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HomeMy WebLinkAboutR-2011-044 Sex Offenders Exclusion from Yakima Public Swimming Pools; RCW 9A.44.193 RESOLUTION NO. R- 2011 -44 A RESOLUTION Adopting a Policy and Directing City Staff to Issue Written Notices Pursuant RCW 9A.44.193 Ordering Qualifying Covered Level 2 and /or Level 3 Sex Offenders Pursuant to RCW 9A.44.190(5) and RCW 9A.44.193 from the Legal Premises of City of Yakima Public Swimming Pools Pursuant to this Policy. WHEREAS, in 2006, the State Legislature passed RCW 9A.44.190, RCW 9A.44.193 and RCW 9A.44.196 which authorize an owner, operator or manager of a public facility whose primary purpose, at any time, is to provide for the education, care, or recreation of a child or children, including swimming pools, to order Level 2 and /or Level 3 sex offenders, "covered offenders ", who meet certain criteria pursuant to RCW 9A.44.190 from the legal premises of the covered facility; and WHEREAS, the Yakima City pools are public swimming pools which provide for the education, care and recreation of children; and WHEREAS, it is in the best interest of the public health and safety of the citizens of the City of Yakima, specifically the children, to order and exclude Level 2 and /or Level 3 Sex Offenders who meet the criteria of RCW 9A.44.190(5) and RCW 9A.44.193 from the premises of City of Yakima swimming pools; now, therefore, BE IT RESOLVED by the City Council of the City of Yakima, Washington, as follows: The City of Yakima Interim Police Chief or the City Police Chief and the City Director of Public Works are directed to issue written notices pursuant to RCW 9A.44.193, to all "covered offenders" as defined in RCW 9A.44.190(5), whose risk level classification has been assessed at a Level II or Level III sex offender pursuant to state law, that orders the "covered offenders" from the legal premises of the two City of Yakima public swimming pools. The written notices pursuant to RCW 9A.44.193 are to be issued to all "covered offenders" as defined in RCW 9A.44.190 who reside in the City of Yakima, Washington city limits or who reside in surrounding areas within five miles of the City of Yakima city limits. The City of Yakima Interim Police Chief or the City Police Chief and the City Director of Public Works are further authorized to issue said written notices pursuant to RCW 9A.44.193 to "covered offenders" who reside in other areas as the circumstances warrant. ADOPTED BY THE CITY COUNCIL this 5th day of April, 2011. 4/6 C Micah Cawley, M or ATTEST: City Clerk BUSINESS OF THE CITY COUNCIL O YAKIMA, WASHINGTON AGENDA STATEMENT Item No. `tA ' b For Meeting of: April 5, 2011 ITEM TITLE: A Resolution Adopting a Policy and Directing City Staff to Issue Written Notices Pursuant RCW 9A.44.193 Ordering Qualifying Covered Level 2 and /or Level 3 Sex Offenders Pursuant to RCW 9A.44.190(5) and RCW 9A.44.193 from the Legal Premises of City of Yakima Public Swimming Pools Pursuant to this Policy. SUBMITTED BY: Chris Waarvick, Director of Public Works Cynthia Martinez, Senior Assistant City Attorney Greg Copeland, Interim Chief of Police CONTACT PERSON/TELEPHONE: Chris Waarvick, Director of Public Works, 575 -6411 SUMMARY EXPLANATION: An observation at Lions Pool ultimately led to a discussion at the City's Public Safety Committee regarding the use of RCW 9A.44.190 and RCW 9A.44.193 (attached) to exclude Level 2 and 3 sex offenders who meet certain criteria from the City of Yakima public swimming pools. Material from Washington Attorney General Rob McKenna's office about the state statute is enclosed. Chief Copeland has advised the Committee that the Police Department has an officer assigned to monitoring the whereabouts of sexual offenders in the city. He recommends that if the 0 Council were to direct the exclusion of Level 2 and 3 sexual offenders from the public pools, that after the initial notice to those known to be in the area, that the list be updated quarterly and new offenders be served notice of exclusion. There are currently (as of mid - February 2011) 114 Level 2 and 3 sexual offenders in the immediate Upper Valley area who meet the criteria for notice of exclusion. Each service costs approximately $30 and generally would not need repeating. City swimming pool staff and lifeguards would be responsible for notifying YPD upon reasonable information or observation of an excluded sex offender in or around public pools. Resolution X Ordinance _Other _(Specify) Funding Source: Police and Parks operating funds APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD /COMMISSION RECOMMENDATION: Public Safety Committee discussed this matter on March 16, 2011, and recommends forwarding the issue to the full City Council for deliberation and approval. 