HOUSE BILL REPORT

EHB 1342

BYRepresentatives Dellwo, Locke, Crane, Wineberry, Moyer, Padden, Belcher, H. Myers, Day, Winsley, Rector and Sprenkle; by request of Department of Corrections

Allowing department of corrections to petition for review of sentences.

House Committe on Judiciary

Majority Report:  Do pass with amendment.  (17)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Dellwo, Inslee, P. King, Locke, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, Tate, Van Luven and Wineberry.

House Staff:Pat Shelledy (786-7149)

AS PASSED HOUSE FEBRUARY 27, 1989

BACKGROUND:

Department appeal of sentences.  After a judge sentences a defendant, either the state or the defendant may appeal the sentence if either party believes the court exceeded its authority to impose certain provisions of the sentence.  However, if neither the state nor the defendant appeals the judgment and sentence, the department of corrections may still believe that the judgment is erroneous.  The department is then in the position of enforcing what the department believes to be an erroneous sentence or disregarding the judgment.  In several cases, the department opted for the latter approach and has been consistently reversed for its action.  The appellate court has repeatedly advised the department that the appropriate procedure is to return the defendant to the trial court for resentencing.  However, no formal procedure exists to return the defendant to the trial court for resentencing.  Additionally, if the trial court declines to resentence the defendant, no formal procedure exists so that the department can challenge the court's sentence in the appellate courts.

Restoration of civil rights.  If a person lives in Washington and has previously been convicted of a felony under federal law or another state law, the person must petition the governor for restoration of civil rights lost by operation of our state law. In contrast, the board of clemency and paroles has that authority for restoring the civil rights of person convicted under Washington law.

SUMMARY:

Department appeal of sentences.  This bill provides that the department may petition the appellate court for review of the superior court's judgment and sentence based on "errors of law."  The time limit is 90 days after the department has actual knowledge of the judgment's terms.  The bill provides that the department shall certify that it made all reasonable efforts to resolve the matter at the trial court level before the appeal.

Pardons.  The bill would allow the board of clemency and pardons to restore the civil rights of petitioners convicted of federal or out-of state convictions.  The board's powers are limited to restoring the right to vote and to engage in political office.  All other rights must be restored by the governor.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Bill Williams, Assistant Attorney General; Trudy Schmidly, Chair, Pardons and Clemency Board; Mike Redman, WAPA; Nancy Campbell, Department of Corrections; Edith Rice, Department of Corrections.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    A small number of judgments and sentences require the department of corrections to enforce erroneous sentences.  The department is caught in the middle between the sentence and the contrary legislative dictate.  Although many can be handled informally, this bill would provide a procedure if the department and sentencing judge could not resolve a difference of opinion about the validity of the sentence.  The current process is unnecessary and laborious.  This would streamline pardons.

House Committee - Testimony Against:      None Presented.