Washington Code 9A.44.141 – Investigation — End of duty to register — Removal from registry — Civil liability
Current as of: 2023 | Check for updates
|
Other versions
(1) Upon the request of a person who is listed in the Washington state patrol central registry of sex offenders and kidnapping offenders, the county sheriff shall investigate whether a person’s duty to register has ended by operation of law pursuant to RCW 9A.44.140.
Terms Used In Washington Code 9A.44.141
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(a) Using available records, the county sheriff shall verify that the offender has spent the requisite time in the community and has not been convicted of a disqualifying offense.
(b) If the county sheriff determines the person’s duty to register has ended by operation of law, the county sheriff shall request the Washington state patrol remove the person’s name from the central registry.
(2) Nothing in this subsection prevents a county sheriff from investigating, upon his or her own initiative, whether a person’s duty to register has ended by operation of law pursuant to RCW 9A.44.140.
(3)(a) A person who is listed in the central registry as the result of a federal, tribal, or out-of-state conviction may request the county sheriff to investigate whether the person should be removed from the registry if:
(i) A court or other administrative authority in the person’s state of conviction has made an individualized determination that the person is not required to register; and
(ii) The person provides proof of relief from registration to the county sheriff.
(b) If the county sheriff determines the person has been relieved of the duty to register in his or her state of conviction, the county sheriff shall request the Washington state patrol remove the person’s name from the central registry.
(4) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470, or units of local government and its employees, as provided in RCW 36.28A.010, are immune from civil liability for damages for removing or requesting the removal of a person from the central registry of sex offenders and kidnapping offenders or the failure to remove or request removal of a person within the time frames provided in RCW 9A.44.140.
NOTES:
Application—2010 c 267: See note following RCW 9A.44.128.