BILL REQ. #: S-4222.1
| State of Washington | 60th Legislature | 2008 Regular Session |
Read first time 01/18/08. Referred to Committee on Judiciary.
AN ACT Relating to registration of drug offenders; amending RCW 69.50.101, 10.01.200, 70.48.470, and 72.09.330; reenacting and amending RCW 9.94A.515; adding new sections to chapter 69.50 RCW; adding a new section to chapter 43.43 RCW; adding a new section to chapter 4.24 RCW; prescribing penalties; and making appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 69.50.101 and 2003 c 142 s 4 are each amended to read
as follows:
Unless the context clearly requires otherwise, definitions of terms
shall be as indicated where used in this chapter:
(a) "Administer" means to apply a controlled substance, whether by
injection, inhalation, ingestion, or any other means, directly to the
body of a patient or research subject by:
(1) a practitioner authorized to prescribe (or, by the
practitioner's authorized agent); or
(2) the patient or research subject at the direction and in the
presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor, or dispenser. It does
not include a common or contract carrier, public warehouseperson, or
employee of the carrier or warehouseperson.
(c) "Board" means the state board of pharmacy.
(d) "Controlled substance" means a drug, substance, or immediate
precursor included in Schedules I through V as set forth in federal or
state laws, or federal or board rules.
(e)(1) "Controlled substance analog" means a substance the chemical
structure of which is substantially similar to the chemical structure
of a controlled substance in Schedule I or II and:
(i) that has a stimulant, depressant, or hallucinogenic effect on
the central nervous system substantially similar to the stimulant,
depressant, or hallucinogenic effect on the central nervous system of
a controlled substance included in Schedule I or II; or
(ii) with respect to a particular individual, that the individual
represents or intends to have a stimulant, depressant, or
hallucinogenic effect on the central nervous system substantially
similar to the stimulant, depressant, or hallucinogenic effect on the
central nervous system of a controlled substance included in Schedule
I or II.
(2) The term does not include:
(i) a controlled substance;
(ii) a substance for which there is an approved new drug
application;
(iii) a substance with respect to which an exemption is in effect
for investigational use by a particular person under Section 505 of the
federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the extent
conduct with respect to the substance is pursuant to the exemption; or
(iv) any substance to the extent not intended for human consumption
before an exemption takes effect with respect to the substance.
(f) "Deliver" or "delivery," means the actual or constructive
transfer from one person to another of a substance, whether or not
there is an agency relationship.
(g) "Department" means the department of health.
(h) "Dispense" means the interpretation of a prescription or order
for a controlled substance and, pursuant to that prescription or order,
the proper selection, measuring, compounding, labeling, or packaging
necessary to prepare that prescription or order for delivery.
(i) "Dispenser" means a practitioner who dispenses.
(j) "Distribute" means to deliver other than by administering or
dispensing a controlled substance.
(k) "Distributor" means a person who distributes.
(l) "Drug" means (1) a controlled substance recognized as a drug in
the official United States pharmacopoeia/national formulary or the
official homeopathic pharmacopoeia of the United States, or any
supplement to them; (2) controlled substances intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in
individuals or animals; (3) controlled substances (other than food)
intended to affect the structure or any function of the body of
individuals or animals; and (4) controlled substances intended for use
as a component of any article specified in (1), (2), or (3) of this
subsection. The term does not include devices or their components,
parts, or accessories.
(m) "Drug enforcement administration" means the drug enforcement
administration in the United States Department of Justice, or its
successor agency.
(n) "Drug offender" means a person convicted, or found not guilty
by reason of insanity, of: (1) A felony violation of this chapter; (2)
any offense defined as a felony under federal law that relates to the
possession, manufacture, distribution, or transportation of a
controlled substance; or (3) any out-of-state conviction for an offense
that under the laws of this state would be a felony violation of this
chapter.
(o) "Drug offense" means:
(1) Any felony violation of this chapter;
(2) Any offense defined as a felony under federal law that relates
to the possession, manufacture, distribution, or transportation of a
controlled substance; or
(3) Any out-of-state conviction for an offense that under the laws
of this state would be a felony violation of this chapter.
(p) "Immediate precursor" means a substance:
(1) that the state board of pharmacy has found to be and by rule
designates as being the principal compound commonly used, or produced
primarily for use, in the manufacture of a controlled substance;
(2) that is an immediate chemical intermediary used or likely to be
used in the manufacture of a controlled substance; and
(3) the control of which is necessary to prevent, curtail, or limit
the manufacture of the controlled substance.
