WSR 97-21-020

PROPOSED RULES

WASHINGTON STATE PATROL

[Filed October 7, 1997, 9:14 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-17-058.

Title of Rule: Employment--Conviction records.

Purpose: Amend sections to comply with SSB 5621, chapter 113, Laws of 1997.

Statutory Authority for Adoption: RCW 4.24.550, 9A.44.130, [9A.44.]140, 10.02.200, 43.43.540, 70.48.470.

Summary: Amend chapter 446-20 WAC to include kidnapping to sex offender registration, history retention, and change of address form requirements.

Reasons Supporting Proposal: To ensure rule complies with state law.

Name of Agency Personnel Responsible for Drafting and Implementation: Ms. Toni Korneder, P.O. Box 42633, (360) 705-5101; and Enforcement: Captain John Broome, P.O. Box 42633, (360) 705-5350.

Name of Proponent: Washington State Patrol, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The amendments to chapter 446-20 WAC, Employment--Conviction records, will bring the WAC into compliance with SSB 5621, chapter 113, Laws of 1997, Registration of criminals who have victimized children.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no impact to small businesses.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Commercial Vehicle Division Conference Room, Ground Floor, General Administration Building, Olympia, Washington 98504, by November 25, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Ms. Kendra Hensley, by November 18, 1997, (360) 753-0678.

Submit Written Comments to: Ms. Toni Korneder, Washington State Patrol, Identification Section, P.O. Box 42633, Olympia, WA 98504-2633, FAX (360) 664-9461, by November 18, 1997.

Date of Intended Adoption: December 1, 1997.

October 3, 1997

Annette M. Sandberg

Chief

AMENDATORY SECTION (Amending WSR 97-05-048, filed 2/18/97, effective 3/21/97)

WAC 446-20-500 Sex offender and kidnapping offender registration. RCW 9A.44.130 requires any adult or juvenile residing in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense to register with the county sheriff for the county of that person's residence. The sheriff is required to forward the registration information to the Washington state patrol identification and criminal history section within five working days. The Washington state patrol is mandated to maintain a central registry of sex offenders and kidnapping offenders consistent with chapters 10.97, 10.98, and 43.43 RCW. ((The following regulations implement the provisions of this act.))

[Statutory Authority: Chapters 10.97 and 43.43 RCW. 97-05-048, 446-20-500, filed 2/18/97, effective 3/21/97. Statutory Authority: 1991 c 274. 91-20-045 (Order 91-005), 446-20-500, filed 9/24/91, effective 10/25/91. Statutory Authority: 1990 c 3. 90-20-003 (Order 90-003), 446-20-500, filed 9/20/90, effective 10/21/90.]

AMENDATORY SECTION (Amending WSR 97-05-048, filed 2/18/97, effective 3/21/97)

WAC 446-20-510 History retention. Sex and kidnapping offender registration information will be maintained in the offender's criminal history file according to retention periods outlined in RCW 9A.44.140. Once an offender is registered, a notation of "registered sex offender" or "registered kidnapping offender" shall be printed on the transcript of record for that individual.

[Statutory Authority: Chapters 10.97 and 43.43 RCW. 97-05-048, 446-20-510, filed 2/18/97, effective 3/21/97. Statutory Authority: 1991 c 274. 91-20-045 (Order 91-005), 446-20-510, filed 9/24/91, effective 10/25/91. Statutory Authority: 1990 c 3. 90-20-003 (Order 90-003), 446-20-510, filed 9/20/90, effective 10/21/90.]

AMENDATORY SECTION (Amending Order 90-003, filed 9/20/90, effective 10/21/90)

WAC 446-20-525 Change of address form. Registered sex and kidnapping offenders who change residence ((from one county to another are required to register with the sheriff in the county of their new residence and also notify the county sheriff where they were previously registered. A "change of address" form WSP-CRD-502 must be sent to the county sheriff of the former residence and the offender must then register with the county sheriff of the new residence.

Registered sex offenders are required to send written notice of a change of address to the sheriff within ten days of establishing a new residence within the same county.)) within the same county are required to send a "change of address" form WSP-CRD-502 to the county sheriff at least fourteen days before moving.

Registered sex and kidnapping offenders who change residence from one county to another are required to send written notice fourteen days before moving to the county sheriff in the new county residence and must register with that county sheriff within twenty-four hours of moving. The offender must send a "change of address" form within ten days of moving in the new county to the county sheriff with whom the offender last registered.

Registered sex and kidnapping offenders who move to another state or county must send a "change of address" form ten days before moving to the new state or county to the county sheriff with whom the offender last registered in Washington state.

County sheriffs must forward "change of address" forms ((must be forwarded)) to the Washington state patrol identification and criminal history section within five working days upon receipt.