Model Guide to Community Notification

Model Guide to

Community

Notification

NOTIFICATION PROCEDURES

STEP 1—ASSESSING RISK AND NOTIFICATION LEVEL

(1) Review the risk level assessment documents on an individual sex

offender received from DOC or the DSHS on behalf of the ESRC.

(2) Assign the risk level provided by the ESRC. If a different level is assigned,

complete the required law enforcement Departure Notice.

(3) For sex offenders not released from DOC or DSHS law enforcement must

complete the risk assessment tool. This might include SSOSA, out of state

offenders, and offenders sentenced to jail time.

STEP 2—DETERMINING THE SCOPE OF NOTIFICATION

(1) Determine the “scope of the danger” this offender poses to your

community. This determination is based on the offender level, age of victim,

primary areas where the offender might be found, and other potential risk

factors.

(2) Determine the geographic “scope of dissemination”. This is a local

determination of the primary area to receive notification. The review should

identify schools, child care centers, vulnerable adult care centers, libraries,

and other places that attract or cater to children that are in the neighborhood

of the offender’s residence, the area around the employment site and other

sites the offender might be found.

STEP 3—CREATING LEVEL II AND LEVEL III COMMUNITY NOTIFICATION

BULLETINS

State bulletins and/or correspondence issued to law enforcement by the

Department of Corrections, Juvenile Rehabilitation Authority, or the Department of

Social and Health Services is for law enforcement use only and are not to be posted

in the community or distributed to the public. Some of the information may be

used in drafting your own sex offender information bulletin. It is recommended that

agencies use Offender Watch to create these bulletins to ensure consistency and

accuracy. (See example Appendix II).

Offender notification flyers and postcards generally contain offender specific

information including the offender’s photo and approximate residence address. It

should also contain community resource information and contact phone numbers.

The flyer may be distributed as the only source of notification or may be distributed

at community meetings. It is not appropriate to release this type of flyer to school

districts for student distribution to parents.

Note: It is important to avoid further harm to victims that may result from the

inadvertent identification of the victim in the community notification process. Since

victims are often members of the offender’s family, it is advisable, when describing

the offender’s criminal behavior in any level II or III community notification

document, to refrain from stating the specific relationship between the offender and

the victim. Instead a more general descriptor, such as “relative,” together with

relevant victim gender and age range information should be used.

Graphic details of the crime are to be avoided.

STEP 4—DISTRIBUTION OF COMMUNITY NOTIFICATION BULLETINS

The focus of community notification must rationally relate to the goals of enhanced

public safety and the effective operation of government. Evaluating what is relevant

and necessary information for community notification should include the level of

risk of the offender; the location where the offender resides, expects to reside, or is

regularly found; and the needs of affected community members to enhance their

individual and collective safety. RCW 4.24.550(2).

“Accordingly, the geographic scope of dissemination must rationally relate to the

threat posed by the registered offender. Depending on the particular methods of an

offender, an agency might decide to limit disclosure only to the surrounding

neighborhood, or to schools and day care centers, or, in cases of immediate or

imminent risk or harm, the public at large. The scope of disclosure must relate to

the scope of the danger.” State v. Ward 123 Wn2d at 503-504 (Washington State

Supreme Court – 1994)

(a) Persons to be notified within a geographical area

(1) Level I sex offender: Agencies must notify school districts and

school principals if the offender is, or will be, attending their school;

they are required to share information with other appropriate law

enforcement agencies; they may disclose information upon request to

any victim or witness to the offense and any individual community

member who lives near the offender’s residence or where the

offender expects to reside or is regularly found. RCW 9A.44.130, RCW

4.24.550(3)

(2) Level II sex offender: follow level I guidelines PLUS the agency is

authorized to release relevant, necessary, and accurate information to

public and private schools, child day care centers, family day care

providers, libraries, businesses and organizations that serve primarily

children, women or vulnerable adults, and neighbors and community

groups near the residence where the offender resides, expects to

reside or is regularly found. RCW 4.24.550(3) Level II information is

posted on the public registered sex offender website.

(3) Level III sex offender: follow level II notification guidelines PLUS

the agency is authorized to release relevant, necessary, and accurate

information to the public at large including publishing in at least one

legal newspaper with general circulation in the area of the sex

offender’s registered address or location; updating the public

registered sex offender website whenever there is a change in

information. RCW 4.24.550(4)

(4) Homeless and transient offenders: because more localized

notification is not feasible and homeless and transient offenders may

present unique risks to the community, the agency may also disclose

relevant, necessary, and accurate information to the public at large for

offenders registered as homeless or transient. This is usually done by

posting the information on the public registered sex offender website.

