SENATE BILL REPORT

SHB 1429

BYHouse Committee on Judiciary (originally sponsored by Representatives Appelwick, Patrick, P. King, Brough, Armstrong, Wang, McLean, Butterfield, Chandler, Fuhrman, Doty, Todd, Silver, Moyer and Brekke)

Providing for home detention under the sentencing reform act.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 25, 1988; February 26, 1988

Majority Report:  Do pass as amended.

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

Senate Staff:Jeanne Cushman Scott (786-7461)

                  March 7, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 26, 1988

BACKGROUND:

The Sentencing Reform Act governs the sentencing of all persons convicted of felonies in Washington.  Any person convicted of a felony must be sentenced to the standard range for the offense which is determined according to the person's past criminal history and the seriousness of the current offense.  The court may sentence outside the standard range if it determines there are reasons justifying an exceptional sentence and for certain first time offenders.

A defendant may be ordered to serve a sentence of one year or less in partial confinement in a facility operated by, or under contract with, the state or local government.  Partial confinement requires the defendant to spend a substantial portion of each day in the facility, with the remainder spent in the community.  Work release is a type of partial confinement.

SUMMARY:

Partial confinement under the Sentencing Reform Act includes a program of home detention, confining the offender in a private residence, subject to electronic surveillance.  The home detention program is not available to any person convicted of a violent offense, any sex offense, or offenses involving controlled substances classified as narcotics.  An offender must obtain or maintain employment or attend school and comply with the rules of the home detention program.

SUMMARY OF PROPOSED SENATE AMENDMENTS:

An intent section is added.

In addition to violent offenses, sex offenses, and narcotic drug offenses, offenders convicted of the crimes of reckless burning in the first or second degree, assault in the third degree, unlawful imprisonment, burglary in the second degree, or harassment may not be sentenced to home detention.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Steve Schwalb, King County; Allen Plue, Thurston County Sheriff's Office; Larry Fehr, Washington Council on Crime and Delinquency; Mike Redman, WAPA; Brian Corcoran, Snohomish County Council