SENATE BILL REPORT

SB 6393

BYSenators Craswell, Johnson, Talmadge, Rasmussen and Bailey

Enacting the home incarceration and restitution act.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 20, 1988; February 4, 1988

Majority Report:  That Substitute Senate Bill No. 6393 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Jeanne Cushman Scott (786-7461)

                  February 5, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 4, 1988

BACKGROUND:

In recent years, electronic systems have been developed and tested which make home detention of criminals available as an alternative to incarceration in jail.  When sentences are served in home incarceration, it is possible for the detained person to continue working and the ability to pay restitution for damages resulting from the crime is thereby enhanced.

SUMMARY:

The county legislative authority may allow persons guilty of a misdemeanor to petition the sentencing court for an order directing that all or part of the sentence be served in home incarceration.  When the court orders home incarceration, the court must order the defendant to make restitution if the crime victim suffers damage as a result of the crime.

A person previously convicted of, or currently being sentenced for, a violent offense is not eligible for home incarceration.  Fees for supervision or equipment usage must be paid to the county sheriff by the person serving in home incarceration, as well as an additional fee of 2 percent of the amount of restitution payable to the court clerk to defray administrative costs.

Persons serving in home incarceration may live with their immediate family or in certain group situations.  All adult persons sharing the home are subject to court approval and must file a written and notarized consent agreement with the court.

Other conditions of home incarceration are set forth and courts have the option of imposing additional conditions on the defendant. 

EFFECT OF PROPOSED SUBSTITUTE:

Conditions of sentencing are omitted.  Conditions for serving sentence in home incarceration are modified.

Persons serving a term of home incarceration in a single family dwelling are not restricted to living with their immediate family.

Random and regular checks of home incarcerees' presence in the home must be made.  Failure to respond to a regularly scheduled check is grounds for revocation of the home incarceration sentence.  The home incarceree is entitled to a hearing on the issue of revocation and revocation requires a finding of clear and convincing evidence.

The restrictions as to who may serve a sentence of home incarceration are modified.  In addition to violent offenses, no person previously convicted of, or currently being sentenced for, the crime of escape, a sexual offense, or has an offender score of four or greater under sentencing guidelines is eligible for home incarceration.

Fees for supervision of home incarcerees are to be assessed on a sliding scale based on income, expenses paid and net income.  The supervising authority is to be designated by the county legislative authority.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Senator Craswell, sponsor; Dennis Flandreau, HITEK Community Control Corp.; Gary Edwards, Thurston County Sheriff and WASPC; Kurt Sharar, Washington State Association of Counties; Jerry Sheehan, ACLU