SSB 5204 -
By Representative Kagi
ADOPTED AS AMENDED 04/09/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 9A.44.143 and 2010 c 267 s 7 are each amended to read
as follows:
(1) 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 as
provided in this section.
(2) For class A sex offenses or kidnapping offenses committed when
the petitioner was fifteen years of age or older, the court may relieve
the petitioner of the duty to register if:
(a) At least sixty months have passed since the petitioner's
adjudication and completion of any term of confinement for the offense
giving rise to the duty to register and the petitioner has not been
adjudicated or convicted of any additional sex offenses or kidnapping
offenses;
(b) The petitioner has not been adjudicated or convicted of a
violation of RCW 9A.44.132 (failure to register) during the sixty
months prior to filing the petition; and
(c) The petitioner shows by a preponderance of the evidence that
the petitioner is sufficiently rehabilitated to warrant removal from
the central registry of sex offenders and kidnapping offenders.
(3) For sex offenses or kidnapping offenses not included in
subsection (2) of this section, the court may relieve the petitioner of
the duty to register if:
(a) At least twenty-four months have passed since the petitioner's
adjudication and completion of any term of confinement for the offense
giving rise to the duty to register and the petitioner has not been
adjudicated or convicted of any additional sex offenses or kidnapping
offenses;
(b) The petitioner has not been adjudicated or convicted of a
violation of RCW 9A.44.132 (failure to register) during the twenty-four
months prior to filing the petition; and
(c)(((i) The petitioner was fifteen years of age or older at the
time the sex offense or kidnapping offense was committed and the
petitioner shows by clear and convincing evidence that the petitioner
is sufficiently rehabilitated to warrant removal from the central
registry of sex offenders and kidnapping offenders; or)) The petitioner ((
(ii)was under the age of fifteen at the time
the sex offense or kidnapping offense was committed and the
petitioner)) shows by a preponderance of the evidence that the
petitioner is sufficiently rehabilitated to warrant removal from the
central registry of sex offenders and kidnapping offenders.
(((3))) (4) A petition for relief from registration under this
section 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.
(((4))) (5) In determining whether the petitioner is sufficiently
rehabilitated to warrant removal from the central registry of sex
offenders and kidnapping offenders, the following factors are provided
as guidance to assist the court in making its determination, to the
extent the factors are applicable considering the age and circumstances
of the petitioner:
(a) The nature of the registrable offense committed including the
number of victims and the length of the offense history;
(b) Any subsequent criminal history;
(c) The petitioner's compliance with supervision requirements;
(d) The length of time since the charged incident(s) occurred;
(e) Any input from community corrections officers, juvenile parole
or probation officers, law enforcement, or treatment providers;
(f) Participation in sex offender treatment;
(g) Participation in other treatment and rehabilitative programs;
(h) The offender's stability in employment and housing;
(i) The offender's community and personal support system;
(j) Any risk assessments or evaluations prepared by a qualified
professional;
(k) Any updated polygraph examination;
(l) Any input of the victim;
(m) Any other factors the court may consider relevant.
(((5))) (6) A juvenile prosecuted and convicted of a sex offense or
kidnapping offense as an adult may not petition to the superior court
under this section.
Sec. 2 RCW 13.40.160 and 2007 c 199 s 14 are each amended to read
as follows:
(1) The standard range disposition for a juvenile adjudicated of an
offense is determined according to RCW 13.40.0357.
(a) When the court sentences an offender to a local sanction as
provided in RCW 13.40.0357 option A, the court shall impose a
determinate disposition within the standard ranges, except as provided
in subsection (2), (3), (4), (5), or (6) of this section. The
disposition may be comprised of one or more local sanctions.
(b) When the court sentences an offender to a standard range as
provided in RCW 13.40.0357 option A that includes a term of confinement
exceeding thirty days, commitment shall be to the department for the
standard range of confinement, except as provided in subsection (2),
(3), (4), (5), or (6) of this section.