0 COUNCIL ACTION: CITY OF YAKIMA • LEGAL DEPARTMENT 200 South Third Sired, Yakima, Washington 98901 (509)575-6030 Fax (509)575 -6160 MEMORANDUM February 18, 2011 TO: Kathy Coffey, Public Safety Committee Chair Maureen Adkison, Public Safety Committee Member Bill Lover, Public Safety Committee Member Rick Ensey, Alternate Public Safety Committee Member FROM: Greg Copeland, Acting Chief of Police Chris Waarvick, Director of Public Works Cynthia Martinez, Assistant City Attorney SUBJECT: Concerning Level 2 and 3 Sex Offenders RCW 9A.44.193 allows a municipality to ban Level 2 and /or Level 3 sex offenders who meet certain criteria (age of victim and certain crime convictions) from public facilities whose primary purpose, at any time, is to provide for the education, care, or recreation of a child or children, including swimming pools. In order to initiate the ban, the City of Yakima would have to cause each identified sex offender to be personally served with a written notice of exclusion from the facility. At the January Public Safety Committee meeting, staff was tasked with investigating the cost of imposing such a ban on all upper valley Level 2 and 3 sex offenders from City of Yakima pools. Perry Skipton of the Yakima Police Department researched the registered sex offenders who fit the criteria in the targeted area and reports the following: Summary for the offenders in the city limits: 400 total offenders 90 Level 2 and 3 offenders 59 Who initially meet the criteria of 9A.44.193 Summary of offenders outside the city limits: 456 total offenders 76 Level 2 and 3 offenders 55 who initially meet the criteria of 9A.44.193 Memorandum March 30, 2011 • Page 2 It is important to note that these numbers can fluctuate on a daily basis because people move or are added to /subtracted from the list. Cost of Service: There are several process server companies competing for business in our area which has led to lower prices. One agency is currently advertising $30. per service. At this cost, personal service of the sex offenders who fit the criteria would cost in the neighborhood of $3,500. We may be able to negotiate a cheaper rate (bulk discount). Frequency: Council may decide to use RCW 9A.44.130 to ban the sex offenders certified above (59 in City, 55 upper Yakima Valley) from the City pools. Additional discussions is necessary to ascertain if Council wishes to direct staff to review and update the list of qualifying offenders and at what frequency (monthly, quarterly, etc.). Council may or may not see an advantage to keeping two updated books available (at Franklin and Lions) containing pictures, and information for employees monitoring pool patronage. The effort to create and keep these books up to date has not been thoroughly vetted. (Police Personnel have access to the list of registered sex offenders and the information on the particular crime the offenders has been convicted.) cc. Michael Morales Jeff Cutter • Page 2 of 6 Westtaw, West's RCWA 9A.44.190 Page 1 West's Revised Code of Washington Annotated Currentness Title 9A. Washington Criminal Code (Refs & Annos) c Chapter 9A.44. Sex Offenses (Refs & Annos) 9A.44.190. Criminal trespass against children — Definitions As used in this section and RCW 9A.44.193 and 9A.44.196: (1) "Covered entity" means any public facility or private facility whose primary purpose, at any time, is to provide for the education, care, or recreation of a child or children, including but not limited to community and recreational centers, playgrounds, schools, swimming pools, and state or municipal parks. (2) "Child" means a person under the age of eighteen, unless the context clearly indicates that the term is other- wise defined in statute. (3) "Public facility" means a facility operated by a unit of local or state government, or by a nonprofit organiza- tion. ® (4) "Schools" means public and private schools, but does not include home -based instruction as defined in RCW 28A.225.010. (5) "Covered offender" means a person required to register under RCW 9A.44.130 who is eighteen years of age or older, who is not under the jurisdiction of the juvenile rehabilitation authority or currently serving a special sex offender disposition alternative, whose risk level classification has been assessed at a risk level II or a risk level III pursuant to RCW 72.09.345, and who, at any time, has been convicted of one or more of the following offenses: (a) Rape