(((o))) (q) "Isomer" means an optical isomer, but in RCW
69.50.101(r)(5), 69.50.204(a) (12) and (34), and 69.50.206(a)(4), the
term includes any geometrical isomer; in RCW 69.50.204(a) (8) and (42),
and 69.50.210(c) the term includes any positional isomer; and in RCW
69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term includes any
positional or geometric isomer.
(((p))) (r) "Manufacture" means the production, preparation,
propagation, compounding, conversion, or processing of a controlled
substance, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis,
and includes any packaging or repackaging of the substance or labeling
or relabeling of its container. The term does not include the
preparation, compounding, packaging, repackaging, labeling, or
relabeling of a controlled substance:
(1) by a practitioner as an incident to the practitioner's
administering or dispensing of a controlled substance in the course of
the practitioner's professional practice; or
(2) by a practitioner, or by the practitioner's authorized agent
under the practitioner's supervision, for the purpose of, or as an
incident to, research, teaching, or chemical analysis and not for sale.
(((q))) (s) "Marijuana" or "marihuana" means all parts of the plant
Cannabis, whether growing or not; the seeds thereof; the resin
extracted from any part of the plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds or
resin. The term does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination.
(((r))) (t) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical synthesis, or
by a combination of extraction and chemical synthesis:
(1) Opium, opium derivative, and any derivative of opium or opium
derivative, including their salts, isomers, and salts of isomers,
whenever the existence of the salts, isomers, and salts of isomers is
possible within the specific chemical designation. The term does not
include the isoquinoline alkaloids of opium.
(2) Synthetic opiate and any derivative of synthetic opiate,
including their isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, whenever the existence of the isomers, esters,
ethers, and salts is possible within the specific chemical designation.
(3) Poppy straw and concentrate of poppy straw.
(4) Coca leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives or ecgonine or their
salts have been removed.
(5) Cocaine, or any salt, isomer, or salt of isomer thereof.
(6) Cocaine base.
(7) Ecgonine, or any derivative, salt, isomer, or salt of isomer
thereof.
(8) Any compound, mixture, or preparation containing any quantity
of any substance referred to in subparagraphs (1) through (7).
(((s))) (u) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being
capable of conversion into a drug having addiction-forming or
addiction-sustaining liability. The term includes opium, substances
derived from opium (opium derivatives), and synthetic opiates. The
term does not include, unless specifically designated as controlled
under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes
the racemic and levorotatory forms of dextromethorphan.
(((t))) (v) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(((u))) (w) "Person" means individual, corporation, business trust,
estate, trust, partnership, association, joint venture, government,
governmental subdivision or agency, or any other legal or commercial
entity.
(((v))) (x) "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing.
(((w))) (y) "Practitioner" means:
(1) A physician under chapter 18.71 RCW, a physician assistant
under chapter 18.71A RCW, an osteopathic physician and surgeon under
chapter 18.57 RCW, an optometrist licensed under chapter 18.53 RCW who
is certified by the optometry board under RCW 18.53.010 subject to any
limitations in RCW 18.53.010, a dentist under chapter 18.32 RCW, a
podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian
under chapter 18.92 RCW, a registered nurse, advanced registered nurse
practitioner, or licensed practical nurse under chapter 18.79 RCW, a
pharmacist under chapter 18.64 RCW or a scientific investigator under
this chapter, licensed, registered or otherwise permitted insofar as is
consistent with those licensing laws to distribute, dispense, conduct
research with respect to or administer a controlled substance in the
course of their professional practice or research in this state.
(2) A pharmacy, hospital or other institution licensed, registered,
or otherwise permitted to distribute, dispense, conduct research with
respect to or to administer a controlled substance in the course of
professional practice or research in this state.
(3) A physician licensed to practice medicine and surgery, a
physician licensed to practice osteopathic medicine and surgery, a
dentist licensed to practice dentistry, a podiatric physician and
surgeon licensed to practice podiatric medicine and surgery, or a
veterinarian licensed to practice veterinary medicine in any state of
the United States.
(((x))) (z) "Prescription" means an order for controlled substances
issued by a practitioner duly authorized by law or rule in the state of
Washington to prescribe controlled substances within the scope of his
or her professional practice for a legitimate medical purpose.
