BILL REQ. #: S-4084.1
| State of Washington | 59th Legislature | 2006 Regular Session |
Read first time 01/11/2006. Referred to Committee on Judiciary.
AN ACT Relating to protecting children, vulnerable adults, and communities from sex and kidnapping offenders regardless of whether the perpetrator was known to the victim at the time of the crime by creating the new crimes of sexual victimization in the first and second degrees, failure to report an unregistered sex or kidnapping offender, and tampering with an electronic monitoring device, designating as a sex offense the crime of possession of depictions of a minor engaged in sexually explicit conduct, increasing the penalty for failure to register as a sex or kidnapping offender, imposing minimum sentences for sexual victimization in the first and second degrees, child molestation in the first degree, kidnapping in the first degree with a finding of sexual motivation, and rape of a child in the first and second degrees, requiring electronic monitoring for certain sex offenders, adding to the aggravating circumstances for purposes of imposing the death penalty, requiring sex offenders to receive treatment and admit guilt before being released, prohibiting sex offenders with life sentences from receiving treatment, narrowing the eligibility for the special sex offender sentencing alternative, tightening sex and kidnapping offender registration requirements, and providing an appropriation to the attorney general for purposes of public education and awareness; amending RCW 9A.44.050, 9A.44.100, 9A.44.010, 9.94A.030, 9.94A.030, 9.94A.712, 9.94A.712, 10.95.020, 9.95.062, 9.95.420, 72.09.335, 9A.04.080, 9A.44.130, 9A.44.140, 9A.46.060, 9A.28.020, 9A.32.030, 10.64.025, 10.99.020, 13.40.0357, 13.40.040, 13.40.077, and 43.43.830; reenacting and amending RCW 9.94A.505, 9.94A.670, 9A.44.130, 9.94A.411, and 9.94A.515; adding new sections to chapter 9A.44 RCW; adding a new section to chapter 9A.76 RCW; adding a new section to chapter 72.09 RCW; adding a new section to chapter 9.94A RCW; creating a new section; prescribing penalties; making an appropriation; providing effective dates; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 Sexual abuse, including the rape and
molestation of helpless children and vulnerable persons, is one of the
most terrifying and demeaning criminal acts an individual can
perpetrate against another person. The personal pain and fear suffered
by the innocent victims of sexual abuse, and by their families, create
devastating difficulties that often take years, if not a lifetime, to
overcome. The grief and loss caused by the sexual abuse of young
children and vulnerable persons are severe and the severity of
punishment for those who commit such sexual abuse should be
commensurate with the terror and trauma they have forced upon their
victims, and the victim's family and loved ones. Justice is concerned
with enforcing consequences for one's own actions to ensure personal
responsibility for such actions. The severity of punishment for those
who commit sexual abuse, such as the rape and molestation of a child or
a vulnerable person, should not depend on whether the victim is known
or unknown to the defendant who committed the act but should be
consistent for and commensurate with the horrible crimes such
perpetrators have imposed upon their victims. Strict penalties for
such cruel and humiliating violations of a person's dignity, honor, and
well-being are both appropriate and just, will act as a deterrent to
others who are inclined to commit such immoral and inhumane crimes, and
reflect the will of the majority of the people of this state. The
legislature intends to ensure that the sanctions imposed for sexual
abuse of a child or a vulnerable person are proportionate to the crime
and that the victims of sexual abuse will be better able to lead lives
free of fear knowing that the perpetrators of such crimes against them
will not be around to harm them, or others, for a long time.
NEW SECTION. Sec. 2 A new section is added to chapter 9A.44 RCW
to read as follows:
(1) A person is guilty of sexual victimization in the first degree
if he or she commits rape in the first degree and the victim of the
crime was under the age of twelve at the time of the offense.
(2) Sexual victimization in the first degree is a class A felony.
NEW SECTION. Sec. 3 A new section is added to chapter 9A.44 RCW
to read as follows:
(1) A person is guilty of sexual victimization in the second degree
if he or she:
(a) Has sexual intercourse or sexual contact with another person
when the victim is incapable of consent by reason of being physically
helpless or mentally incapacitated; or
(b) Commits rape in the first degree, rape in the second degree by
forcible compulsion, rape in the third degree, or indecent liberties by
forcible compulsion, and the victim of the crime was, at the time of
the offense, a person with a developmental disability, a mentally
disordered person, or a frail elder or vulnerable adult.
(2) Sexual victimization in the second degree is a class A felony.
NEW SECTION. Sec. 4 A new section is added to chapter 9A.76 RCW
to read as follows:
(1) A person is guilty of failure to report an unregistered sex
offender or kidnapping offender if he or she:
(a) Knows that another person has not met the requirements of RCW
9A.44.130; and
(b) With the intent to assist the other person in eluding a law
enforcement agency, does not notify, or withholds information from, a
law enforcement agency regarding the person's noncompliance with RCW
9A.44.130 and, if known, the location of the person.
(2) Failure to report an unregistered sex offender or kidnapping
offender is a class C felony.
NEW SECTION. Sec. 5 A new section is added to chapter 9A.44 RCW
to read as follows:
(1) A person is guilty of tampering with an electronic monitoring
device if, under circumstances not constituting sexually violent
predator escape, he or she:
(a) Is required to be electronically monitored under section 13 or
14 of this act; and
(b) Intentionally alters, tampers with, damages, or destroys any
electronic monitoring equipment used to enforce the electronic
monitoring requirement.
(2) Tampering with an electronic monitoring device is a class C
felony.
Sec. 6 RCW 9A.44.050 and 1997 c 392 s 514 are each amended to
read as follows:
(1) A person is guilty of rape in the second degree when, under
circumstances not constituting rape in the first degree, the person
engages in sexual intercourse with another person:
(a) By forcible compulsion;
(b) ((When the victim is incapable of consent by reason of being
physically helpless or mentally incapacitated;)) When the victim is ((
(c)developmentally disabled)) a person with
a developmental disability and the perpetrator is a person who is not
married to the victim and who has supervisory authority over the
victim;
(((d))) (c) When the perpetrator is a health care provider, the
victim is a client or patient, and the sexual intercourse occurs during
a treatment session, consultation, interview, or examination. It is an
affirmative defense that the defendant must prove by a preponderance of
the evidence that the client or patient consented to the sexual
intercourse with the knowledge that the sexual intercourse was not for
the purpose of treatment;
(((e))) (d) When the victim is a resident of a facility for
mentally disordered or chemically dependent persons and the perpetrator
is a person who is not married to the victim and has supervisory
authority over the victim; or
(((f))) (e) When the victim is a frail elder or vulnerable adult
and the perpetrator is a person who is not married to the victim and
who has a significant relationship with the victim.
(2) Rape in the second degree is a class A felony.
Sec. 7 RCW 9A.44.100 and 2003 c 53 s 67 are each amended to read
as follows:
(1) A person is guilty of indecent liberties when he or she
knowingly causes another person who is not his or her spouse to have
sexual contact with him or her or another:
(a) By forcible compulsion;
(b) ((When the other person is incapable of consent by reason of
being mentally defective, mentally incapacitated, or physically
helpless;)) When the victim is ((
(c)developmentally disabled)) a person with
a developmental disability and the perpetrator is a person who is not
married to the victim and who has supervisory authority over the
victim;
(((d))) (c) When the perpetrator is a health care provider, the
victim is a client or patient, and the sexual contact occurs during a
treatment session, consultation, interview, or examination. It is an
affirmative defense that the defendant must prove by a preponderance of
the evidence that the client or patient consented to the sexual contact
with the knowledge that the sexual contact was not for the purpose of
treatment;
(((e))) (d) When the victim is a resident of a facility for
mentally disordered or chemically dependent persons and the perpetrator
is a person who is not married to the victim and has supervisory
authority over the victim; or
(((f))) (e) When the victim is a frail elder or vulnerable adult
and the perpetrator is a person who is not married to the victim and
who has a significant relationship with the victim.
(2)(a) Except as provided in (b) of this subsection, indecent
liberties is a class B felony.
(b) Indecent liberties by forcible compulsion is a class A felony.
Sec. 8 RCW 9A.44.010 and 2005 c 262 s 1 are each amended to read
as follows:
As used in this chapter:
(1) "Sexual intercourse" (a) has its ordinary meaning and occurs
upon any penetration, however slight, and
(b) Also means any penetration of the vagina or anus however
slight, by an object, when committed on one person by another, whether
such persons are of the same or opposite sex, except when such
penetration is accomplished for medically recognized treatment or
diagnostic purposes, and
(c) Also means any act of sexual contact between persons involving
the sex organs of one person and the mouth or anus of another whether
such persons are of the same or opposite sex.
(2) "Sexual contact" means any touching of the sexual or other
intimate parts of a person done for the purpose of gratifying sexual
desire of either party or a third party.
(3) "Married" means one who is legally married to another, but does
not include a person who is living separate and apart from his or her
spouse and who has filed in an appropriate court for legal separation
or for dissolution of his or her marriage.
(4) "Mental incapacity" is that condition existing at the time of
the offense which prevents a person from understanding the nature or
consequences of the act of sexual intercourse whether that condition is
produced by illness, defect, the influence of a substance or from some
other cause.
(5) "Physically helpless" means a person who is unconscious or for
any other reason is physically unable to communicate unwillingness to
an act.
(6) "Forcible compulsion" means physical force which overcomes
resistance, or a threat, express or implied, that places a person in
fear of death or physical injury to herself or himself or another
person, or in fear that she or he or another person will be kidnapped.
(7) "Consent" means that at the time of the act of sexual
intercourse or sexual contact there are actual words or conduct
indicating freely given agreement to have sexual intercourse or sexual
contact.
(8) "Significant relationship" means a situation in which the
perpetrator is:
(a) A person who undertakes the responsibility, professionally or
voluntarily, to provide education, health, welfare, or organized
recreational activities principally for minors;
(b) A person who in the course of his or her employment supervises
minors; or
(c) A person who provides welfare, health or residential
assistance, personal care, or organized recreational activities to
frail elders or vulnerable adults, including a provider, employee,
temporary employee, volunteer, or independent contractor who supplies
services to long-term care facilities licensed or required to be
licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW, and home
health, hospice, or home care agencies licensed or required to be
licensed under chapter 70.127 RCW, but not including a consensual
sexual partner.
(9) "Abuse of a supervisory position" means:
(a) To use a direct or indirect threat or promise to exercise
authority to the detriment or benefit of a minor; or
(b) To exploit a significant relationship in order to obtain the
consent of a minor.
