BILL REQ. #: S-1530.2
| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/21/11.
AN ACT Relating to improving the administration and efficiency of sex and kidnapping offender registration; amending RCW 4.24.550, 9A.44.128, 9A.44.132, 9A.44.141, 9A.44.142, and 43.43.540; 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 4.24.550 and 2008 c 98 s 1 are each amended to read as
follows:
(1) In addition to the disclosure under subsection (5) of this
section, public agencies are authorized to release information to the
public regarding sex offenders and kidnapping offenders when the agency
determines that disclosure of the information is relevant and necessary
to protect the public and counteract the danger created by the
particular offender. This authorization applies to information
regarding: (a) Any person adjudicated or convicted of a sex offense as
defined in RCW ((9A.44.130)) 9A.44.128 or a kidnapping offense as
defined by RCW ((9A.44.130)) 9A.44.128; (b) any person under the
jurisdiction of the indeterminate sentence review board as the result
of a sex offense or kidnapping offense; (c) any person committed as a
sexually violent predator under chapter 71.09 RCW or as a sexual
psychopath under chapter 71.06 RCW; (d) any person found not guilty of
a sex offense or kidnapping offense by reason of insanity under chapter
10.77 RCW; and (e) any person found incompetent to stand trial for a
sex offense or kidnapping offense and subsequently committed under
chapter 71.05 or 71.34 RCW.
(2) Except for the information specifically required under
subsection (5) of this section, the extent of the public disclosure of
relevant and necessary information shall be rationally related to: (a)
The level of risk posed by the offender to the community; (b) the
locations where the offender resides, expects to reside, or is
regularly found; and (c) the needs of the affected community members
for information to enhance their individual and collective safety.
(3) Except for the information specifically required under
subsection (5) of this section, local law enforcement agencies shall
consider the following guidelines in determining the extent of a public
disclosure made under this section: (a) For offenders classified as
risk level I, the agency shall share information with other appropriate
law enforcement agencies and, if the offender is a student, the public
or private school regulated under Title 28A RCW or chapter 72.40 RCW
which the offender is attending, or planning to attend. The agency may
disclose, upon request, relevant, necessary, and accurate information
to any victim or witness to the offense and to any individual community
member who lives near the residence where the offender resides, expects
to reside, or is regularly found; (b) for offenders classified as risk
level II, the agency may also disclose relevant, necessary, and
accurate information to public and private schools, child day care
centers, family day care providers, public libraries, businesses and
organizations that serve primarily children, women, or vulnerable
adults, and neighbors and community groups near the residence where the
offender resides, expects to reside, or is regularly found; (c) for
offenders classified as risk level III, the agency may also disclose
relevant, necessary, and accurate information to the public at large;
and (d) because more localized notification is not feasible and
homeless and transient offenders may present unique risks to the
community, the agency may also disclose relevant, necessary, and
accurate information to the public at large for offenders registered as
homeless or transient.
(4) The county sheriff with whom an offender classified as risk
level III is registered shall cause to be published by legal notice,
advertising, or news release a sex offender community notification that
conforms to the guidelines established under RCW 4.24.5501 in at least
one legal newspaper with general circulation in the area of the sex
offender's registered address or location. ((The county sheriff shall
also cause to be published consistent with this subsection a current
list of level III registered sex offenders, twice yearly.)) Unless the
information is posted on the web site described in subsection (5) of
this section, this list shall be maintained by the county sheriff on a
publicly accessible web site and shall be updated at least once per
month.
(5)(a) When funded by federal grants or other sources, the
Washington association of sheriffs and police chiefs shall create and
maintain a statewide registered kidnapping and sex offender web site,
which shall be available to the public. The web site shall post all
level III and level II registered sex offenders, level I registered sex
offenders during the time they are out of compliance with registration
requirements under RCW 9A.44.130, and all registered kidnapping
offenders in the state of Washington.
