HOUSE BILL REPORT
HB 2503


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by House Committee On:
Public Safety & Emergency Preparedness

Title: An act relating to classification of an offender's risk level.

Brief Description: Concerning classification of an offender's risk level.

Sponsors: Representatives O'Brien, Morrell, Liias, Hurst, VanDeWege, Barlow, Kelley and Simpson.

Brief History:

Public Safety & Emergency Preparedness: 1/23/08 [DP].

Brief Summary of Bill
  • Requires a law enforcement agency to classify an out-of-state offender at risk level II when the agency is unable to classify the offender due to insufficient information.


HOUSE COMMITTEE ON PUBLIC SAFETY & EMERGENCY PREPAREDNESS

Majority Report: Do pass. Signed by 7 members: Representatives O'Brien, Chair; Hurst, Vice Chair; Pearson, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Ahern, Goodman and Kirby.

Staff: Jim Morishima (786-7191).

Background:

Under the Community Protection Act of 1990, a sex and kidnapping offender must register with the county sheriff of the county in which he or she resides. This requirement also applies to offenders convicted of sex and kidnapping offenses in other states who subsequently move to Washington. An offender must provide a variety of information upon registration including name, complete residential address, date and place of birth, place of employment, crime of conviction, date and place of conviction, aliases, Social Security number, photograph, and fingerprints.

Law enforcement agencies are authorized to release information regarding registered sex offenders based on the offenders' risk level. For example, for a risk level I offender (evaluated as presenting the least amount of risk to the larger community), a law enforcement agency may only disclose the offender's information to specified persons and entities; e.g., schools, victims, and witnesses. For a risk level III offender (evaluated as presenting the largest amount of risk to the larger community), a law enforcement agency may disclose the offender's information to the public at large.

Offenders who serve terms of confinement in state facilities are initially classified by the Department of Corrections' End of Sentence Review Committee and may be re-classified by local law enforcement agencies. Offenders who do not serve terms of confinement in state facilities, including offenders from other states, are classified by local law enforcement agencies.


Summary of Bill:

When a local law enforcement agency is unable to classify an offender from out-of-state due to insufficient information, the local law enforcement agency must initially classify the offender at risk level II.


Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony:

(In support) Sex offenders from other states often do not have seriousness levels assigned to them when they move to Washington. This bill would ensure that they are at least classified at level II. Local law enforcement would still have the ability to re-classify the offender.

(Opposed) None.

Persons Testifying: Representative O'Brien, prime sponsor.

Persons Signed In To Testify But Not Testifying: None.