|
|
Sex Offender
Registration Information
|
2006
SUMMARY OF CHANGES TO
SEX/KIDNAPPING OFFENDER
REGISTRATION REQUIREMENTS
|
|
Pursuant
to Revised Code of Washington (RCW) 9A.44.145, the Washington State Patrol is
required to notify each registrant of any changes to the sex and kidnapping
offender registration requirements.
During
the 2006 Legislative Session Governor Christine Gregoire signed five bills that
changed the sex and kidnapping offender registration requirements.
Listed below is a summary of these changes, as well as a reminder
relating to a 2005 change.
1.
House Bill 2409 – Relating to regulating the conduct of registered sex
offenders and kidnapping offenders, effective March 20, 2006.
Amending RCW 9A.44.130.
Summary of Bill:
·
Requires sex and
kidnapping offenders to provide their “complete residential” addresses
when registering.
·
Decreases the time
within which sex and kidnapping offenders coming from another state or
returning
Washington
residents must register from 30 days to 3 business days.
·
Requires written
notices sent to the county sheriff(s) when a sex or kidnapping offender moves
or becomes homeless to be signed by the offender.
·
Clarifies that any
knowing non-compliance with the registration statute is a crime.
2.
Substitute Senate Bill 6144 – Relating to registration requirements on
sex offenders coming from outside the state who establish or reestablish
Washington residency, effective September 1, 2006.
Amending RCW 9A.44.130.
Summary of Bill:
·
Decreases the time
within which sex and kidnapping offenders coming from another state or
returning
Washington
residents must register from 30 days to 3 business days. (This change is
identical to that in HB 2409, above.)
·
Applies to sex
offenders whose offenses were committed before, on, or after February 28, 1990.
·
Applies to
kidnapping offenders whose offenses were committed before, on, or after July
27, 1997.
3.
Second Substitute Senate Bill 6172 – Relating to increasing penalties for the
crimes of possession of depictions of a minor engaged in sexually explicit
conduct, voyeurism, and communication with a minor for immoral purpose,
effective June 7, 2006. Amending
several sections including, RCW 9.68A.070 and RCW 9.94A.030(41)(a)(iii).
Summary
of Bill:
·
Changes possession
of depiction of a minor engaged in sexually explicit conduct from a class C
felony to a class B felony. Defines
the crime as a “sex offense,” thus, requiring offenders convicted of this
offense to register as sex offenders.
4.
Second Substitute Senate Bill 6319 – Relating to failure to register as a sex
offender, effective June 7, 2006. Amending
RCW 9A.44.130.
Summary
of Bill:
·
Makes it a crime to
knowingly fail to comply with any of the requirements of RCW 9A.44.130.
5.
Substitute Senate Bill 6519 – Relating to county sheriffs monitoring
registered sex offenders, effective June 7, 2006.
Amending RCW 9A.44.130.
Summary of Bill:
-
All offenders who have a fixed residence and who
are designated as a risk level II and risk level III must report, in person,
during normal business hours, every ninety days to the sheriff of the county
where registered. Reporting shall
be on a day specified by the county sheriff’s office.
-
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.
-
Failure to report as specified is a violation of
the statute.
-
Also allows a registered sex or kidnapping
offender’s photograph to be taken at anytime to update their file.
Summary
of RCWs Changed by 2006 Legislation
Reminder:
2005 Legislation - House
Bill 2101 (Laws of 2005, chapter
380) which amended RCW 9A.44.130 and changes the sex and kidnapping offender
registration requirements effective
September 1, 2006.
Summary of
Bill:
·
A
person who is required to register as a sex offender must provide the name and
address of the public or private school (elementary, middle or high school) he
or she is attending, or planning to attend, to the county sheriff when he or
she is registering. The sheriff is then required to promptly notify the school
of the person's intent to attend the school.
·
The
school principal who receives notice of a student who is registered as a level
II or III sex offender who is attending, or planning to attend, the school is
required to further disclose the information to all teachers of the student,
and those who the principal determines supervise the student or need to know
for security purposes. If the student is a level I sex offender the principal
may only disclose the information to personnel who need to know for security
purposes.
