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When it appears that a person may meet the criteria of a sexually violent predator as defined in RCW 71.09.020, the agency with jurisdiction shall refer the person in writing to the prosecuting attorney of the county in which an action under this chapter may be filed pursuant to RCW 71.09.030 and the attorney general, three months prior to:
The anticipated release from total confinement of a person who has been convicted of a sexually violent offense;
The anticipated release from total confinement of a person found to have committed a sexually violent offense as a juvenile;
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 10.77.086(7); or
Release of a person who has been found not guilty by reason of insanity of a sexually violent offense pursuant to RCW 10.77.020and 10.77.025.
The agency shall provide the prosecuting agency with all relevant information including but not limited to the following information:
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;
A complete copy, if applicable, of any file compiled by the indeterminate sentence review board relating to the person;
All records relating to the psychological or psychiatric evaluation and/or treatment of the person;
A current record of all prior arrests and convictions, and full police case reports relating to those arrests and convictions; and
A current mental health evaluation or mental health records review.
The prosecuting agency has the authority, consistent with RCW 72.09.345(4), to obtain all records relating to the person if the prosecuting agency deems such records are necessary to fulfill its duties under this chapter. The prosecuting agency may only disclose such records in the course of performing its duties pursuant to this chapter, unless otherwise authorized by law.
The prosecuting agency has the authority to utilize the inquiry judge procedures of chapter 10.27 RCW prior to the filing of any action under this chapter to seek the issuance of compulsory process for the production of any records relevant to a determination of whether to seek the civil commitment of a person under this chapter. Any records obtained pursuant to this process may only be disclosed by the prosecuting agency in the course of performing its duties pursuant to this chapter, or unless otherwise authorized by law.
The prosecuting agency has the authority to utilize the procedures under section 2 of this act for the production of any records held by a public agency, including any agency as defined in RCW 42.56.010, relevant to a determination of whether to seek the civil commitment of a person under this chapter. Any records obtained pursuant to this process may only be disclosed by the prosecuting agency in the course of performing its duties pursuant to this chapter, or unless otherwise authorized by law.
The agency, its employees, and officials shall be immune from liability for any good-faith conduct under this section.
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.
Whenever the prosecuting agency believes that any public agency, including any agency as defined in RCW 42.56.010, may be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated, which is believed to be relevant to the determination of whether to seek the civil commitment of a person under this chapter, the prosecuting agency may, prior to the institution of a civil proceeding thereon, execute in writing and cause to be served upon such public agency, a civil investigative demand requiring such public agency to produce such documentary material and permit inspection and copying.
Each demand executed under this section shall:
State the relevant sections or subsections authorizing the issuance of the demand and further state that the demand is for the purpose of obtaining information to aid in a determination of whether to seek the civil commitment of a person;
Describe the class or classes of documentary material to be produced with reasonable specificity so as fairly to indicate the material demanded;
Prescribe a return date within which the documentary material is to be produced; and
Identify the members of the prosecuting agency's staff to whom such documentary material is to be made available for inspection and copying.
No demand executed under this section may:
Contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum; or
Require the disclosure of any documentary material which would be privileged, or which for any other reason would not be required by a subpoena duces tecum issued by a court of this state.
Service of any demand executed under this section may be made by delivering a copy consistent with the civil rules regarding the service of a subpoena duces tecum unless the public agency to whom the demand is directed to agrees otherwise.
At any time before the return date specified in the demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date for, or to modify or set aside a demand issued under subsection (1) of this section, stating good cause, may be filed in the superior court for Thurston county, or in such other county where the public agency is situated. A petition by the public agency on whom the demand is served, stating good cause, to require the prosecuting agency or any person to perform any duty imposed by the provisions of this section, and all other petitions in connection with a demand executed under this section, may be filed in the superior court for Thurston county, or in the county where the public agency is situated or in such other county as may be agreed upon by the parties to such petition. The court shall have jurisdiction to impose such sanctions as are provided for in the civil rules for superior court with respect to discovery motions.
Whenever any public agency fails to comply with any civil investigative demand for documentary material under this section, or whenever satisfactory copying or reproduction of any such material cannot be done and such public agency refuses to surrender such material, the prosecuting agency may file, in the trial court of general jurisdiction of the county in which such public agency is situated, and serve upon such public agency a petition for an order of such court for the enforcement of this section, except that if such public agency is situated in more than one county such petition shall be filed in the county in which such public agency maintains its principal place of business, or in such other county as may be agreed upon by the parties to such petition. Whenever any petition is filed in the trial court of general jurisdiction of any county under this section, such court shall have jurisdiction to hear and determine the matter presented and to enter such order or orders as may be required to carry into effect the provisions of this section, and may impose such sanctions as are provided for in the civil rules for superior court with respect to discovery motions.
This section shall not be applicable to criminal prosecutions.
If an offender sentenced under this chapter or chapter 9.94B RCW is supervised by the department, the offender may earn supervision compliance credit in accordance with procedures that are developed and adopted by the department.
The supervision compliance credit shall be awarded to offenders who are in compliance with supervision terms and are making progress towards the goals of their individualized supervision case plan, including: Participation in specific targeted interventions, risk-related programming, or treatment; or completing steps towards specific targeted goals that enhance protective factors and stability, as determined by the department.
For each month in compliance with community custody conditions in accordance with (a) of this subsection, an offender may earn supervision compliance credit of ten days.
Supervision compliance credit is accrued monthly and time shall not be applied to an offender's term of supervision prior to the earning of the time.
An offender is not eligible to earn supervision compliance credit if he or she:
Was sentenced under RCW 9.94A.507 or 10.95.030;
Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, or 9.94A.670;
Is subject to supervision pursuant to RCW 9.94A.745;
Has an indeterminate sentence and is subject to parole pursuant to RCW 9.95.017; or
Is serving community custody pursuant to early release under RCW 9.94A.730.
An offender is not eligible to earn supervision compliance credit on any cause being served concurrently with a less restrictive alternative subject to supervision pursuant to RCW 71.09.092.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.