(10) "((Developmentally disabled)) Person with a developmental
disability," for purposes of section 3 of this act, RCW
9A.44.050(1)(((c))) (b), and 9A.44.100(1)(((c))) (b), means a person
with a developmental disability as defined in RCW 71A.10.020.
(11) "Person with supervisory authority," for purposes of RCW
9A.44.050(1) (((c))) (b) or (((e))) (d) and 9A.44.100(1) (((c))) (b) or
(((e))) (d), means any proprietor or employee of any public or private
care or treatment facility who directly supervises developmentally
disabled, mentally disordered, or chemically dependent persons at the
facility.
(12) "Mentally disordered person" for the purposes of section 3 of
this act, RCW 9A.44.050(1)(((e))) (d), and 9A.44.100(1)(((e))) (d)
means a person with a "mental disorder" as defined in RCW 71.05.020.
(13) "Chemically dependent person" for purposes of RCW
9A.44.050(1)(((e))) (d) and 9A.44.100(1)(((e))) (d) means a person who
is "chemically dependent" as defined in RCW 70.96A.020(4).
(14) "Health care provider" for purposes of RCW 9A.44.050 and
9A.44.100 means a person who is, holds himself or herself out to be, or
provides services as if he or she were: (a) A member of a health care
profession under chapter 18.130 RCW; or (b) registered under chapter
18.19 RCW or licensed under chapter 18.225 RCW, regardless of whether
the health care provider is licensed, certified, or registered by the
state.
(15) "Treatment" for purposes of RCW 9A.44.050 and 9A.44.100 means
the active delivery of professional services by a health care provider
which the health care provider holds himself or herself out to be
qualified to provide.
(16) "Frail elder or vulnerable adult" means a person sixty years
of age or older who has the functional, mental, or physical inability
to care for himself or herself. "Frail elder or vulnerable adult" also
includes a person found incapacitated under chapter 11.88 RCW, a person
over eighteen years of age who has a developmental disability under
chapter 71A.10 RCW, a person admitted to a long-term care facility that
is licensed or required to be licensed under chapter 18.20, 18.51,
72.36, or 70.128 RCW, and a person receiving services from a home
health, hospice, or home care agency licensed or required to be
licensed under chapter 70.127 RCW.
Sec. 9 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,
sexual victimization in the first degree, rape in the second degree,
rape of a child in the second degree, sexual victimization 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. 10 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,
sexual victimization in the first degree, rape in the second degree,
rape of a child in the second degree, sexual victimization 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.
Sec. 11 RCW 9.94A.712 and 2005 c 436 s 2 are each amended to read
as follows:
(1) An offender who is not a persistent offender shall be sentenced
under this section if the offender:
(a) Is convicted of:
(i) Rape in the first degree, rape in the second degree, rape of a
child in the first degree, child molestation in the first degree,
sexual victimization in the first degree, rape of a child in the second
degree, sexual victimization in the second degree, or indecent
liberties by forcible compulsion;
(ii) 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
(iii) An attempt to commit any crime listed in this subsection
(1)(a);
committed on or after September 1, 2001; or
(b) Has a prior conviction for an offense listed in RCW
9.94A.030(33)(b), and is convicted of any sex offense which was
committed after September 1, 2001.
For purposes of this subsection (1)(b), failure to register is not
a sex offense.
(2) An offender convicted of rape of a child in the first or second
degree or child molestation in the first degree who was seventeen years
of age or younger at the time of the offense shall not be sentenced
under this section.
(3)(a) Upon a finding that the offender is subject to sentencing
under this section, the court shall impose a sentence to a maximum term
((consisting of the statutory maximum sentence for the offense)) and a
minimum term ((either within the standard sentence range for the
offense, or outside the standard sentence range pursuant to RCW
9.94A.535, if the offender is otherwise eligible for such a sentence)).
(b) The maximum term shall be the statutory maximum sentence for
the offense.
(c)(i) Except as provided in (c)(ii) of this subsection, the
minimum term shall be either within the standard sentence range for the
offense, or outside the standard sentence range pursuant to RCW
9.94A.535, if the offender is otherwise eligible for such a sentence.
(ii)(A) If the offense that caused the offender to be sentenced
under this section was sexual victimization in the first degree, the
minimum sentence shall be life.
(B) If the offense that caused the offender to be sentenced under
this section was rape of a child in the first degree, the minimum term
shall be either the maximum of the standard range for the offense or
thirty years, whichever is greater.
(C) If the offense that caused the offender to be sentenced under
this section was child molestation in the first degree, kidnapping in
the first degree with a finding of sexual motivation, rape of a child
in the second degree, or sexual victimization in the second degree, the
minimum term shall be either the maximum of the standard range for the
offense or twenty-five years, whichever is greater.
(D) The minimum terms in this subsection (3)(c)(ii) do not apply to
a juvenile tried as an adult pursuant to RCW 13.04.030(1)(e)(i). The
minimum term for such a juvenile shall be imposed under (c)(i) of this
subsection.
(4) A person sentenced under subsection (3) of this section shall
serve the sentence in a facility or institution operated, or utilized
under contract, by the state.
(5) When a court sentences a person to the custody of the
department under this section, the court shall, in addition to the
other terms of the sentence, sentence the offender to community custody
under the supervision of the department and the authority of the board
for any period of time the person is released from total confinement
before the expiration of the maximum sentence.
(6)(a)(i) Unless a condition is waived by the court, the conditions
of community custody shall include those provided for in RCW
9.94A.700(4). The conditions may also include those provided for in
RCW 9.94A.700(5). The court may also order the offender to participate
in rehabilitative programs or otherwise perform affirmative conduct
reasonably related to the circumstances of the offense, the offender's
risk of reoffending, or the safety of the community, and the department
and the board shall enforce such conditions pursuant to RCW 9.94A.713,
9.95.425, and 9.95.430.
(ii) If the offense that caused the offender to be sentenced under
this section was an offense listed in subsection (1)(a) of this
section, the conditions of community custody shall also include a
requirement that the offender submit to electronic monitoring by the
department using an active global positioning system or similar
tracking system. The system must be designed to actively monitor,
identify, and timely report the offender's location.
(iii) If the offense that caused the offender to be sentenced under
this section was an offense listed in subsection (1)(a) of this section
and the victim of the offense was under eighteen years of age at the
time of the offense, the court shall, as a condition of community
custody, prohibit the offender from residing in a community protection
zone.
(b) As part of any sentence under this section, the court shall
also require the offender to comply with any conditions imposed by the
board under RCW 9.94A.713 and 9.95.420 through 9.95.435.
Sec. 12 RCW 9.94A.712 and 2004 c 176 s 3 are each amended to read
as follows:
(1) An offender who is not a persistent offender shall be sentenced
under this section if the offender:
(a) Is convicted of:
(i) Rape in the first degree, rape in the second degree, rape of a
child in the first degree, child molestation in the first degree,
sexual victimization in the first degree, rape of a child in the second
degree, sexual victimization in the second degree, or indecent
liberties by forcible compulsion;
(ii) 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
(iii) An attempt to commit any crime listed in this subsection
(1)(a);
committed on or after September 1, 2001; or
(b) Has a prior conviction for an offense listed in RCW
9.94A.030(32)(b), and is convicted of any sex offense which was
committed after September 1, 2001.
For purposes of this subsection (1)(b), failure to register is not
a sex offense.
(2) An offender convicted of rape of a child in the first or second
degree or child molestation in the first degree who was seventeen years
of age or younger at the time of the offense shall not be sentenced
under this section.
(3)(a) Upon a finding that the offender is subject to sentencing
under this section, the court shall impose a sentence to a maximum term
((consisting of the statutory maximum sentence for the offense)) and a
minimum term ((either within the standard sentence range for the
offense, or outside the standard sentence range pursuant to RCW
9.94A.535, if the offender is otherwise eligible for such a sentence)).
(b) The maximum term shall be the statutory maximum sentence for
the offense.
(c)(i) Except as provided in (c)(ii) of this subsection, the
minimum term shall be either within the standard sentence range for the
offense, or outside the standard sentence range pursuant to RCW
9.94A.535, if the offender is otherwise eligible for such a sentence.
(ii)(A) If the offense that caused the offender to be sentenced
under this section was sexual victimization in the first degree, the
minimum sentence shall be life.
(B) If the offense that caused the offender to be sentenced under
this section was rape of a child in the first degree, the minimum term
shall be either the maximum of the standard range for the offense or
thirty years, whichever is greater.
(C) If the offense that caused the offender to be sentenced under
this section was child molestation in the first degree, kidnapping in
the first degree with a finding of sexual motivation, rape of a child
in the second degree, or sexual victimization in the second degree, the
minimum term shall be either the maximum of the standard range for the
offense or twenty-five years, whichever is greater.
(D) The minimum terms in this subsection (3)(c)(ii) do not apply to
a juvenile tried as an adult pursuant to RCW 13.04.030(1)(e)(i). The
minimum term for such a juvenile shall be imposed under (c)(i) of this
subsection.
(4) A person sentenced under subsection (3) of this section shall
serve the sentence in a facility or institution operated, or utilized
under contract, by the state.
(5) When a court sentences a person to the custody of the
department under this section, the court shall, in addition to the
other terms of the sentence, sentence the offender to community custody
under the supervision of the department and the authority of the board
for any period of time the person is released from total confinement
before the expiration of the maximum sentence.
(6)(a)(i) Unless a condition is waived by the court, the conditions
of community custody shall include those provided for in RCW
9.94A.700(4). The conditions may also include those provided for in
RCW 9.94A.700(5). The court may also order the offender to participate
in rehabilitative programs or otherwise perform affirmative conduct
reasonably related to the circumstances of the offense, the offender's
risk of reoffending, or the safety of the community, and the department
and the board shall enforce such conditions pursuant to RCW 9.94A.713,
9.95.425, and 9.95.430.
(ii) If the offense that caused the offender to be sentenced under
this section was an offense listed in subsection (1)(a) of this
section, the conditions of community custody shall also include a
requirement that the offender submit to electronic monitoring by the
department using an active global positioning system or similar
tracking system. The system must be designed to actively monitor,
identify, and timely report the offender's location.
(b) As part of any sentence under this section, the court shall
also require the offender to comply with any conditions imposed by the
board under RCW 9.94A.713 and 9.95.420 through 9.95.435.
NEW SECTION. Sec. 13 A new section is added to chapter 72.09 RCW
to read as follows:
The department shall electronically monitor an offender serving a
term of community custody on or after the effective date of this
section if the offender has a current or prior conviction for an
offense listed in RCW 9.94A.030(32)(b)(i). The department shall
monitor such an offender using a global positioning system, or similar
tracking system, that is designed to actively monitor, identify, and
timely report the offender's location.
