SENATE BILL REPORT

SB 5589

BYSenators Pullen, Rasmussen, McCaslin, Benitz, Gaspard, von Reichbauer and Johnson

Revising the offender score for serious violent offenses.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 18, 1989; January 31, 1989

Majority Report:  Do pass.

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

Senate Staff:Jon Carlson (786-7459)

                  January 31, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 31, 1989

BACKGROUND:

The Sentencing Reform Act of 1981 (SRA) established a presumptive and determinate sentencing law for the state.  The act also created the Sentencing Guidelines Commission to oversee the administration of the law.

The SRA provides a grid of presumed sentences for felony convictions based on the statutory ranking of crimes as to their seriousness and on the criminal history of offenders.  The presumptive sentence is a range of prison time within which the judge is to set the defendant's actual term of confinement.  The judge may impose an exceptional sentence outside the presumptive range under certain statutorily prescribed circumstances.  Exceptional sentences must be supported in writing by the judge and are subject to appeal by either the prosecution or defense.

It is recommended that the guidelines be changed with respect to the offender score of a person convicted of a violent felony offense who has a criminal history of violence.

SUMMARY:

The offender scores on the sentencing grid are increased for serious violent and violent offenses.

A person convicted of a violent offense receives three offender score points for each prior adult violent felony convictions.

Persons convicted of a serious violent offense receive five points for each prior adult serious violent felony conviction, and three points for each prior juvenile serious violent felony conviction.

Persons convicted of a serious violent felony receive three points for each prior adult violent felony conviction and two points for each juvenile violent felony conviction.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 13, 1989

Effective Date:January 1, 1991

Senate Committee - Testified: Roxanne Park, David Fallon, Sentencing Guidelines Commission