Washington Code 72.09.710 – Drug offenders — Notice of release or escape
Current as of: 2023 | Check for updates
|
Other versions
(1) At the earliest possible date, and in no event later than ten 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, community custody, work release placement, furlough, or escape about a specific inmate convicted of a serious drug offense to the following if such notice has been requested in writing about a specific inmate convicted of a serious drug offense:
Terms Used In Washington Code 72.09.710
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- 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
(a) Any witnesses who testified against the inmate in any court proceedings involving the serious drug offense; and
(b) Any person specified in writing by the prosecuting attorney.
Information regarding 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.
(2) If an inmate convicted of a serious drug offense 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 who are entitled to notice under this section. 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.
(3) If 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.
(4) The department of corrections shall send the notices required by this section 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, “serious drug offense” means an offense under RCW 69.50.401(2) (a) or (b) or 69.50.4011(2) (a) or (b).
(6) Information and records prepared, owned, used, or retained by the department of corrections that reveal any notification or request for notification regarding any specific individual, or that reveal the identity, location of, or any information submitted by a person who requests or is invited to enroll for notification under subsection (1) of this section, are exempt from public inspection and copying under chapter 42.56 RCW.
[ 2023 c 391 § 3; 2008 c 231 § 26; 2003 c 53 § 61; 1996 c 205 § 4; 1991 c 147 § 1. Formerly RCW 9.94A.610, 9.94A.154.]
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.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.