AN ACT Relating to
sexually violent predators; amending RCW 71.09.020, 71.09.025, 71.09.030,
71.09.040, 71.09.050, 71.09.060, 71.09.070, 71.09.080, 71.09.090, 71.09.110,
and 9A.76.120; adding new sections to chapter 71.09 RCW; repealing RCW
71.09.100; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 71.09.020 and 1992 c
145 s 17 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "Sexually
violent predator" means any person who has been convicted of or charged
with a crime of sexual violence and who suffers from a mental abnormality or
personality disorder which makes the person likely to engage in predatory acts
of sexual violence if not confined in a secure facility.
(2) "Mental
abnormality" means a congenital or acquired condition affecting the
emotional or volitional capacity which predisposes the person to the commission
of criminal sexual acts in a degree constituting such person a menace to the
health and safety of others.
(3) "Likely to
engage in predatory acts of sexual violence" means that the person more
probably than not will engage in such acts. Such likelihood must be evidenced
by a recent overt act if the person is not totally confined at the time the
petition is filed under RCW 71.09.030.
(4)
"Predatory" means acts directed towards strangers or individuals with
whom a relationship has been established or promoted for the primary purpose of
victimization.
(((4))) (5)
"Recent overt act" means any act that has either caused harm of a
sexually violent nature or creates a reasonable apprehension of such harm.
(6)
"Sexually violent offense" means an act committed on, before, or
after July 1, 1990, that is: (a) An act defined in Title 9A RCW as rape in the
first degree, rape in the second degree by forcible compulsion, rape of a child
in the first or second degree, statutory rape in the first or second degree,
indecent liberties by forcible compulsion, indecent liberties against a child
under age fourteen, incest against a child under age fourteen, or child
molestation in the first or second degree; (b) a felony offense in effect at
any time prior to July 1, 1990, that is comparable to a sexually violent
offense as defined in (a) of this subsection, or any federal or out-of-state
conviction for a felony offense that under the laws of this state would be a
sexually violent offense as defined in this subsection; (c) an act of murder in
the first or second degree, assault in the first or second degree, assault of a
child in the first or second degree, kidnapping in the first or second degree,
burglary in the first degree, residential burglary, or unlawful imprisonment,
which act, either at the time of sentencing for the offense or subsequently
during civil commitment proceedings pursuant to chapter 71.09 RCW, has been
determined beyond a reasonable doubt to have been sexually motivated, as that
term is defined in RCW 9.94A.030; or (d) an act as described in chapter 9A.28
RCW, that is an attempt, criminal solicitation, or criminal conspiracy to
commit one of the felonies designated in (a), (b), or (c) of this subsection.
(7) "Less
restrictive alternative" means court-ordered treatment in a setting less
restrictive than total confinement.
(8)
"Secretary" means the secretary of social and health services or his
or her designee.
Sec. 2. RCW 71.09.025 and 1992 c
45 s 3 are each amended to read as follows:
(1)(a) When it appears
that a person may meet the criteria of a sexually violent predator as defined
in RCW 71.09.020(1), the agency with jurisdiction shall refer the person in
writing to the prosecuting attorney of the county where that person was
charged, three months prior to:
(i) The anticipated
release from total confinement of a person who has been convicted of a sexually
violent offense;
(ii) The anticipated
release from total confinement of a person found to have committed a sexually
violent offense as a juvenile;
(iii) Release of a
person who has been charged with a sexually violent offense and who has been
determined to be incompetent to stand trial pursuant to RCW 10.77.090(3); or
(iv) Release of a
person who has been found not guilty by reason of insanity of a sexually
violent offense pursuant to RCW 10.77.020(3).
(b) The agency shall ((inform))
provide the prosecutor ((of)) with all relevant information
including but not limited to the following information:
(i) ((The person's
name, identifying factors, anticipated future residence, and offense history;
and)) A complete copy of the institutional records compiled by the
department of corrections relating to the person, and any such out-of-state
department of corrections' records, if available;
(ii) ((Documentation
of institutional adjustment and any treatment received)) A complete
copy, if applicable, of any file compiled by the indeterminate sentence review
board relating to the person;
(iii) All records
relating to the psychological or psychiatric evaluation and/or treatment of the
person;
(iv) A current
record of all prior arrests and convictions, and full police case reports
relating to those arrests and convictions; and
(v) A current mental
health evaluation or mental health records review.
