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SB18-014: Department Of Corrections Disclose Location Of Out-of-state Inmate

Criminal Justice | Issues
Bill Number: SB18-014
Year: 2018
ACLU Position: Oppose
Sponsors: L. Herod/ C. Wist/R. Fields/ J. Cooke

Description:

The bill states that if the department of corrections (department)
relocates an inmate for incarceration or contracts with another state for
the incarceration of an inmate in a penal institution in another state, then
not later than 48 hours after such relocation, the department shall notify
the prosecuting attorney and any registered victim of crimes for which the
inmate is serving his or her sentence of the name and location of the penal
institution where the inmate is to be housed.
This disclosure requirement does not apply if:
• The inmate is a witness and the executive director of the
department (executive director) determines that disclosing
the inmate’s location would pose a risk to the personal
safety of the inmate, corrections staff, other inmates, or
facilities;
• The prosecuting attorney requests in writing that the
department not disclose the location of the penal institution
where the inmate is located;
• The registered victim is currently incarcerated; or
• The inmate has been employed by the department or as a
law enforcement officer and the executive director
determines that disclosing the inmate’s location poses a risk
to the personal safety of the inmate, corrections staff, other
inmates, or facilities.
If the department relocates an inmate and the executive director
determines that any of these factors applies, then not later than 48 hours
after such relocation, the department shall notify the prosecuting attorney:
• That the inmate has been relocated; and
• Which of the factors the executive director has determined
applies.
If the prosecuting attorney agrees with the executive director’s
determination that a factor applies, then the prosecuting attorney shall
confirm the executive director’s determination in writing, the department
shall retain such written confirmation, and the department shall notify any
registered victim of one or more crimes for which the inmate is serving
his or her sentence that:
• The inmate has been relocated; and
• The department is unable to disclose the inmate’s location
because one of the factors applies.
If the prosecuting attorney disagrees with the executive director’s
determination that a factor applies, then the department shall disclose the
inmate’s location to any registered victims.


Current Status:

Sent to the Governor (04/17/2018)
House Third Reading Passed - No Amendments (04/09/2018)
House Second Reading Special Order - Passed - No Amendments (04/06/2018)
Introduced In House - Assigned to Judiciary (02/01/2018)
Governor Signed (04/23/2018)



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