SENATE BILL REPORT

ESB 5549

BYSenators Stratton, Pullen, Rasmussen and Deccio; by request of Department of Corrections

Providing for the setting of execution dates.

Senate Committee on Human Services & Corrections

Senate Hearing Date(s):February 16, 1987; February 17, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Wojahn, Chairman; Stratton, Vice Chairman; Anderson, Deccio, Johnson, Kiskaddon, Kreidler, Tanner.

Senate Staff:Jean Meyn (786-7472)

                  April 17, 1987

AS PASSED SENATE, MARCH 10, 1987

BACKGROUND:

Currently, a defendant sentenced to death must be returned to the trial court from the correctional facility each time an execution date is set.  The judicial process allows defendants various appeals, therefore execution dates may change depending on the results of appeals.

The Department of Corrections is concerned that the trips to the trial court pose a security risk to the public.  Each trip costs an average of $1,750.

SUMMARY:

The defendant is present at the first trial court hearing to set the execution date.  If execution dates are reset, defendant will not be transported back to the trial court.

This does not affect the individual's right to counsel at the trial court hearing on reissuance of the death warrant.

Fiscal Note:      available

Senate Committee - Testified: Joe Lehman, Department of Corrections; Bill Williams, Assistant Attorney General, Department of Corrections; Jerry Shehan, American Civil Liberties Union

HOUSE AMENDMENT:

If the defendant is indigent and desires counsel at the hearing to reset the execution date, an attorney shall be appointed and attorney's fees paid by the state.