FINAL BILL REPORT

SB 5550

                                  C 402 L 87

BYSenators Talmadge, Nelson, Halsan, Deccio, Hayner and West; by request of Department of Corrections

Revising provisions relating to sexual offenders.

Senate Committee on Judiciary and Committee on Ways & Means

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

During the 1986 session, the Legislature passed a measure requiring the Department of Corrections (DOC) to develop a treatment program for sex offenders in a correctional setting. The measure provided that the program commence operations during the 1987-89 biennium and coexist with the current sex offender programs at Western and Eastern State Hospitals while those programs are phased out.  The hospital programs close by 1993, and at that time the DOC program becomes the sole, state- sponsored, sex offender program for convicted felons in Washington State.

The current language states that felony sex offenders convicted and sentenced on or after July 1, 1987, shall be committed to the Department of Corrections.  This raises possible ex post facto and equal protection problems with regard to those individuals who have committed crimes prior to July 1, 1987, but are convicted and sentenced after that date.

In one section of the 1986 bill, the Governor vetoed a provision pertaining to post-release supervision but neglected to veto the same language incorporated in another section of the same bill.

SUMMARY:

A person who commits a felony sexual offense and is sentenced on or after July 1, 1987, must be committed to the Department of Corrections for possible placement within a treatment program operated by the Department.  The provisions that allow the court to convert the balance of confinement for felony sex offenders to community supervision do not apply in those instances when the sex offense is either first degree or second degree rape.

Courts are allowed to send convicted sex offenders who commit their offense before July 1, 1987 to Eastern and Western State Hospitals for evaluation and assessment of amenability to treatment.

Language which the Governor neglected to veto from a section of the 1986 bill is deleted.

VOTES ON FINAL PASSAGE:

      Senate    48     0

      House 98   0 (House amended)

      Senate             (Senate refused to concur)

      House              (House receded in part)

Conference Committee

      House 96   0

      Senate    40     0

EFFECTIVE:July 1, 1987