(2) This section
applies to acts committed before, on, or after March 26, 1992.
(3) The agency, its
employees, and officials shall be immune from liability for any good-faith
conduct under this section.
(4) As used in this
section, "agency with jurisdiction" means that agency with the
authority to direct the release of a person serving a sentence or term of
confinement and includes the department of corrections, the indeterminate
sentence review board, and the department of social and health services.
Sec. 3. RCW 71.09.030 and 1992 c
45 s 4 are each amended to read as follows:
When it appears that:
(1) ((The term of total confinement of)) A person who at any
time previously has been convicted of a sexually violent offense is about
to ((expire, or has expired)) be released from total confinement
on, before, or after July 1, 1990; (2) ((the term of total confinement of))
a person found to have committed a sexually violent offense as a juvenile is
about to ((expire, or has expired)) be released from total
confinement on, before, or after July 1, 1990; (3) a person who has been
charged with a sexually violent offense and who has been determined to be
incompetent to stand trial is about to be released, or has been released on,
before, or after July 1, 1990, pursuant to RCW 10.77.090(3); ((or)) (4)
a person who has been found not guilty by reason of insanity of a sexually
violent offense is about to be released, or has been released on, before, or
after July 1, 1990, pursuant to RCW 10.77.020(3), 10.77.110 (1) or (3), or
10.77.150; or (5) a person who at any time previously has been convicted of a
sexually violent offense and has since been released from total confinement and
has committed a recent overt act; and it appears that the person may be a
sexually violent predator, the prosecuting attorney of the county where the
person was convicted or charged or the attorney general if requested by the
prosecuting attorney may file a petition alleging that the person is a
"sexually violent predator" and stating sufficient facts to support
such allegation.
Sec. 4. RCW 71.09.040 and 1990 c
3 s 1004 are each amended to read as follows:
(1) Upon the
filing of a petition under RCW 71.09.030, the judge shall determine whether
probable cause exists to believe that the person named in the petition is a
sexually violent predator. If such determination is made the judge shall
direct that the person be taken into custody ((and)).
(2) Within
seventy-two hours after a person is taken into custody pursuant to subsection
(1) of this section, the court shall provide the person with notice of, and an
opportunity to appear in person at, a hearing to contest probable cause as to
whether the person is a sexually violent predator. At this hearing, the court
shall (a) verify the person's identity, and (b) determine whether probable
cause exists to believe that the person is a sexually violent predator. At the
probable cause hearing, the state may rely upon the petition and certification
for determination of probable cause filed pursuant to RCW 71.09.030. The state
may supplement this with additional documentary evidence or live testimony.
(3) At the probable
cause hearing, the person shall have the following rights in addition to the
rights previously specified: (a) To be represented by counsel; (b) to present
evidence on his or her behalf; (c) to cross-examine witnesses who testify
against him or her; (d) to view and copy all petitions and reports in the court
file.
(4) If the probable
cause determination is made, the judge shall direct that the person ((shall))
be transferred to an appropriate facility for an evaluation as to whether the
person is a sexually violent predator. The evaluation shall be conducted by a
person deemed to be professionally qualified to conduct such an examination
pursuant to rules developed by the department of social and health services.
In adopting such rules, the department of social and health services shall
consult with the department of health and the department of corrections. In
no event shall the person be released from confinement prior to trial.
Sec. 5. RCW 71.09.050 and 1990 c
3 s 1005 are each amended to read as follows:
(1) Within
forty-five days after the ((filing of a petition pursuant to RCW 71.09.030))
completion of any hearing held pursuant to RCW 71.09.040, the court shall
conduct a trial to determine whether the person is a sexually violent
predator. The trial may be continued upon the request of either party and a
showing of good cause, or by the court on its own motion in the due
administration of justice, and when the respondent will not be substantially
prejudiced. At all stages of the proceedings under this chapter, any
person subject to this chapter shall be entitled to the assistance of counsel,
and if the person is indigent, the court shall appoint counsel to assist him or
her. The person shall be confined in a secure facility for the duration of
the trial.
