FINAL BILL REPORT

HB 1342

                                  C 214 L 89

BYRepresentatives Dellwo, Locke, Crane, Wineberry, Moyer, Padden, Belcher, H. Myers, Day, Winsley, Rector and Sprenkle; by request of Department of Corrections

Allowing department of corrections to petition for review of sentences.

House Committe on Judiciary

Senate Committee on Health Care & Corrections

SYNOPSIS AS ENACTED

BACKGROUND:

After a judge sentences a defendant, either the state or the defendant may appeal the sentence if either party believes the court exceeded its authority to impose certain provisions of the sentence.  However, if neither the state nor the defendant appeals the judgment and sentence, the Department of Corrections may still believe that the judgment is erroneous.  The department is then in the position of disregarding the judgment or enforcing what the department believes to be an erroneous sentence.  The appellate courts have admonished the department for disregarding sentences and have repeatedly advised the department that the appropriate procedure is to return the defendant to the trial court for resentencing.  However, no formal procedure exists to return the defendant to the trial court for resentencing.  Additionally, if the trial court declines to resentence the defendant, no formal procedure exists so that the department can challenge the court's sentence in the appellate courts.

If a person lives in Washington and has previously been convicted of a felony under federal law or another state's law, the person must petition the Governor for restoration of civil rights lost by operation of our state law. In contrast, the Board of Clemency and Pardons has the authority to restore the civil rights of persons convicted under Washington law.

SUMMARY:

The Department of Corrections may petition the Court of Appeals for review of a superior court judgment and sentence.  The department's grounds for the petition are limited to errors of law that require the department to enforce a sentence the department believes the court entered in excess of the court's sentencing authority under the law.  The department must file the petition within 90 days of the time the department has actual knowledge of the sentence's terms.  The department must certify to the Court of Appeals that the department has made all reasonable efforts to resolve the matter at the superior court level.

The Board of Clemency and Pardons has authority to restore some civil rights of petitioners who live in Washington and have lost their civil rights by operation of our state law for prior convictions of federal crimes or out-of-state crimes.  The board's powers are limited to restoring the right to vote and to engage in political office in Washington state.  The Governor must restore all other civil rights.

VOTES ON FINAL PASSAGE:

      House 90   0

      Senate    45     0

EFFECTIVE:July 23, 1989