BP BHEAD INT S [atlas:bill]

AN ACT Relating to prisoner release; amending RCW 9.94A.150, 9.95.110, and 72.02.100; adding a new section to chapter 9.94A RCW; creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) The legislature finds and declares that:

(a) Released prisoners frequently remain in the county containing the correctional facility from which they are released resulting in counties that contain correctional facilities having a disproportionate share of released prisoners; and

(b) The increased numbers of released prisoners in counties containing correctional facilities result in increased costs and higher crime rates for those counties.

(2) It is the intent of the legislature that:

(a) Whenever possible, prisoners unconditionally discharged from state correctional institutions be released in the county of original commitment; and

(b) Whenever possible, prisoners released on parole or under community placement be required to reside in the county of original commitment for the duration of the parole or community placement.

NEW SECTION. Sec. 2. A new section is added to chapter 9.94A RCW to read as follows:

(1) When the department transfers an offender to community custody under RCW 9.94A.150(2), the department shall order, as a condition of the community custody, that the offender reside for the duration of the community custody in the county in which the offender was originally committed unless the department waives the residency requirement under subsection (3) of this section.

(2) When a court sentences an offender to postrelease supervision, the court shall order, as a condition of the postrelease supervision, that the offender reside for the duration of the postrelease supervision in the county in which the offender was originally committed unless the court waives the residency requirement under subsection (3) of this section.

(3) Upon motion of the department, a victim, or a prosecutor, the department or the court may waive the residency requirement in subsections (1) and (2) of this section only after making a finding that one of the following conditions has been met:

(a) The offender provides proof of employment with no set ending date in a county other than the county in which the offender was originally committed. The proof of employment shall include the employer's unified business identifier account number and an affidavit from the employer verifying the offender's employment;

(b) The presence of the offender in the county in which the offender was originally committed is found to pose a significant danger to the victim of the offender's crime;

(c) The offender has biological or adoptive family members who have continuously resided in a county other than the county in which the offender was originally committed for at least six months prior to the offender's release and who will be materially significant in aiding in the rehabilitation of the offender and in the success of the community custody or postrelease supervision. At least one of the biological or adoptive family members shall provide proof of current employment that began at least three months prior to the offender's release. Such proof shall include the employer's unified business identifier account number and an affidavit from the employer verifying the biological or adoptive family member's employment;

(d) The offender has a spouse who has continuously resided in a county other than the county in which the offender was originally committed for at least six months prior to the offender's release;

(e) The offender has a biological child with a person who is not a spouse and the person has continuously resided with the child in a county other than the county in which the offender was originally committed for at least six months prior to the offender's release. The person shall provide proof of current employment that began at least three months prior to the offender's release. Such proof shall include the employer's unified business identifier account number and an affidavit from the employer verifying the person's employment;

(f) As another condition of community custody or postrelease supervision, the offender is required to participate in a treatment program which is not available or located in the county in which the offender was originally committed;

(g) The offender desires to serve his or her community custody or postrelease supervision in another state; or

(h) The department or the court finds other good cause, of a nature similar to the other conditions listed in this subsection, for the waiver and the alternate location of the offender's community custody or postrelease supervision is not in the county in which the offender is incarcerated.

Sec. 3. RCW 9.94A.150 and 1996 c 199 s 2 are each amended to read as follows:

No person serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:

(1) Except as otherwise provided for in subsection (2) of this section, the term of the sentence of an offender committed to a correctional facility operated by the department, may be reduced by earned early release time in accordance with procedures that shall be developed and promulgated by the correctional agency having jurisdiction in which the offender is confined. The earned early release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned early release credits in advance of the offender actually earning the credits. Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department of corrections, the county jail facility shall certify to the department the amount of time spent in custody at the facility and the amount of earned early release time. In the case of an offender who has been convicted of a felony committed after July 23, 1995, that involves any applicable deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both, shall not receive any good time credits or earned early release time for that portion of his or her sentence that results from any deadly weapon enhancements. In the case of an offender convicted of a serious violent offense or a sex offense that is a class A felony committed on or after July 1, 1990, the aggregate earned early release time may not exceed fifteen percent of the sentence. In no other case shall the aggregate earned early release time exceed one-third of the total sentence;

(2) A person convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, vehicular homicide, vehicular assault, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW may become eligible, in accordance with a program developed by the department subject to section 2 of this act, for transfer to community custody status in lieu of earned early release time pursuant to subsection (1) of this section;

(3) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, offenders may leave a correctional facility when in the custody of a corrections officer or officers;

(4) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;

(5) No more than the final six months of the sentence may be served in partial confinement designed to aid the offender in finding work and reestablishing himself or herself in the community;

(6) The governor may pardon any offender;

(7) The department of corrections may release an offender from confinement any time within ten days before a release date calculated under this section; and

(8) An offender may leave a correctional facility prior to completion of his sentence if the sentence has been reduced as provided in RCW 9.94A.160.

