HB 1394, effective July 23, 2023, seeks to make juvenile sex offender registration fairer and more developmentally appropriate for youth. This was a partisan bill passing along party lines, and not entirely favored by the law enforcement community. One feature of the bill was that, by November 2023, there would be a substantial reduction in the number of those required to register. Before HB 1394, juveniles convicted of sex offenses were treated the same as adults and required to register as sex offenders for the same amount of time, which would conceivably be indefinitely. The legislature recognized the need for juveniles to be protected from online internet predators (registration information can be found online) and the resulting registration often meant juveniles were forced into homelessness.
In addition to relief from registration in many circumstances the legislation attempted to provide more funding for juvenile offenders treatment through the Department of Health.
HB 1394 requires registration for juveniles end after two or three years from the juvenile disposition date or release from detention, whichever occurs later in time. No petitioning of the Court, as was previously the case, is now required. The law is retroactively applied, so that anyone who had a sex offense committed when a juvenile – even if charged when an adult – may qualify. See, https://app.leg.wa.gov/rcw/default.aspx?cite=9a.44.130.
The offenses requiring juvenile registration has also changed. Registration is required for:
(b) Any person who is not an adult residing whether or not the person has a fixed residence, or who is a student, is employed, or carries on a vocation in this state shall register with the county sheriff for the county of the person’s residence, or if the person is not a resident of Washington, the county of the person’s school, or place of employment or vocation, or as otherwise specified in this section if the person:
(i) Committed a class A or class B sex offense when the person was age 16 or 17 and did not receive a special sex offender disposition alternative under RCW 13.40.162;
(ii) Committed rape in the first degree when the person was age 14 or 15;
(iii) Committed rape in the second degree when the person was age 14 or 15 and the person did not receive a special sex offender disposition alternative under RCW 13.40.162;
(iv) Committed a sex offense and, on the offense date, the juvenile had a prior conviction for a sex offense as defined in RCW 9A.44.128 or had a deferred disposition for a sex offense pursuant to RCW 13.40.127;
(v) Has a special sex offender disposition alternative under RCW 13.40.162 revoked for:
(A) A class A or class B sex offense that was committed when the person was age 16 or 17; or
(B) A rape in the second degree offense that was committed when the person was age 14 or 15;
(vi) Has an out-of-state, tribal, or federal conviction for a sex offense;
(vii) Committed a kidnapping offense; or
(viii) Is found by the court based on clear, cogent, and convincing evidence to:
(A) Be age 14 through 17 on the offense date;
(B) Not have received a special sex offender disposition alternative under RCW 13.40.162 for the offense triggering possible registration or have had a special sex offender disposition alternative under RCW 13.40.162 revoked for that offense;
(C) Have been adjudicated of multiple sex offenses involving two or more distinct victims in separate counts or separate causes;
(D) Present a serious threat to public safety after the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition; and
(E) Require registration in order to lessen the serious threat to public safety.
For other juvenile sex offenses not mentioned that were previously required to register, registration is extinguished and law enforcement agencies must remove the juvenile from their registry and notify the juvenile they have been removed. Once this occurs, the juvenile may be eligible to have their case sealed. For those who are affected by the above, sealing should be immediately undertaken, as sealing has enormous positive consequences in many different areas, such as employment, college admissions, and residential/apartment applications. Contacting classification officers at local police departments may be helpful in confirming whether registration is no longer required, as the potential administration burden on local police agencies may be overwhelming (i.e., a notice letter may not immediately be issued).