Washington Code 10.77.205 – Sexual or violent offenders — Notice of release, escape, etc. — Definitions
Current as of: 2023 | Check for updates
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(1)(a) At the earliest possible date, and in no event later than 30 days before conditional release, release, authorized furlough pursuant to RCW 10.77.163, or transfer to a less-restrictive facility than a state mental hospital, the superintendent shall send written notice of the conditional release, release, authorized furlough, or transfer of a person who has been found not guilty of a sex, violent, or felony harassment offense by reason of insanity and who is now in the custody of the department pursuant to this chapter, to the following:
Terms Used In Washington Code 10.77.205
- Arrest: Taking physical custody of a person by lawful authority.
- Conditional release: means modification of a court-ordered commitment, which may be revoked upon violation of any of its terms. See Washington Code 10.77.010
- Department: means the state department of social and health services. See Washington Code 10.77.010
- Furlough: means an authorized leave of absence for a resident of a state institution operated by the department designated for the custody, care, and treatment of the criminally insane, consistent with an order of conditional release from the court under this chapter, without any requirement that the resident be accompanied by, or be in the custody of, any law enforcement or institutional staff, while on such unescorted leave. See Washington Code 10.77.010
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Release: means legal termination of the court-ordered commitment under the provisions of this chapter. See Washington Code 10.77.010
- Secretary: means the secretary of the department of social and health services or his or her designee. See Washington Code 10.77.010
(i) The chief of police of the city, if any, in which the person will reside; and
(ii) The sheriff of the county in which the person will reside.
(b) The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific person committed under this chapter:
(i) The victim of the crime for which the person was committed or the victim’s next of kin if the crime was a homicide;
(ii) Any witnesses who testified against the person in any court proceedings; and
(iii) Any person specified in writing by the prosecuting attorney.
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 person committed under this chapter.
(c) In addition to the notice requirements of (a) and (b) of this subsection, the superintendent shall comply with RCW 10.77.163.
(d) The 30-day notice requirement contained in (a) and (b) of this subsection shall not apply to emergency medical furloughs.
(e) The existence of the notice requirements in (a) and (b) of this subsection shall not require any extension of the release date in the event the release plan changes after notification.
(2) If a person who has been found not guilty of a sex, violent, or felony harassment offense by reason of insanity and who is committed under this chapter escapes, the superintendent 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 person resided immediately before the person’s arrest, and the person’s attorney of record. If previously requested, the superintendent shall also notify the witnesses and the victim, if any, of the crime for which the person was committed or the victim’s next of kin if the crime was a homicide. The superintendent shall also notify appropriate persons pursuant to RCW 10.77.165. If the person is recaptured, the secretary 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) If the victim, the victim’s next of kin, or any witness is under the age of 16, the notice required by this section shall be sent to the parents or legal guardian of the child.
(4) The department 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.
(5) 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) “Sex offense” means a sex offense under RCW 9.94A.030;
(c) “Next of kin” means a person’s spouse, state registered domestic partner, parents, siblings, and children;
(d) “Authorized furlough” means a furlough granted after compliance with RCW 10.77.163;
(e) “Felony harassment offense” means a crime of harassment as defined in RCW 9A.46.060 that is a felony.
[ 2023 c 120 § 13; 2009 c 521 § 27; 2000 c 94 § 17; 1994 c 129 § 5; 1992 c 186 § 8; 1990 c 3 § 104.]
NOTES:
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
Severability—1992 c 186: See note following RCW 9A.46.110.