BILL REQ. #:  Z-0541.2 

Read first time 01/27/09.   Referred to Committee on Human Services.

     AN ACT Relating to creating an evidence-based community custody system for adult felons; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) The sentencing reform act of 1981 took effect in 1984 to make the criminal justice system accountable to the public by developing a system for the sentencing of felony offenders that structures, but does not eliminate, discretionary decisions affecting sentences.
     (2) Since passage of the sentencing reform act, the legislature has implemented a community custody system to supervise selected offenders after incarceration or in lieu of incarceration. Felons in community custody are monitored by the department of corrections community corrections officers and required to comply with conditions that focus on public safety and activities that are intended to lower the risk of reoffense. An offender is subject to sanctions, including return to incarceration, if conditions are violated.
     (3) Although the intent of community custody is to improve public safety, the community custody laws were passed incrementally, which has resulted in inconsistencies, confusion, and a lack of adherence to evidence-based principles. The costs of community custody have grown rapidly, making it imperative that resources are targeted carefully. A plan to create a comprehensive system is needed to ensure appropriate targeting of offenders and programming for adult felons. The success of Washington's juvenile rehabilitation evidence-based system provides a model for planning a cohesive adult system that will increase public safety and lower costs to taxpayers.
     (4) A wealth of criminal justice research has been conducted in the last decade, identifying which offenders to target and what programs have a positive impact on recidivism. The goals are to increase public safety through decreased recidivism and produce significant cost savings for the state.
     (5) In 2007, the legislature passed Engrossed Substitute Senate Bill No. 6157 to increase access to and coordinate offender services for offenders released from prison, and invested substantial resources. Engrossed Substitute Senate Bill No. 6157 promoted the use of evidence-based and cost-beneficial policy options to alleviate the need to build more prisons, responding to a meta-analysis of research conducted by the Washington state institute for public policy.
     (6) In 2008, the legislature reorganized and simplified community custody statutes and directed the sentencing guidelines commission to work with the courts to propose policy changes that will further simplify and improve the sentencing reform act relating to the supervision of offenders. After reviewing the national research, and the success of the evidence-based juvenile rehabilitation system in Washington state, the sentencing guidelines commission and the superior court judges' association recommend the creation of an evidence-based community custody system for felony offenders.

NEW SECTION.  Sec. 2   (1) The sentencing guidelines commission, in partnership with the courts, shall examine options for community custody and develop a plan to implement an evidence-based system of community custody for adult felons that will include the consistent use of evidence-based risk and needs assessment tools, programs, supervision modalities, and monitoring of program integrity.
     (2) The plan for the evidence-based system of community custody shall include provisions for (a) identifying offenders for whom rehabilitative programs are cost-effective; (b) identifying cost- effective rehabilitative programs; (c) monitoring the system to ensure that it operates in a cost-effective manner; and (d) providing annual reports to the legislature on the costs and benefits of the system.
     (3) When planning the evidence-based system of community custody required by this section, the sentencing guidelines commission and the courts shall consult with the following:
     (a) The Washington state institute for public policy;
     (b) The legislature;
     (c) The department of corrections;
     (d) Local governments;
     (e) Prosecutors;
     (f) Defense attorneys;
     (g) Victim advocate groups;
     (h) Law enforcement;
     (i) The Washington federation of state employees; and
     (j) Any other persons or groups deemed appropriate by the sentencing guidelines commission or the courts.
     (4) The sentencing guidelines commission shall report its recommendations to the governor and the legislature by December 1, 2009.