| (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 before 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. 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
forty-eight hours excluding weekends and holidays 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 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. The lack of a fixed residence is
a factor that may be considered in determining an offender's risk level and
shall make the offender subject to disclosure of information to the public at
large pursuant to RCW 4.24.550.
(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 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:
(i) Any offense defined as a
sex offense by RCW
9.94A.030;
(ii) Any violation under RCW
9A.44.096 (sexual misconduct with
a minor in the second degree);
(iii) Any violation under RCW
9.68A.090 (communication with a
minor for immoral purposes);
(iv) Any federal or
out-of-state conviction for an offense that under the laws of this state would
be classified as a sex offense under this subsection; and
(v) 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
or this subsection.
(b) "Kidnapping offense"
means: (i) 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; (ii)
any offense that is, under chapter
9A.28 RCW,a criminal attempt,
criminal solicitation, or criminal conspiracy to commit an offense
that is classified as a kidnapping offense under this subsection
(9)(b); and (iii) any federal or out-of-state conviction for an
offense that under the laws of this state would be classified as a
kidnapping offense under this subsection (9)(b).
(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. (1)(a) 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.
(b) Any adult or juvenile who is required to register
under (a) of this subsection:
(i) Who is attending, or planning to attend, a public
or private school regulated under Title
28A RCW or chapter
72.40 RCW shall, within ten days of enrolling or prior to arriving at
the school to attend classes, whichever is earlier, notify the sheriff for the
county of the person's residence of the person's intent to attend the school,
and the sheriff shall promptly notify the principal of the school;
(ii) 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;
(iii) Who gains employment at a public or private
institution of higher education shall, within ten days of accepting employment
or by the first business day after commencing work at the institution,
whichever is earlier, notify the sheriff for the county of the person's
residence of the person's employment by the institution; or
(iv) Whose enrollment or employment at a public or
private institution of higher education is terminated shall, within ten days of
such termination, notify the sheriff for the county of the person's residence
of the person's termination of enrollment or employment at the institution.
(c) Persons required to register under this section
who are enrolled in a public or private institution of higher education on June
11, 1998, or a public or private school regulated under Title
28A RCW or chapter
72.40 RCW on September 1, 2006, must notify the county sheriff
immediately.
(d) The sheriff shall notify the school's principal or
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.
(e)(i) A principal receiving notice under this
subsection must disclose the information received from the sheriff under (b) of
this subsection as follows:
(A) If the student who is required to register as a
sex offender is classified as a risk level II or III, the principal shall
provide the information received to every teacher of any student required to
register under (a) of this subsection and to any other personnel who, in the
judgment of the principal, supervises the student or for security purposes
should be aware of the student's record;
(B) If the student who is required to register as a
sex offender is classified as a risk level I, the principal shall provide the
information received only to personnel who, in the judgment of the principal,
for security purposes should be aware of the student's record.
(ii) Any information received by a principal or school
personnel under this subsection is confidential and may not be further
disseminated except as provided in RCW
28A.225.330, other statutes or case law, and the family and educational
and privacy rights act of 1994, 20 U.S.C. Sec. 1232g et seq.
(2) This section may not be construed to confer any
powers pursuant to RCW
4.24.550 upon the public safety department of any public or private
school or institution of higher education.
(3)(a) The person shall provide the following
information when registering: (i) Name; (ii) complete residential 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 (11) 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 corrections' 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 corrections' 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 three business 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 for offenses committed before, on, or after
February 28, 1990, or Washington state for offenses committed before, 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 before, 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 (11) 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 (11) 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 signed 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 signed
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
signed 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.
(6)(a) Any person required to register under this
section who lacks a fixed residence shall provide signed 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 (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
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. The lack of a fixed residence is a factor that may be
considered in determining an offender's risk level and shall make the offender
subject to disclosure of information to the public at large pursuant to RCW
4.24.550.
(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 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) All offenders who are required to register
pursuant to this section who have a fixed residence and who are designated as a
risk level II or III must report, in person, every ninety days to the sheriff
of the county where he or she is registered. Reporting shall be on a day
specified by the county sheriff's office, and shall occur during normal
business hours. An offender who complies with the ninety-day reporting
requirement with no violations for a period of at least five years in the
community may petition the superior court to be relieved of the duty to report
every ninety days. The petition shall be made to the superior court in the
county where the offender resides or reports under this section. The
prosecuting attorney of the county shall be named and served as respondent in
any such petition. The court shall relieve the petitioner of the duty to report
if the petitioner shows, by a preponderance of the evidence, that the
petitioner has complied with the reporting requirement for a period of at least
five years and that the offender has not been convicted of a criminal violation
of this section for a period of at least five years, and the court determines
that the reporting no longer serves a public safety purpose. Failure to report,
as specified, constitutes a violation of this section and is punishable as
provided in subsection (11) of this section.
(8) 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.
