§706-673  Notice of escape.  (1)  As
used in this section, the following terms have the following meanings:



"Offense against the person" means
any of the offenses described in chapter 707 and includes any attempt to commit
any of those offenses.



"Prisoner" means a person who has
been convicted of an offense against the person.



"Surviving immediate family member"
means a person who is a surviving grandparent, parent, sibling, spouse or
reciprocal beneficiary, child, or legal guardian of a deceased victim.



"Victim" means the person who was the
victim of the offense against the person for which the prisoner was convicted.



(2)  Upon written request, the department of
public safety shall give notice of the escape of a prisoner, immediately
following the escape, by the most reasonable and expedient means available, to
each victim or a surviving immediate family member of the victim, through the
victim witness assistance program in the county where the crime was committed.



(3)  Neither the failure of any state officer
or employee to carry out the requirements of this section nor compliance with
it shall subject the State, the officer, or employee to liability in any civil
action.  However, such failure may provide a basis for such disciplinary action
as may be deemed appropriate by a competent authority. [L 1990, c 193, §1; am L
1997, c 383, §67]



 



Cross References



 



  Registration of sex offenders and other covered offenders,
see chapter 846E.



 



COMMENTARY ON §706-673



 



  Act 193, Session Laws 1990, added this section which would
require the department of public safety to notify victims or their next-of-kin
of an escape by the prisoner who committed a crime against the victim.  The
legislature felt this requirement would make victims of crimes feel more secure
knowing they would be notified immediately if the prisoner escaped.  Senate
Standing Committee Report No. 2935.



  Act 383, Session Laws 1997, amended this section by amending
the definition of "surviving immediate family member" to include a
reciprocal beneficiary.  The amendment establishes the status of reciprocal
beneficiaries and provides certain state governmental benefits to those with
that status.  Among the benefits extended to reciprocal beneficiaries which are
substantially equivalent to those extended to spouses is legal standing
relating to victims rights.  Conference Committee Report No. 2.