AN
ACT Relating to community notification for risk level III sex and kidnapping
offenders; and amending RCW 65.16.020 and 4.24.550.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
65.16.020 and 1961 c 279 s 1 are each amended to read as follows:
The
qualifications of a legal newspaper are that such newspaper shall have been
published regularly, at least once a week, in the English language, as a
newspaper of general circulation, in the city or town where the same is
published at the time of application for approval, for at least six months
prior to the date of such application; shall be compiled either in whole or in
part in an office maintained at the place of publication; shall contain news of
general interest as contrasted with news of interest primarily to an
organization, group or class; shall have a policy to print all statutorily
required legal notices; and shall hold a ((second)) periodical
class mailing permit: PROVIDED, That in case of the consolidation of two or
more newspapers, such consolidated newspaper shall be considered as qualified
if either or any of the papers so consolidated would be a qualified newspaper
at the date of such legal publication, had not such consolidation taken place:
PROVIDED, That this section shall not disqualify as a legal newspaper any
publication which, prior to June 8, 1961, was adjudged a legal newspaper, so
long as it continues to meet the requirements under which it qualified.
Sec.
2. RCW
4.24.550 and 1998 c 220 s 6 are each amended to read as follows:
(1)
Public agencies are authorized to release information to the public regarding
sex offenders and kidnapping offenders when the agency determines that
disclosure of the information is relevant and necessary to protect the public
and counteract the danger created by the particular offender. This authorization
applies to information regarding: (a) Any person adjudicated or convicted of a
sex offense as defined in RCW 9A.44.130 or a kidnapping offense as defined by
RCW 9A.44.130; (b) any person under the jurisdiction of the indeterminate
sentence review board as the result of a sex offense or kidnapping offense; (c)
any person committed as a sexually violent predator under chapter 71.09 RCW or
as a sexual psychopath under chapter 71.06 RCW; (d) any person found not guilty
of a sex offense or kidnapping offense by reason of insanity under chapter
10.77 RCW; and (e) any person found incompetent to stand trial for a sex
offense or kidnapping offense and subsequently committed under chapter 71.05 or
71.34 RCW.
(2)
The extent of the public disclosure of relevant and necessary information shall
be rationally related to: (a) The level of risk posed by the offender to the
community; (b) the locations where the offender resides, expects to reside, or
is regularly found; and (c) the needs of the affected community members for
information to enhance their individual and collective safety.
(3)
Local law enforcement agencies shall consider the following guidelines in
determining the extent of a public disclosure made under this section: (a) For
offenders classified as risk level I, the agency shall share information with
other appropriate law enforcement agencies and may disclose, upon request,
relevant, necessary, and accurate information to any victim or witness to the
offense and to any individual community member who lives near the residence
where the offender resides, expects to reside, or is regularly found; (b) for
offenders classified as risk level II, the agency may also disclose relevant,
necessary, and accurate information to public and private schools, child day care
centers, family day care providers, businesses and organizations that serve
primarily children, women, or vulnerable adults, and neighbors and community
groups near the residence where the offender resides, expects to reside, or is
regularly found; and (c) for offenders classified as risk level III, the agency
may also disclose relevant, necessary, and accurate information to the public
at large.
(4)
The county sheriff with whom an offender classified as risk level III is
registered shall cause to be published by legal notice, advertising, or news
release a sex offender community notification that conforms to the guidelines
established under RCW 4.24.5501 in at least one legal newspaper with general
circulation in the area of the sex offender's registered address or location.
The county sheriff shall also cause to be published consistent with this
subsection a current list of level III registered sex offenders, twice yearly.
This list shall be maintained by the county sheriff on a publicly accessible web
site and shall be updated at least once per month.
(5)
Local law enforcement agencies that disseminate information pursuant to this
section shall: (a) Review available risk level classifications made by the
department of corrections, the department of social and health services, and
the indeterminate sentence review board; (b) assign risk level classifications
to all offenders about whom information will be disseminated; and (c) make a
good faith effort to notify the public and residents at least fourteen days
before the offender is released from confinement or, where an offender moves
from another jurisdiction, as soon as possible after the agency learns of the
offender's move, except that in no case may this notification provision be
construed to require an extension of an offender's release date. The juvenile
court shall provide local law enforcement officials with all relevant
information on offenders allowed to remain in the community in a timely manner.
(((5)))
(6) An appointed or 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 risk level classification decisions or release of
relevant and necessary information, unless it is shown that the official,
employee, or agency acted with gross negligence or in bad faith. The immunity
in this section applies to risk level classification decisions and the release
of relevant and necessary information regarding any individual for whom
disclosure is authorized. The decision of a local law enforcement agency or
official to classify an offender to a risk level other than the one assigned by
the department of corrections, the department of social and health services, or
the indeterminate sentence review board, or the release of any relevant and
necessary information based on that different classification shall not, by
itself, be considered gross negligence or bad faith. The immunity provided
under this section applies to the release of relevant and necessary information
to other public officials, public employees, or public agencies, and to the
general public.
(((6)))
(7) Except as may otherwise be provided by law, nothing in this section
shall impose any liability upon a public official, public employee, or public
agency for failing to release information authorized under this section.
(((7)))
(8) Nothing in this section implies that information regarding persons
designated in subsection (1) of this section is confidential except as may
otherwise be provided by law.
(((8)))
(9) When a local law enforcement agency or official classifies an
offender differently than the offender is classified by the department of
corrections, the department of social and health services, or the indeterminate
sentence review board, the law enforcement agency or official shall notify the
appropriate department or the board and submit its reasons supporting the
change in classification.
