HOUSE BILL REPORT

HB 756

BYRepresentatives Niemi, Brooks, Braddock, P. King, R. King, Scott, Holm and Sutherland; by request of Department of Corrections

Establishing the community custody program.

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, Brooks, Bumgarner, Cantwell, Lewis, D. Sommers and Sprenkle.

House Staff:Bill Hagens (786-7131)

Rereferred House Committee on Ways & Means

Majority Report:     The second substitute bill be substituted therefor and the second substitute bill do pass.  (28)

     Signed by Representatives Grimm, Chair; Bristow, Vice Chair; Allen, Appelwick, Basich, Belcher, Braddock, Brekke, Ebersole, Fuhrman, Grant, Hine, Holland, Locke, Madsen, McLean, McMullen, Nealey, Niemi, Peery, Rust, Sayan, Schoon, L. Smith, Sommers, Sprenkle, B. Williams and Winsley.

House Staff:    Jim Lux (786-7152)

AS REPORTED BY COMMITTEE ON WAYS & MEANS MARCH 5, 1987

BACKGROUND:

The Department of Corrections (DOC) has identified two groups of offenders that have the potential of serious danger to the public upon release:  1)  serious violent offenders and 2) sexual offenders.

The present law does not permit post release supervision of offenders who are sentenced under the new Sentencing Reform Act (SRA).

SUMMARY:

SECOND SUBSTITUTE BILL:  Permits the Department of Corrections to order community custody of sexual offenders and serious violent offenders up to the amount of time equal to their early "good-time" release date or one year, whichever comes first.

Community custody is separate and distinct from community supervision because an offender who participates in the program will be classified as an "inmate" under RCW 72.09.020, and accordingly, community custody violations will be handled administratively by the Department of Corrections.

Any cost incurred as the result of community custody shall be the responsibility of the department.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Financial responsibility for costs incurred because of community custody is clearly placed with the department.

SECOND SUBSTITUTE COMPARED TO FIRST SUBSTITUTE:  Technical and clarifying changes are made to eliminate expost facto concerns relative to other sex offenders under the jurisdiction of the department.  Assures all sex offenders have an opportunity to be assessed for amenability to treatment.  Distinguishes between community supervision and community custody.

CHANGES PROPOSED BY COMMITTEE ON WAYS & MEANS:  Second substitute proposed.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     (Health Care)  Chase Riveland, Department of Corrections; Nancy Campbell, Department of Corrections; Mike Redman (with concerns), Washington Association of Prosecuting Attorneys; Bill Collins, Washington Correctional Association and Roxanne Park, Sentencing Guidelines Commission.

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

House Committee - Testified Against: (Health Care)  None Presented.

(Ways & Means)  None Presented.

House Committee - Testimony For:     (Health Care)  Sexual offenders and sexual violent offenders pose a potential harm to the public and should be monitored.

(Ways & Means)  Same as in Committee on Health Care.

House Committee - Testimony Against: (Health Care)  None Presented.

(Ways & Means)  None Presented.