SENATE BILL REPORT

SB 5545

BYSenators Halsan, Newhouse, Bauer, DeJarnatt, Nelson and Moore

Revising provisions relating to criminal sentencing.

Senate Committee on Judiciary

Senate Hearing Date(s):February 24, 1987; February 27, 1987

Majority Report:  That Substitute Senate Bill No. 5545 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 Mayer (786-7418)

                  February 27, 1987

Senate Committee on Ways & Means

Senate Hearing Date(s):March 4, 1987

Senate Staff:Jan Sharar (786-7715)

AS OF MARCH 3, 1987

BACKGROUND:

It has been reported that certain deficiencies appear in the present Sentencing Reform Act.  It is suggested that alternatives to total confinement, and deterrents for escape and repeated offenses will help solve the problem.

SUMMARY:

Convictions in federal, municipal, and out-of-state courts are to be counted in sentencing for drug offenses, sex offenses, serious traffic offenses, and serious violent offenses.  Eluding a police officer is added to the list of felony traffic offenses and first degree robbery is added to the list of serious violent offenses.  The manufacture, delivery or possession with intent to deliver heroin or a narcotic is added to the list of violent offenses, thereby eliminating heroin and cocaine dealers from consideration for first time offender waiver.

An offender may be required to serve any term of partial confinement in a work release program.  An offender's participation in work release shall be conditioned upon his compliance with rules and attendance at work or school.  Violation of work release rules may result in administrative revocation of work release and a return to total confinement.

A term of community supervision may be conditioned upon an order that the offender undergo drug or alcohol treatment and upon a prohibition against further criminal conduct.  An order prohibiting the offender from having contact with other specific individuals may be included as part of any sentence and may be enforced by the court for a period of ten years.

The penalty for repeat Level I offenders on the sentencing grid is increased.  Level I offenders receive the same sentence as present Level II offenders after accumulating a criminal history score of 4.

When multiple offenses are committed, those which merge as a matter of law shall be counted as one crime and the offender sentenced for the offense which has the highest offender score.

All prior adult and juvenile felony convictions shall be included in calculating the sentence for an escape, or failure to return from work-release or furlough.

EFFECT OF PROPOSED SUBSTITUTE:

The sentencing court may order any felony offender to undergo drug or alcohol treatment.  No contact orders are enforceable up to the statutory maximum term for the crime.  Prior adult and juvenile convictions are counted in sentencing for escape but not for failure to return.

Fiscal Note:      available

Senate Committee - Testified: JUDICIARY:  Roxanne Park, Sentencing Guidelines Commission; Arthur Curtis, Clark County Prosecuting Attorney; Mike Redman, Executive Director, Washington Association of Prosecuting Attorneys