(2) If the court concludes, and enters reasons for its conclusion,
that disposition within the standard range would effectuate a manifest
injustice the court shall impose a disposition outside the standard
range, as indicated in option D of RCW 13.40.0357. The court's finding
of manifest injustice shall be supported by clear and convincing
evidence.
A disposition outside the standard range shall be determinate and
shall be comprised of confinement or community supervision, or a
combination thereof. When a judge finds a manifest injustice and
imposes a sentence of confinement exceeding thirty days, the court
shall sentence the juvenile to a maximum term, and the provisions of
RCW 13.40.030(2) shall be used to determine the range. A disposition
outside the standard range is appealable under RCW 13.40.230 by the
state or the respondent. A disposition within the standard range is
not appealable under RCW 13.40.230.
(3) ((When)) If a juvenile offender is found to have committed a
sex offense, other than a sex offense that is also a serious violent
offense as defined by RCW 9.94A.030, and has no history of a prior sex
offense, the court((, on its own motion or the motion of the state or
the respondent, may order an examination to determine whether the
respondent is amenable to treatment.)) may impose the special sex offender disposition
alternative under section 3 of this act.
The report of the examination shall include at a minimum the
following: The respondent's version of the facts and the official
version of the facts, the respondent's offense history, an assessment
of problems in addition to alleged deviant behaviors, the respondent's
social, educational, and employment situation, and other evaluation
measures used. The report shall set forth the sources of the
evaluator's information.
The examiner shall assess and report regarding the respondent's
amenability to treatment and relative risk to the community. A
proposed treatment plan shall be provided and shall include, at a
minimum:
(a)(i) Frequency and type of contact between the 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,
legal guardians, or others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions.
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 evaluator shall be selected by the party making the
motion. The defendant 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.
After receipt of reports of the examination, the court shall then
consider whether the offender and the community will benefit from use
of this special sex offender disposition alternative and consider the
victim's opinion whether the offender should receive a treatment
disposition under this section. If the court determines that this
special sex offender disposition alternative is appropriate, then the
court shall impose a determinate disposition within the standard range
for the offense, or if the court concludes, and enters reasons for its
conclusions, that such disposition would cause a manifest injustice,
the court shall impose a disposition under option D, and the court may
suspend the execution of the disposition and place the offender on
community supervision for at least two years. As a condition of the
suspended disposition, the court may impose the conditions of community
supervision and other conditions, including up to thirty days of
confinement and requirements that the offender do any one or more of
the following:
(b)(i) Devote time to a specific education, employment, or
occupation;
(ii) Undergo available outpatient sex offender treatment for up to
two years, or inpatient sex offender treatment not to exceed the
standard range of confinement for that offense. A community mental
health center may not be used for such treatment unless it has an
appropriate program designed for sex offender treatment. The
respondent shall not change sex offender treatment providers or
treatment conditions without first notifying the prosecutor, the
probation counselor, and the court, and shall not change providers
without court approval after a hearing if the prosecutor or probation
counselor object to the change;
(iii) Remain within prescribed geographical boundaries and notify
the court or the probation counselor prior to any change in the
offender's address, educational program, or employment;
(iv) Report to the prosecutor and the probation counselor prior to
any change in a sex offender treatment provider. This change shall
have prior approval by the court;
(v) Report as directed to the court and a probation counselor;
(vi) Pay all court-ordered legal financial obligations, perform
community restitution, or any combination thereof;
(vii) Make restitution to the victim for the cost of any counseling
reasonably related to the offense;
(viii) Comply with the conditions of any court-ordered probation
bond; or
(ix) The court shall order that the offender shall not attend the
public or approved private elementary, middle, or high school attended
by the victim or the victim's siblings. The parents or legal guardians
of the offender are responsible for transportation or other costs
associated with the offender's change of school that would otherwise be
paid by the school district. The court shall send notice of the
disposition and restriction on attending the same school as the victim
or victim's siblings to the public or approved private school the
juvenile will attend, if known, or if unknown, to the approved private
schools and the public school district board of directors of the
district in which the juvenile resides or intends to reside. This
notice must be sent at the earliest possible date but not later than
ten calendar days after entry of the disposition.
