BILL REQ. #: H-0292.2
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/17/11. Referred to Committee on Public Safety & Emergency Preparedness.
AN ACT Relating to requiring notification of sex offenders attending schools; amending RCW 28A.320.125; reenacting and amending RCW 9A.44.130; and adding a new section to chapter 9A.44 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9A.44.130 and 2010 c 267 s 2 and 2010 c 265 s 1 are
each reenacted and 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. When 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
three business days prior to arriving at the school to attend classes,
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 three business days prior to arriving at the
institution, 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 three business days prior to commencing
work at the institution, 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 three
business 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) The sheriff shall notify the school district and the school's
principal or the institution's department of public safety and shall
provide ((that department with)) the same information provided to a
county sheriff under subsection (((3))) (2) of this section.
(((d)(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 4.24.550 upon the public safety department of any public or
private school or institution of higher education.
(((3))) (2)(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) sentence imposed
for conviction; (viii) aliases used; (((viii))) (ix) social security
number; (((ix))) (x) photograph; and (((x))) (xi) 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) sentence imposed for conviction;
(vii) aliases used; (((vii))) (viii) social security number; (((viii)))
(ix) photograph; (((ix))) (x) fingerprints; and (((x))) (xi) where he
or she plans to stay.
(((4))) (3)(a) Offenders shall register with the county sheriff
within the following deadlines:
(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 three
business days 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.
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))) (3)(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.
(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 three business days 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))) (3)(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.
(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 within three
business days 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 three business days of establishing residence or reestablishing
residence if the person is a former Washington resident. The duty to
register under this subsection applies to sex offenders convicted under
the laws of another state or a foreign country, federal or military
statutes for offenses committed before, on, or after February 28, 1990,
or Washington state for offenses committed before, 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 before, 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 three business days 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 three business days 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 three business days of
receiving notice of this registration requirement.
(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
three business days after entering the county and provide the
information required in subsection (((3))) (2)(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 three business 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 three business 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) 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 RCW 9A.44.132, or
arraignment on charges for a violation of RCW 9A.44.132, constitutes
actual notice of the duty to register. Any person charged with the
crime of failure to register under RCW 9A.44.132 who asserts as a
defense the lack of notice of the duty to register shall register
within three business days following actual notice of the duty through
arrest, service, or arraignment. Failure to register as required under
this subsection (((4))) (3)(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 provide, by certified mail, with return receipt requested or in
person, signed written notice of the change of address to the county
sheriff within three business days of moving.
(b) If any person required to register pursuant to this section
moves to a new county, the person must register with that county
sheriff within three business days of moving. Within three business
days, the person must also provide, by certified mail, with return
receipt requested or in person, signed written notice 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.
(6)(a) 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 three business days
after ceasing to have a fixed residence. The notice shall include the
information required by subsection (((3))) (2)(b) of this section,
except the photograph and fingerprints. The county sheriff may, for
reasonable cause, require the offender to provide a photograph and
fingerprints. The sheriff shall forward this information to the
sheriff of the county in which the person intends to reside, if the
person intends to reside in another county.
(b) A person who lacks a fixed residence must report weekly, in
person, to the sheriff of the county where he or she is registered.
The weekly report shall be on a day specified by the county sheriff's
office, and shall occur during normal business hours. The person must
keep an accurate accounting of where he or she stays during the week
and provide it to the county sheriff upon request. The lack of a fixed
residence is a factor that may be considered in determining an
offender's risk level and shall make the offender subject to disclosure
of information to the public at large pursuant to RCW 4.24.550.
(c) If any person required to register pursuant to this section
does not have a fixed residence, it is an affirmative defense to the
charge of failure to register, that he or she provided written notice
to the sheriff of the county where he or she last registered within
three business days of ceasing to have a fixed residence and has
subsequently complied with the requirements of subsections (((4)))
(3)(a)(vii) or (viii) and (((6))) (5) of this section. To prevail, the
person must prove the defense by a preponderance of the evidence.
(7) A sex offender subject to registration requirements under this
section who applies to change his or her name under RCW 4.24.130 or any
other law shall submit a copy of the application to the county sheriff
of the county of the person's residence and to the state patrol not
fewer than five days before the entry of an order granting the name
change. No sex offender under the requirement to register under this
section at the time of application shall be granted an order changing
his or her name if the court finds that doing so will interfere with
legitimate law enforcement interests, except that no order shall be
denied when the name change is requested for religious or legitimate
cultural reasons or in recognition of marriage or dissolution of
marriage. A sex offender under the requirement to register under this
section who receives an order changing his or her name shall submit a
copy of the order to the county sheriff of the county of the person's
residence and to the state patrol within three business 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. A photograph
may be taken at any time to update an individual's file.
(9) 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.
NEW SECTION. Sec. 2 A new section is added to chapter 9A.44 RCW
to read as follows:
(1) When a school district or department of public safety of an
institution of higher education receives notice under RCW 9A.44.130
that a person who is required to register as a sex offender plans to
attend the school, it shall make the following notifications:
(a) If the student who is required to register as a sex offender is
classified as a risk level I or is unclassified, the school district or
department of public safety shall provide the information received
under RCW 9A.44.130 only to personnel who, in the judgment of the
school district, the school principal, or department of public safety,
for security purposes should be aware of the student's record.