(i) For level III offenders, the web site shall contain, but is not
limited to, the registered sex offender's name, relevant criminal
convictions, address by hundred block, physical description, and
photograph. The web site shall provide mapping capabilities that
display the sex offender's address by hundred block on a map. The web
site shall allow citizens to search for registered sex offenders within
the state of Washington by county, city, zip code, last name, ((type of
conviction,)) and address by hundred block.
(ii) For level II offenders, and level I sex offenders during the
time they are out of compliance with registration requirements under
RCW 9A.44.130, the web site shall contain, but is not limited to, the
same information and functionality as described in (a)(i) of this
subsection, provided that it is permissible under state and federal
law. If it is not permissible, the web site shall be limited to the
information and functionality that is permissible under state and
federal law.
(iii) For kidnapping offenders, the web site shall contain, but is
not limited to, the same information and functionality as described in
(a)(i) of this subsection, provided that it is permissible under state
and federal law. If it is not permissible, the web site shall be
limited to the information and functionality that is permissible under
state and federal law.
(b) Until the implementation of (a) of this subsection, the
Washington association of sheriffs and police chiefs shall create a web
site available to the public that provides electronic links to county-operated web sites that offer sex offender registration information.
(6) Local law enforcement agencies that disseminate information
pursuant to this section shall: (a) Review available risk level
classifications made by the department of corrections, the department
of social and health services, and the indeterminate sentence review
board; (b) assign risk level classifications to all offenders about
whom information will be disseminated; and (c) make a good faith effort
to notify the public and residents ((at least fourteen days before the
offender is released from confinement or, where an offender moves from
another jurisdiction, as soon as possible after the agency learns of
the offender's move, except that in no case may this notification
provision be construed to require an extension of an offender's release
date)) within a reasonable period of time after the offender registers
with the agency. The juvenile court shall provide local law
enforcement officials with all relevant information on offenders
allowed to remain in the community in a timely manner.
(7) An appointed or elected public official, public employee, or
public agency as defined in RCW 4.24.470, or units of local government
and its employees, as provided in RCW 36.28A.010, are immune from civil
liability for damages for any discretionary risk level classification
decisions or release of relevant and necessary information, unless it
is shown that the official, employee, or agency acted with gross
negligence or in bad faith. The immunity in this section applies to
risk level classification decisions and the release of relevant and
necessary information regarding any individual for whom disclosure is
authorized. The decision of a local law enforcement agency or official
to classify an offender to a risk level other than the one assigned by
the department of corrections, the department of social and health
services, or the indeterminate sentence review board, or the release of
any relevant and necessary information based on that different
classification shall not, by itself, be considered gross negligence or
bad faith. The immunity provided under this section applies to the
release of relevant and necessary information to other public
officials, public employees, or public agencies, and to the general
public.
(8) Except as may otherwise be provided by law, nothing in this
section shall impose any liability upon a public official, public
employee, or public agency for failing to release information
authorized under this section.
(9) Nothing in this section implies that information regarding
persons designated in subsection (1) of this section is confidential
except as may otherwise be provided by law.
(10) When a local law enforcement agency or official classifies an
offender differently than the offender is classified by the end of
sentence review committee or the department of social and health
services at the time of the offender's release from confinement, the
law enforcement agency or official shall notify the end of sentence
review committee or the department of social and health services and
submit its reasons supporting the change in classification. ((Upon
implementation of subsection (5)(a) of this section, notification of
the change shall also be sent to the Washington association of sheriffs
and police chiefs.))
Sec. 2 RCW 9A.44.128 and 2010 c 267 s 1 are each amended to read
as follows:
For the purposes of RCW 9A.44.130 through 9A.44.145, 10.01.200,
43.43.540, 70.48.470, and 72.09.330, the following definitions apply:
(1) "Business day" means any day other than Saturday, Sunday, or a
legal local, state, or federal holiday.
(2) "Conviction" means any adult conviction or juvenile
adjudication for a sex offense or kidnapping offense.