of a child in the first, second, and third degree; child molestation in the first, second, and third degree; indecent liberties against a child under age fifteen; sexual misconduct with a minor in the first and second de- gree; incest in the first and second degree; luring with sexual motivation; possession of depictions of minors en- gaged in sexually explicit conduct; dealing in depictions of minors engaged in sexually explicit conduct; bring- ing into the state depictions of minors engaged in sexually explicit conduct; sexual exploitation of a minor; com- municating with a minor for immoral purposes; *patronizing a juvenile prostitute; (b) Any felony in effect at any time prior to March 20, 2006, that is comparable to an offense listed in (a) of this subsection, including, but not limited to, statutory rape in the first and second degrees [degree] and carnal know- ledge; © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. http: / /web2.westlaw.com/ print /printstream.aspx ?sv = Split &prft = HTMLE &mt = Washington... 3/30/2011 • Page3of6 • West's RCWA 9A.44.190 Page 2 • r (c) Any felony offense for which: (i) There was a finding that the offense was committed with sexual motivation; and • • (ii) The victim of the offense was less than sixteen years of age at the time of the offense; (d) An attempt, conspiracy, or solicitation to commit any of the offenses listed in (a) through (c) of this subsec- tion; (e) Any conviction from any other jurisdiction which is comparable to any of the offenses listed in (a) through (d) of this subsection. CREDIT(S) [2006 c 126 § 4, eff. March 20, 2006; 2006 c I25 § 2, eff. March 20, 2006.] Current with 2011 Legislation effective through March 20, 2011. (C) 2011 Thomson Reuters. END OF DOCUMENT II/ .• ,•• .• 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. • http: / /web2. westlaw.com/ print /prin tstream. aspx ?sv= Split &prft =HTML E &mt= Washington... 3/30/2011 Page4of6 Mstl West's RCWA 9A.44.I93 Page 1 West's Revised Code of Washington Annotated Currentness Title 9A. Criminal Code (Refs & Annos) Chapter 9A.44. Sex Offenses (Refs & Annos) -' .� 9A.44.193. Criminal trespass against children -- Covered entities • (1) An owner, manager, or operator of a covered entity may order a covered offender from the legal premises of a covered entity as provided under this section. To do this, the owner, manager, or operator of a covered entity must first provide the covered offender, or cause the covered offender to be provided, personal service of a writ - • ten notice that informs the covered offender that: (a) The covered offender must leave the legal premises of the covered entity and may not return without the written permission of the covered entity; and (b) If the covered offender refuses to leave the legal premises of the covered entity, or thereafter returns and enters within the legal premises of the covered entity without written permission, the offender may be charged and prosecuted for a felony offense as provided in RCW 9A.44.196. S (2) A covered entity may give written permission of entry and use to a covered offender to enter and remain on the legal premises of the covered entity at particular times and for lawful purposes, including, but not limited to, conducting business, voting, or participating in educational or recreational activities. Any written permission of entry and use of the legal premises of a covered entity must be clearly stated in a written document and must be personally served on the covered offender. If the covered offender violates the conditions of entry and use con- tained in a written document personally served on the offender by the covered entity, the covered offender may be charged and prosecuted for a felony offense as provided in RCW 9A.44.196. (3) An owner, employee, or agent of a covered entity shall be immune from civil liability for damages arising from excluding or failing to exclude a covered offender from a covered entity or from imposing or failing to im- pose conditions of entry and use on a covered offender. (4) A person provided with written notice from a covered entity under this section may file a petition with the district court alleging that he or she does not meet the definition of "covered offender" in RCW 9A.44.190. The district court must conduct a hearing on the petition within thirty days of the petition being filed. In the hearing on the petition, the person has the burden of proving that he or she is not a covered offender. If the court finds, by a preponderance of the evidence, that the person is not a covered offender, the court shall order the covered entity to rescind the written notice and shall order the covered entity to pay the person's costs and reasonable at- tomeys' fees. © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. http: / /web2.westlaw. com/ print /printstream.aspx ?sv= Split &prft = HTMLE &mt = Washington... 