BILL REQ. #: S-4918.2
| State of Washington | 59th Legislature | 2006 Regular Session |
READ FIRST TIME 02/03/06.
AN ACT Relating to increasing penalties for the crimes of possession of depictions of a minor engaged in sexually explicit conduct; sexual exploitation; voyeurism; and communication with a minor for an immoral purpose; amending RCW 9A.44.130, 9.68A.070, 9.94A.030, and 9.94A.030; reenacting and amending RCW 9.68A.090, 9.94A.515, 9A.44.130, and 9.94A.670; prescribing penalties; providing effective dates; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.68A.090 and 2003 c 53 s 42 and 2003 c 26 s 1 are
each reenacted and amended to read as follows:
(1) Except as provided in subsection (2) of this section, a person
who communicates with a minor for immoral purposes, or a person who
communicates with someone the person believes to be a minor for immoral
purposes, is guilty of a gross misdemeanor.
(2) A person who communicates with a minor for immoral purposes is
guilty of a class C felony punishable according to chapter 9A.20 RCW if
the person has previously been convicted under this section or of a
felony sexual offense under chapter 9.68A, 9A.44, or 9A.64 RCW or of
any other felony sexual offense in this or any other state or if the
person communicates with a minor or with someone the person believes to
be a minor for immoral purposes through the sending of an electronic
communication.
Sec. 2 RCW 9.94A.515 and 2005 c 458 s 2 and 2005 c 183 s 9 are
each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| III | ||
| Escape 2 (RCW 9A.76.120) | ||
| II | ||
| I | ||
Sec. 3 RCW 9A.44.130 and 2003 c 215 s 1 and 2003 c 53 s 68 are
each reenacted and amended to read as follows:
(1) Any adult or juvenile residing whether or not the person has a
fixed residence, or who is a student, is employed, or carries on a
vocation in this state who has been found to have committed or has been
convicted of any sex offense or kidnapping offense or sexual
exploitation of a child under chapter 9.68A RCW, 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, or if the person is
not a resident of Washington, the county of the person's school, or
place of employment or vocation, or as otherwise specified in this
section. Where a person required to register under this section is 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 as a result of a sex offense
or kidnapping offense or sexual exploitation of a child under chapter
9.68A RCW, the person shall also register at the time of release from
custody with an official designated by the agency that has jurisdiction
over the person. In addition, any such adult or juvenile: (a) Who is
admitted to a public or private institution of higher education shall,
within ten days of enrolling or by the first business day after
arriving at the institution, whichever is earlier, notify the sheriff
for the county of the person's residence of the person's intent to
attend the institution; (b) who gains employment at a public or private
institution of higher education shall, within ten days of accepting
employment or by the first business day after commencing work at the
institution, whichever is earlier, notify the sheriff for the county of
the person's residence of the person's employment by the institution;
or (c) whose enrollment or employment at a public or private
institution of higher education is terminated shall, within ten days of
such termination, notify the sheriff for the county of the person's
residence of the person's termination of enrollment or employment at
the institution. Persons required to register under this section who
are enrolled in a public or private institution of higher education on
June 11, 1998, must notify the county sheriff immediately. The sheriff
shall notify the institution's department of public safety and shall
provide that department with the same information provided to a county
sheriff under subsection (3) of this section.
(2) This section may not be construed to confer any powers pursuant
to RCW ((4.24.500)) 4.24.550 upon the public safety department of any
public or private institution of higher education.
(3)(a) The person shall provide the following information when
registering: (i) Name; (ii) address; (iii) date and place of birth;
(iv) place of employment; (v) crime for which convicted; (vi) date and
place of conviction; (vii) aliases used; (viii) social security number;
(ix) photograph; and (x) fingerprints.
(b) Any person who lacks a fixed residence shall provide the
following information when registering: (i) Name; (ii) date and place
of birth; (iii) place of employment; (iv) crime for which convicted;
(v) date and place of conviction; (vi) aliases used; (vii) social
security number; (viii) photograph; (ix) fingerprints; and (x) where he
or she plans to stay.
(4)(a) Offenders shall register with the county sheriff 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) 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 July 27, 1997, 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 at the time of release from custody with an
official designated by the agency that has jurisdiction over the
offender. The agency shall within three days forward the registration
information to the county sheriff for the county of the offender's
anticipated residence. The offender must also register within twenty-four hours from the time of release with the county sheriff for the
county of the person's residence, or if the person is not a resident of
Washington, the county of the person's school, or place of employment
or vocation. The agency that has jurisdiction over the offender shall
provide notice to the offender of the duty to register. Failure to
register at the time of release and within twenty-four hours of release
constitutes a violation of this section and is punishable as provided
in subsection (10) of this section.
When the agency with jurisdiction intends to release an offender
with a duty to register under this section, and the agency has
knowledge that the offender is eligible for developmental disability
services from the department of social and health services, the agency
shall notify the division of developmental disabilities of the release.
Notice shall occur not more than thirty days before the offender is to
be released. The agency and the division shall assist the offender in
meeting the initial registration requirement under this section.
Failure to provide such assistance shall not constitute a defense for
any violation of this section.
(ii) 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 July 27, 1997, 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 July 27, 1997, must register within ten days of
July 27, 1997. A change in supervision status of a sex offender who
was required to register under this subsection (4)(a)(ii) as of July
28, 1991, or a kidnapping offender required to register as of July 27,
1997, 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) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on
or after July 23, 1995, and kidnapping offenders who, on or after July
27, 1997, 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 July 27,
1997, must register within twenty-four hours from the time of release
with the county sheriff for the county of the person's residence, or if
the person is not a resident of Washington, the county of the person's
school, or place of employment or vocation. 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 July 27, 1997, 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 July 27, 1997, must register within ten days of July 27, 1997.
A change in supervision status of a sex offender who was required to
register under this subsection (4)(a)(iii) as of July 23, 1995, or a
kidnapping offender required to register as of July 27, 1997 shall not
relieve the offender of the duty to register or to reregister following
a change in residence, or if the person is not a resident of
Washington, the county of the person's school, or place of employment
or vocation. The obligation to register shall only cease pursuant to
RCW 9A.44.140.
(iv) 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 July 27, 1997, for
a kidnapping offense that was committed on or after July 27, 1997, 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) 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 July 27, 1997. 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) 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 July 27, 1997, and who on or after July 27, 1997, 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 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 July 27,
1997, 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
before July 23, 1995, and kidnapping offenders who were released before
July 27, 1997. 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 (10) of this
section.
(vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks
a fixed residence and leaves the county in which he or she is
registered and enters and remains within a new county for twenty-four
hours is required to register with the county sheriff not more than
twenty-four hours after entering the county and provide the information
required in subsection (3)(b) of this section.
(viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER
SUPERVISION. Offenders who lack a fixed residence and who are under
the supervision of the department shall register in the county of their
supervision.
(ix) OFFENDERS WHO MOVE TO, WORK, CARRY ON A VOCATION, OR ATTEND
SCHOOL IN ANOTHER STATE. Offenders required to register in Washington,
who move to another state, or who work, carry on a vocation, or attend
school in another state shall register a new address, fingerprints, and
photograph with the new state within ten days after establishing
residence, or after beginning to work, carry on a vocation, or attend
school in the new state. The person must also send written notice
within ten days of moving to the new state or to a foreign country to
the county sheriff with whom the person last registered in Washington
state. The county sheriff shall promptly forward this information to
the Washington state patrol.
(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 (10) 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 (4)(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.
(5)(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
within seventy-two hours of 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. The county sheriff with whom the person last
registered shall promptly forward the information concerning the change
of address to the county sheriff for the county of the person's new
residence. Upon receipt of notice of change of address to a new state,
the county sheriff shall promptly forward the information regarding the
change of address to the agency designated by the new state as the
state's offender registration agency.
(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.
(6)(a) Any person required to register under this section who lacks
a fixed residence shall provide written notice to the sheriff of the
county where he or she last registered within forty-eight hours
excluding weekends and holidays after ceasing to have a fixed
residence. The notice shall include the information required by
subsection (3)(b) of this section, except the photograph and
fingerprints. The county sheriff may, for reasonable cause, require
the offender to provide a photograph and fingerprints. The sheriff
shall forward this information to the sheriff of the county in which
the person intends to reside, if the person intends to reside in
another county.