(3) "Disqualifying offense" means a conviction for: Any offense
that is a felony; a sex offense as defined in this section; a crime
against children or persons as defined in RCW 43.43.830(5) and
9.94A.411(2)(a); an offense with a domestic violence designation as
provided in RCW 10.99.020; permitting the commercial sexual abuse of a
minor as defined in RCW 9.68A.103; or any violation of chapter 9A.88
RCW.
(4) "Employed" or "carries on a vocation" means employment that is
full time or part time for a period of time exceeding fourteen days, or
for an aggregate period of time exceeding thirty days during any
calendar year. A person is employed or carries on a vocation whether
the person's employment is financially compensated, volunteered, or for
the purpose of government or educational benefit.
(5) "Fixed residence" means a building that a person lawfully and
habitually uses as living quarters a majority of the week. Uses as
living quarters means to conduct activities consistent with the common
understanding of residing, such as sleeping; eating; keeping personal
belongings; receiving mail; and paying utilities, rent, or mortgage.
A nonpermanent structure including, but not limited to, a motor home,
travel trailer, camper, or boat may qualify as a residence provided it
is lawfully and habitually used as living quarters a majority of the
week, primarily kept at one location with a physical address, and the
location it is kept at is either owned or rented by the person or used
by the person with the permission of the owner or renter. A shelter
program may qualify as a residence provided it is a shelter program
designed to provide temporary living accommodations for the homeless,
provides an offender with a personally assigned living space, and the
offender is permitted to store belongings in the living space.
(6) "In the community" means residing outside of confinement or
incarceration for a disqualifying offense.
(7) "Institution of higher education" means any public or private
institution dedicated to postsecondary education, including any
college, university, community college, trade, or professional school.
(8) "Kidnapping offense" means:
(a) The crimes of kidnapping in the first degree, kidnapping in the
second degree, and unlawful imprisonment, as defined in chapter 9A.40
RCW, where the victim is a minor and the offender is not the minor's
parent;
(b) Any offense that is, under chapter 9A.28 RCW, a criminal
attempt, criminal solicitation, or criminal conspiracy to commit an
offense that is classified as a kidnapping offense under this
subsection; and
(c) Any federal or out-of-state conviction for: An offense for
which the person would be required to register as a kidnapping offender
((while)) if residing in the state of conviction; or, if not required
to register in the state of conviction, an offense that under the laws
of this state would be classified as a kidnapping offense under this
subsection((, unless a court in the person's state of conviction has
made an individualized determination that the person should not be
required to register)).
(((6))) (9) "Lacks a fixed residence" means the person does not
have a living situation that meets the definition of residence and
includes, but is not limited to, a shelter program designed to provide
temporary living accommodations for the homeless, an outdoor sleeping
location, or locations where the person does not have permission to
stay.
(10) "Sex offense" means:
(a) Any offense defined as a sex offense by RCW 9.94A.030;
(b) Any violation under RCW 9A.44.096 (sexual misconduct with a
minor in the second degree);
(c) Any violation under RCW 9.68A.090 (communication with a minor
for immoral purposes);
(d) Any gross misdemeanor that is, under chapter 9A.28 RCW, a
criminal attempt, criminal solicitation, or criminal conspiracy to
commit an offense that is classified as a sex offense under RCW
9.94A.030 or this subsection;
(e) Any ((federal or)) out-of-state conviction for((:)) an offense
for which the person would be required to register as a sex offender
while residing in the state of conviction; or, if not required to
register in the state of conviction, an offense that under the laws of
this state would be classified as a sex offense under this
subsection((, unless a court in the person's state of conviction has
made an individualized determination that the person should not be
required to register; and));
(e) Any gross misdemeanor that is, under chapter 9A.28 RCW, a
criminal attempt, criminal solicitation, or criminal conspiracy to
commit an offense that is classified as a sex offense under RCW
9.94A.030 or this subsection
(f) Any federal conviction classified as a sex offense under 42
U.S.C. Sec. 16911 (SORNA);
(g) Any military conviction for a sex offense. This includes sex
offenses under the uniform code of military justice, as specified by
the United States secretary of defense;
(h) Any conviction in a foreign country for a sex offense if it was
obtained with sufficient safeguards for fundamental fairness and due
process for the accused under guidelines or regulations established
pursuant to 42 U.S.C. Sec. 16912.
