BILL REQ. #:  H-0915.1 

READ FIRST TIME 02/18/03.   

     AN ACT Relating to civilly committing sexually violent predators who are involuntarily committed under chapter 10.77 RCW; and amending RCW 71.09.025 and 71.09.030.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 71.09.025 and 2001 c 286 s 5 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))) (16), the agency with jurisdiction shall refer the person in writing to the prosecuting attorney of the county where that person was charged and, for persons covered under (a)(iii) and (iv) of this subsection, where that person is about to be released, 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(4); 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 provide the prosecutor with all relevant information including but not limited to the following information:
     (i) 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) 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. 2   RCW 71.09.030 and 1995 c 216 s 3 are each amended to read as follows:
     When it appears that: (1) A person who at any time previously has been convicted of a sexually violent offense is about to be released from total confinement on, before, or after July 1, 1990; (2) a person found to have committed a sexually violent offense as a juvenile is about to 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))) (4); (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, the prosecuting attorney in the county where a person covered by subsections (3) and (4) of this section was released or is about to be released, 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.