HOUSE BILL REPORT

SSB 5428

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed House:

April 7, 2011

Title: An act relating to notification to schools regarding the release of certain offenders.

Brief Description: Requiring notification to schools regarding the release of certain offenders.

Sponsors: Senate Committee on Human Services & Corrections (originally sponsored by Senators McAuliffe, Harper, Hargrove, Stevens, Zarelli, Pridemore, Shin and Roach).

Brief History:

Committee Activity:

Early Learning & Human Services: 3/17/11, 3/18/11 [DP].

Floor Activity:

Passed House: 4/7/11, 92-0.

Brief Summary of Substitute Bill

Requires the Department of Corrections to provide at least 30 days' written notice to schools when a person age 21 years or younger is released from total confinement who has committed a violent offense, a sex offense, or the offense of stalking, and last attended school in Washington.

HOUSE COMMITTEE ON EARLY LEARNING & HUMAN SERVICES

Majority Report: Do pass. Signed by 7 members: Representatives Kagi, Chair; Roberts, Vice Chair; Walsh, Ranking Minority Member; Hope, Assistant Ranking Minority Member; Goodman, Orwall and Overstreet.

Staff: Linda Merelle (786-7092).

Background:

Department of Corrections Notification Requirements.

For adult offenders, the Department of Corrections (DOC) is required to send written notice of parole, release, community custody, work release placement, furlough, or escape to certain persons. With the exception of escape and emergency furloughs, such notice must be provided at least 30 days in advance. This notice requirement applies to offenders convicted of a violent offense, a sex offense, or felony harassment. The list of persons to whom the notice must be sent includes:

the chief of police of the city in which the offender will reside or be placed in work release;
the sheriff of the county in which the offender will reside or be placed in work release;
the Washington State Patrol (sex offenders only);
if notice has been requested in writing, to:
1. any victim or next of kin if the offense is a homicide;
2. a witness who testified against the offender in any court proceedings involving a violent offense;
3. a person specified by the prosecuting attorney; and
4. any person who has requested notice, at least 60 days prior to release, about a sex offender.

The DOC must also provide notification if there has been an escape and notification of recapture.

Summary of Bill:

The DOC has an additional notice requirement for certain offenders 21 years of age or younger. At least 30 days before release from total confinement, regardless if the release is to parole, community custody, a work release placement, or furlough, the DOC must send written notice of the release or transfer to the school district board of directors and the superintendent of the district in which the offender last attended school if the offender:

is 21 years of age or younger at the time of release;
has been convicted of a violent offense, a sex offense, or stalking; and
last attended school in Washington.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) None.

(Opposed) None.

Persons Testifying: None.

Persons Signed In To Testify But Not Testifying: None.