Sex Offense Registration.

An adult residing in Washington who has been convicted of any sex offense or kidnapping offense must register with the county sheriff for the county of the person's residence or the person's school or place of work.  Sex offenses requiring registration include, for example, rape, child molestation, sexual misconduct with a minor, incest, any felony with a finding of sexual motivation, and a second or subsequent felony violation of sex offender registration laws.

Failure to Register.

An adult commits the felony offense of Failure to Register if the person has a duty to register for a felony sex offense, and knowingly fails to comply with any registration requirements.  Felony Failure to Register is an unranked class C felony where there is a duty to register and the person has no or one prior felony Failure to Register conviction.  If an adult has a duty to register and has been convicted of felony Failure to Register on two or more prior occasions, the offense is a class B felony and seriousness level II offense.

A person is guilty of a gross misdemeanor Failure to Register offense if the person has a duty to register for a sex offense other than a felony and knowingly fails to comply with registration requirements.

Under the Sentencing Reform Act (SRA), a second or subsequent felony Failure to Register offense is a sex offense.

Required Length of Registration.

The duration of a person's duty to register varies:

• The duty to register must continue indefinitely for an adult convicted of a class A felony requiring registration for one or more prior convictions for a sex offense or kidnapping offense.
• Adults convicted of a class B felony requiring registration who do not have a previous conviction requiring registration must register for 15 years.
• Adults convicted of a class C felony requiring registration or attempt, solicitation, or conspiracy to commit a class C felony, and who do not have a previous conviction requiring registration, must register for 10 years.

For purposes of determining if someone has been convicted of one or more sex offenses, Failure to Register as a Sex Offender is not a sex offense.

Community Custody.

Community custody is a portion of a sentence served in the community, subject to conditions imposed by the court and the Department of Corrections (DOC).  The DOC supervises certain categories of persons sentenced to community custody, including individuals convicted of different types of sex offenses.  Courts impose one year of community custody when a person's felony Failure to Register violation is their first violation, and 18 months to three years for other sex offenses.

Model Policy.

In 1997 the Washington Association of Sheriffs and Police Chiefs was directed to convene a sex offender policy work group to develop a model policy for law enforcement agencies and other criminal justice personnel.  The model policy provides guidelines for sex offender registration, community notification, and strategies for sex offender management.

Individual Reentry Plans.

The DOC is required to develop individual reentry plans for each incarcerated person under its jurisdiction, subject to a few exceptions.  As part of developing a reentry plan, the DOC must identify an incarcerated person's criminogenic risks, programmatic needs, and educational and vocational skills.  Before a person is discharged, the DOC must evaluate the person's individual needs and connect the person with existing services and resources.

Changes to Failure to Register Offenses.

Felony Failure to Register as a Sex Offender is a seriousness level I offense and an unranked class C felony, and the elevation to a class B felony for a third or subsequent felony Failure to Register offense is removed.  The definition of "sex offense" in the SRA is also modified to not include a second or subsequent felony Failure to Register offense.

Reentry Plans and Community Custody.

For anyone under the DOC's jurisdiction for a sex offense or Failure to Register offense, the DOC must utilize existing resources and methods to support compliance and improve functioning in the community as part of developing a person's individualized reentry plan.

Modifications are also made to community custody requirements for Failure to Register violations.  Regardless of a person's risk classification and whether the person has been sentenced to more or less than one year of confinement, courts must impose varying lengths of community custody for felony and misdemeanor Failure to Register violations for both sex offenses and kidnapping offenses.  Specifically, courts may impose up to one year of community custody for a first misdemeanor or felony Failure to Register as a Sex Offender violation or Failure to Register as a Kidnapping Offender violation.  Courts must impose two years of community custody for a second or subsequent violation of a Failure to Register.

Model Policy.

The Washington Association of Sheriffs and Police Chiefs is required to review its model policy regarding Adult and Juvenile Sex Offender Registration to identify opportunities to utilize technology, report its findings to the Legislature by December 1, 2026, and update the model policy by June 1, 2027.