AN ACT Relating to the
release of information concerning sex offenders; amending RCW 4.24.550,
10.77.163, 10.77.205, 13.40.215, 43.43.745, 71.05.325, and 71.05.425;
reenacting and amending RCW 9.94A.155; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that members of the public may be alarmed when law enforcement officers notify
them that a sex offender who is about to be released from custody will live in
or near their neighborhood. The legislature also finds that if the public is
provided adequate notice and information, the community can develop
constructive plans to prepare themselves and their children for the offender's
release. A sufficient time period allows communities to meet with law
enforcement to discuss and prepare for the release, to establish block watches,
to obtain information about the rights and responsibilities of the community
and the offender, and to provide education and counseling to their children.
Therefore, the legislature intends that when law enforcement officials decide
to notify the public about a sex offender's pending release that notice be
given at least fourteen days before the offender's release whenever possible.
Sec. 2. RCW 4.24.550 and 1990 c 3 s
117 are each amended to read as follows:
(1) Public agencies
are authorized to release relevant and necessary information regarding sex
offenders to the public when the release of the information is necessary for
public protection.
(2) Local law
enforcement agencies and officials who decide to release information pursuant
to this section shall make a good faith effort to notify the public and
residents at least fourteen days before the sex offender is released. If a
change occurs in the release plan, this notification provision will not require
an extension of the release date. The department of corrections and the
department of social and health services shall provide local law enforcement
officials with all relevant information on sex offenders about to be released
or placed into the community in a timely manner.
(3) An elected
public official, public employee, or public agency as defined in RCW 4.24.470
is immune from civil liability for damages for any discretionary decision to
release relevant and necessary information, unless it is shown that the
official, employee, or agency acted with gross negligence or in bad faith. The
authorization and immunity in this section applies to information regarding:
(a) A person convicted of, or juvenile found to have committed, a sex offense
as defined by RCW 9.94A.030; (b) a person found not guilty of a sex offense by
reason of insanity under chapter 10.77 RCW; (c) a person found incompetent to
stand trial for a sex offense and subsequently committed under chapter 71.05 or
71.34 RCW; (d) a person committed as a sexual psychopath under chapter 71.06
RCW; or (e) a person committed as a sexually violent predator under chapter
71.09 RCW. The immunity provided under this section applies to the release of
relevant information to other employees or officials or to the general public.
(((3))) (4)
Except as otherwise provided by statute, nothing in this section shall impose
any liability upon a public official, public employee, or public agency for
failing to release information as provided in subsections (2) and (3)
of this section.
(((4))) (5)
Nothing in this section implies that information regarding persons designated
in subsections (2) and (3) of this section is confidential except
as otherwise provided by statute.
Sec. 3. RCW 9.94A.155 and 1992 c 186
s 7 and 1992 c 45 s 2 are each reenacted and amended to read as follows:
(1) At the earliest
possible date, and in no event later than ((ten)) thirty days
before release except in the event of escape or emergency furloughs as defined
in RCW 72.66.010, the department of corrections shall send written notice of
parole, release, community placement, work release placement, furlough, or
escape about a specific inmate convicted of a violent offense, a sex offense as
defined by RCW 9.94A.030, or a felony harassment offense as defined by RCW
9A.46.060 or 9A.46.110, to the following:
(a) The chief of
police of the city, if any, in which the inmate will reside or in which
placement will be made in a work release program; and
(b) The sheriff of the
county in which the inmate will reside or in which placement will be made in a
work release program.
The sheriff of the
county where the offender was convicted shall be notified if the department
does not know where the offender will reside. The department shall notify the
state patrol of the release of all sex offenders, and that information shall be
placed in the Washington crime information center for dissemination to all law
enforcement.
(2) The same notice as
required by subsection (1) of this section shall be sent to the following if
such notice has been requested in writing about a specific inmate convicted of
a violent offense, a sex offense as defined by RCW 9.94A.030, or a felony
harassment offense as defined by RCW 9A.46.060 or 9A.46.110:
(a) The victim of the
crime for which the inmate was convicted or the victim's next of kin if the
crime was a homicide;
(b) Any witnesses who
testified against the inmate in any court proceedings involving the violent
offense; and
(c) Any person
specified in writing by the prosecuting attorney.
Information regarding
victims, next of kin, or witnesses requesting the notice, information regarding
any other person specified in writing by the prosecuting attorney to receive
the notice, and the notice are confidential and shall not be available to the
inmate.
