Sexual Offenders

Revises the Washington statutes on sex offender registration for transient sex offenders. Requires all transient sex offenders to report weekly to the county sheriff, regardless of risk level classification. The lack of a fixed residence is a factor that may be considered in determining the extent of public notification regarding the offender. Any offender who ceases to have a fixed residence must notify the sheriff within 48 hours of failing to have a fixed residence, rather than 14 days. This bill also delays the implementation date for the statewide jail booking and reporting system.

The Pattern Forms Committee will review the felony Judgment and Sentence form for necessary revisions.

SEX OFFENDER REGISTRATION
HB 2086 (S)
Chapter 170, Laws 2001

Revises Washington statutes on sex offender registration to meet federal statutory guidelines. A person is required to register for life if: (1) the person has been convicted of an aggravated sex offense; (2) the person has been determined to be a sexually violent predator under Washington statute, federal law or the law of another state; or (3) the person has been convicted of one or more prior sexually violent offenses or criminal offenses against a victim who is a minor. A person may petition the court to be exempted from any community notification requirements as a sex offender if the person has spent 15 years in the community without being convicted of any new offenses.

The Pattern Forms Committee will review the felony Judgment and Sentence form for any necessary revisions.

PERSISTENT SEX OFFENDERS
ESSB 5013 (S)
Chapter 7, Laws 2001

Clarifies the definition of a "persistent offender" to make clear when a prior conviction for a sex offense should be considered a sex crime "strike" for sentencing as a "persistent offender." A "persistent offender" must be sentenced to life in prison without the possibility of parole. A federal or out-of-state prior sex offense conviction, or such a conviction under prior Washington law, is a prior sex crime "strike" for sentencing purposes if the crime is comparable to an offense designated as a sex crime "strike" under current Washington law.

SEX AND KIDNAPPING OFFENDERS
SSB 5014 (S)
Chapter 95, Laws 2001

Harmonizes the definitions of a sex offense in the criminal statutes and the registration statute so they are the same with regard to felonies. When sex offender registration was first established, the definitions were the same. However, over the years, both definitions have been amended. Effective: July 1, 2001.

COMMITMENT OF SEXUALLY VIOLENT PREDATORS
ESSB 5122a (S)
Chapter 71, Laws 2001
Restricts the evidence that may be presented about LRA conditions during a commitment hearing (courts may not consider "hypothetical" treatment conditions - only those conditions that would exist if the person were released on the SVP petition) (sections 1 and 7). Prompted by the Court of Appeals decision in In re Ross, 102 Wn.APP. 108 (2000). Also:

• Clarifies that LRAs may not be ordered until the respondent has first received inpatient treatment (sections 3, 4 & 7);
• Revises definitions for "likely to engage in predatory acts", "predatory", and "recent overt acts" (section 4);
• Takes away a respondent's right to exclude the testimony of the respondent's spouse (section 2);
• Provides that treatment providers may be compelled to testify despite any claims of privilege (section 12); and
  

SEXUALLY VIOLENT PREDATORS
SSB 5123 (S)
Chapter 287, Laws 2001

Creates the new crime of "escape by a sexually violent predator subject to an order of civil commitment pursuant to RCW 71.09." A sexually violent predator subject to an order of civil commitment is guilty of this crime if he or she: (1) escapes from custody, or (2) escapes from a commitment facility, or (3) escapes from an LRA facility, or (4) while on conditional release and residing in a location other than at a commitment center or LRA facility, leaves or remains absent from the state without prior court authorization. This offense is a class B felony and is ranked at a seriousness level of Level X.

This act is effective immediately, except for section 4, which amends the definition of "escape" in the SRA to include this new offense. Section 4 is effective: July 1, 2001.

SEX AND KIDNAPPING OFFENDERS
ESSB 6143 (S)
Chapter 283, Laws 2001

Adds new provisions to the community notification requirements for Level III sex offenders found in RCW 4.24.550. The sheriff of the county where the offender is registered is required to publish in a legal newspaper by legal notice, advertising or news release a sex offender community notification that meets the criteria of RCW 4.24.5501. The sheriff is also required to publish a current list of level III registered sex offenders twice yearly. Finally, the sheriff is required to maintain a current list of level III registered sex offenders on a publicly-accessible website that is updated at least once a month.