SENATE BILL REPORT

SB 5577

BYSenators Halsan, Talmadge, McCaslin, Bottiger and Moore; by request of Department of Corrections

Establishing the community custody program.

Senate Committee on Judiciary

Senate Hearing Date(s):February 16, 1987

Senate Staff:Carolyn Mayer (786-7465)

AS OF FEBRUARY 13, 1987

BACKGROUND:

Currently, the law does not provide for the inclusion of post release supervision in sentencing convicted offenders.  It has been suggested that serious violent offenders and sex offenders present a serious danger to the public upon their release from prison.

SUMMARY:

Community custody is designed to intensely monitor serious violent offenders and sex offenders upon their release from prison.  Transfer of these offenders from confinement to community custody may be ordered by the Department of Corrections up to the amount of time equal to their early good time release or one year, whichever is less.

When a violent or sex offender is sentenced, the court shall unless it waives, include standard conditions regarding the community custody program.  The court may additionally order any special conditions it deems necessary to protect the public.  Conditions of community custody may be modified within 30 days prior to transfer and throughout the period of community custody.

An offender who was sentenced to community custody is an "inmate" and any violations of community custody conditions will be handled administratively.  If any offender violates a community custody condition, the Secretary may issue a warrant authorizing any law enforcement or community corrections officer of any state to arrest the offender and place him in total confinement.  If a community custody officer has reasonable cause to believe an offender has violated a condition, he or she may suspend an offender's community custody status and arrest and detain him pending hearing.  Sanctions may be imposed by the Department of Corrections upon a finding that a violation has occurred.  If an offender fails to report to his community custody officer as required, he shall be guilty of a class C felony.

The offender's period of community custody is told during any period of confinement or during any period during which the offender has been absent from monitoring without prior approval.  However, if any offender is detained and is later found not to have violated a condition, time spent in total confinement shall not total the period of community custody.

Fiscal Note:      requested

Effective Date:The bill contains an emergency clause and takes effect immediately.