3/30/2011 • Page 5of6 West's RCWA 9A.44.193 Page 2 •: CRED1T(S) [2006 c 126 § 5, eff. March 20, 2006; 2006 c 125 § 3, eff. March 20, 2006.] • Current with 2011 Legislation effective through March 20, 2011. (C) 2011 Thomson Reuters. END OF DOCUMENT • • • • • 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. • http: / /web2.westlaw.com/ print /printstrearn.aspx ?sv= Split &prft= HTMLE &mt=W ashington... 3/30/2011 Page6of6 Westlaw West's RCWA 9A.44.196 Page 1 West's Revised Code of Washington Annotated Currentness Title 9A. Washington Criminal Code (Refs & Annos) Rug Chapter 9A.44. Sex Offenses (Refs & Annos) 9A.44.196. Criminal trespass against children (1) A person is guilty of the crime of criminal trespass against children if he or she: (a) Is a covered offender as defined in RCW 9A.44.190; and (b)(i) Is personally served with written notice complying with the requirements of RCW 9A.44.193 that excludes the covered offender from the legal premises of the covered entity and remains upon or reenters the legal premises of the covered entity; or (ii) Is personally served with written notice complying with the requirements of RCW 9A.44.193 that imposes conditions of entry and use on the covered offender and violates the conditions of entry and use. (2) Criminal trespass against children is a class C felony. CREDIT(S) [2006 c 126 § 6, eff. March.20, 2006; 2006 c 125 § 4, eff. March 20, 2006.) Current with 2011 Legislation effective through March 20, 2011. (C) 2011 Thomson Reuters. END OF DOCUMENT © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. http: / /web2.westlaw.cotn/ print /printstream.aspx ?sv= Split &prft = HTMLE &mt = Washington... 3/30/2011 Page 2 of 6 Westlaw. West's RCWA 9A.44.190 Page 1 West's Revised Code of Washington Annotated Currentness Title 9A. Washington Criminal Code (Refs & Annos) ' Kis Chapter 9A.44. Sex Offenses (Refs & Annos) .� 9A.44.190. Criminal trespass against children -- Definitions • As used in this section and RCW 9A.44.193 and 9A.44.196: (1) "Covered entity" means any public facility or private facility whose primary purpose, at any time, is to provide for the education, care, or recreation of a child or children, including but not limited to community and recreational centers, playgrounds, schools, swimming pools, and state or municipal parks. (2) "Child" means a person under the age of eighteen, unless the context clearly indicates that the term is other- wise defined in statute. (3) "Public facility" means, a facility operated by a unit of local or state government, or by a nonprofit organiza- tion. (4) "Schools" means public and private schools, but does not include home -based instruction as defined in RCW 28A.225.010. (5) "Covered offender" means a person required to register under RCW 9A.44.130 who is eighteen years of age or older, who is not under the jurisdiction of the juvenile rehabilitation authority or currently serving a special sex offender disposition alternative, whose risk level classification has been assessed at a risk level II or a risk level III pursuant to RCW 72.09.345, and who, at any time, has been convicted of one or more of the following offenses: (a) Rape of a child in the first, second, and third degree; child molestation in the first, second, and third degree; indecent liberties against a child under age fifteen; sexual misconduct with a minor in the first and second de- gree; incest in the first and second degree; luring with sexual motivation; possession of depictions of minors en- gaged in sexually explicit conduct; dealing in depictions of minors engaged in sexually explicit conduct; bring- ing into the state depictions of minors engaged in sexually explicit conduct; sexual exploitation of a minor; com- municating with a minor for immoral purposes; *patronizing a juvenile prostitute; (b) Any felony in effect at any time prior to March 20, 2006, that is comparable to an offense listed in (a) of this subsection, including, but not limited to, statutory rape in the first and second degrees [degree] and carnal know- ledge; © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. http: / /web2.westlaw. com/print /printstream. aspx ?sv = Split &prft= HTMLE &mt = Washington... 