RCW 72.09.345
Sex offenders -- Release of information to
protect public -- End-of-sentence review
committee -- Assessment -- Records access -- Review, classification,
referral of offenders -- Issuance of narrative notices. (Effective
until August 1, 2009.)
(1) In addition to any other information
required to be released under this chapter, the department is
authorized, pursuant to RCW 4.24.550, to release relevant
information that is necessary to protect the public concerning
offenders convicted of sex offenses.
(2) In order for public agencies to have the information
necessary to notify the public as authorized in RCW 4.24.550, the
secretary shall establish and administer an end-of-sentence
review committee for the purposes of assigning risk levels,
reviewing available release plans, and making appropriate
referrals for sex offenders. The committee shall assess, on a
case-by-case basis, the public risk posed by sex offenders who
are: (a) Preparing for their release from confinement for sex
offenses committed on or after July 1, 1984; and (b) accepted
from another state under a reciprocal agreement under the
interstate compact authorized in chapter 72.74 RCW.
(3) Notwithstanding any other provision of law, the
committee shall have access to all relevant records and
information in the possession of public agencies relating to the
offenders under review, including police reports; prosecutors'
statements of probable cause; presentence investigations and
reports; complete judgments and sentences; current classification
referrals; criminal history summaries; violation and disciplinary
reports; all psychological evaluations and psychiatric hospital
reports; sex offender treatment program reports; and juvenile
records. Records and information obtained under this subsection
shall not be disclosed outside the committee unless otherwise
authorized by law.
(4) The committee shall review each sex offender under its
authority before the offender's release from confinement or start
of the offender's term of community placement or community
custody in order to: (a) Classify the offender into a risk level
for the purposes of public notification under RCW 4.24.550; (b)
where available, review the offender's proposed release plan in
accordance with the requirements of RCW 72.09.340; and (c) make
appropriate referrals.
(5) The committee shall classify as risk level I those sex
offenders whose risk assessments indicate a low risk of reoffense
within the community at large. The committee shall classify as
risk level II those offenders whose risk assessments indicate a
moderate risk of reoffense within the community at large. The
committee shall classify as risk level III those offenders whose
risk assessments indicate a high risk of reoffense within the
community at large.
(6) The committee shall issue to appropriate law enforcement
agencies, for their use in making public notifications under RCW 4.24.550, narrative notices regarding the pending release of sex
offenders from the department's facilities. The narrative
notices shall, at a minimum, describe the identity and criminal
history behavior of the offender and shall include the
department's risk level classification for the offender. For sex
offenders classified as either risk level II or III, the
narrative notices shall also include the reasons underlying the
classification.
[1997 c 364 § 4.]
NOTES:
Severability -- 1997 c 364: See note following RCW 4.24.550.
RCW 72.09.345
Sex offenders -- Release of information to
protect public -- End-of-sentence review
committee -- Assessment -- Records access -- Review, classification,
referral of offenders -- Issuance of narrative notices. (Effective
August 1, 2009.)
(1) In addition to any other information
required to be released under this chapter, the department is
authorized, pursuant to RCW 4.24.550, to release relevant
information that is necessary to protect the public concerning
offenders convicted of sex offenses.
(2) In order for public agencies to have the information
necessary to notify the public as authorized in RCW 4.24.550, the
secretary shall establish and administer an end-of-sentence
review committee for the purposes of assigning risk levels,
reviewing available release plans, and making appropriate
referrals for sex offenders. The committee shall assess, on a
case-by-case basis, the public risk posed by sex offenders who
are: (a) Preparing for their release from confinement for sex
offenses committed on or after July 1, 1984; and (b) accepted
from another state under a reciprocal agreement under the
interstate compact authorized in chapter 72.74 RCW.
(3) Notwithstanding any other provision of law, the
committee shall have access to all relevant records and
information in the possession of public agencies relating to the
offenders under review, including police reports; prosecutors'
statements of probable cause; presentence investigations and
reports; complete judgments and sentences; current classification
referrals; criminal history summaries; violation and disciplinary
reports; all psychological evaluations and psychiatric hospital
reports; sex offender treatment program reports; and juvenile
records. Records and information obtained under this subsection
shall not be disclosed outside the committee unless otherwise
authorized by law.
(4) The committee shall review each sex offender under its
authority before the offender's release from confinement or start
of the offender's term of community custody in order to: (a)
Classify the offender into a risk level for the purposes of
public notification under RCW 4.24.550; (b) where available,
review the offender's proposed release plan in accordance with
the requirements of RCW 72.09.340; and (c) make appropriate
referrals.
(5) The committee shall classify as risk level I those sex
offenders whose risk assessments indicate a low risk of reoffense
within the community at large. The committee shall classify as
risk level II those offenders whose risk assessments indicate a
moderate risk of reoffense within the community at large. The
committee shall classify as risk level III those offenders whose
risk assessments indicate a high risk of reoffense within the
community at large.
(6) The committee shall issue to appropriate law enforcement
agencies, for their use in making public notifications under RCW 4.24.550, narrative notices regarding the pending release of sex
offenders from the department's facilities. The narrative
notices shall, at a minimum, describe the identity and criminal
history behavior of the offender and shall include the
department's risk level classification for the offender. For sex
offenders classified as either risk level II or III, the
narrative notices shall also include the reasons underlying the
classification.
[2008 c 231 § 49; 1997 c 364 § 4.]
NOTES:
Intent -- Application -- Application of repealers -- Effective date -- 2008 c 231: See notes following RCW 9.94A.701.
Severability -- 2008 c 231: See note following RCW 9.94A.500.
Severability -- 1997 c 364: See note following RCW 4.24.550.