BILL REQ. #:  H-3704.3 

Prefiled 12/04/07. Read first time 01/14/08.   Referred to Committee on Human Services.

     AN ACT Relating to requiring the governing authorities of facilities where convicted sex offenders are confined to determine the offender's immigration status and to release offenders subject to deportation into the custody of federal authorities or at a federal facility used to house persons awaiting deportation; amending RCW 72.02.100; adding a new section to chapter 72.09 RCW; adding a new section to chapter 70.48 RCW; and making appropriations.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 72.09 RCW to read as follows:
     The department shall determine the immigration status of every felony sex offender serving a term of confinement on or after the effective date of this section in an institution owned, or utilized under contract, by the state. If the department determines that a sex offender is unlawfully in the United States or is otherwise subject to deportation, the department shall notify the appropriate federal authorities. After the offender has served his or her term of confinement, he or she shall be released into the custody of the appropriate federal authorities. If the appropriate federal authorities fail to take custody of the offender upon release, the department shall release the offender at a location immediately adjacent to a federal facility used to house persons awaiting deportation.

Sec. 2   RCW 72.02.100 and 1988 c 143 s 5 are each amended to read as follows:
     Any person serving a sentence for a term of confinement in a state correctional facility for convicted felons, pursuant to court commitment, who is thereafter released upon an order of parole of the indeterminate ((sentencing)) sentence review board, or who is discharged from custody upon expiration of sentence, or who is ordered discharged from custody by a court of appropriate jurisdiction, shall be entitled to retain his earnings from labor or employment while in confinement and shall be supplied by the superintendent of the state correctional facility with suitable and presentable clothing, the sum of forty dollars for subsistence, and, except as provided in section 1 of this act, transportation by the least expensive method of public transportation not to exceed the cost of one hundred dollars to his place of residence or the place designated in his parole plan, or to the place from which committed if such person is being discharged on expiration of sentence, or discharged from custody by a court of appropriate jurisdiction: PROVIDED, That up to sixty additional dollars may be made available to the parolee for necessary personal and living expenses upon application to and approval by such person's community corrections officer. If in the opinion of the superintendent suitable arrangements have been made to provide the person to be released with suitable clothing and/or the expenses of transportation, the superintendent may consent to such arrangement. If the superintendent has reasonable cause to believe that the person to be released has ample funds, with the exception of earnings from labor or employment while in confinement, to assume the expenses of clothing, transportation, or the expenses for which payments made pursuant to RCW 72.02.100 or 72.02.110 or any one or more of such expenses, the person released shall be required to assume such expenses.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.48 RCW to read as follows:
     The governing authority of a jail shall determine the immigration status of every felony sex offender serving a term of confinement on or after the effective date of this section in the jail. If the authority determines that a sex offender is unlawfully in the United States or is otherwise subject to deportation, the authority shall notify the appropriate federal authorities. After the offender has served his or her term of confinement, he or she shall be released into the custody of the appropriate federal authorities. If the appropriate federal authorities fail to take custody of the offender upon release, the offender shall be released at a location immediately adjacent to a federal facility used to house persons awaiting deportation.

NEW SECTION.  Sec. 4   The sum of . . . . dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2009, from the general fund to the department of corrections for the purposes of this act.

NEW SECTION.  Sec. 5   (1) The sum of . . . . dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2009, from the general fund to the department of community, trade, and economic development for the purposes of this act.
     (2) The department of community, trade, and economic development shall distribute the funds appropriated in this section to each county in the state based on the percentage of the total number of registered sex offenders statewide that reside in the county.