HOUSE BILL REPORT

SHB 1429

BYHouse Committee on Judiciary (originally sponsored by Representatives Appelwick, Patrick, P. King, Brough, Armstrong, Wang, McLean, Butterfield, Chandler, Fuhrman, Doty, Todd, Silver, Moyer and Brekke)

Providing for home detention under the sentencing reform act.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Crane, Vice Chair; Belcher, P. King, Lewis, Meyers, Moyer, Padden, Patrick, Wang and Wineberry.

Minority Report:  Do not pass.  (1)

      Signed by Representative Schmidt.

House Staff:Harry Reinert (786-7110)

AS PASSED HOUSE FEBRUARY 10, 1988

BACKGROUND:

The Sentencing Reform Act governs the sentencing of all persons convicted of felonies in Washington.  Any person convicted of a felony must be sentenced to the standard range for the offense which is determined according to the person's past criminal history and the seriousness of the current offense.  The court may sentence outside the standard range if it determines there are reasons justifying an exceptional sentence and for certain first time offenders.

A defendant may be ordered to serve a sentence of one year or less in partial confinement in a facility operated by, or under contract with, the state or local government.  Partial confinement requires the defendant to spend a substantial portion of each day in the facility, with the remainder spent in the community.  Work release is a type of partial confinement.

SUMMARY:

Partial confinement under the Sentencing Reform Act includes a program of home detention.  A program of home detention permits the offender to be confined in a private residence, subject to electronic surveillance.  The home detention program is not available to any person convicted of a violent offense, any sex offense, or offenses involving controlled substances classified as narcotics.  An offender must obtain or maintain employment or attend school and comply with the rules of the home detention program.

EFFECT OF SENATE AMENDMENT(S):  The amendments add an intent section which notes that there is a critical shortage of local jail space and that alternatives to confinement for appropriate offenders need to be made available.  The amendments also add offenses for which home detention is not available.  These include reckless burning, third degree assault, unlawful imprisonment, second degree burglary, and harassment.  The amendments also require as a condition of home-detention that the offender comply with court-ordered restitution.

Fiscal Note:      Requested January 26, 1988.

House Committee ‑ Testified For:    Ron Main, Steve Schwalb, King County; Brian Corchoran, Bill Harper, Snohomish County; Roxanne Park, Sentencing Guidelines Commission; Mike Redman, Washington Association of Prosecuting Attorneys; Tom Guilmore, Pete Youngers, Guardian Security; Ken Cleven, Washington Association of Criminal Defense Lawyers (in part).

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Counties need a cost effective way to confine convicted individuals.  Electronic surveillance provides security as well as reduced cost.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 88; Nays 9; Excused 1

Voting Nay: Representatives Ballard, Betrozoff, Ferguson, Heavey, Miller, Schmidt, Walker, Williams J, Zellinsky

Excused:    Representative Bristow