1. Q. Does everyone who has ever been convicted of a
sex or kidnapping offense have to register in Washington?
A: No. Only those sex offenders who have committed a sex
offense on, before, or after February 28, 1990, and who, on or after July
28, 1991, were in custody for that offense. And only kidnapping
offenders who, on or after July 27, 1997, were in custody for that
offense. Kidnapping and Unlawful Imprisonment convictions are only
registerable if the victim is a minor and the offender is not the minor's
parent.
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2. Q. What crimes require a registration?
A: Rape 1st, 2nd and 3rd degree, Rape of a Child 1st, 2nd and
3rd degree, Child Molestation 1st, 2nd and 3rd degree, Sexual Misconduct
with a Minor 1st and 2nd degree, Indecent Liberties, Voyeurism, Failure to
Register as a Sex Offender, Incest 1st and 2nd degree, Kidnapping 1st and
2nd degree, Unlawful Imprisonment, Sexual Exploitation of a Minor, Dealing
in Depictions of a Minor Engaged in Sexually Explicit Conduct, Sending or
Bringing Into the State Depictions of a Minor Engaged in Sexually Explicit
Conduct, Communication with a Minor for Immoral Purposes, Patronizing a
Juvenile Prostitute. 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.
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3. Q. Are juveniles required to register if
convicted of a sex offense?
A: Yes. Juveniles and adults must register for the same
crimes.
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4. Q. Why is the offender living in my
neighborhood?
A: The Sheriff's office cannot place any restrictions on where
an offender lives in any community. As a part of the offenders
release, they submit a release plan that is reviewed by the Department of
Corrections prior to the offender's release. The plan may be
declined if the offender's residence would be considered a risk to the
community based on the offender's victim range. While you may not be
happy about an offender living in your area it is important to realize
that at least you are aware of this offender. There are individuals
who have never been caught and continue to offend in your community.
The best defense you can have is being educated in how to protect yourself
and your family members from being victimized by anyone.
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5. Q. When is the sheriff’s office going to
move the offender out of my neighborhood?
A: The Sheriff's office lacks any authority in forcing an
offender to move from one location to another. the Sheriff's office
is granted the authority to give community notification about specific
offenders considered a moderate or high risk to the community. the
Sheriff's office also verifies that all sex offenders are living where
they are registered. We also actively seek out those offenders who
fail to register or fail to make proper notification of an address
change.
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6. Q. Are you going to tell us if the offender
moves out of this neighborhood so we don’t have to worry any more?
A: We will not be contacting the public if this offender moves
to another location. Offenders move on a regular basis. You
should not think that just because this particular offender moves that you
are safe. you should take appropriate actions, be safe and remain
educated about sex offenders to protect you from all offenders, whether
you know where they live or not.
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7. Q. What do I tell my children about this
offender?
A: Don't tell them the scary details about the crimes.
Keep information general, as it may protect them from others who would
harm them. The goal is that your child is educated about being safe
from everyone including strangers, acquaintances or family members who
would victimize them. Here are some basic do's and don'ts regarding
known offenders.
- Don't accept a ride from the offender
- Don't go into the home or yard of the offender
- Do tell your parents if this person offers you toys, money or gifts
- Do play with others and in groups when you can
- Call 911 if your parents are not home and you are approached by the
offender
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8. Q. Now that I know a sex offender lives in
my neighborhood, what should I do differently to protect my family and
myself?
A: Whether or not a sex offender lives in your neighborhood you
should educate yourself and your family in safety concerns. This is
a time to reinforce family safety planning and specific concerns about
this offender.
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9. Q. What are the responsibilities of sex
offenders who are required to be registered?
A: Offenders are required to register at the time of release
from a state prison or within twenty-four hours if released from a county
or local jail. Offenders who are convicted but not confined must
register immediately upon completion of being sentenced.
Offenders who move to Washington from another state or foreign country
and who are not under supervision at the time of moving to Washington must
register within 30 days of establishing residence or reestablishing
residence if the person is a former Washington resident.
If a person is not a resident of Washington but is a student, employed
or carries on a vocation in Washington he/she must register in the county
where the person's school is located, the county where he/she is employed
or the county where the person carries on a vocation. "Employed
or carries on a vocation" means employment that is full-time or
part-time for a period of time exceeding fourteen days, or a total of
thirty days during a calendar year.
Offenders who are 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 their
person's residence of the person's intent to attend the school.
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 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 county and to
the county sheriff with whom the person last registered in Washington.
Offenders moving to a new residence within the same county must send
written notice to the county sheriff within seventy-two hours of
moving. If an offender moves to a new Washington county, the person
must send written notice fourteen days before moving to the county sheriff
in the new county of residence and must register within 24 hours of
moving. The person must also send written notice within ten days of
the change of address to the county sheriff with whom the person last
registered.
