HB 2817 -
By Committee on Human Services & Corrections
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 36.28A.040 and 2009 c 31 s 1 are each amended to read
as follows:
(1) No later than July 1, 2002, the Washington association of
sheriffs and police chiefs shall implement and operate an electronic
statewide city and county jail booking and reporting system. The
system shall serve as a central repository and instant information
source for offender information and jail statistical data. The system
may be placed on the Washington state justice information network and
be capable of communicating electronically with every Washington state
city and county jail and with all other Washington state criminal
justice agencies as defined in RCW 10.97.030.
(2) After the Washington association of sheriffs and police chiefs
has implemented an electronic jail booking system as described in
subsection (1) of this section, if a city or county jail or law
enforcement agency receives state or federal funding to cover the
entire cost of implementing or reconfiguring an electronic jail booking
system, the city or county jail or law enforcement agency shall
implement or reconfigure an electronic jail booking system that is in
compliance with the jail booking system standards developed pursuant to
subsection (4) of this section.
(3) After the Washington association of sheriffs and police chiefs
has implemented an electronic jail booking system as described in
subsection (1) of this section, city or county jails, or law
enforcement agencies that operate electronic jail booking systems, but
choose not to accept state or federal money to implement or reconfigure
electronic jail booking systems, shall electronically forward jail
booking information to the Washington association of sheriffs and
police chiefs. At a minimum the information forwarded shall include
the name of the offender, vital statistics, the date the offender was
arrested, the offenses arrested for, the date and time an offender is
released or transferred from a city or county jail, and if available,
the mug shot. The electronic format in which the information is sent
shall be at the discretion of the city or county jail, or law
enforcement agency forwarding the information. City and county jails
or law enforcement agencies that forward jail booking information under
this subsection are not required to comply with the standards developed
under subsection (4)(b) of this section.
(4) The Washington association of sheriffs and police chiefs shall
appoint, convene, and manage a statewide jail booking and reporting
system standards committee. The committee shall include
representatives from the Washington association of sheriffs and police
chiefs correction committee, the information service board's justice
information committee, the judicial information system, at least two
individuals who serve as jailers in a city or county jail, and other
individuals that the Washington association of sheriffs and police
chiefs places on the committee. The committee shall have the authority
to:
(a) Develop and amend as needed standards for the statewide jail
booking and reporting system and for the information that must be
contained within the system. At a minimum, the system shall contain:
(i) The offenses the individual has been charged with;
(ii) Descriptive and personal information about each offender
booked into a city or county jail. At a minimum, this information
shall contain the offender's name, vital statistics, address, and
mugshot;
(iii) Information about the offender while in jail, which could be
used to protect criminal justice officials that have future contact
with the offender, such as medical conditions, acts of violence, and
other behavior problems;
(iv) Statistical data indicating the current capacity of each jail
and the quantity and category of offenses charged;
(v) The ability to communicate directly and immediately with the
city and county jails and other criminal justice entities; and
(vi) The date and time that an offender was released or transferred
from a local jail;
(b) Develop and amend as needed operational standards for city and
county jail booking systems, which at a minimum shall include the type
of information collected and transmitted, and the technical
requirements needed for the city and county jail booking system to
communicate with the statewide jail booking and reporting system;
(c) Develop and amend as needed standards for allocating grants to
city and county jails or law enforcement agencies that will be
implementing or reconfiguring electronic jail booking systems.
(5)(a) A statewide automated victim information and notification
system shall be added to the city and county jail booking and reporting
system. The system shall:
(i) Automatically notify a registered victim via the victim's
choice of telephone, letter, or e-mail when any of the following events
affect an offender housed in any Washington state city or county jail
or department of corrections facility:
(A) Is transferred or assigned to another facility;
(B) Is transferred to the custody of another agency outside the
state;
(C) Is given a different security classification;
(D) Is released on temporary leave or otherwise;
(E) Is discharged;
(F) Has escaped; or
(G) Has been served with a protective order that was requested by
the victim;
(ii) Automatically notify a registered victim via the victim's
choice of telephone, letter, or e-mail when an offender has:
(A) An upcoming court event where the victim is entitled to be
present, if the court information is made available to the statewide
automated victim information and notification system administrator at
the Washington association of sheriffs and police chiefs;
(B) An upcoming parole, pardon, or community supervision hearing;
or
(C) A change in the offender's parole, probation, or community
supervision status including:
(I) A change in the offender's supervision status; or
(II) A change in the offender's address;
(iii) Automatically notify a registered victim via the victim's
choice of telephone, letter, or e-mail when a sex offender has:
(A) Updated his or her profile information with the state sex
offender registry; or
(B) Become noncompliant with the state sex offender registry;
(iv) Permit a registered victim to receive the most recent status
report for an offender in any Washington state city and county jail,
department of corrections, or sex offender registry by calling the
statewide automated victim information and notification system on a
toll-free telephone number or by accessing the statewide automated
victim information and notification system via a public web site. All
registered victims calling the statewide automated victim information
and notification system will be given the option to have live operator
assistance to help use the program on a twenty-four hour, three hundred
sixty-five day per year basis;
(v) Permit a crime victim to register, or registered victim to
update, the victim's registration information for the statewide
automated victim information and notification system by calling a toll-free telephone number or by accessing a public web site; and
(vi) Ensure that the offender information contained within the
statewide automated victim information and notification system is
updated frequently to timely notify a crime victim that an offender has
been released or discharged or has escaped. However, the failure of
the statewide automated victim information and notification system to
provide notice to the victim does not establish a separate cause of
action by the victim against state officials, local officials, law
enforcement officers, or any related correctional authorities.