The sex offender treatment provider shall submit quarterly reports
on the respondent's progress in treatment to the court and the parties.
The reports shall reference the treatment plan and include at a minimum
the following: Dates of attendance, respondent's compliance with
requirements, treatment activities, the respondent's relative progress
in treatment, and any other material specified by the court at the time
of the disposition.
At the time of the disposition, the court may set treatment review
hearings as the court considers appropriate.
Except as provided in this subsection (3), after July 1, 1991,
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. A sex offender therapist who examines or treats a juvenile
sex offender pursuant to this subsection does not have to be certified
by the department of health pursuant to chapter 18.155 RCW if 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; (B) 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 (C) the evaluation and treatment plan comply
with this subsection (3) and the rules adopted by the department of
health.
If the offender violates any condition of the disposition or the
court finds that the respondent is failing to make satisfactory
progress in treatment, the court may revoke the suspension and order
execution of the disposition or the court may impose a penalty of up to
thirty days' confinement for violating conditions of the disposition.
The court may order both execution of the disposition and up to thirty
days' confinement for the violation of the conditions of the
disposition. The court shall give credit for any confinement time
previously served if that confinement was for the offense for which the
suspension is being revoked.
For purposes of this section, "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. "Victim"
may also include a known parent or guardian of a victim who is a minor
child unless the parent or guardian is the perpetrator of the offense.
A disposition entered under this subsection (3) is not appealable
under RCW 13.40.230
(4) If the juvenile offender is subject to a standard range
disposition of local sanctions or 15 to 36 weeks of confinement and has
not committed an A- or B+ offense, the court may impose the disposition
alternative under RCW 13.40.165.
(5) If a juvenile is subject to a commitment of 15 to 65 weeks of
confinement, the court may impose the disposition alternative under RCW
13.40.167.
(6) When the offender is subject to a standard range commitment of
15 to 36 weeks and is ineligible for a suspended disposition
alternative, a manifest injustice disposition below the standard range,
special sex offender disposition alternative, chemical dependency
disposition alternative, or mental health disposition alternative, the
court in a county with a pilot program under RCW 13.40.169 may impose
the disposition alternative under RCW 13.40.169.
(7) RCW 13.40.193 shall govern the disposition of any juvenile
adjudicated of possessing a firearm in violation of RCW
9.41.040(2)(a)(iii) or any crime in which a special finding is entered
that the juvenile was armed with a firearm.
(8) RCW 13.40.308 shall govern the disposition of any juvenile
adjudicated of theft of a motor vehicle as defined under RCW 9A.56.065,
possession of a stolen motor vehicle as defined under RCW 9A.56.068,
taking a motor vehicle without permission in the first degree under RCW
9A.56.070, and taking a motor vehicle without permission in the second
degree under RCW 9A.56.075.
(9) Whenever a juvenile offender is entitled to credit for time
spent in detention prior to a dispositional order, the dispositional
order shall specifically state the number of days of credit for time
served.
(10) Except as provided under subsection (3), (4), (5), or (6) of
this section, or option B of RCW 13.40.0357, or RCW 13.40.127, the
court shall not suspend or defer the imposition or the execution of the
disposition.
(11) In no case shall the term of confinement imposed by the court
at disposition exceed that to which an adult could be subjected for the
same offense.
NEW SECTION. Sec. 3 A new section is added to chapter 13.40 RCW
to read as follows:
(1) A juvenile offender is eligible for the special sex offender
disposition alternative when:
(a) The offender is found to have committed a sex offense, other
than a sex offense that is also a serious violent offense as defined by
RCW 9.94A.030; and
(b) The offender has no history of a prior sex offense.
