HOUSE BILL REPORT

EHB 1019

As Amended by the Senate

BYRepresentatives P. King and Scott

Allowing home detention for certain burglars.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (11)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Belcher, Dellwo, Inslee, P. King, Locke, R. Meyers, H. Myers, Scott and Wineberry.

Minority Report:  Do not pass.  (6)

      Signed by Representatives Padden, Ranking Republican Member; Moyer, Patrick, Schmidt, Tate and Van Luven.

House Staff:Regina Jones (786-7191)

AS PASSED HOUSE MARCH 8, 1989

BACKGROUND:

Home detention is a program of partial confinement of an offender in a private residence subject to electronic surveillance.  Many felony offenders are not eligible for home detention.  RCW 9.94A.030, part of the Sentencing Reform Act of 1981, sets out a list of felony offenses which are not eligible for the home detention program.  Currently, participation in the program requires a person to obtain or maintain employment or be enrolled in school.

SUMMARY:

This bill modifies the definition of home detention to delete second degree burglary from the list of offenses which are ineligible for home detention.  As amended, offenders convicted of second degree burglary will be eligible for home detention, under certain circumstances:  (1) the offender has successfully completed 21 days in a work release facility; (2) the offender has had no burglary convictions during the preceding two years; (3) the offender has had no violent felony convictions during the preceding two years, and has had no prior convictions for escape.  The bill also modifies the definition of home detention to exclude offenders convicted of any drug offense.  An exception is created for offenders convicted of possession of a controlled substance or forged prescription for a controlled substance if the offender fulfills the program's other requirements and is monitored for drug use by Treatment Alternatives to Street Crime (TASC) or a comparable program. Further, the home detention program is expanded to include those persons who are otherwise eligible for the program and who comply with program rules but are unemployed or not in school if (a) the person has to perform parental duties to minors in the person's custody or (b) the person is ill and the person's, other inmates', or the staff's health would be jeopardized by the offender's incarceration.

EFFECT OF SENATE AMENDMENTS:  Additional restrictions are placed on eligibility for home detention.  An offender may have no more than two prior burglary or two prior violent felony convictions at any time in the past.

Fiscal Note:      Requested January 19, 1989.

House Committee ‑ Testified For:    Ron Main, King County; Ralph Mackey, Snohomish County; Steve Wilen, King County Department of Adult Detention.

House Committee - Testified Against:      Ron Main, King County.

House Committee - Testimony For:    The home detention program is working well and the counties would like to expand it to include offenders with burglary 2 convictions with some restrictions, and to expand it to include people who are otherwise eligible but cannot work or go to school due to parental responsibilities or illness.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 75; Nays 19; Excused 4

Voting Nay: Ballard, Bowman, Brooks, Brumsickle, Doty, Hargrove, Heavey, Hine, Inslee, Jesernig, Kremen, Locke, Moyer, Nealey, Schmidt, Tate, Walker, Winsley and Wood.

Excused:    Representatives Day, Dellwo, Hankins and Wang.