94B.030 | 9.95.425 |
9.94A.505 | 9.94B.060 | 9.95.900 |
9.94A.633 | 9.94B.070 | 9A.76.115 |
9.94A.6332 | 9.95.011 | 13.40.135 |
9.94A.670 | 9.95.017 | 72.09.335 |
9.94A.701 | 9.95.055 | 72.09.370 |
9.94A.703 | 9.95.070 | 72.09.714 |
9.94A.704 | 9.95.090 | 72.09.716 |
9.94A.731 | 9.95.110 | 72.09.718 |
9.94A.771 | 9.95.121 | 72.09.720 |
9.94A.602 | 9.94A.605 |
The existing provision regarding the requirement that the courts impose community custody for the offense of possession of a firearm by an offender who is a criminal street gang member or associate is reorganized within the statutory scheme, and a new section regarding "Special Allegations" is created. This new section includes a special allegation provision for offenders who are alleged to be a criminal street gang member or associate.
The Department of Corrections (DOC) may impose electronic monitoring or affirmative conditions for certain sex offenders based upon a risk assessment performed by the DOC. For certain sex offenders, the Indeterminate Sentencing Review Board may impose conditions of supervision in addition to those ordered by the court. If such additional conditions are imposed, the offender may request an administrative hearing for a determination of whether the new conditions are reasonably related to: (1) the crime of conviction, (2) the offender's risk of reoffending, or (3) the safety of the community.
The Sentencing Guidelines Commission may annually propose modifications to the community custody ranges for offenders who are sentenced to the DOC. The RCWs 9.94A.545 and 9.945A.715, regarding community custody, have been repealed as a result of reorganization of some provisions of the Sentencing Reform Act.
Appropriation: None.
Fiscal Note: Requested on March 4, 2009.
Effective Date: The bill takes effect on August 1, 2009.