(2) 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 respondent, may order an examination to determine whether the
respondent is amenable to treatment.
(a) The report of the examination shall include at a minimum the
following:
(i) The respondent's version of the facts and the official version
of the facts;
(ii) The respondent's offense history;
(iii) An assessment of problems in addition to alleged deviant
behaviors;
(iv) The respondent's social, educational, and employment
situation;
(v) Other evaluation measures used.
The report shall set forth the sources of the evaluator's
information.
(b) The examiner shall assess and report regarding the respondent's
amenability to treatment and relative risk to the community. A
proposed treatment plan shall be provided and shall include, at a
minimum:
(i) The frequency and type of contact between the 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,
legal guardians, or others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions.
(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 evaluator shall be selected by the party
making the motion. The defendant 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.
(3) After receipt of reports of the examination, the court shall
then consider whether the offender and the community will benefit from
use of this special sex offender disposition alternative and consider
the victim's opinion whether the offender should receive a treatment
disposition under this section. If the court determines that this
special sex offender disposition alternative is appropriate, then the
court shall impose a determinate disposition within the standard range
for the offense, or if the court concludes, and enters reasons for its
conclusions, that such disposition would cause a manifest injustice,
the court shall impose a disposition under option D, and the court may
suspend the execution of the disposition and place the offender on
community supervision for at least two years.
(4) As a condition of the suspended disposition, the court may
impose the conditions of community supervision and other conditions,
including up to thirty days of confinement and requirements that the
offender do any one or more of the following:
(a) Devote time to a specific education, employment, or occupation;
(b) Undergo available outpatient sex offender treatment for up to
two years, or inpatient sex offender treatment not to exceed the
standard range of confinement for that offense. A community mental
health center may not be used for such treatment unless it has an
appropriate program designed for sex offender treatment. The
respondent shall not change sex offender treatment providers or
treatment conditions without first notifying the prosecutor, the
probation counselor, and the court, and shall not change providers
without court approval after a hearing if the prosecutor or probation
counselor object to the change;
(c) Remain within prescribed geographical boundaries and notify the
court or the probation counselor prior to any change in the offender's
address, educational program, or employment;
(d) Report to the prosecutor and the probation counselor prior to
any change in a sex offender treatment provider. This change shall
have prior approval by the court;
(e) Report as directed to the court and a probation counselor;
(f) Pay all court-ordered legal financial obligations, perform
community restitution, or any combination thereof;
(g) Make restitution to the victim for the cost of any counseling
reasonably related to the offense; or
(h) Comply with the conditions of any court-ordered probation bond.
(5) If the court orders twenty-four hour, continuous monitoring of
the offender while on probation, the court shall include the basis for
this condition in its findings.
(6)(a) The court must order the offender not to attend the public
or approved private elementary, middle, or high school attended by the
victim or the victim's siblings.
(b) The parents or legal guardians of the offender are responsible
for transportation or other costs associated with the offender's change
of school that would otherwise be paid by the school district.
(c) The court shall send notice of the disposition and restriction
on attending the same school as the victim or victim's siblings to the
public or approved private school the juvenile will attend, if known,
or if unknown, to the approved private schools and the public school
district board of directors of the district in which the juvenile
resides or intends to reside. This notice must be sent at the earliest
possible date but not later than ten calendar days after entry of the
disposition.
(7)(a) The sex offender treatment provider shall submit quarterly
reports on the respondent's progress in treatment to the court and the
parties. The reports shall reference the treatment plan and include at
a minimum the following: Dates of attendance, respondent's compliance
with requirements, treatment activities, the respondent's relative
progress in treatment, and any other material specified by the court at
the time of the disposition.
(b) At the time of the disposition, the court may set treatment
review hearings as the court considers appropriate.
(c) Except as provided in this subsection, 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.