3/30/2011 Page 3 of 6 West's RCWA 9A.44.190 Page 2 • (c) Any felony offense for which: (i) There was a finding that the offense was committed with sexual motivation; and (ii) The victim of the offense was less than sixteen years of age at the time of the offense; (d) An attempt, conspiracy, or solicitation to commit any of the offenses listed in (a) through (c) of this subsec- tion; (e) Any conviction from any other jurisdiction which is comparable to any of the offenses listed in (a) through (d) of this subsection. CREDIT(S) [2006 c 126 § 4, eff. March 20, 2006; 2006 c 125 § 2, eff. March 20, 2006.] Current with 2011 Legislation effective through March 20, 2011. (C) 2011 Thomson Reuters. • END OF DOCUMENT © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. http: / /web2.westlaw.com/ print /printstream. aspx ?sv= Split &prft= HTMLE &mt= Washington... 3/30/2011 Page 4 of 6 W West's RCWA 9A.44.193 Page 1 • P West's Revised Code of Washington Annotated Currentness Title 9A. Washington Criminal Code (Refs & Annos) cm Chapter 9A.44. Sex Offenses (Refs & Annos) • 9A.44.193. Criminal trespass against children -- Covered entities (1) An owner, manager, or operator of a covered entity may order a covered offender from the legal premises of a covered entity as provided under this section. To do this, the owner, manager, or operator of a covered entity must first provide the covered offender, or cause the covered offender to be provided, personal service of a writ- ten notice that informs the covered offender that: (a) The covered offender must leave the legal premises of the covered entity and may not return without the written permission of the covered entity; and (b) If the covered offender refuses to leave the legal premises of the covered entity, or thereafter returns and enters within the legal premises of the covered entity without written permission, the offender may be charged and prosecuted for a felony offense as provided in RCW 9A.44.196. (2) A covered entity may give written permission of entry and use to a covered offender to enter and remain on • the legal premises of the covered entity at particular times and for lawful purposes, including, but not limited to, conducting business, voting, or participating in educational or recreational activities. Any written permission of entry and use of the legal premises of a covered entity must be clearly stated in a written document and must be personally served on the covered offender. If the covered offender violates the conditions of entry and use con- tained in a written document personally served on the offender by the covered entity, the covered offender may be charged and prosecuted for a felony offense as provided in RCW 9A.44.196. (3) An owner, employee, or agent of a covered entity shall be immune from civil liability for damages arising from excluding or failing to exclude a covered offender from a covered entity or from imposing or failing to im- pose conditions of entry and use on a covered offender. (4) A person provided with written notice from a covered entity under this section may file a petition with the district court alleging that he or she does not meet the definition of "covered offender" in RCW 9A.44.190. The district court must conduct a hearing on the petition within thirty days of the petition being filed. In the hearing on the petition, the person has the burden of proving that he or she is not a covered offender. If the court finds, by a preponderance of the evidence, that the person is not a covered offender, the court shall order the covered entity to rescind the written notice and shall order the covered entity to pay the person's costs and reasonable at- tomeys' fees. © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. http: / /web2.westlaw.com/ print /printstream.aspx ?sv= Split &pi ft— HTMLE &mt = Washington... 3/30/2011 Page 5 of 6 West's RCWA 9A.44.193 Page 2 • CREDIT(S) [2006 c 126 § 5, eff. March 20, 2006; 2006 c 125 § 3, eff March 20, 2006.] Current with 2011 Legislation effective through March 20, 2011. (C) 2011 Thomson Reuters. • END OF DOCUMENT 411 • © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. http: / /web2.w estl aw. com/ print /printstream. aspx? sv= Split &prft= HTMLE &mt = Washington..: 3/30/2011 Page 6 of 6 Westlaw, West's RCWA 9A.44.196 Page 1 West's Revised Code of Washington Annotated Currentness Title 9A. Washington Criminal Code (Refs & Annos) 'i Chapter 9A.44. Sex Offenses (Refs & Annos) 9A.44.196. Criminal trespass against children (1) A person is guilty of the crime of criminal trespass against children if he or she: (a) Is a covered offender as defined in RCW 9A.44.190; and (b)(i) Is personally served with