SB 5578 — Concerning the release of sex offender information.

S-1645.1SUBSTITUTES-0259.1SENATE SENATE BILL 5578State of Washington65th Legislature2017 Regular SessionBy Senate Law & Justice (originally sponsored by Senator Pearson)READPearsonRead FIRSTfirst TIMEtime 02/17/17.AN01/30/17. ACT Relating to sex offender registry information;

andReferred amendingto RCWCommittee 4.24.550on andLaw 9A.44.142.BE& ITJustice.AN ENACTEDACT BYRelating THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec. 1.  RCW 4.24.550 and 2015 c 261 s 1 are each amended to read as follows:(1) In addition to the disclosurerelease under subsection (5) of this section, public agencies are authorized to release information to the public regarding sex offendersoffender andinformation; kidnapping offenders when the agency determines that disclosure of the information is relevant and necessary to protect the public and counteract the danger created by the particular offender.

and amending RCW 4.24.550.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec. 1.  RCW 4.24.550 and 2015 c 261 s 1 are each amended to read as follows:(1) In addition to the disclosure under subsection (5) of this section, public agencies are authorized to release information to the public regarding sex offenders and kidnapping offenders when the agency determines that disclosure of the information is relevant and necessary to protect the public and counteract the danger created by the particular offender.

The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the general public.(8) Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information authorized under this section.(9) Nothing in this section implies that information regarding persons designated in subsection (1) of this section is confidential except as may otherwise be provided by law.(10) When a law enforcement agency or official classifies an offender differently than the offender is classified by the end of sentence review committee at the time of the offender's release from confinement, the law enforcement agency or official shall notify the end of sentence review committee and the Washington state patrol and submit its reasons supporting the change in classification.(11) As used in this section, "law enforcement agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020.Sec. 2.  RCW10.93.020.--- 9A.44.142END and--- 2015 c 261 s 8 are each amended to read as follows:(1) A person who is required to register under RCW 9A.44.130 may petition the superior court to be relieved of the duty to register:(a) If the person has a duty to register for a sex offense or kidnapping offense committed when the offender was a juvenile, regardless of whether the conviction was in this state, as provided in RCW 9A.44.143;(b) If the person is required to register for a conviction in this state, is classified as a risk level I, and is not prohibited from petitioning for relief from registration under subsection (2) of this section, when the person has spent five consecutive years in the community without being convicted of a disqualifying offense during that time period;(c) If the person is required to register for a conviction in this state and is not prohibited from petitioning for relief from registration under subsection (2) of this section, when the person has spent ten consecutive years in the community without being convicted of a disqualifying offense during that time period;

or(((c))) (d) If the person is required to register for a federal, tribal, or out-of-state conviction, when the person has spent fifteen consecutive years in the community without being convicted of a disqualifying offense during that time period.(2)(a) A person may not petition for relief from registration if the person has been:(i) Determined to be a sexually violent predator pursuant to chapter 71.09 RCW;

or(ii) Convicted as an adult of a sex offense or kidnapping offense that is a class A felony and that was committed with forcible compulsion on or after June 8, 2000.(b) Any person who may not be relieved of the duty to register may petition the court to be exempted from any community notification requirements that the person may be subject to fifteen years after the later of the entry of the judgment and sentence or the last date of release from confinement, including full-time residential treatment, pursuant to the conviction, if the person has spent the time in the community without being convicted of a disqualifying offense.(3) A petition for relief from registration or exemption from notification under this section shall be made to the court in which the petitioner was convicted 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, tribal, or military court, to the court in the county where the person is registered at the time the petition is sought.

The prosecuting attorney of the county shall be named and served as the respondent in any such petition.(4)(a) The court may relieve a petitioner of the duty to register only if the petitioner shows by clear and convincing evidence that the petitioner is sufficiently rehabilitated to warrant removal from the central registry of sex offenders and kidnapping offenders.(b) In determining whether the petitioner is sufficiently rehabilitated to warrant removal from the registry, the following factors are provided as guidance to assist the court in making its determination:(i) The nature of the registrable offense committed including the number of victims and the length of the offense history;(ii) Any subsequent criminal history;(iii) The petitioner's compliance with supervision requirements;(iv) The length of time since the charged incident(s) occurred;(v) Any input from community corrections officers, law enforcement, or treatment providers;(vi) Participation in sex offender treatment;(vii) Participation in other treatment and rehabilitative programs;(viii) The offender's stability in employment and housing;(ix) The offender's community and personal support system;(x) Any risk assessments or evaluations prepared by a qualified professional;(xi) Any updated polygraph examination;(xii) Any input of the victim;(xiii) Any other factors the court may consider relevant.(5) If a person is relieved of the duty to register pursuant to this section, the relief of registration does not constitute a certificate of rehabilitation, or the equivalent of a certificate of rehabilitation, for the purposes of restoration of firearm possession under RCW 9.41.040.--- END ---