SENATE BILL REPORT

SB 5412

BYSenators Pullen, Niemi, McCaslin, Nelson, Newhouse and Smith; by request of Office of Financial Management

Regarding the indeterminate sentencing review board.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 8, 1989; February 24, 1989

Majority Report:  That Substitute Senate Bill No. 5412 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; Madsen, Newhouse, Niemi, Rasmussen, Talmadge, Thorsness.

Senate Staff:Dick Armstrong (786-7460)

                  February 24, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 24, 1989

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 the committed offenders and would decide when the person would be paroled and under what circumstances the offender's parole could be revoked.  The 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 Sentencing Review Board.  The board assumed the responsibility for supervision, parole, and revocation of parole for persons convicted of felony offenses prior to July 1, l984, the effective date of the SRA.  The Legislature contemplated phasing out the Indeterminate Sentencing Review Board as more and more prisoners were sentenced under the SRA.  In 1986, the Legislature provided that the board would cease to exist on June 30, l992 and that all its powers, functions and duties involving persons sentenced under the indeterminate sentencing scheme would be transferred to the superior courts of Washington State.  The sentencing judge of the county in which the person was convicted would assume jurisdiction over the person.  Prior to this transfer, the Indeterminate Sentencing Review Board was 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 was also to provide a detailed implementation plan to the Legislature by 1990.  The Department of Corrections was to assist the judiciary in assuming responsibility for the offenders.

The Indeterminate Sentencing Review Board currently does not set minimum terms for persons incarcerated under mandatory life sentences.

SUMMARY:

The termination of the Indeterminate Sentencing Review Board is delayed until 1998.  The board is to make decisions on terms of confinement, including those relating to persons committed under mandatory life sentences.  Except for persons committed for life without the possibility of parole, the board is to fix the duration of confinement, considering the sentence for the same offense if the person had been convicted under the SRA.  The board must also consider the statements of the sentencing judge and the prosecutor.  The board may request statements from the victim.  The transfer of offenders to the superior court judges is eliminated.  Instead, the Governor, through the Office of Financial Management, is to develop alternative recommendations for carrying out the board's duties.  The recommendations must be presented to the Legislature by 1997.

EFFECT OF PROPOSED SUBSTITUTE:

Existing law is retained regarding the termination date of the Indeterminate Sentencing Review Board and the transfer of its functions to the superior court judges in 1992.

The board is required to fix the duration of confinement for persons committed under a mandatory life sentence, except for persons committed for life without possibility of parole.  The board is to consider the purpose and standards of the SRA in setting the term of confinement.  In addition to other requirements, the board is to consider statements of victims and law enforcement officers when fixing the duration of confinement.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Dan Bershauer, Superior Court Judges Association (pro); Mike Redman, WAPA (pro); Roxanne Park, Sentencing Commission (pro); Terry Sebring, Governor's office (pro); David Boemer, citizen (pro); Kit Bail, ISRB (pro)