written notice complying with the requirements of RCW 9A.44.193 that excludes the covered offender from the legal premises of the covered entity and remains upon or reenters the legal premises of the covered entity; or _. (ii) Is personally served with written notice complying with the requirements of RCW 9A.44.193 that imposes conditions of entry and use on the covered offender and violates the conditions of entry and use. (2) Criminal trespass against children is a class C felony. • CREDIT(S) [2006 c 126 § 6, eff. March 20, 2006; 2006 c 125 § 4, eff. March 20, 2006.] Current with 2011 Legislation effective through March 20, 2011. (C) 2011 Thomson Reuters. END OF DOCUMENT © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. • http:// web2. westlaw .com/print/printstream.aspx ?sv= Split &pi ft— HTMLE &mt = Washington... 3/30/2011' Yakima Herald- Republic Online - Printer Friendly 3/18/11 10:12 AM From the Yakima Herald - Republic Online News. • ted on Wednesday, March 09, 2011 - - -_- - -� — - -- - -___ • How officials can stop sex crimes before they occur • Yakima Herald- Republic This editorial appears in the March 10, 2011, Yakima Herald - Republic. Going on five years now, Washington state has offered a tool that would separate convicted high -risk sex offenders from prospective young victims. It's time to put that tool to use. The Legislature-in 2006 approved measures. that allow cities and other organizations that include schools, libraries and child -care centers to ban high -risk sex offenders from public and private facilities.like pools, parks and playgrounds. The legislation includes private schools but not home schools. It applies to moderate -risk Level and high -risk Level 3 sex offenders whose crimes involved children: Yakima police say, the law would apply „to about half of the 59 moderate -risk and 31 high -risk offenders in the city. It was a Level 3 offender who, inadvertently, got a "conversation going about using the law. a Yakima City Council meeting December, supporters of Lions Pool gathered to protest a rumored ure of the facility. A man who was identified as high- risksex*offender was part of that crowd, and o icials quickly confirmed that he visited the pool regularly. The man was served with a trespass notice, which barred him from the pool unless he could obtain a court order on appeal. • News of that got the City Council's Public Safety Committee studying whether the trespassing law should apply to all sex offenders. The problem is there is little precedent to study; no community in the state has taken such a blanket pre - emptive action. It's time to look at such a pre - emption. The difficulty may lie in the details, which is for the members of the Public Safety Committee to determine. Some mechanisms already are in place; sex offenders covered by the law already have to register in their communities, and law enforcement can inform schools, child -care centers and other organizations that serve women and children about sex offenders living nearby. The names of all Level 2 and Level 3 offenders are available online. There also may be a possibility of technologies such as GPS being used to track convicted offenders. Prospects are good that, eventually, an incident will occur, and the resulting outcry would demand action. Cities and counties would do well to study these actions to avert another child being victimized -- and also . avert a wrenching community backlash. . • * Members of the Yakima Herald - Republic editorial board are Sharon J. Prill, Bob Crider, Frank Purdy and Karen Troianello. 0 http: / /www.yakima herald.com/ stories / 2011/3/9/ how - officials- can - stop- sex - crimes- before - they- occur /print • Page 1 of 1 • • • • How do I know if a person is a What can if I do if I know a level II or III What kinds of sex offenders can be asked to leave the premises? convicted sex offender? sex offender is hanging around children This law applies to level II or III offenders • Sexual exploitation of a minor Residents of Spokane can look up reg- the facility where I work? who are over 18 and who have been • Communicating with a minor for istered sex offenders on the Spokane SB 6775 says employees, owners or agents convicted of one of the following crimes: immoral purposes County Sheriffs Office Web site at: of public or private facilities, used primer- • Rape of a child in the first, second or • Patronizing a juvenile prostitute http: / /scso.spokanesheriff.org. At this ily to educate, care for or provide recreation third degree I • Any felonies similar to those listed site, you can review a list of level III sex opportunities to children may order certain, • Child molestation in the first, second or above offenders and kidnappers, their photos, high -risk sex offenders to leave the prem- third degree I • Any other felony with sexual age and approximate address. If you live ises. Facility personnel must provide offend- • Indecent liberties against a child under 15 motivation if the victim was under 16 with t inkane caty lutists, u can type ers with written notice that they must leave • Sexual misconduct with a minor in the at the time of the offense :,i . - ' ' t ' >s }' !z . ;�s - N. ,, ! : _. „ 4,1 , -1,-__L , ^ ' „�'- , ,:-^w : .;cer•° _mla o -.adrs ,.'