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The Community Protection Act:
The Cowlitz County Sheriff's Office considers the protection of the community from sex
offenders to be of significant importance. The objective of the 1990 Community Protection
Act is to provide adequate notice to the community concerning sex offenders who are, or
will be residing in the community; and to assist community members in developing
constructive plans to prepare themselves and their children for residing near released sex
offenders.
(RCW 9A.44.130
is the law that regulates the registration of Sex and Kidnapping Offenders. For
simplicity sake, all references to sex offenders in this document also refers to
kidnapping offenders).
The Sheriff releases sex offender information pursuant to
R.C.W.
4.24.550 which authorizes law enforcement to release information to the public
regarding sex offenders when the agency determines that disclosure of information is
relevant and necessary to protect the public and to counteract the danger created by the
particular offender. The content of the information made available, as well as where and
how the information is disseminated, is restricted to the standards set forth in Chapter
4.24 and by the Washington State Supreme Court ruling in State v. Ward, 123
WA 2d 488
(1994).
The Washington State Legislature has determined that the
extent of the public disclosure of relevant and necessary information shall be related to:
(a) the level of risk posed by the offender to the community; (b) the location where the
offender resides, intends to reside, or is regularly found; and (c) the needs of the
affected community members for information to enhance their individual and collective
safety.
Level I. Low risk to
re-offend within the community at large. Information shall be shared with
other law enforcement agencies and, upon request, the Sheriff may disclose relevant,
necessary and accurate information to any victim or witness to the offense and to any
individual community member who lives near the residence where the offender resides,
expects to reside, or is regularly found. Level I offenders MAY NOT be the subject of
general public Notification.
Level II. Moderate
risk to re-offend within the community at large.
Relevant, necessary and accurate information concerning risk Level II offenders may
be disclosed to public and private schools, child day care centers, family day care
providers, 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. Level II offenders MAY NOT be the subject of
general public Notification.
Level III. High
risk to re-offend within the community at large. Relevant, accurate and necessary information concerning offenders
classified as risk Level III may be disclosed to the public at large.
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