SENATE BILL REPORT

SB 5550

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

Revising provisions relating to sexual offenders.

Senate Committee on Judiciary

Senate Hearing Date(s):February 16, 1987

Majority Report:  Do pass and refer to Committee on Ways & Means.

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

Senate Staff:Jon Carlson (786-7459)

                  February 17, 1987

Senate Committee on Ways & Means

Senate Hearing Date(s):February 26, 1987

Majority Report:  Do pass.

      Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman; Bauer, Craswell, Hayner, Moore, Rasmussen, Rinehart, Saling, Talmadge, Warnke, Williams, Zimmerman.

Senate Staff:Jan Sharar (786-7715)

                  April 16, 1987

AS PASSED SENATE, MARCH 17, 1987

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.

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

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

Fiscal Note:      available

Effective Date:July 1, 1987

Senate Committee - Testified: JUDICIARY:  Lyle Quasim, Director, Division of Mental Health, DSHS

Senate Committee - Testified: WAYS & MEANS:  Joseph Lehman, Department of Corrections

HOUSE AMENDMENTS:

Language which allows the court to convert the balance of confinement for felony sex offenders to community supervision does not apply in those instances where the sex offense is either first-degree or second-degree rape.