(2) Whenever any
person is subjected to an examination under this chapter, he or she may retain
experts or professional persons to perform an examination on their behalf.
When the person wishes to be examined by a qualified expert or professional
person of his or her own choice, such examiner shall be permitted to have
reasonable access to the person for the purpose of such examination, as well as
to all relevant medical and psychological records and reports. In the case of
a person who is indigent, the court shall, upon the person's request, assist
the person in obtaining an expert or professional person to perform an
examination or participate in the trial on the person's behalf.
(3) The person,
the prosecuting attorney or attorney general, or the judge shall have the right
to demand that the trial be before a twelve-person jury. If no demand
is made, the trial shall be before the court.
Sec. 6. RCW 71.09.060 and 1990
1st ex.s. c 12 s 4 are each amended to read as follows:
(1) The court or jury
shall determine whether, beyond a reasonable doubt, the person is a sexually
violent predator. When the determination is made by a jury, the verdict
must be unanimous.
If, on the date that
the petition is filed, the person was living in the community after release
from custody, the state must also prove beyond a reasonable doubt that the
person had committed a recent overt act. If the state alleges that the
prior sexually violent offense that forms the basis for the petition for
commitment was an act that was sexually motivated as provided in RCW
71.09.020(((4)))(6)(c), the state must prove beyond a reasonable
doubt that the alleged sexually violent act was sexually motivated as defined
in RCW 9.94A.030. If the court or jury determines that the person is a
sexually violent predator, the person shall be committed to the custody of the
department of social and health services for placement in a secure
facility operated by the department of social and health services for
control, care, and treatment until such time as the person's mental abnormality
or personality disorder has so changed that the person is safe either (a)
to be at large, or (b) to be released to a less restrictive alternative as
set forth in section 10 of this act. ((Such control, care, and
treatment shall be provided at a facility operated by the department of social
and health services.)) If the court or jury is not satisfied beyond a
reasonable doubt that the person is a sexually violent predator, the court
shall direct the person's release.
(2) If the person
charged with a sexually violent offense has been found incompetent to stand
trial, and is about to or has been released pursuant to RCW 10.77.090(3), and
his or her commitment is sought pursuant to subsection (1) of this section, the
court shall first hear evidence and determine whether the person did commit the
act or acts charged if the court did not enter a finding prior to dismissal
under RCW 10.77.090(3) that the person committed the act or acts charged. The
hearing on this issue must comply with all the procedures specified in this
section. In addition, the rules of evidence applicable in criminal cases shall
apply, and all constitutional rights available to defendants at criminal
trials, other than the right not to be tried while incompetent, shall apply.
After hearing evidence on this issue, the court shall make specific findings on
whether the person did commit the act or acts charged, the extent to which the
person's incompetence or developmental disability affected the outcome of the
hearing, including its effect on the person's ability to consult with and
assist counsel and to testify on his or her own behalf, the extent to which the
evidence could be reconstructed without the assistance of the person, and the
strength of the prosecution's case. If, after the conclusion of the hearing on
this issue, the court finds, beyond a reasonable doubt, that the person did
commit the act or acts charged, it shall enter a final order, appealable by the
person, on that issue, and may proceed to consider whether the person should be
committed pursuant to this section.
(3) The state shall
comply with RCW 10.77.220 while confining the person pursuant to this chapter,
except that during all court proceedings the person shall be detained in a
secure facility. The facility shall not be located on the grounds of any
state mental facility or regional habilitation center because these
institutions are insufficiently secure for this population.
Sec. 7. RCW 71.09.070 and 1990 c
3 s 1007 are each amended to read as follows:
Each person committed
under this chapter shall have a current examination of his or her mental
condition made at least once every year. The annual report shall include
consideration of whether conditional release to a less restrictive alternative
is in the best interest of the person and will adequately protect the community.
The person may retain, or if he or she is indigent and so requests, the court
may appoint a qualified expert or a professional person to examine him or her,
and such expert or professional person shall have access to all records
concerning the person. The periodic report shall be provided to the court that
committed the person under this chapter.
Sec. 8. RCW 71.09.080 and 1990 c
3 s 1008 are each amended to read as follows:
((The involuntary
detention or commitment of persons under this chapter shall conform to
constitutional requirements for care and treatment.)) (1) Any person
subjected to restricted liberty as a sexually violent predator pursuant to this
chapter shall not forfeit any legal right or suffer any legal disability as a
consequence of any actions taken or orders made, other than as specifically
provided in this chapter.
