SENATE BILL REPORT

SB 5086

BYSenators 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:Carolyn J. Mayer (786-7465)

                  February 27, 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)

                  March 9, 1987

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 4, 1987

BACKGROUND:

The law makes no regular provision for community supervision of offenders convicted and sentenced for more serious or violent crimes.  It has been suggested that post-release community supervision is necessary to protect public safety.

SUMMARY:

Whenever a court sentences a person convicted of a sex offense to a term of more than one year, the court may add a term of community supervision of up to two years upon release from confinement.  Conditions on such supervision shall be limited to:  (1) crime related provisions, (2) regular reports to a community corrections officer, (3) a requirement to remain within or outside of stated geographical boundaries, (4) restricted associations during supervision, (5) participation in treatment or counseling, (6) securing or maintaining employment, (7) pursuit of a prescribed court ordered course or study or vocational training, (8) abstinence from alcohol or other intoxicants, and (9) any other requirement the court deems necessary to protect the public.  The period of supervision shall be concurrent with any outpatient supervision that is part of a treatment program operated by the Department of Corrections.

The court may order up to two years of community supervision upon release when (1) an offender is convicted for an offense other than a sex offense and was armed with a deadly weapon, or (2) a sentence of more than one year in addition to the presumptive sentence is imposed because the offender or an accomplice was armed with a deadly weapon.

Whenever a court sentences any person to a term of more than one year for any offense, it may order up to one year of community supervision upon release limited to the same conditions imposed upon sex offenders.

The length and conditions of supervision are set by the court at the time of sentencing.  They may be modified upon motion of the Department, the offender or the prosecuting attorney within 30 days prior to release or throughout the period of supervision.  The period of supervision is suspended during any time the offender is confined for any reason.  In no case may the period of supervision, in combination with other terms of sentence, exceed the statutory maximum. 

If the offender violates any condition of supervision the court, after a hearing, may order the offender to be confined for up to 60 days in the county jail at state expense from funds provided to the Department for this purpose.  The Office of Financial Management shall determine a formula for reimbursement rates in each even numbered year.  An offender may be held in jail at state expense pending hearing and any time served while awaiting the hearing shall be credited against confinement imposed for a violation.  Even after the supervisory period has expired, an offender may be confined for a violation occurring during the period of supervision and the court shall retain jurisdiction for the purpose of holding the violation hearing and imposing sanction.

If an offender fails to comply with any requirement or condition of a sentence, the state has the burden of showing noncompliance by a preponderance of the evidence at a show cause hearing.  If an offender is convicted of an offense committed during a period of community supervision, one point is counted on the offender's score of the sentencing grid.

EFFECT OF PROPOSED SUBSTITUTE:

Offenders convicted of sex offenses or offenses classified at Level VII or above on the sentencing grid shall be ordered to serve up to one year of post-release community supervision followed by one year conditional discharge from supervision.  Other offenders shall serve one year of conditional discharge from supervision upon release from confinement.  Length and conditions of supervision are set by the court at time of sentencing.

District courts have concurrent jurisdiction with superior courts over violations of supervision or conditional discharge from 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.  Violations are subject to a maximum penalty of 60 days, the first 30 of which shall be at state expense and the second 30 of which shall be at local expense together with the costs of indigent defense.  An offender convicted of an offense committed while under supervision or conditional discharge from supervision receives one point on his or her score.

Fiscal Note:      available

EFFECT OF PROPOSED SECOND SUBSTITUTE:

The court may confine an offender for a violation of any condition of supervision or conditional discharge from supervision for up to 30 days in the county jail at state expense.  Reasonable per diem reimbursement rates for these purposes will be based on a formula determined by OFM and the formula shall reflect the cost of local jail construction borne by the state.

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