HOUSE BILL REPORT

ESB 5549

As Amended by the House

BYSenators Stratton, Pullen, Rasmussen and Deccio; by request of Department of Corrections

Providing for the setting of execution dates.

House Committe on Health Care

Majority Report:  Do pass with amendments.  (11)

      Signed by Representatives Braddock, Chair; Day, Vice Chair; Bristow, Brooks, Bumgarner, Cantwell, Lewis, Lux, D. Sommers, Sprenkle and Vekich.

House Staff:Bill Hagens (786-7131)

AS PASSED HOUSE APRIL 16, 1987

BACKGROUND:

The purpose of this bill is to remove the statutory requirement that prisoners sentenced to death appear in court each time an execution date is reset.

Presently there are seven prisoners sentenced to death in Washington state.

RCW 10.95.200, as written, requires that a condemned person must personally appear before the court of sentence each time an execution date is set or reset.  The nature of the judicial process may require that execution dates be reset several times.  It is the Department of Corrections' (DOC) position that these personal court appearances are unnecessary, and may pose a security risk to the public safety, also, that they are costly, averaging $1,750 per appearance.

SUMMARY:

The requirement that the prisoner be represented in the court when the execution date is reset is deleted.

The state is required to provide free counsel for indigent condemned prisoners, if requested.

Fiscal Note:      Attached.

House Committee ‑ Testified For:    William L. Williams, Department of Corrections.

House Committee - Testified Against:      Jerry Sheehan, American Civil Liberties Union.

House Committee - Testimony For:    The bill is needed to reduce cost and risk to the public.

House Committee - Testimony Against:      Personal appearance is necessary to insure proper identity of prisoner.