Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety Committee

SB 5104

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Expands the definition of "crime-related prohibition" to include a prohibition on use or possession of alcohol or controlled substances where any chemical dependency contributed to the offense.
Allows a court order chemical dependency treatment if it finds that any substance abuse contributed to the offense, regardless of the specific substance involved in the crime.

Background:

As part of any felony sentence, the court may impose sentencing conditions known as crime related prohibitions. A "crime-related prohibition" is defined as an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and must not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the Department of Corrections.

When the court finds that the offender has a chemical dependency issue that contributed to the person's offense, the court may, as a condition of the sentence, order the offender to participate in rehabilitative programs or perform affirmative conduct reasonably related to the circumstances of the crime.

A sentencing court has discretion to order an offender on community custody to not consume alcohol.

Summary of Bill:

The definition of crime-related prohibitions is expanded to include a prohibition on the use or possession of alcohol or controlled substances if the court finds that any chemical dependency or substance abuse contributed to the offense.

When the court finds that the offender has any type of chemical dependency issue that contributed to the person's offense, the court may, as a condition of the sentence, order the offender to participate in rehabilitative programs or perform affirmative conduct reasonably related to the circumstances of the crime.

A rehabilitative program specifically includes a directive that the offender obtain an evaluation as to the need for chemical dependency treatment related to the use of alcohol or controlled substances, regardless of the particular substance that contributed to the commission of the offense. The court may also impose a prohibition on the use or possession of alcohol or controlled substances regardless of whether a chemical dependency evaluation is ordered.

A sentencing court has discretion to order an offender on community custody to not possess or consume alcohol.