RCW 4.24.550(4)

(b) Public and Private Schools

• Sex offenders residing in school district boundaries: Law

enforcement, school districts and school principals should develop

written protocols to ensure school and community safety. These

protocols should include:

o Understanding that community notification is the

responsibility of law enforcement.

o Plan for distribution of community notification bulletins

within their respective schools when a registered level II or

level III sex offender moves into an area near a school.

Community notification bulletins on adult and juvenile

registered sex offenders should not be sent to parents

through their elementary school age children.

o Plan for community notification when the registered sex

offender is a student at a school that ensures school and

community safety while respecting the privacy and

educational rights of juvenile offenders.

o Procedures to provide information to organizations that

may use school space after school hours.

o Protocols that discourage secondary dissemination of

notifications, i.e. teachers sharing the information in

classrooms.

o Information directing parents requesting copies of

community notification bulletins to contact local law

enforcement and/or check the Washington Sex Offender

website.

• Juvenile sex offender attending school:

o Law enforcement is required to promptly notify the school

district and the principal or department of public safety

when a student required to register as a level I, II or III sex

offender is enrolling in or is attending their school. The

information given must include: name, complete residence

address, date and place of birth, place of employment,

crime for which convicted, date and place of conviction,

aliases used, social security number, photograph and risk

level. If the person does not have a fixed residence, the

information must include where the offender plans to stay.

RCW 9A.44.130.

o In addition, the sheriff shall notify the applicable school

district and school principal or institution's department of

public safety whenever a student's risk level classification

is changed or the sheriff is notified of a change in the

student's address.

o The principal will then disclose the information received

from the sheriff under the guidelines established by the

Superintendent of Public Instruction.

o Students who are registered sex offenders are required by

law to notify law enforcement within three (3) business

days prior to arriving at the school to attend classes.

Students who meet the registration requirements who are

already attending school must notify law enforcement

immediately. Juvenile sex offenders may NOT attend a

public or private school attended by the victim or the

victim’s siblings. RCW 13.40.160

Mail, e-mail, fax or hand deliver bulletins to child care centers and

family day care providers that fall within the geographical scope of

dissemination. Using the Offender Watch special recipient list to send

an e-mail will simplify this requirement. To obtain contact

information for licensed child care facilities, contact your local

member agency of the Washington State Child Care Resource and

Referral Network at 1-800-446-1114 or www.childcarenet.org. The

local R&R program can provide a list of licensed child care facilities

based on a specified distance from a given address. The list will

include the facility’s business name, a contact name, the facility’s

physical address, a mailing address (if different) and a telephone

number.

DSHS licensed adult facilities can be searched by zip code at the

following links:

Adult Family Homes –

www.aasa.dshs.wa.gov/lookup/AFHRequestv2.asp

Boarding Homes – www.aasa.dshs.wa.gov/lookup/BHRequestv2.asp

Nursing Homes –

www.aasa.dshs.wa.gov/Professional/NFDir/directory.asp

Child care and adult care providers are charged with the safety of the

children and clients in their care so need to be made aware of

potential safety concerns. In addition, they can provide a community

notification bulletin to parents or guardians when they arrive to pick

up their family member.

(d) Public Libraries and businesses and organizations that serve

primarily children, women, or vulnerable adults

When possible, use Offender Watch special recipient lists, e-mail lists

and/or broadcast FAX for notifications to care centers, libraries,

businesses and organizations for greater efficiency and speed.

(e) Neighbors and community groups near the residence where the

offender resides, expects to reside or is regularly found

Community notification forums and/or distribution of notification

flyers or postcards are the two primary means of notifying community

residents. An active block watch or volunteer program through a

department will assist in this task. Community notification bulletins

and safety literature can be sent directly to block watch captains or

police department volunteers to distribute to residents in the

identified area. Don’t overlook apartment or homeowner associations,

especially if there are large apartment complexes or developments in

the jurisdiction. In rural jurisdictions, the local Grange may assist in

getting the bulletins distributed. Notification postcards can be mailed

directly through Offender Watch.

(f) Other law enforcement agencies

Any time a notification is created, automatically send a copy of the

bulletin to other law enforcement agencies in the jurisdiction and

neighboring jurisdictions. This can be done through Offender Watch.

When the offender moves, the sheriff’s office of the county of

residency enters the information into Offender Watch which then

notifies the new county agency.