(((7))) (11) "School" means a public or private school regulated
under Title 28A RCW or chapter 72.40 RCW.
(12) "Student" means a person who is enrolled, on a full-time or
part-time basis, in any ((public or private educational institution.
An educational institution includes any secondary school, trade or
professional institution,)) school or institution of higher education.
Sec. 3 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 must give notice to the county sheriff of the county
with whom the person is registered within three business days:
(i) Prior to arriving at a school or institution of higher
education to attend classes;
(ii) Prior to starting work at an institution of higher education;
(iii) After any termination of enrollment or employment at a school
or institution of higher education;
(((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;)) (2)(a) ((
(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's principal or
institution's department of public safety and shall provide that
department with the same information provided to a county sheriff under
subsection (3) of this section.
(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)The)) A person ((shall)) required to register under
this section must provide the following information when registering:
(i) Name and any aliases used; (ii) complete and accurate residential
address or, if the person lacks a fixed residence, where he or she
plans to stay; (iii) date and place of birth; (iv) place of employment;
(v) crime for which convicted; (vi) date and place of conviction; (vii)
((aliases used; (viii))) social security number; (((ix))) (viii)
photograph; and (((x))) (ix) fingerprints.
(b) ((Any)) A person ((who lacks a fixed residence shall provide
the following information when registering: (i) Name; (ii) date and
place of birth; (iii) place of employment; (iv) crime for which
convicted; (v) date and place of conviction; (vi) aliases used; (vii)
social security number; (viii) photograph; (ix) fingerprints; and (x)
where he or she plans to stay)) may be required to update any of the
information required in this subsection in conjunction with any address
verification conducted by the county sheriff or as part of any notice
required by this section.
(c) A photograph or copy of an individual's fingerprints may be
taken at any time to update an individual's file.
(((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)(b))) (2)(a) 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))) (4)(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))) (5)(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)(b))) (2)(a)
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))) (6) 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.)) (7) 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.
(9)
NEW SECTION. Sec. 4 A new section is added to chapter 9A.44 RCW
to read as follows:
(1) Upon receiving notice from a registered person pursuant to RCW
9A.44.130 that the person will be attending a school or institution of
higher education or will be employed with an institution of higher
education, the sheriff must promptly notify the school district and the
school principal or institution's department of public safety and shall
provide that school or department with the person's: (a) Name and any
aliases used; (b) complete residential address; (c) date and place of
birth; (d) place of employment; (e) crime for which convicted; (f) date
and place of conviction; (g) social security number; (h) photograph;
and (i) risk level classification.
(2) A principal or department receiving notice under this
subsection must disclose the information received from the sheriff as
follows:
(a) If the student is classified as a risk level II or III, the
principal shall provide the information received to every teacher of
the student 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 is classified as a risk level I, the principal
or department shall provide the information received only to personnel
who, in the judgment of the principal or department, for security
purposes should be aware of the student's record.
(3) The sheriff shall notify the applicable school district and
school principal or institution's department of public safety whenever
a student's risk level classification is changed or the sheriff is
notified of a change in the student's address.
(4) Any information received by school or institution 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.
Sec. 5 RCW 9A.44.132 and 2010 c 267 s 3 are each amended to read
as follows:
(1) A person commits the crime of failure to register as a sex
offender if the person has a duty to register under RCW 9A.44.130 for
a felony sex offense ((as defined in that section)) and knowingly fails
to comply with any of the requirements of RCW 9A.44.130.
(a) ((Except as provided in (b) of this subsection,)) The failure
to register as a sex offender pursuant to this subsection is a class C
felony if:
(i) It is the person's first conviction for a felony failure to
register; or
(ii) The person has previously been convicted of a felony failure
to register as a sex offender in this state or pursuant to the laws of
another state.
