BILL REQ. #:  H-0047.2 

Read first time 01/16/09.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to protecting the public from sex offenders released into the community; amending RCW 72.09.340, 72.09.270, 72.09.712, 9.94A.703, and 9.94A.540; reenacting and amending RCW 9.94A.515; adding a new section to chapter 72.09 RCW; adding a new section to chapter 9A.76 RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 72.09.340 and 2005 c 436 s 3 are each amended to read as follows:
     (1) In making all discretionary decisions regarding release plans for and supervision of sex offenders, the department shall set priorities and make decisions based on an assessment of public safety risks.
     (2) The department shall, no later than September 1, 1996, implement a policy governing the department's evaluation and approval of release plans for sex offenders. The policy shall include, at a minimum, a formal process by which victims, witnesses, and other interested people may provide information and comments to the department on potential safety risks to specific individuals or classes of individuals posed by a specific sex offender. The department shall make all reasonable efforts to publicize the availability of this process through currently existing mechanisms and shall seek the assistance of courts, prosecutors, law enforcement, and victims' advocacy groups in doing so. Notice of an offender's proposed residence shall be provided to all people registered to receive notice of an offender's release under RCW ((9.94A.612)) 72.09.712(2), except that in no case may this notification requirement be construed to require an extension of an offender's release date.
     (3)(a) For any offender convicted of a felony sex offense ((against a minor victim)) after June 6, 1996, the department shall not approve a residence location if the proposed residence: (i) Includes a minor victim or child of similar age or circumstance as a previous victim who the department determines may be put at substantial risk of harm by the offender's residence in the household; or (ii) is within ((close proximity)) fifty miles of, or is in the same county as, the current residence of a ((minor)) victim, unless the whereabouts of the ((minor)) victim cannot be determined or unless such a restriction would impede family reunification efforts ordered by the court or directed by the department of social and health services. The department is further authorized to reject a residence location for an offender convicted of a felony sex offense against a minor victim if the proposed residence is within close proximity to schools, child care centers, playgrounds, or other grounds or facilities where children of similar age or circumstance as a previous victim are present who the department determines may be put at substantial risk of harm by the sex offender's residence at that location.
     (b) In addition, for any offender prohibited from living in a community protection zone under RCW ((9.94A.712(6)(a)(ii))) 9.94A.703(1)(c), the department may not approve a residence location if the proposed residence is in a community protection zone.
     (4) When the department requires supervised visitation as a term or condition of a sex offender's community placement under RCW ((9.94A.700)) 9.94B.050(6), the department shall, prior to approving a supervisor, consider the following:
     (a) The relationships between the proposed supervisor, the offender, and the minor; (b) the proposed supervisor's acknowledgment and understanding of the offender's prior criminal conduct, general knowledge of the dynamics of child sexual abuse, and willingness and ability to protect the minor from the potential risks posed by contact with the offender; and (c) recommendations made by the department of social and health services about the best interests of the child.

