FINAL BILL REPORT

                 SHB 2197

                          C 77 L 94

                     Synopsis as Enacted

Brief Description:  Concerning the notification of a witness or victim upon the release of an inmate.

By House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Appelwick, Wood, Kessler, Ballard, Karahalios, Reams, Wineberry, Foreman, Dyer, Jones, Casada, B. Thomas, Long, Campbell, Van Luven, Silver, Schmidt, Brumsickle, Brough, Edmondson, Cooke, J. Kohl, King, Flemming, Roland, Kremen, Sheldon, Chandler, Eide, Johanson, Springer and Mastin).

House Committee on Corrections

Senate Committee on Law & Justice

Background:  Washington law gives victims and witnesses of certain crimes the right to request to be notified before inmates are released from prison.  The right also extends to certain other individuals specified in writing by the prosecutor.  The crimes to which this right applies are violent offenses, sex offenses and felony harassment offenses. 

An individual requests notification by submitting a written request to the Department of Corrections.  Upon receiving this request, the department must give as much advance notice as possible prior to the offender's release, parole, community placement, work release placement or furlough.  At a minimum, 10 days' advance notice must be provided.  In the event of an escape or an emergency furlough (such as for a medical emergency), the department is not required to meet the 10-day notice requirement, but must still notify the individuals who requested this notice at the earliest possible date.

The Department of Corrections' records regarding these requests for notification are confidential.  Washington law does not currently require the department to retain these records for any particular length of time.  The department's present practice is to retain records for one year following any particular notification.  The department then destroys the records.

Summary:  The Department of Corrections must retain, for a period of two years following an inmate's release, two types of documents: 

(1) a signed request by an individual to be included in the notification program; and

(2) a receipt showing that the department mailed the notice to the requesting party's last known address.

The Department of Corrections shall attempt alternative methods of notification whenever a mailed notice is returned as undeliverable.

Votes on Final Passage:

House  92 0

Senate 46 0

Effective:  June 9, 1994