BP BHEAD INT H [atlas:bill]

AN ACT Relating to sex offenders; amending RCW 72.09.340; adding new sections to chapter 72.09 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 72.09 RCW to read as follows:

The definition in this section applies throughout section 2 of this act unless the context clearly requires otherwise.

"School" means those schools described in RCW 28A.150.010, 28A.150.020, or chapter 28A.195 RCW. It also means any postsecondary school of education including but not limited to colleges, universities, and vocational educational schools. A true copy of a map produced or reproduced by any municipal, school district, county, or transit authority engineer for the purpose of depicting the location and boundaries of the area on or within the radius of one-half of a mile of any property used for a school may be used by the department to determine the location and boundaries of schools.

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

(1) If a local law enforcement agency determines that a sex offender who is about to be released meets the criteria for level three notification, then that person may not reside within one-half of a mile of any school or any day-care center as defined in RCW 74.15.020.

(2) For the purposes of this section and section 3 of this act, "level three notification" means the Washington association of sheriffs and police chiefs' notification standards for the most serious sexual offender.

NEW SECTION. Sec. 3. A new section is added to chapter 72.09 RCW to read as follows:

As soon as possible after the department begins considering where a sex offender who is about to be released will reside upon release from confinement, the department shall notify local law enforcement that the department is developing a release and residential plan. If the local law enforcement agency determines that the agency would issue a level three notification regarding the release of the offender, then the local law enforcement agency shall notify the department that the residential restrictions of section 2 of this act apply to the offender. The department shall not approve a residence within an area restricted under section 2 of this act.

Sec. 4. RCW 72.09.340 and 1996 c 215 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.155(2), except that in no case may this notification requirement be construed to require an extension of an offender's release date.

(3) 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: (a) 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)) (b) 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; or (c) is within the residency restrictions established in section 2 of this act. 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.

(4) When the department requires supervised visitation as a term or condition of a sex offender's community placement under RCW 9.94A.120(9)(c)(vi), 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. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.