FINAL BILL REPORT

SHB 2394

C 276 L 20

Synopsis as Enacted

Brief Description: Concerning community custody.

Sponsors: House Committee on Public Safety (originally sponsored by Representatives Klippert, Goodman, Davis, Ormsby and Appleton).

House Committee on Public Safety

House Committee on Appropriations

Senate Committee on Human Services, Reentry & Rehabilitation

Background:

Community Custody.

Community custody is the portion of a person's criminal sentence served in the community under the supervision of the Department of Corrections (DOC) following his or her release from confinement in a state correctional facility. Courts are required to order community custody for persons convicted of certain crimes. While on community custody, a person is subject to conditions imposed by the court and the DOC. The DOC may establish and modify conditions based on the person's risk to community safety.

If a person violates the conditions, he or she may be subject to sanctions. Sanctions vary depending on the type of violation, the underlying offense, and other conditions. For many types of violations, a sanction may include being returned to confinement for a specified period.

Concurrent and Consecutive Sentences.

General Requirements. When a person is convicted for multiple offenses in the same case, the court imposes separate sentences, including terms of confinement, for each offense. In this context, the sentences generally run concurrently, which means the person serves both sentences simultaneously, with the longest period of confinement controlling. There are exceptions to the requirement for concurrent sentences. For example, sentences must run consecutively if the person committed two or more serious violent offenses arising from separate and distinct criminal conduct.

In the case of consecutive sentences, all periods of confinement must be served before community custody.

Conviction for a New Offense While Still Serving a Sentence. If a person commits a new offense while still serving his or her sentence for a previous felony, including during a period of community custody, the term of confinement for the new offense does not commence until the expiration of the sentence for the prior offense, unless a judge imposes an exceptional sentence based on mitigating circumstances.

Conviction of Multiple Offenses in Different Jurisdictions. When a person receives multiple convictions from different jurisdictions for offenses committed while he or she was not serving a sentence, the sentences run concurrently, unless the court ordering the subsequent sentence expressly orders that they run consecutively.

Summary:

Requirements are established for terms of community custody imposed in cases with consecutive sentences, including circumstances involving multiple convictions in the same case, a conviction for a new offense while still serving a prior sentence, and convictions for multiple offenses in different jurisdictions. In these circumstances, the terms of community custody for the multiple sentences run concurrently to each other, unless the court expressly requires those terms to run consecutively.

For all persons currently in confinement or community custody, the DOC must recalculate terms of community custody so that they run concurrently, unless the court expressly required those terms to run consecutively.

Votes on Final Passage: