BILL REQ. #:  H-3837.3 

Read first time 01/25/08.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to allowing law enforcement agencies to request state assistance when verifying a registered sex or kidnapping offender's residential address; amending RCW 9A.44.135; and adding a new section to chapter 4.24 RCW.

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

Sec. 1   RCW 9A.44.135 and 2000 c 91 s 1 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.
     (4)(a) When performing its duties under this section, a law enforcement agency may request address verification assistance by sending an offender's name, address, social security number, photograph, and fingerprints to the department of social and health services.
     (b) Upon receiving information under (a) of this subsection, the department shall:
     (i) Check the information against any database containing residential address information that is maintained by a state agency to which the department has access for purposes of child support enforcement; and
     (ii) Within fourteen days, disclose any residential addresses it has for the offender to the requesting law enforcement agency.
     (c) The department of social and health services may not deny a request made under this subsection because the law enforcement agency did not submit all of the offender's information required under (a) of this subsection, but may deny the request if the information submitted by the law enforcement agency is so incomplete as to make a database search impracticable.
     (d) Requests from law enforcement agencies and responses from the department of social and health services made under this subsection are exempt from public inspection and copying under chapter 42.56 RCW.

NEW SECTION.  Sec. 2   A new section is added to chapter 4.24 RCW to read as follows:
     The department of social and health services and its employees are immune from civil liability for damages arising from sex and kidnapping offender address verification assistance provided under RCW 9A.44.135 unless the department or employee has acted with gross negligence or in bad faith.