HOUSE BILL REPORT
SSB 6548
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 offenders on parole or probation.
Brief Description: Suspending the parole or probation of an offender who is charged with a new felony offense in certain conditions.
Sponsors: Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Carrell, Stevens, Kauffman and Roach).
Brief History:
Committee Activity:
Human Services: 2/17/10, 2/22/10 [DP].
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON HUMAN SERVICES |
Majority Report: Do pass. Signed by 8 members: Representatives Dickerson, Chair; Orwall, Vice Chair; Dammeier, Ranking Minority Member; Darneille, Green, Herrera, O'Brien and Walsh.
Staff: Linda Merelle (786-7092).
Background:
Parole.
Offenders who committed offenses before July 1, 1984, or offenders sentenced to certain sex offenses on or after September 1, 2001, are subject to parole under the jurisdiction of the Indeterminate Sentencing Review Board (Board). The Board may take a variety of actions when an offender violates the terms of his or her parole, including suspension of parole pending the disposition of new criminal charges.
Interstate Compact for Adult Offender Supervision.
Congress has expressly authorized states to enter into compacts or agreements such as the Interstate Compact for the Supervision of Adult Offenders (Interstate Compact). In 2001 pursuant to Substitute Senate Bill 5118, the Legislature enacted the Interstate Compact into Washington law. The Interstate Compact provides a formal means for controlling the interstate movement for offenders who are under the supervision of a member state's department of corrections. All 50 states plus Puerto Rico, the U.S. Virgin Islands, and the District of Columbia are members of the Interstate Compact.
Under the Interstate Compact, an Interstate Commission is created which establishes uniform procedures to manage the movement between states of adults placed under supervision. The Interstate Commission has the power to adopt bylaws governing the management and operation of the Interstate Commission and to make rules which have the force and effect of statutory law. Such rules are binding upon the states that are members of the Interstate Compact.
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Summary of Bill:
The Indeterminate Sentencing Review Board who has jurisdiction over a parolee or the Department of Corrections, supervising an offender pursuant to the Interstate Compact, may suspend the parole or supervision of an offender, respectively, if he or she is charged with a new felony offense. During the suspension, the offender may be placed in total confinement pending the disposition of the new charges. The act makes it clear that offenders from out-of-state are supervised and subject to the same conditions and sanctions as Washington offenders.
This act applies retrospectively, and thus to all offenders who committed their crimes before, on, or after its effective date.
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Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.
Staff Summary of Public Testimony:
(In support) The bill gives the Department of Corrections authority that it did not have in the Clemmons matter. The Department of Corrections would be able to hold an offender on a department hold rather than a hold by the sending state. This bill applies to individuals on parole rather than community supervision.
(Opposed) None.
Persons Testifying: Scott Blonien, Department of Corrections.
Persons Signed In To Testify But Not Testifying: None.