All registered sex offenders are to be entered into Offender Watch

database maintained by the Washington Association of Sheriffs and

Police Chiefs. The database will be used to populate the public

registered sex offender website which shall post all level II, level III,

out-of-compliance level I registered sex offenders and kidnapping

offenders in the state of Washington. The website shall contain, but

not be limited to, the registered sex offender’s name, relevant criminal

convictions, address by hundred block, physical description, and

photograph. The website shall provide mapping capabilities that

display the sex offender’s address by hundred block on a map. The

website shall allow citizens to search for registered sex offenders

within the state of Washington by county, city, zip code, last name,

and address by hundred block. RCW 4.24.550(5).

STEP 5—SEX OFFENDER COMMUNITY NOTIFICATION FORUMS

One of the most important benefits of community notification is that it provides a

vehicle for educating the community regarding sex offenders in general. Protecting

children and adults in the community is a much larger task than just knowing the

location of registered sex offenders. Community notification meetings provide an

opportunity for law enforcement and community stakeholders to partner with

private citizens to address public safety.

Few would question the need for sex offenders to be held accountable for their

actions. Yet we must insure that sex offender registration and community

notification is not used as additional punishment. It is, and is meant to be,

regulatory. Fair, responsible, and non-inflammatory community notification is a

reasonable consequence to the acts of the offender. Furthermore, it allows citizens

to take prudent and rational steps to protect themselves, their children, and their

community from the sex offenders they know about as well as those they do not.

Best practice has been identified as a community notification meeting which meet

state and federal community protection laws, focuses on community safety issues

and universal precautions AND provides offender specific information. Recognizing

it is not possible to conduct a meeting every time an offender is released or

relocates, law enforcement is encouraged to host meetings on a regular basis. Copies

of offender information flyers identifying those currently residing or frequenting

that geographical area should be available at any meetings held.

Community Notification Team

Community notification of an offender's release or relocation should be based

on primary principles: offender containment, community education,

empowerment, and involvement. Best practice for community forums is

community collaboration to include law enforcement, the Department of

Corrections, Department of Social and Health Services, victim service providers,

advocacy groups, and school district personnel.

Once a Community Notification Team is established the same individuals should

participate each time allowing the members to develop experience and comfort in

conducting meetings. Prior to any meeting, agreement needs to be made as to roles

and responsibilities of all participants. The roles of the various participants might

be:

(a) County Sheriff and or local law enforcement: Convene or arrange with

a designee to convene the meeting. Provide information about the

history and social responsibility of sex offender registration and

supervision. Provide local contact information for prevention

education, victim services, and questions and concerns. Provide

information regarding how the offender, or offenders in general, will

be managed.

Victim Service Providers: Provide safety, prevention, and community

empowerment information.

(b) DOC/DSHS/JRA: Provide specific supervision information regarding

the offender(s) who have been released and general information on

the role of DOC/DSHS/JRA in supervising offenders in the community,

if applicable to the meeting.

regarding the school’s response if the offender is or will be attending

school.

(d) Others: Based on the risks the offender presents you may also want to

consider including representatives to provide general information

about sex offender treatment, mental health issues, domestic violence,

or faith community involvement.

Planning a Community Notification Forum

(a) Determine the date and time of the event. Weekday evenings are

usually best. Start and end on time.

(b) Arrange for an accessible meeting location and any necessary

equipment. School auditoriums, churches, and community halls work

well, as do grange halls in the rural areas.

geographical mailing, in person neighborhood canvassing, or sent

home from school via a parent newsletter get the word out. Offender

Watch generated postcards or agency created flyers may be used to

inform the public of an upcoming sex offender information meeting.

This announcement should not include offender specific information

and should be suitable for distribution by students to take home to

parents. The announcement should state that the meeting content is

not suitable for children and parents are requested to make child care

arrangements

(d) On the day of the meeting arrive early at the facility to check seating

and equipment and set up a resource table. Handouts enable citizens

to reference the information you are presenting and are useful when

covering key points of information with their children. Whenever

possible include information in languages representing the

community population.

Conducting a Sex Offender Community Notification Forum Outline, a guideline

from the Center for Sex Offender Management

• Welcome the attendees, introduce the Community Notification Team

members and their roles, and the review the purpose of meeting.

• Inform the audience about Washington State’s sex offender

registration and state and federal community notification and

protection laws.

• Provide information about the sex offender or offenders who are the

subject of this particular community forum. This will usually include

the information published in the notification flyer.

• Present information about local supervision and treatment efforts to

safely manage registered sex offenders in the area. Consider including

statistics and percentages of level II and level III offenders. Provide a

brief description of specific efforts to safely manage a particular

offender emphasizing supervision and special conditions.

• Explain the restriction for juvenile offenders to attend a school where

the victim or victim’s siblings are attending, if applicable.

• Explain that stability is a key ingredient to prevent reoffending.

