SHB 1547 -
By Representative Santos
FAILED 03/02/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 9.94A.685 and 1993 c 419 s 1 are each amended to read
as follows:
(1) Subject to the limitations of this section, any alien offender
committed to the custody of the department under the sentencing reform
act of 1981, chapter 9.94A RCW, who has been found by the United States
attorney general to be subject to a final order of deportation or
exclusion, may be placed on conditional release status and released to
the immigration and ((naturalization service)) customs enforcement
agency for deportation at any time prior to the expiration of the
offender's term of confinement. The legal determination and
deportation is an activity of the federal government exclusively.
Neither the department nor its staff shall be delegated nor shall the
department or its staff assume a decision-making role in this process.
Conditional release shall continue until the expiration of the
statutory maximum sentence provided by law for the crime or crimes of
which the offender was convicted. If the offender has multiple current
convictions, the statutory maximum sentence allowed by law for each
crime shall run concurrently.
(2) Offenders placed on conditional release status from Washington
state correctional facilities are in a program specific to Washington.
Placement on conditional release status does not constitute
participation in the immigration and customs enforcement agency's rapid
removal of eligible parolees accepted for transfer program.
(3) No offender may be released under this section unless:
(a) The secretary or the secretary's designee ((find [finds] that
such release is in the best interests of the state of Washington.
Further, releases under this section may occur only with the approval
of the sentencing court and the prosecuting attorney of the county of
conviction)) has confirmed that the detention facilities in Washington
state operated by the immigration and customs enforcement agency, or
operated under contract with the immigration and customs enforcement
agency, have written guidelines in place that comport with the
international and domestic human rights laws regarding the detention of
offenders, due process, and personnel training and that these
facilities meet Washington state and federal constitutional standards
for correctional facilities;
(b) The immigration and customs enforcement agency will permit the
secretary of the department or his or her designee to periodically
review the conditions and procedures at its facilities, including due
process, personnel training, and the treatment of detained offenders,
as they affect offenders placed on conditional release status;
(c) The secretary or the secretary's designee has reached an
agreement with the immigration and customs enforcement agency that the
alien offender placed on conditional release status will be detained in
total confinement at a facility operated by the immigration and customs
enforcement agency pending the offender's return to the country of
origin or other location designated in the final deportation or
exclusion order;
(d) The alien offender, prior to stipulating to an order of removal
prior to the issuance of a final deportation order by the United States
attorney general, has been provided access to information regarding his
or her due process rights and has had an opportunity to consult with an
attorney or legal representative; and
(e) The secretary or the secretary's designee finds that such
release is in the best interests of the state of Washington.
(4) If the secretary determines that state or federal
constitutional standards are not being met at the detention facilities
described in this section, the secretary shall immediately report the
same to the governor and the legislature and shall immediately refrain
from releasing offenders pursuant to this section.
(5) The secretary, in consultation with a representative from an
immigration legal advocacy organization, shall report biannually to the
governor and the legislature regarding the substance of the secretary's
review described in subsection (3)(b) of this section and any
conclusions and recommendations made pursuant to that review. Such
report shall make recommendations for modifications of policies or
procedures, if appropriate. The first report shall be due on December
10, 2011.
(((3))) (6) No offender may be released under this section who is
serving a sentence for a violent offense or sex offense, as defined in
RCW 9.94A.030, or any other offense that is a crime against a person.
(((4))) (7) The unserved portion of the term of confinement of any
offender released under this section shall be tolled at the time the
offender is released to the immigration and ((naturalization service))
customs enforcement agency for deportation. Upon the release of an
offender to the immigration and ((naturalization service)) customs
enforcement agency, the department shall issue a warrant for the
offender's arrest within the United States. This warrant shall remain
in effect until the expiration of the offender's conditional release.
(((5))) (8) Upon arrest of an offender, the department shall, upon
making a finding that it is in the best interest of the state, seek
extradition as necessary and the offender ((shall)) may be returned to
the department for completion of the unserved portion of the offender's
term of total confinement. If returned, the offender shall also be
required to fully comply with all the terms and conditions of the
sentence.
(((6))) (9) Alien offenders released to the immigration and
((naturalization service)) customs enforcement agency for deportation
under this section are not thereby relieved of their obligation to pay
restitution or other legal financial obligations ordered by the
sentencing court.
(((7))) (10) Any offender released pursuant to this section who
returns illegally to the United States may not thereafter be released
again pursuant to this section.
(((8))) (11) The secretary is authorized to take all reasonable
actions to implement this section and shall assist federal authorities
in prosecuting alien offenders who may illegally reenter the United
States and enter the state of Washington."
Correct the title.
EFFECT: (1) Provides that the Department of Corrections (DOC) has
no role in the deportation of an offender who is placed on conditional
release status, a status which results in the transfer of custody from
the DOC to the Immigration and Customs Enforcement Agency (ICE).
(2) Provides that offenders placed on conditional release status
are not part of ICE's Rapid REPAT (removal of eligible parolees
accepted for transfer) Program.
(3) Requires that an offender shall be not placed on conditional
release status unless the Secretary or his or her designee (a) has
confirmed that the detention facilities in Washington operated by or
under contract have written guidelines in place that comport with
international and domestic human rights laws and that the facilities
meet state and federal constitutional standards for correctional
facilities; (b) has confirmed that ICE will permit the DOC to
periodically review the conditions of the facilities, including due
process, personnel training; (c) has reached an agreement with ICE that
an offender placed on conditional release will be detained in total
confinement at a facility operated by ICE pending his or her return to
the location designated in the deportation or exclusion order; (d) the
offender has been provided access to information regarding due process
and has had an opportunity to consult with an attorney or legal
representative; and (e) finds that placement of the offender on
conditional release is in the best interests of the state.
(4) Requires the Secretary of DOC to immediately report to the
Governor and the Legislature of a facility where an offender on
conditional release is being held does not meet state or federal
constitutional standards and refrain from placing offenders on
conditional release.
(5) Requires the Secretary of DOC to report biannually, in
consultation with a representative from an immigration legal advocacy
organization, to the Governor and the Legislature regarding the
Secretary's review of the ICE facility and make appropriate
recommendations; the first report is due on December 10, 2011.
(6) Provides that the DOC, if it finds that it is in the best
interests of the state, and after seeking extradition, may return an
offender to the DOC upon arrest after previously been placed on
conditional release.