- ,; a sn ^`h , . , ' ..,, the u i Y - - ` •. ' ;. : � F . : . .k . 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' a . ?- ,._.a14r.. ?r- iz ks 447- ' x.. ; . r , , . - ii,rv - , ., ,:. 4 •Y .. , � A41,.;;, #r' .,:' � ,; ...... ... �._,,,, ',1, "'R _ °F ,- :y �.� M � ^ x"', ,, ., . r: . ' _ 'tt 5 s't: '' ,_? What kinds of facilities are covered by What if I don't know that a person is What happens if the offender wont leave How can I make sure parents don't this new law? eligible to be removed from the premises or if he or she comes back? fall under a false sense of security? This law covers any public or private and he or she commits another offense Offenders who receive written notice to Parents should always be reminded that facility whose primary purpose, at any against one of the children at my facility? leave and remain on the prem ices or return the safety of their children is ultimately time, is to provide for the education, The law does not hold a facility civilly liable to the facility at a later date are guilty of a their responsibility. Parents should know care or recreation of children, includ- for failing to eject a covered offender from class C felony known as `Criminal Trespass they can alert the facility if they are aware ing community and recreation centers, the facility. Against Children." Those offenders can re- a covered offender in lingering where he playgrounds, schools, swimming pools ceive up to a year in jail and a $io,000 fine or she should not be. Keeping kids and and state or municipal parks. communities safe is a team effort. 1 the Message from AG Rob McKenna: L � • 4 -- ii ' Washington has some of the strongest sex offender registration ■m and community notification laws in the United States. Our "Two nn : V U T �, , Strikes, You're Out" law targets serious sex offenders with < mandatory life sentences upon a second conviction. As of - L January 2006, there were 18,963 total registered sex and s . " � � f s kidnapping offenders in Washington. 4,t', ', ' ,14 :,: 'd Our state was also the first state in the nation to implement involuntary civil commitment for the most dangerous sexual *� predators. Under Washington law, once a sex offender is ,$ �` r - ' convicted, the offender is sentenced to a minimum sentence in prison. If, at the end of that term, the Parole Board finds that the offender is more likely than not to sexually reoffend if released, the offender can continue to be held in prison. In fact, that offender will be held s , until such time as the Parole Board finds that he or she is not likely to sexually reoffend upon - __ release. That means some of our worst offenders can be held up to life in prison. There are ;` now roughly 220 offenders at the Special Commitment Center on McNeil Island. Even with these tough laws, there has been room for improvement. That's what I learned - 't: w hen my local parks director told me he had no way to prevent a convicted sex offender from ,q, _' 3 hanging out with the children in the locker room of the local pool and no right to ask a . convicted sex offender not to play pool with children at the local recreation center. F Working with my office's Sexually Violent Predator Unit, victims' advocates, law h + enforcement and prosecutors, I requested the Legislature pass a bill drafted by my office to give employees at public and private facilities where children congregate the authority to tell k convicted child sex offenders to stay away from areas where children are. 'yl. This unique approach is the first law of its kind in the nation and it will help keep our communities safer against known sex predators. Sincerely, It - offiee Attu rnec " Gen cro�l Keep ch safe i IAA •,� 9.• Rob McKenna oUr communities /� 1Wei "ot �' � r u2g Washington Street Si � 4 zo ' 4 Olympia, WA 98504 -n .n ;60- ^ ; ;3 - 6200 Attorney How new laws vigilant e � � an vigllan r1S itA .■cm atg.na.goi parents can help Ill • •