SENATE BILL REPORT

SB 5674

BYSenators Pullen, McCaslin, Thorsness, Rasmussen, Nelson and Smitherman

Changing provisions relating to community placement of sex offenders.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 13, 1989; February 27, 1989

Majority Report:  That Substitute Senate Bill No. 5674 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

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

Senate Staff:Joyce Ansley (786-7418)

                  February 28, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 27, 1989

BACKGROUND:

As of July 1, 1988, the sentencing court in a felony case is required to add one year of post-release supervision (technically referred to as "community placement") to the sentence of any person convicted of a sex offense, a serious violent offense, assault in the second degree, a felony drug offense, or any crime against a person where it is determined that the defendant was armed with a deadly weapon when the crime was committed.

Post-release supervision includes:  (1) reporting to community corrections officers; (2) employment and education approved by the Department of Corrections; (3) restrictions on living arrangements, socializing with prior offenders, and the consumption of alcohol and drugs; (4) crime-related treatment or counseling services; and (5) crime-related prohibitions.

It is suggested that a one-year period of post-release supervision may not be a sufficient period of time to monitor and restrict the activities of a sex offender.

SUMMARY:

For a felony sex offense committed after July 1, 1989, the sentencing court is required to sentence the offender to a term of periodic community follow-up for the duration of the offender's life.

The sentence shall include:  (1) reporting to assigned community corrections officers on a periodic basis as directed; (2) working at Department of Corrections-approved employment or community service for a one-year period; (3) prohibition of consumption of controlled substances; (4) prohibition of unlawful possession of controlled substances; and (5) payment of community placement fees as determined by the Department of Corrections.

The court may also order any of the following special conditions:  (1) remaining within a specified geographical boundary for a one-year period; (2) prohibitions on contact with the victim of the crime or a specified class of individuals; (3) participation in crime-related treatment or counseling services; (4) prohibition of the consumption of alcohol; (5) prior approval by the Department of Corrections on living arrangements for a one-year period; and (6) complying with any crime-related prohibitions.

EFFECT OF PROPOSED SUBSTITUTE:

A definition of periodic follow-up is added.  Community placement under subsection (8) will precede the periodic follow-up in subsection (9).  The duration of the periodic follow-up is changed to the remainder of the statutory maximum term of imprisonment.  The periodic follow-up period under subsection (9) begins upon completion of the term of community placement required by subsection (8).

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Eleanor Ballasiotes (pro); Roger Wolfe, NW Treatment Associates (pro)