HOUSE BILL REPORT

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.

As Reported by House Committee On:

Human Services

Title: An act relating to technical corrections to ensure accurate sentences for offenders.

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 History:

Committee Activity:

Human Services: 3/11/09, 3/19/09 [DP].

Brief Summary of Substitute Bill

  • Makes changes to multiple statutory references regarding community custody throughout the Sentencing Reform Act and the chapter regarding indeterminate sentences.

  • Allows the Indeterminate Sentencing Review Board to impose conditions of supervision for certain sex offenders in addition to those ordered by the court and allows the offender to request an administrative hearing to determine whether the new conditions are appropriate.

  • Allows the Sentencing Guidelines Commission to annually propose modifications to the community custody ranges for sentences for offenders who are sentenced to the custody of the Department of Corrections.

  • Creates a new section in the "Special Allegations" subchapter in RCW 9.94A , codifying an existing provision for the special allegation that the accused is a criminal street gang member or associate.

  • Repeals RCW 9.94A.545 regarding the terms of community custody for certain offenses.

  • Repeals RCW 9.94A.715 regarding the terms of community custody for certain offenses.

HOUSE COMMITTEE ON HUMAN SERVICES

Majority Report: Do pass. Signed by 8 members: Representatives Dickerson, Chair; Orwall, Vice Chair; Dammeier, Ranking Minority Member; Green, Klippert, Morrell, O'Brien and Walsh.

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.

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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 existing authority for the Department of Corrections (DOC) to impose electronic monitoring or affirmative conditions for certain sex offenders based upon a risk assessment performed by the DOC is reorganized here. 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.

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Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect on August 1, 2009.

Staff Summary of Public Testimony:

None.

Persons Testifying: None.

Persons Signed In To Testify But Not Testifying: None.