(3) The existence
of the notice requirements contained in subsections (1) and (2) of this section
shall not require an extension of the release date in the event that the
release plan changes after notification.
(4) If an
inmate convicted of a violent offense, a sex offense as defined by RCW
9.94A.030, or a felony harassment offense as defined by RCW 9A.46.060 or
9A.46.110, escapes from a correctional facility, the department of corrections
shall immediately notify, by the most reasonable and expedient means available,
the chief of police of the city and the sheriff of the county in which the
inmate resided immediately before the inmate's arrest and conviction. If
previously requested, the department shall also notify the witnesses and the
victim of the crime for which the inmate was convicted or the victim's next of
kin if the crime was a homicide. If the inmate is recaptured, the department
shall send notice to the persons designated in this subsection as soon as possible
but in no event later than two working days after the department learns of such
recapture.
(((4))) (5)
If the victim, the victim's next of kin, or any witness is under the age of
sixteen, the notice required by this section shall be sent to the parents or
legal guardian of the child.
(((5))) (6)
The department of corrections shall send the notices required by this chapter
to the last address provided to the department by the requesting party. The
requesting party shall furnish the department with a current address.
(((6))) (7)
For purposes of this section the following terms have the following meanings:
(a) "Violent
offense" means a violent offense under RCW 9.94A.030;
(b) "Next of
kin" means a person's spouse, parents, siblings and children.
(((7))) (8)
Nothing in this section shall impose any liability upon a chief of police of a
city or sheriff of a county for failing to request in writing a notice as
provided in subsection (1) of this section.
Sec. 4. RCW 10.77.163 and 1990 c 3 s
106 are each amended to read as follows:
(1) Before a person
committed under this chapter is permitted temporarily to leave a treatment
facility for any period of time without constant accompaniment by facility
staff, the superintendent, professional person in charge of a treatment
facility, or his or her professional designee shall in writing notify the
prosecuting attorney of any county to which the person is released and the
prosecuting attorney of the county in which the criminal charges against the
committed person were dismissed, of the decision conditionally to release the
person. The notice shall be provided at least ((thirty)) forty-five
days before the anticipated release and shall describe the conditions under
which the release is to occur.
(2) In addition to the
notice required by subsection (1) of this section, the superintendent of each
state institution designated for the custody, care, and treatment of persons
committed under this chapter shall notify appropriate law enforcement agencies
through the state patrol communications network of the furloughs of persons
committed under RCW 10.77.090 or 10.77.110. Notification shall be made at
least ((forty-eight hours)) thirty days before the furlough, and
shall include the name of the person, the place to which the person has
permission to go, and the dates and times during which the person will be on
furlough.
(3) Upon receiving
notice that a person committed under this chapter is being temporarily released
under subsection (1) of this section, the prosecuting attorney may seek a
temporary restraining order to prevent the release of the person on the grounds
that the person is dangerous to self or others.
(4) The notice
requirements contained in this section shall not apply to emergency medical
furloughs.
(5) The existence
of the notice requirements contained in this section shall not require any
extension of the release date in the event the release plan changes after
notification.
(6) The notice
provisions of this section are in addition to those provided in RCW 10.77.205.
Sec. 5. RCW 10.77.205 and 1992 c 186
s 8 are each amended to read as follows:
(1)(a) At the earliest
possible date, and in no event later than ((ten)) thirty days
before conditional release, final discharge, authorized furlough pursuant to
RCW 10.77.163, or transfer to a less-restrictive facility than a state mental
hospital, the superintendent shall send written notice of the conditional
release, final discharge, authorized furlough, or transfer of a person who has
been found not guilty of a sex, violent, or felony harassment offense by reason
of insanity and who is now in the custody of the department pursuant to this
chapter, to the following:
(i) The chief of
police of the city, if any, in which the person will reside; and
(ii) The sheriff of
the county in which the person will reside.
(b) The same notice as
required by (a) of this subsection shall be sent to the following, if such
notice has been requested in writing about a specific person committed under
this chapter:
(i) The victim of the
crime for which the person was committed or the victim's next of kin if the
crime was a homicide;
(ii) Any witnesses who
testified against the person in any court proceedings; and
(iii) Any person
specified in writing by the prosecuting attorney.
Information regarding
victims, next of kin, or witnesses requesting the notice, information regarding
any other person specified in writing by the prosecuting attorney to receive
the notice, and the notice are confidential and shall not be available to the
person committed under this chapter.
(c) In addition to the
notice requirements of (a) and (b) of this subsection, the superintendent shall
comply with RCW 10.77.163.
