(1) At the earliest
possible date, and in no event later than thirty 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, release, community custody, work
release placement, furlough, or escape about a specific inmate
convicted of a violent offense, a sex offense as defined by RCW 9.94A.030, or a felony harassment offense as defined by RCW 9A.46.060 or 9A.46.110, to the following:
(a) The chief of police of the city, if any, in which the
inmate will reside or in which placement will be made in a work
release program; and
(b) The sheriff of the county in which the inmate will
reside or in which placement will be made in a work release
program.
The sheriff of the county where the offender was convicted
shall be notified if the department does not know where the
offender will reside. The department shall notify the state
patrol of the release of all sex offenders, and that information
shall be placed in the Washington crime information center for
dissemination to all law enforcement.
(2) The same notice as required by subsection (1) of this
section shall be sent to the following if such notice has been
requested in writing about a specific inmate convicted of a
violent offense, a sex offense as defined by RCW 9.94A.030, or a
felony harassment offense as defined by RCW 9A.46.060 or 9A.46.110:
(a) The victim of the crime for which the inmate was
convicted or the victim's next of kin if the crime was a
homicide;
(b) Any witnesses who testified against the inmate in any
court proceedings involving the violent offense;
(c) Any person specified in writing by the prosecuting
attorney; and
(d) Any person who requests such notice about a specific
inmate convicted of a sex offense as defined by RCW 9.94A.030
from the department of corrections at least sixty days prior to
the expected release date of the offender.
Information 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. Whenever the department of corrections
mails notice pursuant to this subsection and the notice is
returned as undeliverable, the department shall attempt
alternative methods of notification, including a telephone call
to the person's last known telephone number.
(3) The existence of the notice requirements contained in
subsections (1) and (2) of this section shall not require an
extension of the release date in the event that the release plan
changes after notification.
(4) If an inmate convicted of a violent offense, a sex
offense as defined by RCW 9.94A.030, or a felony harassment
offense as defined by RCW 9A.46.060 or 9A.46.110, 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 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.
(5) If the victim, the victim's next of kin, or any witness
is under the age of sixteen, the notice required by this section
shall be sent to the parents or legal guardian of the child.
(6) 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.
(7) The department of corrections shall keep, for a minimum
of two years following the release of an inmate, the following:
(a) A document signed by an individual as proof that that
person is registered in the victim or witness notification
program; and
(b) A receipt showing that an individual registered in the
victim or witness notification program was mailed a notice, at
the individual's last known address, upon the release or movement
of an inmate.
(8) 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.
(9) 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.
[2008 c 231 § 27; 1996 c 215 § 4. Prior: 1994 c 129 § 3; 1994 c 77 § 1; prior: 1992 c 186 § 7; 1992 c 45 § 2; 1990 c 3 § 121; 1989 c 30 § 1; 1985 c 346 § 1. Formerly RCW 9.94A.612, 9.94A.155.]
NOTES:
Intent -- Application -- Application of repealers -- Effective date -- 2008 c 231: See notes following RCW 9.94A.701.
Severability -- 2008 c 231: See note following RCW 9.94A.500.
Findings -- Intent -- 1994 c 129: See note following RCW 4.24.550.
Severability -- 1992 c 186: See note following RCW 9A.46.110.
Severability -- Application -- 1992 c 45: See notes following RCW 9.94A.840.
Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.