Title: An act relating to adding domestic violence court order violation to the list of offenses eligible for notification.

Brief Description: Adding domestic violence court order violation to the list of offenses eligible for notification.

Sponsors: Senators Hargrove, Regala, Brandland, Shin, Kohl-Welles and Rasmussen; by request of Department of Corrections.

Brief History:

Committee Activity: Human Services & Corrections: 2/07/08 [DP].

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Majority Report: Do pass.Signed by Senators Hargrove, Chair; Regala, Vice Chair; Stevens, Ranking Minority Member; Brandland, Carrell, Marr and McAuliffe.

Staff: Shani Bauer (786-7468)

Background: Thirty days prior to release, the Department of Corrections (DOC) must send written notice of the pending release of any offender convicted of a violent offense, a sex offense, or a felony harassment offense to the following:

• the chief of police of the city in which the inmate will reside;
• the sheriff of the county in which the inmate will reside or if DOC does not know where the inmate will reside, the sheriff of the county where the inmate was convicted;
• if the offender is a sex offender, the state patrol for addition to the Washington state crime information center;

If notice has been requested in writing, notice must also be sent to:

• the victim of the crime for which the inmate was convicted or the victim's family if the crime was a homicide;
• any witnesses who testified against the inmate in any court proceedings involving a violent offense;
• any person specified in writing by the prosecuting attorney; and
• any person who requests such notice about a specific inmate convicted of a sex offense (60 day notice required).

If an inmate convicted of a violent offense, a sex offense, or felony harassment offense escapes from a correctional facility, DOC must immediately notify the chief of police and the sheriff of the county in which the inmate resided prior to conviction and any victim or witnesses who requested notice.

DOC must provide the victim, the victim's family (if the crime is a homicide), and any witnesses with a statement of the right to request and receive notification.

Summary of Bill: A domestic violence court order violation is added to the list of crimes for which notice of pending release or escape must be provided to the chief of police and county sheriff.

The domestic violence victim, any witnesses, and any other person specified in writing by the prosecutor may request to receive notice of the pending release or escape of an offender convicted of a domestic violence court order violation. DOC must provide the victim and any witnesses with a statement of the right to request and receive notification.

Appropriation: None.

Fiscal Note: Requested on January 23, 2008.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: The notification program is for victims of offenders who have been sentenced to prison, so it would apply only when the offender has been convicted of a felony. These are offenses that tend to reflect persistent behavior or assaults. DOC has many years of notifying victims of offenders being released for other offenses. This would add persons who are convicted of violating a domestic violence protection order.

The victim will be at greater risk than at any other time during the process and this will give the person an opportunity to implement his or her victim safety plan. The state has funded the statewide victim notification system. This should further assist in integrating the DOC system with the statewide system.

Persons Testifying: PRO: Steve Eckstrom, Department of Corrections; Don Pierce, Washington Association of Sheriffs and Police Chiefs.