5891-S AMS HARG S3077.1

SSB 5891  - S AMD452
     By Senators Hargrove, Regala, Carrell

ADOPTED 05/19/2011

     On page 30, line 10, after "after" strike "July" and insert "October"

     On page 30, line 15, after "before" strike "July" and insert "October"

     Beginning on page 55, line 31, strike all of sections 36 and 37 and insert the following:

"Sec. 36   RCW 9.94A.860 and 2001 2nd sp.s. c 12 s 311 are each amended to read as follows:
     (1) The sentencing guidelines commission is hereby created, located within the office of financial management. Except as provided in RCW 9.94A.875, the commission shall serve to advise the governor and the legislature as necessary on issues relating to adult and juvenile sentencing. The commission may meet, as necessary, to accomplish these purposes within funds appropriated.
     (2)
The commission consists of twenty voting members, one of whom the governor shall designate as chairperson. With the exception of ex officio voting members, the voting members of the commission shall be appointed by the governor, or his or her designee, subject to confirmation by the senate.
     (((2))) (3) The voting membership consists of the following:
     (a) The head of the state agency having general responsibility for adult correction programs, as an ex officio member;
     (b) The director of financial management or designee, as an ex officio member;
     (c) The chair of the indeterminate sentence review board, as an ex officio member;
     (d) The head of the state agency, or the agency head's designee, having responsibility for juvenile corrections programs, as an ex officio member;
     (e) Two prosecuting attorneys;
     (f) Two attorneys with particular expertise in defense work;
     (g) Four persons who are superior court judges;
     (h) One person who is the chief law enforcement officer of a county or city;
     (i) Four members of the public who are not prosecutors, defense attorneys, judges, or law enforcement officers, one of whom is a victim of crime or a crime victims' advocate;
     (j) One person who is an elected official of a county government, other than a prosecuting attorney or sheriff;
     (k) One person who is an elected official of a city government;
     (l) One person who is an administrator of juvenile court services.
     In making the appointments, the governor shall endeavor to assure that the commission membership includes adequate representation and expertise relating to both the adult criminal justice system and the juvenile justice system. In making the appointments, the governor shall seek the recommendations of Washington prosecutors in respect to the prosecuting attorney members, of the Washington state bar association in respect to the defense attorney members, of the association of superior court judges in respect to the members who are judges, of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer, of the Washington state association of counties in respect to the member who is a county official, of the association of Washington cities in respect to the member who is a city official, of the office of crime victims advocacy and other organizations of crime victims in respect to the member who is a victim of crime or a crime victims' advocate, and of the Washington association of juvenile court administrators in respect to the member who is an administrator of juvenile court services.
     (((3))) (4)(a) All voting members of the commission, except ex officio voting members, shall serve terms of three years and until their successors are appointed and confirmed.
     (b) The governor shall stagger the terms of the members appointed under subsection (((2))) (3)(j), (k), and (l) of this section by appointing one of them for a term of one year, one for a term of two years, and one for a term of three years.
     (((4))) (5) The speaker of the house of representatives and the president of the senate may each appoint two nonvoting members to the commission, one from each of the two largest caucuses in each house. The members so appointed shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first.
     (((5))) (6) The members of the commission ((shall)) may be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members ((shall)) may be reimbursed by their respective houses as provided under RCW 44.04.120. Except for the reimbursement of travel expenses, members shall not be compensated ((in accordance with RCW 43.03.250)).

Sec. 37   RCW 9.94A.8673 and 2008 c 249 s 3 are each amended to read as follows:
     (1) Within funds appropriated for this purpose, the sentencing guidelines commission shall establish and maintain a sex offender policy board.
     (2)(a) The board shall serve to advise the governor and the legislature as necessary on issues relating to sex offender management.
     (b) At such times as the governor or a legislative committee of jurisdiction may request, the sex offender policy board may be convened to:
     (i) Undertake projects to assist policymakers in making informed judgments about issues relating to sex offender policy; and
     (ii) Conduct case reviews of sex offense incidents to understand performance of Washington's sex offender prevention and response systems.
     (3)
The sex offender policy board shall consist of thirteen voting members. Unless the member is specifically named in this section, the following organizations shall designate a person to sit on the board. The voting membership shall consist of the following:
     (a) A representative of the Washington association of sheriffs and police chiefs;
     (b) A representative of the Washington association of prosecuting attorneys;
     (c) A representative of the Washington association of criminal defense lawyers;
     (d) The chair of the indeterminate sentence review board or his or her designee;
     (e) A representative of the Washington association for the treatment of sex abusers;
     (f) The secretary of the department of corrections or his or her designee;
     (g) A representative of the Washington state superior court judge's association;
     (h) The assistant secretary of the juvenile rehabilitation administration or his or her designee;
     (i) The office of crime victims advocacy in the department of ((community, trade, and economic development)) commerce;
     (j) A representative of the Washington state association of counties;
     (k) A representative of the association of Washington cities;
     (l) A representative of the Washington association of sexual assault programs; and
     (m) The director of the special commitment center or his or her designee.
     (((2) The person so named in subsection (1) of this section has the authority to make decisions on behalf of the organization he or she represents.
     (3) The nonvoting membership shall consist of the following:
     (a) Two members of the sentencing guidelines commission chosen by the chair of the commission; and
     (b) A representative of the criminal justice division in the attorney general's office.
))
     (4) The board shall choose its chair by majority vote from among its voting membership. The chair's term shall be two years.
     (5) ((The chair of the sentencing guidelines commission shall convene the first meeting.
     (6)
)) As appropriate, the board shall consult with the criminal justice division in the attorney general's office and the Washington institute for public policy ((shall act as an advisor to the board)).
     (6) Members of the board shall receive no compensation but may be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060."

EFFECT:  Changes the effective date for when the Department will convert offenders from a monthly assessment to a supervision intake fee. Ensures the Sentencing Guidelines Commission is maintained as an independent entity and may meet as necessary within funds appropriated. Removes requirement that members of the Sex Offender Policy Board be appointed by the Governor.

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