SENATE BILL REPORT

SB 5654

BYSenators Talmadge, Moore, Bottiger, Deccio, Nelson and Rasmussen; by request of Department of Corrections

Revising provisions relating to criminal sentencing.

Senate Committee on Judiciary

Senate Hearing Date(s):February 16, 1987; February 27, 1987; March 2, 1987

Majority Report:  That Substitute Senate Bill No. 5654 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

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

Senate Staff:Carolyn Mayer (786-7418)

                  March 2, 1987

Senate Committee on Ways & Means

Senate Hearing Date(s):March 4, 1987

Majority Report:  That Second Substitute Senate Bill No. 5654 be substituted therefor, and the second substitute bill do pass.

      Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman, Deccio, Kreidler, Moore, Owen, Rinehart, Talmadge, Vognild, Warnke, Williams, Wojahn, Zimmerman.

Senate Staff:Jan Sharar (786-7715)

                  March 5, 1987

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 4, 1987

BACKGROUND:

The Department of Corrections' officers find it difficult to accomplish the intent of the Sentencing Reform Act.  It is suggested that changes be made in the law which enhance the ability of correction's officers to comply with the mandate of the Sentencing Reform Act.

SUMMARY:

The Department of Corrections must complete a presentence report on a defendant convicted of a felony sex offense.  Offenders sentenced to a period of community supervision may be required to notify the court or community correction's officer prior to any change in address or employment and to refrain from committing new offenses.

When an offender's sentence includes payment of a fine or restitution, all payments are ordered paid within 10 years after judgment and sentence.  Payments are supervised by the Department at a rate set by the court or the Department.  Any default in payment may be collected by any lawful means.  Judgments are made liens upon the defendant's property.

All qualified offenders are eligible to serve the final six months of their sentence in partial confinement.  A term of partial confinement is temporarily suspended when an offender spends time in total confinement for a new conviction or violates sentencing conditions on a separate felony conviction.  A term of supervision is temporarily suspended for any time the offender has been absent from supervision without prior approval.

In the event of a sentence violation, the court may convert a term of partial confinement to total confinement, convert a community service obligation to total or partial confinement, and convert monetary obligations except restitution and crime victim penalty assessments to community service at the minimum wage rate per hour of service.  Any offender who violates a sentence by committing a new offense receives credit of up to 60 days for time served in total confinement for the new conviction.  Community service hours must be completed within the community supervision period or within a time specified by the court, not to exceed 24 months.

Community supervision begins on the date of sentencing but is suspended during any time the offender is confined as part of his sentence or for a sentencing violation.  There shall be an upper limit of 24 months on the period of community supervision for consecutive sentences.

The court may order a person sentenced for a felony committed before July 1, 1984, to be placed under the charge of the Secretary of Corrections or his designees.  The court may order a person who has received a suspended sentence for conviction of a misdemeanor to be supervised by a county probation officer.

EFFECT OF PROPOSED SUBSTITUTE:

The Department shall give priority to sex offenders overall all other offenders when completing presentence investigations.

The court may specifically require an offender under community supervision to refrain from committing offenses which are violent, involve a deadly weapon, or violate the Uniform Controlled Substances Act.  An offender who violates any of these conditions may be arrested and detained for up to five days at state expense.

Misdemeanants are not eligible for supervision by county parole officers.

Fiscal Note:      available

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

EFFECT OF PROPOSED SECOND SUBSTITUTE:

Several technical changes were made in terminology and dates.

Senate Committee - Testified: JUDICIARY:  John Ostlund, Washington Association of Public Defenders; Nancy Campbell, Department of Corrections Division of Community Services; Mike Redman, Executive Director, Washington Association of Prosecuting Attorneys; Kurt Sharar, Washington State Association of Counties; Roxanne Park, Sentencing Guidelines Commission

Senate Committee - Testified: WAYS & MEANS:  Chase Riveland, Department of Corrections; Ruta Fanning, Department of Corrections