(d) A sex offender therapist who examines or treats a juvenile sex
offender pursuant to this subsection does not have to be certified by
the department of health pursuant to chapter 18.155 RCW if the court
finds that: (i) The offender has already moved to another state or
plans to move to another state for reasons other than circumventing the
certification requirements; (ii) 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 (iii) the evaluation and treatment plan comply
with this subsection and the rules adopted by the department of health.
(8)(a) If the offender violates any condition of the disposition or
the court finds that the respondent is failing to make satisfactory
progress in treatment, the court may revoke the suspension and order
execution of the disposition or the court may impose a penalty of up to
thirty days confinement for violating conditions of the disposition.
(b) The court may order both execution of the disposition and up to
thirty days confinement for the violation of the conditions of the
disposition.
(c) The court shall give credit for any confinement time previously
served if that confinement was for the offense for which the suspension
is being revoked.
(9) For purposes of this section, "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. "Victim"
may also include a known parent or guardian of a victim who is a minor
child unless the parent or guardian is the perpetrator of the offense.
(10) A disposition entered under this section is not appealable
under RCW 13.40.230.
Sec. 4 RCW 13.50.050 and 2010 c 150 s 2 are each amended to read
as follows:
(1) This section governs records relating to the commission of
juvenile offenses, including records relating to diversions.
(2) The official juvenile court file of any alleged or proven
juvenile offender shall be open to public inspection, unless sealed
pursuant to subsection (12) of this section.
(3) All records other than the official juvenile court file are
confidential and may be released only as provided in this section, RCW
13.50.010, 13.40.215, and 4.24.550.
(4) Except as otherwise provided in this section and RCW 13.50.010,
records retained or produced by any juvenile justice or care agency may
be released to other participants in the juvenile justice or care
system only when an investigation or case involving the juvenile in
question is being pursued by the other participant or when that other
participant is assigned the responsibility for supervising the
juvenile.
(5) Except as provided in RCW 4.24.550, information not in an
official juvenile court file concerning a juvenile or a juvenile's
family may be released to the public only when that information could
not reasonably be expected to identify the juvenile or the juvenile's
family.
(6) Notwithstanding any other provision of this chapter, the
release, to the juvenile or his or her attorney, of law enforcement and
prosecuting attorneys' records pertaining to investigation, diversion,
and prosecution of juvenile offenses shall be governed by the rules of
discovery and other rules of law applicable in adult criminal
investigations and prosecutions.
(7) Upon the decision to arrest or the arrest, law enforcement and
prosecuting attorneys may cooperate with schools in releasing
information to a school pertaining to the investigation, diversion, and
prosecution of a juvenile attending the school. Upon the decision to
arrest or the arrest, incident reports may be released unless releasing
the records would jeopardize the investigation or prosecution or
endanger witnesses. If release of incident reports would jeopardize
the investigation or prosecution or endanger witnesses, law enforcement
and prosecuting attorneys may release information to the maximum extent
possible to assist schools in protecting other students, staff, and
school property.
(8) The juvenile court and the prosecutor may set up and maintain
a central recordkeeping system which may receive information on all
alleged juvenile offenders against whom a complaint has been filed
pursuant to RCW 13.40.070 whether or not their cases are currently
pending before the court. The central recordkeeping system may be
computerized. If a complaint has been referred to a diversion unit,
the diversion unit shall promptly report to the juvenile court or the
prosecuting attorney when the juvenile has agreed to diversion. An
offense shall not be reported as criminal history in any central
recordkeeping system without notification by the diversion unit of the
date on which the offender agreed to diversion.
(9) Upon request of the victim of a crime or the victim's immediate
family, the identity of an alleged or proven juvenile offender alleged
or found to have committed a crime against the victim and the identity
of the alleged or proven juvenile offender's parent, guardian, or
custodian and the circumstance of the alleged or proven crime shall be
released to the victim of the crime or the victim's immediate family.
(10) Subject to the rules of discovery applicable in adult criminal
prosecutions, the juvenile offense records of an adult criminal
defendant or witness in an adult criminal proceeding shall be released
upon request to prosecution and defense counsel after a charge has
actually been filed. The juvenile offense records of any adult
convicted of a crime and placed under the supervision of the adult
corrections system shall be released upon request to the adult
corrections system.