Any offender who lacks a fixed residence shall provide written notice
to the sheriff of the county where he/she last registered within
forty-eight hours excluding weekends and holidays after ceasing to have a
fixed residence. A person who lacks a fixed residence must report
weekly, in person, to the sheriff of the county where he/she is
registered. The weekly report is at a day and time specified by the
county sheriff and occurs during normal business hours.
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10. Q. I know an offender who was convicted of
a sex offense but his/her name is not on the list.
Why don’t I see it?
A: There are several reasons an offender is not on a
registration list or is not currently registered.
- If the offender is considered a level I sex offender, no community
notification is provided. Level I sex offenders are not posted
on the internet and flyers are not distributed.
- In some cases sex offenders are relieved of the duty to register by
a court.
- Once an offender has successfully completed the registration period
(10 years for class C felonies and Gross Misdemeanors and 15 years for
class B felonies) they can be relived of the duty to register.
The offender must request to be relieved of the duty to register and
must have been conviction free from all crimes during the entire
registration period.
- The offender does not qualify for registration under RCW 9A.44.130.
- The offender was convicted of an offense that does not require or
allow for registration in Washington.
- The offender may be in violation. If you believe this to be
the case please contact the law enforcement agency responsible for the
community the offender is living in.
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11. Q. Is there a place I can view the sex
offender/kidnapping law?
A:
RCW 9A.44.130
Registration of sex offenders and kidnapping offenders -- Procedures --
Definition -- Penalties.
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12. Q. How
long are convicted sex offenders required to register?
A: How long an offender must register depends upon the sex
offense for which they were convicted.
- A person convicted of a Class A felony or of any sex offense or
kidnapping offense who has one or more prior convictions for a sex
offense or kidnapping offense is required to register continuously,
unless a superior court grants a petition order relieving the person
of the duty to register.
- A person convicted of a Class B felony who does not have one or more
prior convictions for a sex offense or kidnapping offense is required
to register for fifteen years after release from confinement
(including residential treatment). If he/she is not convicted of
any new offense during the fifteen year period, the person is no
longer required to register.
- A person who has been convicted of a Class C felony or Gross
Misdemeanor that is under RCW 9A.28 is required to register for ten
years after their release from confinement. if any (including
full-time residential treatment). If he/she is not convicted of
any new offense during the ten year period, the person is no longer
required to register.
- For foreign country, federal, military, or out-of-state sex
offenses, the registration period is determined by the classification
of the offense if it had occurred under Washington law.
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13. Q. What
does it mean to be a Level I, II or III sex offender?
A: Each county sheriff is responsible for determining the risk
level for an offender. These levels are level I, II and III.
For offenders being released from prison, The Department of Corrections,
End of Sentence Review Committee provides a recommended level. The
sheriff takes this recommended level into consideration when determining
risk to the community where the offender will reside. In Cowlitz
County, regardless of level, all registration information is shared with
each law enforcement agency within the county, Department of Corrections,
Juvenile Rehabilitation Administration, Cowlitz County Prosecutor's Office
and Cowlitz County Juvenile.
- Level I offenders are considered a low risk to re-offend. Most
offenders are in this category. No community notification is
done and information is not available on the either the sheriff's web
page or the state sex offender registry web page.
- Level II offenders are considered a moderate risk to
re-offend. Flyers are distributed to the neighborhood where the
offender has registered an address. Schools, daycares and other
community groups are notified. The offender will be found on the
state registry web page.
- Level III offenders are considered a high risk to re-offend.
In addition to the notifications done for level II offenders,
information is provided to the media and the offender will be found on
the Cowlitz County web page.
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14. Q. Why
do some offenders not have conditions?
A: Offenders are only bound by conditions of supervision while
they are on active supervision by the Department of Corrections, Juvenile Rehabilitation
Administration, or county probation department. After completing
active supervision the offender's only requirement is that of continuing
to register as a sex offender as required by law.
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15. Q. I’ve
seen advertisements for web sites that offer sex offender registration
information for a fee. Isn’t
this information supposed to be free?
A: Law enforcement
agencies have a duty to inform the public at no charge when a registered sex
offender settles in a neighborhood. There are companies that will
provide this information to you for a fee. Not only should you not
have to pay for this information, often times the information is
unreliable and not accurate.
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16. Q. Can
a registered sex offender baby-sit my children?
A: As of March 2002, the crime of Leaving a Child in the Care of
a Sex Offender was enacted. To see the actual law, click on
the following link:
Leaving
a Child in the Care of a Sex Offender
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17. Q I've heard that there is a web page where I can
search for sex offenders living in my neighborhood. What is that
address?
A: The Washington State Sex
Offender Information Center is a web site created by the
Washington Association of Sheriff's and Police Chiefs at the
direction of the Washington State legislature. This web site
allows you to search for RSO's living near you by searching an
area around the address you provide.
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