(b) A person who lacks a fixed residence must report weekly, in
person, to the sheriff of the county where he or she is registered.
The weekly report shall be on a day specified by the county sheriff's
office, and shall occur during normal business hours. The county
sheriff's office may require the person to list the locations where the
person has stayed during the last seven days. The lack of a fixed
residence is a factor that may be considered in determining an
offender's risk level and shall make the offender subject to disclosure
of information to the public at large pursuant to RCW 4.24.550.
(c) If any person required to register pursuant to this section
does not have a fixed residence, it is an affirmative defense to the
charge of failure to register, that he or she provided written notice
to the sheriff of the county where he or she last registered within
forty-eight hours excluding weekends and holidays after ceasing to have
a fixed residence and has subsequently complied with the requirements
of subsections (4)(a)(vii) or (viii) and (6) of this section. To
prevail, the person must prove the defense by a preponderance of the
evidence.
(7) A sex offender subject to registration requirements under this
section who applies to change his or her name under RCW 4.24.130 or any
other law shall submit a copy of the application to the county sheriff
of the county of the person's residence and to the state patrol not
fewer than five days before the entry of an order granting the name
change. No sex offender under the requirement to register under this
section at the time of application shall be granted an order changing
his or her name if the court finds that doing so will interfere with
legitimate law enforcement interests, except that no order shall be
denied when the name change is requested for religious or legitimate
cultural reasons or in recognition of marriage or dissolution of
marriage. A sex offender under the requirement to register under this
section who receives an order changing his or her name shall submit a
copy of the order to the county sheriff of the county of the person's
residence and to the state patrol within five days of the entry of the
order.
(8) The county sheriff shall obtain a photograph of the individual
and shall obtain a copy of the individual's fingerprints.
(9) 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:
(i) Any offense defined as a sex offense by RCW 9.94A.030;
(ii) Any violation under RCW 9A.44.096 (sexual misconduct with a
minor in the second degree);
(iii) Any violation under RCW 9.68A.090 (communication with a minor
for immoral purposes);
(iv) Any federal or out-of-state conviction for an offense that
under the laws of this state would be classified as a sex offense under
this subsection; and
(v) 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 or this subsection.
(b) "Kidnapping offense" means: (i) 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; (ii) any offense that
is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation,
or criminal conspiracy to commit an offense that is classified as a
kidnapping offense under this subsection (9)(b); and (iii) any federal
or out-of-state conviction for an offense that under the laws of this
state would be classified as a kidnapping offense under this subsection
(9)(b).
(c) "Employed" or "carries on a vocation" means employment that is
full-time or part-time for a period of time exceeding fourteen days, or
for an aggregate period of time exceeding thirty days during any
calendar year. A person is employed or carries on a vocation whether
the person's employment is financially compensated, volunteered, or for
the purpose of government or educational benefit.
(d) "Student" means a person who is enrolled, on a full-time or
part-time basis, in any public or private educational institution. An
educational institution includes any secondary school, trade or
professional institution, or institution of higher education.
(10)(a) A person who knowingly fails to register with the county
sheriff or notify the county sheriff, or who changes his or her name
without notifying the county sheriff and the state patrol, as required
by this section is guilty of a class C felony if the crime for which
the individual was convicted was a felony sex offense as defined in
subsection (9)(a) of this section or a federal or out-of-state
conviction for an offense that under the laws of this state would be a
felony sex offense as defined in subsection (9)(a) of this section.
(b) If the crime for which the individual was convicted was other
than a felony or a federal or out-of-state conviction for an offense
that under the laws of this state would be other than a felony,
violation of this section is a gross misdemeanor.
(11)(a) A person who knowingly fails to register or who moves
within the state 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 felony kidnapping offense as defined in
subsection (9)(b) of this section or a federal or out-of-state
conviction for an offense that under the laws of this state would be a
felony kidnapping offense as defined in subsection (9)(b) of this
section.
(b) If the crime for which the individual was convicted was other
than a felony or a federal or out-of-state conviction for an offense
that under the laws of this state would be other than a felony,
violation of this section is a gross misdemeanor.
Sec. 4 RCW 9A.44.130 and 2005 c 380 s 1 are each amended to read
as follows:
(1)(a) Any adult or juvenile residing whether or not the person has
a fixed residence, or who is a student, is employed, or carries on a
vocation in this state who has been found to have committed or has been
convicted of any sex offense or kidnapping offense or sexual
exploitation of a child under chapter 9.68A RCW, 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, or if the person is
not a resident of Washington, the county of the person's school, or
place of employment or vocation, or as otherwise specified in this
section. Where a person required to register under this section is 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 as a result of a sex offense
or kidnapping offense or sexual exploitation of a child under chapter
9.68A RCW, the person shall also register at the time of release from
custody with an official designated by the agency that has jurisdiction
over the person.
(b) Any adult or juvenile who is required to register under (a) of
this subsection:
(i) Who is attending, or planning to attend, a public or private
school regulated under Title 28A RCW or chapter 72.40 RCW shall, within
ten days of enrolling or prior to arriving at the school to attend
classes, whichever is earlier, notify the sheriff for the county of the
person's residence of the person's intent to attend the school, and the
sheriff shall promptly notify the principal of the school;
(ii) Who is admitted to a public or private institution of higher
education shall, within ten days of enrolling or by the first business
day after arriving at the institution, whichever is earlier, notify the
sheriff for the county of the person's residence of the person's intent
to attend the institution;
(iii) Who gains employment at a public or private institution of
higher education shall, within ten days of accepting employment or by
the first business day after commencing work at the institution,
whichever is earlier, notify the sheriff for the county of the person's
residence of the person's employment by the institution; or
(iv) Whose enrollment or employment at a public or private
institution of higher education is terminated shall, within ten days of
such termination, notify the sheriff for the county of the person's
residence of the person's termination of enrollment or employment at
the institution.
(c) Persons required to register under this section who are
enrolled in a public or private institution of higher education on June
11, 1998, or a public or private school regulated under Title 28A RCW
or chapter 72.40 RCW on September 1, 2006, must notify the county
sheriff immediately.
(d) The sheriff shall notify the school's principal or
institution's department of public safety and shall provide that
department with the same information provided to a county sheriff under
subsection (3) of this section.
(e)(i) A principal receiving notice under this subsection must
disclose the information received from the sheriff under (b) of this
subsection as follows:
(A) If the student who is required to register as a sex offender is
classified as a risk level II or III, the principal shall provide the
information received to every teacher of any student required to
register under (a) of this subsection and to any other personnel who,
in the judgment of the principal, supervises the student or for
security purposes should be aware of the student's record;
(B) If the student who is required to register as a sex offender is
classified as a risk level I, the principal shall provide the
information received only to personnel who, in the judgment of the
principal, for security purposes should be aware of the student's
record.
(ii) Any information received by a principal or school personnel
under this subsection is confidential and may not be further
disseminated except as provided in RCW 28A.225.330, other statutes or
case law, and the family and educational and privacy rights act of
1994, 20 U.S.C. Sec. 1232g et seq.
(2) This section may not be construed to confer any powers pursuant
to RCW ((4.24.500)) 4.24.550 upon the public safety department of any
public or private school or institution of higher education.
(3)(a) The person shall provide the following information when
registering: (i) Name; (ii) address; (iii) date and place of birth;
(iv) place of employment; (v) crime for which convicted; (vi) date and
place of conviction; (vii) aliases used; (viii) social security number;
(ix) photograph; and (x) fingerprints.
(b) Any person who lacks a fixed residence shall provide the
following information when registering: (i) Name; (ii) date and place
of birth; (iii) place of employment; (iv) crime for which convicted;
(v) date and place of conviction; (vi) aliases used; (vii) social
security number; (viii) photograph; (ix) fingerprints; and (x) where he
or she plans to stay.