(2) Any person
committed pursuant to this chapter has the right to adequate care and
individualized treatment. The department of social and health services shall
keep records detailing all medical, expert, and professional care and treatment
received by a committed person, and shall keep copies of all reports of
periodic examinations made pursuant to this chapter. All such records and reports
shall be made available upon request only to: The committed person, his or her
attorney, the prosecuting attorney, the court, the protection and advocacy
agency, or another expert or professional person who, upon proper showing,
demonstrates a need for access to such records.
(3) At the time a
person is taken into custody or transferred into a facility pursuant to a
petition under this chapter, the professional person in charge of such facility
or his or her designee shall take reasonable precautions to inventory and
safeguard the personal property of the persons detained or transferred. A copy
of the inventory, signed by the staff member making it, shall be given to the
person detained and shall, in addition, be open to inspection to any responsible
relative, subject to limitations, if any, specifically imposed by the detained
person. For purposes of this subsection, "responsible relative"
includes the guardian, conservator, attorney, spouse, parent, adult child, or
adult brother or sister of the person. The facility shall not disclose the
contents of the inventory to any other person without consent of the patient or
order of the court.
(4) Nothing in this
chapter prohibits a person presently committed from exercising a right
presently available to him or her for the purpose of obtaining release from
confinement, including the right to petition for a writ of habeas corpus.
(5) No indigent
person may be conditionally released or unconditionally discharged under this
chapter without suitable clothing, and the secretary shall furnish the person
with such sum of money as is required by RCW 72.02.100 for persons without
ample funds who are released from correctional institutions. As funds are
available, the secretary may provide payment to the indigent persons
conditionally released pursuant to this chapter consistent with the optional
provisions of RCW 72.02.100 and 72.02.110, and may adopt rules to do so.
Sec. 9. RCW 71.09.090 and 1992 c
45 s 7 are each amended to read as follows:
(1) If the secretary ((of
the department of social and health services)) determines that the person's
mental abnormality or personality disorder has so changed that the person is
not likely to engage in predatory acts of sexual violence if conditionally
released to a less restrictive alternative or unconditionally discharged,
the secretary shall authorize the person to petition the court for conditional
release to a less restrictive alternative or unconditional discharge.
The petition shall be served upon the court and the prosecuting attorney. The
court, upon receipt of the petition for conditional release to a less
restrictive alternative or unconditional discharge, shall within forty-five
days order a hearing. The prosecuting attorney or the attorney general, if
requested by the county, shall represent the state, and shall have the right to
have the petitioner examined by an expert or professional person of his or her
choice. The hearing shall be before a jury if demanded by either the petitioner
or the prosecuting attorney or attorney general. The burden of proof shall be
upon the prosecuting attorney or attorney general to show beyond a reasonable
doubt that the petitioner's mental abnormality or personality disorder remains
such that the petitioner is not safe to be at large and that if conditionally
released to a less restrictive alternative or unconditionally discharged is
likely to engage in predatory acts of sexual violence.
(2) Nothing contained
in this chapter shall prohibit the person from otherwise petitioning the court
for conditional release to a less restrictive alternative or unconditional
discharge without the secretary's approval. The secretary shall provide the
committed person with an annual written notice of the person's right to
petition the court for conditional release to a less restrictive
alternative or unconditional discharge over the secretary's objection. The
notice shall contain a waiver of rights. The secretary shall forward the
notice and waiver form to the court with the annual report. If the person does
not affirmatively waive the right to petition, the court shall set a show cause
hearing to determine whether facts exist that warrant a hearing on whether the
person's condition has so changed that he or she is safe to be ((at large))
conditionally released to a less restrictive alternative or unconditionally
discharged. The committed person shall have a right to have an attorney
represent him or her at the show cause hearing but the person is not entitled
to be present at the show cause hearing. If the court at the show cause
hearing determines that probable cause exists to believe that the person's
mental abnormality or personality disorder has so changed that the person is ((safe
to be at large and is)) not likely to engage in predatory acts of sexual
violence if conditionally released to a less restrictive alternative or
unconditionally discharged, then the court shall set a hearing on the
issue. At the hearing, the committed person shall be entitled to be present
and to the benefit of all constitutional protections that were afforded to the
person at the initial commitment proceeding. The prosecuting attorney or the
attorney general if requested by the county shall represent the state and shall
have a right to a jury trial and to have the committed person evaluated by
experts chosen by the state. The committed person shall also have the right to
have experts evaluate him or her on his or her behalf and the court shall
appoint an expert if the person is indigent and requests an appointment. The
burden of proof at the hearing shall be upon the state to prove beyond a
reasonable doubt that the committed person's mental abnormality or personality
disorder remains such that the person is ((not safe to be at large and if
released is)) likely to engage in predatory acts of sexual violence if
conditionally released to a less restrictive alternative or unconditionally
discharged.
