Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Criminal Justice & Corrections Committee

SB 6664

Brief Description:  Requiring offenders to propose a release plan.

Sponsors:  Senators Costa and Hargrove.

Brief Summary of Bill

$Authorizes the Department of Corrections (DOC) to deny an offender's transfer to community custody if he or she does not have an approved residential plan.

Hearing Date:  2/26/02

Staff:  Yvonne Walker (786‑7841).

Background:

In general:  The terms community placement, community custody, and post‑release supervision essentially all refer to supervision following release from the DOC.  The terms were devised in part to indicate when the department could sanction an offender for violating conditions of release administratively (community custody), and when the department had to return to court to ask the court to impose sanctions (post‑release supervision).

Community custody is that portion of an inmate's sentence of confinement served, in lieu of earned early release time, in the community subject to "controls placed on the inmate's movement and activities" by the DOC.  Generally, transfer to community custody cannot occur until the department approves the offender's proposed release plan.  An inmate not approved for community custody must remain in prison until his or her maximum release date, and begin the sentence of post‑release supervision at that time.

Post‑release supervision begins upon completion of the term of total confinement, and is that portion of community placement which is not community custody.

Community placement is that period during which an offender is subject to the conditions of community custody or post‑release supervision.  It may consist entirely of community custody, entirely post‑release supervision, or a combination of the two.

Terms and Conditions:  Certain crimes, specifically sex offenses and serious violent offenses, carry a term of community placement or community custody.  Depending on the crime, and when it is committed, the term is for a specified period of one to three years.  Unless waived by the court, certain mandatory conditions are required to be included in the term of community placement or community custody.  Some of these conditions include:  reporting as directed to a community corrections officer; working at an approved job, education, or community service; refraining from possessing or consuming controlled substances; paying a supervision fee; submitting to affirmative acts; and obtaining prior departmental approved residence location and living arrangements.

Court Decision:  In 1991, Ricardo Capello, was sentenced for the offense of first degree kidnapping with sexual motivation which is both a sex offense and a serious violent offense.  In 1992, approximately one year after Capello's sentence, the Legislature amended the community custody statute by making preapproval of residence location and living arrangements a standard condition of community custody, unless expressly waived by the court.

During Capello's sentence he accumulated earned early release credits for good conduct.  Prior to his release to community custody, the DOC informed Capello that the statute required him to obtain a pre-approved residence location and living arrangement before he could be transferred to community custody in lieu of earned early release.  Capello filed a personal restraint petition challenging the DOC's decision.  He claimed that he was financially incapable of securing a residence for approval before he was transferred to community custody because he could not access funds in his inmate personal savings account until he was released.  As a result, he felt that the DOC's refusal to release him until he had an approved residence deprived him of his earned early release into community custody.

On June 4, 2001, the Court of Appeals for Division I decided In re Capello, 106 Wn.App. 576.  The court held that the DOC could not lawfully impose pre-approved residence requirements for sex offenders and serious violent offenders who committed crimes prior to 1992, unless that requirement was part of the offender's original sentence.  Furthermore, the court held that the DOC did not have the authority to impose an approval condition where the court did not do so.

Summary of Bill:

Effectively immediately (and retoactively), the DOC must require all offenders, that are eligible for community custody in lieu of earned early release, to propose a release plan that includes an approved residence and living arrangement prior to his or her release to the community.  The department may deny an offender's transfer to the community if the department determines the offender's release plan, in particular his or her residence location and living arrangements, may do any of the following:

$Violate the conditions of the sentence or conditions of supervision;

$Place the offender at risk to reoffend; or

$Present a risk to victim safety or community safety.

The department's authority regarding an offender's release to community placement status is independent of any court‑ordered condition of sentence or statutory provision regarding conditions for community custody or community placement.

Appropriation:  None.

Fiscal Note:  Not Requested.

Effective Date:  The bill contains an emergency clause and takes effect immediately.