·
Any
information received by the principal or school personnel is confidential and
may not be further disseminated except as provided by law.
·
A
liability limitation is created for law enforcement which states that there is
no additional liability imposed upon a peace officer, including the county
sheriff, or law enforcement agency, for failing to release information required
under the sex offender registration statute.
Legislation
of Interest
The
following bills do not directly impact sex and kidnapping offender registration
requirements, but may be of interest.
Substitute
House Bill 2407 relating to electronic monitoring of sex offenders.
Substitute
House Bill 2576 relating to protection of sexual assault victims.
Substitute
House Bill 2654 relating to sex offender treatment providers.
House Bill
3252 relating to prohibiting offenders who enter Alford pleas from receiving a
special sex offender sentencing alternative (SSOSA).
House Bill
3277 relating to authorizing special verdicts that would result in more severe
punishment for certain sex offenses against children and vulnerable adults.
Second
Substitute Senate Bill 6320 relating to a model policy for disclosure of sex
offender information. The
Washington Association of Sheriff’s and Police Chiefs (WASPC) shall convene a
sex offender model policy work group to provide guidelines for sex offender
registration, community notification and strategies for sex offender
management.
Substitute
Senate Bill 6325 establishes residence restrictions for sex offenders.
Substitute
Senate Bill 6406 adds assault of a child in the 2nd degree to
2-strikes cases.
Second
Substitute Senate Bill 6460 increases penalties for crimes of sexual
motivation.
Senate
Bill 6576 requires Sheriff’s Offices to submit risk level classification
information to the Washington State Patrol (WSP).
Substitute
Senate Bill 6775 (as amended by House Bill 2409) creates new crime of “criminal
trespass against children” (by “covered offenders”), a class C felony.
Where
to find Statutes and Bills in their entirety
Public
libraries and law libraries have bound RCW volumes.
RCWs
are also available electronically at:
http://apps.leg.wa.gov/rcw/
or http://search.leg.wa.gov/
.
Additionally,
the full texts of the bills are available electronically at:
http://www1.leg.wa.gov/legislature/
.
If
you have any questions, please contact the sheriff’s office where you are
currently registered.
|
| LEGISLATIVE
INTENT: |
|
Registration of Sex Offenders:
The legislature finds that sex offenders often pose a
high risk of re-offense, 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 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.
-
The Department of Corrections notifies all adult
offenders of their obligation to register upon intake to supervision or prior
to their release from a Department of Corrections Institution.
-
Juvenile offenders are notified by the Department of
Social and Health Services, Juvenile Rehabilitation Administration.
-
The obligation to register is also noted on the
offender’s judgment and sentence for sex offenses occurring after February 27,
1997. Failure of the court to document this obligation does not relieve the
offender from the registration requirement.
-
Copies of the signed registration notification forms
are available from Washington State Patrol. Signed copies may be necessary for
those jurisdictions seeking to file charges for failure to register.
|
| REGISTRATION
NOTIFICATION |
|
Under
RCW 9A.44.130 offenders with the
following offenses must register with the county sheriff for the county of the
offender’s residence.
Rape 1, 2, or
3.....................................(
RCW 9A.44.040,
050,
060, respectively)
Rape of a Child 1, 2, or
3.........................(
RCW 9A.44.073,
076,
079, respectively)
Child Molestation 1, 2, or
3........................(RCW
9A.44.083,
086,
089, respectively)
Sexual Misconduct with a Minor 1 or
2...............(RCW
9A.44.093,
096, respectively)
Indecent
Liberties...................................................................(RCW
9A.44.100)
Incest 1 or
2.............................................................(RCW
9A.64.020 (1) & (2))
Kidnapping 1 or 2
if victim is a minor & offender isn't minor’s parent.(RCW
9A.40.020,
030, respectively)
Unlawful Imprisonment
if victim is a minor and offender is not the minor’s parent................(RCW
9A.40.040)
Sexual Exploitation of a
Minor....................................................(RCW
9.68A.040)
Dealing in Depictions of Minor
Engaged in Sexually Explicit Conduct..........................................(RCW
9.68A.050)
Sending,Bringing Into State
Depictions of Minor
Engaged in Sexually Explicit Conduct..........................................(RCW
9.68A.060)
Communication with a Minor for
Immoral Purposes.........................(RCW
9.68A.090)
Patronizing Juvenile
Prostitute...................................................(RCW
9.68A.100)
Any federal, military, foreign, or
out-of-state conviction for an offense that would have been one of the
foregoing offenses under the laws of the State of Washington.