NEW SECTION. Sec. 14 A new section is added to chapter 9A.44 RCW
to read as follows:
The state patrol shall electronically monitor a person required to
register under RCW 9A.44.130 if the person has a prior conviction for
an offense listed in RCW 9.94A.030(32)(b)(i) and is not being
electronically monitored under section 5 of this act. The state patrol
shall monitor such a person using a global positioning system, or
similar tracking system, that is designed to actively monitor,
identify, and timely report the person's location.
Sec. 15 RCW 10.95.020 and 2003 c 53 s 96 are each amended to read
as follows:
A person is guilty of aggravated first degree murder, a class A
felony, if he or she commits first degree murder as defined by RCW
9A.32.030(1)(a), as now or hereafter amended, and one or more of the
following aggravating circumstances exist:
(1) The victim was a law enforcement officer, corrections officer,
or fire fighter who was performing his or her official duties at the
time of the act resulting in death and the victim was known or
reasonably should have been known by the person to be such at the time
of the killing;
(2) At the time of the act resulting in the death, the person was
serving a term of imprisonment, had escaped, or was on authorized or
unauthorized leave in or from a state facility or program for the
incarceration or treatment of persons adjudicated guilty of crimes;
(3) At the time of the act resulting in death, the person was in
custody in a county or county-city jail as a consequence of having been
adjudicated guilty of a felony;
(4) The person committed the murder pursuant to an agreement that
he or she would receive money or any other thing of value for
committing the murder;
(5) The person solicited another person to commit the murder and
had paid or had agreed to pay money or any other thing of value for
committing the murder;
(6) The person committed the murder to obtain or maintain his or
her membership or to advance his or her position in the hierarchy of an
organization, association, or identifiable group;
(7) The murder was committed during the course of or as a result of
a shooting where the discharge of the firearm, as defined in RCW
9.41.010, is either from a motor vehicle or from the immediate area of
a motor vehicle that was used to transport the shooter or the firearm,
or both, to the scene of the discharge;
(8) The victim was:
(a) A judge; juror or former juror; prospective, current, or former
witness in an adjudicative proceeding; prosecuting attorney; deputy
prosecuting attorney; defense attorney; a member of the indeterminate
sentence review board; or a probation or parole officer; and
(b) The murder was related to the exercise of official duties
performed or to be performed by the victim;
(9) The person committed the murder to conceal the commission of a
crime or to protect or conceal the identity of any person committing a
crime, including, but specifically not limited to, any attempt to avoid
prosecution as a persistent offender as defined in RCW 9.94A.030;
(10) There was more than one victim and the murders were part of a
common scheme or plan or the result of a single act of the person;
(11) The murder was committed in the course of, in furtherance of,
or in immediate flight from one of the following crimes:
(a) Robbery in the first or second degree;
(b) Rape in the first or second degree;
(c) Burglary in the first or second degree or residential burglary;
(d) Kidnapping in the first degree; or
(e) Arson in the first degree;
(12) The victim was regularly employed or self-employed as a
newsreporter and the murder was committed to obstruct or hinder the
investigative, research, or reporting activities of the victim;
(13) At the time the person committed the murder, there existed a
court order, issued in this or any other state, which prohibited the
person from either contacting the victim, molesting the victim, or
disturbing the peace of the victim, and the person had knowledge of the
existence of that order;
(14) At the time the person committed the murder, the person and
the victim were "family or household members" as that term is defined
in RCW 10.99.020(((1))) (3), and the person had previously engaged in
a pattern or practice of three or more of the following crimes
committed upon the victim within a five-year period, regardless of
whether a conviction resulted:
(a) Harassment as defined in RCW 9A.46.020; or
(b) Any criminal assault;
(15) The murder was committed with sexual motivation and the victim
was under the age of sixteen;
(16) The murder was committed with sexual motivation and the victim
was incapable of consent by reason of being physically helpless or
mentally incapacitated, or was a person with a developmental
disability, a mentally disordered person, or a frail elder or
vulnerable adult.
NEW SECTION. Sec. 16 A new section is added to chapter 9.94A RCW
to read as follows:
(1) An offender shall be sentenced under this section if:
(a) He or she is not a persistent offender;
(b) He or she is convicted of a sex offense that is not sentenced
under RCW 9.94A.712; and
(c) The standard range for the sex offense includes the possibility
of confinement for more than one year.
(2) A court shall sentence an offender sentenced under this section
to:
(a) A minimum term and a maximum term. The minimum term shall be
either within the standard sentence range for the offense or outside
the standard sentence range pursuant to RCW 9.94A.535. The maximum
term shall be the statutory maximum sentence for the offense; and
(b) A term of community custody pursuant to RCW 9.94A.715 to be
served upon the offender's release from total confinement.
(3) An offender sentenced under this section shall serve his or her
sentence in a facility or institution operated, or utilized under
contract, by the state.
(4) An offender sentenced under this section shall be released
after the expiration of his or her minimum term, minus any earned
release credits the offender may have earned under RCW 9.94A.728, if
the department has determined that he or she has successfully completed
a sex offender treatment program and acknowledged that he or she is
guilty of his or her crime of conviction. However, the offender may
not be released prior to the expiration of his or her maximum term
unless the department determines that he or she has successfully
completed a sex offender treatment program and acknowledged that he or
she is guilty of his or her crime of conviction.
Sec. 17 RCW 9.95.062 and 1996 c 275 s 9 are each amended to read
as follows:
(1) Notwithstanding CrR 3.2 or RAP 7.2, an appeal by a defendant in
a criminal action shall not stay the execution of the judgment of
conviction, if the court determines by a preponderance of the evidence
that:
(a) The defendant is likely to flee or to pose a danger to the
safety of any other person or the community if the judgment is stayed;
or
(b) The delay resulting from the stay will unduly diminish the
deterrent effect of the punishment; or
(c) A stay of the judgment will cause unreasonable trauma to the
victims of the crime or their families; or
(d) The defendant has not undertaken to the extent of the
defendant's financial ability to pay the financial obligations under
the judgment or has not posted an adequate performance bond to assure
payment.
(2) An appeal by a defendant convicted of one of the following
offenses shall not stay execution of the judgment of conviction: Rape
in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a
child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076,
and 9A.44.079); sexual victimization in the first or second degree;
child molestation in the first, second, or third degree (RCW 9A.44.083,
9A.44.086, and 9A.44.089); sexual misconduct with a minor in the first
or second degree (RCW 9A.44.093 and 9A.44.096); indecent liberties (RCW
9A.44.100); incest (RCW 9A.64.020); luring (RCW 9A.40.090); any class
A or B felony that is a sexually motivated offense as defined in RCW
9.94A.030; a felony violation of RCW 9.68A.090; or any offense that is,
under chapter 9A.28 RCW, a criminal attempt, solicitation, or
conspiracy to commit one of those offenses.
(3) In case the defendant has been convicted of a felony, and has
been unable to obtain release pending the appeal by posting an appeal
bond, cash, adequate security, release on personal recognizance, or any
other conditions imposed by the court, the time the defendant has been
imprisoned pending the appeal shall be deducted from the term for which
the defendant was sentenced, if the judgment is affirmed.
Sec. 18 RCW 9.95.420 and 2002 c 174 s 1 are each amended to read
as follows:
(1)(a) Except as provided in (c) of this subsection, before the
expiration of the minimum term, as part of the end of sentence review
process under RCW 72.09.340, 72.09.345, and where appropriate,
72.09.370, the department shall conduct, and the offender shall
participate in, an examination of the offender, incorporating
methodologies that are recognized by experts in the prediction of
sexual dangerousness, and including a prediction of the probability
that the offender will engage in sex offenses if released.
(b) The board may contract for an additional, independent
examination, subject to the standards in this section.
(c) If at the time the sentence is imposed by the superior court
the offender's minimum term has expired or will expire within one
hundred twenty days of the sentencing hearing, the department shall
conduct, within ninety days of the offender's arrival at a department
of corrections facility, and the offender shall participate in, an
examination of the offender, incorporating methodologies that are
recognized by experts in the prediction of sexual dangerousness, and
including a prediction of the probability that the offender will engage
in sex offenses if released.
(2) The board shall impose the conditions and instructions provided
for in RCW 9.94A.720. The board shall consider the department's
recommendations and may impose conditions in addition to those
recommended by the department. The board may impose or modify
conditions of community custody following notice to the offender.
(3)(a) Except as provided in (b) of this subsection, no later than
ninety days before expiration of the minimum term, but after the board
receives the results from the end of sentence review process and the
recommendations for additional or modified conditions of community
custody from the department, the board shall conduct a hearing to
determine whether it is more likely than not that the offender will
engage in sex offenses if released on conditions to be set by the
board. The board may consider an offender's failure to participate in
an evaluation under subsection (1) of this section in determining
whether to release the offender. The board shall order the offender
released, under such affirmative and other conditions as the board
determines appropriate, unless the board determines by a preponderance
of the evidence that, despite such conditions, it is more likely than
not that the offender will commit sex offenses if released, that the
offender has not successfully completed a sex offender treatment
program while in the custody of the department, or that the offender
has not acknowledged that he or she is guilty of his or her crime of
conviction. If the board does not order the offender released, the
board shall establish a new minimum term, not to exceed an additional
two years.
(b) If at the time the offender's minimum term has expired or will
expire within one hundred twenty days of the offender's arrival at a
department of correction's facility, then no later than one hundred
twenty days after the offender's arrival at a department of corrections
facility, but after the board receives the results from the end of
sentence review process and the recommendations for additional or
modified conditions of community custody from the department, the board
shall conduct a hearing to determine whether it is more likely than not
that the offender will engage in sex offenses if released on conditions
to be set by the board. The board may consider an offender's failure
to participate in an evaluation under subsection (1) of this section in
determining whether to release the offender. The board shall order the
offender released, under such affirmative and other conditions as the
board determines appropriate, unless the board determines by a
preponderance of the evidence that, despite such conditions, it is more
likely than not that the offender will commit sex offenses if released,
that the offender has not successfully completed a sex offender
treatment program while in the custody of the department, or that the
offender has not acknowledged that he or she is guilty of his or her
crime of conviction. If the board does not order the offender
released, the board shall establish a new minimum term, not to exceed
an additional two years.
Sec. 19 RCW 72.09.335 and 2001 2nd sp.s. c 12 s 305 are each
amended to read as follows:
(1) The department shall provide offenders sentenced under RCW
9.94A.712 or section 16 of this act with the opportunity for sex
offender treatment during incarceration.
