Brief Summary of Second Substitute Bill

• Directs the Department of Corrections (DOC) to post a list of escapees, considered high risk offenders, on the department's web site.

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 7 members: Representatives O'Brien, Chair; Darneille, Vice Chair; Mielke, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi, Pearson and Veloria.

An inmate in community custody who willfully absconds from supervision and who makes his or her whereabouts unknown by failing to make contact with the Department of Corrections is generally deemed an escapee and a fugitive from justice. Upon conviction, these fugitives are guilty of a class C felony offense under the state's criminal code.

On November 4, 2003, for a six-month trial period, the King County Journal began publishing a weekly list of fugitives wanted by the DOC. The King County Journal, along with help from the DOC, publishes the names, photographs, and brief descriptions of six fugitives wanted by the state Department of Corrections Fugitive Apprehension Team. The fugitives all are convicted felons who have escaped the DOC's community supervision.

Besides the six-month pilot program with the King County Journal, the DOC does not post information about offenders on its web site nor does the department have a web site link to information or photographs about offender escapees.

The DOC must, within available resources, post a list of persons deemed escapees on its web site. The DOC must focus the web site on those escapees and fugitives considered high risk offenders who have failed to maintain contact with the DOC as directed by their community corrections officer. A report on the progress of the website must be submitted to the Legislature by December 31, 2004.

The DOC is only required to publish a list of fugitives considered high risk to the community instead of a list of all fugitives. In addition, the DOC is authorized to only establish the web site list within available funding and report to the Legislature on the progress of the web site by December 31, 2004.

Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.

Testimony For: This bill was actually suggested by a local constituent who saw that the King County Journal was publishing a list of fugitives and thought it might be a good idea for the entire state. This bill will allow people around the state to have information on the DOC's fugitives which may help to bring many of them back into compliance with the terms of their release.

The DOC fiscal note can be reduced if the bill stated that the DOC only had to focus on high risk offenders. This would decrease the workload associated with maintaining the website which would otherwise include over 18,000 offenders. In addition, one-half of the cost of the fiscal note is due to having a 24-hour, seven day a week phone line. If the phone line is eliminated than the costs of the bill could also be reduced. The start-up web site costs cannot be eliminated.

Persons Testifying: Representative G. Simpson, prime sponsor; and Eldon Vail, Department of Corrections.

Majority Report: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Criminal Justice & Corrections. Signed by 27 members: Representatives Sommers, Chair; Fromhold, Vice Chair; Sehlin, Ranking Minority Member; Pearson, Assistant Ranking Minority Member; Alexander, Anderson, Boldt, Buck, Chandler, Clements, Cody, Conway, Cox, Dunshee, Grant, Hunter, Kagi, Kenney, Kessler, Linville, McDonald, McIntire, Miloscia, Ruderman, Schual-Berke, Sump and Talcott.

Summary of Recommendation of Committee On Appropriations Compared to Recommendation of Committee On Criminal Justice & Corrections:

The second substitute bill makes the measure null and void if specific funding is not appropriated in the omnibus appropriations act.

Fiscal Note: Available on original bill. New fiscal note requested on February 5, 2004.

Effective Date of Second Substitute Bill: The bill takes effect 90 days after adjournment of session in which bill is passed. However the bill is null and void unless funded in the budget.