HOUSE BILL ANALYSIS
HB 1859
Title: An act relating to first‑time offender
status under the sentencing reform act.
Brief Description: Amending the definition of "first‑time
offender" under the sentencing reform act.
Sponsors:
Representatives Constantine, Koster, Hatfield, Cairnes, Dickerson, Quall,
Lantz, Veloria and Dunn.
HOUSE
COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS
Staff:
Yvonne Walker (786-7841).
Background:
First Time Offender. An offender is considered a "First Time
Offender" if he or she:
CHas not been convicted of a violent
offense;
CHas not been convicted of
manufacture, delivery, or possession with intent to manufacture or deliver a
schedule I (heroin) or II narcotic drug, flunitrazepam classified in schedule
IV or methamphetamine;
CHas not been convicted of selling for
profit any controlled substance or counterfeit substance;
CHas not been convicted of a sex
offense;
CHas not previously been convicted of
a felony in this state, federal court, or another state or foreign county;
CHas never participated in a program
of deferred prosecution for a felony offense; and
CHas no juvenile adjudication for any
felony offense.
Offenders that are considered First Time Offenders
are eligible for the "First Time Offender Waiver". The AFirst Time Offender Waiver@ is an alternative sentencing option
to the standard range for certain first-time offenders. The court is given
discretion in setting the sentence for an offender that is eligible for the
First Time Offender Waiver. Choices available to the court include:
CImposing up to 90 days of confinement
in a facility operated or utilized under contract by the county;
CRequiring up to two years of
community supervision which, in addition to crime-related prohibitions, may
include requirements that the offender perform any one or more of a number of
affirmative conditions. These conditions include: (1) Devoting time to a
specific employment or occupation; (2) Undergo available outpatient treatment
for up to two years, or inpatient treatment not to exceed the standard range of
confinement for that offense; (3) Pursue a prescribed, secular course of study
or vocational training; (4) Remain with prescribed geographical boundaries and
notify the court or a community corrections officer prior to any change in the
offender=s address or employment; (5) Report
as directed to the court and a community corrections officer; or (6) Pay all
court-ordered financial obligations or perform some community service work.
A court=s decision to impose or not to impose the First
Time Offender Waiver cannot be appealed by the prosecutor or defendant.
Summary:
First Time Offender. The definition of a AFirst Time Offender" is expanded
to include first time offenders convicted of drug offenses. These offenders
will now be eligible to participate in the "First Time Waiver"
sentencing program. Those first offenders, who were otherwise excluded before,
include those convicted of the offenses of manufacture, delivery, or possession
with intent to manufacture or deliver a schedule I or II narcotic drug,
flunitrazepam classified in schedule IV or methamphetamine; and those convicted
of selling for profit any controlled substance or counterfeit substance
classified in schedule I.
Fiscal Note: Requested on February 17, 1999.
Effective Date: Ninety days after adjournment of session in which
bill is passed.
Office of Program Research