(2) The department may not provide sex offender treatment to an
offender who is sentenced to life without the possibility of release.
Sec. 20 RCW 9.94A.505 and 2002 c 290 s 17, 2002 c 289 s 6, and
2002 c 175 s 6 are each reenacted and amended to read as follows:
(1) When a person is convicted of a felony, the court shall impose
punishment as provided in this chapter.
(2)(a) The court shall impose a sentence as provided in the
following sections and as applicable in the case:
(i) Unless another term of confinement applies, the court shall
impose a sentence within the standard sentence range established in RCW
9.94A.510 or 9.94A.517;
(ii) RCW 9.94A.700 and 9.94A.705, relating to community placement;
(iii) RCW 9.94A.710 and 9.94A.715, relating to community custody;
(iv) RCW 9.94A.545, relating to community custody for offenders
whose term of confinement is one year or less;
(v) RCW 9.94A.570, relating to persistent offenders;
(vi) RCW 9.94A.540, relating to mandatory minimum terms;
(vii) RCW 9.94A.650, relating to the first-time offender waiver;
(viii) RCW 9.94A.660, relating to the drug offender sentencing
alternative;
(ix) RCW 9.94A.670, relating to the special sex offender sentencing
alternative;
(x) RCW 9.94A.712, relating to certain sex offenses;
(xi) RCW 9.94A.535, relating to exceptional sentences;
(xii) RCW 9.94A.589, relating to consecutive and concurrent
sentences;
(xiii) Section 16 of this act, relating to certain sex offenses.
(b) If a standard sentence range has not been established for the
offender's crime, the court shall impose a determinate sentence which
may include not more than one year of confinement; community
restitution work; until July 1, 2000, a term of community supervision
not to exceed one year and on and after July 1, 2000, a term of
community custody not to exceed one year, subject to conditions and
sanctions as authorized in RCW 9.94A.710 (2) and (3); and/or other
legal financial obligations. The court may impose a sentence which
provides more than one year of confinement if the court finds reasons
justifying an exceptional sentence as provided in RCW 9.94A.535.
(3) If the court imposes a sentence requiring confinement of thirty
days or less, the court may, in its discretion, specify that the
sentence be served on consecutive or intermittent days. A sentence
requiring more than thirty days of confinement shall be served on
consecutive days. Local jail administrators may schedule court-ordered
intermittent sentences as space permits.
(4) If a sentence imposed includes payment of a legal financial
obligation, it shall be imposed as provided in RCW 9.94A.750,
9.94A.753, 9.94A.760, and 43.43.7541.
(5) Except as provided under RCW 9.94A.750(4) and 9.94A.753(4), a
court may not impose a sentence providing for a term of confinement or
community supervision, community placement, or community custody which
exceeds the statutory maximum for the crime as provided in chapter
9A.20 RCW.
(6) The sentencing court shall give the offender credit for all
confinement time served before the sentencing if that confinement was
solely in regard to the offense for which the offender is being
sentenced.
(7) The court shall order restitution as provided in RCW 9.94A.750
and 9.94A.753.
(8) As a part of any sentence, the court may impose and enforce
crime-related prohibitions and affirmative conditions as provided in
this chapter.
(9) The court may order an offender whose sentence includes
community placement or community supervision to undergo a mental status
evaluation and to participate in available outpatient mental health
treatment, if the court finds that reasonable grounds exist to believe
that the offender is a mentally ill person as defined in RCW 71.24.025,
and that this condition is likely to have influenced the offense. An
order requiring mental status evaluation or treatment must be based on
a presentence report and, if applicable, mental status evaluations that
have been filed with the court to determine the offender's competency
or eligibility for a defense of insanity. The court may order
additional evaluations at a later date if deemed appropriate.
(10) In any sentence of partial confinement, the court may require
the offender to serve the partial confinement in work release, in a
program of home detention, on work crew, or in a combined program of
work crew and home detention.
(11) In sentencing an offender convicted of a crime of domestic
violence, as defined in RCW 10.99.020, if the offender has a minor
child, or if the victim of the offense for which the offender was
convicted has a minor child, the court may, as part of any term of
community supervision, community placement, or community custody, order
the offender to participate in a domestic violence perpetrator program
approved under RCW 26.50.150.
Sec. 21 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;
(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 was not, at the time of the offense, a person who
undertakes the responsibility, professionally or voluntarily, to
provide education, health, welfare, or organized recreational
activities principally for minors;
(g) The offender was not, at the time of the offense, a person who,
in the course of his or her employment, supervised minors; and
(h) 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. 22 RCW 9A.04.080 and 1998 c 221 s 2 are each amended to read
as follows:
(1) Prosecutions for criminal offenses shall not be commenced after
the periods prescribed in this section.
(a) The following offenses may be prosecuted at any time after
their commission:
(i) Murder;
(ii) Homicide by abuse;
(iii) Arson if a death results;
(iv) Vehicular homicide;
(v) Vehicular assault if a death results;
(vi) Hit-and-run injury-accident if a death results (RCW
46.52.020(4)).
(b) The following offenses shall not be prosecuted more than ten
years after their commission:
(i) Any felony committed by a public officer if the commission is
in connection with the duties of his or her office or constitutes a
breach of his or her public duty or a violation of the oath of office;
(ii) Arson if no death results; or
(iii) Violations of RCW 9A.44.040 ((or)), 9A.44.050, section 2 or
3 of this act if the rape is reported to a law enforcement agency
within one year of its commission; except that if the victim is under
fourteen years of age when the rape is committed and the rape is
reported to a law enforcement agency within one year of its commission,
the violation may be prosecuted up to three years after the victim's
eighteenth birthday or up to ten years after the rape's commission,
whichever is later. If a violation of RCW 9A.44.040 ((or)), 9A.44.050,
section 2 or 3 of this act is not reported within one year, the rape
may not be prosecuted: (A) More than three years after its commission
if the violation was committed against a victim fourteen years of age
or older; or (B) more than three years after the victim's eighteenth
birthday or more than seven years after the rape's commission,
whichever is later, if the violation was committed against a victim
under fourteen years of age.
(c) Violations of the following statutes shall not be prosecuted
more than three years after the victim's eighteenth birthday or more
than seven years after their commission, whichever is later: RCW
9A.44.073, 9A.44.076, 9A.44.083, 9A.44.086, 9A.44.070, 9A.44.080,
9A.44.100(1)(b), or 9A.64.020.
(d) The following offenses shall not be prosecuted more than six
years after their commission: Violations of RCW 9A.82.060 or
9A.82.080.
(e) The following offenses shall not be prosecuted more than five
years after their commission: Any class C felony under chapter 74.09,
82.36, or 82.38 RCW.
(f) Bigamy shall not be prosecuted more than three years after the
time specified in RCW 9A.64.010.
(g) A violation of RCW 9A.56.030 must not be prosecuted more than
three years after the discovery of the offense when the victim is a tax
exempt corporation under 26 U.S.C. Sec. 501(c)(3).
(h) No other felony may be prosecuted more than three years after
its commission; except that in a prosecution under RCW 9A.44.115, if
the person who was viewed, photographed, or filmed did not realize at
the time that he or she was being viewed, photographed, or filmed, the
prosecution must be commenced within two years of the time the person
who was viewed or in the photograph or film first learns that he or she
was viewed, photographed, or filmed.
(i) No gross misdemeanor may be prosecuted more than two years
after its commission.
(j) No misdemeanor may be prosecuted more than one year after its
commission.
(2) The periods of limitation prescribed in subsection (1) of this
section do not run during any time when the person charged is not
usually and publicly resident within this state.
(3) If, before the end of a period of limitation prescribed in
subsection (1) of this section, an indictment has been found or a
complaint or an information has been filed, and the indictment,
complaint, or information is set aside, then the period of limitation
is extended by a period equal to the length of time from the finding or
filing to the setting aside.
Sec. 23 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 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, 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) complete residential 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)) twenty-four hours 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 signed 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 signed 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 signed 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)(i) Any person required to register under this section who
lacks a fixed residence shall provide signed 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))) (ii) 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)) shall require the person to list
the locations and, when applicable, the complete addresses, where the
person has stayed during the last seven days and where the person plans
to stay during the forthcoming week. 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))) (iii) 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.
(b) A person with a fixed residence who is required to register
under this section shall report to the sheriff of the county of the
person's residence to update and confirm his or her registration
information once a month for offenders designated as risk level III and
twice a year for offenders designated as risk level I or II. The
requirements of this subsection shall not affect the offender's duty
under this section to notify the sheriff when his or her registration
information changes.
(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)) comply with any of the requirements of 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))
comply with any of the requirements of 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. 24 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 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, 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) complete residential 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)) twenty-four hours 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 signed 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 signed 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 signed 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)(i) Any person required to register under this section who
lacks a fixed residence shall provide signed 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))) (ii) 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)) shall require the person to list
the locations and, when applicable, the complete addresses, where the
person has stayed during the last seven days and where the person plans
to stay during the forthcoming week. 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))) (iii) 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.
(b) A person with a fixed residence who is required to register
under this section shall report to the sheriff of the county of the
person's residence to update and confirm his or her registration
information once a month for offenders designated as risk level III and
twice a year for offenders designated as risk level I or II. The
requirements of this subsection shall not affect the offender's duty
under this section to notify the sheriff when his or her registration
information changes.
(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)) comply with any of the requirements of 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))
comply with any of the requirements of 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. 25 RCW 9A.44.140 and 2002 c 25 s 1 are each amended to read
as follows:
(1) The duty to register under RCW 9A.44.130 shall end:
(a) For a person convicted of a class A felony or an offense listed
in subsection (5) of this section, or a person convicted of any sex
offense or kidnapping offense who has one or more prior convictions for
a sex offense or kidnapping offense: Such person may only be relieved
of the duty to register under subsection (3) or (4) of this section.
(b) For a person convicted of a class B felony, and the person does
not have one or more prior convictions for a sex offense or kidnapping
offense and the person's current offense is not listed in subsection
(5) of this section: Fifteen years after the last date of release from
confinement, if any, (including full-time residential treatment)
pursuant to the conviction, or entry of the judgment and sentence, if
the person has spent fifteen consecutive years in the community without
being convicted of any new offenses.
(c) For a person convicted of a class C felony, a violation of RCW
9.68A.090 or 9A.44.096, or an attempt, solicitation, or conspiracy to
commit a class C felony, and the person does not have one or more prior
convictions for a sex offense or kidnapping offense and the person's
current offense is not listed in subsection (5) of this section: Ten
years after the last date of release from confinement, if any,
(including full-time residential treatment) pursuant to the conviction,
or entry of the judgment and sentence, if the person has spent ten
consecutive years in the community without being convicted of any new
offenses.
