S-0825.1 _______________________________________________
SENATE BILL 5516
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State of Washington 57th Legislature 2001 Regular Session
By Senators Roach, Sheahan, Honeyford, Johnson, Stevens, McDonald, Hewitt, McCaslin, Swecker, Hochstatter and Morton
Read first time 01/25/2001. Referred to Committee on Judiciary.
AN ACT Relating to restoration of the right to vote; and amending RCW 9.94A.220, 9.94A.260, and 9.96.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.94A.220 and 2000 c 119 s 3 are each amended to read as follows:
(1) When an offender has completed the requirements of the sentence, the secretary of the department or the secretary's designee shall notify the sentencing court, which shall discharge the offender and provide the offender with a certificate of discharge.
(2) An offender who is not convicted of a violent offense or a sex offense and is sentenced to a term involving community supervision may be considered for a discharge of sentence by the sentencing court prior to the completion of community supervision, provided that the offender has completed at least one-half of the term of community supervision and has met all other sentence requirements.
(3) Upon completion
of his or her sentence, an individual may petition a court of record to have
his or her civil right to vote restored. If the court finds that the sentence
has been satisfactorily completed, it shall issue a certificate of restoration
of the elective rights to vote and to engage in political office. Except
as provided in subsection (4) of this section, the discharge shall have the
effect of restoring ((all)) other civil rights lost by operation
of law upon conviction, and the certificate of discharge shall so state.
Nothing in this section prohibits the use of an offender's prior record for
purposes of determining sentences for later offenses as provided in this
chapter. Nothing in this section affects or prevents use of the offender's
prior conviction in a later criminal prosecution either as an element of an
offense or for impeachment purposes. A certificate of discharge is not based
on a finding of rehabilitation.
(4) Unless otherwise ordered by the sentencing court, a certificate of discharge shall not terminate the offender's obligation to comply with an order issued under chapter 10.99 RCW that excludes or prohibits the offender from having contact with a specified person or coming within a set distance of any specified location that was contained in the judgment and sentence. An offender who violates such an order after a certificate of discharge has been issued shall be subject to prosecution according to the chapter under which the order was originally issued.
(5) Upon release from custody, the offender may apply to the department for counseling and help in adjusting to the community. This voluntary help may be provided for up to one year following the release from custody.
Sec. 2. RCW 9.94A.260 and 1999 c 323 s 3 are each amended to read as follows:
(1) The clemency and pardons board shall receive petitions from individuals, organizations, and the department for review and commutation of sentences and pardoning of offenders in extraordinary cases, and shall make recommendations thereon to the governor.
(2) Upon completion
of his or her sentence, an individual may petition a court of record to have
his or her civil right to vote restored. If the court finds that the sentence
has been satisfactorily completed, it shall issue a certificate of restoration
of the elective rights to vote and to engage in political office. The
board shall receive petitions from individuals or organizations for the
restoration of other civil rights lost by operation of state law as a
result of convictions for federal offenses or out-of-state felonies. ((The
board may issue certificates of restoration limited to the elective rights to
vote and to engage in political office. Any certifications granted by the
board must be filed with the secretary of state to be effective.)) In ((all))
such other cases, the board shall make recommendations to the governor.
(3) The board shall not recommend that the governor grant clemency under subsection (1) of this section until a public hearing has been held on the petition. The prosecuting attorney of the county where the conviction was obtained shall be notified at least thirty days prior to the scheduled hearing that a petition has been filed and the date and place at which the hearing on the petition will be held. The board may waive the thirty-day notice requirement in cases where it determines that waiver is necessary to permit timely action on the petition. A copy of the petition shall be sent to the prosecuting attorney. The prosecuting attorney shall make reasonable efforts to notify victims, survivors of victims, witnesses, and the law enforcement agency or agencies that conducted the investigation, of the date and place of the hearing. Information regarding victims, survivors of victims, or witnesses receiving this notice are confidential and shall not be available to the offender. The board shall consider written, oral, audio, or videotaped statements regarding the petition received, personally or by representation, from the individuals who receive notice pursuant to this section. This subsection is intended solely for the guidance of the board. Nothing in this section is intended or may be relied upon to create a right or benefit, substantive or procedural, enforceable at law by any person.
Sec. 3. RCW 9.96.050 and 1993 c 140 s 4 are each amended to read as follows:
When a prisoner on
parole has performed the obligations of his or her release for such time as
shall satisfy the indeterminate sentence review board that his or her final
release is not incompatible with the best interests of society and the welfare
of the paroled individual, the board may make a final order of discharge and
issue a certificate of discharge to the prisoner. The board retains the
jurisdiction to issue a certificate of discharge after the expiration of the
prisoner's or parolee's maximum statutory sentence. If not earlier granted,
the board shall make a final order of discharge three years from the date of
parole unless the parolee is on suspended or revoked status at the expiration
of the three years. ((Such)) Upon completion of his or her sentence,
an individual may petition a court of record to have his or her civil right to
vote restored. If the court finds that the sentence has been satisfactorily
completed, it shall issue a certificate of restoration of the elective rights
to vote and to engage in political office. The order of discharge,
regardless of when issued, shall have the effect of restoring ((all)) other
civil rights lost by operation of law upon conviction, and the certification of
discharge shall so state. This restoration of civil rights shall not restore
the right to receive, possess, own, or transport firearms.
The discharge provided for in this section shall be considered as a part of the sentence of the convicted person and shall not in any manner be construed as affecting the powers of the governor to pardon any such person.
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