5094 AMH STER AMH-5428.2

5094 AMH STER AMH-5428.2

SB 5094 - H AMD ADOPTED 3-4-98

By Representative Sterk

On page 3, after line 9, insert the following:

"NEW SECTION. Sec. 3. The department of corrections shall conduct a special study of sex offenders who have committed sex offenses against children.

(1) The study shall include any person:

(a) Convicted of any of the following offenses:

(i) Rape of a child in the first degree (RCW 9A.44.073), second degree (RCW 9A.44.076), or third degree (RCW 9A.44.079);

(ii) Child molestation in the first degree (RCW 9A.44.083), second degree (RCW 9A.44.086), or third degree (RCW 9A.44.089);

(iii) Sexual misconduct with a minor in the first degree (RCW 9A.44.093) or second degree (RCW 9A.44.096); or

(iv) Any equivalent or substantially similar offense committed against a child for which the person was convicted in another jurisdiction;

(b) Who resides within one mile of any of the following locations within the state of Washington:

(i) Any public school as defined in RCW 28A.150.010;

(ii) Any common school as defined in RCW 28A.150.020;

(iii) Any private school as defined in RCW 28A.195.010; or

(iv) Any child day-care center as defined in RCW 74.15.020; and

(c) Who is currently serving a term of community supervision, community placement, community service, or other similar conditional release as authorized by the laws of another jurisdiction, or who has been released from a sentence of total confinement for any offense identified in (a) of this subsection within the past five years.

(2) The department of corrections shall report the findings of the study to the legislature, which report shall contain at least the following minimum information:

(a) The number of offenders identified in subsection (1) of this section;

(b) The proximity of each of the offenders identified in (a) of this subsection to any location described in subsection (1)(b) of this section, for example, "across the street," "two blocks," and similar phrases;

(c) The most recent offense identified in subsection (1)(a) of this section for which each offender was convicted and whether such offense was a first offense. If the offense was not a first offense, any other sex offenses set out in chapter 9A.44 RCW for which the offender has been convicted, and when each such an offense was committed; and

(d) The names of the county, municipality, and school or day care center within one mile of which any offender required to be identified by this study resides.

(3) The department of corrections shall conduct this study with existing department funds.

(4) The department of corrections shall report the results of this study by December 31, 1998.

NEW SECTION. Sec. 4. The department of corrections shall conduct a special study of sex offenders.

(1) The subject of the study shall be the posting on the internet of information related to offenders who have committed sex offenses as set out in chapter 9A.44 RCW.

(2) The department of corrections shall report the findings of the study to the legislature, which report shall contain at least the following minimum information:

(a) Which other states, if any, maintain information related to sex offenders on the internet, what particular information is maintained by any such state, and the cost and effectiveness of any such program of another state in keeping the public informed with regard to sex offenders;

(b) The resources required and costs that would be incurred in implementing such a program in Washington; and

(3) The department of corrections shall conduct this study with existing department funds.

(4) The department of corrections shall report the results of this study by December 31, 1998."

Correct the title.

EFFECT: Provides for two studies by the Department of Corrections, to be conducted with existing department funds. Reports on both studies are due to the legislature by December 31, 1998. The first examines the proximity of recently released offenders who have committed sex crimes against children to schools and day care centers. The second examines other states' posting of sex offender information on the internet, and reports on costs and effectiveness, as well as estimates the time, costs, and resources needed to establish such a program in Washington.

SB 5094 - H COMM AMD

By Committee on Criminal Justice & Corrections

On page 2, line 32, replace "conviction" with ((~~conviction~~)) remand to custody"

EFFECT: Provides that bond is not exonerated until an offender is remanded to custody, rather than upon conviction C after which an offender may be on release, and not necessarily in custody.