AN
ACT Relating to registration of criminals who have victimized children;
amending RCW 4.24.550, 9A.44.130, 9A.44.140, 10.01.200, 43.43.540, 70.48.470,
and 72.09.330; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that offenders who commit kidnapping offenses against minor
children pose a substantial threat to the well-being of our communities. Child
victims are especially vulnerable and unable to protect themselves. The
legislature further finds that requiring sex offenders to register has assisted
law enforcement agencies in protecting their communities. Similar registration
requirements for offenders who have kidnapped or unlawfully imprisoned a child
would also assist law enforcement agencies in protecting the children in their
communities from further victimization.
Sec.
2. RCW
4.24.550 and 1996 c 215 s 1 are each amended to read as follows:
(1)
Public agencies are authorized to release relevant and necessary information
regarding sex offenders and kidnapping 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 and
kidnapping offenders about to be released or placed into the community in a
timely manner. When a sex offender or kidnapping offender under county
jurisdiction will be released from jail and will reside in a county other than
the county of incarceration, the chief law enforcement officer of the jail, or
his or her designee, shall notify the sheriff in the county where the offender
will reside of the offender's release as provided in RCW 70.48.470.
(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)) 9A.44.130 or a kidnapping
offense as defined by RCW 9A.44.130; (b) a person found not guilty of a sex
offense or kidnapping offense by reason of insanity under chapter 10.77
RCW; (c) a person found incompetent to stand trial for a sex offense or
kidnapping 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.
(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.
(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
9A.44.130 and 1996 c 275 s 11 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 kidnapping offense,
or who has been found not guilty by reason of insanity under chapter 10.77 RCW
of committing any sex offense or kidnapping 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 or kidnapping
offenses:
(i)
((SEX)) OFFENDERS IN CUSTODY. (A) 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, and
(B) kidnapping offenders who on or after the effective date of this act are in
custody 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. Kidnapping
offenders who, on the effective date of this act, 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 kidnapping offenses committed before, on, or
after the effective date of this act must register within ten days of the
effective date of this act. 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, or a kidnapping offender required to register as of the
effective date of this act 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, and kidnapping offenders who, on or after the effective
date of this act, 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, or
kidnapping offenses committed on, before, or after the effective date of this
act, 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. Kidnapping
offenders who, on the effective date of this act, 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
kidnapping offenses committed before, on, or after the effective date of this
act must register within ten days of the effective date of this act. 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, or a kidnapping
offender required to register as of the effective date of this act 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, and kidnapping offenders
who are convicted on or after the effective date of this act for a kidnapping
offense that was committed on or after the effective date of this act, 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.
(v)
((SEX)) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON
RESIDENTS. Sex offenders and kidnapping 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, and to kidnapping 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 the effective date of this act.
Sex offenders and kidnapping 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 (A) 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, or (B)
committing a kidnapping offense on, before, or after the effective date of this
act and who on or after the effective date of this act 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)) before July
23, 1995, or any adult or juvenile who has been found not guilty by reason
of insanity of committing a kidnapping offense but who was released before the
effective date of this act, 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 sex offenders who were released ((prior
to)) before July 23, 1995, and kidnapping offenders who were
released before the effective date of this act. 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)(a)
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 at least fourteen days before
moving. If any person required to register pursuant to this section moves to a
new county, the person must send written notice of the change of address at
least fourteen days before moving to the county sheriff in the new county of
residence and must register with that county sheriff within twenty-four hours
of 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.
(b)
It is an affirmative defense to a charge that the person failed to send a
notice at least fourteen days in advance of moving as required under (a) of
this subsection that the person did not know the location of his or her new
residence at least fourteen days before moving. The defendant must establish
the defense by a preponderance of the evidence and, to prevail on the defense,
must also prove by a preponderance that the defendant sent the required notice
within twenty-four hours of determining the new address.