(4)(a) Offenders shall register with the county sheriff 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) 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 July 27, 1997, 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 at the time of release from custody with an
official designated by the agency that has jurisdiction over the
offender. The agency shall within three days forward the registration
information to the county sheriff for the county of the offender's
anticipated residence. The offender must also register within twenty-four hours from the time of release with the county sheriff for the
county of the person's residence, or if the person is not a resident of
Washington, the county of the person's school, or place of employment
or vocation. The agency that has jurisdiction over the offender shall
provide notice to the offender of the duty to register. Failure to
register at the time of release and within twenty-four hours of release
constitutes a violation of this section and is punishable as provided
in subsection (10) of this section.
When the agency with jurisdiction intends to release an offender
with a duty to register under this section, and the agency has
knowledge that the offender is eligible for developmental disability
services from the department of social and health services, the agency
shall notify the division of developmental disabilities of the release.
Notice shall occur not more than thirty days before the offender is to
be released. The agency and the division shall assist the offender in
meeting the initial registration requirement under this section.
Failure to provide such assistance shall not constitute a defense for
any violation of this section.
(ii) 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 corrections' 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 July 27, 1997, are not in custody but are under the jurisdiction of
the indeterminate sentence review board or under the department of
corrections' 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 July 27, 1997, must register within ten days of
July 27, 1997. A change in supervision status of a sex offender who
was required to register under this subsection (4)(a)(ii) as of July
28, 1991, or a kidnapping offender required to register as of July 27,
1997, 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) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on
or after July 23, 1995, and kidnapping offenders who, on or after July
27, 1997, 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 July 27,
1997, must register within twenty-four hours from the time of release
with the county sheriff for the county of the person's residence, or if
the person is not a resident of Washington, the county of the person's
school, or place of employment or vocation. 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 July 27, 1997, 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 July 27, 1997, must register within ten days of July 27, 1997.
A change in supervision status of a sex offender who was required to
register under this subsection (4)(a)(iii) as of July 23, 1995, or a
kidnapping offender required to register as of July 27, 1997 shall not
relieve the offender of the duty to register or to reregister following
a change in residence, or if the person is not a resident of
Washington, the county of the person's school, or place of employment
or vocation. The obligation to register shall only cease pursuant to
RCW 9A.44.140.
(iv) 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 July 27, 1997, for
a kidnapping offense that was committed on or after July 27, 1997, 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) 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 July 27, 1997. 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) 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 July 27, 1997, and who on or after July 27, 1997, 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 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 July 27,
1997, 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
before July 23, 1995, and kidnapping offenders who were released before
July 27, 1997. 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 (10) of this
section.
(vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks
a fixed residence and leaves the county in which he or she is
registered and enters and remains within a new county for twenty-four
hours is required to register with the county sheriff not more than
twenty-four hours after entering the county and provide the information
required in subsection (3)(b) of this section.
(viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER
SUPERVISION. Offenders who lack a fixed residence and who are under
the supervision of the department shall register in the county of their
supervision.
(ix) OFFENDERS WHO MOVE TO, WORK, CARRY ON A VOCATION, OR ATTEND
SCHOOL IN ANOTHER STATE. Offenders required to register in Washington,
who move to another state, or who work, carry on a vocation, or attend
school in another state shall register a new address, fingerprints, and
photograph with the new state within ten days after establishing
residence, or after beginning to work, carry on a vocation, or attend
school in the new state. The person must also send written notice
within ten days of moving to the new state or to a foreign country to
the county sheriff with whom the person last registered in Washington
state. The county sheriff shall promptly forward this information to
the Washington state patrol.
(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 (10) 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 (4)(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.
(5)(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
within seventy-two hours of 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. The county sheriff with whom the person last
registered shall promptly forward the information concerning the change
of address to the county sheriff for the county of the person's new
residence. Upon receipt of notice of change of address to a new state,
the county sheriff shall promptly forward the information regarding the
change of address to the agency designated by the new state as the
state's offender registration agency.
(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.
(6)(a) Any person required to register under this section who lacks
a fixed residence shall provide written notice to the sheriff of the
county where he or she last registered within forty-eight hours
excluding weekends and holidays after ceasing to have a fixed
residence. The notice shall include the information required by
subsection (3)(b) of this section, except the photograph and
fingerprints. The county sheriff may, for reasonable cause, require
the offender to provide a photograph and fingerprints. The sheriff
shall forward this information to the sheriff of the county in which
the person intends to reside, if the person intends to reside in
another county.
(b) A person who lacks a fixed residence must report weekly, in
person, to the sheriff of the county where he or she is registered.
The weekly report shall be on a day specified by the county sheriff's
office, and shall occur during normal business hours. The county
sheriff's office may require the person to list the locations where the
person has stayed during the last seven days. The lack of a fixed
residence is a factor that may be considered in determining an
offender's risk level and shall make the offender subject to disclosure
of information to the public at large pursuant to RCW 4.24.550.
(c) If any person required to register pursuant to this section
does not have a fixed residence, it is an affirmative defense to the
charge of failure to register, that he or she provided written notice
to the sheriff of the county where he or she last registered within
forty-eight hours excluding weekends and holidays after ceasing to have
a fixed residence and has subsequently complied with the requirements
of subsections (4)(a)(vii) or (viii) and (6) of this section. To
prevail, the person must prove the defense by a preponderance of the
evidence.
(7) A sex offender subject to registration requirements under this
section who applies to change his or her name under RCW 4.24.130 or any
other law shall submit a copy of the application to the county sheriff
of the county of the person's residence and to the state patrol not
fewer than five days before the entry of an order granting the name
change. No sex offender under the requirement to register under this
section at the time of application shall be granted an order changing
his or her name if the court finds that doing so will interfere with
legitimate law enforcement interests, except that no order shall be
denied when the name change is requested for religious or legitimate
cultural reasons or in recognition of marriage or dissolution of
marriage. A sex offender under the requirement to register under this
section who receives an order changing his or her name shall submit a
copy of the order to the county sheriff of the county of the person's
residence and to the state patrol within five days of the entry of the
order.
(8) The county sheriff shall obtain a photograph of the individual
and shall obtain a copy of the individual's fingerprints.
(9) 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:
(i) Any offense defined as a sex offense by RCW 9.94A.030;
(ii) Any violation under RCW 9A.44.096 (sexual misconduct with a
minor in the second degree);
(iii) Any violation under RCW 9.68A.090 (communication with a minor
for immoral purposes);
(iv) Any federal or out-of-state conviction for an offense that
under the laws of this state would be classified as a sex offense under
this subsection; and
(v) 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 or this subsection.
(b) "Kidnapping offense" means: (i) 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; (ii) any offense that
is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation,
or criminal conspiracy to commit an offense that is classified as a
kidnapping offense under this subsection (9)(b); and (iii) any federal
or out-of-state conviction for an offense that under the laws of this
state would be classified as a kidnapping offense under this subsection
(9)(b).
(c) "Employed" or "carries on a vocation" means employment that is
full-time or part-time for a period of time exceeding fourteen days, or
for an aggregate period of time exceeding thirty days during any
calendar year. A person is employed or carries on a vocation whether
the person's employment is financially compensated, volunteered, or for
the purpose of government or educational benefit.
(d) "Student" means a person who is enrolled, on a full-time or
part-time basis, in any public or private educational institution. An
educational institution includes any secondary school, trade or
professional institution, or institution of higher education.
(10)(a) A person who knowingly fails to register with the county
sheriff or notify the county sheriff, or who changes his or her name
without notifying the county sheriff and the state patrol, as required
by this section is guilty of a class C felony if the crime for which
the individual was convicted was a felony sex offense as defined in
subsection (9)(a) of this section or a federal or out-of-state
conviction for an offense that under the laws of this state would be a
felony sex offense as defined in subsection (9)(a) of this section.
(b) If the crime for which the individual was convicted was other
than a felony or a federal or out-of-state conviction for an offense
that under the laws of this state would be other than a felony,
violation of this section is a gross misdemeanor.
(11)(a) A person who knowingly fails to register or who moves
within the state 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 felony kidnapping offense as defined in
subsection (9)(b) of this section or a federal or out-of-state
conviction for an offense that under the laws of this state would be a
felony kidnapping offense as defined in subsection (9)(b) of this
section.