(9) The county sheriff shall obtain a photograph of
the individual and shall obtain a copy of the individual's fingerprints. A
photograph may be taken at any time to update an individual's file.
(10) 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:
(i) Any offense defined as a sex offense by RCW
9.94A.030;
(ii) Any violation under RCW
9A.44.096 (sexual misconduct with a minor in the second degree);
(iii) Any violation under RCW
9.68A.090 (communication with a minor for immoral purposes);
(iv) Any federal or out-of-state conviction for an
offense that under the laws of this state would be classified as a sex offense
under this subsection; and
(v) 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 or this subsection.
(b) "Kidnapping offense" means: (i) 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; (ii) any offense that is, under chapter
9A.28 RCW, a criminal attempt, criminal solicitation, or criminal
conspiracy to commit an offense that is classified as a kidnapping offense
under this subsection (10)(b); and (iii) any federal or out-of-state conviction
for an offense that under the laws of this state would be classified as a
kidnapping offense under this subsection (10)(b).
(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.
(11)(a) A person who knowingly fails to comply with
any of the requirements of 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 (10)(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 (10)(a) of this section.
(b) If the crime for which the individual was
convicted 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.
(12)(a) A person who knowingly fails to comply with
any of the requirements of 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 (10)(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 (10)(b) of this section.
(b) If the crime for which the individual was
convicted 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.
(13) Except as may otherwise be provided by law,
nothing in this section shall impose any liability upon a peace officer,
including a county sheriff, or law enforcement agency, for failing to release
information authorized under this section.
[2002 c 31 § 1. Prior: 2001 c 169 § 1; 2001 c 95 § 2; 2000 c 91
§ 2; prior: 1999 sp.s. c 6 § 2; 1999 c 352 § 9; prior: 1998 c 220 § 1; 1998 c
139 § 1; prior: 1997 c 340 § 3; 1997 c 113 § 3; 1996 c 275 § 11; prior: 1995 c
268 § 3; 1995 c 248 § 1; 1995 c 195 § 1; 1994 c 84 § 2; 1991 c 274 § 2; 1990 c
3 § 402.]
NOTES:
Application -- 2002 c 31:
"This act applies to all persons convicted of communication with a minor either
on, before, or after July 1, 2001, unless otherwise relieved of the duty to
register under RCW
9A.44.140."
[2002 c 31 § 2.]
Severability -- 2002 c
31: "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." [2002 c 31 §
3.]
Effective date -- 2002 c
31: "This act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and takes effect immediately [March 12, 2002]." [2002 c 31
§ 4.]
Effective date -- 2001 c
95: See note following RCW
9.94A.030.
Intent -- 1999 sp.s. c 6:
"It is the intent of this act to revise the law on registration of sex and
kidnapping offenders in response to the case of State v. Pickett, Docket
number 41562-0-I. The legislature intends that all sex and kidnapping offenders
whose history requires them to register shall do so regardless of whether the
person has a fixed residence. The lack of a residential address is not to be
construed to preclude registration as a sex or kidnapping offender. The
legislature intends that persons who lack a residential address shall have an
affirmative duty to report to the appropriate county sheriff, based on the
level of risk of offending." [1999 sp.s. c 6 § 1.]
Effective date -- 1999
sp.s. c 6: "This act is necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately [June 7, 1999]."
[1999 sp.s. c 6 § 3.]
Severability -- 1998 c
220: "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." [1998 c 220 §
7.]
Findings -- 1997 c 113:
See note following RCW 4.24.550.
Finding -- 1996 c 275:
See note following RCW
9.94A.505.
Purpose -- 1995 c 268:
See note following RCW
9.94A.030.
Intent -- 1994 c 84:
"This act is intended to clarify existing law and is not intended to reflect a
substantive change in the law." [1994 c 84 § 1.]
Finding and intent --
1991 c 274: The legislature finds
that sex offender registration has assisted law enforcement agencies in
protecting their communities. This act is intended to clarify and amend the
deadlines for sex offenders to register. This act's clarification or amendment
of RCW
9A.44.130 does not relieve the obligation of sex offenders to comply
with the registration requirements of RCW
9A.44.130 as that statute exists before July 28, 1991." [1991 c 274 §
1.]
Finding
-- Policy -- 1990 c 3 § 402: "The legislature finds that sex
offenders often pose a high risk of reoffense, and that law enforcement's
efforts to protect their communities, conduct investigations, and quickly
apprehend offenders who commit sex offenses, are impaired by the lack of
information available to law enforcement agencies about convicted sex offenders
who live within the law enforcement agency's jurisdiction. Therefore, this
state's policy is to assist local law enforcement agencies' efforts to protect
their communities by regulating sex offenders by requiring sex offenders to
register with local law enforcement agencies as provided in RCW
9A.44.130." [1990 c 3 § 401.]
9A.44.130."
[1990 c 3 § 401.]
Index,
part headings not law -- Severability -- Effective dates -- Application -- 1990
c 3: See RCW
18.155.900
through
18.155.902.
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