OLYMPIA — People wrongly convicted in the state could be compensated for time spent in prison under a bill introduced by a North Olympic Peninsula representative last week.
Senate Bill 5139 — introduced by Sen. Jim Hargrove, D-Hoquiam — would allow compensation of up to $20,000 for each year of confinement.
The legislation is retroactive and would currently apply to about “six to eight people” who have had overturned convictions, he said.
Hargrove said the compensation is intended to allow them to get their lives back on track after unnecessarily serving prison time.
He said there is a limit because he can’t justify “giving a huge award even if the system made a mistake.”
Hargrove said he isn’t concerned about the expense to the state — despite a $1.1 billion deficit through June and another $4.6 billion that needs to be cut for the June 2011-June 2013 budget — because it can save the state “millions” of dollars from not having to battle lawsuits.
The senator is one of three legislators who represent the 24th District — which includes the Peninsula and a portion of Grays Harbor County — in Olympia. The others are Sequim Democrats Rep. Kevin Van De Wege and Rep. Steve Tharinger.
Tharinger is serving his first term, having been elected to replace Lynn Kessler, who retired.
The 105-day legislative session began Jan. 10.
As usual, of the three representatives, Hargrove has introduced the lion’s share of legislation. He has introduced 10 bills, while Van De Wege introduced two and Tharinger introduced one.
Hargrove is chairman of the Senate Human Services and Corrections Committee, and most of bills relate to criminal justice. Many are recommendations from state agencies, such as the Attorney General’s Office.
Senate Bill 5138 would require proof of legal residency or citizenship to receive a driver’s license.
Hargrove said it would make it easier for employers to know if they are hiring an illegal immigrant.
He acknowledged that opponents of such legislation say that this would result in more unlicensed drivers.
“We have people here legally who don’t have a license and drive around, too,” Hargrove said.
“You don’t have a right to drive. It’s a privilege that the state grants you.”
Another bill introduced by Hargrove would make it easier for the state to deport noncitizens who commit crimes.
Senate Bill 5140 would eliminate from the deportation process the requirement that the court in which they were convicted and the prosecuting attorney overseeing the case approve their release for deportation.
Hargrove said the change would allow for more deportations, thus reducing jail expenses for the state.
Hargrove said the bill was recommended by the Governor’s Office.
Two bills introduced by the senator address the ability of prisoners to file legal actions, such as an appeal, and be compensated for late responses to public records requests.
Hargrove said they are intended to reduce abuse of the system by prisoners and unnecessary expenses.
Senate Bill 5024 would require a court to dismiss a prisoner’s request for an “action, appeal or special proceeding” if on three occasions they had filed legal actions that had been determined to be frivolous.
Senate Bill 5025 would prohibit prisoners from being awarded penalties for the late turnover of public records.
Hargrove said that bill is in response to some prisoners intentionally filing burdensome public records requests knowing that the state or other public agency would not be able to provide the records within a prescribed amount of time.
He said he thinks the move is reasonable given the state’s budget problems.
“We don’t have the money to pay for health care for poor kids,” Hargrove said.
The senator has also introduced:
• Senate Bill 5113, which modifies provisions relating to discharge reviews at state hospitals.
• Senate Bill 5114, which reduces the number of qualified experts who review the mental condition of someone pleading not guilty by reason of insanity from two to one.
• Senate Bill 5147, which eliminates the mandatory retirement age for judges.
• Senate Bill 5201, which addresses issues that impact the state Department of Fish and Wildlife. (The bill was not available on the Legislature’s website Sunday.)
• Senate Bill 5212, which adds heart attacks and strokes as presumptions for occupational disease for law enforcement officers and firefighters.
Tharinger introduced a bill that establishes the Puget Sound corps.
Tharinger said House Bill 1294 would provide for 10 to 15 environmental restoration jobs that would be filled by veterans.
He said the positions would be paid for with existing funds and federal grants.
Van De Wege also introduced a bill that would eliminate the mandatory retirement age for judges (House Bill 1201) and legislation (House Bill 1295) concerning residential fire sprinkler systems.
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Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.