(b) If the crime for which the individual was convicted was other
than a felony or a federal or out-of-state conviction for an offense
that under the laws of this state would be other than a felony,
violation of this section is a gross misdemeanor.
(12) Except as may otherwise be provided by law, nothing in this
section shall impose any liability upon a peace officer, including a
county sheriff, or law enforcement agency, for failing to release
information authorized under this section.
Sec. 5 RCW 9.68A.070 and 1990 c 155 s 1 are each amended to read
as follows:
A person who knowingly possesses visual or printed matter depicting
a minor engaged in sexually explicit conduct is guilty of a class ((C))
B felony.
Sec. 6 RCW 9.94A.670 and 2004 c 176 s 4 and 2004 c 38 s 9 are
each reenacted and amended to read as follows:
(1) Unless the context clearly requires otherwise, the definitions
in this subsection apply to this section only.
(a) "Sex offender treatment provider" or "treatment provider" means
a certified sex offender treatment provider or a certified affiliate
sex offender treatment provider as defined in RCW 18.155.020.
(b) "Substantial bodily harm" means bodily injury that involves a
temporary but substantial disfigurement, or that causes a temporary but
substantial loss or impairment of the function of any body part or
organ, or that causes a fracture of any body part or organ.
(c) "Victim" means any person who has sustained emotional,
psychological, physical, or financial injury to person or property as
a result of the crime charged. "Victim" also means a parent or
guardian of a victim who is a minor child unless the parent or guardian
is the perpetrator of the offense.
(2) An offender is eligible for the special sex offender sentencing
alternative if:
(a) The offender has been convicted of a sex offense other than a
violation of RCW 9A.44.050 or a sex offense that is also a serious
violent offense. For the purposes of this subsection (2)(a), "sex
offense" includes a conviction for a violation of RCW 9.68A.070;
(b) The offender has no prior convictions for a sex offense as
defined in RCW 9.94A.030 or any other felony sex offenses in this or
any other state;
(c) The offender has no prior adult convictions for a violent
offense that was committed within five years of the date the current
offense was committed;
(d) The offense did not result in substantial bodily harm to the
victim;
(e) The offender had an established relationship with, or
connection to, the victim such that the sole connection with the victim
was not the commission of the crime; and
(f) The offender's standard sentence range for the offense includes
the possibility of confinement for less than eleven years.
(3) If the court finds the offender is eligible for this
alternative, the court, on its own motion or the motion of the state or
the offender, may order an examination to determine whether the
offender is amenable to treatment.
(a) The report of the examination shall include at a minimum the
following:
(i) The offender's version of the facts and the official version of
the facts;
(ii) The offender's offense history;
(iii) An assessment of problems in addition to alleged deviant
behaviors;
(iv) The offender's social and employment situation; and
(v) Other evaluation measures used.
The report shall set forth the sources of the examiner's
information.
(b) The examiner shall assess and report regarding the offender's
amenability to treatment and relative risk to the community. A
proposed treatment plan shall be provided and shall include, at a
minimum:
(i) Frequency and type of contact between offender and therapist;
(ii) Specific issues to be addressed in the treatment and
description of planned treatment modalities;
(iii) Monitoring plans, including any requirements regarding living
conditions, lifestyle requirements, and monitoring by family members
and others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions and affirmative
conditions, which must include, to the extent known, an identification
of specific activities or behaviors that are precursors to the
offender's offense cycle, including, but not limited to, activities or
behaviors such as viewing or listening to pornography or use of alcohol
or controlled substances.
(c) The court on its own motion may order, or on a motion by the
state shall order, a second examination regarding the offender's
amenability to treatment. The examiner shall be selected by the party
making the motion. The offender shall pay the cost of any second
examination ordered unless the court finds the defendant to be indigent
in which case the state shall pay the cost.
(4) After receipt of the reports, the court shall consider whether
the offender and the community will benefit from use of this
alternative, consider whether the alternative is too lenient in light
of the extent and circumstances of the offense, consider whether the
offender has victims in addition to the victim of the offense, consider
whether the offender is amenable to treatment, consider the risk the
offender would present to the community, to the victim, or to persons
of similar age and circumstances as the victim, and consider the
victim's opinion whether the offender should receive a treatment
disposition under this section. The court shall give great weight to
the victim's opinion whether the offender should receive a treatment
disposition under this section. If the sentence imposed is contrary to
the victim's opinion, the court shall enter written findings stating
its reasons for imposing the treatment disposition. The fact that the
offender admits to his or her offense does not, by itself, constitute
amenability to treatment. If the court determines that this
alternative is appropriate, the court shall then impose a sentence or,
pursuant to RCW 9.94A.712, a minimum term of sentence, within the
standard sentence range. If the sentence imposed is less than eleven
years of confinement, the court may suspend the execution of the
sentence and impose the following conditions of suspension:
(a) The court shall order the offender to serve a term of
confinement of up to twelve months or the maximum term within the
standard range, whichever is less. The court may order the offender to
serve a term of confinement greater than twelve months or the maximum
term within the standard range based on the presence of an aggravating
circumstance listed in RCW 9.94A.535(((2))) (3). In no case shall the
term of confinement exceed the statutory maximum sentence for the
offense. The court may order the offender to serve all or part of his
or her term of confinement in partial confinement. An offender
sentenced to a term of confinement under this subsection is not
eligible for earned release under RCW 9.92.151 or 9.94A.728.
(b) The court shall place the offender on community custody for the
length of the suspended sentence, the length of the maximum term
imposed pursuant to RCW 9.94A.712, or three years, whichever is
greater, and require the offender to comply with any conditions imposed
by the department under RCW 9.94A.720.
(c) The court shall order treatment for any period up to five years
in duration. The court, in its discretion, shall order outpatient sex
offender treatment or inpatient sex offender treatment, if available.
A community mental health center may not be used for such treatment
unless it has an appropriate program designed for sex offender
treatment. The offender shall not change sex offender treatment
providers or treatment conditions without first notifying the
prosecutor, the community corrections officer, and the court. If any
party or the court objects to a proposed change, the offender shall not
change providers or conditions without court approval after a hearing.
(d) As conditions of the suspended sentence, the court shall impose
specific prohibitions and affirmative conditions relating to the known
precursor activities or behaviors identified in the proposed treatment
plan under subsection (3)(b)(v) of this section or identified in an
annual review under subsection (7)(b) of this section.
(5) As conditions of the suspended sentence, the court may impose
one or more of the following:
(a) Crime-related prohibitions;
(b) Require the offender to devote time to a specific employment or
occupation;
(c) Require the offender to remain within prescribed geographical
boundaries and notify the court or the community corrections officer
prior to any change in the offender's address or employment;
(d) Require the offender to report as directed to the court and a
community corrections officer;
(e) Require the offender to pay all court-ordered legal financial
obligations as provided in RCW 9.94A.030;
(f) Require the offender to perform community restitution work; or
(g) Require the offender to reimburse the victim for the cost of
any counseling required as a result of the offender's crime.
(6) At the time of sentencing, the court shall set a treatment
termination hearing for three months prior to the anticipated date for
completion of treatment.
(7)(a) The sex offender treatment provider shall submit quarterly
reports on the offender's progress in treatment to the court and the
parties. The report shall reference the treatment plan and include at
a minimum the following: Dates of attendance, offender's compliance
with requirements, treatment activities, the offender's relative
progress in treatment, and any other material specified by the court at
sentencing.
(b) The court shall conduct a hearing on the offender's progress in
treatment at least once a year. At least fourteen days prior to the
hearing, notice of the hearing shall be given to the victim. The
victim shall be given the opportunity to make statements to the court
regarding the offender's supervision and treatment. At the hearing,
the court may modify conditions of community custody including, but not
limited to, crime-related prohibitions and affirmative conditions
relating to activities and behaviors identified as part of, or relating
to precursor activities and behaviors in, the offender's offense cycle
or revoke the suspended sentence.
