4433 AMH **** 12 [12]

HCR 4433 - H AMD 1288

By Representative Padden

On page 1, line 1, after "WHEREAS," strike the remainder of the resolution and insert the following:

"One of the most fundamental responsibilities government owes its citizens is to maintain public safety, and one of the highest priorities of government is to protect persons and their property by adequately punishing and restraining those who cause them harm; and

WHEREAS, The public is questioning why convicted, incarcerated criminals should be granted good-time credits and early release and is demanding that offenders be required to serve the full terms of their original sentences; and

WHEREAS, The people of Washington state and particularly those citizens who have been victims of crime have a right to expect their government will ensure that individuals convicted of serious, violent crimes are removed from the community, and that incarcerated criminals serve their full sentences as originally imposed; and

WHEREAS, There is no way to shorten the original sentences imposed on victims by criminals that resulted in offenders becoming prison inmates in the first place; and

WHEREAS, Eliminating good-time credits and early release of convicted, incarcerated criminals would better ensure that the rights of victims are maintained and would better assist government in meeting its responsibility and priority of maintaining public safety and protecting its citizens; and

WHEREAS, Those who commit crimes should be appropriately punished in order that they learn personal responsibility, self-control, respect for the law, an understanding of the pain they have caused their victims, and an appreciation of the freedoms and many legitimate opportunities available outside correctional and detention facilities; and

WHEREAS, Eliminating good-time credits and early release of convicted, incarcerated criminals would better ensure offenders know that their punishment is certain and that they will be held accountable for their acts; and

WHEREAS, Programs and activities available to inmates in correctional and detention facilities should reflect positive character traits, practical qualities, and constructive values that contribute to the betterment of society, promote good citizenship, and prepare inmates to lead disciplined, productive, and law-abiding lives upon their release; and

WHEREAS, Eliminating good-time credits and early release of convicted, incarcerated criminals would better ensure that inmates are adequately prepared to re-enter society; and

WHEREAS, The expense of keeping violent criminals in secure confinement is substantially less significant than the expense of letting violent criminals back on the streets, and the economic, social and personal costs of crime to victims far outweigh the costs of apprehending, prosecuting, and incarcerating for the full terms of their original sentences those who commit serious, violent crimes; and

WHEREAS, The costs of incarceration are higher in Washington state than the national average which suggests that Washington can and should find ways to reduce its average cost of incarceration; and

WHEREAS, Funds saved through cost-cutting measures, such as allowing privatization and reducing restraints on competitive bidding for the design, construction and operation of correctional and detention facilities, programs, and services, would help meet state and local criminal justice funding needs and the additional costs resulting from the elimination of good-time credits and early release;

WHEREAS, The policies of granting good-time credits and early release are unfair to those who were the victims of such prisoners and to the victims of future crimes committed by offenders on early release; and

WHEREAS, It is time that government began listening to what the law-abiding citizens of Washington state are demanding rather than what convicted felons would like;

NOW, THEREFORE, BE IT RESOLVED, By the House of Representatives of the state of Washington, the Senate concurring, That a Legislative Task Force on Truth in Sentencing be established to: (1) Review the current statutes, regulations, and administrative policies under which the Department of Corrections grants good-time credits and early release and propose their demise; (2) study the effect that early release programs have had on victims of felons who are out on early release; (3) recommend alternatives to the Department of Corrections' use of good-time credits, early release, and other incentives for controlling inmate behavior such as allowing for an increase in sentences up to 50% over the given sentence for bad behavior; and (4) estimate the fiscal impact of any recommended modifications or alternatives, including societal cost savings from crimes that are not committed because felons are in prison, including the cost savings of allowing privatization and reducing restraints on competitive bidding for the design, construction and operation of correctional and detention facilities, programs, and services, and other innovative cost-cutting measures, to off-set the costs of eliminating early release for convicted, incarcerated criminals; and

BE IT FURTHER RESOLVED, That the task force shall consist of the following ten voting members:

(1) Five members from the Senate Committee on Law and Justice, one of whom shall be the committee chair, two of whom shall be additional members from the majority party, and two of whom shall be members from the minority party, to be appointed by each of the two largest caucuses in the Senate respectively; and

(2) Five members from the House of Representatives Committee on Corrections, one of whom shall be the committee chair, two of whom shall be additional members from the majority party, and two of whom shall be members from the minority party, to be appointed by each of the two largest caucuses in the House of Representatives respectively; and

BE IT FURTHER RESOLVED, That a representative from the Department of Corrections shall act as a liaison and nonvoting member of the task force; and

BE IT FURTHER RESOLVED, That a representative from a crime victims group shall act as a liaison and nonvoting member of the task force; and

BE IT FURTHER RESOLVED, That the task force shall be cochaired by the chair of the House of Representatives Committee on Corrections and the chair of the Senate Committee on Law and Justice, or their designees; and

BE IT FURTHER RESOLVED, That the task force shall consult with members of the public and private sectors or ask such persons to form an advisory committee; and

BE IT FURTHER RESOLVED, That the task force shall use legislative staff and facilities. All expenses of the task force, including travel, shall be paid jointly by the Senate and the House of Representatives; and

BE IT FURTHER RESOLVED, That the task force shall report its findings and recommendations to eliminate the use of good-time credits and early release to the legislature by December 31, 1994; and

BE IT FURTHER RESOLVED, That the task force shall expire December 31, 1994."