_______________________________________________
HOUSE
BILL 1130
_______________________________________________
Passed
Legislature - 1993 Regular Session
State
of Washington 53rd Legislature 1993
Regular Session
By
Read
first time 01/15/93. Referred to Committee on Corrections.
Modifying furlough notification requirements.
AN ACT Relating to the release of background
information by the state patrol; and amending RCW 43.43.745.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 43.43.745 and 1990 c 3 s 409 are each amended to read as follows:
(1) It shall be the duty of the sheriff or
director of public safety of every county, of the chief of police of each city
or town, or of every chief officer of other law enforcement agencies operating
within this state, to record the fingerprints of all persons held in or
remanded to their custody when convicted of any crime as provided for in RCW
43.43.735 for which the penalty of imprisonment might be imposed and to
disseminate and file such fingerprints in the same manner as those recorded
upon arrest pursuant to RCW 43.43.735 and 43.43.740.
(2) Every time the secretary authorizes a
furlough as provided for in RCW 72.66.012 the department of corrections shall
notify, forty-eight hours prior to the beginning of such furlough, the ((section))
sheriff or director of public safety of the county to which the prisoner is
being furloughed, the nearest Washington state patrol district facility in the
county wherein the furloughed prisoner is to be residing, and other similar
criminal justice agencies that the named prisoner has been granted a
furlough, the place to which furloughed, and the dates and times during which
the prisoner will be on furlough status. In the case of an emergency furlough
the forty-eight hour time period shall not be required but notification shall
be made as promptly as possible and before the prisoner is released on
furlough. ((Upon receipt of furlough information pursuant to the provisions
of this subsection the section shall notify the sheriff or director of public
safety of the county to which the prisoner is being furloughed, the nearest
attachment of the Washington state patrol in the county wherein the furloughed
prisoner shall be residing and such other criminal justice agencies as the
section may determine should be so notified.))
(3) Disposition of the charge for which the
arrest was made shall be reported to the section at whatever stage in the
proceedings a final disposition occurs by the arresting law enforcement agency,
county prosecutor, city attorney, or court having jurisdiction over the
offense: PROVIDED, That the chief shall promulgate rules pursuant to chapter
34.05 RCW to carry out the provisions of this subsection.
(4) Whenever a person serving a sentence for a
term of confinement in a state correctional facility for convicted felons,
pursuant to court commitment, is released on an order of the state
indeterminate sentence review board, or is discharged from custody on
expiration of sentence, the department of corrections shall promptly notify the
((section)) sheriff or director of public safety, the nearest
Washington state patrol district facility, and other similar criminal justice
agencies that the named person has been released or discharged, the place
to which such person has been released or discharged, and the conditions of his
or her release or discharge((, and shall additionally notify the
section of change in residence or conditions of release or discharge of persons
on active parole supervision, and shall notify the section when persons are
discharged from active parole supervision)).
Local law enforcement agencies may require
persons convicted of sex offenses to register pursuant to RCW 9A.44.130. In
addition, nothing in this section shall be construed to prevent any local law
enforcement authority from recording the residency and other information
concerning any convicted felon or other person convicted of a criminal offense
when such information is obtained from a source other than from registration
pursuant to RCW 9A.44.130 which source may include any officer or other agency
or subdivision of the state.
