SENATE BILL REPORT

SB 5278

BYSenators Madsen and Talmadge

Changing provisions relating to where terms of confinement are served.

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):February 1, 1989

Senate Staff:Kris Zabriskie (786-7439)

AS OF FEBRUARY 22, 1989

BACKGROUND:

A criminal offender who receives a term of confinement of over a year serves that sentence in an institution operated or utilized under contract by the state, while offenders receiving a term of one year or less serve their sentences in a facility operated or utilized by the county.

Some of the counties in the state are experiencing serious jail overcrowding, while state facilities are not overcrowded.  In order to reduce jail overcrowding, the legislators are recommending that offenders receiving a term of more than six months serve their sentences in state facilities.

Felony sex offenders must receive a minimum sentence of over one year in order to qualify for a court recommendation of treatment and community supervision rather than incarceration.

SUMMARY:

An offender receiving a term of confinement of more than six months for a felony is committed to the custody of the Department of Corrections and serves his or her sentence in a state rather than a county facility.  A county using a state facility for partial confinement of a person who is sentenced to not more than six months must reimburse the state for the use of the facility.

A person who is sentenced for a felony to a term of not more than six months, who is currently committed or has previously been committed to a state facility for a felony conviction, must serve all terms of confinement, including a sentence of less than six months in a state facility.

When sentencing a felony sex offender who receives over six months but less than six years, the judge may request the Department of Corrections to evaluate whether the offender is amenable to treatment and the department may place this offender in a treatment program within a state operated correctional facility.

The Sentencing Guidelines Commission must review this act and submit any recommended revisions in the standard sentencing ranges to the Legislature by November 15, 1989.  This act does not take effect until July 1, 1990.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 20, 1989

Effective Date:July 1, 1990