Department Of Corrections Disclose Location Of Out-of-state Inmate

Transfers of inmates to out-of-state institutions - notice to prosecutors and victims. The act 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 one or more of certain factors apply. 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 executive director has 30 days to review the notice of disagreement. If, after such review, the executive director still determines that a factor applies and the inmate's location should not be disclosed, the department shall notify the prosecutor of such fact and notify any registered victims that the prosecutor disagrees with the executive director's determination. Either the prosecutor or any registered victim of the inmate may bring an action in the district court from which the inmate's sentence was issued for the court to determine whether a substantial basis existed and still exists to support the executive director's determination. If the district court finds that no substantial basis exists, the executive director shall disclose the inmate's location to any registered victims.

(Note: This summary applies to this bill as enacted.)