SENATE BILL REPORT

E2SSB 5086

BYSenate Committee on Ways & Means (originally sponsored by Senators Halsan, Talmadge, Moore, Stratton and Gaspard)

Revising provisions on community supervision.

Senate Committee on Judiciary

Senate Hearing Date(s):February 4, 1987; February 27, 1987

Majority Report:  That Substitute Senate Bill No. 5086 be substituted therefor, and the substitute bill do pass and refer to Committee on Ways & Means.

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

Senate Staff:Cliff Petersen (786-7457)

                  April 30, 1987

Senate Committee on Ways & Means

Senate Hearing Date(s):March 4, 1987

Majority Report:  That Second Substitute Senate Bill No. 5086 be substituted therefor, and the second substitute bill do pass.

      Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman; Bauer, Bluechel, Cantu, Craswell, Fleming, Hayner, Kreidler, McDonald, Moore, Owen, Rinehart, Saling, Talmadge, Vognild, Williams, Wojahn, Zimmerman.

Senate Staff:Jan Sharar (786-7715)

                  May 17, 1987

AS PASSED SENATE, MAY 16, 1987

BACKGROUND:

The sentencing reform act makes no regular provision for community supervision of offenders convicted and sentenced for sex offenses and more serious crimes.  It has been suggested that some form of post-release community supervision is necessary to protect public safety.

Additionally, it has been reported that Department of Corrections officers find it difficult to fully accomplish the intent of the sentencing reform act.  It is suggested that changes be made in the law which enhance the ability of corrections officers to fully comply with the mandate of the sentencing reform act.

SUMMARY:

Offenders convicted of sex offenses committed on or after July 1, 1987, or offenses classified at Level VII or above committed on or after July 1, 1988, shall be ordered by the sentencing court to serve up to one year in the Department of Corrections community placement program.  Community placement may consist of entire community custody, entire post-release supervision, or a combination of the two depending upon the amount of early release time an offender earns in partial or total confinement.

Definitions for community custody and post-release supervision are provided and the four mandatory and six permissive court ordered conditions of the community custody program are outlined.  The conditions may be modified by the sentencing court upon motion of the offender, or the prosecuting attorney within 30 days prior to release from confinement or throughout the period of community placement.

The court may require a sex offender under the special sexual offender sentencing alternative or other offenders under community supervision, to refrain from committing offenses which are violent, involve a deadly weapon, or violate the Uniform Controlled Substances Act.  An offender who violates any of these conditions may be arrested and detained for up to five days at state expense.

The district courts have concurrent jurisdiction with the superior courts over violations of the conditions of post- release supervision.  Violations shall be adjudicated in the county in which the offender was sentenced, but venue may be changed to the offender's county of residence or to the county in which the violation occurred, for the purpose of holding a violation hearing.  After the hearing, the court may order the offender to be confined for up to 60 days in the county jail, the first 30 of which shall be at state expense from funds provided for this purpose to the Department of Corrections, and the second 30 of which, together with cost of indigent defense, shall be at county expense.  Reasonable per diem reimbursement rates for these purposes shall be established based on a formula determined by the Office of Financial Management.  An offender may be held in jail at state expense pending the hearing.  Any time served while awaiting the hearing shall be credited against confinement imposed for violation.

An offender convicted of any offense committed while the offender was under community placement or committed within one year following release from partial or total confinement or within one year following release from community placement receives one additional point on his or her offender score as measured on the horizontal access of the sentencing grid.

The court shall order the Department of Corrections to complete a presentence report before sentencing a defendant convicted of a felony sex offense.  The department shall give priority to presentence investigations for sex offenders.  When an offender's sentence includes payment of a fine or restitution, all payments shall be ordered paid within 10 years after judgment and sentence.  Payment shall be supervised by the Department at a rate set by the court or the Department.  Any default in payment may be collected by any lawful means of enforcement of judgment. Judgments shall be made liens upon the defendant's property.

All qualified offenders are eligible to serve the final six months of their sentence in partial confinement.  A term of partial confinement is temporarily suspended when an offender spends time in total confinement for a new conviction or violates sentencing conditions on a separate felony conviction.  A term of supervision is temporarily suspended for any time the offender has been absent from supervision without prior approval.

In the event of a sentence violation, the court may convert a term of partial confinement to total confinement, convert a community service obligation to total or partial confinement, and convert monetary obligations except restitution and crime victim penalty assessments to community service at the minimum wage rate per hour of service.  Any offender who violates a sentence by committing a new offense receives credit of up to 60 days for time served in total confinement for the new conviction.

An offender in community custody who willfully fails to report to the assigned community corrections officer at the time specified by the department shall be deemed an escapee and fugitive from justice, and upon conviction shall be guilty of a class C felony.

Fiscal Note:      available

Senate Committee - Testified: JUDICIARY:  Bill Collins, Washington Corrections Association; Bill Logan, Lewis County Sheriff's Department; Larry Erickson, Spokane County Sheriff's Department; Gary Edwards, Thurston County Sheriff; John Shields, Pierce County Sheriff's Department; Diane Oberquell, Families and Friends of Missing Persons and Violent Crime Victims; Mike Redman, Washington Association of Prosecuting Attorneys; Roxanne Park, Sentencing Guidelines Commission; Kurt Sharar, Washington Association of Counties; Mark Brown, Washington Federation of State Employees

Senate Committee - Testified: WAYS & MEANS:  Senator Stu Halsan; Kurt Sharar, Washington Association of Counties; Mike Redman, Washington Association of Prosecuting Attorneys