BILL REQ. #:  H-0921.1 

Read first time 01/21/09.   Referred to Committee on Human Services.

     AN ACT Relating to sex offender residence approval; amending RCW 72.09.340; and providing an effective date.

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

Sec. 1   RCW 72.09.340 and 2005 c 436 s 3 are each amended to read as follows:
     (1) In making all discretionary decisions regarding release plans for and supervision of sex offenders, the department shall set priorities and make decisions based on an assessment of public safety risks.
     (2) The department shall, no later than September 1, 1996, implement a policy governing the department's evaluation and approval of release plans for sex offenders. The policy shall include, at a minimum, a formal process by which victims, witnesses, and other interested people may provide information and comments to the department on potential safety risks to specific individuals or classes of individuals posed by a specific sex offender. The department shall make all reasonable efforts to publicize the availability of this process through currently existing mechanisms and shall seek the assistance of courts, prosecutors, law enforcement, and victims' advocacy groups in doing so. Notice of an offender's proposed residence shall be provided to all people registered to receive notice of an offender's release under RCW ((9.94A.612(2))) 72.09.712, except that in no case may this notification requirement be construed to require an extension of an offender's release date.
     (3) In addition to any other factors considered by the department in exercising its discretion regarding release plans for and supervision of sex offenders, the department shall, prior to approving a residence location, consider the number of registered sex offenders currently residing within one mile of the proposed address.
     (4)(a) For any offender convicted of a felony sex offense against a minor victim after June 6, 1996, the department shall not approve a residence location if the proposed residence: (i) Includes a minor victim or child of similar age or circumstance as a previous victim who the department determines may be put at substantial risk of harm by the offender's residence in the household; or (ii) is within close proximity of the current residence of a minor victim, unless the whereabouts of the minor victim cannot be determined or unless such a restriction would impede family reunification efforts ordered by the court or directed by the department of social and health services. The department is further authorized to reject a residence location if the proposed residence is within close proximity to schools, child care centers, playgrounds, or other grounds or facilities where children of similar age or circumstance as a previous victim are present who the department determines may be put at substantial risk of harm by the sex offender's residence at that location.
     (b) In addition, for any offender prohibited from living in a community protection zone ((under RCW 9.94A.712(6)(a)(ii))), the department may not approve a residence location if the proposed residence is in a community protection zone.
     (((4))) (5) When the department requires supervised visitation as a term or condition of a sex offender's community placement under RCW ((9.94A.700(6))) 9.94B.050, the department shall, prior to approving a supervisor, consider the following: (a) The relationships between the proposed supervisor, the offender, and the minor; (b) the proposed supervisor's acknowledgment and understanding of the offender's prior criminal conduct, general knowledge of the dynamics of child sexual abuse, and willingness and ability to protect the minor from the potential risks posed by contact with the offender; and (c) recommendations made by the department of social and health services about the best interests of the child.

NEW SECTION.  Sec. 2   This act takes effect August 1, 2009.