Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety Committee

HB 1319

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.

Brief Summary of Bill

Requires the Department of Corrections (DOC) to supervise any offender released by the Indeterminate Sentence Review Board (ISRB) and who was sentenced to community custody or subject to community custody under the terms of release.
Allows the DOC to release persons convicted of one or more crimes committed prior to the person's 18th birthday, who were released by the ISRB, notwithstanding mandatory sentencing enhancements.
Prohibits an offender convicted of Aggravated first degree Murder prior to the person's 18th birthday from receiving earned early release time during the minimum term of confinement imposed by the court.
Allows the ISRB, at its discretion, to return an offender to confinement who was released by the ISRB.

Background:

In June of 2012, the United States Supreme Court held, in Miller v. Alabama, that the Eighth Amendment ban on cruel and unusual punishment forbids a sentencing scheme that mandates life in prison without the possibility of parole for juvenile homicide offenders. In 2013 the law was amended to comply with Miller v. Alabama. Youth who commit Aggravated first degree Murder must be sentenced to a 25-year minimum sentence if the youth committed the crime before age 16 years or a minimum sentence between 25 years and life if the youth committed the crime at age 16 or 17 years old. Life without parole is available within the discretion of the judge for youths who commit aggravated first degree murder at age 16 or 17 years old. In setting a minimum term, the court must take into account mitigating factors as provided in Miller v. Alabama.

During the minimum term of total confinement, the person must not be eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, any other form of early release, or any other form of authorized leave or absence from the correctional facility while not in the direct custody of a corrections officer. No later than 180 days prior to the expiration of the person's minimum sentence, the DOC must conduct an examination of the offender to assist in predicting the dangerousness and likelihood that the offender will engage in future criminal behavior if released. The ISRB must order that the person be released unless it is determined by a preponderance of evidence that, despite conditions, it is more likely than not that the person will commit new criminal law violations if released. If the ISRB does not order that the person be released, a new minimum term not to exceed five years must be set for the person prior to future review. If an offender is released after serving the minimum term of confinement, the offender must be subject to community custody under the supervision of the DOC and the authority of the ISRB for a period of time as determined by the ISRB.

Any person convicted of one or more crimes committed prior to his or her 18th birthday may petition the ISRB for early release after serving no less than 20 years in total confinement, provided that the person has not had any new convictions subsequent to the person's 18th birthday, has not had a major violation in the 12 months prior to the petition, and is not serving a sentence for aggravated first degree murder or a sex offense.

Summary of Bill:

The DOC must supervise any offender who is released by the ISRB and who was sentenced to community custody or subject to community custody under the terms of release.

The DOC may release offenders from confinement when their release has been ordered by the ISRB, regardless of any mandatory sentence enhancements for firearms, deadly weapons, and sexual motivation.

An offender convicted of aggravated first degree murder prior to his or her 18th birthday may not earn early release time during the minimum term of confinement set by the court.

A offender released by the ISRB, pursuant to Miller v. Alabama, may be returned to confinement at the discretion of the ISRB. The ISRB shall set a new minimum term of incarceration not to exceed five years.

An offender released by the ISRB, other than those convicted of aggravated first degree murder or a sex offense, may be returned to confinement at the discretion of the ISRB for up to the remainder of the court-imposed term of incarceration. The offender may file a new petition for release five years from the date of return to confinement or at an earlier date set by the ISRB.