BILL REQ. #:  S-3677.2 

Read first time 01/12/10.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to coordination between local law enforcement and the department of corrections; amending RCW 9.94A.716 and 36.28A.040; adding a new section to chapter 72.09 RCW; and creating a new section.

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

Sec. 1   RCW 9.94A.716 and 2008 c 231 s 21 are each amended to read as follows:
     (1) The secretary may issue warrants for the arrest of any offender who violates a condition of community custody. The arrest warrants shall authorize any law enforcement or peace officer or community corrections officer of this state or any other state where such offender may be located, to arrest the offender and place him or her in total confinement pending disposition of the alleged violation.
     (2) A community corrections officer or law enforcement or peace officer, if he or she has reasonable cause to believe an offender has violated a condition of community custody, may suspend the person's community custody status and arrest or cause the arrest and detention in total confinement of the offender, pending the determination of the secretary as to whether the violation has occurred. The community corrections officer or law enforcement or peace officer shall report to the secretary all facts and circumstances and the reasons for the action of suspending community custody status.
     (3) If an offender has been arrested for a new felony offense while under community custody the department shall hold the offender in total confinement until a hearing before the department as provided in this section or until the offender has been formally charged for the new felony offense, whichever is earlier. Nothing in this subsection shall be construed as to permit the department to hold an offender past his or her maximum term of total confinement if the offender has not completed the maximum term of total confinement or to permit the department to hold an offender past the offender's term of community custody.
     (4) A violation of a condition of community custody shall be deemed a violation of the sentence for purposes of RCW 9.94A.631. The authority granted to community corrections officers under this section shall be in addition to that set forth in RCW 9.94A.631.

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   A new section is added to chapter 72.09 RCW to read as follows:
     No later than July 1, 2011, the department shall provide all local law enforcement in the state with access to the offender management network information system such that local law enforcement can immediately access the supervision status of an offender.

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.