(2) The provisions of subsection (1) of this section shall apply
equally to a person who has been found not guilty by reason of insanity
under chapter 10.77 RCW of a sex offense or kidnapping offense.
(3)(a) Except as provided in (b) of this subsection, any person
having a duty to register under RCW 9A.44.130 may petition the superior
court to be relieved of that duty, if the person has spent ten
consecutive years in the community without being convicted of any new
offenses. The petition shall be made to the court in which the
petitioner was convicted of the offense that subjects him or her to the
duty to register, or, in the case of convictions in other states, a
foreign country, or a federal or military court, to the court in
Thurston county. The prosecuting attorney of the county shall be named
and served as the respondent in any such petition. The court shall
consider the nature of the registrable offense committed, and the
criminal and relevant noncriminal behavior of the petitioner both
before and after conviction, and may consider other factors. Except as
provided in subsection (4) of this section, the court may relieve the
petitioner of the duty to register only if the petitioner shows, with
clear and convincing evidence, that future registration of the
petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200,
43.43.540, 46.20.187, 70.48.470, and 72.09.330.
(b)(i) The court may not relieve a person of the duty to register
if the person has been determined to be a sexually violent predator as
defined in RCW 71.09.020, or has been convicted of a sex offense or
kidnapping offense that is a class A felony and that was committed with
forcible compulsion on or after June 8, 2000.
(ii) The court may not relieve a person of the duty to register if
the person has been convicted of one aggravated offense or more than
one sexually violent offense, as defined in subsection (5) of this
section, and the offense or offenses were committed on or after March
12, 2002.
(c) Any person subject to (b) of this subsection or subsection (5)
of this section may petition the court to be exempted from any
community notification requirements that the person may be subject to
fifteen years after the later of the entry of the judgment and sentence
or the last date of release from confinement, including full-time
residential treatment, pursuant to the conviction, if the person has
spent the time in the community without being convicted of any new
offense.
(4) An offender having a duty to register under RCW 9A.44.130 for
a sex offense or kidnapping offense committed when the offender was a
juvenile may petition the superior court to be relieved of that duty.
The court shall consider the nature of the registrable offense
committed, and the criminal and relevant noncriminal behavior of the
petitioner both before and after adjudication, and may consider other
factors.
(a) The court may relieve the petitioner of the duty to register
for a sex offense or kidnapping offense that was committed while the
petitioner was fifteen years of age or older only if the petitioner
shows, with clear and convincing evidence, that future registration of
the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200,
43.43.540, 46.20.187, 70.48.470, and 72.09.330.
(b) The court may relieve the petitioner of the duty to register
for a sex offense or kidnapping offense that was committed while the
petitioner was under the age of fifteen if the petitioner (i) has not
been adjudicated of any additional sex offenses or kidnapping offenses
during the twenty-four months following the adjudication for the
offense giving rise to the duty to register, and (ii) proves by a
preponderance of the evidence that future registration of the
petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200,
43.43.540, 46.20.187, 70.48.470, and 72.09.330.
This subsection shall not apply to juveniles prosecuted as adults.
(5)(a) A person who has been convicted of an aggravated offense, or
has been convicted of one or more prior sexually violent offenses or
criminal offenses against a victim who is a minor, as defined in (b) of
this subsection may only be relieved of the duty to register under
subsection (3)(b) of this section. This provision shall apply to
convictions for crimes committed on or after July 22, 2001.
(b) Unless the context clearly requires otherwise, the following
definitions apply only to the federal lifetime registration
requirements under this subsection:
(i) "Aggravated offense" means an adult conviction that meets the
definition of 18 U.S.C. Sec. 2241, which is limited to the following:
(A) Any sex offense involving sexual intercourse or sexual contact
where the victim is under twelve years of age;
(B) RCW 9A.44.040 (rape in the first degree), RCW 9A.44.073 (rape
of a child in the first degree), ((or)) RCW 9A.44.083 (child
molestation in the first degree), or section 3 of this act (sexual
victimization in the second degree);
(C) Any of the following offenses when committed by forcible
compulsion or by the offender administering, by threat or force or
without the knowledge or permission of that person, a drug, intoxicant,
or other similar substance that substantially impairs the ability of
that person to appraise or control conduct: RCW 9A.44.050 (rape in the
second degree), RCW 9A.44.100 (indecent liberties), RCW 9A.44.160
(custodial sexual misconduct in the first degree), RCW 9A.64.020
(incest), or RCW 9.68A.040 (sexual exploitation of a minor);
(D) Any of the following offenses when committed by forcible
compulsion or by the offender administering, by threat or force or
without the knowledge or permission of that person, a drug, intoxicant,
or other similar substance that substantially impairs the ability of
that person to appraise or control conduct, if the victim is twelve
years of age or over but under sixteen years of age and the offender is
eighteen years of age or over and is more than forty-eight months older
than the victim: RCW 9A.44.076 (rape of a child in the second degree),
RCW 9A.44.079 (rape of a child in the third degree), RCW 9A.44.086
(child molestation in the second degree), or RCW 9A.44.089 (child
molestation in the third degree);
(E) A felony with a finding of sexual motivation under RCW
9.94A.835 where the victim is under twelve years of age or that is
committed by forcible compulsion or by the offender administering, by
threat or force or without the knowledge or permission of that person,
a drug, intoxicant, or other similar substance that substantially
impairs the ability of that person to appraise or control conduct;
(F) An offense that is, under chapter 9A.28 RCW, an attempt or
solicitation to commit such an offense; or
(G) An offense defined by federal law or the laws of another state
that is equivalent to the offenses listed in (b)(i)(A) through (F) of
this subsection.
(ii) "Sexually violent offense" means an adult conviction that
meets the definition of 42 U.S.C. Sec. 14071(a)(1)(A), which is limited
to the following:
(A) An aggravated offense;
(B) An offense that is not an aggravated offense but meets the
definition of 18 U.S.C. Sec. 2242, which is limited to RCW 9A.44.050(1)
(b) through (((f))) (e) (rape in the second degree) and RCW
9A.44.100(1) (b) through (((f))) (e) (indecent liberties);
(C) A felony with a finding of sexual motivation under RCW
9.94A.835 where the victim is incapable of appraising the nature of the
conduct or physically incapable of declining participation in, or
communicating unwillingness to engage in, the conduct;
(D) An offense that is, under chapter 9A.28 RCW, an attempt or
solicitation to commit such an offense; or
(E) An offense defined by federal law or the laws of another state
that is equivalent to the offenses listed in (b)(ii)(A) through (D) of
this subsection.
(iii) "Criminal offense against a victim who is a minor" means, in
addition to any aggravated offense or sexually violent offense where
the victim was under eighteen years of age, an adult conviction for the
following offenses where the victim is under eighteen years of age:
(A) RCW 9A.44.060 (rape in the third degree), RCW 9A.44.076 (rape
of a child in the second degree), RCW 9A.44.079 (rape of a child in the
third degree), RCW 9A.44.086 (child molestation in the second degree),
RCW 9A.44.089 (child molestation in the third degree), RCW 9A.44.093
(sexual misconduct with a minor in the first degree), RCW 9A.44.096
(sexual misconduct with a minor in the second degree), RCW 9A.44.160
(custodial sexual misconduct in the first degree), RCW 9A.64.020
(incest), RCW 9.68A.040 (sexual exploitation of a minor), RCW 9.68A.090
(communication with a minor for immoral purposes), or RCW 9.68A.100
(patronizing a juvenile prostitute);
(B) RCW 9A.40.020 (kidnapping in the first degree), RCW 9A.40.030
(kidnapping in the second degree), or RCW 9A.40.040 (unlawful
imprisonment), where the victim is a minor and the offender is not the
minor's parent;
(C) A felony with a finding of sexual motivation under RCW
9.94A.835 where the victim is a minor;
(D) An offense that is, under chapter 9A.28 RCW, an attempt or
solicitation to commit such an offense; or
(E) An offense defined by federal law or the laws of another state
that is equivalent to the offenses listed in (b)(iii)(A) through (D) of
this subsection.
(6) Unless relieved of the duty to register pursuant to this
section, a violation of RCW 9A.44.130 is an ongoing offense for
purposes of the statute of limitations under RCW 9A.04.080.
(7) Nothing in RCW 9.94A.637 relating to discharge of an offender
shall be construed as operating to relieve the offender of his or her
duty to register pursuant to RCW 9A.44.130.
(8) For purposes of determining whether a person has been convicted
of more than one sex offense, failure to register as a sex offender or
kidnapping offender is not a sex or kidnapping offense.
Sec. 26 RCW 9A.46.060 and 2004 c 94 s 4 are each amended to read
as follows:
As used in this chapter, "harassment" may include but is not
limited to any of the following crimes:
(1) Harassment (RCW 9A.46.020);
(2) Malicious harassment (RCW 9A.36.080);
(3) Telephone harassment (RCW 9.61.230);
(4) Assault in the first degree (RCW 9A.36.011);
(5) Assault of a child in the first degree (RCW 9A.36.120);
(6) Assault in the second degree (RCW 9A.36.021);
(7) Assault of a child in the second degree (RCW 9A.36.130);
(8) Assault in the fourth degree (RCW 9A.36.041);
(9) Reckless endangerment (RCW 9A.36.050);
(10) Extortion in the first degree (RCW 9A.56.120);
(11) Extortion in the second degree (RCW 9A.56.130);
(12) Coercion (RCW 9A.36.070);
(13) Burglary in the first degree (RCW 9A.52.020);
(14) Burglary in the second degree (RCW 9A.52.030);
(15) Criminal trespass in the first degree (RCW 9A.52.070);
(16) Criminal trespass in the second degree (RCW 9A.52.080);
(17) Malicious mischief in the first degree (RCW 9A.48.070);
(18) Malicious mischief in the second degree (RCW 9A.48.080);
(19) Malicious mischief in the third degree (RCW 9A.48.090);
(20) Kidnapping in the first degree (RCW 9A.40.020);
(21) Kidnapping in the second degree (RCW 9A.40.030);
(22) Unlawful imprisonment (RCW 9A.40.040);
(23) Rape in the first degree (RCW 9A.44.040);
(24) Rape in the second degree (RCW 9A.44.050);
(25) Rape in the third degree (RCW 9A.44.060);
(26) Sexual victimization in the first degree (section 2 of this
act);
(27) Sexual victimization in the second degree (section 3 of this
act);
(28) Indecent liberties (RCW 9A.44.100);
(((27))) (29) Rape of a child in the first degree (RCW 9A.44.073);
(((28))) (30) Rape of a child in the second degree (RCW 9A.44.076);
(((29))) (31) Rape of a child in the third degree (RCW 9A.44.079);
(((30))) (32) Child molestation in the first degree (RCW
9A.44.083);
(((31))) (33) Child molestation in the second degree (RCW
9A.44.086);
(((32))) (34) Child molestation in the third degree (RCW
9A.44.089);
(((33))) (35) Stalking (RCW 9A.46.110);
(((34))) (36) Cyberstalking (RCW 9.61.260);
(((35))) (37) Residential burglary (RCW 9A.52.025);
(((36))) (38) Violation of a temporary or permanent protective
order issued pursuant to chapter 9A.46, 10.14, 10.99, 26.09, or 26.50
RCW;
(((37))) (39) Unlawful discharge of a laser in the first degree
(RCW 9A.49.020); and
(((38))) (40) Unlawful discharge of a laser in the second degree
(RCW 9A.49.030).