(d) The thirty-day
notice requirement contained in (a) and (b) of this subsection shall not apply
to emergency medical furloughs.
(e) The existence
of the notice requirements in (a) and (b) of this subsection shall not require
any extension of the release date in the event the release plan changes after
notification.
(2) If a person who
has been found not guilty of a sex, violent, or felony harassment offense by
reason of insanity and who is committed under this chapter escapes, the
superintendent shall immediately notify, by the most reasonable and expedient
means available, the chief of police of the city and the sheriff of the county
in which the person resided immediately before the person's arrest. If
previously requested, the superintendent shall also notify the witnesses and
the victim, if any, of the crime for which the person was committed or the
victim's next of kin if the crime was a homicide. The superintendent shall
also notify appropriate persons pursuant to RCW 10.77.165. If the person is
recaptured, the secretary shall send notice to the persons designated in this
subsection as soon as possible but in no event later than two working days
after the department learns of such recapture.
(3) If the victim, the
victim's next of kin, or any witness is under the age of sixteen, the notice
required by this section shall be sent to the parents or legal guardian of the
child.
(4) The department
shall send the notices required by this chapter to the last address provided to
the department by the requesting party. The requesting party shall furnish the
department with a current address.
(5) For purposes of
this section the following terms have the following meanings:
(a) "Violent
offense" means a violent offense under RCW 9.94A.030;
(b) "Sex
offense" means a sex offense under RCW 9.94A.030;
(c) "Next of
kin" means a person's spouse, parents, siblings, and children;
(d) "Authorized
furlough" means a furlough granted after compliance with RCW 10.77.163;
(e) "Felony
harassment offense" means a crime of harassment as defined in RCW
9A.46.060 that is a felony.
Sec. 6. RCW 13.40.215 and 1993 c 27 s
1 are each amended to read as follows:
(1)(a) Except as
provided in subsection (2) of this section, at the earliest possible date, and
in no event later than ((ten)) thirty days before discharge,
parole, or any other authorized leave or release, or before transfer to a
community residential facility, the secretary shall send written notice of the
discharge, parole, authorized leave or release, or transfer of a juvenile found
to have committed a violent offense, a sex offense, or stalking, to the
following:
(i) The chief of
police of the city, if any, in which the juvenile will reside; and
(ii) The sheriff of
the county in which the juvenile will reside.
(b) The same notice as
required by (a) of this subsection shall be sent to the following, if such
notice has been requested in writing about a specific juvenile:
(i) The victim of the
offense for which the juvenile was found to have committed or the victim's next
of kin if the crime was a homicide;
(ii) Any witnesses who
testified against the juvenile in any court proceedings involving the offense;
and
(iii) Any person
specified in writing by the prosecuting attorney.
Information regarding
victims, next of kin, or witnesses requesting the notice, information regarding
any other person specified in writing by the prosecuting attorney to receive
the notice, and the notice are confidential and shall not be available to the
juvenile. The notice to the chief of police or the sheriff shall include the
identity of the juvenile, the residence where the juvenile will reside, the
identity of the person, if any, responsible for supervising the juvenile, and
the time period of any authorized leave.
(c) The thirty-day
notice requirements contained in this subsection shall not apply to emergency
medical furloughs.
(d) The existence
of the notice requirements in this subsection will not require any extension of
the release date in the event the release plan changes after notification.
(2)(a) If a juvenile
found to have committed a violent offense, a sex offense, or stalking escapes
from a facility of the department, the secretary shall immediately notify, by
the most reasonable and expedient means available, the chief of police of the
city and the sheriff of the county in which the juvenile resided immediately
before the juvenile's arrest. If previously requested, the secretary shall
also notify the witnesses and the victim of the offense which the juvenile was
found to have committed or the victim's next of kin if the crime was a
homicide. If the juvenile is recaptured, the secretary shall send notice to
the persons designated in this subsection as soon as possible but in no event
later than two working days after the department learns of such recapture.
(b) The secretary may
authorize a leave, for a juvenile found to have committed a violent offense, a
sex offense, or stalking, which shall not exceed forty-eight hours plus travel
time, to meet an emergency situation such as a death or critical illness of a
member of the juvenile's family. The secretary may authorize a leave, which
shall not exceed the time medically necessary, to obtain medical care not
available in a juvenile facility maintained by the department. Prior to the
commencement of an emergency or medical leave, the secretary shall give notice
of the leave to the appropriate law enforcement agency in the jurisdiction in
which the juvenile will be during the leave period. The notice shall include
the identity of the juvenile, the time period of the leave, the residence of
the juvenile during the leave, and the identity of the person responsible for
supervising the juvenile during the leave. If previously requested, the
department shall also notify the witnesses and victim of the offense which the
juvenile was found to have committed or the victim's next of kin if the offense
was a homicide.
