SENATE BILL REPORT

SB 6094

BYSenators Pullen, Talmadge, Garrett, Johnson, Rasmussen and McMullen; by request of Department of Corrections

Providing for imposing crime-related conditions on offenders.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 20, 1988; January 25, 1988

Majority Report:  That Substitute Senate Bill No. 6094 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Talmadge.

Senate Staff:Lidia Mori (786-7418)

                  January 25, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 25, 1988

BACKGROUND:

Offenders who are convicted of a sex offense other than rape in the first degree and rape in the second degree and have no prior convictions for a sex offense or any other felony sexual offenses in this or any other state may be ordered by the court to undergo an examination to determine whether they are amenable to treatment.  The court may then decide to use the special sexual offender sentencing alternative.  If the maximum pertinent sentence within the range is less than six years of confinement, the court may suspend the sentence and place the offender on community supervision for up to two years and impose conditions including up to six months of confinement.

SUMMARY:

As a condition to a suspended sentence involving community supervision, an offender may be required to refrain from committing violent offenses, offenses involving a deadly weapon and any felony violation of the uniform controlled substances act. 

Offenders sentenced to terms involving court imposed monetary obligations are under the supervision of the secretary of the department of corrections or such person as the secretary may designate.  The offenders are required to follow the instructions of the secretary relating to refraining from committing violent offenses, offenses involving a deadly weapon, and any felony violation of the uniform controlled substances act and such other instructions that provide for the monitoring of court imposed conditions.

EFFECT OF PROPOSED SUBSTITUTE:

Offenders sentenced to terms involving community supervision, community service, restitution or fines are under the supervision of the Secretary of the Department of Corrections.  They must follow the instructions of the Secretary relating to refraining from community violent offenses, offenses involving a deadly weapon and any felony violation of the Uniform Controlled Substance Act.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Roxanne Park, Sentencing Guidelines Commission; Nancy Campbell, Department of Corrections; Chase Riveland, Lin Miller and Roger Hanson, Community Corrections