(8) At least fourteen days prior to the treatment termination
hearing, notice of the hearing shall be given to the victim. The
victim shall be given the opportunity to make statements to the court
regarding the offender's supervision and treatment. Prior to the
treatment termination hearing, the treatment provider and community
corrections officer shall submit written reports to the court and
parties regarding the offender's compliance with treatment and
monitoring requirements, and recommendations regarding termination from
treatment, including proposed community custody conditions. The court
may order an evaluation regarding the advisability of termination from
treatment by a sex offender treatment provider who may not be the same
person who treated the offender under subsection (4) of this section or
any person who employs, is employed by, or shares profits with the
person who treated the offender under subsection (4) of this section
unless the court has entered written findings that such evaluation is
in the best interest of the victim and that a successful evaluation of
the offender would otherwise be impractical. The offender shall pay
the cost of the evaluation. At the treatment termination hearing the
court may: (a) Modify conditions of community custody, and either (b)
terminate treatment, or (c) extend treatment in two-year increments for
up to the remaining period of community custody.
(9)(a) If a violation of conditions other than a second violation
of the prohibitions or affirmative conditions relating to precursor
behaviors or activities imposed under subsection (4)(d) or (7)(b) of
this section occurs during community custody, the department shall
either impose sanctions as provided for in RCW 9.94A.737(2)(a) or refer
the violation to the court and recommend revocation of the suspended
sentence as provided for in subsections (6) and (8) of this section.
(b) If a second violation of the prohibitions or affirmative
conditions relating to precursor behaviors or activities imposed under
subsection (4)(d) or (7)(b) of this section occurs during community
custody, the department shall refer the violation to the court and
recommend revocation of the suspended sentence as provided in
subsection (10) of this section.
(10) The court may revoke the suspended sentence at any time during
the period of community custody and order execution of the sentence if:
(a) The offender violates the conditions of the suspended sentence, or
(b) the court finds that the offender is failing to make satisfactory
progress in treatment. All confinement time served during the period
of community custody shall be credited to the offender if the suspended
sentence is revoked.
(11) The offender's sex offender treatment provider may not be the
same person who examined the offender under subsection (3) of this
section or any person who employs, is employed by, or shares profits
with the person who examined the offender under subsection (3) of this
section, unless the court has entered written findings that such
treatment is in the best interests of the victim and that successful
treatment of the offender would otherwise be impractical. Examinations
and treatment ordered pursuant to this subsection shall only be
conducted by certified sex offender treatment providers or certified
affiliate sex offender treatment providers under chapter 18.155 RCW
unless the court finds that:
(a) The offender has already moved to another state or plans to
move to another state for reasons other than circumventing the
certification requirements; or
(b)(i) No certified sex offender treatment providers or certified
affiliate sex offender treatment providers are available for treatment
within a reasonable geographical distance of the offender's home; and
(ii) The evaluation and treatment plan comply with this section and
the rules adopted by the department of health.
(12) If the offender is less than eighteen years of age when the
charge is filed, the state shall pay for the cost of initial evaluation
and treatment.
Sec. 7 RCW 9.94A.030 and 2005 c 436 s 1 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Board" means the indeterminate sentence review board created
under chapter 9.95 RCW.
(2) "Collect," or any derivative thereof, "collect and remit," or
"collect and deliver," when used with reference to the department,
means that the department, either directly or through a collection
agreement authorized by RCW 9.94A.760, is responsible for monitoring
and enforcing the offender's sentence with regard to the legal
financial obligation, receiving payment thereof from the offender, and,
consistent with current law, delivering daily the entire payment to the
superior court clerk without depositing it in a departmental account.
(3) "Commission" means the sentencing guidelines commission.
(4) "Community corrections officer" means an employee of the
department who is responsible for carrying out specific duties in
supervision of sentenced offenders and monitoring of sentence
conditions.
(5) "Community custody" means that portion of an offender's
sentence of confinement in lieu of earned release time or imposed
pursuant to RCW 9.94A.505(2)(b), 9.94A.650 through 9.94A.670,
9.94A.690, 9.94A.700 through 9.94A.715, or 9.94A.545, served in the
community subject to controls placed on the offender's movement and
activities by the department. For offenders placed on community
custody for crimes committed on or after July 1, 2000, the department
shall assess the offender's risk of reoffense and may establish and
modify conditions of community custody, in addition to those imposed by
the court, based upon the risk to community safety.
(6) "Community custody range" means the minimum and maximum period
of community custody included as part of a sentence under RCW
9.94A.715, as established by the commission or the legislature under
RCW 9.94A.850, for crimes committed on or after July 1, 2000.
(7) "Community placement" means that period during which the
offender is subject to the conditions of community custody and/or
postrelease supervision, which begins either upon completion of the
term of confinement (postrelease supervision) or at such time as the
offender is transferred to community custody in lieu of earned release.
Community placement may consist of entirely community custody, entirely
postrelease supervision, or a combination of the two.
(8) "Community protection zone" means the area within eight hundred
eighty feet of the facilities and grounds of a public or private
school.
(9) "Community restitution" means compulsory service, without
compensation, performed for the benefit of the community by the
offender.
(10) "Community supervision" means a period of time during which a
convicted offender is subject to crime-related prohibitions and other
sentence conditions imposed by a court pursuant to this chapter or RCW
16.52.200(6) or 46.61.524. Where the court finds that any offender has
a chemical dependency that has contributed to his or her offense, the
conditions of supervision may, subject to available resources, include
treatment. For purposes of the interstate compact for out-of-state
supervision of parolees and probationers, RCW 9.95.270, community
supervision is the functional equivalent of probation and should be
considered the same as probation by other states.
(11) "Confinement" means total or partial confinement.
(12) "Conviction" means an adjudication of guilt pursuant to Titles
10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and
acceptance of a plea of guilty.
(13) "Crime-related prohibition" means an order of a court
prohibiting conduct that directly relates to the circumstances of the
crime for which the offender has been convicted, and shall not be
construed to mean orders directing an offender affirmatively to
participate in rehabilitative programs or to otherwise perform
affirmative conduct. However, affirmative acts necessary to monitor
compliance with the order of a court may be required by the department.
(14) "Criminal history" means the list of a defendant's prior
convictions and juvenile adjudications, whether in this state, in
federal court, or elsewhere.
(a) The history shall include, where known, for each conviction (i)
whether the defendant has been placed on probation and the length and
terms thereof; and (ii) whether the defendant has been incarcerated and
the length of incarceration.
(b) A conviction may be removed from a defendant's criminal history
only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 9.95.240, or
a similar out-of-state statute, or if the conviction has been vacated
pursuant to a governor's pardon.
(c) The determination of a defendant's criminal history is distinct
from the determination of an offender score. A prior conviction that
was not included in an offender score calculated pursuant to a former
version of the sentencing reform act remains part of the defendant's
criminal history.
(15) "Day fine" means a fine imposed by the sentencing court that
equals the difference between the offender's net daily income and the
reasonable obligations that the offender has for the support of the
offender and any dependents.
(16) "Day reporting" means a program of enhanced supervision
designed to monitor the offender's daily activities and compliance with
sentence conditions, and in which the offender is required to report
daily to a specific location designated by the department or the
sentencing court.
(17) "Department" means the department of corrections.
(18) "Determinate sentence" means a sentence that states with
exactitude the number of actual years, months, or days of total
confinement, of partial confinement, of community supervision, the
number of actual hours or days of community restitution work, or
dollars or terms of a legal financial obligation. The fact that an
offender through earned release can reduce the actual period of
confinement shall not affect the classification of the sentence as a
determinate sentence.
(19) "Disposable earnings" means that part of the earnings of an
offender remaining after the deduction from those earnings of any
amount required by law to be withheld. For the purposes of this
definition, "earnings" means compensation paid or payable for personal
services, whether denominated as wages, salary, commission, bonuses, or
otherwise, and, notwithstanding any other provision of law making the
payments exempt from garnishment, attachment, or other process to
satisfy a court-ordered legal financial obligation, specifically
includes periodic payments pursuant to pension or retirement programs,
or insurance policies of any type, but does not include payments made
under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050,
or Title 74 RCW.
(20) "Drug offender sentencing alternative" is a sentencing option
available to persons convicted of a felony offense other than a violent
offense or a sex offense and who are eligible for the option under RCW
9.94A.660.