(((y))) (aa) "Production" includes the manufacturing, planting,
cultivating, growing, or harvesting of a controlled substance.
(((z))) (bb) "Secretary" means the secretary of health or the
secretary's designee.
(((aa))) (cc) "State," unless the context otherwise requires, means
a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or a territory or insular possession
subject to the jurisdiction of the United States.
(((bb))) (dd) "Ultimate user" means an individual who lawfully
possesses a controlled substance for the individual's own use or for
the use of a member of the individual's household or for administering
to an animal owned by the individual or by a member of the individual's
household.
(((cc))) (ee) "Electronic communication of prescription
information" means the communication of prescription information by
computer, or the transmission of an exact visual image of a
prescription by facsimile, or other electronic means for original
prescription information or prescription refill information for a
Schedule III-V controlled substance between an authorized practitioner
and a pharmacy or the transfer of prescription information for a
controlled substance from one pharmacy to another pharmacy.
NEW SECTION. Sec. 2 A new section is added to chapter 69.50 RCW
to read as follows:
(1)(a) A drug offender who resides, whether or not the offender has
a fixed residence, in this state, or who is a student, is employed, or
carries on a vocation in this state, shall register with the county
sheriff for the county of the person's residence, or if the person is
not a resident of this state, the county of the person's school, place
of employment or vocation, or as otherwise specified in this section.
(b) A drug offender who lacks a fixed residence and is under the
supervision of the state department of corrections shall also register
in the county of his or her supervision if he or she is not already
required to do so under (a) of this subsection.
(c) A drug offender required to register under this section shall
do so in person.
(2)(a) A drug offender who has a fixed residence shall provide the
following information when registering:
(i) Name;
(ii) Complete residential address;
(iii) Date and place of birth;
(iv) Place of employment;
(v) Drug offense for which convicted;
(vi) Date and location of conviction;
(vii) Aliases used;
(viii) Social security number;
(ix) Photograph; and
(x) Fingerprints.
(b) A drug offender who lacks a fixed residence shall provide the
following information when registering:
(i) Name;
(ii) Where he or she plans to stay;
(iii) Date and place of birth;
(iv) Place of employment;
(v) Drug offense for which convicted;
(vi) Date and location of conviction;
(vii) Aliases used;
(viii) Social security number;
(ix) Photograph; and
(x) Fingerprints.
(3)(a) A drug offender shall register with the county sheriff
subject to the following deadlines and restrictions:
(i) OFFENDERS IN CUSTODY. A drug offender who is in the custody of
the United States bureau of prisons or other federal or military
correctional agency, 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, for a drug
offense, shall register within twenty-four hours of the time of release
with the county sheriff for the county of the offender's residence, or
if the person is not a resident of this state, the county of the
offender's school or place of employment or vocation. A state or local
agency that has jurisdiction over the offender shall provide notice to
the offender of the duty to register.
(ii) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. A drug offender
who is convicted of a drug offense, but who is 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.
(iii) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON
RESIDENTS. A drug offender who moves to Washington state from another
state or a foreign country who is not under the jurisdiction of the
state department of corrections at the time of moving to Washington
must register within ten days of establishing residence or
reestablishing residence if the offender is a former Washington
resident. A drug offender from another state or a foreign country who,
when the offender moves to Washington, is under the jurisdiction of the
state department of corrections 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. It is an affirmative defense
to a charge that a person failed to register within the deadlines in
this subsection (3)(a)(iii) that: (A) The person was not under the
jurisdiction of the state department of corrections at the time of
moving to Washington; (B) the person was unaware of his or her duty to
register; (C) it was reasonable for the person to be unaware of his or
her duty to register; and (D) the person registered within twenty-four
hours of receiving notice of his or her duty to register from a law
enforcement official. The defendant must establish the defense by a
preponderance of the evidence.
(iv) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. A drug
offender who has been found not guilty by reason of insanity under
chapter 10.77 RCW of committing a drug offense and who, on or after the
effective date of this act, 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 drug offender
in its custody of the duty to register.
(v) OFFENDERS WHO LACK A FIXED RESIDENCE. Any drug offender 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 (2)(b) of this section.
(vi) OFFENDERS WHO MOVE TO, OR WORK, CARRY ON A VOCATION, OR ATTEND
SCHOOL IN, ANOTHER STATE. A drug offender required to register in
Washington, who moves to another state, must 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.
