_______________________________________________
SUBSTITUTE
SENATE BILL 6240
_______________________________________________
Passed
Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002
Regular Session
By
READ FIRST TIME 02/07/2002.
Clarifying
the procedure for providing offenders with a certificate of discharge.
AN
ACT Relating to notice to felons regarding restoration of voting rights;
amending RCW 9.94A.637 and 9.96.050; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature recognizes that an individual's right to vote is a hallmark of a
free and inclusive society and that it is in the best interests of society to
provide reasonable opportunities and processes for an offender to regain the
right to vote after completion of all of the requirements of his or her
sentence. The legislature intends to clarify the method by which the court may
fulfill its already existing direction to provide discharged offenders with
their certificates of discharge.
Sec.
2. RCW
9.94A.637 and 2000 c 119 s 3 are each amended to read as follows:
(1)
When an offender has completed ((the)) all requirements of the
sentence, including any and all legal financial obligations, and while under
the custody and supervision of the department, 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 by issuing the certificate to the offender in person or by
mailing the certificate to the offender's last known address.
(2)
The court shall send a copy of every signed certificate of discharge to the
auditor for the county in which the court resides and to the department. The
department shall create and maintain a data base containing the names of all
felons who have been issued certificates of discharge, the date of discharge,
and the date of conviction and offense.
(3)
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)))
(4) Except as provided in subsection (((4))) (5) of this
section, the discharge shall have the effect of restoring all 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)))
(5) 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)))
(6) 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.
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)) all obligations of his
or her release, including any and all legal financial obligations, 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
certificate of discharge shall be issued to the offender in person or by mail
to the prisoner's last known address.
The
board shall send a copy of every signed certificate of discharge to the auditor
for the county in which the offender was sentenced and to the department of
corrections. The department shall create and maintain a data base containing
the names of all felons who have been issued certificates of discharge, the
date of discharge, and the date of conviction and offense.
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 discharge, regardless of when issued,
shall have the effect of restoring all 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.