(3) The jurisdiction
of the court over a person civilly committed pursuant to this chapter continues
until such time as the person is unconditionally discharged.
NEW SECTION. Sec.
10. Before the court may
enter an order directing conditional release to a less restrictive alternative,
it must find the following: (1) The person will be treated by a treatment
provider who is qualified to provide such treatment in the state of Washington
under chapter 18.155 RCW; (2) the treatment provider has presented a specific
course of treatment and has agreed to assume responsibility for such treatment
and will report progress to the court on a regular basis, and will report
violations immediately to the court, the prosecutor, the supervising community
corrections officer, and the superintendent of the special commitment center;
(3) housing exists that is sufficiently secure to protect the community, and
the person or agency providing housing to the conditionally released person has
agreed in writing to accept the person, to provide the level of security
required by the court, and immediately to report to the court, the prosecutor,
the supervising community corrections officer, and the superintendent of the
special commitment center if the person leaves the housing to which he or she
has been assigned without authorization; (4) the person is willing to comply
with the treatment provider and all requirements imposed by the treatment
provider and by the court; and (5) the person is willing to comply with
supervision requirements imposed by the department of corrections.
NEW SECTION. Sec.
11. (1) Upon the conclusion
of the evidence in a hearing held pursuant to RCW 71.09.090, if the court finds
that there is no legally sufficient evidentiary basis for a reasonable jury to
find that the conditions set forth in section 10 of this act have been met, the
court shall grant a motion by the state for a judgment as a matter of law on
the issue of conditional release to a less restrictive alternative.
(2) Whenever the issue
of conditional release to a less restrictive alternative is submitted to the
jury, the court shall instruct the jury to return a verdict in substantially
the following form: Has the state proved beyond a reasonable doubt that the
proposed less restrictive alternative is not in the best interests of
respondent or will not adequately protect the community? Answer: Yes or No.
NEW SECTION. Sec.
12. (1) If the court or jury
determines that conditional release to a less restrictive alternative is in the
best interest of the person and will adequately protect the community, and the
court determines that the minimum conditions set forth in section 9 of this act
are met, the court shall enter judgment and direct a conditional release.
(2) The court shall
impose any additional conditions necessary to ensure compliance with treatment
and to protect the community. If the court finds that conditions do not exist
that will both ensure the person's compliance with treatment and protect the
community, then the person shall be remanded to the custody of the department
of social and health services for control, care, and treatment in a secure
facility as designated in RCW 71.09.060(1).
(3) If the service
provider designated to provide inpatient or outpatient treatment or to monitor
or supervise any other terms and conditions of a person's placement in a less
restrictive alternative is other than the department of social and health
services or the department of corrections, then the service provider so
designated must agree in writing to provide such treatment.
(4) Prior to
authorizing any release to a less restrictive alternative, the court shall
impose such conditions upon the person as are necessary to ensure the safety of
the community. The court shall order the department of corrections to
investigate the less restrictive alternative and recommend any additional
conditions to the court. These conditions shall include, but are not limited
to the following: Specification of residence, prohibition of contact with
potential or past victims, prohibition of alcohol and other drug use,
participation in a specific course of inpatient or outpatient treatment that may
include monitoring by the use of polygraph and plethysmograph, supervision by a
department of corrections community corrections officer, a requirement that the
person remain within the state unless the person receives prior authorization
by the court, and any other conditions that the court determines are in the
best interest of the person or others. A copy of the conditions of release
shall be given to the person and to any designated service providers.