(21) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of
a controlled substance (RCW 69.50.4013) or forged prescription for a
controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates
to the possession, manufacture, distribution, or transportation of a
controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws
of this state would be a felony classified as a drug offense under (a)
of this subsection.
(22) "Earned release" means earned release from confinement as
provided in RCW 9.94A.728.
(23) "Escape" means:
(a) Sexually violent predator escape (RCW 9A.76.115), escape in the
first degree (RCW 9A.76.110), escape in the second degree (RCW
9A.76.120), willful failure to return from furlough (RCW 72.66.060),
willful failure to return from work release (RCW 72.65.070), or willful
failure to be available for supervision by the department while in
community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as an escape
under (a) of this subsection.
(24) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW
46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as a felony
traffic offense under (a) of this subsection.
(25) "Fine" means a specific sum of money ordered by the sentencing
court to be paid by the offender to the court over a specific period of
time.
(26) "First-time offender" means any person who has no prior
convictions for a felony and is eligible for the first-time offender
waiver under RCW 9.94A.650.
(27) "Home detention" means a program of partial confinement
available to offenders wherein the offender is confined in a private
residence subject to electronic surveillance.
(28) "Legal financial obligation" means a sum of money that is
ordered by a superior court of the state of Washington for legal
financial obligations which may include restitution to the victim,
statutorily imposed crime victims' compensation fees as assessed
pursuant to RCW 7.68.035, court costs, county or interlocal drug funds,
court-appointed attorneys' fees, and costs of defense, fines, and any
other financial obligation that is assessed to the offender as a result
of a felony conviction. Upon conviction for vehicular assault while
under the influence of intoxicating liquor or any drug, RCW
46.61.522(1)(b), or vehicular homicide while under the influence of
intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial
obligations may also include payment to a public agency of the expense
of an emergency response to the incident resulting in the conviction,
subject to RCW 38.52.430.
(29) "Most serious offense" means any of the following felonies or
a felony attempt to commit any of the following felonies:
(a) Any felony defined under any law as a class A felony or
criminal solicitation of or criminal conspiracy to commit a class A
felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault, when caused by the operation or driving of
a vehicle by a person while under the influence of intoxicating liquor
or any drug or by the operation or driving of a vehicle in a reckless
manner;
(r) Vehicular homicide, when proximately caused by the driving of
any vehicle by any person while under the influence of intoxicating
liquor or any drug as defined by RCW 46.61.502, or by the operation of
any vehicle in a reckless manner;
(s) Any other class B felony offense with a finding of sexual
motivation;
(t) Any other felony with a deadly weapon verdict under RCW
9.94A.602;
(u) Any felony offense in effect at any time prior to December 2,
1993, that is comparable to a most serious offense under this
subsection, or any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified as a
most serious offense under this subsection;
(v)(i) A prior conviction for indecent liberties under RCW
9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess.
as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as
it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1)
(a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent liberties under RCW
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988,
if: (A) The crime was committed against a child under the age of
fourteen; or (B) the relationship between the victim and perpetrator is
included in the definition of indecent liberties under RCW
9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997,
or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993,
through July 27, 1997.
(30) "Nonviolent offense" means an offense which is not a violent
offense.
(31) "Offender" means a person who has committed a felony
established by state law and is eighteen years of age or older or is
less than eighteen years of age but whose case is under superior court
jurisdiction under RCW 13.04.030 or has been transferred by the
appropriate juvenile court to a criminal court pursuant to RCW
13.40.110. Throughout this chapter, the terms "offender" and
"defendant" are used interchangeably.
(32) "Partial confinement" means confinement for no more than one
year in a facility or institution operated or utilized under contract
by the state or any other unit of government, or, if home detention or
work crew has been ordered by the court, in an approved residence, for
a substantial portion of each day with the balance of the day spent in
the community. Partial confinement includes work release, home
detention, work crew, and a combination of work crew and home
detention.
(33) "Persistent offender" is an offender who:
(a)(i) Has been convicted in this state of any felony considered a
most serious offense; and
(ii) Has, before the commission of the offense under (a) of this
subsection, been convicted as an offender on at least two separate
occasions, whether in this state or elsewhere, of felonies that under
the laws of this state would be considered most serious offenses and
would be included in the offender score under RCW 9.94A.525; provided
that of the two or more previous convictions, at least one conviction
must have occurred before the commission of any of the other most
serious offenses for which the offender was previously convicted; or
(b)(i) Has been convicted of: (A) Rape in the first degree, rape
of a child in the first degree, child molestation in the first degree,
rape in the second degree, rape of a child in the second degree, or
indecent liberties by forcible compulsion; (B) any of the following
offenses with a finding of sexual motivation: Murder in the first
degree, murder in the second degree, homicide by abuse, kidnapping in
the first degree, kidnapping in the second degree, assault in the first
degree, assault in the second degree, assault of a child in the first
degree, or burglary in the first degree; or (C) an attempt to commit
any crime listed in this subsection (33)(b)(i); and
(ii) Has, before the commission of the offense under (b)(i) of this
subsection, been convicted as an offender on at least one occasion,
whether in this state or elsewhere, of an offense listed in (b)(i) of
this subsection or any federal or out-of-state offense or offense under
prior Washington law that is comparable to the offenses listed in
(b)(i) of this subsection. A conviction for rape of a child in the
first degree constitutes a conviction under (b)(i) of this subsection
only when the offender was sixteen years of age or older when the
offender committed the offense. A conviction for rape of a child in
the second degree constitutes a conviction under (b)(i) of this
subsection only when the offender was eighteen years of age or older
when the offender committed the offense.
(34) "Postrelease supervision" is that portion of an offender's
community placement that is not community custody.
(35) "Private school" means a school regulated under chapter
28A.195 or 28A.205 RCW.
(36) "Public school" has the same meaning as in RCW 28A.150.010.
(37) "Restitution" means a specific sum of money ordered by the
sentencing court to be paid by the offender to the court over a
specified period of time as payment of damages. The sum may include
both public and private costs.
(38) "Risk assessment" means the application of an objective
instrument supported by research and adopted by the department for the
purpose of assessing an offender's risk of reoffense, taking into
consideration the nature of the harm done by the offender, place and
circumstances of the offender related to risk, the offender's
relationship to any victim, and any information provided to the
department by victims. The results of a risk assessment shall not be
based on unconfirmed or unconfirmable allegations.
(39) "Serious traffic offense" means:
(a) Driving while under the influence of intoxicating liquor or any
drug (RCW 46.61.502), actual physical control while under the influence
of intoxicating liquor or any drug (RCW 46.61.504), reckless driving
(RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5));
or
(b) Any federal, out-of-state, county, or municipal conviction for
an offense that under the laws of this state would be classified as a
serious traffic offense under (a) of this subsection.
(40) "Serious violent offense" is a subcategory of violent offense
and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first degree; or
(ix) An attempt, criminal solicitation, or criminal conspiracy to
commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as a serious
violent offense under (a) of this subsection.
(41) "Sex offense" means:
(a)(i) A felony that is a violation of chapter 9A.44 RCW other than
RCW 9A.44.130(11);
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of chapter 9.68A RCW other than
RCW ((9.68A.070 or)) 9.68A.080; or
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt,
criminal solicitation, or criminal conspiracy to commit such crimes;
(b) Any conviction for a felony offense in effect at any time prior
to July 1, 1976, that is comparable to a felony classified as a sex
offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under RCW
9.94A.835 or 13.40.135; or
(d) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as a sex
offense under (a) of this subsection.
(42) "Sexual motivation" means that one of the purposes for which
the defendant committed the crime was for the purpose of his or her
sexual gratification.
(43) "Standard sentence range" means the sentencing court's
discretionary range in imposing a nonappealable sentence.
(44) "Statutory maximum sentence" means the maximum length of time
for which an offender may be confined as punishment for a crime as
prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the
crime, or other statute defining the maximum penalty for a crime.
(45) "Total confinement" means confinement inside the physical
boundaries of a facility or institution operated or utilized under
contract by the state or any other unit of government for twenty-four
hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(46) "Transition training" means written and verbal instructions
and assistance provided by the department to the offender during the
two weeks prior to the offender's successful completion of the work
ethic camp program. The transition training shall include instructions
in the offender's requirements and obligations during the offender's
period of community custody.
