HOUSE BILL REPORT

HB 1251

BYRepresentative Braddock, D. Sommers, Brooks and Sprenkle

Revising the sentencing reform act of 1981.

House Committe on Health Care

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

      Signed by Representatives Braddock, Chair; Day, Vice Chair; Bristow, Bumgarner, Cantwell, Lewis, Lux, D. Sommers, and Sprenkle.

House Staff:Bill Hagens (786-7131)

AS REPORTED BY COMMITTEE ON HEALTH CARE MAY 7, 1987

BACKGROUND:

The Sentencing Reform Act of 1981 (SRA) created a "presumptive" and "determinate" criminal sentencing system in Washington.  The system is presumptive because a statutory range of sentences is provided, and generally felons must be sentenced within those ranges unless certain exceptional circumstances exist and are identified by the sentencing judge.  The system is determinate because at the time of sentencing the felon will know with a fair degree of certainty when he or she will be released from prison.  For the most part, the SRA does away with probation and parole for felons. The SRA relies on a felon's convictions, both current and prior, to determine the presumptive length of his or her sentence.  Generally, factors other than actual convictions do not affect the length of a sentence and cannot result in prison time.  Felony crimes are ranked under the SRA from Level I (least serious) to Level XIII.

Exceptions to these general rules are made for certain nonviolent first time offenders, for certain sex offenders and for felons receiving exceptional sentences outside the guidelines.  First time offenders may receive up to 90 days in jail and up to two years of community supervision under the Department of Corrections (DOC).  The community supervision may include "crime-related prohibitions" which regulate offender activity that directly relates to the crime of conviction.  Certain sex offenders may also be given community supervision, including crime-related prohibitions.  Community supervision is also available as an option in sentences where circumstances warrant a sentence outside the guidelines.  In any community supervision, the offender is required, among other things, to report changes of address to DOC.

A violation of a condition of community supervision has several consequences.  The offender may be arrested by a DOC officer who has reasonable grounds to believe the violation has occurred.  The offender must show cause why he or she should not be punished for the violation.  A determination by the judge that a violation has occurred may result in conversion of the sentence to total confinement and up to 60 days of additional confinement for each violation.

The last portion of a sentence of total confinement may be served in partial confinement.  The last three months of a sentence of from one to three years, and the last six months of longer sentences may be served in partial confinement.  When consecutive sentences impose periods of total confinement and periods of partial confinement, all total confinement must be served before any partial confinement may begin.

If an offender has an unauthorized absence during any period of confinement, the term of the sentence is tolled.  That is, the length of the sentence is extended by the period of the absence.

Regarding the issue of post release community supervision proponents of this measure have identified two groups of offenders that they feel may have a potential of serious danger to the public upon release:  1)  Certain serious offenders in the community, and 2)  sexual offenders.

With sex offenders, it has been determined that a thorough investigation is crucial to appropriate sentencing.  Present law does not require such investigation.

The present law does not permit post release community supervision of offenders who are sentenced under the the sentencing reform act.

SUMMARY:

SUBSTITUTE BILL:  Several changes are made in the Sentencing Reform Act of 1981 (SRA).

If an offender serving a prison term of total confinement qualifies, as determined by Department of Corrections (DOC), for partial confinement at the end of his or her sentence, the period of partial confinement may be for up to six months regardless of the length of the original sentence.

Explicit provisions are added governing the tolling of periods of partial confinement and community supervision.  A term of community supervision is tolled during an unauthorized absence from supervision.  The period of the tolling is determined by the court.  A term of partial confinement is also tolled during any period of total confinement imposed for a violation of a sentence condition or for conviction of another offense.  The period of the tolling of partial confinement is determined by the entity responsible for the partial confinement.

When a sentence includes a monetary penalty such as a fine or restitution, payment rates and schedules are set by the court, or if not, then by DOC.  Any default in payment may be enforced in the same manner as enforcement of a civil judgment, and a monetary penalty is a lien on the offender's property.

DOC is directed to complete a presentence report on all sex offenders.

Community corrections officers are given authority to arrest offenders on community supervision for "non crime related offenses" if he or she has reasonable course to believe that the offender has committed any one of a number of crimes.

Regarding the issue of post release community supervision, offenders convicted of sex offenses or offenses classified at Level VII or above on the sentencing grid shall be order to serve up to one year of community placement.  If this period can be served during the early release time, it is called community custody.  If any amount of community placement time is in excess of good time, the excess is called post release supervision.

Violations of community custody will be handled administratively by the Department of Corrections.  Violation of post release supervision will be handled through the courts.

The court may also order any of the following special conditions:  (1) The offender shall remain within, or outside of, a specified geographical boundary; (2) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals; (3) The offender shall participate in treatment or counseling services; (4) The offender shall not consume alcohol; (5) The residence location and living arrangements of a sex offender shall be subject to the prior approval of the Department of Corrections; or (6) The offender shall comply with any crime-related prohibitions.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  "Non-crime related prohibitions" provisions are deleted.  A twenty-four month limit on community supervision in consecutive sentencing cases is deleted. Community placement provisions are added.

Fiscal Note:      Requested May 4, 1987.

House Committee ‑ Testified For:    Senator Stuart Halsan; Chase Riveland, Secretary, Department of Corrections; Jim Miller, Prosecuting Attorney, Lewis County; Norm Maleng, Prosecuting Attorney, King County; Larry Fehr, Washington Council on Crime and Delinquency; Mark Brown, Washington Federation of State Employees; Nancy Campbell, Department of Corrections; and Kyle Aiken, Sentencing Guidelines Commission.

House Committee - Testified Against:      Kurt Sharar, Washington State Association of Counties and Jerry Adair, Citizen, (concerns with one section).

House Committee - Testimony For:    Community placement is necessary to protect the public from certain types of offenders.

House Committee - Testimony Against:      The Sentencing Reform Act has been in effect for only three years.  It is too early for major modifications.