HOUSE BILL REPORT

2SSB 5654

BYSenate Committee on Ways & Means (originally sponsored by Senators Talmadge, Moore, Bottiger, Deccio, Nelson and Rasmussen; by request of Department of Corrections)

Revising provisions relating to criminal sentencing.

House Committe on Judiciary

Majority Report:  Do pass with amendment.  (14)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, P. King, Lewis, Locke, Moyer, Padden, Patrick, Schmidt, Scott and Wang.

House Staff:Bill Perry (786-7123)

Rereferred House Committee on Ways & Means/Appropriations

Majority Report:  Do pass with amendments by Committee on Ways & Means/Appropriations and not by Committee on Judiciary.  (21)

      Signed by Representatives Locke, Chair; Allen, Belcher, Braddock, Brekke, Bristow, Ebersole, Fuhrman, Grant, Grimm, Hine, McLean, McMullen, Niemi, Peery, Sayan, Silver, L. Smith, H. Sommers, Sprenkle and B. Williams.

House Staff:      Jim Lux (786-7152)

AS REPORTED BY COMMITTEE ON WAYS & MEANS/APPROPRIATIONS

APRIL 4, 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.

SUMMARY:

BILL AS AMENDED BY COMMITTEE ON WAYS & MEANS/APPROPRIATIONS:  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.

Explicit provisions are also added regarding the conversion of sentences of community supervision to partial confinement and sentences of monetary penalties to community service.

If consecutive sentences are imposed, each having some period of community supervision, the total period of community supervision may not exceed 24 months.

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.

The crime of selling food stamps is made a class C felony if the amount involved is over $250.  The crime is ranked under the SRA as a Level I offense.

AMENDED BILL COMPARED TO SECOND SUBSTITUTE:  The amendment adds the provision relating to food stamps.  It removes a provision that would have allowed prohibitions beyond crime-related prohibitions as conditions on sentences involving community supervision.

CHANGES PROPOSED BY COMMITTEE ON WAYS & MEANS/APPROPRIATIONS:  The amendment restores section 5 that was in the second substitute senate bill pertaining to arrest powers of community corrections officers and permitting the detention of offenders for up to five working days who commit violent offenses, who commit offenses involving deadly weapons or who commit felony drug offenses while under community custody of the department.

Fiscal Note:      Requested April 6, 1987.

House Committee ‑ Testified For:    (Judiciary)  Bill Williams, Department of Corrections; Nancy Campbell, Department of Corrections.

(Ways & Means/Appropriations)  Chase Riveland, Secretary, Department of Corrections.

House Committee - Testified Against:      (Judiciary)  None Presented.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony For:    (Judiciary)  The bill makes necessary technical corrections in the SRA and will enhance DOC's ability to perform its community supervision functions.

(Ways & Means/Appropriations)  Same as presented Committee on Judiciary.

House Committee - Testimony Against:      (Judiciary)  None Presented.

(Ways & Means/Appropriations)  None Presented.