Sec. 2   RCW 72.09.270 and 2008 c 231 s 48 are each amended to read as follows:
     (1) The department of corrections shall develop an individual reentry plan as defined in RCW 72.09.015 for every offender who is committed to the jurisdiction of the department except:
     (a) Offenders who are sentenced to life without the possibility of release or sentenced to death under chapter 10.95 RCW; and
     (b) Offenders who are subject to the provisions of 8 U.S.C. Sec. 1227.
     (2) The individual reentry plan may be one document, or may be a series of individual plans that combine to meet the requirements of this section.
     (3) In developing individual reentry plans, the department shall assess all offenders using standardized and comprehensive tools to identify the criminogenic risks, programmatic needs, and educational and vocational skill levels for each offender. The assessment tool should take into account demographic biases, such as culture, age, and gender, as well as the needs of the offender, including any learning disabilities, substance abuse or mental health issues, and social or behavior deficits.
     (4)(a) The initial assessment shall be conducted as early as sentencing, but, whenever possible, no later than forty-five days of being sentenced to the jurisdiction of the department of corrections.
     (b) The offender's individual reentry plan shall be developed as soon as possible after the initial assessment is conducted, but, whenever possible, no later than sixty days after completion of the assessment, and shall be periodically reviewed and updated as appropriate.
     (5) The individual reentry plan shall, at a minimum, include:
     (a) A plan to maintain contact with the inmate's children and family, if appropriate. The plan should determine whether parenting classes, or other services, are appropriate to facilitate successful reunification with the offender's children and family;
     (b) An individualized portfolio for each offender that includes the offender's education achievements, certifications, employment, work experience, skills, and any training received prior to and during incarceration; and
     (c) A plan for the offender during the period of incarceration through reentry into the community that addresses the needs of the offender including education, employment, substance abuse treatment, mental health treatment, family reunification, and other areas which are needed to facilitate a successful reintegration into the community.
     (6)(a) Prior to discharge of any offender, the department shall:
     (i) Evaluate the offender's needs and, to the extent possible, connect the offender with existing services and resources that meet those needs; and
     (ii) Connect the offender with a community justice center and/or community transition coordination network in the area in which the offender will be residing once released from the correctional system if one exists.
     (b) If the department recommends partial confinement in an offender's individual reentry plan, the department shall maximize the period of partial confinement for the offender as allowed pursuant to RCW 9.94A.728 to facilitate the offender's transition to the community.
     (7) The department shall establish mechanisms for sharing information from individual reentry plans to those persons involved with the offender's treatment, programming, and reentry, when deemed appropriate. When feasible, this information shall be shared electronically.
     (8)(a) Except as provided in RCW 72.09.340(3)(a)(ii), in determining the county of discharge for an offender released to community custody, the department may not approve a residence location that is not in the offender's county of origin unless it is determined by the department that the offender's return to his or her county of origin would be inappropriate considering any court-ordered condition of the offender's sentence, victim safety concerns, negative influences on the offender in the community, or the location of family or other sponsoring persons or organizations that will support the offender.
     (b) If the offender is not returned to his or her county of origin, the department shall provide the law and justice council of the county in which the offender is placed with a written explanation.
     (c) For purposes of this section, the offender's county of origin means the county of the offender's first felony conviction in Washington.
     (9) Nothing in this section creates a vested right in programming, education, or other services.

