wa-law.org > bill > 2025-26 > HB 2349 > Original Bill

HB 2349 - Sexually violent predators

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Section 1

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    1. 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:

      1. The anticipated release from total confinement of a person who has been convicted of a sexually violent offense;

      2. The anticipated release from total confinement of a person found to have committed a sexually violent offense as a juvenile;

      3. 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 10.77.645(7); or

      4. Release of a person who has been found not guilty by reason of insanity of a sexually violent offense pursuant to RCW 10.77.103 and 10.77.500.

    2. The agency shall provide the prosecuting agency with all relevant information including but not limited to the following information:

      1. 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;

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

      3. All records relating to the psychological or psychiatric evaluation and/or treatment of the person;

      4. A current record of all prior arrests and convictions, and full police case reports relating to those arrests and convictions; and

    3. A current mental health evaluation or mental health records review.

    4. 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.

    5. 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.

    6. The prosecuting agency has the authority to utilize the procedures under RCW 71.09.035 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.

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

  3. 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.

  4. When an agency with jurisdiction provides the referral in subsection (1) of this section, the agency shall concurrently provide written notice of the person's anticipated date of release to the following:

    1. The sheriff of the county in which an action under this chapter may be filed;

    2. The senator and each representative of a legislative district in which an action under this chapter may be filed;

    3. The administrator or manager of the county in which an action under this chapter may be filed; and

    4. The chair of the board of county commissioners or county council, whichever is applicable, in which an action under this chapter may be filed.

Section 2

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    1. At the earliest possible date, and in no event later than 30 days before conditional release, change of address for a person on conditional release, or unconditional discharge, except in the event of escape, the department of social and health services shall send written notice of conditional release, unconditional discharge, or escape, to the following:

      1. The chief of police of the city, if any, in which the person will reside or in which placement will be made under a less restrictive alternative;

      2. The sheriff of the county in which the person will reside or in which placement will be made under a less restrictive alternative;

      3. The sheriff of the county where the person was last convicted of a sexually violent offense, if the department does not know where the person will reside;

      4. The executive authority of the political subdivision in which the person will reside or in which placement will be made under a less restrictive alternative;

    2. The senator and each representative of the legislative district in which the person will reside or in which placement will be made under a less restrictive alternative;

    1. The administrator or manager of the political subdivision in which the person will reside or in which placement will be made under a less restrictive alternative;

    2. The chair of the city council of the city, if any, in which the person will reside or in which placement will be made under a less restrictive alternative; and

    3. The chair of the board of county commissioners or county council, whichever is applicable, in which the person will reside or in which placement will be made under a less restrictive alternative.

The department shall notify the state patrol of the release of all sexually violent predators and that information shall be placed in the Washington crime information center for dissemination to all law enforcement.

b. When the conditional release or unconditional discharge is a result of a court order, the department shall send written notice of the court order to the entities listed in (a) of this subsection no later than seven calendar days after the order is filed.

c. A return to total confinement or to a secure community transition facility pending revocation or modification proceedings is not considered a change of address for purposes of (a) of this subsection, and an additional community notification process is not required, unless conditional release is revoked under RCW 71.09.098 or the return lasts longer than 90 days.

  1. 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 person found to be a sexually violent predator under this chapter:

    1. The victim or victims of any sexually violent offenses for which the person was convicted in the past or the victim's next of kin if the crime was a homicide. "Next of kin" as used in this section means a person's spouse, parents, siblings, and children;

    2. Any witnesses who testified against the person in his or her commitment trial under RCW 71.09.060; and

    3. Any person specified in writing by the prosecuting agency.

Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting agency to receive the notice, and the notice are confidential and shall not be available to the committed person.

  1. If a person committed as a sexually violent predator under this chapter escapes from a department of social and health services facility, the department 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 committed person resided immediately before his or her commitment as a sexually violent predator, or immediately before his or her incarceration for his or her most recent offense. If previously requested, the department shall also notify the witnesses and the victims of the sexually violent offenses for which the person was convicted in the past or the victim's next of kin if the crime was a homicide. If the person 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.

  2. If the victim or victims of any sexually violent offenses for which the person was convicted in the past or 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.

  3. The department of social and health services 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.

  4. 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.

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