SENATE BILL REPORT

SB 5111

BYSenators Pullen, Niemi, Thorsness, McCaslin and Johnson

Modifying work release provisions.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 18, 1989; January 30, 1989

Majority Report:  That Substitute Senate Bill No. 5111 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Jon Carlson (786-7459)

                  January 30, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):March 2, 1989; March 3, 1989

Majority Report:  That Second Substitute Senate Bill No. 5111 be substituted therefor, and the second substitute bill do pass.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bluechel, Cantu, Gaspard, Hayner, Johnson, Lee, Matson, Moore, Newhouse, Niemi, Owen, Saling, Smith, Talmadge, Warnke, Wojahn.

Senate Staff:Randy Hodgins (786-7438)

                  March 6, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 3, 1989

BACKGROUND:

Current law allows offenders who qualify under the Sentencing Reform Act to serve the final six months of their sentences in a partial confinement work release program.  There is concern that this provision, in conjunction with earned early release time, entitles the offender to spend substantially less time in the correctional facility than was intended under the Sentencing Reform Act.

The potential risk posed by work release centers to surrounding communities has generated interest in additional reforms to the work release system, particularly in view of recent incidents where inmates have escaped and committed violent offenses, including murder.

SUMMARY:

A maximum of three months in the work release program is authorized for offenders with sentences of less than three years, and up to six months for offenders with sentences of three or more years.  An offender's participation in the work release program is reduced as his or her offender score increases on the sentencing guidelines grid.

The Department of Corrections is required to encourage businesses employing work release inmates to contact the appropriate work release facility whenever an inmate is absent from work.  In addition, the department must develop a siting policy for future work release facilities, in conjunction with cities, counties, and the Department of Community Development.

The department must establish a case management procedure to evaluate and determine those work release inmates in need of treatment, and develop a treatment program best suited to each inmate's needs.

By June 1 of each year, the department must submit to the Senate Law and Justice Committee and the House of Representatives Judiciary Committee a report on the status of the work release program for the previous year.

EFFECT OF PROPOSED SUBSTITUTE:

The Department of Corrections is required to establish, by rule, inmate eligibility standards for participation in the work release program.  The department must also conduct an examination of security and inmate supervision policies at each work release facility and establish physical standards for future work release structures.  In addition, the department is required to evaluate its recordkeeping of serious infractions and determine if infractions are properly and consistently assessed against inmates eligible for work release.

The department must report to the Legislature on a case management procedure to evaluate and determine those inmates on work release who need treatment.  The report is to consider a written treatment plan best suited to each inmate's needs, and the relationship of community placement and community corrections officers to a system of case management.

The department is required to comply with these requirements by July 1, 1990.

 EFFECT OF PROPOSED SECOND SUBSTITUTE:

The provision which reduces from six months to three months the maximum amount of time an offender with a sentence of less than three years may spend in a work release program is omitted.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: LAW & JUSTICE:  Casey Carmody, Friends of Diane Ballasiotes (pro)

Senate Committee - Testified: WAYS & MEANS: Senator Kent Pullen (pro); Eleanora Ballasoites (pro); Mike Redman, Washington Association of Prosecuting Attorneys (pro); Mike Doubleday, City of Seattle (pro); Joe Lehman, Department of Corrections; John King, Department of Corrections