SB 5332 -
By Committee on Appropriations
ADOPTED 04/05/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 36.28A.040 and 2001 c 169 s 3 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
((shall)) 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) ((By January 1, 2001, the standards committee shall complete
the initial standards described in subsection (4) of this section, and
the standards shall be placed into a report and provided to all
Washington state city and county jails, all other criminal justice
agencies as defined in RCW 10.97.030, the chair of the Washington state
senate human services and corrections committee, and the chair of the
Washington state house of representatives criminal justice and
corrections committee.)) (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) An appointed or elected official, public employee, or public
agency as defined in RCW 4.24.470, or 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 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.
(c) 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.
(d) Automated victim information and notification systems in
existence and operational as of the effective date of this act shall
not be required to participate in the statewide system.
NEW SECTION. Sec. 2 In Washington any vendor contracted to
provide a statewide automated victim notification service must deliver
the service with a minimum of 99.95-percent availability and with less
than an average of one-percent notification errors as a result of the
vendor's technology.
NEW SECTION. Sec. 3 The department of corrections is not
required to provide any data to the Washington association of sheriffs
and police chiefs for the statewide automated victim information and
notification system as stated in section 1 of this act, until January
1, 2010."
Correct the title.