BILL REQ. #: H-0921.1
State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/21/09. Referred to Committee on Human Services.
AN ACT Relating to sex offender residence approval; amending RCW 72.09.340; 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(2))) 72.09.712, except
that in no case may this notification requirement be construed to
require an extension of an offender's release date.
(3) In addition to any other factors considered by the department
in exercising its discretion regarding release plans for and
supervision of sex offenders, the department shall, prior to approving
a residence location, consider the number of registered sex offenders
currently residing within one mile of the proposed address.
(4)(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 of 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 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))), the
department may not approve a residence location if the proposed
residence is in a community protection zone.
(((4))) (5) When the department requires supervised visitation as
a term or condition of a sex offender's community placement under RCW
((9.94A.700(6))) 9.94B.050, 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.
NEW SECTION. Sec. 2 This act takes effect August 1, 2009.