Include the consequences of abuse of the law by intimidating,

harassing or threatening an offender.

• Acknowledge the audience’s interest in their own safety, the safety of

their children, and the safety of their neighborhoods.

• Provide contact information including the local sexual assault

program for personal safety and child safety education, local law

enforcement, and the Offender Watch website.

Example community notification educational materials including a

PowerPoint presentation are found in the WASPC Sex Offender Information

and Notification Resource Center Website.

Protecting Victim Identification

It is important to avoid further injury to victims that may result from the

inadvertent identification of the victim in the community notification process. Since

victims are often members of the offender’s family it is advisable, when describing

the offender’s criminal behavior in any level II or III community notification

document or forum, to refrain from stating the specific relationship between the

offender and the victim. A more general descriptor such as “relative,” together with

relevant victim gender and age range information, should be used. Graphic details of

the crime should be avoided.

Additional notifications

Local law enforcement should take risk factors into consideration when

determining if additional notifications beyond the legislated mandate should be

made. These might include a registered sex offender becoming transient, a radical

change in appearance, a change in the offender’s name, or a change in conditions.

Real Estate Agent requirements

Buyer agents are “to advise the buyer to seek expert advice on matters relating to

the transaction that are beyond the agent’s expertise” RCW 18.86.050.

This has been further clarified in the seller disclosure statement as “Agents are not

experts on the locations of sex offenders. Buyer’s Agents are to instruct their client

that information regarding sex offenders may be obtained from local law

enforcement agencies.”

SEX OFFENDER MONITORING

County sheriffs refer to the Washington State Patrol’s Sex/Kidnapping

Offender Registration Guideline Manual. The guideline is available in hard

copy from the Washington State Patrol, Identification and Criminal History

Section, PO Box 42633, Olympia, WA 98504-2633, (360)-705-5100 or on line

through WATCH.

Reporting Requirements

Law Enforcement shall make reasonable attempts to verify that an offender is living

at the registered address including verifying an offender’s address following the

address verification program grant requirements. If the sheriff or police chief or

town marshal does not participate in the grant program, reasonable attempts

require a yearly mailing by certified mail with return receipt requested, a non-

forwardable verification form to the offender at the offender’s last registered

address sent by the chief law enforcement officer of the jurisdiction where the

offender is registered to live. For offenders who are designated as sexually violent

predators, the mailing must be sent every 90 days. (RCW 9A.44.130) Sheriffs and

chiefs may enter into agreements to delegate the authority and obligation to fulfill

the minimum address verification requirements.

Registered sex and kidnapping offenders with fixed residences

Law Enforcement is required by the address verification grant program to conduct

face-to-face address verification once a year for level I registered sex and

kidnapping offenders, semi-annually for level II offenders and quarterly for level III

offenders.

Homeless offenders

• All homeless sex offenders, regardless of level, must report in person to the

sheriff of the county where he or she is registered. The person must keep an

accurate accounting of where he or she stays during the week and provide it

to the county sheriff upon request.

• Must report during business hours on a day set by the sheriff’s office

• Lack of a fixed residence may be a factor considered in determining an

offender’s risk level and subject to community notification procedures

Photos

• Photos may be taken at any time to update an offender’s file especially when

there is a change in address if there has been a substantial change in

appearance.

NOTIFICATION CHECKLIST

Daily as Needed:

Receive state bulletin from DOC, DSHS, or JRA

Review offender risk level or complete risk level assessment for those not

releasing from DOC or DSHS.

Assign offender risk level provided or reassign level and complete the required

Departure Notice then forward as required

Determine Scope of Danger (Level I, II, or III)

Determine scope of dissemination and provide required dissemination:

Dissemination Required

Level

III

Other Law Enforcement Agencies

Principals and School Districts (if there is a juvenile offender

in their school)

Sexual and Kidnapping Offender notebook located in agency

and available for public review upon request

Victims and witnesses upon request

Individual Community members living near an offenders

residence, where the offender expects to reside or is

regularly found, upon request

Schools

Child care centers and family day care providers

Libraries

Businesses and organizations serving primarily children,

women and/or vulnerable adults

Neighbors and community groups near the residence where

the offender resides expects to reside or is regularly found

Public at Large

Daily:

Update publicly accessible website using Offender Watch.

Every 90-Days:

Level III offenders: face-to-face address verification.

Consider these items in determining the need to distribute another notification

bulletin:

(a) offender becomes transient; (b) change in address; (c) radical change in

offender’s appearance; (d) change offender’s name; and (e) change in

conditions of registration.

Every 6 Months:

Level II offenders: face-to-face address verification.

Yearly:

Level I offenders: face-to-face address verification.