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                            SUBSTITUTE SENATE BILL 5128



State of Washington              52nd Legislature             1991 Regular Session


By Senate Committee on Ways & Means (originally sponsored by Senators Madsen, Jesernig and Rasmussen).


Read first time March 11, 1991.Requiring notification to witnesses upon release or escape of serious drug offenders.

     AN ACT Relating to notification of release of serious drug offenders; adding a new section to chapter 9.94A RCW; and creating a new section.




     NEW SECTION.  Sec. 1.  A new section is added to chapter 9.94A RCW to read as follows:

     (1) At the earliest possible date, and in no event later than ten days before release except in the event of escape or emergency furloughs as defined in RCW 72.66.010, the department of corrections shall send written notice of parole, community placement, work release placement, furlough, or escape about a specific inmate convicted of a serious drug offense to the following if such notice has been requested in writing about a specific inmate convicted of a serious drug offense:

     (a) Any witnesses who testified against the inmate in any court proceedings involving the serious drug offense; and

     (b) Any person specified in writing by the prosecuting attorney.

Information regarding witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the inmate.

     (2) If an inmate convicted of a serious drug offense escapes from a correctional facility, the department of corrections shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the inmate resided immediately before the inmate's arrest and conviction.  If previously requested, the department shall also notify the witnesses who are entitled to notice under this section.  If the inmate is recaptured, the department shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.

     (3) If any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.

     (4) The department of corrections shall send the notices required by this section to the last address provided to the department by the requesting party.  The requesting party shall furnish the department with a current address.

     (5) For purposes of this section, "serious drug offense" means an offense under RCW 69.50.401 (a)(1)(i) or (b)(1)(i).


     NEW SECTION.  Sec. 2.      If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1991, in the omnibus appropriations act, this act shall be null and void.