(b) Participation in the statewide automated victim information and
notification program satisfies any obligation to notify the crime
victim of an offender's custody status and the status of the offender's
upcoming court events so long as:
(i) Information making offender and case data available is provided
on a timely basis to the statewide automated victim information and
notification program; and
(ii) Information a victim submits to register and participate in
the victim notification system is only used for the sole purpose of
victim notification.
(c) Automated victim information and notification systems in
existence and operational as of July 22, 2007, shall not be required to
participate in the statewide system.
(6) When funded, the Washington association of sheriffs and police
chiefs shall implement and operate an electronic statewide unified sex
offender notification and registration program. Information submitted
to the program by a person for the purpose of receiving notification
regarding a registered sex offender, including the person's name,
residential address, and e-mail address, are exempt from public
inspection and copying under chapter 42.56 RCW.
(7) An appointed or elected official, public employee, or public
agency as defined in RCW 4.24.470, or combination of units of
government and its employees, as provided in RCW 36.28A.010, are immune
from civil liability for damages for any release of information or the
failure to release information related to the statewide automated
victim information and notification system, the electronic statewide
unified sex offender notification and registration program, and the
jail booking and reporting system as described in this section, so long
as the release was without gross negligence. The immunity provided
under this subsection applies to the release of relevant and necessary
information to other public officials, public employees, or public
agencies, and to the general public.
Sec. 2 RCW 42.56.240 and 2008 c 276 s 202 are each amended to
read as follows:
The following investigative, law enforcement, and crime victim
information is exempt from public inspection and copying under this
chapter:
(1) Specific intelligence information and specific investigative
records compiled by investigative, law enforcement, and penology
agencies, and state agencies vested with the responsibility to
discipline members of any profession, the nondisclosure of which is
essential to effective law enforcement or for the protection of any
person's right to privacy;
(2) Information revealing the identity of persons who are witnesses
to or victims of crime or who file complaints with investigative, law
enforcement, or penology agencies, other than the commission, if
disclosure would endanger any person's life, physical safety, or
property. If at the time a complaint is filed the complainant, victim,
or witness indicates a desire for disclosure or nondisclosure, such
desire shall govern. However, all complaints filed with the commission
about any elected official or candidate for public office must be made
in writing and signed by the complainant under oath;
(3) Any records of investigative reports prepared by any state,
county, municipal, or other law enforcement agency pertaining to sex
offenses contained in chapter 9A.44 RCW or sexually violent offenses as
defined in RCW 71.09.020, which have been transferred to the Washington
association of sheriffs and police chiefs for permanent electronic
retention and retrieval pursuant to RCW 40.14.070(2)(b);
(4) License applications under RCW 9.41.070; copies of license
applications or information on the applications may be released to law
enforcement or corrections agencies;
(5) Information revealing the identity of child victims of sexual
assault who are under age eighteen. Identifying information means the
child victim's name, address, location, photograph, and in cases in
which the child victim is a relative or stepchild of the alleged
perpetrator, identification of the relationship between the child and
the alleged perpetrator; ((and))
(6) The statewide gang database referenced in RCW 43.43.762; and
(7) Information submitted to the statewide unified sex offender
notification and registration program under RCW 36.28A.040(6) by a
person for the purpose of receiving notification regarding a registered
sex offender, including the person's name, residential address, and e-mail address."
HB 2817 -
By Committee on Human Services & Corrections
On page 1, line 4 of the title, after "offenders;" strike the remainder of the title and insert "and amending RCW 36.28A.040 and 42.56.240."