(b) If a person has been convicted ((in this state)) of a felony
failure to register as a sex offender in this state or pursuant to the
laws of another state on two or more prior occasions, the failure to
register under this subsection is a class B felony.
(2) A person is guilty of failure to register as a sex offender if
the person has a duty to register under RCW 9A.44.130 for a sex offense
other than a felony and knowingly fails to comply with any of the
requirements of RCW 9A.44.130. The failure to register as a sex
offender under this subsection is a gross misdemeanor.
(3) A person commits the crime of failure to register as a
kidnapping offender if the person has a duty to register under RCW
9A.44.130 for a kidnapping offense and knowingly fails to comply with
any of the requirements of RCW 9A.44.130.
(a) If the person has a duty to register for a felony kidnapping
offense, the failure to register as a kidnapping offender is a class C
felony.
(b) If the person has a duty to register for a kidnapping offense
other than a felony, the failure to register as a kidnapping offender
is a gross misdemeanor.
(4) Unless relieved of the duty to register pursuant to RCW
9A.44.141 and 9A.44.142, a violation of this section is an ongoing
offense for purposes of the statute of limitations under RCW 9A.04.080.
Sec. 6 RCW 9A.44.141 and 2010 c 267 s 5 are each amended to read
as follows:
(1) Upon the request of a person who is listed in the Washington
state patrol central registry of sex offenders and kidnapping
offenders, the county sheriff shall investigate whether a person's duty
to register has ended by operation of law pursuant to RCW 9A.44.140.
(a) Using available records, the county sheriff shall verify that
the offender has spent the requisite time in the community and has not
been convicted of a disqualifying offense.
(b) If the county sheriff determines the person's duty to register
has ended by operation of law, the county sheriff shall request the
Washington state patrol remove the person's name from the central
registry.
(2) Nothing in this subsection prevents a county sheriff from
investigating, upon his or her own initiative, whether a person's duty
to register has ended by operation of law pursuant to RCW 9A.44.140.
(3)(a) A person who is listed in the central registry as the result
of a federal or out-of-state conviction may request the county sheriff
to investigate whether the person should be removed from the registry
if:
(i) A court in the person's state of conviction has made an
individualized determination that the person should not be required to
register; and
(ii) The person provides proof of relief from registration to the
county sheriff.
(b) If the county sheriff determines the person has been relieved
of the duty to register in his or her state of conviction, the county
sheriff shall request the Washington state patrol remove the person's
name from the central registry.
(4) An appointed or elected public official, public employee, or
public agency as defined in RCW 4.24.470, or units of local government
and its employees, as provided in RCW 36.28A.010, are immune from civil
liability for damages for removing or requesting the removal of a
person from the central registry of sex offenders and kidnapping
offenders or the failure to remove or request removal of a person
within the time frames provided in RCW 9A.44.140.
Sec. 7 RCW 9A.44.142 and 2010 c 267 s 6 are each amended to read
as follows:
(1) A person who is required to register under RCW 9A.44.130 may
petition the superior court to be relieved of the duty to register:
(a) If the person has a duty to register for a sex offense or
kidnapping offense committed when the offender was a juvenile,
regardless of whether the conviction was in this state, as provided in
RCW 9A.44.143;
(b) If the person is required to register for a conviction in this
state and is not prohibited from petitioning for relief from
registration under subsection (2) of this section, when the person has
spent ten consecutive years in the community without being convicted of
a disqualifying offense during that time period; ((and)) or
(c) If the person is required to register for a federal or out-of-state conviction, when the person has spent fifteen consecutive years
in the community without being convicted of a disqualifying offense
during that time period.
(2)(a) A person may not petition for relief from registration if
the person has been:
(i) Determined to be a sexually violent predator as defined in RCW
71.09.020;
(ii) Convicted as an adult of a sex offense or kidnapping offense
that is a class A felony and that was committed with forcible
compulsion on or after June 8, 2000; or
(iii) Until July 1, 2012, convicted of one aggravated offense or
more than one sexually violent offense, as defined in subsection (5) of
this section, and the offense or offenses were committed on or after
March 12, 2002. After July 1, 2012, this subsection (2)(a)(iii) shall
have no further force and effect.
