FINAL BILL REPORT

SHB 1457

                                  C 259 L 89

BYHouse Committee on Appropriations (originally sponsored by Representatives Appelwick, Schmidt, Dellwo, Patrick, Braddock, Belcher, Sayan, Locke, Wineberry and P. King; by request of  Office of Financial Management)

Regarding the indeterminate sentencing review board.

House Committe on Judiciary

Rereferred House Committee on Appropriations

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

When the Sentencing Reform Act (SRA) was enacted in 1981, Washington changed from an indeterminate to determinate sentencing scheme. Under the indeterminate scheme, the board of prison terms and paroles had jurisdiction over prisoners and would decide when prisoners would be paroled.  The sentencing judge would recommend a minimum term but other responsibilities rested with the board. In 1986, the board of prison terms and paroles was redesignated the Indeterminate Sentence Review Board.  The Indeterminate Sentence Review Board assumed the responsibility of supervision, parole, and revocation of those persons sentenced to felony offenses prior to July 1, 1984 which was the effective date of the SRA.  The Legislature contemplated phasing out the Indeterminate Sentencing Review Board as more prisoners were sentenced under the SRA.  In 1986, the Legislature provided that the board will cease to exist on June 30, 1992 and that all of its powers and duties involving persons sentenced under the indeterminate sentencing scheme will be transferred to the superior courts of Washington state.  The sentencing judge of the county in which the person was convicted will then assume jurisdiction over the prisoner.  Prior to this transfer, the indeterminate sentencing board is required to prepare a report on each offender and make recommendations to the superior court regarding the offender's suitability for parole and appropriate parole conditions.  The board is also to provide a detailed implementation plan to the Legislature by 1990.  The Department of Corrections is to assist the judiciary in assuming responsibility for the offenders.

The Indeterminate Sentence Review Board currently does not set minimum terms for persons incarcerated under mandatory life sentences, nor for persons who have been convicted under the habitual offender status.

SUMMARY:

The termination of the Indeterminate Sentence Review Board is delayed until 1998.  The board will continue to set minimum terms of confinement, including terms for prisoners committed under mandatory life sentences, but not life sentences with no possibility of parole, and for prisoners incarcerated under habitual offender convictions.  When the board sets the minimum term, the board must consider what sentence a court might impose for the same offense if the prisoner had been convicted under the SRA.  The board must also consider input from the sentencing judge, prosecutor, victim, and investigative law enforcement officer.  The board will prepare a report on each offender.  The offenders will not be transferred to the superior court judges.  Instead, the Office of Financial Management shall develop alternative recommendations for assuming the board's duties.  The recommendations must be presented to the 1997 Legislature.  A $316,000 appropriation is made to the board from the general fund.

VOTES ON FINAL PASSAGE:

      House 76  22

      Senate    39     8 (Senate amended)

      House             (House refused to concur)

Free Conference Committee

      Senate    39     9

      House 70  27

EFFECTIVE:July 23, 1989