AN
ACT Relating to sex offender risk level classification and public notification
procedures; amending RCW 4.24.550, 13.40.217, 70.48.470, and 9.95.145; adding a
new section to chapter 72.09 RCW; and creating new sections.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
4.24.550 and 1996 c 215 s 1 are each amended to read as follows:
(1)
Public agencies are authorized to release ((relevant and necessary))
information to the public regarding sex offenders ((to the public
when the release of the information is necessary for public protection)) 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
9.94A.030; (b) any person under the jurisdiction of the indeterminate sentence
review board as the result of a sex 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 by
reason of insanity under chapter 10.77 RCW; and (e) any person found
incompetent to stand trial for a sex offense and subsequently committed under
chapter 71.05 or 71.34 RCW.
(2)
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)
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 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, 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; and (c) for offenders classified as risk level
III, the agency may also disclose relevant, necessary, and accurate information
to the public at large.
(4)
Local law enforcement agencies ((and officials who decide to release)) 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 sex 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 sex 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. ((If a change
occurs in the release plan, this notification provision will not require an
extension of the release date. The department of corrections and the
department of social and health services shall provide local law enforcement
officials with all relevant information on sex offenders about to be released
or placed into the community in a timely manner. When a sex offender under
county jurisdiction will be released from jail and will reside in a county
other than the county of incarceration, the chief law enforcement officer of
the jail, or his or her designee, shall notify the sheriff in the county where
the offender will reside of the offender's release as provided in RCW
70.48.470.
(3))) (5)
An appointed or elected public official, public employee, or public
agency as defined in RCW 4.24.470 is immune from civil liability for damages
for any discretionary ((decision to release)) risk level classification
decisions ((and the)) 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 ((authorization and))
immunity in this section applies to risk level classification decisions and
the release of relevant and necessary information regarding((: (a) A
person convicted of, or juvenile found to have committed, a sex offense as
defined by RCW 9.94A.030; (b) a person found not guilty of a sex offense by
reason of insanity under chapter 10.77 RCW; (c) a person found incompetent to
stand trial for a sex offense and subsequently committed under chapter 71.05 or
71.34 RCW; (d) a person committed as a sexual psychopath under chapter 71.06
RCW; or (e) a person committed as a sexually violent predator under chapter
71.09 RCW)) any individual for whom disclosure is authorized. The
decision of a local law enforcement agency or official to classify a sex
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 officials)), or public
agencies, and to the general public.
(((4)))
(6) Except as may otherwise be provided by ((statute))
law, nothing in this section shall impose any liability upon a public
official, public employee, or public agency for failing to release information
((as provided in subsections (2) and (3) of)) authorized under
this section.
(((5)))
(7) Nothing in this section implies that information regarding persons
designated in subsection((s (2) and (3))) (1) of this section is
confidential except as may otherwise be provided by ((statute))
law.
(8)
When a local law enforcement agency or official classifies a sex offender
differently than the offender is classified by the department of corrections,
the department of social and health services, or the indeterminate sentence
review board, the law enforcement agency or official shall notify the
appropriate department or the board and submit its reasons supporting the
change in classification.
Sec.
2. RCW
13.40.217 and 1990 c 3 s 102 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
juveniles adjudicated of sex offenses.
(2)
In order for public agencies to have the information necessary for notifying
the public about sex offenders as authorized in RCW 4.24.550, the secretary
shall issue to appropriate law enforcement agencies narrative notices regarding
the pending release of sex offenders from the department's juvenile
rehabilitation 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.
(3)
For the purposes of this section, the department shall classify as risk level I
those offenders whose risk assessments indicate a low risk of reoffense within
the community at large. The department shall classify as risk level II those
offenders whose risk assessments indicate a moderate risk of reoffense within
the community at large. The department shall classify as risk level III those
offenders whose risk assessments indicate a high risk of reoffense within the
community at large.
Sec.
3. RCW
70.48.470 and 1996 c 215 s 2 are each amended to read as follows:
(1)
A person having charge of a jail shall notify in writing any confined person
who is in the custody of the jail for a conviction of a ((sexual [sex]))
sex offense as defined in RCW 9.94A.030 of the registration requirements
of RCW 9A.44.130 at the time of the inmate's release from confinement, and
shall obtain written acknowledgment of such notification. The person shall
also obtain from the inmate the county of the inmate's residence upon release
from jail and, where applicable, the city.
