BILL REQ. #:  S-4649.1 

READ FIRST TIME 02/05/10.   

     AN ACT Relating to coordination between local law enforcement and the department of corrections; amending RCW 10.31.100 and 36.28A.040; creating new sections; and providing an expiration date.

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

Sec. 1   RCW 10.31.100 and 2006 c 138 s 23 are each amended to read as follows:
     (1) A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant.
     (2) Except as otherwise provided in this section, a police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer((, except as provided in subsections (1) through (10) of this section)).
     (((1))) (3) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the person.
     (((2))) (4) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
     (a) An order has been issued of which the person has knowledge under RCW 26.44.063, or chapter 7.90, 10.99, 26.09, 26.10, 26.26, 26.50, or 74.34 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence, or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or
     (b) A foreign protection order, as defined in RCW 26.52.010, has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order prohibiting the person under restraint from contacting or communicating with another person, or excluding the person under restraint from a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime; or
     (c) The person is sixteen years or older and within the preceding four hours has assaulted a family or household member as defined in RCW 10.99.020 and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.
     (((3))) (5) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:
     (a) RCW 46.52.010, relating to duty on striking an unattended car or other property;
     (b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
     (c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;
     (d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;
     (e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;
     (f) RCW 46.61.5249, relating to operating a motor vehicle in a negligent manner.
     (((4))) (6) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.
     (((5))) (7) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 79A.60.040 (operation of vessel in a reckless manner or operation of vessel under the influence of intoxicating liquor) shall have the authority to arrest the person.
     (((6))) (8) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.
     (((7))) (9) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.
     (((8))) (10) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.
     (((9))) (11) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 (interference with health care facility) may arrest such person.
     (((10))) (12) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.
     For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).
     (((11))) (13) Any police officer having probable cause to believe that a person being supervised by the department of corrections has violated a condition of his or her community custody may detain and arrest the person if the officer has obtained oral or written authorization to detain the person from the department.
     (14) Except as specifically provided in subsections (((2), (3),)) (4), (5), ((and)) (6), and (8) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.
     (((12))) (15) No police officer may be held criminally or civilly liable for making an arrest pursuant to ((RCW 10.31.100 (2) or (8))) subsection (4) or (10) of this section if the police officer acts in good faith and without malice.

Sec. 2   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) No later than July 1, 2011, the Washington association of sheriffs and police chiefs shall implement procedures as part of the city and county jail booking and reporting system to automatically notify the department of corrections when any of the following events affect an offender housed in any Washington state city or county jail who is being supervised by the department:
     (a) Is booked into a facility;
     (b) Is transferred or assigned to another facility;
     (c) Is released on temporary leave or otherwise;
     (d) Is discharged; or
     (e) Has escaped.
     (7) When funded, the Washington association of sheriffs and police chiefs shall implement and operate an electronic statewide unified sex offender notification and registration program.
     (((7))) (8) 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.

NEW SECTION.  Sec. 3   (1) The department of corrections shall provide law enforcement with access to a hotline staffed by a community corrections officer who can provide authorization to detain any individual under the supervision of the department as provided in RCW 10.31.100(13). The hotline shall be available twenty-four hours a day, seven days a week.
     (2) An offender arrested pursuant to RCW 10.31.100(13) shall be subject to the same proceedings as if the person were arrested by a community corrections officer under RCW 9.94A.716.
     (3) The department of corrections and Washington association of sheriffs and police chiefs shall work cooperatively to inform all law enforcement in the state of the community corrections hotline and the availability of electronic access to view the community custody status of an offender.
     (4) No later than November 1, 2011, the department of corrections shall provide a report to the governor and the appropriate committees of the legislature including, but not limited to, the following information:
     (a) The number of total calls to the hotline and the number of resulting arrests;
     (b) The type of violation alleged and ultimate disposition of violation;
     (c) Utilization of the hotline and electronic information by county;
     (d) A survey of law enforcement regarding their experience using the hotline and accessing electronic information;
     (e) An assessment of the workability of the community corrections hotline and recommendations for its continued use.
     (5) The state, local governments, and their agencies, officers, or employees are immune from civil liability for damages for the access or operation of the community corrections hotline or any decision to detain or not to detain an individual.
     (6) This section expires June 30, 2012.

NEW SECTION.  Sec. 4   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2010, in the omnibus appropriations act, this act is null and void.