SENATE BILL REPORT

ESHB 1424

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

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

Majority Report:  Do pass as amended.

      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:

The Department of Corrections (DOC) has identified several groups of offenders who may pose a potential danger to the public safety upon release, unless some form of community monitoring is provided.  The identified groups are persons convicted of a sex offense, a serious violent offense, an assault in the second degree, a crime against a person in which a deadly weapon was used, and certain drug offenses.

The Sentencing Reform Act (SRA), which went into effect on July 1, 1984, does not require or permit any community monitoring of a person convicted of the above-mentioned crimes if the crime was committed after that effective date.

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

SUMMARY:

Effective July 1, 1988, the court 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 and/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 DOC. 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, again no more than one year.  Violations of post- release supervision will be handled judicially by the courts.

Immunity 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 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.

Tolling procedures are amended to reflect community placement.

The 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.

SUMMARY OF PROPOSED SENATE AMENDMENT:

Immunity is provided for the acts or omissions of employees in the rendering of community placement services unless the act or omission constitutes gross negligence.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

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