SENATE BILL REPORT

EHB 1019

BYRepresentatives P. King and Scott

Allowing home detention for certain burglars.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):March 29, 1989; March 30, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Hayner, Nelson, Newhouse, Niemi, Talmadge, Thorsness.

Senate Staff:Jon Carlson (786-7459)

                  March 30, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 30, 1989

BACKGROUND:

Home detention is a program of partial confinement of an offender in a private residence subject to electronic surveillance.  The Sentencing Reform Act of 1981 sets out a list of felony offenses for which the home detention may not be imposed.  Currently, participation in the program requires a person to obtain or maintain employment or be enrolled in school.

SUMMARY:

The definition of home detention is modified to delete second degree burglary from the list of offenses which are ineligible for home detention.  Offenders convicted of second degree burglary are eligible for home detention, under certain circumstances:  (1) the offender has successfully completed 21 days in a work release facility; (2) the offender has no burglary convictions during the preceding two years; (3) the offender has no violent felony convictions during the preceding two years, and (4) the offender has no prior convictions for escape.

In addition, the definition of home detention is modified to exclude offenders convicted of any drug offense.  An exception is created for offenders convicted of possession of a controlled substance or forged prescription for a controlled substance if the offender fulfills the program's other requirements and is monitored for drug use by Treatment Alternatives to Street Crime (TASC) or a comparable program.  Further, the home detention program is expanded to include those persons who are otherwise eligible for the program and who comply with program rules but are unemployed or not in school if (a) the person has to perform parental duties to minors in the person's custody or (b) the person is ill, or (c)  the person's, other inmates', or the staff's health would be jeopardized by the offender's incarceration.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 19, 1989

SUMMARY OF PROPOSED SENATE AMENDMENT:

Home detention eligibility for offenders convicted of second degree burglary is further modified to additionally require that the offender have no more than two prior convictions for either burglary or a violent felony offense.

Senate Committee - Testified: Steve Schwalb, King County Department of Adult Detention; Steve Wilen, King County Department of Adult Detention