(11) In any case in which an information has been filed pursuant to
RCW 13.40.100 or a complaint has been filed with the prosecutor and
referred for diversion pursuant to RCW 13.40.070, the person the
subject of the information or complaint may file a motion with the
court to have the court vacate its order and findings, if any, and,
subject to subsection (23) of this section, order the sealing of the
official juvenile court file, the social file, and records of the court
and of any other agency in the case.
(12)(a) The court shall not grant any motion to seal records for
class A offenses made pursuant to subsection (11) of this section that
is filed on or after July 1, 1997, unless:
(i) Since the last date of release from confinement, including
full-time residential treatment, if any, or entry of disposition, the
person has spent five consecutive years in the community without
committing any offense or crime that subsequently results in an
adjudication or conviction;
(ii) No proceeding is pending against the moving party seeking the
conviction of a juvenile offense or a criminal offense;
(iii) No proceeding is pending seeking the formation of a diversion
agreement with that person;
(iv) The person is no longer required to register as a sex offender
under RCW 9A.44.130 or has ((not)) been relieved of the duty to
register under RCW 9A.44.143 if the person was convicted of a sex
offense;
(v) The person has not been convicted of rape in the first degree,
rape in the second degree, or indecent liberties that was actually
committed with forcible compulsion; and
(((v))) (vi) Full restitution has been paid.
(b) The court shall not grant any motion to seal records for class
B, C, gross misdemeanor and misdemeanor offenses and diversions made
under subsection (11) of this section unless:
(i) Since the date of last release from confinement, including
full-time residential treatment, if any, entry of disposition, or
completion of the diversion agreement, the person has spent two
consecutive years in the community without being convicted of any
offense or crime;
(ii) No proceeding is pending against the moving party seeking the
conviction of a juvenile offense or a criminal offense;
(iii) No proceeding is pending seeking the formation of a diversion
agreement with that person;
(iv) The person is no longer required to register as a sex offender
under RCW 9A.44.130 or has ((not)) been relieved of the duty to
register under RCW 9A.44.143 if the person was convicted of a sex
offense; and
(v) Full restitution has been paid.
(13) The person making a motion pursuant to subsection (11) of this
section shall give reasonable notice of the motion to the prosecution
and to any person or agency whose files are sought to be sealed.
(14) If the court grants the motion to seal made pursuant to
subsection (11) of this section, it shall, subject to subsection (23)
of this section, order sealed the official juvenile court file, the
social file, and other records relating to the case as are named in the
order. Thereafter, the proceedings in the case shall be treated as if
they never occurred, and the subject of the records may reply
accordingly to any inquiry about the events, records of which are
sealed. Any agency shall reply to any inquiry concerning confidential
or sealed records that records are confidential, and no information can
be given about the existence or nonexistence of records concerning an
individual.
(15) Inspection of the files and records included in the order to
seal may thereafter be permitted only by order of the court upon motion
made by the person who is the subject of the information or complaint,
except as otherwise provided in RCW 13.50.010(8) and subsection (23) of
this section.
(16) Any adjudication of a juvenile offense or a crime subsequent
to sealing has the effect of nullifying the sealing order. Any
charging of an adult felony subsequent to the sealing has the effect of
nullifying the sealing order for the purposes of chapter 9.94A RCW.
The administrative office of the courts shall ensure that the superior
court judicial information system provides prosecutors access to
information on the existence of sealed juvenile records.