(vii) ALL OTHER OFFENDERS. A drug offender who is not subject to
one of the deadlines in (a)(i) through (vi) of this subsection shall
register no later than thirty days after the effective date of this
act. It is an affirmative defense to a charge of failure to register
under this section that (A) the charge of failure to register is based
solely on an out-of-state conviction that would require a person to
register in Washington if he or she had been convicted in Washington;
(B) the person who is charged works, carries on a vocation, or attends
school in Washington but resides in another state; (C) the person was
unaware of his or her duty to register in Washington; (D) it was
reasonable for the person to be unaware of his or her duty to register
in Washington; and (E) the person registered in Washington within
twenty-four hours of receiving notice of his or her duty to register
from a law enforcement official. The defendant must establish the
defense by a preponderance of the evidence.
(b) Failure to register within the deadlines required under this
section constitutes a per se violation of this section and is
punishable under subsection (8) of this section. The county sheriff is
not 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.
(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
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. 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) 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 forty-eight hours
excluding weekends and holidays after ceasing to have a fixed
residence. The notice shall include the information required by
subsection (2)(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 weekly, in
person, to the sheriff of the county where he or she is registered.
The weekly report shall be on a day specified by the county sheriff's
office and shall occur during normal business hours. The county
sheriff's office may require the person to list the locations where the
person has stayed during the last seven days.
(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 forty-eight hours excluding weekends and holidays after ceasing to have a
fixed residence and has subsequently complied with the requirements of
this subsection and subsection (3)(a)(vi) or (vii) of this section. To
prevail, the person must prove the defense by a preponderance of the
evidence.
(6) A drug 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 drug offender subject to 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 drug 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.
(7) For the purposes of this section:
(a) "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.
(b) "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) 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.
(b) Unless the person is relieved of the duty to register under
section 4 of this act, a violation of this section is an ongoing
offense for purposes of the statute of limitations under RCW 9A.04.080.
(9) The requirements of this section apply to a drug offender who
commits a drug offense on or after the effective date of this act.
NEW SECTION. Sec. 3 A new section is added to chapter 69.50 RCW
to read as follows:
(1) A drug offender may only be relieved of the duty to register
imposed under section 2 of this act by petitioning the superior court
under subsection (2) or (3) of this section.
(2) A drug offender having a duty to register under section 2 of
this act for an offense committed when the offender was an adult 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 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.
(a) The petition shall be made to the court in which the petitioner
was convicted, or found not guilty by reason of insanity, 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.
(b) 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
this act.
(3) A drug offender having a duty to register under section 2 of
this act for an offense committed when the offender was a juvenile may
petition the superior court, at any time after adjudication, 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 petition must be made in the manner required by subsection
(2)(a) of this section.
(b) The court may relieve the petitioner of the duty to register if
the petitioner shows, with clear and convincing evidence, that future
registration of the petitioner will not serve the purposes of this act.
(c) This subsection shall not apply to juveniles prosecuted as
adults.
NEW SECTION. Sec. 4 A new section is added to chapter 43.43 RCW
to read as follows:
The county sheriff shall forward the information, photographs, and
fingerprints obtained pursuant to section 2 of this act, including any
notice of change of address, to the Washington state patrol within five
working days; and the Washington state patrol shall forward the
information necessary to operate the registered drug offender web site
described in section 9 of this act to the Washington association of
sheriffs and police chiefs within five working days of receiving the
information, including any notice of change of address. The state
patrol shall maintain a central registry of drug offenders required to
register under section 2 of this act and shall adopt rules consistent
with this chapter and chapters 10.97 and 10.98 RCW as are necessary to
carry out the purposes of this act. The Washington state patrol shall
reimburse the counties for the costs of processing the offender
registration, including taking the fingerprints and the photographs.
NEW SECTION. Sec. 5 A new section is added to chapter 69.50 RCW
to read as follows:
(1) When an offender registers with the county sheriff pursuant to
section 2 of this act, the county sheriff shall notify the chief law
enforcement officer, if any, 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 chief law enforcement officer of the city or town shall make
reasonable attempts to verify that the offender is residing at the
registered address.
(2)(a) For purposes of this section, "reasonable attempts" shall
include at a minimum sending by certified mail, with return receipt
requested, a nonforwardable annual 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 chief law enforcement officer of the
jurisdiction where the offender is registered to live within ten days
after receipt of the form.
(3) The chief law enforcement officer of the jurisdiction where the
offender has registered to live, or the county sheriff if the offender
has registered in an unincorporated area, shall make reasonable
attempts to locate any drug offender who fails to return the
verification form or who cannot be located at the registered address.
