FINAL BILL REPORT

SHB 1424

PARTIAL VETO

                                  C 153 L 88

BYHouse Committee on Health Care (originally sponsored by Representatives Dellwo, Brooks, Braddock, Grimm, Vekich, Bristow, D. Sommers, Ebersole, Cantwell, Belcher, Locke, Armstrong, Crane, Appelwick, Brough, Bumgarner, Sprenkle, Day, Holland, P. King, McLean, Butterfield, Fuhrman, Doty, Basich, Jesernig, Moyer, Wineberry, Unsoeld and Brekke; by request of Governor Gardner)

Revising provisions on community custody.

House Committe on Health Care

Rereferred House Committee on Ways & Means/Appropriations

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

The Sentencing Reform Act (SRA), which went into effect on July 1, 1984, is a "determinate" system of criminal sentencing that does not include post-release supervision of felons after they have served their prison time.  The SRA eliminated parole for offenses committed after the act's effective date.  Although sentences under the SRA are determinate, offenders may earn up to one-third of their sentence as "good time" toward an early release.

Also, current law is unclear regarding the priority for payment of restitution by offenders and the role of Department of Corrections in offender compliance with payment of monetary obligations.

SUMMARY:

Effective July 1, 1988 the sentencing court in a felony case is required to add one year of community placement to the sentence of any person convicted of a sex offense, a serious violent offense, assault in the second degree, any crime against a person where it is determined that the defendant or an accomplice was armed with a deadly weapon when the crime was committed, or any felony drug offense.

"Community placement" is defined as a one year period of community custody or post-release supervision.

"Community custody" is defined as that portion of the offender's sentence of confinement in lieu of earned early release time served in the community, subject to the controls of Department of Corrections (DOC).  An offender will be subject to community custody only if he or she has earned some good time.  Violations of community custody will be handled administratively by DOC.

"Post release supervision" is defined as that portion of an offender's community placement that is in excess of the amount of time an inmate has served in community custody.  An offender will be subject to post release supervision only if he or she has earned less than one year of good time.  Violations of post- release supervision will be handled judicially by the courts.

Immunity from civil liability is provided for employees in community placement programs.

An evidentiary standard of "preponderance of the evidence" is established for a violation of a condition of a community placement sentence.

The definition of the crime of escape is amended to reflect community custody.

Restitution to the victim is made the first priority in an offender's monetary obligation.  DOC is permitted to supervise monetary obligations and set the rate of payment, if not done so by the court.

The Secretary of DOC is given authority to issue arrest warrants for violators of community placements.

The SRA's offender score matrix is amended to add one point for violation of community placement.

DOC is required to report to the Legislature on the implementation of the bill in January, 1989.

VOTES ON FINAL PASSAGE:

      House 95   0

      Senate    49     0(Senate amended)

      House 95   0(House concurred)

EFFECTIVE:June 9, 1988

Partial Veto Summary:  The vetoed language was in a section of RCW that was repealed by SB 6462, as adopted by the Legislature.  That section was redundant and had no effect on the law.  (See VETO MESSAGE)