(2)
((If an inmate convicted of a sexual offense will reside in a county other
than the county of incarceration upon release, the chief law enforcement
officer, or his or her designee, shall notify the sheriff of the county where
the inmate will reside of the inmate's impending release. Notice shall be
provided at least fourteen days prior to the inmate's release, or if the
release date is not known at least fourteen days prior to release, notice shall
be provided not later than the day after the inmate's release)) When a
sex offender under local government jurisdiction will reside in a county other
than the county of conviction upon discharge or release, the chief law
enforcement officer of the jail or his or her designee shall give notice of the
inmate's discharge or release to the sheriff of the county and, where
applicable, to the police chief of the city where the offender will reside.
NEW
SECTION. Sec. 4. A
new section is added to chapter 72.09 RCW 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)
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)
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 placement or 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)
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)
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.
Sec.
5. RCW
9.95.145 and 1990 c 3 s 127 are each amended to read as follows:
(1)
In addition to any other information required to be released under this
chapter, the indeterminate sentence review board may, pursuant to RCW 4.24.550,
release information concerning inmates under the jurisdiction of the
indeterminate sentence review board who are convicted of sex offenses as
defined in RCW 9.94A.030.
(2)
In order for public agencies to have the information necessary for notifying
the public about sex offenders as authorized in RCW 4.24.550, the board shall
issue to appropriate law enforcement agencies narrative notices regarding the
pending release from confinement of sex offenders under the board's
jurisdiction. The narrative notices shall, at a minimum, describe the identity
and criminal history behavior of the offender. For sex offenders being
discharged from custody on serving the maximum punishment provided by law or
fixed by the court, the narrative notices shall also include the board's risk
level classification for the offender and the reasons underlying the
classification.
(3)
For the purposes of this section, the board shall classify as risk level I
those offenders whose risk assessments indicate a low risk of reoffense within
the community at large. The board shall classify as risk level II those
offenders whose risk assessments indicate a moderate risk of reoffense within
the community at large. The board shall classify as risk level III those
offenders whose risk assessments indicate a high risk of reoffense within the
community at large.
NEW
SECTION. Sec. 6. (1)
By December 1, 1997, the Washington association of sheriffs and police chiefs
shall develop a model policy for law enforcement agencies to follow when they
disclose information about sex offenders to the public under RCW 4.24.550. The
model policy shall be designed to further the objectives of providing adequate
notice to the community concerning sex offenders who are or will be residing in
the community and of assisting community members in developing constructive
plans to prepare themselves and their children for residing near released sex
offenders.
(2)
In developing the policy, the association shall consult with representatives of
the following agencies and professions: (a) The department of corrections; (b)
the department of social and health services; (c) the indeterminate sentence
review board; (d) the Washington state council of police officers; (e) local correctional
agencies; (f) the Washington association of prosecuting attorneys; (g) the
Washington public defender association; (h) the Washington association for the
treatment of sexual abusers; and (i) victim advocates.
(3)
The model policy shall, at a minimum, include recommendations to address the
following issues: (a) Procedures for local agencies or officials to accomplish
the notifications required under RCW 4.24.550(8); (b) contents and form of
community notification documents, including procedures for ensuring the
accuracy of factual information contained in the notification documents, and
ways of protecting the privacy of victims of the offenders' crimes; (c) methods
of distributing community notification documents; (d) methods of providing follow-up
notifications to community residents at specified intervals and of disclosing
information about offenders to law enforcement agencies in other jurisdictions
if necessary to protect the public; (e) methods of educating community
residents at public meetings on how they can use the information in the
notification document in a reasonable manner to enhance their individual and
collective safety; (f) procedures for educating community members regarding the
right of sex offenders not to be the subject of harassment or criminal acts as
a result of the notification process; and (g) other matters the Washington
association of sheriffs and police chiefs deems necessary to ensure the
effective and fair administration of RCW 4.24.550.
NEW
SECTION. Sec. 7. (1)
The department of corrections, the department of social and health services,
and the indeterminate sentence review board shall jointly develop, by September
1, 1997, a consistent approach to risk assessment for the purposes of implementing
this act, including consistent standards for classifying sex offenders into
risk levels I, II, and III.
(2)
The department of social and health services, the department of corrections,
and the indeterminate sentence review board shall each prepare and deliver to
the legislature, by December 1, 1998, a report indicating the number of sex
offenders released after the effective date of this section and classified in
each level of risk category. The reports shall also include information on the
number, jurisdictions, and circumstances where the risk level classification
made by a local law enforcement agency or official for specific sex offenders
differed from the risk level classification made by the department or the
indeterminate sentence review board for the same offender.
NEW
SECTION. Sec. 8. If
specific funding for the purposes of this act, referencing this act by bill or
chapter number, is not provided by June 30, 1997, in the omnibus appropriations
act, this act is null and void.
NEW SECTION. Sec. 9. 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.
