SENATE BILL REPORT

 

 

                                   SHB 1279

 

 

BYHouse Committee on Health Care (originally sponsored by Representatives Braddock, Brooks and May; by request of Department of Corrections)

 

 

Revising provisions relating to financial and legal obligations of offenders.

 

 

House Committe on Health Care

 

 

Senate Committee on Health Care & Corrections

 

      Senate Hearing Date(s):February 18, 1988

 

Majority Report:  Do pass.

      Signed by Senators Deccio, Chairman; Kreidler, Niemi, Smith, Wojahn.

 

      Senate Staff:Dee Knapp (786-7452)

                  February 19, 1988

 

 

   AS REPORTED BY COMMITTEE ON HEALTH CARE & CORRECTIONS, FEBRUARY 18, 1988

 

BACKGROUND:

 

Concern has arisen that courts do not routinely specify terms for the offender's payment of legal financial obligations.  As a result, there are numerous instances where the offender's term of community supervision has expired with few or no payments being made.

 

Community corrections officers are authorized to monitor only restitution and fines yet other court costs and fees may be ordered by the court.

 

When a sentenced offender is indigent, the court has no authority to give an alternative sanction to a financial obligation such as additional community service hours.  Similarly, when community service obligations are not met, the court does not have the authority to convert the obligation to another sanction.

 

The court is not required to set a time frame in which community service hours must be completed.  Thus it sometimes occurs that the court, the monitoring agency and the offender are left without a clear understanding of when the community service hours imposed must be completed. 

 

SUMMARY:

 

The Department of Corrections shall supervise compliance with payment of monetary obligations at a rate determined by the court or the department.

 

The court is allowed to convert community service obligations to total or partial confinement and/or convert monetary obligations, except restitution and the crime victim penalty assessment, to community service hours at the rate of minimum wage for each hour of community service.

 

Community service hours are specified to be completed within the period of community supervision or time frame specified by the court, not to exceed 24 months, at a schedule determined by the department.

 

Appropriation:    none

 

Revenue:    none

 

Fiscal Note:      available

 

Senate Committee - Testified: Representative Braddock (pro); Fred Jordan, Deputy Secretary, Dept. of Corrections