Sec. 27 RCW 9.94A.411 and 2000 c 119 s 28 and 2000 c 28 s 17 are
each reenacted and amended to read as follows:
(1) Decision not to prosecute.
STANDARD: A prosecuting attorney may decline to prosecute, even
though technically sufficient evidence to prosecute exists, in
situations where prosecution would serve no public purpose, would
defeat the underlying purpose of the law in question or would result in
decreased respect for the law.
GUIDELINE/COMMENTARY:
Examples
The following are examples of reasons not to prosecute which could
satisfy the standard.
(a) Contrary to Legislative Intent - It may be proper to decline to
charge where the application of criminal sanctions would be clearly
contrary to the intent of the legislature in enacting the particular
statute.
(b) Antiquated Statute - It may be proper to decline to charge
where the statute in question is antiquated in that:
(i) It has not been enforced for many years; and
(ii) Most members of society act as if it were no longer in
existence; and
(iii) It serves no deterrent or protective purpose in today's
society; and
(iv) The statute has not been recently reconsidered by the
legislature.
This reason is not to be construed as the basis for declining cases
because the law in question is unpopular or because it is difficult to
enforce.
(c) De Minimis Violation - It may be proper to decline to charge
where the violation of law is only technical or insubstantial and where
no public interest or deterrent purpose would be served by prosecution.
(d) Confinement on Other Charges - It may be proper to decline to
charge because the accused has been sentenced on another charge to a
lengthy period of confinement; and
(i) Conviction of the new offense would not merit any additional
direct or collateral punishment;
(ii) The new offense is either a misdemeanor or a felony which is
not particularly aggravated; and
(iii) Conviction of the new offense would not serve any significant
deterrent purpose.
(e) Pending Conviction on Another Charge - It may be proper to
decline to charge because the accused is facing a pending prosecution
in the same or another county; and
(i) Conviction of the new offense would not merit any additional
direct or collateral punishment;
(ii) Conviction in the pending prosecution is imminent;
(iii) The new offense is either a misdemeanor or a felony which is
not particularly aggravated; and
(iv) Conviction of the new offense would not serve any significant
deterrent purpose.
(f) High Disproportionate Cost of Prosecution - It may be proper to
decline to charge where the cost of locating or transporting, or the
burden on, prosecution witnesses is highly disproportionate to the
importance of prosecuting the offense in question. This reason should
be limited to minor cases and should not be relied upon in serious
cases.
(g) Improper Motives of Complainant - It may be proper to decline
charges because the motives of the complainant are improper and
prosecution would serve no public purpose, would defeat the underlying
purpose of the law in question or would result in decreased respect for
the law.
(h) Immunity - It may be proper to decline to charge where immunity
is to be given to an accused in order to prosecute another where the
accused's information or testimony will reasonably lead to the
conviction of others who are responsible for more serious criminal
conduct or who represent a greater danger to the public interest.
(i) Victim Request - It may be proper to decline to charge because
the victim requests that no criminal charges be filed and the case
involves the following crimes or situations:
(i) Assault cases where the victim has suffered little or no
injury;
(ii) Crimes against property, not involving violence, where no
major loss was suffered;
(iii) Where doing so would not jeopardize the safety of society.
Care should be taken to insure that the victim's request is freely
made and is not the product of threats or pressure by the accused.
The presence of these factors may also justify the decision to
dismiss a prosecution which has been commenced.
Notification
The prosecutor is encouraged to notify the victim, when practical,
and the law enforcement personnel, of the decision not to prosecute.
(2) Decision to prosecute.
(a) STANDARD:
Crimes against persons will be filed if sufficient admissible
evidence exists, which, when considered with the most plausible,
reasonably foreseeable defense that could be raised under the evidence,
would justify conviction by a reasonable and objective fact-finder.
With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, section
2 of this act, section 3 of this act, 9A.44.073, 9A.44.076, 9A.44.079,
9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should
avoid prefiling agreements or diversions intended to place the accused
in a program of treatment or counseling, so that treatment, if
determined to be beneficial, can be provided pursuant to RCW 9.94A.670.
Crimes against property/other crimes will be filed if the
admissible evidence is of such convincing force as to make it probable
that a reasonable and objective fact-finder would convict after hearing
all the admissible evidence and the most plausible defense that could
be raised.
See table below for the crimes within these categories.
Sec. 28 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. 29 RCW 9A.28.020 and 2001 2nd sp.s. c 12 s 354 are each
amended to read as follows:
(1) A person is guilty of an attempt to commit a crime if, with
intent to commit a specific crime, he or she does any act which is a
substantial step toward the commission of that crime.
(2) If the conduct in which a person engages otherwise constitutes
an attempt to commit a crime, it is no defense to a prosecution of such
attempt that the crime charged to have been attempted was, under the
attendant circumstances, factually or legally impossible of commission.
(3) An attempt to commit a crime is a:
(a) Class A felony when the crime attempted is murder in the first
degree, murder in the second degree, arson in the first degree, child
molestation in the first degree, indecent liberties by forcible
compulsion, rape in the first degree, rape in the second degree, sexual
victimization in the first degree, sexual victimization in the second
degree, rape of a child in the first degree, or rape of a child in the
second degree;
(b) Class B felony when the crime attempted is a class A felony
other than an offense listed in (a) of this subsection;
(c) Class C felony when the crime attempted is a class B felony;
(d) Gross misdemeanor when the crime attempted is a class C felony;
(e) Misdemeanor when the crime attempted is a gross misdemeanor or
misdemeanor.
Sec. 30 RCW 9A.32.030 and 1990 c 200 s 1 are each amended to read
as follows:
(1) A person is guilty of murder in the first degree when:
(a) With a premeditated intent to cause the death of another
person, he or she causes the death of such person or of a third person;
or
(b) Under circumstances manifesting an extreme indifference to
human life, he or she engages in conduct which creates a grave risk of
death to any person, and thereby causes the death of a person; or
(c) He or she commits or attempts to commit the crime of either (1)
robbery in the first or second degree, (2) rape in the first or second
degree, (3) sexual victimization in the first or second degree, (4)
burglary in the first degree, (((4))) (5) arson in the first or second
degree, or (((5))) (6) kidnapping in the first or second degree, and in
the course of or in furtherance of such crime or in immediate flight
therefrom, he or she, or another participant, causes the death of a
person other than one of the participants: Except that in any
prosecution under this subdivision (1)(c) in which the defendant was
not the only participant in the underlying crime, if established by the
defendant by a preponderance of the evidence, it is a defense that the
defendant:
(i) Did not commit the homicidal act or in any way solicit,
request, command, importune, cause, or aid the commission thereof; and
(ii) Was not armed with a deadly weapon, or any instrument,
article, or substance readily capable of causing death or serious
physical injury; and
(iii) Had no reasonable grounds to believe that any other
participant was armed with such a weapon, instrument, article, or
substance; and
(iv) Had no reasonable grounds to believe that any other
participant intended to engage in conduct likely to result in death or
serious physical injury.
(2) Murder in the first degree is a class A felony.
Sec. 31 RCW 10.64.025 and 1996 c 275 s 10 are each amended to
read as follows:
(1) A defendant who has been found guilty of a felony and is
awaiting sentencing shall be detained unless the court finds by clear
and convincing evidence that the defendant is not likely to flee or to
pose a danger to the safety of any other person or the community if
released. Any bail bond that was posted on behalf of a defendant
shall, upon the defendant's conviction, be exonerated.
(2) A defendant who has been found guilty of one of the following
offenses shall be detained pending sentencing: Rape in the first or
second degree (RCW 9A.44.040 and 9A.44.050); sexual victimization in
the first or second degree (section 2 and 3 of this act); rape of a
child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076,
and 9A.44.079); child molestation in the first, second, or third degree
(RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a
minor in the first or second degree (RCW 9A.44.093 and 9A.44.096);
indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW
9A.40.090); any class A or B felony that is a sexually motivated
offense as defined in RCW 9.94A.030; a felony violation of RCW
9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal
attempt, solicitation, or conspiracy to commit one of those offenses.
Sec. 32 RCW 10.99.020 and 2004 c 18 s 2 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Agency" means a general authority Washington law enforcement
agency as defined in RCW 10.93.020.
(2) "Association" means the Washington association of sheriffs and
police chiefs.
(3) "Family or household members" means spouses, former spouses,
persons who have a child in common regardless of whether they have been
married or have lived together at any time, adult persons related by
blood or marriage, adult persons who are presently residing together or
who have resided together in the past, persons sixteen years of age or
older who are presently residing together or who have resided together
in the past and who have or have had a dating relationship, persons
sixteen years of age or older with whom a person sixteen years of age
or older has or has had a dating relationship, and persons who have a
biological or legal parent-child relationship, including stepparents
and stepchildren and grandparents and grandchildren.
(4) "Dating relationship" has the same meaning as in RCW 26.50.010.
