BILL REQ. #:  S-0617.1 

Read first time 01/17/2003.   Referred to Committee on Children & Family Services & Corrections.

     AN ACT Relating to monitoring of sex offenders; adding new sections to chapter 9.94A RCW; adding new sections to chapter 13.40 RCW; providing an effective date; 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 9.94A RCW to read as follows:
     (1) Every adult who has been convicted of any sex offense, and who is determined by the end of the sentence review committee process to be a level 2 or level 3 offender, shall wear an electronic home monitoring device at all times he or she is not in total confinement. If the person lacks a fixed residence, he or she shall report to the department of corrections every twenty-four hours. To the extent that electronic monitoring devices that employ global positioning system technology are available, such devices shall be utilized.
     (2) The offender shall pay the cost of electronic home monitoring or the use of alternate monitoring devices. The department of corrections shall determine the cost. If the offender is indigent, the department shall waive the cost.
     (3) An offender may petition the superior court to be relieved of the duty established under subsection (1) of this section. The court shall consider the nature of the offense, the criminal and relevant noncriminal behavior of the petitioner both before and after adjudication, and may consider other factors.
     (4) This section shall apply to all offenders released from total confinement after the effective date of this act.

NEW SECTION.  Sec. 2   A new section is added to chapter 9.94A RCW to read as follows:
     The secretary of the department of corrections shall notify all sex offenders currently under supervision in the community of the requirement to wear electronic monitoring devices commencing July 1, 2003.

NEW SECTION.  Sec. 3   A new section is added to chapter 13.40 RCW to read as follows:
     (1) Every juvenile who has been convicted of any sex offense, and who is determined by the end of the sentence review committee process to be a level 2 or level 3 offender, shall wear an electronic home monitoring device at all times he or she is not in total confinement. If the person lacks a fixed residence, he or she shall report to the department of corrections every twenty-four hours. To the extent that electronic monitoring devices that employ global positioning system technology are available, such devices shall be utilized.
     (2) The offender shall pay the cost of electronic home monitoring or the use of alternate monitoring devices. The department of corrections shall determine the cost. If the offender is indigent, the department shall waive the cost.
     (3) An offender may petition the superior court to be relieved of the duty established under subsection 1 of this section. The court shall consider the nature of the offense, the criminal and relevant noncriminal behavior of the petitioner both before and after adjudication, and may consider other factors.
     (4) This section shall apply to all offenders released from total confinement after the effective date of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 13.40 RCW to read as follows:
     The secretary of the department of social and health services shall notify all sex offenders currently under supervision in the community of the requirement to wear electronic monitoring devices commencing July 1, 2003.

NEW SECTION.  Sec. 5   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 July 1, 2003.