HOUSE BILL REPORT

HB 1269

BYRepresentatives Braddock, Brooks, D. Sommers, Kremen, Vekich, Grant, Dellwo, Hine, May and P. King;by request of Department of Corrections

Revising provisions relating to community supervision.

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; Bristow, Brooks, Cantwell, Lewis, Lux, D. Sommers, Sprenkle and Vekich.

House Staff:Bill Hagens (786-7131)

AS REPORTED BY COMMITTEE ON HEALTH CARE JANUARY 19, 1988

BACKGROUND:

Presently, offenders sentenced to a period of community supervision are required to notify the Department of Corrections (DOC) of any change of address or employment; however, this notification is not required prior to the change.  This has resulted in difficulty for DOC in tracking offenders.

Currently, under the Sentencing Reform Act, if an offender violates a condition of community supervision or partial confinement, the court may impose a term of total confinement for not more than 60 days (RCW 9.94A.200).  During the period of total confinement pursuant to new conviction or sanction, the period of partial confinement or supervision is suspended.  In addition, if an offender absconds, the period of supervision or partial confinement is also suspended.

RCW 9.94A.383 does not specify when community supervision begins or is tolled, when supervision is delayed or interrupted by jail time served for a violation.

In a case where the sentencing court has ordered that the offender's terms be served consecutively, then (RCW 9.94A.400(5)) requires that the period of total confinement be served before period(s) of community supervision.  In such cases, upon release from prison, the offender is faced with an excessive amount of community supervision time.

SUMMARY:

SUBSTITUTE BILL:  Offenders are required to notify the court or community corrections officers prior to any change in their address or employment to allow for monitoring of court imposed conditions.

Permits the tolling of confinement or supervision in the case of absconders or violators of sentence conditions and establishes a tolling date.

Community supervision is set as of the date of sentencing.  However, during such time when the offender is confined pursuant to the sentence or a violation of the sentence, the period of supervision shall be tolled.

An upper limit of 24 months is placed on the period of community supervision for consecutive sentences, except for exceptional sentences.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Clarifies that time spent in jail for a violation prior to a related dismissal, will count toward one's community supervision obligation.

Fiscal Note:      Requested January 18, 1988.

House Committee ‑ Testified For:    Nancy Campbell, Department of Corrections; Brother David, Improve.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Clarifies community supervision procedures.

House Committee - Testimony Against:      None Presented.