SENATE BILL REPORT

SB 6194

BYSenators Vognild, Hayner, Talmadge, Halsan, Deccio and Smith

Authorizing residential confinement of an offender.

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):January 26, 1988; January 27, 1988

Majority Report:  That Substitute Senate Bill No. 6194 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Deccio, Chairman; Johnson, Vice Chairman; Kreidler, Niemi, Smith, Wojahn.

Senate Staff:Dee Knapp (786-7452)

                  January 28, 1988

AS REPORTED BY COMMITTEE ON HEALTH CARE & CORRECTIONS, JANUARY 27, 1988

BACKGROUND:

Concerns have arisen about the costs of confining criminal offenders and problems with jail overcrowding.  An alternative to institutional confinement for non-violent, and non-sex offenders is residential confinement in the offender's own home.  Current law does not authorize this type of confinement.

SUMMARY:

Conditional release from custody under the Sentence Reform Act may include confinement to the defendant's own residence. This confinement is to be continually monitored by the state or the local unit of government.

A special condition of probation under the Sentence Reform Act is created. This condition of probation may include confinement in the county jail or confinement to the probationer's own residence, or a combination of the two.  The period of confinement may not exceed one year or one-half the maximum confinement period allowed on the offense whichever is less. Those convicted of violent crimes or a crime against a child cannot be ordered to residential confinement.

The term total confinement includes residential confinement.

EFFECT OF PROPOSED SUBSTITUTE:

The term "partial confinement" in the Sentencing Reform Act includes "home detention".  "Home detention" means a program where an offender is confined in a private residence subject to electronic surveillance.  Participants must be employed or attend school and abide by the rules of the program.  Violent offenders, sex offenders and certain drug offenders may not participate.  Those who violate the terms of home detention may be transferred to the county detention facility in the same manner and with the same rights as those who violate work release.  The term "detention facility" in the escape section of the criminal code includes the home used for home detention.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: no one