SENATE BILL REPORT

SHB 1269

BYHouse Committee on Health Care (originally sponsored by Representatives 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

Senate Committee on Law & Justice

Senate Hearing Date(s):February 24, 1988; February 25, 1988

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Madsen, Nelson, Newhouse, Niemi, Talmadge.

Senate Staff:Cliff Petersen (786-7457)

                  February 26, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 25, 1988

BACKGROUND:

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 which has resulted in difficulty for DOC in tracking offenders.

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.  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.

The act 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, the act 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:

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.

The bill 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 18, 1988

Senate Committee - Testified: Chase Riveland, Secretary, Department of Corrections; Nancy Campbell, Department of Corrections