(5) Any service
provider designated to provide inpatient or outpatient treatment shall monthly,
or as otherwise directed by the court, submit to the court, to the department
of social and health services facility from which the person was released, to
the prosecutor of the county in which the person was found to be a sexually
violent predator, and to the supervising community corrections officer, a
report stating whether the person is complying with the terms and conditions of
the conditional release to a less restrictive alternative.
(6) Each person released
to a less restrictive alternative shall have his or her case reviewed by the
court that released him or her no later than one year after such release and
annually thereafter until the person is unconditionally discharged. Review may
occur in a shorter time or more frequently, if the court, in its discretion on
its own motion, or on motion of the person, the secretary, or the prosecuting
attorney so determines. The sole question to be determined by the court is
whether the person shall continue to be conditionally released to a less
restrictive alternative. The court in making its determination shall be aided
by the periodic reports filed pursuant to subsection (5) of this section and
the opinions of the secretary and other experts or professional persons.
NEW SECTION. Sec.
13. (1) Any service provider
submitting reports pursuant to section 12(5) of this act, the supervising
community corrections officer, the prosecuting attorney, or the attorney
general may petition the court, or the court on its own motion may schedule an
immediate hearing, for the purpose of revoking or modifying the terms of the
person's conditional release to a less restrictive alternative if the
petitioner or the court believes the released person is not complying with the
terms and conditions of his or her release or is in need of additional care and
treatment.
(2) If the prosecuting
attorney, the supervising community corrections officer, or the court, based
upon information received by them, reasonably believes that a conditionally
released person is not complying with the terms and conditions of his or her
conditional release to a less restrictive alternative, the court or community
corrections officer may order that the conditionally released person be
apprehended and taken into custody until such time as a hearing can be
scheduled to determine the facts and whether or not the person's conditional
release should be revoked or modified. The court shall be notified before the
close of the next judicial day of the person's apprehension. Both the
prosecuting attorney and the conditionally released person shall have the right
to request an immediate mental examination of the conditionally released
person. If the conditionally released person is indigent, the court shall,
upon request, assist him or her in obtaining a qualified expert or professional
person to conduct the examination.
(3) The court, upon
receiving notification of the person's apprehension, shall promptly schedule a
hearing. The issue to be determined is whether the state has proven by a
preponderance of the evidence that the conditionally released person did not
comply with the terms and conditions of his or her release. Hearsay evidence
is admissible if the court finds it otherwise reliable. At the hearing, the
court shall determine whether the person shall continue to be conditionally
released on the same or modified conditions or whether his or her conditional
release shall be revoked and he or she shall be committed to total confinement,
subject to release only in accordance with provisions of this chapter.
Sec. 14. RCW 71.09.110 and 1990 c
3 s 1011 are each amended to read as follows:
The department of
social and health services shall be responsible for all costs relating to the
evaluation and treatment of persons committed to their custody whether in a
secure facility or under a less restrictive alternative under any provision
of this chapter. Reimbursement may be obtained by the department for the cost
of care and treatment of persons committed to its custody whether in a
secure facility or under a less restrictive alternative pursuant to RCW
43.20B.330 through 43.20B.370.
Sec. 15. RCW 9A.76.120 and 1982
1st ex.s. c 47 s 24 are each amended to read as follows:
(1) A person is guilty
of escape in the second degree if:
(a) He or she
escapes from a detention facility; ((or))
(b) Having been charged
with a felony or an equivalent juvenile offense, he or she escapes from
custody; or
(c) Having been
found to be a sexually violent predator and being under an order of conditional
release, he or she leaves the state of Washington without prior court
authorization.
(2) Escape in the
second degree is a class C felony.
NEW SECTION. Sec.
16. In the event of an escape
by a person committed under this chapter from a state institution or the
disappearance of such a person while on conditional release, the superintendent
or community corrections officer shall notify the following as appropriate:
Local law enforcement officers, other governmental agencies, the person's
relatives, and any other appropriate persons about information necessary for
the public safety or to assist in the apprehension of the person.
NEW SECTION. Sec.
