HOUSE BILL REPORT

HB 754

BYRepresentatives Locke, Armstrong, Padden and P. King; by request of  Sentencing Guidelines Commission

Making technical corrections in procedures for sentencing adult felons.

House Committe on Judiciary

Majority Report:     Do pass.  (16)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, Heavey, P. King, Lewis, Locke, Moyer, Niemi, Padden, Patrick, Schmidt, Wang and Wineberry.

House Staff:Charlie Gavigan (786-7392)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 20, 1987

BACKGROUND:

The Sentencing Reform Act of 1981 (SRA) ranks crimes by level of seriousness.  Sentencing is then based on the seriousness of the crime plus the defendant's prior criminal history.

The SRA, among other things, defines important terms, categorizes crimes by seriousness, and prescribes appropriate sentences.

The law in this area are very technical and overlaps many areas throughout the laws dealing with crimes and punishment.

SUMMARY:

Technical corrections are made to the Sentencing Reform Act (SRA). These changes include:

(1)  the portion of the definition of community supervision dealing with out-of-state supervision of parolees or probationers is placed in the proper section;

(2)  the definition of several offenses is clarified for determining criminal history to include any conviction in federal court or in an out-of-state court, if the conviction would also violate the Washington law dealing with the offense.  The offenses include drugs, escapes, felony traffic offenses, driving while intoxicated, serious violent offenses, and sex offenses;

(3)  an inconsistency in the law regarding the seriousness of vehicular assault is removed;

(4)  the provisions describing alternatives available to the court to allow work release or community services are clarified to emphasize work release or community service alternatives are not available for offenders who commit violent crimes.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Roxanne Park, Sentencing Guidelines Commission; Rob Krell, Legislative Budget staff.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     Technical corrections are necessary to eliminate inconsistencies.  Ambiguity in work release programs are addressed to clarify the fact that offenders who commit violent crimes are not eligible for work release or community service.  Tracking of work release and community service alternatives is also enhanced.

House Committee - Testimony Against: None Presented.