Sec. 3   RCW 72.09.712 and 2008 c 231 s 27 are each amended to read as follows:
     (1) At the earliest possible date, and in no event later than thirty days before release except in the event of escape or emergency furloughs as defined in RCW 72.66.010, the department of corrections shall send written notice of parole, release, community custody, work release placement, furlough, or escape about a specific inmate convicted of a violent offense, a sex offense as defined by RCW 9.94A.030, or a felony harassment offense as defined by RCW 9A.46.060 or 9A.46.110, to the following:
     (a) The chief of police of the city, if any, in which the inmate will reside or in which placement will be made in a work release program; and
     (b) The sheriff of the county in which the inmate will reside or in which placement will be made in a work release program.
     The sheriff of the county where the offender was convicted shall be notified if the department does not know where the offender will reside. The department shall notify the state patrol of the release of all sex offenders, and that information shall be placed in the Washington crime information center for dissemination to all law enforcement.
     (2) The same notice as required by subsection (1) of this section shall be sent to the following if such notice has been requested in writing about a specific inmate convicted of a violent offense, a sex offense as defined by RCW 9.94A.030, or a felony harassment offense as defined by RCW 9A.46.060 or 9A.46.110:
     (a) The victim of the crime for which the inmate was convicted or the victim's next of kin if the crime was a homicide;
     (b) Any witnesses who testified against the inmate in any court proceedings involving the violent offense;
     (c) Any person specified in writing by the prosecuting attorney; and
     (d) Any person who requests such notice about a specific inmate convicted of a sex offense as defined by RCW 9.94A.030 from the department of corrections at least sixty days prior to the expected release date of the offender.
     Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the inmate. Whenever the department of corrections mails notice pursuant to this subsection and the notice is returned as undeliverable, the department shall attempt alternative methods of notification, including a telephone call to the person's last known telephone number.
     (3) The existence of the notice requirements contained in subsections (1) and (2) of this section shall not require an extension of the release date in the event that the release plan changes after notification.
     (4) If an inmate convicted of a violent offense, a sex offense as defined by RCW 9.94A.030, or a felony harassment offense as defined by RCW 9A.46.060 or 9A.46.110, escapes from a correctional facility, or if an offender convicted of a sex offense removes or disables his or her electronic monitoring device during the period of his or her community custody, the department of corrections shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the inmate or offender resided immediately before the inmate's or offender's arrest and conviction. If previously requested, the department shall also notify the witnesses and the victim of the crime for which the inmate or offender was convicted or the victim's next of kin if the crime was a homicide. If the inmate or offender is recaptured or placed back on electronic monitoring, the department shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture or placement back on electronic monitoring.
     (5)(a) In addition to the notifications required in subsections (1) through (4) of this section, upon the actual release of an inmate convicted of a sex offense, the department of corrections shall make reasonable, good faith efforts to notify any victim who has been sent notice under subsection (2) of this section. The department shall make the notification required by this subsection within twenty-four hours of the inmate's actual release.
     (b) For purposes of this subsection, the department has made "reasonable, good faith efforts" to contact the victim if it has:
     (i) Contacted the victim in person; or
     (ii) Sent the victim at least one e-mail at his or her last known e-mail address, if any, and telephoned the victim at least three times at his or her last known telephone number, if any. If the victim does not answer the telephone, the department shall leave a message, if possible, providing a telephone number the victim may call for more information.
     (6) If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.
     (((6))) (7) The department of corrections shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.
     (((7))) (8) The department of corrections shall keep, for a minimum of two years following the release of an inmate, the following:
     (a) A document signed by an individual as proof that that person is registered in the victim or witness notification program; ((and))
     (b) A receipt showing that an individual registered in the victim or witness notification program was mailed a notice, at the individual's last known address, upon the release or movement of an inmate; and
     (c) Written records of the department's efforts to comply with subsection (5) of this section.
     (((8))) (9) For purposes of this section the following terms have the following meanings:
     (a) "Violent offense" means a violent offense under RCW 9.94A.030;
     (b) "Next of kin" means a person's spouse, parents, siblings and children.
     (((9))) (10) Nothing in this section shall impose any liability upon a chief of police of a city or sheriff of a county for failing to request in writing a notice as provided in subsection (1) of this section.

Sec. 4   RCW 9.94A.703 and 2008 c 231 s 9 are each amended to read as follows:
     When a court sentences a person to a term of community custody, the court shall impose conditions of community custody as provided in this section.
     (1) Mandatory conditions. As part of any term of community custody, the court shall:
     (a) Require the offender to inform the department of court-ordered treatment upon request by the department;
     (b) Require the offender to comply with any conditions imposed by the department under RCW 9.94A.704;
     (c) If the offender was sentenced under RCW ((9.94A.712)) 9.94A.507 for an offense listed in RCW ((9.94A.712)) 9.94A.507(1)(a), and the victim of the offense was under eighteen years of age at the time of the offense, prohibit the offender from residing in a community protection zone;
     (d) Require an offender convicted of a sex offense to submit to electronic monitoring during any period of time in which he or she is registered as not having a fixed residence under RCW 9A.44.130.
     (2) Waivable conditions. Unless waived by the court, as part of any term of community custody, the court shall order an offender to:
     (a) Report to and be available for contact with the assigned community corrections officer as directed;
     (b) Work at department-approved education, employment, or community restitution, or any combination thereof;
     (c) Refrain from possessing or consuming controlled substances except pursuant to lawfully issued prescriptions;
     (d) Pay supervision fees as determined by the department; and
     (e) Obtain prior approval of the department for the offender's residence location and living arrangements.
     (3) Discretionary conditions. As part of any term of community custody, the court may order an offender to:
     (a) Remain within, or outside of, a specified geographical boundary;
     (b) Refrain from direct or indirect contact with the victim of the crime or a specified class of individuals;
     (c) Participate in crime-related treatment or counseling services;
     (d) 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;
     (e) Refrain from consuming alcohol; or
     (f) Comply with any crime-related prohibitions.
     (4) Special conditions.
     (a) 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 order the offender to participate in a domestic violence perpetrator program approved under RCW 26.50.150.
     (b)(i) In sentencing an offender convicted of an alcohol or drug-related traffic offense, the court shall require the offender to complete a diagnostic evaluation by an alcohol or drug dependency agency approved by the department of social and health services or a qualified probation department, defined under RCW 46.61.516, that has been approved by the department of social and health services. If the offense was pursuant to chapter 46.61 RCW, the report shall be forwarded to the department of licensing. If the offender is found to have an alcohol or drug problem that requires treatment, the offender shall complete treatment in a program approved by the department of social and health services under chapter 70.96A RCW. If the offender is found not to have an alcohol or drug problem that requires treatment, the offender shall complete a course in an information school approved by the department of social and health services under chapter 70.96A RCW. The offender shall pay all costs for any evaluation, education, or treatment required by this section, unless the offender is eligible for an existing program offered or approved by the department of social and health services.
     (ii) For purposes of this section, "alcohol or drug-related traffic offense" means the following: Driving while under the influence as defined by RCW 46.61.502, actual physical control while under the influence as defined by RCW 46.61.504, vehicular homicide as defined by RCW 46.61.520(1)(a), vehicular assault as defined by RCW 46.61.522(1)(b), homicide by watercraft as defined by RCW 79A.60.050, or assault by watercraft as defined by RCW 79A.60.060.
     (iii) This subsection (4)(b) does not require the department of social and health services to add new treatment or assessment facilities nor affect its use of existing programs and facilities authorized by law.