(4) When an offender notifies the county sheriff of a change to his
or her residence address pursuant to section 3 of this act, and the new
address is in a different law enforcement jurisdiction, the county
sheriff shall notify the chief law enforcement officer of the
jurisdiction from which the offender has moved.
Sec. 6 RCW 10.01.200 and 1997 c 113 s 5 are each amended to read
as follows:
The court shall provide written notification to any defendant
charged with a sex offense or kidnapping offense of the registration
requirements of RCW 9A.44.130. The court shall provide written notice
to any defendant charged with a drug offense as defined in RCW
69.50.101 of the registration requirements of section 2 of this act.
Such notice shall be included on any guilty plea forms and judgment and
sentence forms provided to the defendant.
Sec. 7 RCW 70.48.470 and 2000 c 91 s 4 are each amended to read
as follows:
(1)(a) A person having charge of a jail shall:
(i) 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; and
(ii) Notify in writing any confined person who is in the custody of
the jail for a conviction of a drug offense as defined in RCW 69.50.101
of the registration requirements of section 2 of this act at the time
of the inmate's release from confinement, and shall obtain written
acknowledgment of such notification.
(b) The person having charge of the jail shall also obtain from the
inmate the county of the inmate's residence upon release from jail and,
where applicable, the city.
(2)(a) 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.
(b) When an offender convicted of a drug offense as defined in RCW
69.50.101 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 where the offender will reside.
Sec. 8 RCW 72.09.330 and 1997 c 113 s 8 are each amended to read
as follows:
(1) The department shall:
(a) Provide written notification to an inmate convicted of a sex
offense or kidnapping offense of the registration requirements of RCW
9A.44.130 at the time of the inmate's release from confinement and
shall receive and retain a signed acknowledgement of receipt; and
(b) Provide written notification to an inmate convicted of a drug
offense as defined in RCW 69.50.101 of the registration requirements of
section 2 of this act at the time of the inmate's release from
confinement and shall receive and retain a signed acknowledgement of
receipt.
(2) The department shall:
(a) Provide written notification to an individual convicted of a
sex offense or kidnapping offense from another state of the
registration requirements of RCW 9A.44.130 at the time the department
accepts supervision and has legal authority of the individual under the
terms and conditions of the interstate compact agreement under RCW
9.95.270; and
(b) Provide written notification to an individual convicted of a
drug offense as defined in RCW 69.50.101 from another state of the
registration requirements of section 2 of this act at the time the
department accepts supervision and has legal authority of the
individual under the terms and conditions of the interstate compact
agreement under RCW 9.95.270.
NEW SECTION. Sec. 9 A new section is added to chapter 4.24 RCW
to read as follows:
(1) The Washington association of sheriffs and police chiefs shall
create and maintain a statewide registered drug offender web site,
which shall be available to the public. The web site shall post all
registered drug offenders in the state of Washington and shall contain
the registered drug offender's name, relevant criminal convictions, and
address by hundred block, provided that posting a drug offender's name,
relevant criminal convictions, and address is permissible under state
and federal law. If it is not permissible, the web site shall be
limited to the information and functionality that is permissible under
state and federal law.
(2) The Washington association of sheriffs and police chiefs and
its employees are immune from civil liability for damages arising from
any release of relevant and necessary information, unless it is shown
that an employee acted with gross negligence or bad faith. The
immunity in this section applies to the release of relevant and
necessary information regarding any individual for whom disclosure is
authorized to the general public.
Sec. 10 RCW 9.94A.515 and 2007 c 368 s 14 and 2007 c 199 s 10 are
each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| Failure to Register as a Drug Offender (section 2 of this act) | ||
| V | ||
| IV | ||
| III | ||
| Escape 2 (RCW 9A.76.120) | ||
| II | ||
| I | ||
NEW SECTION. Sec. 11 The sum of two hundred fifty thousand
dollars, or as much thereof as may be necessary, is appropriated for
the fiscal year ending June 30, 2009, from the general fund to the
Washington association of sheriffs and police chiefs for the purposes
of this act.
NEW SECTION. Sec. 12 The sum of . . . . dollars, or as much
thereof as may be necessary, is appropriated for the fiscal year ending
June 30, 2009, from the general fund to the Washington state patrol for
the purposes of this act.
NEW SECTION. Sec. 13 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.