Feb. 12, 2008

Two clarifying bills pass Senate

OLYMPIA — The Washington Senate unanimously passed legislation Monday clarifying the calculation method used for drug offender sentencing. Enacted in 1999, the Drug Offender Sentencing Alternative’s (DOSA) primary goal is to reduce the likelihood of drug offenders returning to abusing drugs.

DOSA increased substance abuse treatment to a minimum of 12 months as part of the offender’s sentence, with half the treatment provided while incarcerated, and the other half while in community custody, under the supervision of the Department of Correction’s (DOC).

Because not all judges had calculated sentences quite the same way, many drug offenders were not given the time required in custody to complete the full 12 month treatment. DOC assembled a work group and determined a standard calculation method interpretation.

Senate Bill 6525, sponsored by Sen. Adam Kline, D-Seattle, applies DOC’s interpretation which ensures that judges sentence drug offenders to no less than 12 months in confinement, with drug abuse treatment provided during six months of the jail time, and six months following release.

“The purpose of this legislation is to clarify that we intend for total sentencing to be no less than 12 months,” said Kline. “This gives the drug offender the time needed to receive proper treatment.”

A second piece of legislation calling for clarification by closing a loophole, also sponsored by Kline, passed the Senate today. Senate Bill 5868 adds language to the anti-civil disorder training bill passed in 2002. The law currently makes it illegal to instruct others in how to commit violent public disturbances intended to hurt people, but it does not include acts of violence intended to cause significant damage to property. SB 5868 redefines “civil disorder” to include property damage as well as harm to people.

“This bill simply closes the loophole existing in the 2002 law,” said Kline.

Both bills now move to the House of Representatives for further consideration.


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