AN
ACT Relating to sex offender registration; amending RCW 9A.44.135, 9A.44.140,
43.43.540, and 4.24.130; and reenacting and amending RCW 9A.44.130 and
4.24.550.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9A.44.130 and 1997 c 340 s 3 and 1997 c 113 s 3 are each reenacted and amended
to read as follows:
(1)
Any adult or juvenile residing, 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. Where 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.
(2)
The person shall provide ((the county sheriff with)) the following
information when registering: (a) Name; (b) address; (c) date and place of
birth; (d) place of employment; (e) crime for which convicted; (f) date and
place of conviction; (g) aliases used; ((and)) (h) social security
number; (i) photograph; and (j) fingerprints.
(3)(a)
Offenders shall register within the following deadlines. For purposes of this
section the term "conviction" refers to adult convictions and
juvenile adjudications for sex offenses or kidnapping offenses:
(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 twenty-four hours 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. Failure
to register at the time of release and within twenty-four hours of
release constitutes a violation of this section and is punishable as provided
in subsection (((7))) (8) of this section.
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 correction's
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 correction's 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 (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. The obligation to register shall only cease
pursuant to RCW 9A.44.140.
(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 twenty-four hours 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 (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. The obligation to register shall only
cease pursuant to RCW 9A.44.140.
(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 immediately upon completion 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 thirty 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, or Washington
state for offenses committed 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 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 twenty-four hours 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 twenty-four hours 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 twenty-four hours of receiving
notice of this registration requirement. The state department of social and
health services shall make reasonable attempts within available resources to
notify sex offenders who were released before July 23, 1995, and kidnapping
offenders who were released before July 27, 1997. Failure to register within
twenty-four hours of release, or of receiving notice, constitutes a violation
of this section and is punishable as provided in subsection (((7))) (8)
of this section.
(b)
Failure to register within the time required under this section constitutes a
per se violation of this section and is punishable as provided in subsection (((7)))
(8) of this section. 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 this section, or arraignment on charges for a
violation of this section, constitutes actual notice of the duty to register.
Any person charged with the crime of failure to register under this section who
asserts as a defense the lack of notice of the duty to register shall register
immediately following actual notice of the duty through arrest, service, or
arraignment. Failure to register as required under this subsection (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.
(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 send written notice
of the change of address to the county sheriff ((at least fourteen days
before)) within seventy-two hours of moving. If any person required
to register pursuant to this section moves to a new county, the person must
send written notice of the change of address at least fourteen days before
moving to the county sheriff in the new county of residence and must register
with that county sheriff within twenty-four hours of moving. The person must
also send written notice within ten days 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. If any person required to register
pursuant to this section moves out of Washington state, the person must also send
written notice within ten days of moving to the new state or a foreign country
to the county sheriff with whom the person last registered in Washington
state. 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.
(b)
It is an affirmative defense to a charge that the person failed to send a
notice at least fourteen days in advance of moving as required under (a) of
this subsection that the person did not know the location of his or her new
residence at least fourteen days before moving. The defendant must establish
the defense by a preponderance of the evidence and, to prevail on the defense,
must also prove by a preponderance that the defendant sent the required notice
within twenty-four hours of determining the new address.
(5)
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 five days of the entry of the order.
(6)
The county sheriff shall obtain a photograph of the individual and shall obtain
a copy of the individual's fingerprints.
(((6)))
(7) For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470,
and 72.09.330:
(a)
"Sex offense" means any offense defined as a sex offense by RCW
9.94A.030 and any violation of RCW 9.68A.040 (sexual exploitation of a minor),
9.68A.050 (dealing in depictions of minor engaged in sexually explicit
conduct), 9.68A.060 (sending, bringing into state depictions of minor engaged
in sexually explicit conduct), 9.68A.090 (communication with minor for immoral
purposes), 9.68A.100 (patronizing juvenile prostitute), or 9A.44.096 (sexual
misconduct with a minor in the second degree), as well as 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.
(b)
"Kidnapping offense" means 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.