NEW SECTION.  Sec. 5   A new section is added to chapter 72.09 RCW to read as follows:
     A sex offender who is subject to electronic monitoring as a condition of his or her community custody under RCW 9.94A.703(1)(d) must be monitored using an active global positioning system that actively monitors, identifies, and timely reports the offender's location. The department shall purchase the electronic monitoring services necessary to fulfill the requirements of this section by contract.

NEW SECTION.  Sec. 6   A new section is added to chapter 9A.76 RCW to read as follows:
     (1) A person is guilty of interfering with an electronic monitoring device if, under circumstances not constituting sexually violent predator escape, he or she:
     (a) Is required to be electronically monitored as a condition of community custody pursuant to a conviction for a sex offense; and
     (b) Intentionally removes, alters, tampers with, damages, destroys, or interferes with the signal from an electronic monitoring device without prior authorization from the department of corrections.
     (2) Interfering with an electronic monitoring device is a class C felony.
     (3) For purposes of this section, "sex offense" has the same meaning as in RCW 9.94A.030.

Sec. 7   RCW 9.94A.540 and 2005 c 437 s 2 are each amended to read as follows:
     (1) Except to the extent provided in subsection (3) of this section, the following minimum terms of total confinement are mandatory and shall not be varied or modified under RCW 9.94A.535:
     (a) An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years.
     (b) An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years.
     (c) An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years.
     (d) An offender convicted of the crime of sexually violent predator escape shall be sentenced to a minimum term of total confinement not less than sixty months.
     (e) An offender convicted of an attempt to violate section 6 of this act shall be sentenced to a minimum term of total confinement not less than twelve months and one day if: (i) The offender has one or more previous convictions for a violation, or an attempt to violate, section 6 of this act; and (ii) the bottom of the offender's standard range is twelve months or less.
     (2) During such minimum terms of total confinement, no offender subject to the provisions of this section is eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release authorized under RCW 9.94A.728, or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer. The provisions of this subsection shall not apply: (a) In the case of an offender in need of emergency medical treatment; (b) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree; or (c) for an extraordinary medical placement when authorized under RCW 9.94A.728(4).
     (3)(a) Subsection (1) of this section shall not be applied in sentencing of juveniles tried as adults pursuant to RCW 13.04.030(1)(e)(i).
     (b) This subsection (3) applies only to crimes committed on or after July 24, 2005.

Sec. 8   RCW 9.94A.515 and 2008 c 108 s 23 and 2008 c 38 s 1 are each reenacted and amended to read as follows:
     

NEW SECTION.  Sec. 9   This act takes effect August 1, 2009.