(17)(a)(i) Subject to subsection (23) of this section, all records
maintained by any court or law enforcement agency, including the
juvenile court, local law enforcement, the Washington state patrol, and
the prosecutor's office, shall be automatically destroyed within ninety
days of becoming eligible for destruction. Juvenile records are
eligible for destruction when:
(A) The person who is the subject of the information or complaint
is at least eighteen years of age;
(B) His or her criminal history consists entirely of one diversion
agreement or counsel and release entered on or after June 12, 2008;
(C) Two years have elapsed since completion of the agreement or
counsel and release;
(D) No proceeding is pending against the person seeking the
conviction of a criminal offense; and
(E) There is no restitution owing in the case.
(ii) No less than quarterly, the administrative office of the
courts shall provide a report to the juvenile courts of those
individuals whose records may be eligible for destruction. The
juvenile court shall verify eligibility and notify the Washington state
patrol and the appropriate local law enforcement agency and
prosecutor's office of the records to be destroyed. The requirement to
destroy records under this subsection is not dependent on a court
hearing or the issuance of a court order to destroy records.
(iii) The state and local governments and their officers and
employees are not liable for civil damages for the failure to destroy
records pursuant to this section.
(b) A person eighteen years of age or older whose criminal history
consists entirely of one diversion agreement or counsel and release
entered prior to June 12, 2008, may request that the court order the
records in his or her case destroyed. The request shall be granted,
subject to subsection (23) of this section, if the court finds that two
years have elapsed since completion of the agreement or counsel and
release.
(c) A person twenty-three years of age or older whose criminal
history consists of only referrals for diversion may request that the
court order the records in those cases destroyed. The request shall be
granted, subject to subsection (23) of this section, if the court finds
that all diversion agreements have been successfully completed and no
proceeding is pending against the person seeking the conviction of a
criminal offense.
(18) If the court grants the motion to destroy records made
pursuant to subsection (17)(b) or (c) of this section, it shall,
subject to subsection (23) of this section, order the official juvenile
court file, the social file, and any other records named in the order
to be destroyed.
(19) The person making the motion pursuant to subsection (17)(b) or
(c) of this section shall give reasonable notice of the motion to the
prosecuting attorney and to any agency whose records are sought to be
destroyed.
(20) Any juvenile to whom the provisions of this section may apply
shall be given written notice of his or her rights under this section
at the time of his or her disposition hearing or during the diversion
process.
(21) Nothing in this section may be construed to prevent a crime
victim or a member of the victim's family from divulging the identity
of the alleged or proven juvenile offender or his or her family when
necessary in a civil proceeding.
(22) Any juvenile justice or care agency may, subject to the
limitations in subsection (23) of this section and (a) and (b) of this
subsection, develop procedures for the routine destruction of records
relating to juvenile offenses and diversions.
(a) Records may be routinely destroyed only when the person the
subject of the information or complaint has attained twenty-three years
of age or older or pursuant to subsection (17)(a) of this section.
(b) The court may not routinely destroy the official juvenile court
file or recordings or transcripts of any proceedings.
(23) No identifying information held by the Washington state patrol
in accordance with chapter 43.43 RCW is subject to destruction or
sealing under this section. For the purposes of this subsection,
identifying information includes photographs, fingerprints, palmprints,
soleprints, toeprints and any other data that identifies a person by
physical characteristics, name, birthdate or address, but does not
include information regarding criminal activity, arrest, charging,
diversion, conviction or other information about a person's treatment
by the criminal justice system or about the person's behavior.
(24) Information identifying child victims under age eighteen who
are victims of sexual assaults by juvenile offenders is confidential
and not subject to release to the press or public without the
permission of the child victim or the child's legal guardian.
Identifying information includes the child victim's name, addresses,
location, photographs, and in cases in which the child victim is a
relative of the alleged perpetrator, identification of the relationship
between the child and the alleged perpetrator. Information identifying
a child victim of sexual assault may be released to law enforcement,
prosecutors, judges, defense attorneys, or private or governmental
agencies that provide services to the child victim of sexual assault.
Sec. 5 RCW 72.09.345 and 2008 c 231 s 49 are each amended to read
as follows:
(1) In addition to any other information required to be released
under this chapter, the department is authorized, pursuant to RCW
4.24.550, to release relevant information that is necessary to protect
the public concerning offenders convicted of sex offenses.