(5) "Domestic violence" includes but is not limited to any of the
following crimes when committed by one family or household member
against another:
(a) Assault in the first degree (RCW 9A.36.011);
(b) Assault in the second degree (RCW 9A.36.021);
(c) Assault in the third degree (RCW 9A.36.031);
(d) Assault in the fourth degree (RCW 9A.36.041);
(e) Drive-by shooting (RCW 9A.36.045);
(f) Reckless endangerment (RCW 9A.36.050);
(g) Coercion (RCW 9A.36.070);
(h) Burglary in the first degree (RCW 9A.52.020);
(i) Burglary in the second degree (RCW 9A.52.030);
(j) Criminal trespass in the first degree (RCW 9A.52.070);
(k) Criminal trespass in the second degree (RCW 9A.52.080);
(l) Malicious mischief in the first degree (RCW 9A.48.070);
(m) Malicious mischief in the second degree (RCW 9A.48.080);
(n) Malicious mischief in the third degree (RCW 9A.48.090);
(o) Kidnapping in the first degree (RCW 9A.40.020);
(p) Kidnapping in the second degree (RCW 9A.40.030);
(q) Unlawful imprisonment (RCW 9A.40.040);
(r) Violation of the provisions of a restraining order, no-contact
order, or protection order restraining or enjoining the person or
restraining the person from going onto the grounds of or entering a
residence, workplace, school, or day care, or prohibiting the person
from knowingly coming within, or knowingly remaining within, a
specified distance of a location (RCW 10.99.040, 10.99.050, 26.09.300,
26.10.220, 26.26.138, 26.44.063, 26.44.150, 26.50.060, 26.50.070,
26.50.130, 26.52.070, or 74.34.145);
(s) Rape in the first degree (RCW 9A.44.040);
(t) Rape in the second degree (RCW 9A.44.050);
(u) Sexual victimization in the first degree (section 2 of this
act);
(v) Sexual victimization in the second degree (section 3 of this
act);
(w) Residential burglary (RCW 9A.52.025);
(((v))) (x) Stalking (RCW 9A.46.110); and
(((w))) (y) Interference with the reporting of domestic violence
(RCW 9A.36.150).
(6) "Employee" means any person currently employed with an agency.
(7) "Sworn employee" means a general authority Washington peace
officer as defined in RCW 10.93.020, any person appointed under RCW
35.21.333, and any person appointed or elected to carry out the duties
of the sheriff under chapter 36.28 RCW.
(8) "Victim" means a family or household member who has been
subjected to domestic violence.
Sec. 33 RCW 13.40.0357 and 2004 c 117 s 1 are each amended to
read as follows:
| DESCRIPTION AND OFFENSE CATEGORY | ||||
| JUVENILE DISPOSITION OFFENSE CATEGORY | DESCRIPTION (RCW CITATION) | JUVENILE DISPOSITION CATEGORY FOR ATTEMPT, BAILJUMP, CONSPIRACY, OR SOLICITATION | ||
| . . . . . . . . . . . . | ||||
| Arson and Malicious Mischief | ||||
| A | Arson 1 (9A.48.020) | B+ | ||
| B | Arson 2 (9A.48.030) | C | ||
| C | Reckless Burning 1 (9A.48.040) | D | ||
| D | Reckless Burning 2 (9A.48.050) | E | ||
| B | Malicious Mischief 1 (9A.48.070) | C | ||
| C | Malicious Mischief 2 (9A.48.080) | D | ||
| D | Malicious Mischief 3 (9A.48.090(2) (a) and (c)) | E | ||
| E | Malicious Mischief 3 (9A.48.090(2)(b)) | E | ||
| E | Tampering with Fire Alarm Apparatus (9.40.100) | E | ||
| E | Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105) | E | ||
| A | Possession of Incendiary Device (9.40.120) | B+ | ||
| Assault and Other Crimes Involving Physical Harm | ||||
| A | Assault 1 (9A.36.011) | B+ | ||
| B+ | Assault 2 (9A.36.021) | C+ | ||
| C+ | Assault 3 (9A.36.031) | D+ | ||
| D+ | Assault 4 (9A.36.041) | E | ||
| B+ | Drive-By Shooting (9A.36.045) | C+ | ||
| D+ | Reckless Endangerment (9A.36.050) | E | ||
| C+ | Promoting Suicide Attempt (9A.36.060) | D+ | ||
| D+ | Coercion (9A.36.070) | E | ||
| C+ | Custodial Assault (9A.36.100) | D+ | ||
| Burglary and Trespass | ||||
| B+ | Burglary 1 (9A.52.020) | C+ | ||
| B | Residential Burglary (9A.52.025) | C | ||
| B | Burglary 2 (9A.52.030) | C | ||
| D | Burglary Tools (Possession of) (9A.52.060) | E | ||
| D | Criminal Trespass 1 (9A.52.070) | E | ||
| E | Criminal Trespass 2 (9A.52.080) | E | ||
| C | Mineral Trespass (78.44.330) | C | ||
| C | Vehicle Prowling 1 (9A.52.095) | D | ||
| D | Vehicle Prowling 2 (9A.52.100) | E | ||
| Drugs | ||||
| E | Possession/Consumption of Alcohol (66.44.270) | E | ||
| C | Illegally Obtaining Legend Drug (69.41.020) | D | ||
| C+ | Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a)) | D+ | ||
| E | Possession of Legend Drug (69.41.030(2)(b)) | E | ||
| B+ | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b)) | B+ | ||
| C | Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c)) | C | ||
| E | Possession of Marihuana <40 grams (69.50.4014) | E | ||
| C | Fraudulently Obtaining Controlled Substance (69.50.403) | C | ||
| C+ | Sale of Controlled Substance for Profit (69.50.410) | C+ | ||
| E | Unlawful Inhalation (9.47A.020) | E | ||
| B | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b)) | B | ||
| C | Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e)) | C | ||
| C | Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013) | C | ||
| C | Violation of Uniform Controlled Substances
Act - Possession of a Controlled Substance
(69.50.4012) | C | ||
| Firearms and Weapons | ||||
| B | Theft of Firearm (9A.56.300) | C | ||
| B | Possession of Stolen Firearm (9A.56.310) | C | ||
| E | Carrying Loaded Pistol Without Permit (9.41.050) | E | ||
| C | Possession of Firearms by Minor (<18) (9.41.040(2)(a)(iii)) | C | ||
| D+ | Possession of Dangerous Weapon (9.41.250) | E | ||
| D | Intimidating Another Person by use of
Weapon (9.41.270) | E | ||
| Homicide | ||||
| A+ | Murder 1 (9A.32.030) | A | ||
| A+ | Murder 2 (9A.32.050) | B+ | ||
| B+ | Manslaughter 1 (9A.32.060) | C+ | ||
| C+ | Manslaughter 2 (9A.32.070) | D+ | ||
| B+ | Vehicular Homicide (46.61.520) | C+ | ||
| Kidnapping | ||||
| A | Kidnap 1 (9A.40.020) | B+ | ||
| B+ | Kidnap 2 (9A.40.030) | C+ | ||
| C+ | Unlawful Imprisonment (9A.40.040) | D+ | ||
| Obstructing Governmental Operation | ||||
| D | Obstructing a Law Enforcement Officer (9A.76.020) | E | ||
| E | Resisting Arrest (9A.76.040) | E | ||
| B | Introducing Contraband 1 (9A.76.140) | C | ||
| C | Introducing Contraband 2 (9A.76.150) | D | ||
| E | Introducing Contraband 3 (9A.76.160) | E | ||
| B+ | Intimidating a Public Servant (9A.76.180) | C+ | ||
| B+ | Intimidating a Witness (9A.72.110) | C+ | ||
| Public Disturbance | ||||
| C+ | Riot with Weapon (9A.84.010(2)(b)) | D+ | ||
| D+ | Riot Without Weapon (9A.84.010(2)(a)) | E | ||
| E | Failure to Disperse (9A.84.020) | E | ||
| E | Disorderly Conduct (9A.84.030) | E | ||
| Sex Crimes | ||||
| A | Rape 1 (9A.44.040) | B+ | ||
| A- | Rape 2 (9A.44.050) | B+ | ||
| C+ | Rape 3 (9A.44.060) | D+ | ||
| A | Sexual Victimization 1 | B+ | ||
| A | Sexual Victimization 2 | B+ | ||
| A- | Rape of a Child 1 (9A.44.073) | B+ | ||
| B+ | Rape of a Child 2 (9A.44.076) | C+ | ||
| B | Incest 1 (9A.64.020(1)) | C | ||
| C | Incest 2 (9A.64.020(2)) | D | ||
| D+ | Indecent Exposure (Victim <14) (9A.88.010) | E | ||
| E | Indecent Exposure (Victim 14 or over) (9A.88.010) | E | ||
| B+ | Promoting Prostitution 1 (9A.88.070) | C+ | ||
| C+ | Promoting Prostitution 2 (9A.88.080) | D+ | ||
| E | O & A (Prostitution) (9A.88.030) | E | ||
| B+ | Indecent Liberties (9A.44.100) | C+ | ||
| A- | Child Molestation 1 (9A.44.083) | B+ | ||
| B | Child Molestation 2 (9A.44.086) | C+ | ||
| Theft, Robbery, Extortion, and Forgery | ||||
| B | Theft 1 (9A.56.030) | C | ||
| C | Theft 2 (9A.56.040) | D | ||
| D | Theft 3 (9A.56.050) | E | ||
| B | Theft of Livestock 1 and 2 (9A.56.080 and 9A.56.083) | C | ||
| C | Forgery (9A.60.020) | D | ||
| A | Robbery 1 (9A.56.200) | B+ | ||
| B+ | Robbery 2 (9A.56.210) | C+ | ||
| B+ | Extortion 1 (9A.56.120) | C+ | ||
| C+ | Extortion 2 (9A.56.130) | D+ | ||
| C | Identity Theft 1 (9.35.020(2)) | D | ||
| D | Identity Theft 2 (9.35.020(3)) | E | ||
| D | Improperly Obtaining Financial Information (9.35.010) | E | ||
| B | Possession of Stolen Property 1 (9A.56.150) | C | ||
| C | Possession of Stolen Property 2 (9A.56.160) | D | ||
| D | Possession of Stolen Property 3 (9A.56.170) | E | ||
| C | Taking Motor Vehicle Without Permission
1 and 2 (9A.56.070 and 9A.56.075) | D | ||
| Motor Vehicle Related Crimes | ||||
| E | Driving Without a License (46.20.005) | E | ||
| B+ | Hit and Run - Death (46.52.020(4)(a)) | C+ | ||
| C | Hit and Run - Injury (46.52.020(4)(b)) | D | ||
| D | Hit and Run-Attended (46.52.020(5)) | E | ||
| E | Hit and Run-Unattended (46.52.010) | E | ||
| C | Vehicular Assault (46.61.522) | D | ||
| C | Attempting to Elude Pursuing Police Vehicle (46.61.024) | D | ||
| E | Reckless Driving (46.61.500) | E | ||
| D | Driving While Under the Influence
(46.61.502 and 46.61.504) | E | ||
| Other | ||||
| B | Animal Cruelty 1 (16.52.205) | C | ||
| B | Bomb Threat (9.61.160) | C | ||
| C | Escape 11 (9A.76.110) | C | ||
| C | Escape 21 (9A.76.120) | C | ||
| D | Escape 3 (9A.76.130) | E | ||
| E | Obscene, Harassing, Etc., Phone Calls (9.61.230) | E | ||
| A | Other Offense Equivalent to an Adult Class A Felony | B+ | ||
| B | Other Offense Equivalent to an Adult Class B Felony | C | ||
| C | Other Offense Equivalent to an Adult Class C Felony | D | ||
| D | Other Offense Equivalent to an Adult Gross Misdemeanor | E | ||
| E | Other Offense Equivalent to an Adult Misdemeanor | E | ||
| V | Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 | V | ||
| OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE | ||||||||||
A+ | 180 WEEKS TO AGE 21 YEARS | |||||||||
| A | 103 WEEKS TO 129 WEEKS | |||||||||
| A- | 15-36 | 52-65 | 80-100 | 103-129 | ||||||
| WEEKS | WEEKS | WEEKS | WEEKS | |||||||
| EXCEPT | ||||||||||
| 30-40 | ||||||||||
| WEEKS FOR | ||||||||||
| 15-17 | ||||||||||
| YEAR OLDS | ||||||||||
| Current | B+ | 15-36 | 52-65 | 80-100 | 103-129 | |||||
| Offense | WEEKS | WEEKS | WEEKS | WEEKS | ||||||
| Category | ||||||||||
| B | LOCAL | 52-65 | ||||||||
| SANCTIONS (LS) | 15-36 WEEKS | WEEKS | ||||||||
| C+ | LS | |||||||||
| 15-36 WEEKS | ||||||||||
| C | LS | 15-36 WEEKS | ||||||||
| Local Sanctions: | ||||||||||
| 0 to 30 Days | ||||||||||
| D+ | LS | 0 to 12 Months Community Supervision | ||||||||
| 0 to 150 Hours Community Restitution | ||||||||||
| D | LS | $0 to $500 Fine | ||||||||
| E | LS | |||||||||
| 0 | 1 | 2 | 3 | 4 or more | ||||||
| PRIOR ADJUDICATIONS | ||||||||||
Sec. 34 RCW 13.40.040 and 2002 c 171 s 2 are each amended to read
as follows:
(1) A juvenile may be taken into custody:
(a) Pursuant to a court order if a complaint is filed with the
court alleging, and the court finds probable cause to believe, that the
juvenile has committed an offense or has violated terms of a
disposition order or release order; or
(b) Without a court order, by a law enforcement officer if grounds
exist for the arrest of an adult in identical circumstances. Admission
to, and continued custody in, a court detention facility shall be
governed by subsection (2) of this section; or
(c) Pursuant to a court order that the juvenile be held as a
material witness; or
(d) Where the secretary or the secretary's designee has suspended
the parole of a juvenile offender.
