AN ACT Relating to
registration of sex offenders; amending RCW 9A.44.130 and 9A.44.140; and adding
a new section to chapter 9A.44 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 9A.44.130 and 1994 c
84 s 2 are each amended to read as follows:
(1) Any adult or
juvenile residing in this state who has been found to have committed or has
been convicted of any sex offense, or who has been found not guilty by
reason of insanity under chapter 10.77 RCW of committing any sex offense,
shall register with the county sheriff for the county of the person's
residence.
(2) The person shall provide
the county sheriff with the following information when registering: (a) Name;
(b) address; (c) date and place of birth; (d) place of employment; (e) crime
for which convicted; (f) date and place of conviction; (g) aliases used; and
(h) social security number.
(3)(a) Sex offenders
shall register within the following deadlines. For purposes of this section
the term "conviction" refers to adult convictions and juvenile
adjudications for sex offenses:
(i) SEX OFFENDERS IN
CUSTODY. Sex offenders who committed a sex offense on, before, or after
February 28, 1990, and who, on or after July 28, 1991, are in custody, as a
result of that offense, of the state department of corrections, the state
department of social and health services, a local division of youth services,
or a local jail or juvenile detention facility, must register within
twenty-four hours from the time of release with the county sheriff for the
county of the person's residence. The agency that has jurisdiction over the
offender shall provide notice to the sex offender of the duty to register.
Failure to register within twenty-four hours of release constitutes a violation
of this section and is punishable as provided in subsection (7) of this
section.
(ii) SEX OFFENDERS NOT
IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders, who, on July
28, 1991, are not in custody but are under the jurisdiction of the
indeterminate sentence review board or under the department of correction's
active supervision, as defined by the department of corrections, the state
department of social and health services, or a local division of youth
services, for sex offenses committed before, on, or after February 28, 1990,
must register within ten days of July 28, 1991. A change in supervision status
of a sex offender who was required to register under this subsection (3)(a)(ii)
as of July 28, 1991, shall not relieve the offender of the duty to register or
to reregister following a change in residence. The obligation to register
shall only cease pursuant to RCW 9A.44.140.
(iii) SEX OFFENDERS
UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, as a
result of that offense are in the custody of the United States bureau of
prisons or other federal or military correctional agency for sex offenses
committed before, on, or after February 28, 1990, must register within
twenty-four hours from the time of release with the county sheriff for the
county of the person's residence. Sex offenders who, on July 23, 1995, are not
in custody but are under the jurisdiction of the United States bureau of
prisons, United States courts, United States parole commission, or military
parole board for sex offenses committed before, on, or after February 28, 1990,
must register within ten days of July 23, 1995. A change in supervision status
of a sex offender who was required to register under this subsection
(3)(a)(iii) as of July 23, 1995, shall not relieve the offender of the duty to
register or to reregister following a change in residence. The obligation to
register shall only cease pursuant to RCW 9A.44.140.
(iv) SEX
OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders who are convicted
of a sex offense on or after July 28, 1991, for a sex offense that was
committed on or after February 28, 1990, but who are not sentenced to serve a
term of confinement immediately upon sentencing, shall report to the county
sheriff to register immediately upon completion of being sentenced.
(((iv))) (v)
SEX OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. Sex
offenders who move to Washington state from another state or a foreign
country that are not under the jurisdiction of the state department of
corrections, the indeterminate sentence review board, or the state department
of social and health services at the time of moving to Washington, must
register within thirty days of establishing residence or reestablishing
residence if the person is a former Washington resident. The duty to register
under this subsection applies to sex offenders convicted under the laws of
another state or a foreign country, federal or military statutes,
or Washington state for offenses committed on or after February 28, 1990. Sex
offenders from other states or a foreign country who, when they move to
Washington, are under the jurisdiction of the department of corrections, the
indeterminate sentence review board, or the department of social and health
services must register within twenty-four hours of moving to Washington. The
agency that has jurisdiction over the offender shall notify the offender of the
registration requirements before the offender moves to Washington.
(vi) SEX OFFENDERS
FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been
found not guilty by reason of insanity under chapter 10.77 RCW of committing a
sex offense on, before, or after February 28, 1990, and who, on or after July
23, 1995, is in custody, as a result of that finding, of the state department
of social and health services, must register within twenty-four hours from the
time of release with the county sheriff for the county of the person's
residence. The state department of social and health services shall provide
notice to the adult or juvenile in its custody of the duty to register. Any
adult or juvenile who has been found not guilty by reason of insanity of
committing a sex offense on, before, or after February 28, 1990, but who was
released prior to July 23, 1995, shall be required to register within twenty-four
hours of receiving notice of this registration requirement. The state
department of social and health services shall make reasonable attempts within
available resources to notify offenders who were released prior to July 23,
1995. Failure to register within twenty-four hours of release, or of receiving
notice, constitutes a violation of this section and is punishable as provided
in subsection (7) of this section.
(b) Failure to register
within the time required under this section constitutes a per se violation of
this section and is punishable as provided in subsection (7) of this section.
The county sheriff shall not be required to determine whether the person is
living within the county.
(c) An arrest on
charges of failure to register, service of an information, or a complaint for a
violation of this section, or arraignment on charges for a violation of this
section, constitutes actual notice of the duty to register. Any person charged
with the crime of failure to register under this section who asserts as a
defense the lack of notice of the duty to register shall register immediately
following actual notice of the duty through arrest, service, or arraignment.
