Washington's Electronic Sex Offender Notification and Registration System

Governor Christine Gregoire signed into law the state's first centralized, electronic database for registered sex offenders and kidnappers. The on-line registry is accessible not only by law enforcement agencies, but also by the public. The system allows members of the public to search the database for sex offenders living in their neighborhoods by county, city, zip code, last name, type of conviction and/or address by hundred block. People also have the option of signing up for email notifications when a sex offender moves within a certain proximity of their homes.
Before the centralized system, each county's sheriff's department maintained their own database for sex offenders living in their jurisdiction. However, the information available in each database varied greatly. The new system will be maintained by the Washington Association of Sheriffs and Police Chiefs (WASPC).
While the legislature passed this law with the intent to provide information to Washington's citizens to help them protect their families from sexual predators, the law may in fact violate the privacy rights of those who already have served their sentences and who are trying to rebuild their lives.
Sex Offender Classification System
The changes in Washington's sex offender registry in part are in response to the creation of a national sex offender registry. Under the federal Adam Walsh Child Protection and Safety Act ("The Adam Walsh Act"), all states are required to have a central, electronic sex offender registry by July 27, 2009.
The Adam Walsh Act also requires states to have a uniform system for categorizing sex offenders, which has in turn required Washington to reclassify offenders living in the state. The classification system is as follows:
Level 1: reserved for those least likely to become repeat offenders. Level 1s are generally first time offenders who knew their victims. They have completed, or are in the process of completing, a treatment program. Level 1s are required to register for 15 years and update their information once per year.
Level 2: reserved for those who are moderately likely to reoffend. Level 2s generally have more than 1 victim who they subjected to long-term abuse. They did not complete, or refused to participate in, a treatment program. Level 2s are required to register for 25 years and update their information every 6 months.
Level 3: reserved for those most likely to become repeat offenders. Level 3s generally have more than 1 victim, whom they may or may not have known, and are likely to have committed other crimes of violence. Level 3s are required to register for life and update their information once every 3 months.
Sex offenders are required to register in person with the sheriff's office for the county they intend to live in. The level assigned to a sex offender is determined at the time of registration by the particular law enforcement agency.
What Information is Available?
Under Washington 4.24.550, the following information must be available on each offender: name, address by hundred block, criminal convictions, physical description and photograph. The names of all registered kidnappers, Level 2 offenders and Level 3 offenders will be available on the site, but Level 1 offenders only are listed if they have failed to comply with the state's registration laws.
Who is Required to Register?
Washington law requires those convicted of the following crimes to register as sex offenders with the state:
Rape 1, 2 or 3
Rape of a child 1, 2 or 3
Child molestation 1, 2 or 3
Sexual misconduct with a minor 1 or 2
Indecent liberties
Voyeurism
Incest 1 or 2
Kidnapping 1 or 2 (unless it involves a parent)
Unlawful Imprisonment (unless it involves a parent)
Sexual exploitation of a minor
Dealing in depictions of minor
Engaged in sexually explicit conduct
Sending or bringing depictions of minor into the state
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 listed offenses if it had been committed in Washington
Any gross misdemeanor that is a criminal attempt, criminal solicitation or criminal conspiracy to commit an offense that is classified as a sex offense
Any felony with a finding of sexual motivation
Impact of the Sex Offender Registry
Critics of sex offender registries have expressed concern over the impact they have on the privacy rights of individuals and have questioned the inherent fairness of punishing someone who has already served their court mandated sentence. Several states have raised questions about the constitutionality of the Adam Walsh Child Protection and Safety Act and, to date, no states have received approval of their programs from the federal government.
Implementing Washington's on-line database also raises important questions. With the new classification system, offenders in the state who were considered low level offenders may now be reclassified at a higher level. This could mean that people who have been living peacefully in neighborhoods for years will have their pictures sent out to schools, community organizations and others as part of the state's community notification requirement.
Even if offenders are not classified at higher levels, their friends, co-workers and neighbors now will be able to search for their names on-line and find out whether they have ever been convicted of a sex crime. The longer registration periods mean those wishing to put a mistake from their past behind them will have more difficulty moving on with their lives - and, in turn, will be forced to suffer the stigma of being a registered sex offender for greater lengths of time.
There is also a legitimate concern that the registry could be used as a means to harass, threaten or even harm those listed in the database. There have been cases in other states where people have used the information in sex offender registries to do just that, or even worse.
Conclusion
If you are facing charges for a sex offense or other crime that could require you to register with the state's sex offender registry, it is more important now than ever before to protect your rights. In some situations, you may not be required to register or may have your registration removed after a period of time. An experienced criminal defense attorney can explain your options and help prepare the best defense for your case.
ABOUT THE AUTHOR: James Newton
James is the lead attorney of the Law Offices of James Newton, PLLC, and he is the first person you will meet with when you come to the office to talk about your case. He has built a great team of attorneys, each with the skill sets needed to give you the best possible defense.
James attended Antioch University in Seattle and received an A.B. and went on to earn his Juris Doctorate from Gonzaga University School of Law in Spokane, WA. He has been admitted to the Washington State Bar and the U.S. District Court Western District of Washington.
James' practice is Criminal Defense, with an emphasis on DUI/DWI, Drug Crimes, Domestic Violence and Sex Crimes.