FINAL BILL REPORT

SHB 1279

PARTIAL VETO

                                  C 155 L 88

BYHouse Committee on Health Care (originally sponsored by Representatives Braddock, Brooks and May; by request of Department of Corrections)

Revising provisions relating to financial and legal obligations of offenders.

House Committe on Health Care

Senate Committee on Health Care & Corrections

SYNOPSIS AS ENACTED

BACKGROUND:

Under the Sentencing Reform Act (SRA) some convicted felons are eligible for alternatives to prison confinement.  These alternatives include partial confinement and community service.  In addition, felons may be ordered to pay fines, court costs, supervision fees or restitution.  When sentences are imposed on felony offenders courts do not routinely specify terms for the payment of legal financial obligations. There are numerous instances where the offender's term of community supervision has expired with few or no payments being made.  In addition, the SRA does not specify what legal financial obligations community corrections officers (CCOs) should monitor.  The law expressly includes only "restitution and fines."  In practice, the collection of other financial obligations such as court costs and supervision fees are also monitored by CCOs.  Further, the SRA provides no special method for victims to collect restitution or other damages if an offender defaults in the payment of restitution or other monetary obligations.

The SRA also does not require the court to set a time within which court-ordered community service hours must be completed.

The Crime Victims' Compensation Act regulates the payment of royalties to a convicted person for books or movies based on reenactment of the crime committed by the person.  Generally, all such money goes to an escrow account for the benefit of victims of the crime.  However, if the money is not claimed within five years it goes to the convicted person.

SUMMARY:

The Department of Corrections (DOC) is required to supervise the offender's requirement to meet monetary obligations.  DOC shall set the rate of payments if not done so by the court.

The court is allowed to convert a term of partial confinement to total confinement; convert community service obligations to total or partial confinement; or convert monetary obligations, except restitution and the crime victim penalty assessment, to community service hours at the rate of the state minimum wage for each hour of community service.

Community service hours are to be completed within the period of community supervision or within a time specified by the court, not to exceed 24 months, on a schedule determined by DOC.

The victims' compensation law is amended so that only 50 percent, not all, of the money in an offender's royalty escrow account will be returned to the offender if the account is unclaimed for five years.  The other 50 percent will be paid to the victims' compensation fund.

VOTES ON FINAL PASSAGE:

      House 95   0

      Senate    47     0 (Senate amended)

      House 93   0 (House concurred)

EFFECTIVE:June 9, 1988

Partial Veto Summary:  The vetoed language also appeared in SHB 1424.  The governor's action thus avoids a double amendment.  (See VETO MESSAGE)