(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:
(a)
"Sex offense" means any offense defined as a sex offense by RCW
9.94A.030 and any violation of RCW 9.68A.040 (sexual exploitation of a
minor), 9.68A.050 (dealing in depictions of minor engaged in sexually explicit
conduct), 9.68A.060 (sending, bringing into state depictions of minor engaged
in sexually explicit conduct), 9.68A.090 (communication with minor for
immoral purposes), 9.68A.100 (patronizing juvenile prostitute), or
9A.44.096 (sexual misconduct with a minor in the second degree), as well
as any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt,
criminal solicitation, or criminal conspiracy to commit an offense that is
classified as a sex offense under RCW 9.94A.030.
(b)
"Kidnapping offense" means the crimes of kidnapping in the first
degree, kidnapping in the second degree, and unlawful imprisonment as defined
in chapter 9A.40 RCW, where the victim is a minor and the offender is not the
minor's parent.
(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.
4. RCW
9A.44.140 and 1996 c 275 s 12 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 (3) or (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, a violation of RCW 9.68A.090 or
9A.44.096, or an attempt, solicitation, or conspiracy to commit 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 or kidnapping offense.
(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 (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.
(4)
An offender having a duty to register under RCW 9A.44.130 for a sex offense or
kidnapping 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 or kidnapping 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 or kidnapping 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 or kidnapping
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.
(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.
(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.
Sec.
5. RCW
10.01.200 and 1990 c 3 s 404 are each amended to read as follows:
The
court shall provide written notification to any defendant charged with a sex
offense or kidnapping offense of the registration requirements of RCW
9A.44.130. Such notice shall be included on any guilty plea forms and judgment
and sentence forms provided to the defendant.
Sec.
6. RCW
43.43.540 and 1990 c 3 s 403 are each amended to read as follows:
The
county sheriff shall forward the information and fingerprints obtained pursuant
to RCW 9A.44.130 to the Washington state patrol within five working days. The
state patrol shall maintain a central registry of sex offenders and
kidnapping offenders required to register under RCW 9A.44.130 and shall
adopt rules consistent with chapters 10.97, 10.98, and 43.43 RCW as are
necessary to carry out the purposes of RCW 9A.44.130, 9A.44.140, 10.01.200,
43.43.540, 46.20.187, 70.48.470, and 72.09.330. The Washington state patrol
shall reimburse the counties for the costs of processing the ((sex))
offender registration, including taking the fingerprints and the photographs.
Sec.
7. RCW
70.48.470 and 1996 c 215 s 2 are each amended to read as follows:
(1)
A person having charge of a jail shall notify in writing any confined person
who is in the custody of the jail for a conviction of a ((sexual [sex]))
sex offense or kidnapping offense as defined in RCW ((9.94A.030))
9A.44.130 of the registration requirements of RCW 9A.44.130 at the time
of the inmate's release from confinement, and shall obtain written
acknowledgment of such notification. The person shall also obtain from the
inmate the county of the inmate's residence upon release from jail.
(2)
If an inmate convicted of a ((sexual)) sex offense or
kidnapping offense will reside in a county other than the county of
incarceration upon release, the chief law enforcement officer, or his or her
designee, shall notify the sheriff of the county where the inmate will reside
of the inmate's impending release. Notice shall be provided at least fourteen
days prior to the inmate's release, or if the release date is not known at
least fourteen days prior to release, notice shall be provided not later than
the day after the inmate's release.
Sec.
8. RCW
72.09.330 and 1990 c 3 s 405 are each amended to read as follows:
(1)
The department shall provide written notification to an inmate convicted of a
sex offense or kidnapping offense of the registration requirements of
RCW 9A.44.130 at the time of the inmate's release from confinement and shall
receive and retain a signed acknowledgement of receipt.
(2) The department shall provide written notification to an
individual convicted of a sex offense or kidnapping offense from another
state of the registration requirements of RCW 9A.44.130 at the time the
department accepts supervision and has legal authority of the individual under
the terms and conditions of the interstate compact agreement under RCW
9.95.270.