(47) "Victim" means any person who has sustained emotional,
psychological, physical, or financial injury to person or property as
a direct result of the crime charged.
(48) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a class A felony or an
attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal conspiracy to commit a
class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault, when caused by the operation or driving
of a vehicle by a person while under the influence of intoxicating
liquor or any drug or by the operation or driving of a vehicle in a
reckless manner; and
(xiv) Vehicular homicide, when proximately caused by the driving of
any vehicle by any person while under the influence of intoxicating
liquor or any drug as defined by RCW 46.61.502, or by the operation of
any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any time prior
to July 1, 1976, that is comparable to a felony classified as a violent
offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as a violent
offense under (a) or (b) of this subsection.
(49) "Work crew" means a program of partial confinement consisting
of civic improvement tasks for the benefit of the community that
complies with RCW 9.94A.725.
(50) "Work ethic camp" means an alternative incarceration program
as provided in RCW 9.94A.690 designed to reduce recidivism and lower
the cost of corrections by requiring offenders to complete a
comprehensive array of real-world job and vocational experiences,
character-building work ethics training, life management skills
development, substance abuse rehabilitation, counseling, literacy
training, and basic adult education.
(51) "Work release" means a program of partial confinement
available to offenders who are employed or engaged as a student in a
regular course of study at school.
Sec. 8 RCW 9.94A.030 and 2003 c 53 s 55 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Board" means the indeterminate sentence review board created
under chapter 9.95 RCW.
(2) "Collect," or any derivative thereof, "collect and remit," or
"collect and deliver," when used with reference to the department,
means that the department, either directly or through a collection
agreement authorized by RCW 9.94A.760, is responsible for monitoring
and enforcing the offender's sentence with regard to the legal
financial obligation, receiving payment thereof from the offender, and,
consistent with current law, delivering daily the entire payment to the
superior court clerk without depositing it in a departmental account.
(3) "Commission" means the sentencing guidelines commission.
(4) "Community corrections officer" means an employee of the
department who is responsible for carrying out specific duties in
supervision of sentenced offenders and monitoring of sentence
conditions.
(5) "Community custody" means that portion of an offender's
sentence of confinement in lieu of earned release time or imposed
pursuant to RCW 9.94A.505(2)(b), 9.94A.650 through 9.94A.670,
9.94A.690, 9.94A.700 through 9.94A.715, or 9.94A.545, served in the
community subject to controls placed on the offender's movement and
activities by the department. For offenders placed on community
custody for crimes committed on or after July 1, 2000, the department
shall assess the offender's risk of reoffense and may establish and
modify conditions of community custody, in addition to those imposed by
the court, based upon the risk to community safety.
(6) "Community custody range" means the minimum and maximum period
of community custody included as part of a sentence under RCW
9.94A.715, as established by the commission or the legislature under
RCW 9.94A.850, for crimes committed on or after July 1, 2000.
(7) "Community placement" means that period during which the
offender is subject to the conditions of community custody and/or
postrelease supervision, which begins either upon completion of the
term of confinement (postrelease supervision) or at such time as the
offender is transferred to community custody in lieu of earned release.
Community placement may consist of entirely community custody, entirely
postrelease supervision, or a combination of the two.
(8) "Community restitution" means compulsory service, without
compensation, performed for the benefit of the community by the
offender.
(9) "Community supervision" means a period of time during which a
convicted offender is subject to crime-related prohibitions and other
sentence conditions imposed by a court pursuant to this chapter or RCW
16.52.200(6) or 46.61.524. Where the court finds that any offender has
a chemical dependency that has contributed to his or her offense, the
conditions of supervision may, subject to available resources, include
treatment. For purposes of the interstate compact for out-of-state
supervision of parolees and probationers, RCW 9.95.270, community
supervision is the functional equivalent of probation and should be
considered the same as probation by other states.
(10) "Confinement" means total or partial confinement.
(11) "Conviction" means an adjudication of guilt pursuant to Titles
10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and
acceptance of a plea of guilty.
(12) "Crime-related prohibition" means an order of a court
prohibiting conduct that directly relates to the circumstances of the
crime for which the offender has been convicted, and shall not be
construed to mean orders directing an offender affirmatively to
participate in rehabilitative programs or to otherwise perform
affirmative conduct. However, affirmative acts necessary to monitor
compliance with the order of a court may be required by the department.
(13) "Criminal history" means the list of a defendant's prior
convictions and juvenile adjudications, whether in this state, in
federal court, or elsewhere.
(a) The history shall include, where known, for each conviction (i)
whether the defendant has been placed on probation and the length and
terms thereof; and (ii) whether the defendant has been incarcerated and
the length of incarceration.
(b) A conviction may be removed from a defendant's criminal history
only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 9.95.240, or
a similar out-of-state statute, or if the conviction has been vacated
pursuant to a governor's pardon.
(c) The determination of a defendant's criminal history is distinct
from the determination of an offender score. A prior conviction that
was not included in an offender score calculated pursuant to a former
version of the sentencing reform act remains part of the defendant's
criminal history.
(14) "Day fine" means a fine imposed by the sentencing court that
equals the difference between the offender's net daily income and the
reasonable obligations that the offender has for the support of the
offender and any dependents.
(15) "Day reporting" means a program of enhanced supervision
designed to monitor the offender's daily activities and compliance with
sentence conditions, and in which the offender is required to report
daily to a specific location designated by the department or the
sentencing court.
(16) "Department" means the department of corrections.
(17) "Determinate sentence" means a sentence that states with
exactitude the number of actual years, months, or days of total
confinement, of partial confinement, of community supervision, the
number of actual hours or days of community restitution work, or
dollars or terms of a legal financial obligation. The fact that an
offender through earned release can reduce the actual period of
confinement shall not affect the classification of the sentence as a
determinate sentence.
(18) "Disposable earnings" means that part of the earnings of an
offender remaining after the deduction from those earnings of any
amount required by law to be withheld. For the purposes of this
definition, "earnings" means compensation paid or payable for personal
services, whether denominated as wages, salary, commission, bonuses, or
otherwise, and, notwithstanding any other provision of law making the
payments exempt from garnishment, attachment, or other process to
satisfy a court-ordered legal financial obligation, specifically
includes periodic payments pursuant to pension or retirement programs,
or insurance policies of any type, but does not include payments made
under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050,
or Title 74 RCW.
(19) "Drug offender sentencing alternative" is a sentencing option
available to persons convicted of a felony offense other than a violent
offense or a sex offense and who are eligible for the option under RCW
9.94A.660.
(20) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of
a controlled substance (RCW 69.50.4013) or forged prescription for a
controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates
to the possession, manufacture, distribution, or transportation of a
controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws
of this state would be a felony classified as a drug offense under (a)
of this subsection.
(21) "Earned release" means earned release from confinement as
provided in RCW 9.94A.728.
(22) "Escape" means:
(a) Sexually violent predator escape (RCW 9A.76.115), escape in the
first degree (RCW 9A.76.110), escape in the second degree (RCW
9A.76.120), willful failure to return from furlough (RCW 72.66.060),
willful failure to return from work release (RCW 72.65.070), or willful
failure to be available for supervision by the department while in
community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as an escape
under (a) of this subsection.
(23) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW
46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as a felony
traffic offense under (a) of this subsection.
(24) "Fine" means a specific sum of money ordered by the sentencing
court to be paid by the offender to the court over a specific period of
time.
(25) "First-time offender" means any person who has no prior
convictions for a felony and is eligible for the first-time offender
waiver under RCW 9.94A.650.
(26) "Home detention" means a program of partial confinement
available to offenders wherein the offender is confined in a private
residence subject to electronic surveillance.
(27) "Legal financial obligation" means a sum of money that is
ordered by a superior court of the state of Washington for legal
financial obligations which may include restitution to the victim,
statutorily imposed crime victims' compensation fees as assessed
pursuant to RCW 7.68.035, court costs, county or interlocal drug funds,
court-appointed attorneys' fees, and costs of defense, fines, and any
other financial obligation that is assessed to the offender as a result
of a felony conviction. Upon conviction for vehicular assault while
under the influence of intoxicating liquor or any drug, RCW
46.61.522(1)(b), or vehicular homicide while under the influence of
intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial
obligations may also include payment to a public agency of the expense
of an emergency response to the incident resulting in the conviction,
subject to RCW 38.52.430.