(((7)))
(c) "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.
(d)
"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,
or institution of higher education.
(8)
A person who knowingly fails to register or who moves without notifying the
county sheriff, or who changes his or her name without notifying the county
sheriff and the state patrol, as required by this section is guilty of a
class C felony if the crime for which the individual was convicted was a felony
or a federal or out-of-state conviction for an offense that under the laws of
this state would be a felony. If the crime was other than a felony or a
federal or out-of-state conviction for an offense that under the laws of this state
would be other than a felony, violation of this section is a gross misdemeanor.
Sec.
2. RCW
9A.44.135 and 1995 c 248 s 3 are each amended to read as follows:
(1)
When ((a sex)) an offender registers with the county sheriff
pursuant to RCW 9A.44.130, the county sheriff shall make reasonable attempts to
verify that the ((sex)) offender is residing at the registered address.
Reasonable attempts at verifying an address shall include at a minimum ((sending
certified mail, with return receipt requested, to the sex offender at the
registered address, and if the return receipt is not signed by the sex
offender, talking in person with the residents living at the address)):
(a)
Each year the county sheriff shall send by certified mail, with return receipt
requested, a nonforwardable verification form to the offender at the offender's
last registered address.
(b)
The offender must sign the verification form, state on the form whether he or
she still resides at the last registered address, and return the form to the
county sheriff within ten days after receipt of the form.
(2)
The sheriff shall make reasonable attempts to locate any sex offender who fails
to return the verification form or who cannot be located at the registered
address. If the offender fails to return the verification form or the
offender is not at the last registered address, the county sheriff shall
promptly forward this information to the Washington state patrol for inclusion
in the central registry of sex offenders.
Sec.
3. RCW
9A.44.140 and 1997 c 113 s 4 are each amended to read as follows:
(1)
The duty to register under RCW 9A.44.130 shall end:
(a)
For a person convicted of a class A felony, or a person convicted of any sex
offense or kidnapping offense who has one or more prior conviction for a sex
offense or kidnapping offense: Such person may only be relieved of the
duty to register under subsection (3) or (4) of this section.
(b)
For a person convicted of a class B felony, and the person does not have one
or more prior conviction for a sex offense or kidnapping offense: Fifteen
years after the last date of release from confinement, if any, (including
full-time residential treatment) pursuant to the conviction, or entry of the
judgment and sentence, if the person has spent fifteen consecutive years in the
community without being convicted of any new offenses.
(c)
For a person convicted of a class C felony, a violation of RCW 9.68A.090 or
9A.44.096, or an attempt, solicitation, or conspiracy to commit a class C
felony, and the person does not have one or more prior conviction for a sex
offense or kidnapping offense: Ten years after the last date of release
from confinement, if any, (including full-time residential treatment) pursuant
to the conviction, or entry of the judgment and sentence, if the person has
spent ten consecutive years in the community without being convicted of any new
offenses.
(2)
The provisions of subsection (1) of this section shall apply equally to a
person who has been found not guilty by reason of insanity under chapter 10.77
RCW of a sex offense or kidnapping offense.
(3)
Any person having a duty to register under RCW 9A.44.130 may petition the
superior court to be relieved of that duty, if the person has spent ten
consecutive years in the community without being convicted of any new offenses.
The petition shall be made to the court in which the petitioner was convicted
of the offense that subjects him or her to the duty to register, or, in the
case of convictions in other states, a foreign country, or a federal or
military court, to the court in Thurston county. The prosecuting attorney of
the county shall be named and served as the respondent in any such petition.
The court shall consider the nature of the registrable offense committed, and
the criminal and relevant noncriminal behavior of the petitioner both before
and after conviction, and may consider other factors. Except as provided in
subsection (4) of this section, the court may relieve the petitioner of the
duty to register only if the petitioner shows, with clear and convincing
evidence, that future registration of the petitioner will not serve the
purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and
72.09.330.
