AN
ACT Relating to compliance with federal standards for monitoring sex offenders;
amending RCW 9A.44.135 and 9A.44.140; and reenacting and amending RCW 9A.44.130
and 70.48.470.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9A.44.135 and 1999 c 196 s 15 are each amended to read as follows:
(1)
When an offender registers with the county sheriff pursuant to RCW 9A.44.130,
the county sheriff shall notify the police chief or town marshal of the
jurisdiction in which the offender has registered to live. If the offender
registers to live in an unincorporated area of the county, the sheriff shall
make reasonable attempts to verify that the offender is residing at the
registered address. If the offender registers to live in an incorporated city
or town, the police chief or town marshal shall make reasonable attempts to
verify that the offender is residing at the registered address. Reasonable
attempts at verifying an address shall include at a minimum:
(a)
For offenders who have not been previously designated sexually violent
predators under chapter 71.09 RCW or an equivalent procedure in another
jurisdiction, each year the chief law enforcement officer of the
jurisdiction where the offender is registered to live shall send by certified
mail, with return receipt requested, a nonforwardable verification form to the
offender at the offender's last registered address.
(b)
For offenders who have been previously designated sexually violent predators
under chapter 71.09 RCW or the equivalent procedure in another jurisdiction,
even if the designation has subsequently been removed, every ninety days 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.
(c)
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
chief law enforcement officer of the jurisdiction where the offender is
registered to live within ten days after receipt of the form.
(2)
The chief law enforcement officer of the jurisdiction where the offender has
registered to live 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 chief law enforcement
officer of the jurisdiction where the offender has registered to live shall
promptly forward this information to the county sheriff and to the Washington
state patrol for inclusion in the central registry of sex offenders.
(3)
When an offender notifies the county sheriff of a change to his or her
residence address pursuant to RCW 9A.44.130, and the new address is in a
different law enforcement jurisdiction, the county sheriff shall notify the
police chief or town marshal of the jurisdiction from which the offender has
moved.
Sec.
2. RCW
9A.44.130 and 1999 sp.s. c 6 s 2 and 1999 c 352 s 9 are each reenacted and
amended to read as follows:
(1)
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. 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. In
addition, any such adult or juvenile who is admitted to a public or private
institution of higher education shall, within ten days of enrolling or by the
first business day after arriving at the institution, whichever is earlier,
notify the sheriff for the county of the person's residence of the person's
intent to attend the institution. Persons required to register under this
section who are enrolled in a public or private institution of higher education
on June 11, 1998, must notify the county sheriff immediately. The sheriff
shall notify the 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.
(2)
This section may not be construed to confer any powers pursuant to RCW 4.24.500
upon the public safety department of any public or private institution of
higher education.
(3)(a)
The person shall provide the following information when registering: (i) Name;
(ii) address; (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) photograph; and (x) fingerprints.
(b)
Any person who lacks a fixed residence shall provide the following information
when registering: (i) Name; (ii) date and place of birth; (iii) place of
employment; (iv) crime for which convicted; (v) date and place of conviction;
(vi) aliases used; (vii) social security number; (viii) photograph; (ix)
fingerprints; and (x) where he or she plans to stay.
(4)(a)
Offenders shall register with the county sheriff 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 (10) 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 (4)(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 (4)(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 (10) of this
section.
(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 twenty-four hours after entering the county and
provide the information required in subsection (3)(b) of this section.
(viii)
OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER SUPERVISION. Offenders
who lack a fixed residence and who are under the supervision of the department
shall register in the county of their supervision.
(ix)
OFFENDERS WHO MOVE TO, WORK, CARRY ON A VOCATION, OR ATTEND SCHOOL IN ANOTHER
STATE. Offenders required to register in Washington, who move to another
state, or who work, carry on a vocation, or attend school in another state
shall register a new address, fingerprints, and photograph with the new state
within ten 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 ten 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)
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
(10) 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 (4)(c)
constitutes grounds for filing another charge of failing to register.