(2) In order for public agencies to have the information necessary
to notify the public as authorized in RCW 4.24.550, the secretary shall
establish and administer an end-of-sentence review committee for the
purposes of assigning risk levels, reviewing available release plans,
and making appropriate referrals for sex offenders. ((The committee
shall assess, on a case-by-case basis, the public risk posed by sex
offenders who are: (a) Preparing for their release from confinement
for sex offenses committed on or after July 1, 1984; and (b) accepted
from another state under a reciprocal agreement under the interstate
compact authorized in chapter 72.74 RCW.))
(3) The committee shall assess, on a case-by-case basis, the public
risk posed by:
(a) Offenders preparing for release from confinement for a sex
offense or sexually violent offense committed on or after July 1, 1984;
(b) Sex offenders accepted from another state under a reciprocal
agreement under the interstate corrections compact authorized in
chapter 72.74 RCW;
(c) Juveniles preparing for release from confinement for a sex
offense and releasing from the department of social and health services
juvenile rehabilitation administration;
(d) Juveniles, following disposition, under the jurisdiction of a
county juvenile court for a registerable sex offense; and
(e) Juveniles found to have committed a sex offense and accepted
from another state under a reciprocal agreement under the interstate
compact for juveniles authorized in chapter 13.24 RCW.
(4) Notwithstanding any other provision of law, the committee shall
have access to all relevant records and information in the possession
of public agencies relating to the offenders under review, including
police reports; prosecutors' statements of probable cause; presentence
investigations and reports; complete judgments and sentences; current
classification referrals; criminal history summaries; violation and
disciplinary reports; all psychological evaluations and psychiatric
hospital reports; sex offender treatment program reports; and juvenile
records. Records and information obtained under this subsection shall
not be disclosed outside the committee unless otherwise authorized by
law.
(((4))) (5) The committee shall review each sex offender under its
authority before the offender's release from confinement or start of
the offender's term of community custody in order to: (a) Classify the
offender into a risk level for the purposes of public notification
under RCW 4.24.550; (b) where available, review the offender's proposed
release plan in accordance with the requirements of RCW 72.09.340; and
(c) make appropriate referrals.
(((5))) (6) The committee shall classify as risk level I those sex
offenders whose risk assessments indicate a low risk of reoffense
within the community at large. The committee shall classify as risk
level II those offenders whose risk assessments indicate a moderate
risk of reoffense within the community at large. The committee shall
classify as risk level III those offenders whose risk assessments
indicate a high risk of reoffense within the community at large.
(((6))) (7) The committee shall issue to appropriate law
enforcement agencies, for their use in making public notifications
under RCW 4.24.550, narrative notices regarding the pending release of
sex offenders from the department's facilities. The narrative notices
shall, at a minimum, describe the identity and criminal history
behavior of the offender and shall include the department's risk level
classification for the offender. For sex offenders classified as
either risk level II or III, the narrative notices shall also include
the reasons underlying the classification.
NEW SECTION. Sec. 6 A new section is added to chapter 28A.300
RCW to read as follows:
The superintendent of public instruction shall publish on its web
site, with a link to the safety center web page, a revised and updated
sample policy for schools to follow regarding students required to
register as sex or kidnapping offenders."
Correct the title.
EFFECT: (1) Increases to 5 years the period of time that a person
required to register for a Class A kidnapping or sex offense committed
as a juvenile age 15 or older must wait, after being released from
confinement, before he or she may petition the court to be relieved of
the duty to register; previously, such person was required to wait 2
years after release from confinement before being able to petition the
court to be relieved of the duty to register.
(2) Removes the requirement that each school district develop and
adopt a written policy or amend and adopt the sample policy published
on OSPI's web site.
(3) Removes the requirement that schools designate a primary
contact person for students enrolled at the school and who are required
to register as sex or kidnapping offenders.