S-3940               _______________________________________________

                                                   SENATE BILL NO. 6441

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Bailey, Thorsness, Madsen and Rasmussen

Read first time 1/12/90 and referred to Committee on  Law & Justice.

AN ACT Relating to notice of inmate release; and amending RCW 9.94A.155.

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

        Sec. 1.  Section 1, chapter 346, Laws of 1985 as amended by section 1, chapter 30, Laws of 1989 and RCW 9.94A.155 are each amended to read as follows:

          (1) At the earliest possible date, and in no event later than ten days before release except in the event of escape or emergency furloughs as defined in RCW 72.66.010, the department of corrections shall send written notice of parole, work release placement, furlough, or escape((, if such notice has been requested in writing about a specific)) of each inmate convicted of a violent offense or a sex offense as defined by RCW 9.94A.030, to all of the following:

          (a) The chief of police of the city, if any, in which the inmate will reside, if known, or in which placement will be made in a work release program;

          (b) The sheriff of the county in which the inmate will reside, if known, or in which placement will be made in a work release program;

          (c) The victim, if any, of the crime for which the inmate was convicted or the victim's next of kin if the crime was a homicide;

          (d) Any witnesses who testified against the inmate in any court proceedings involving the violent offense; and

          (e) Any person specified in writing by the prosecuting attorney.

!ixInformation regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the inmate or any other person absent a court order except to a law enforcement officer acting within the scope of his or her duties.

          (2) If an inmate convicted of a violent offense or a sex offense as defined by RCW 9.94A.030 escapes from a correctional facility, the department of corrections shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the inmate resided immediately before the inmate's arrest and conviction.  If previously requested, the department shall also notify the witnesses and the victim, if any, of the crime for which the inmate was convicted or the victim's next of kin if the crime was a homicide.  If the inmate is recaptured, the department shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.

          (3) The department of corrections shall send the notices required by this chapter to the last address provided to the department by the requesting party.  The requesting party shall furnish the department with a current address.

          (4) For purposes of this section the following terms have the following meanings:

          (a) "Violent offense" means a violent offense under RCW 9.94A.030;

          (b) "Next of kin" means a person's spouse, parents, siblings and children.

          (5) Nothing in this section shall impose any liability upon a chief of police of a city or sheriff of a county for failing to request in writing a notice as provided in subsection (1) of this section.