17. (1) At the earliest
possible date, and in no event later than thirty days before conditional
release or unconditional discharge, except in the event of escape, the
department of social and health services shall send written notice of
conditional release, unconditional discharge, or escape, to the following:
(a) The chief of police
of the city, if any, in which the person will reside or in which placement will
be made under a less restrictive alternative;
(b) The sheriff of the
county in which the person will reside or in which placement will be made under
a less restrictive alternative; and
(c) The sheriff of the
county where the person was last convicted of a sexually violent offense, if
the department does not know where the person will reside.
The department shall
notify the state patrol of the release of all sexually violent predators and
that information shall be placed in the Washington crime information center for
dissemination to all law enforcement.
(2) The same notice as
required by subsection (1) of this section shall be sent to the following if such
notice has been requested in writing about a specific person found to be a
sexually violent predator under this chapter:
(a) The victim or
victims of any sexually violent offenses for which the person was convicted in
the past or the victim's next of kin if the crime was a homicide. "Next
of kin" as used in this section means a person's spouse, parents,
siblings, and children;
(b) Any witnesses who
testified against the person in his or her commitment trial under RCW
71.09.060; and
(c) Any person specified
in writing by the prosecuting attorney.
Information regarding
victims, next of kin, or 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
committed person.
(3) If a person
committed as a sexually violent predator under this chapter escapes from a
department of social and health services facility, the department 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
committed person resided immediately before his or her commitment as a sexually
violent predator, or immediately before his or her incarceration for his or her
most recent offense. If previously requested, the department shall also notify
the witnesses and the victims of the sexually violent offenses for which the
person was convicted in the past or the victim's next of kin if the crime was a
homicide. If the person 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.
(4) If the victim or
victims of any sexually violent offenses for which the person was convicted in
the past or the victim's next of kin, or 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.
(5) The department of
social and health services shall send the notices required by this chapter to
the last address provided to the department by the requesting party. The
requesting party shall furnish the department with a current address.
(6) Nothing in this
section shall impose any liability upon a chief of police of a city or sheriff
of a county for failing to request in writing a notice as provided in
subsection (1) of this section.
NEW SECTION. Sec.
18. For purposes of sections
19 through 21 of this act:
(1) "Escorted
leave" means a leave of absence from a facility housing persons detained
or committed pursuant to this chapter under the continuous supervision of an
escort.
(2) "Escort"
means a correctional officer or other person approved by the superintendent or
the superintendent's designee to accompany a resident on a leave of absence and
be in visual or auditory contact with the resident at all times.
(3)
"Resident" means a person detained or committed pursuant to this
chapter.
NEW SECTION. Sec.
19. The superintendent of any
facility housing persons detained or committed pursuant to this chapter may,
subject to the approval of the secretary, grant escorted leaves of absence to
residents confined in such institutions to:
(1) Go to the bedside
of the resident's wife, husband, child, mother or father, or other member of
the resident's immediate family who is seriously ill;
(2) Attend the funeral
of a member of the resident's immediate family listed in subsection (1) of this
section; and
(3) Receive necessary
medical or dental care which is not available in the institution.
NEW SECTION. Sec.
20. A resident shall not be
allowed to start a leave of absence under section 19 of this act until the
secretary, or the secretary's designee, has notified any county and city law
enforcement agency having jurisdiction in the area of the resident's
destination.
NEW SECTION. Sec.
21. (1) The secretary is
authorized to adopt rules providing for the conditions under which residents
will be granted leaves of absence and providing for safeguards to prevent
escapes while on leaves of absence. Leaves of absence granted to residents
under section 19 of this act, however, shall not allow or permit any resident
to go beyond the boundaries of this state.
(2) The secretary shall
adopt rules requiring reimbursement of the state from the resident granted
leave of absence, or the resident's family, for the actual costs incurred
arising from any leave of absence granted under the authority of section 19 (1)
and (2) of this act. No state funds shall be expended in connection with
leaves of absence granted under section 19 (1) and (2) of this act unless the
resident and the resident's immediate family are indigent and without resources
sufficient to reimburse the state for the expenses of such leaves of absence.
NEW SECTION. Sec.
22. RCW 71.09.100 and 1990 c
3 s 1010 are each repealed.
NEW
SECTION. Sec. 23. Sections 10 through 13
and 16 through 21 of this act are each added to chapter 71.09 RCW.
