Legislature Passes Bill to Release Prisoners (ESSB 5990)
The final bill report for ESSB 5990 is available here.
Some of the key provisions of ESSB 5990 include the following:
- prospectively (for all offenses commited on or after July 1, 2003), earned early release eligibility is increased to 50% off the confinement time of sentences (up from 33%) for those convicted of non-violent, non-sex offenses and who have no history of violent or sex offenses -- mostly drug offenders and property offenders. Prisoners convicted of domestic violence, residential burglary, meth manufacture and sale of drugs to minors are not eligible.
- retroactively, all current prisoners convicted of non-violent, non-sex offenses and who have no history of violent or sex offenses (with the same exceptions above) are eligible for early release after having served only 50% of the confinement time, provided they are classified as "low-risk" (level C and D offenders). DOC will conduct risk assessments and then recalculate the confinement time for eligible prisoners. An estimated 900 prisoners are expected to be released.
- prospectively, earned early release eligibility is reduced to only 10% of remaining confinement time (down from 15%) for all serious violent offenses and Class A sex offenses.
- the effective date of the new drug sentencing grid is moved up one year, to July 1, 2003, so there will be vastly expanded judicial discretion and more treatment-oriented sentencing for drug offenses committed on or after that date.
- $8,950,000 is directed into the Criminal Justice Treatment Fund, for court-supervised drug treatment at the county level and for drug treatment in DOC facilities (more than the $8.25 million authorized last year).
- An extra $2,984,000 is directed into the Violence Reduction and Drug Enforcement Account, solely for drug treatment in DOC facilities.
- DOC is required to supervise in the community those convicted of sex and violent offenses, domestic violence, residential burglary, meth manufacture and drug sales to minors, and any prisoner at the A or B risk level, but DOC is prohibited from supervising in the community any prisoner at the C or D risk level (so as to avoid costs and potential civil liability).
- The Washington State Institute for Public Policy is to study the effects of these changes on recidivism rates - study due in 2008.
- The earned early release changes sunset in 2010, and the legislature reserves the authority to change them again at any time.