9.94A.844  <<  9.94A.8445 >>   9.94A.846

RCW 9.94A.8445

Community protection zones—Preemption of local regulations—Retrospective application.

(1) Sections 1 through 3 and 5 of chapter 436, Laws of 2005, supersede and preempt all rules, regulations, codes, statutes, or ordinances of all cities, counties, municipalities, and local agencies regarding the same subject matter. The state preemption created in this section applies to all rules, regulations, codes, statutes, and ordinances pertaining to residency restrictions for persons convicted of any sex offense at any time.
(2) This section does not apply to rules, regulations, codes, statutes, or ordinances adopted by cities, counties, municipalities, or local agencies prior to March 1, 2006, except as required by an order issued by a court of competent jurisdiction pursuant to litigation regarding the rules, regulations, codes, statutes, or ordinances.
NOTES:
Contingent expiration date2006 c 131 § 1: "(1) If the association of Washington cities submits consensus statewide standards to the governor and the legislature on or before December 31, 2007, section 1 of this act expires July 1, 2008, and may only be revived by an affirmative act of the legislature through duly enacted legislation.
(2) If the association of Washington cities does not submit consensus statewide standards to the governor and legislature on or before December 31, 2007, section 1 of this act does not expire." [ 2006 c 131 § 4.]
Reviser's note: No consensus statewide standards on sex offender residency restrictions were delivered to the governor on or before December 31, 2007.
Residency restrictions on sex offendersStatewide standards2006 c 131: "(1) The association of Washington cities, working with the cities and towns of Washington state, shall develop statewide standards for cities and towns to use when determining whether to impose residency restrictions on sex offenders within their jurisdiction.
(2) The association of Washington cities shall work in consultation with a representative from each of the following agencies and organizations:
(a) The attorney general of Washington;
(b) The Washington state association of counties;
(c) The department of corrections;
(d) The Washington state coalition of sexual assault programs;
(e) The Washington association of sheriffs and police chiefs; and
(f) Any other agencies and organizations as deemed appropriate by the association of Washington cities, such as the Washington association of prosecuting attorneys, the juvenile rehabilitation administration of the department of social and health services, the indeterminate sentence review board, the Washington association for the treatment of sexual abusers, and the *department of community, trade, and economic development.
(3) The statewide standards for whether to impose residency restrictions on sex offenders should consider the following elements:
(a) An identification of areas in which sex offenders should not reside due to concerns regarding public safety and welfare;
(b) An identification of areas in which sex offenders may reside, taking into consideration factors such as:
(i) How many housing units must reasonably be available in order to accommodate registered sex offenders in a city or town;
(ii) The average response time of emergency services to the areas;
(iii) The proximity of risk potential activities to the areas; and
(iv) The proximity of medical care, mental health care providers, and sex offender treatment providers to the areas;
(c) A prohibition against completely precluding sex offender residences within a city or town, implicating a sex offender's right to travel, or enacting a criminal regulatory measure;
(d) Appropriate civil remedies for violations of a local ordinance; and
(e) Unique local conditions that should be given due deference, such as proximity to state facilities that house or treat sex offenders.
(4) The association of Washington cities, on behalf of the cities and towns in Washington, shall present consensus statewide standards, along with any consensus recommendations and proposed legislation, to the governor and the legislature no later than December 31, 2007. The standards and any recommendations or proposed legislation must reflect a consensus among the association of Washington cities and the entities in subsection (2)(a) through (e) of this section. These entities must participate in good faith in activities carried out under this section with a goal of achieving consensus standards." [ 2006 c 131 § 3.]
*Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
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