(1)(a) When it appears that a person may meet the criteria of a sexually violent predator as defined in *RCW 71.09.020(1), the agency with jurisdiction shall refer the person in writing to the prosecuting attorney of the county where that person was charged, three months prior to:

     (i) The anticipated release from total confinement of a person who has been convicted of a sexually violent offense;

     (ii) The anticipated release from total confinement of a person found to have committed a sexually violent offense as a juvenile;

     (iii) Release of a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial pursuant to **RCW 10.77.090(4); or

     (iv) Release of a person who has been found not guilty by reason of insanity of a sexually violent offense pursuant to ***RCW 10.77.020(3).

     (b) The agency shall provide the prosecutor with all relevant information including but not limited to the following information:

     (i) A complete copy of the institutional records compiled by the department of corrections relating to the person, and any such out-of-state department of corrections' records, if available;

     (ii) A complete copy, if applicable, of any file compiled by the indeterminate sentence review board relating to the person;

     (iii) All records relating to the psychological or psychiatric evaluation and/or treatment of the person;

     (iv) A current record of all prior arrests and convictions, and full police case reports relating to those arrests and convictions; and

     (v) A current mental health evaluation or mental health records review.

     (2) This section applies to acts committed before, on, or after March 26, 1992.

     (3) The agency, its employees, and officials shall be immune from liability for any good-faith conduct under this section.

     (4) As used in this section, "agency with jurisdiction" means that agency with the authority to direct the release of a person serving a sentence or term of confinement and includes the department of corrections, the indeterminate sentence review board, and the department of social and health services.

[2001 c 286 § 5; 1995 c 216 § 2; 1992 c 45 § 3.]

NOTES:

     Reviser's note: *(1) RCW 71.09.020 was amended by 2001 2nd sp.s. c 12 § 102, changing subsection (1) to subsection (12). RCW 71.09.020 was subsequently amended by 2002 c 58 § 2, changing subsection (12) to subsection (16).

     **(2) RCW 10.77.090 was repealed by 2007 c 375 § 17. Later enactment, see RCW 10.77.086.

     ***(3) RCW 10.77.020 was amended by 1998 c 297 § 30, deleting subsection (3).

     Recommendations -- Application -- Effective date -- 2001 c 286: See notes following RCW 71.09.015.

     Severability -- Application -- 1992 c 45: See notes following RCW 9.94A.840.