(28) "Most serious offense" means any of the following felonies or
a felony attempt to commit any of the following felonies:
(a) Any felony defined under any law as a class A felony or
criminal solicitation of or criminal conspiracy to commit a class A
felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault, when caused by the operation or driving of
a vehicle by a person while under the influence of intoxicating liquor
or any drug or by the operation or driving of a vehicle in a reckless
manner;
(r) Vehicular homicide, when proximately caused by the driving of
any vehicle by any person while under the influence of intoxicating
liquor or any drug as defined by RCW 46.61.502, or by the operation of
any vehicle in a reckless manner;
(s) Any other class B felony offense with a finding of sexual
motivation;
(t) Any other felony with a deadly weapon verdict under RCW
9.94A.602;
(u) Any felony offense in effect at any time prior to December 2,
1993, that is comparable to a most serious offense under this
subsection, or any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified as a
most serious offense under this subsection;
(v)(i) A prior conviction for indecent liberties under RCW
9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess.
as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as
it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1)
(a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent liberties under RCW
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988,
if: (A) The crime was committed against a child under the age of
fourteen; or (B) the relationship between the victim and perpetrator is
included in the definition of indecent liberties under RCW
9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997,
or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993,
through July 27, 1997.
(29) "Nonviolent offense" means an offense which is not a violent
offense.
(30) "Offender" means a person who has committed a felony
established by state law and is eighteen years of age or older or is
less than eighteen years of age but whose case is under superior court
jurisdiction under RCW 13.04.030 or has been transferred by the
appropriate juvenile court to a criminal court pursuant to RCW
13.40.110. Throughout this chapter, the terms "offender" and
"defendant" are used interchangeably.
(31) "Partial confinement" means confinement for no more than one
year in a facility or institution operated or utilized under contract
by the state or any other unit of government, or, if home detention or
work crew has been ordered by the court, in an approved residence, for
a substantial portion of each day with the balance of the day spent in
the community. Partial confinement includes work release, home
detention, work crew, and a combination of work crew and home
detention.
(32) "Persistent offender" is an offender who:
(a)(i) Has been convicted in this state of any felony considered a
most serious offense; and
(ii) Has, before the commission of the offense under (a) of this
subsection, been convicted as an offender on at least two separate
occasions, whether in this state or elsewhere, of felonies that under
the laws of this state would be considered most serious offenses and
would be included in the offender score under RCW 9.94A.525; provided
that of the two or more previous convictions, at least one conviction
must have occurred before the commission of any of the other most
serious offenses for which the offender was previously convicted; or
(b)(i) Has been convicted of: (A) Rape in the first degree, rape
of a child in the first degree, child molestation in the first degree,
rape in the second degree, rape of a child in the second degree, or
indecent liberties by forcible compulsion; (B) any of the following
offenses with a finding of sexual motivation: Murder in the first
degree, murder in the second degree, homicide by abuse, kidnapping in
the first degree, kidnapping in the second degree, assault in the first
degree, assault in the second degree, assault of a child in the first
degree, or burglary in the first degree; or (C) an attempt to commit
any crime listed in this subsection (32)(b)(i); and
(ii) Has, before the commission of the offense under (b)(i) of this
subsection, been convicted as an offender on at least one occasion,
whether in this state or elsewhere, of an offense listed in (b)(i) of
this subsection or any federal or out-of-state offense or offense under
prior Washington law that is comparable to the offenses listed in
(b)(i) of this subsection. A conviction for rape of a child in the
first degree constitutes a conviction under (b)(i) of this subsection
only when the offender was sixteen years of age or older when the
offender committed the offense. A conviction for rape of a child in
the second degree constitutes a conviction under (b)(i) of this
subsection only when the offender was eighteen years of age or older
when the offender committed the offense.
(33) "Postrelease supervision" is that portion of an offender's
community placement that is not community custody.
(34) "Restitution" means a specific sum of money ordered by the
sentencing court to be paid by the offender to the court over a
specified period of time as payment of damages. The sum may include
both public and private costs.
(35) "Risk assessment" means the application of an objective
instrument supported by research and adopted by the department for the
purpose of assessing an offender's risk of reoffense, taking into
consideration the nature of the harm done by the offender, place and
circumstances of the offender related to risk, the offender's
relationship to any victim, and any information provided to the
department by victims. The results of a risk assessment shall not be
based on unconfirmed or unconfirmable allegations.
(36) "Serious traffic offense" means:
(a) Driving while under the influence of intoxicating liquor or any
drug (RCW 46.61.502), actual physical control while under the influence
of intoxicating liquor or any drug (RCW 46.61.504), reckless driving
(RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5));
or
(b) Any federal, out-of-state, county, or municipal conviction for
an offense that under the laws of this state would be classified as a
serious traffic offense under (a) of this subsection.
(37) "Serious violent offense" is a subcategory of violent offense
and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first degree; or
(ix) An attempt, criminal solicitation, or criminal conspiracy to
commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as a serious
violent offense under (a) of this subsection.
(38) "Sex offense" means:
(a)(i) A felony that is a violation of chapter 9A.44 RCW other than
RCW 9A.44.130(11);
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of chapter 9.68A RCW other than
RCW ((9.68A.070 or)) 9.68A.080; or
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt,
criminal solicitation, or criminal conspiracy to commit such crimes;
(b) Any conviction for a felony offense in effect at any time prior
to July 1, 1976, that is comparable to a felony classified as a sex
offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under RCW
9.94A.835 or 13.40.135; or
(d) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as a sex
offense under (a) of this subsection.
(39) "Sexual motivation" means that one of the purposes for which
the defendant committed the crime was for the purpose of his or her
sexual gratification.
(40) "Standard sentence range" means the sentencing court's
discretionary range in imposing a nonappealable sentence.
(41) "Statutory maximum sentence" means the maximum length of time
for which an offender may be confined as punishment for a crime as
prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the
crime, or other statute defining the maximum penalty for a crime.
(42) "Total confinement" means confinement inside the physical
boundaries of a facility or institution operated or utilized under
contract by the state or any other unit of government for twenty-four
hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(43) "Transition training" means written and verbal instructions
and assistance provided by the department to the offender during the
two weeks prior to the offender's successful completion of the work
ethic camp program. The transition training shall include instructions
in the offender's requirements and obligations during the offender's
period of community custody.
(44) "Victim" means any person who has sustained emotional,
psychological, physical, or financial injury to person or property as
a direct result of the crime charged.
(45) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a class A felony or an
attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal conspiracy to commit a
class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault, when caused by the operation or driving
of a vehicle by a person while under the influence of intoxicating
liquor or any drug or by the operation or driving of a vehicle in a
reckless manner; and
(xiv) Vehicular homicide, when proximately caused by the driving of
any vehicle by any person while under the influence of intoxicating
liquor or any drug as defined by RCW 46.61.502, or by the operation of
any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any time prior
to July 1, 1976, that is comparable to a felony classified as a violent
offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as a violent
offense under (a) or (b) of this subsection.
(46) "Work crew" means a program of partial confinement consisting
of civic improvement tasks for the benefit of the community that
complies with RCW 9.94A.725.
(47) "Work ethic camp" means an alternative incarceration program
as provided in RCW 9.94A.690 designed to reduce recidivism and lower
the cost of corrections by requiring offenders to complete a
comprehensive array of real-world job and vocational experiences,
character-building work ethics training, life management skills
development, substance abuse rehabilitation, counseling, literacy
training, and basic adult education.
(48) "Work release" means a program of partial confinement
available to offenders who are employed or engaged as a student in a
regular course of study at school.
NEW SECTION. Sec. 9 (1) Section 3 of this act expires September
1, 2006.
(2) Section 7 of this act expires July 1, 2006.
NEW SECTION. Sec. 10 (1) Section 4 of this act takes effect
September 1, 2006.
(2) Section 8 of this act takes effect July 1, 2006.