(b) Any person who may not be relieved of the duty to register may
petition the court to be exempted from any community notification
requirements that the person may be subject to fifteen years after the
later of the entry of the judgment and sentence or the last date of
release from confinement, including full-time residential treatment,
pursuant to the conviction, if the person has spent the time in the
community without being convicted of a disqualifying offense.
(3) A petition for relief from registration or exemption from
notification 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)) the county where the person is registered at the time the
petition is sought. The prosecuting attorney of the county shall be
named and served as the respondent in any such petition.
(4)(a) The court may relieve a petitioner of the duty to register
only if 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.
(b) In determining whether the petitioner is sufficiently
rehabilitated to warrant removal from the registry, the following
factors are provided as guidance to assist the court in making its
determination:
(i) The nature of the registrable offense committed including the
number of victims and the length of the offense history;
(ii) Any subsequent criminal history;
(iii) The petitioner's compliance with supervision requirements;
(iv) The length of time since the charged incident(s) occurred;
(v) Any input from community corrections officers, law enforcement,
or treatment providers;
(vi) Participation in sex offender treatment;
(vii) Participation in other treatment and rehabilitative programs;
(viii) The offender's stability in employment and housing;
(ix) The offender's community and personal support system;
(x) Any risk assessments or evaluations prepared by a qualified
professional;
(xi) Any updated polygraph examination;
(xii) Any input of the victim;
(xiii) Any other factors the court may consider relevant.
(5)(a) A person who has been convicted of an aggravated offense, or
has been convicted of one or more prior sexually violent offenses or
criminal offenses against a victim who is a minor, as defined in (b) of
this subsection:
(i) Until July 1, 2012, may not be relieved of the duty to
register;
(ii) After July 1, 2012, may petition the court to be relieved of
the duty to register as provided in this section;
(iii) This provision shall apply to convictions for crimes
committed on or after July 22, 2001.
(b) Unless the context clearly requires otherwise, the following
definitions apply only to the federal lifetime registration
requirements under this subsection:
(i) "Aggravated offense" means an adult conviction that meets the
definition of 18 U.S.C. Sec. 2241, which is limited to the following:
(A) Any sex offense involving sexual intercourse or sexual contact
where the victim is under twelve years of age;
(B) RCW 9A.44.040 (rape in the first degree), RCW 9A.44.073 (rape
of a child in the first degree), or RCW 9A.44.083 (child molestation in
the first degree);
(C) Any of the following offenses when committed by forcible
compulsion or by the offender administering, by threat or force or
without the knowledge or permission of that person, a drug, intoxicant,
or other similar substance that substantially impairs the ability of
that person to appraise or control conduct: RCW 9A.44.050 (rape in the
second degree), RCW 9A.44.100 (indecent liberties), RCW 9A.44.160
(custodial sexual misconduct in the first degree), RCW 9A.64.020
(incest), or RCW 9.68A.040 (sexual exploitation of a minor);
(D) Any of the following offenses when committed by forcible
compulsion or by the offender administering, by threat or force or
without the knowledge or permission of that person, a drug, intoxicant,
or other similar substance that substantially impairs the ability of
that person to appraise or control conduct, if the victim is twelve
years of age or over but under sixteen years of age and the offender is
eighteen years of age or over and is more than forty-eight months older
than the victim: RCW 9A.44.076 (rape of a child in the second degree),
RCW 9A.44.079 (rape of a child in the third degree), RCW 9A.44.086
(child molestation in the second degree), or RCW 9A.44.089 (child
molestation in the third degree);
(E) A felony with a finding of sexual motivation under RCW
9.94A.835 where the victim is under twelve years of age or that is
committed by forcible compulsion or by the offender administering, by
threat or force or without the knowledge or permission of that person,
a drug, intoxicant, or other similar substance that substantially
impairs the ability of that person to appraise or control conduct;
(F) An offense that is, under chapter 9A.28 RCW, an attempt or
solicitation to commit such an offense; or
(G) An offense defined by federal law or the laws of another state
that is equivalent to the offenses listed in (b)(i)(A) through (F) of
this subsection.