Any gross misdemeanor that is, under
RCW 9A.28, a criminal attempt,
criminal solicitation, or criminal conspiracy to commit an offense that is
classified as a sex offense under
RCW 9.94A.030.
Any felony with a finding of sexual
motivation.............................(
RCW 9.94A.127)
For the purposes of Registration /
Notification, “sex offense” means any offense defined as a sex offense by
RCW 9.94.030 and any violation of
RCW 9.68A.040 (sexual exploitation
of a minor),
9.68A.050 (dealing in depictions
of minor engaged in sexually explicit conduct),
9.68A.060 (sending, bringing into
state depictions of minor engaged in sexually explicit conduct),
9.68A.090 (communication with
minor for immoral purposes),
9.68A.100 (patronizing juvenile
prostitute), or
9A.44.096 (sexual misconduct with
a minor in the second degree), as well as 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.
“Kidnapping offense” means that
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.
|
| REQUIREMENTS
OF THE LAW |
|
Offenders
required to register must appear in person at the Sheriff’s office in their
county of residence and provide the following:
a.
Name
b. Date and Place of Birth
c. Address
d. Place of Employment
e. Crime for which Convicted
f. Date and Place of Conviction
g. Alias(es)
h. Social Security Number
Note:
The county sheriff will photograph and fingerprint you and send this
information to the State Patrol.
|
| REGISTRATION
DEADLINES |
|
OFFENDERS
IN CUSTODY.
(A)
If you are a sex offender who committed a sex offense on, before, or after
February 28, 1990, and who, on or after July 28, 1991, is in custody as a
result of that offense; or
(B)
A kidnapping offender who on or after July 27, 1997 is on custody, you must
register within 24 hours from the time of release with the county sheriff for
the county of your residence. If you have been adjudicated for a sex offense,
provided you are under the custody or supervision of the Department as of
February 28, 1990, or a kidnapping offense as of July 27,197O, you must also
register.
OFFENDERS
NOT IN CUSTODY BUT UNDER THE JURISDICTION OF THE ISBR OR UNDER DOC OR OTHER
SUPERVISION.
If
you are a sex offender who, on July 28, 1991, is 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, for sex offenses committed before, on or after February 28, 1990,
or a kidnapping offender, who, on July 27, 1997, is not in custody but is 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, for kidnapping offenses committed before, on, or after July 27,
1997, you must register within ten days with the county sheriff for the county
of your residence.
A
change in supervision status of a sex offender who was required to register
under state as of July 28, 1991,or a kidnapping offender who is convicted on or
after July 27, 1997, shall not relieve you of the duty to register or to
re-register following a change in residence. The obligation to register shall
only cease pursuant to
RCW 9A.44.140.
OFFENDERS
WHO ARE CONVICTED BUT NOT CONFINED.
If
you are a sex offender who is convicted of a sex offense on or after July 28,
1991, for a sex offense that was committed on or after February 28, 1990, or a
kidnapping offender who is convicted on or after July 27, 1997, for a
kidnapping offense that was committed on or after July 27, 1997, but who is not
sentenced to service a term of confinement immediately upon sentencing, you
must report to the county sheriff to register immediately upon completion of
being sentenced.
OFFENDERS
FOUND NOT GUILTY BY REASON OF INSANITY.