Registering following arrest, service, or arraignment on charges shall not
relieve the offender from criminal liability for failure to register prior to
the filing of the original charge.
(d)
The deadlines for the duty to register under this section do not relieve any
sex offender of the duty to register under this section as it existed prior to
July 28, 1991.
(5)(a)
If any person required to register pursuant to this section changes his or her
residence address within the same county, the person must send written notice
of the change of address to the county sheriff 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.
(6)(a)
Any person required to register under this section who lacks a fixed residence
shall provide written notice to the sheriff of the county where he or she last
registered within fourteen days after ceasing to have a fixed residence. The
notice shall include the information required by subsection (3)(b) of this
section, except the photograph and fingerprints. The county sheriff may, for
reasonable cause, require the offender to provide a photograph and
fingerprints. The sheriff shall forward this information to the sheriff of the
county in which the person intends to reside, if the person intends to reside
in another county.
(b)
A person who lacks a fixed residence must report in person to the sheriff of
the county where he or she is registered. If he or she has been classified as
a risk level I sex or kidnapping offender, he or she must report monthly. If
he or she has been classified as a risk level II or III sex or kidnapping
offender, he or she must report weekly. The lack of a fixed residence is a
factor that may be considered in determining a sex offender's risk level.
(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 fourteen days after ceasing to have a
fixed residence and has subsequently complied with the requirements of
subsections (4)(a)(vii) or (viii) and (6) of this section. To prevail, the
person must prove the defense by a preponderance of the evidence.
(7)
A sex offender subject to registration requirements under this section who
applies to change his or her name under RCW 4.24.130 or any other law shall
submit a copy of the application to the county sheriff of the county of the
person's residence and to the state patrol not fewer than five days before the
entry of an order granting the name change. No sex offender under the
requirement to register under this section at the time of application shall be
granted an order changing his or her name if the court finds that doing so will
interfere with legitimate law enforcement interests, except that no order shall
be denied when the name change is requested for religious or legitimate
cultural reasons or in recognition of marriage or dissolution of marriage. A
sex offender under the requirement to register under this section who receives
an order changing his or her name shall submit a copy of the order to the
county sheriff of the county of the person's residence and to the state patrol
within five 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.
(9)
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.
(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.
(10)
A person who knowingly fails to register with the county sheriff or notify 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 sex
offense as defined in subsection (9)(a) of this section or a federal or
out-of-state conviction for an offense that under the laws of this state would
be a felony sex offense as defined in subsection (9)(a) of this section. 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.
(11)
A person who knowingly fails to register or who moves within the state
without notifying the county sheriff as required by this section is guilty of a
class C felony if the crime for which the individual was convicted was a felony
kidnapping offense as defined in subsection (9)(b) of this section or a federal
or out-of-state conviction for an offense that under the laws of this state
would be a felony kidnapping offense as defined in subsection (9)(b) of this
section. 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.
3. RCW
9A.44.140 and 1998 c 220 s 3 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[s]))
convictions 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[s])) convictions 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[s]))
convictions 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)(a)
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.
(b)(i)
The court may not relieve a person of the duty to register if the person has
been determined to be a sexually violent predator as defined in RCW 71.09.020,
or has been convicted of a sex offense or kidnapping offense that is a class A
felony and that was committed with forcible compulsion on or after the
effective date of this act.
(ii)
Any person subject to (b)(i) of this subsection 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 any new offense.
(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.
(a)
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.
(b)
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))) (i) 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)) (ii) 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
70.48.470 and 1997 c 364 s 3 and 1997 c 113 s 7 are each reenacted and 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 sex offense as defined
in RCW 9.94A.030 or a kidnapping offense as defined in RCW 9A.44.130 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) When a sex offender or a person convicted of a kidnapping
offense as defined in RCW 9A.44.130 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.
