[atlas:bill]

AN ACT Relating to public dissemination of information regarding persons convicted of a crime; adding a new section to chapter 72.09 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that the citizens of this state are usually unaware of the presence of criminals, and criminal activity, within their communities and neighborhoods. As a consequence, law-abiding citizens are frequently unable to take effective measures to protect themselves. Criminals have no right to keep their identities hidden from the public, making law-abiding citizens uninformed, unaware, unprotected, and vulnerable to further harm. Far too often, criminals engage in repeat offenses within the very community where they committed previous offenses and within the very community where they currently reside. Because of the lack of accessibility to information regarding criminals, and criminal activity, citizens of the state needlessly suffer the many harmful effects of crime, including injury to their person and property, loss of life, financial loss, increased anxiety, and loss of a sense of well-being.

Simple protective measures by responsible individuals will frequently thwart criminal activity. However, a lack of pertinent knowledge effectively hinders citizens from taking lawful, wise, crime-preventative actions. The law-abiding public must have the basic information necessary to protect their lives, their property, and the ability to engage in the pursuit of happiness.

The internet is one of the most rapid and effective means of communicating information available today. A large percentage of the population is now online, and it appears likely that the internet will be increasingly utilized as a means of receiving important information. The legislature therefore concludes that it is in the best interest of the public health, safety, and welfare that information regarding criminals and criminal activity be posted on the internet and thereby made available to the public at large.

NEW SECTION. Sec. 2. A new section is added to chapter 72.09 RCW to read as follows:

(1) The department of corrections shall post information regarding an offender on the internet within thirty days following his or her conviction and subsequent custody to the department.

(2) The posting of information on the internet applies to information regarding: (a) Any person convicted of a sex offense as defined in RCW 9.94A.030; (b) any person under the jurisdiction of the indeterminate sentence review board as the result of a sex offense; (c) any person committed as a sexually violent predator under chapter 71.09 RCW or as a sexual psychopath under chapter 71.06 RCW; (d) any person adjudicated or convicted of a felony classified as a violent offense under chapter 9.94A RCW; and (e) any person convicted of an offense involving the manufacture, delivery, or possession with intent to deliver, a controlled substance under chapter 69.50 RCW.

(3) Within the limits of subsection (2) of this section, the department shall post the following information:

(a) The name of the person and any aliases used by the person;

(b) The address of the person at the time the person was arrested and the current address of the person;

(d) The offense for which the person was convicted and the sentence imposed on the person by the trial court;

(e) The person's age, height, weight, and other descriptive data, such as a tattoo or other distinguishing marks;

(f) A copy of the person's mug shots and a photograph of the person taken at the time of sentencing or upon release;

(g) The dates and duration that the person was or will be incarcerated, the anticipated release date, the actual release date, indication of whether the person served the complete sentence or was released early for any reason, and indication of that reason; and

(h) A list of all previous felonies for which the person has been convicted and the disposition of each conviction.

(4) The department shall ensure that the information required by subsections (2) and (3) of this section is posted on the internet regardless of whether the person to whom the information pertains has filed an appeal of the underlying conviction or adjudication.

(5) The department shall ensure that the information required by subsections (2) and (3) of this section remains on the internet during the offender's incarceration within the department and for a total of thirty days following the offender's release date from the department's supervision.