(ii) "Sexually violent offense" means an adult conviction that
meets the definition of 42 U.S.C. Sec. 14071(a)(1)(A), which is limited
to the following:
(A) An aggravated offense;
(B) An offense that is not an aggravated offense but meets the
definition of 18 U.S.C. Sec. 2242, which is limited to RCW 9A.44.050(1)
(b) through (f) (rape in the second degree) and RCW 9A.44.100(1) (b)
through (f) (indecent liberties);
(C) A felony with a finding of sexual motivation under RCW
9.94A.835 where the victim is incapable of appraising the nature of the
conduct or physically incapable of declining participation in, or
communicating unwillingness to engage in, the conduct;
(D) An offense that is, under chapter 9A.28 RCW, an attempt or
solicitation to commit such an offense; or
(E) An offense defined by federal law or the laws of another state
that is equivalent to the offenses listed in (b)(ii)(A) through (D) of
this subsection.
(iii) "Criminal offense against a victim who is a minor" means, in
addition to any aggravated offense or sexually violent offense where
the victim was under eighteen years of age, an adult conviction for the
following offenses where the victim is under eighteen years of age:
(A) RCW 9A.44.060 (rape in the third degree), RCW 9A.44.076 (rape
of a child in the second degree), RCW 9A.44.079 (rape of a child in the
third degree), RCW 9A.44.086 (child molestation in the second degree),
RCW 9A.44.089 (child molestation in the third degree), RCW 9A.44.093
(sexual misconduct with a minor in the first degree), RCW 9A.44.096
(sexual misconduct with a minor in the second degree), RCW 9A.44.160
(custodial sexual misconduct in the first degree), RCW 9A.64.020
(incest), RCW 9.68A.040 (sexual exploitation of a minor), RCW 9.68A.090
(communication with a minor for immoral purposes), or RCW 9.68A.100
(commercial sexual abuse of a minor);
(B) RCW 9A.40.020 (kidnapping in the first degree), RCW 9A.40.030
(kidnapping in the second degree), or RCW 9A.40.040 (unlawful
imprisonment), where the victim is a minor and the offender is not the
minor's parent;
(C) A felony with a finding of sexual motivation under RCW
9.94A.835 where the victim is a minor;
(D) An offense that is, under chapter 9A.28 RCW, an attempt or
solicitation to commit such an offense; or
(E) An offense defined by federal law or the laws of another state
that is equivalent to the offenses listed in (b)(iii)(A) through (D) of
this subsection.
Sec. 8 RCW 43.43.540 and 2006 c 136 s 1 are each amended to read
as follows:
(1) The county sheriff shall (((1))) forward ((the)) registration
information, photographs, and fingerprints obtained pursuant to RCW
9A.44.130, including the sex offender's risk level classification and
any notice of change of address, to the Washington state patrol within
five working days((; and)).
(2) Upon implementation of RCW 4.24.550(5)(a), the Washington state
patrol ((will forward the information necessary to operate the
registered sex offender web site described in RCW 4.24.550(5)(a) to the
Washington association of sheriffs and police chiefs within five
working days of receiving the information, including any notice of
change of address or change in risk level notification. The state
patrol)) shall maintain a central registry of sex offenders and
kidnapping offenders required to register under RCW 9A.44.130 and shall
adopt rules consistent with chapters 10.97, 10.98, and 43.43 RCW as are
necessary to carry out the purposes of RCW 9A.44.130, 9A.44.140,
10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330. The
Washington state patrol shall reimburse the counties for the costs of
processing the offender registration, including taking the offender's
fingerprints and ((the)) photograph((s)).