(b)(i) If the student who is required to register as a sex offender
is classified as a risk level II or III, the school district or
department of public safety shall provide the information received
under RCW 9A.44.130 to the student's teachers and to any other
personnel who, in the judgment of the school district, the school
principal, or department of public safety, supervises the student or
for security purposes should be aware of the student's record.
(ii) If the student who is required to register as a sex offender
is classified as a risk level II or III, the school district or
department of public safety shall also notify parents, legal guardians,
students who are eighteen years of age or older, and any personnel who
may observe or come into contact with the student, including school
administrators, teachers, staff persons, bus drivers, security staff,
coaches, playground supervisors, and maintenance personnel.
(iii) A school district or department of public safety shall
provide the notice required by (b)(ii) of this subsection in writing at
the beginning of the school year and at any time a new student who is
required to register as a sex offender enrolls in or arrives at the
school or institution to attend classes. The school district or
department of public safety shall also provide the notice by e-mail, if
available. The notice provided under (b)(ii) of this subsection must
include the name of the student required to register as a sex offender,
the crime of conviction, the sentence imposed, and an internet link, if
available, to a local law enforcement agency web site where interested
persons may seek further information about registered sex offenders.
(2) Any information received by a school district, principal, or
school personnel under this section 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.
(3) This section may not be construed to confer any powers pursuant
to RCW 4.24.550 upon the public safety department of any public or
private school or institution of higher education.
Sec. 3 RCW 28A.320.125 and 2009 c 578 s 10 are each amended to
read as follows:
(1) The legislature considers it to be a matter of public safety
for public schools and staff to have current safe school plans and
procedures in place, fully consistent with federal law. The
legislature further finds and intends, by requiring safe school plans
to be in place, that school districts will become eligible for federal
assistance. The legislature further finds that schools are in a
position to serve the community in the event of an emergency resulting
from natural disasters or man-made disasters.
(2) Schools and school districts shall consider the guidance
provided by the superintendent of public instruction, including the
comprehensive school safety checklist and the model comprehensive safe
school plans that include prevention, intervention, all hazard/crisis
response, and postcrisis recovery, when developing their own individual
comprehensive safe school plans. Each school district shall adopt, no
later than September 1, 2008, and implement a safe school plan
consistent with the school mapping information system pursuant to RCW
36.28A.060. The plan shall:
(a) Include required school safety policies and procedures;
(b) Address emergency mitigation, preparedness, response, and
recovery;
(c) Include provisions for assisting and communicating with
students and staff, including those with special needs or disabilities;
(d) Use the training guidance provided by the Washington emergency
management division of the state military department in collaboration
with the Washington state office of the superintendent of public
instruction school safety center and the school safety center advisory
committee;
(e) Require the building principal to be certified on the incident
command system;
(f) Take into account the manner in which the school facilities may
be used as a community asset in the event of a community-wide
emergency; and
(g) Set guidelines for requesting city or county law enforcement
agencies, local fire departments, emergency service providers, and
county emergency management agencies to meet with school districts and
participate in safety-related drills.
(3) To the extent funds are available, school districts shall
annually:
(a) Review and update safe school plans in collaboration with local
emergency response agencies;
(b) Conduct an inventory of all hazardous materials;
(c) Update information on the school mapping information system to
reflect current staffing and updated plans, including:
(i) Identifying all staff members who are trained on the national
incident management system, trained on the incident command system, or
are certified on the incident command system; and
(ii) Identifying school transportation procedures for evacuation,
to include bus staging areas, evacuation routes, communication systems,
parent-student reunification sites, and secondary transportation
agreements consistent with the school mapping information system; and
(d) Provide information to all staff on the use of emergency
supplies and notification and alert procedures.
(4) To the extent funds are available, school districts shall
annually record and report on the information and activities required
in subsection (3) of this section to the Washington association of
sheriffs and police chiefs.
(5) School districts are encouraged to work with local emergency
management agencies and other emergency responders to conduct one
tabletop exercise, one functional exercise, and two full-scale
exercises within a four-year period.
(6) Schools shall conduct no less than one safety-related drill
each month that school is in session. Schools shall complete no less
than one drill using the school mapping information system, one drill
for lockdowns, one drill for shelter-in-place, and six drills for fire
evacuation in accordance with the state fire code. Schools should
consider drills for earthquakes, tsunamis, or other high-risk local
events. Schools shall document the date and time of such drills. This
subsection is intended to satisfy all federal requirements for
comprehensive school emergency drills and evacuations.
(7) Educational service districts are encouraged to apply for
federal emergency response and crisis management grants with the
assistance of the superintendent of public instruction and the
Washington emergency management division of the state military
department.
(8) School districts shall collect the residential addresses and e-mail addresses of parents, legal guardians, students who are eighteen
years of age or older, and school district personnel. School districts
shall collect this information prior to the beginning of the school
year and at any time a student enrolls in a school in the district or
an employee is hired by the school district.
(9) The superintendent of public instruction may adopt rules to
implement provisions of this section. These rules may include, but are
not limited to, provisions for evacuations, lockdowns, or other
components of a comprehensive safe school plan.