In case of an
emergency or medical leave the secretary may waive all or any portion of the
requirements for leaves pursuant to RCW 13.40.205 (2)(a), (3), (4), and (5).
(3) If the victim, the
victim's next of kin, or any witness is under the age of sixteen, the notice
required by this section shall be sent to the parents or legal guardian of the
child.
(4) The secretary
shall send the notices required by this chapter to the last address provided to
the department by the requesting party. The requesting party shall furnish the
department with a current address.
(5) For purposes of
this section the following terms have the following meanings:
(a) "Violent
offense" means a violent offense under RCW 9.94A.030;
(b) "Sex
offense" means a sex offense under RCW 9.94A.030;
(c) "Stalking"
means the crime of stalking as defined in RCW 9A.46.110;
(d) "Next of
kin" means a person's spouse, parents, siblings, and children.
Sec. 7. RCW 43.43.745 and 1993 c 24 s
1 are each amended to read as follows:
(1) It shall be the
duty of the sheriff or director of public safety of every county, of the chief
of police of each city or town, or of every chief officer of other law
enforcement agencies operating within this state, to record the fingerprints of
all persons held in or remanded to their custody when convicted of any crime as
provided for in RCW 43.43.735 for which the penalty of imprisonment might be
imposed and to disseminate and file such fingerprints in the same manner as
those recorded upon arrest pursuant to RCW 43.43.735 and 43.43.740.
(2) Every time the
secretary authorizes a furlough as provided for in RCW 72.66.012 the department
of corrections shall notify, ((forty-eight hours)) thirty days
prior to the beginning of such furlough, the sheriff or director of public
safety of the county to which the prisoner is being furloughed, the nearest
Washington state patrol district facility in the county wherein the furloughed
prisoner is to be residing, and other similar criminal justice agencies that
the named prisoner has been granted a furlough, the place to which furloughed,
and the dates and times during which the prisoner will be on furlough status.
In the case of an emergency furlough the ((forty-eight hour)) thirty-day
time period shall not be required but notification shall be made as promptly as
possible and before the prisoner is released on furlough.
(3) Disposition of the
charge for which the arrest was made shall be reported to the section at
whatever stage in the proceedings a final disposition occurs by the arresting
law enforcement agency, county prosecutor, city attorney, or court having
jurisdiction over the offense: PROVIDED, That the chief shall promulgate rules
pursuant to chapter 34.05 RCW to carry out the provisions of this subsection.
(4) Whenever a person
serving a sentence for a term of confinement in a state correctional facility
for convicted felons, pursuant to court commitment, is released on an order of
the state indeterminate sentence review board, or is discharged from custody on
expiration of sentence, the department of corrections shall promptly notify the
sheriff or director of public safety, the nearest Washington state patrol
district facility, and other similar criminal justice agencies that the named
person has been released or discharged, the place to which such person has been
released or discharged, and the conditions of his or her release or discharge.
Local law enforcement
agencies ((may)) shall require persons convicted of sex offenses
to register pursuant to RCW 9A.44.130. In addition, nothing in this section
shall be construed to prevent any local law enforcement authority from
recording the residency and other information concerning any convicted felon or
other person convicted of a criminal offense when such information is obtained
from a source other than from registration pursuant to RCW 9A.44.130 which
source may include any officer or other agency or subdivision of the state.
(5) The existence
of the notice requirement in subsection (2) of this section will not require
any extension of the release date in the event the release plan changes after
notification.
Sec. 8. RCW 71.05.325 and 1990 c 3 s
111 are each amended to read as follows:
(1) Before a person
committed under grounds set forth in RCW 71.05.280(3) is released from
involuntary treatment because a new petition for involuntary treatment has not
been filed under RCW 71.05.320(2), the superintendent, professional person, or
designated mental health professional responsible for the decision whether to
file a new petition shall in writing notify the prosecuting attorney of the
county in which the criminal charges against the committed person were
dismissed, of the decision not to file a new petition for involuntary
treatment. Notice shall be provided at least ((thirty)) forty-five
days before the period of commitment expires.