(4)
An offender having a duty to register under RCW 9A.44.130 for a sex offense or
kidnapping offense committed when the offender was a juvenile may petition the
superior court to be relieved of that duty. The court shall consider the
nature of the registrable offense committed, and the criminal and relevant
noncriminal behavior of the petitioner both before and after adjudication, and
may consider other factors. The court may relieve the petitioner of the duty
to register for a sex offense or kidnapping offense that was committed while
the petitioner was fifteen years of age or older only if the petitioner shows,
with clear and convincing evidence, that future registration of the petitioner
will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187,
70.48.470, and 72.09.330. The court may relieve the petitioner of the duty to
register for a sex offense or kidnapping offense that was committed while the
petitioner was under the age of fifteen if the petitioner (a) has not been
adjudicated of any additional sex offenses or kidnapping offenses during the
twenty-four months following the adjudication for the offense giving rise to
the duty to register, and (b) the petitioner proves by a preponderance of the
evidence that future registration of the petitioner will not serve the purposes
of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.
This
subsection shall not apply to juveniles prosecuted as adults.
(5)
Unless relieved of the duty to register pursuant to this section, a violation
of RCW 9A.44.130 is an ongoing offense for purposes of the statute of
limitations under RCW 9A.04.080.
(6)
Nothing in RCW 9.94A.220 relating to discharge of an offender shall be
construed as operating to relieve the offender of his or her duty to register
pursuant to RCW 9A.44.130.
Sec.
4. RCW
43.43.540 and 1997 c 113 s 6 are each amended to read as follows:
The
county sheriff shall forward the information, photographs, and
fingerprints obtained pursuant to RCW 9A.44.130, including any notice of
change of address, to the Washington state patrol within five working
days. 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 fingerprints and the photographs.
Sec.
5. RCW
4.24.130 and 1995 1st sp.s. c 19 s 14 are each amended to read as follows:
(1)
Any person desiring a change of his or her name or that of his or her child or
ward, may apply therefor to the district court of the judicial district in
which he or she resides, by petition setting forth the reasons for such change;
thereupon such court in its discretion may order a change of the name and
thenceforth the new name shall be in place of the former.
(2)
An offender under the jurisdiction of the department of corrections who applies
to change his or her name under subsection (1) of this section shall submit a
copy of the application to the department of corrections not fewer than five
days before the entry of an order granting the name change. No offender under
the jurisdiction of the department of corrections 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 penological 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. An offender under the jurisdiction of the department of corrections
who receives an order changing his or her name shall submit a copy of the order
to the department of corrections within five days of the entry of the order.
Violation of this subsection is a misdemeanor.
(3)
A sex offender subject to registration under RCW 9A.44.130 who applies to
change his or her name under subsection (1) of this section shall follow the
procedures set forth in RCW 9A.44.130(5).
(4)
The district court shall collect the fees authorized by RCW 36.18.010 for
filing and recording a name change order, and transmit the fee and the order to
the county auditor. The court may collect a reasonable fee to cover the cost
of transmitting the order to the county auditor.
(((4)))
(5) Name change petitions may be filed and shall be heard in superior
court when the person desiring a change of his or her name or that of his or
her child or ward is a victim of domestic violence as defined in RCW
26.50.010(1) and the person seeks to have the name change file sealed due to
reasonable fear for his or her safety or that of his or her child or ward.
Upon granting the name change, the superior court shall seal the file if the court
finds that the safety of the person seeking the name change or his or her child
or ward warrants sealing the file. In all cases filed under this subsection,
whether or not the name change petition is granted, there shall be no public
access to any court record of the name change filing, proceeding, or order,
unless the name change is granted but the file is not sealed.
Sec.
6. RCW
4.24.550 and 1997 c 364 s 1 and 1997 c 113 s 2 are each reenacted and amended
to read as follows:
(1)
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 ((9.94A.030)) 9A.44.130
or a kidnapping offense as defined by RCW 9A.44.130; (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)
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 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 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. 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.
(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 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 ((a sex)) 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.
(6)
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.
(7)
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.
(8)
When a local law enforcement agency or official classifies ((a sex)) an
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.
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.