(2) A juvenile may not be held in detention unless there is
probable cause to believe that:
(a) The juvenile has committed an offense or has violated the terms
of a disposition order; and
(i) The juvenile will likely fail to appear for further
proceedings; or
(ii) Detention is required to protect the juvenile from himself or
herself; or
(iii) The juvenile is a threat to community safety; or
(iv) The juvenile will intimidate witnesses or otherwise unlawfully
interfere with the administration of justice; or
(v) The juvenile has committed a crime while another case was
pending; or
(b) The juvenile is a fugitive from justice; or
(c) The juvenile's parole has been suspended or modified; or
(d) The juvenile is a material witness.
(3) Notwithstanding subsection (2) of this section, and within
available funds, a juvenile who has been found guilty of one of the
following offenses shall be detained pending disposition: Rape in the
first or second degree (RCW 9A.44.040 and 9A.44.050); sexual
victimization in the first or second degree (sections 2 and 3 of this
act); or rape of a child in the first degree (RCW 9A.44.073).
(4) Upon a finding that members of the community have threatened
the health of a juvenile taken into custody, at the juvenile's request
the court may order continued detention pending further order of the
court.
(5) Except as provided in RCW 9.41.280, a juvenile detained under
this section may be released upon posting a probation bond set by the
court. The juvenile's parent or guardian may sign for the probation
bond. A court authorizing such a release shall issue an order
containing a statement of conditions imposed upon the juvenile and
shall set the date of his or her next court appearance. The court
shall advise the juvenile of any conditions specified in the order and
may at any time amend such an order in order to impose additional or
different conditions of release upon the juvenile or to return the
juvenile to custody for failing to conform to the conditions imposed.
In addition to requiring the juvenile to appear at the next court date,
the court may condition the probation bond on the juvenile's compliance
with conditions of release. The juvenile's parent or guardian may
notify the court that the juvenile has failed to conform to the
conditions of release or the provisions in the probation bond. If the
parent notifies the court of the juvenile's failure to comply with the
probation bond, the court shall notify the surety. As provided in the
terms of the bond, the surety shall provide notice to the court of the
offender's noncompliance. A juvenile may be released only to a
responsible adult or the department of social and health services.
Failure to appear on the date scheduled by the court pursuant to this
section shall constitute the crime of bail jumping.
Sec. 35 RCW 13.40.077 and 1997 c 338 s 18 are each amended to
read as follows:
Sec. 36 RCW 43.43.830 and 2005 c 421 s 1 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout RCW 43.43.830 through 43.43.845.
(1) "Applicant" means:
(a) Any prospective employee who will or may have unsupervised
access to children under sixteen years of age or developmentally
disabled persons or vulnerable adults during the course of his or her
employment or involvement with the business or organization;
(b) Any prospective volunteer who will have regularly scheduled
unsupervised access to children under sixteen years of age,
developmentally disabled persons, or vulnerable adults during the
course of his or her employment or involvement with the business or
organization under circumstances where such access will or may involve
groups of (i) five or fewer children under twelve years of age, (ii)
three or fewer children between twelve and sixteen years of age, (iii)
developmentally disabled persons, or (iv) vulnerable adults;
(c) Any prospective adoptive parent, as defined in RCW 26.33.020;
or
(d) Any prospective custodian in a nonparental custody proceeding
under chapter 26.10 RCW.
(2) "Business or organization" means a business or organization
licensed in this state, any agency of the state, or other governmental
entity, that educates, trains, treats, supervises, houses, or provides
recreation to developmentally disabled persons, vulnerable adults, or
children under sixteen years of age, including but not limited to
public housing authorities, school districts, and educational service
districts.
(3) "Civil adjudication proceeding" is a judicial or administrative
adjudicative proceeding that results in a finding of, or upholds an
agency finding of, domestic violence, abuse, sexual abuse, neglect, or
exploitation or financial exploitation of a child or vulnerable adult
under chapter 13.34, 26.44, or 74.34 RCW, or rules adopted under
chapters 18.51 and 74.42 RCW. "Civil adjudication proceeding" also
includes judicial or administrative orders that become final due to the
failure of the alleged perpetrator to timely exercise a right afforded
to him or her to administratively challenge findings made by the
department of social and health services or the department of health
under chapter 13.34, 26.44, or 74.34 RCW, or rules adopted under
chapters 18.51 and 74.42 RCW.
(4) "Conviction record" means "conviction record" information as
defined in RCW 10.97.030 and 10.97.050 relating to a crime committed by
either an adult or a juvenile. It does not include a conviction for an
offense that has been the subject of an expungement, pardon, annulment,
certificate of rehabilitation, or other equivalent procedure based on
a finding of the rehabilitation of the person convicted, or a
conviction that has been the subject of a pardon, annulment, or other
equivalent procedure based on a finding of innocence. It does include
convictions for offenses for which the defendant received a deferred or
suspended sentence, unless the record has been expunged according to
law.
(5) "Crime against children or other persons" means a conviction of
any of the following offenses: Aggravated murder; first or second
degree murder; first or second degree kidnaping; first, second, or
third degree assault; first, second, or third degree assault of a
child; first, second, or third degree rape; first or second degree
sexual victimization; first, second, or third degree rape of a child;
first or second degree robbery; first degree arson; first degree
burglary; first or second degree manslaughter; first or second degree
extortion; indecent liberties; incest; vehicular homicide; first degree
promoting prostitution; communication with a minor; unlawful
imprisonment; simple assault; sexual exploitation of minors; first or
second degree criminal mistreatment; endangerment with a controlled
substance; child abuse or neglect as defined in RCW 26.44.020; first or
second degree custodial interference; first or second degree custodial
sexual misconduct; malicious harassment; first, second, or third degree
child molestation; first or second degree sexual misconduct with a
minor; patronizing a juvenile prostitute; child abandonment; promoting
pornography; selling or distributing erotic material to a minor;
custodial assault; violation of child abuse restraining order; child
buying or selling; prostitution; felony indecent exposure; criminal
abandonment; or any of these crimes as they may be renamed in the
future.
(6) "Crimes relating to drugs" means a conviction of a crime to
manufacture, delivery, or possession with intent to manufacture or
deliver a controlled substance.
(7) "Crimes relating to financial exploitation" means a conviction
for first, second, or third degree extortion; first, second, or third
degree theft; first or second degree robbery; forgery; or any of these
crimes as they may be renamed in the future.
(8) "Unsupervised" means not in the presence of:
(a) Another employee or volunteer from the same business or
organization as the applicant; or
(b) Any relative or guardian of any of the children or
developmentally disabled persons or vulnerable adults to which the
applicant has access during the course of his or her employment or
involvement with the business or organization.
(9) "Vulnerable adult" means "vulnerable adult" as defined in
chapter 74.34 RCW, except that for the purposes of requesting and
receiving background checks pursuant to RCW 43.43.832, it shall also
include adults of any age who lack the functional, mental, or physical
ability to care for themselves.
(10) "Financial exploitation" means "financial exploitation" as
defined in RCW 74.34.020.
(11) "Agency" means any person, firm, partnership, association,
corporation, or facility which receives, provides services to, houses
or otherwise cares for vulnerable adults.
NEW SECTION. Sec. 37 The sum of . . . . . . dollars, or as much
thereof as may be necessary, is appropriated from the general fund to
the office of the attorney general for the fiscal year ending June 30,
2007, to carry out a public education and awareness campaign regarding
sex offenders and kidnapping offenders. The campaign must include, but
not be limited to, public service announcements and educational
materials to be distributed to public and private schools, preschools,
day-care centers, public libraries, and any other place where children
and vulnerable adults regularly congregate.
NEW SECTION. Sec. 38 (1) Sections 9 and 11 of this act expire
July 1, 2006.
(2) Section 23 of this act expires September 1, 2006.
NEW SECTION. Sec. 39 (1) Sections 10 and 12 of this act take
effect July 1, 2006.
(2) Section 24 of this act takes effect September 1, 2006.