SSB 5339 -
By Senator Regala
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that:
(1) Record numbers of our citizens have been sentenced to prison
over the past two decades, more than ninety percent of whom will be
reentering society.
(2) The successful reentry and reintegration of previously
incarcerated men and women is important to the public safety of the
state of Washington, to the health of our communities, and to the
reduction of the growing costs of the criminal justice system.
(3) A comprehensive reentry program, including the removal of
unreasonable barriers to reentry, offers the best opportunity for
released persons to become productive citizens.
(4) Receipt of a certificate of discharge is critical to a released
person's ultimate reintegration into society and avoidance of
recidivism, including better employability, housing, and the exercise
of civil rights.
(5) It is in the public interest that a person who has satisfied
all incarceration and supervision requirements of his or her sentence
receive a certificate of discharge if he or she has made a good faith
effort to satisfy all legal financial obligations, according to his or
her means, and the legal financial obligations remain enforceable by
all parties as a civil judgment.
Sec. 2 RCW 9.94A.637 and 2004 c 121 s 2 are each amended to read
as follows:
(1)(a) When an offender has completed all requirements of the
sentence, including any and all legal financial obligations, and while
under the custody and supervision of the department, the secretary 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.
(b)(i) When an offender has reached the end of his or her
supervision with the department and has completed all the requirements
of the sentence except his or her legal financial obligations, the
secretary's designee shall provide the county clerk with a notice that
the offender has completed all nonfinancial requirements of the
sentence.
(ii) When the department has provided the county clerk with notice
that an offender has completed all the requirements of the sentence and
the offender subsequently satisfies all legal financial obligations
under the sentence, the county clerk shall notify the sentencing court,
including the notice from the department, 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.
(c) When an offender who is subject to requirements of the sentence
in addition to the payment of legal financial obligations either is not
subject to supervision by the department or does not complete the
requirements while under supervision of the department, it is the
offender's responsibility to provide the court with verification of the
completion of the sentence conditions other than the payment of legal
financial obligations. When the offender satisfies all legal financial
obligations under the sentence, the county clerk shall notify the
sentencing court that the legal financial obligations have been
satisfied. When the court has received both notification from the
clerk and adequate verification from the offender that the sentence
requirements have been completed, the court 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.
(4)(a) A sentencing court may, on motion by the offender, discharge
the offender's sentence prior to the offender completing the payment of
legal financial obligations where the offender has made and continues
to make a good faith effort to satisfy the legal financial obligations
in accordance with his or her ability to pay and the repayment schedule
adopted by the court, the department of corrections, or the county
clerk. The offender must show that he or she has personally made a
good faith effort to pay and that he or she will continue to make
payments.
(b) For purposes of this section, "good faith effort" means that
the offender has either: (i) Paid the principal amount in full; or
(ii) made twenty-four consecutive monthly payments, excluding any
payments mandatorily deducted by the department of corrections, on his
or her legal financial obligations under his or her payment agreement
with the court.
(c) A discharge of the offender's sentence under this subsection
has no effect on the offender's liability to pay his or her legal
financial obligations, which remain enforceable under this chapter. In
addition, nothing in this subsection limits the jurisdiction of the
court over the offender for the purpose of enforcing the offender's
compliance with the payment of legal financial obligations or the
authority of the county clerk to collect unpaid legal financial
obligations as otherwise provided by statute.
(d) This subsection applies to persons convicted as adults or in
juvenile court.
(5) Except as provided in subsection (((5))) (6) 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.
(((5))) (6) 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.
(((6))) (7) 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.
NEW SECTION. Sec. 3 A new section is added to chapter 43.131 RCW
to read as follows:
The recidivism reduction program created by chapter . . ., Laws of
2005 (this act) shall be reviewed under this chapter and shall be
terminated on June 30, 2012. In conducting the review, the committee
shall consult with the Washington state institute for public policy.
NEW SECTION. Sec. 4 A new section is added to chapter 43.131 RCW
to read as follows:
The following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective June 30, 2013.
(1) Section 1 of this act; and
(2) The amendment of RCW 9.94A.637 by 2005 c . . . s 2 (section 2
of this act)."
SSB 5339 -
By Senator Regala
On page 1, line 2 of the title, after "felons;" strike the remainder of the title and insert "amending RCW 9.94A.637; adding new sections to chapter 43.131 RCW; and creating a new section."
EFFECT: Restores JLARC as the lead agency in the sunset study and requires it to be done in consultation with the Washington State Institute for Public Policy.