If you are an 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, on after July 27, 1997, and who on or after July 27, 1997,
is in custody as a result of the finding, you must register within 24 hours
from the time of release with the county sheriff for the county of your
residence. If you are an adult or juvenile who has been found not guilty by
reason of insanity on committing a sex offense on, before, or after February
28, 1990, but who was released before July 23, 1995, or an adult of juvenile
who has been found not guilty by reason of insanity of committing a kidnapping
offense but who was released before July 27, 1997, you are required to register
within 24 hours of receiving notice of this registration requirement.
OFFENDERS WHO ARE NEW RESIDENTS
OR RETURNING WASHINGTON RESIDENTS.
If you are a sex offender or a
kidnapping offender who moves to Washington State from another state or a
foreign country and are not under the jurisdiction of the Department of
Corrections, the Indeterminate Sentence Review Board, or the State Department
of Social and Health Services at the time of moving to Washington, you must
register within 30 days of establishing residence or reestablishing residence
if you are a former Washington resident.
The duty to register under this
requirement 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 or after February 28, 1990, and to kidnapping offenders
convicted under the laws of another state or foreign country, federal or
military statutes, or Washington State for offenses committee 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 with 24 hours of moving
to Washington.
OFFENDERS WHO ARE MOVING TO A
NEW ADDRESS.
If you move to a new address within
the same county, you must send written notice of the change of address to the
county sheriff at least 14 days before moving. If you move to a new county, you
must send written notice of the change of address at least 14 days before
moving to the county sheriff in the new county of residence and must register
with that county sheriff within 24 hours of moving. You must also send written
notice within ten days of the change of address in the new county to the county
sheriff with whom you last registered. If you move out of Washington State,you
must also send written notice within ten days of moving to the new state or
foreign country to the county sheriff with whom you last registered.
|
| PENALTIES
FOR FAILURE TO REGISTER
|
|
How
long you have to continue to register depends upon the offense for which you
were convicted.
If
your offense was a Class A felony, you may only be relieved of the duty to
register by petitioning the superior court of the county in which you were
convicted (or, in the case of foreign, federal, military, or out-of-state
convictions, the Thurston County Superior Court).
If
your offense was a Class B felony, you must register for 15 years after the
last date of release from confinement (including full-time residential
treatment) resulting from the offense, or entry of sentence.
If
your offense was a Class C felony, a violation of
RCW 9.68A.090 or
9A.44.096 or an attempt,
solicitation, or conspiracy to commit a Class C felony, you must register for
10 years after the last date of release from confinement, or entry of the
sentence.
For
foreign country, federal, military, or out-of-state sex offenders, the
registration period is determined by the classification of the offense if it
had occurred under Washington law. For example, if your offense would have been
a Class B felony under Washington law, you must continue to register for 15
years.
For
b and c above, the specified time period for registration must be consecutive
years in the community without any convictions for new offenses.
*******************************************
If
you wish to be relieved of the duty to register, you may petition the superior
court of the county in which you were convicted (or, in the case of foreign,
federal, military, or out-of-state convictions, the Thurston County Superior
Court). The prosecuting attorney must be named and served as the respondent. As
the petitioner you must prove by clear and convincing evidence that future
registration will not serve the purposes of
RCW 9A.44.130,
10.01.200,
43.43.540,
46.20.187,
70.48.470, and
72.09.330.You may want to have
a lawyer help you with this petition.
Clarification or amendment to
RCW 9A.44.130 does not relieve sex
offenders of the obligation to comply with the registration requirements as the
statute existed before July 28, 1991.
REMEMBER, IT IS A
NEW CRIMINAL OFFENSE FOR YOU TO FAIL TO REGISTER OR FAIL TO NOTIFY THE SHERIFF
OF A CHANGE IN ADDRESS UNLESS YOU ARE RELIEVED OF THE REGISTRATION
REQUIREMENT.IT IS YOUR RESPONSIBILITY TO UNDERSTAND AND OBEY THE LAW.
|
|
|