(2)(a) Before a person
committed under grounds set forth in RCW 71.05.280(3) is permitted temporarily
to leave a treatment facility pursuant to RCW 71.05.270 for any period of time
without constant accompaniment by facility staff, the superintendent,
professional person in charge of a treatment facility, or his or her
professional designee shall in writing notify the prosecuting attorney of any
county to which the person is to be released and the prosecuting attorney of
the county in which the criminal charges against the committed person were
dismissed, of the decision conditionally to release the person. The notice
shall be provided at least ((thirty)) forty-five days before the
anticipated release and shall describe the conditions under which the release
is to occur.
(b) The provisions of
RCW 71.05.330(2) apply to proposed temporary releases, and either or both
prosecuting attorneys receiving notice under this subsection may petition the
court under RCW 71.05.330(2).
(3) Nothing in this
section shall be construed to authorize detention of a person unless a valid
order of commitment is in effect.
(4) The existence
of the notice requirements in this section will not require any extension of
the release date in the event the release plan changes after notification.
(5) The notice
requirements contained in this section shall not apply to emergency medical
furloughs.
(6) The notice
provisions of this section are in addition to those provided in RCW 71.05.425.
Sec. 9. RCW 71.05.425 and 1992 c 186
s 9 are each amended to read as follows:
(1)(a) Except as
provided in subsection (2) of this section, at the earliest possible date, and
in no event later than ((ten)) thirty days before conditional
release, final discharge, authorized leave under RCW 71.05.325(2), or transfer
to a less-restrictive facility than a state mental hospital, the superintendent
shall send written notice of conditional release, final discharge, authorized
leave, or transfer of a person committed under RCW 71.05.280(3) or
71.05.320(2)(c) following dismissal of a sex, violent, or felony harassment
offense pursuant to RCW 10.77.090(3) to the following:
(i) The chief of
police of the city, if any, in which the person will reside; and
(ii) The sheriff of
the county in which the person will reside.
(b) The same notice as
required by (a) of this subsection shall be sent to the following, if such
notice has been requested in writing about a specific person committed under
RCW 71.05.280(3) or 71.05.320(2)(c) following dismissal of a sex, violent, or
felony harassment offense pursuant to RCW 10.77.090(3):
(i) The victim of the
sex, violent, or felony harassment offense that was dismissed pursuant to RCW
10.77.090(3) preceding commitment under RCW 71.05.280(3) or 71.05.320(2)(c) or
the victim's next of kin if the crime was a homicide;
(ii) Any witnesses who
testified against the person in any court proceedings; and
(iii) Any person
specified in writing by the prosecuting attorney.
Information regarding
victims, next of kin, or witnesses requesting the notice, information regarding
any other person specified in writing by the prosecuting attorney to receive
the notice, and the notice are confidential and shall not be available to the
person committed under this chapter.
(c) The thirty-day
notice requirements contained in this subsection shall not apply to emergency
medical furloughs.
(d) The existence
of the notice requirements in this subsection will not require any extension of
the release date in the event the release plan changes after notification.
(2) If a person
committed under RCW 71.05.280(3) or 71.05.320(2)(c) following dismissal of a
sex, violent, or felony harassment offense pursuant to RCW 10.77.090(3)
escapes, the superintendent shall immediately notify, by the most reasonable
and expedient means available, the chief of police of the city and the sheriff
of the county in which the person resided immediately before the person's
arrest. If previously requested, the superintendent shall also notify the
witnesses and the victim of the sex, violent, or felony harassment offense that
was dismissed pursuant to RCW 10.77.090(3) preceding commitment under RCW
71.05.280(3) or 71.05.320(2) or the victim's next of kin if the crime was a
homicide. In addition, the secretary shall also notify appropriate parties
pursuant to RCW 71.05.410. If the person is recaptured, the superintendent
shall send notice to the persons designated in this subsection as soon as
possible but in no event later than two working days after the department
learns of such recapture.
(3) If the victim, the
victim's next of kin, or any witness is under the age of sixteen, the notice
required by this section shall be sent to the parent or legal guardian of the
child.
(4) The superintendent
shall send the notices required by this chapter to the last address provided to
the department by the requesting party. The requesting party shall furnish the
department with a current address.
(5) For purposes of
this section the following terms have the following meanings:
(a) "Violent
offense" means a violent offense under RCW 9.94A.030;
(b) "Sex
offense" means a sex offense under RCW 9.94A.030;
(c) "Next of
kin" means a person's spouse, parents, siblings, and children;
(d)
"Felony harassment offense" means a crime of harassment as defined in
RCW 9A.46.060 that is a felony.