Notwithstanding any other provisions of this section, an offender sentenced for a felony crime listed in RCW 9.94A.120(4) as subject to a mandatory minimum sentence of total confinement shall not be released from total confinement before the completion of the listed mandatory minimum sentence for that felony crime of conviction unless allowed under RCW 9.94A.120(4).

Sec. 4. RCW 9.95.110 and 1955 c 133 s 12 are each amended to read as follows:

(1) The ((~~board of prison terms and paroles~~)) indeterminate sentence review board may permit a convicted person to leave the buildings and enclosures of the penitentiary or the reformatory on parole, after such convicted person has served the period of confinement fixed for him or her by the board, less time credits for good behavior and diligence in work: PROVIDED, That in no case shall an inmate be credited with more than one-third of his or her sentence as fixed by the board.

(2) The ((~~board of prison terms and paroles~~)) indeterminate sentence review board may establish rules and regulations under which a convicted person may be allowed to leave the confines of the penitentiary or the reformatory on parole, and may return such person to the confines of the institution from which he or she was paroled, at its discretion.

(3) The indeterminate sentence review board shall order, as a condition of the parole, that the convicted person reside for the duration of the parole in the county in which the convicted person was originally committed unless the indeterminate sentence review board waives the residency requirement under subsection (4) of this section.

(4) Upon motion of the indeterminate sentence review board, a victim, or a prosecutor, the indeterminate sentence review board may waive the residency requirement in subsection (3) of this section only after making a finding that one of the following conditions has been met:

(a) The convicted person provides proof of employment with no set ending date in a county other than the county in which the offender was originally committed. The proof of employment shall include the employer's unified business identifier account number and an affidavit from the employer verifying the convicted person's employment;

(b) The presence of the convicted person in the county in which the convicted person was originally committed is found to pose a significant danger to the victim of the convicted person's crime;

(c) The convicted person has biological or adoptive family members who have continuously resided in a county other than the county in which the convicted person was originally committed for at least six months prior to the convicted person's release and who will be materially significant in aiding in the rehabilitation of the convicted person and in the success of the parole. At least one of the biological or adoptive family members shall provide proof of current employment that began at least three months prior to the convicted person's release. Such proof shall include the employer's unified business identifier account number and an affidavit from the employer verifying the biological or adoptive family member's employment;

(d) The convicted person has a spouse who has continuously resided in a county other than the county in which the convicted person was originally committed for at least six months prior to the convicted person's release;

(e) The convicted person has a biological child with a person who is not a spouse and the person has continuously lived with the child in a county other than the county in which the convicted person was originally committed for at least six months prior to the convicted person's release. The person shall provide proof of current employment that began at least three months prior to the convicted person's release. Such proof shall include the employer's unified business identifier account number and an affidavit from the employer verifying the person's employment;

(f) As another condition of parole, the convicted person is required to participate in a treatment program which is not available or located in the county in which the convicted person was originally committed;

(g) The convicted person desires to be paroled in another state; or

(h) The department or the court finds other good cause, of a nature similar to the other conditions listed in this subsection, for the waiver and the alternate location of the convicted person's parole is not in the county in which the convicted person is incarcerated.

Sec. 5. RCW 72.02.100 and 1988 c 143 s 5 are each amended to read as follows:

Any person serving a sentence for a term of confinement in a state correctional facility for convicted felons, pursuant to court commitment, who is thereafter released upon an order of parole of the indeterminate ((~~sentencing~~)) sentence review board, or who is discharged from custody upon expiration of sentence, or who is ordered discharged from custody by a court of appropriate jurisdiction, shall be entitled to retain his or her earnings from labor or employment while in confinement and shall be supplied by the superintendent of the state correctional facility with suitable and presentable clothing, the sum of forty dollars for subsistence, and transportation by the least expensive method of public transportation not to exceed the cost of one hundred dollars to ((~~his place of residence or~~)) the place designated in his or her parole plan, or to the place from which committed ((~~if such person is being discharged on expiration of sentence, or discharged from custody by a court of appropriate jurisdiction~~)): PROVIDED, That up to sixty additional dollars may be made available to the parolee for necessary personal and living expenses upon application to and approval by such person's community corrections officer. The superintendent shall provide the transportation authorized by this section by nonnegotiable travel voucher payable to the carrier being utilized, and in no event shall there be any cash disbursement to the person being released or any person, firm, or corporation. An officer of the state correctional facility shall escort the person to the site of embarkation and shall remain at the site of embarkation until the person has departed. If in the opinion of the superintendent suitable arrangements have been made to provide the person to be released with suitable clothing ((~~and/or the expenses of transportation~~)), the superintendent may consent to such arrangement. If the superintendent has reasonable cause to believe that the person to be released has ample funds, with the exception of earnings from labor or employment while in confinement, to assume the expenses of clothing, transportation, or the expenses for which payments made pursuant to RCW 72.02.100 or 72.02.110 or any one or more of such expenses, the person released shall be required to assume such expenses.

NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.