Failure to register as required under this subsection (c) constitutes grounds
for filing another charge of failing to register. Registering following
arrest, service, or arraignment on charges shall not relieve the offender from
criminal liability for failure to register prior to the filing of the original
charge.
(d) The deadlines for
the duty to register under this section do not relieve any sex offender of the
duty to register under this section as it existed prior to July 28, 1991.
(4) If any person
required to register pursuant to this section changes his or her residence
address within the same county, the person must send written notice of the
change of address to the county sheriff within ten days of ((establishing
the new residence)) moving. If any person required to register
pursuant to this section moves to a new county, the person must register with
the county sheriff in the new county within ten days of ((establishing the
new residence)) moving. The person must also send written notice
within ten days of the change of address in the new county to the county
sheriff with whom the person last registered. If any person required to
register pursuant to this section moves out of Washington state, the person
must also send written notice within ten days of moving to the new state or a
foreign country to the county sheriff with whom the person last registered in
Washington state.
(5) The county sheriff
shall obtain a photograph of the individual and shall obtain a copy of the
individual's fingerprints.
(6) "Sex
offense" for the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470,
and 72.09.330 means any offense defined as a sex offense by RCW 9.94A.030.
(7) A person who
knowingly fails to register or who moves without notifying the county
sheriff as required by this section is guilty of a class C felony if the
crime for which the individual was convicted was a class A felony or a federal
or out-of-state conviction for an offense that under the laws of this state
would be a class A felony. If the crime was other than a class A felony or a
federal or out-of-state conviction for an offense that under the laws of this
state would be a class A felony, violation of this section is a gross
misdemeanor.
Sec. 2. RCW 9A.44.140 and 1991 c
274 s 3 are each amended to read as follows:
(1) The duty to register
under RCW 9A.44.130 shall end:
(a) For a person
convicted of a class A felony: Such person may only be relieved of the duty to
register under subsection (((2))) (3) or (((3))) (4)
of this section.
(b) For a person
convicted of a class B felony: Fifteen years after the last date of release
from confinement, if any, (including full-time residential treatment) pursuant
to the conviction, or entry of the judgment and sentence, if the person has
spent fifteen consecutive years in the community without being convicted of any
new offenses.
(c) For a person
convicted of a class C felony: Ten years after the last date of release from
confinement, if any, (including full-time residential treatment) pursuant to
the conviction, or entry of the judgment and sentence, if the person has spent
ten consecutive years in the community without being convicted of any new
offenses.
(2) The provisions
of subsection (1) of this section shall apply equally to a person who has been
found not guilty by reason of insanity under chapter 10.77 RCW of a sex offense.
(((2))) (3)
Any person having a duty to register under RCW 9A.44.130 may petition the
superior court to be relieved of that duty. The petition shall be made to the
court in which the petitioner was convicted of the offense that subjects him or
her to the duty to register, or, in the case of convictions in other states,
a foreign country, or a federal or military court, to the court in Thurston
county. The prosecuting attorney of the county shall be named and served as
the respondent in any such petition. The court shall consider the nature of
the registrable offense committed, and the criminal and relevant noncriminal
behavior of the petitioner both before and after conviction, and may consider
other factors. Except as provided in subsection (((3))) (4) of
this section, the court may relieve the petitioner of the duty to register only
if the petitioner shows, with clear and convincing evidence, that future
registration of the petitioner will not serve the purposes of RCW 9A.44.130,
10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.
(((3))) (4)
An offender having a duty to register under RCW 9A.44.130 for a sex offense
committed when the offender was a juvenile may petition the superior court to
be relieved of that duty. The court shall consider the nature of the
registrable offense committed, and the criminal and relevant noncriminal
behavior of the petitioner both before and after adjudication, and may consider
other factors. The court may relieve the petitioner of the duty to register
for a sex offense that was committed while the petitioner was fifteen years of
age or older only if the petitioner shows, with clear and convincing evidence,
that future registration of the petitioner will not serve the purposes of RCW
9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330. The
court may relieve the petitioner of the duty to register for a sex offense that
was committed while the petitioner was under the age of fifteen if the
petitioner (a) has not been adjudicated of any additional sex offenses during
the twenty-four months following the adjudication for the sex offense giving
rise to the duty to register, and (b) the petitioner proves by a preponderance
of the evidence that future registration of the petitioner will not serve the
purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and
72.09.330.
(((4))) (5)
Unless relieved of the duty to register pursuant to this section, a violation
of RCW 9A.44.130 is an ongoing offense for purposes of the statute of limitations
under RCW 9A.04.080.
(((5))) (6)
Nothing in RCW 9.94A.220 relating to discharge of an offender shall be
construed as operating to relieve the offender of his or her duty to register
pursuant to RCW 9A.44.130.
NEW SECTION. Sec.
3. A new section is added
to chapter 9A.44 RCW to read as follows:
When a sex offender
registers with the county sheriff pursuant to RCW 9A.44.130, the county sheriff
shall make reasonable attempts to verify that the sex offender is residing at
the registered address. Reasonable attempts at verifying an address shall
include at a minimum sending certified mail, with return receipt requested, to
the sex offender at the registered address, and if the return receipt is not
signed by the sex offender, talking in person with the residents living at the
address. The sheriff shall make reasonable attempts to locate any sex offender
who cannot be located at the registered address.
