AN ACT Relating to the registration of sexual offenders; adding a new chapter to Title 9A RCW; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature recognizes that felony sexual offenders released into communities after serving time in prisons, jails, or hospitals often represent a danger to communities and citizens of the state of Washington. The legislature further recognizes that sexual offenders who have been convicted of violent crimes are likely to be apprehended for only a small percentage of the crimes they commit and that these violent offenders have a high recidivism rate. The intent of this legislation is to mandate the registration of sexual offenders reentering the community and to make certain that these registrations are linked to the criminal history records maintained by the Washington state patrol.

NEW SECTION. Sec. 2. Any person who, since July 1, 1986, has been or is subsequently convicted in this state of any felony sexual offense, or any person who has been committed to a state psychiatric institution for sexual deviancy, within thirty days after the effective date of this section, or within fourteen days of reentering any county or city in which he or she is residing for that length of time, shall register with the chief of police of the city in which he or she is residing or the sheriff of the county if he or she is residing in an unincorporated area.

NEW SECTION. Sec. 3. Any person who after July 1, 1986, is discharged, paroled, or released from a jail, prison, hospital, work release program, or other institution where he or she has been confined because of the commission or attempt to commit a felony sexual offense, prior to his or her release, shall be informed of his or her duty to register under this section by the official in charge of the place of confinement. The official shall require the person to read and sign the forms as required by the United States department of justice, stating that the duty to register under this section has been clearly explained to the releasee.

The official in charge of the place of confinement or hospital shall give one copy of the registration document to the releasee and shall forward copies to the Washington state patrol and law enforcement agencies in the region where the releasee plans to establish residence.

NEW SECTION. Sec. 4. Any person who is convicted of a felony sexual offense, and is released on probation, discharged by sentence deferral, or by payment of a fine, prior to release from custody of the court, shall be informed of his or her duty to register under section 2 of this act. The court shall obtain the address where the defendant expects to reside and shall report this release to local law enforcement agencies and the Washington state patrol within three days of that release. The registration shall consist of (1) a statement in writing by the offender, giving such information as may be required by the attorney general and (2) fingerprints, photographs, saliva tests, and DNA samples. Any person required to register under this chapter, who changes his or her address, shall inform the law enforcement agency with whom he or she registered of the new address, in writing within ten days. The required statement, photographs, and fingerprints shall not be open to inspection by the public or by any person other than a regularly employed peace officer or other law enforcement officer.

NEW SECTION. Sec. 5. A person required to register under the provisions of this chapter who fails to register under the provisions of section 2 of this act, is guilty of a class C felony. In addition to the penalty prescribed by a class C felony, in cases where the court has ordered registration, failure to register may also constitute contempt of court. The court may impose a sentence equal to the time the offender had left to serve of the original sentence, good time credits notwithstanding.

NEW SECTION. Sec. 6. All local law enforcement entities required to accept or process the registrations under this chapter shall work in cooperation with and shall submit all registration documents to the Washington state patrol for inclusion in its criminal history records.

NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 8. Sections 1 through 6 of this act shall constitute a new chapter in Title 9A RCW.

NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.