In a move that has sparked controversy, Washington Democrats, spearheaded by a lawmaker with a criminal past, are pushing for legislation that would ease societal reintegration for level 3 sex offenders.
These individuals are considered the most dangerous and are most likely to reoffend.
The proposed bill in the Washington state legislature would make level 3 sex offenders eligible for discharge from community custody 15 years post-release, provided they have not committed a "disqualifying event," despite the high risk of sexual reoffense associated with these individuals.
A nonpartisan analysis of the bill reveals that the Indeterminate Sentence Review Board (ISRB), a quasi-judicial board within the Department of Corrections (DOC), is tasked with reviewing the offender's file to determine eligibility for release from community custody. The board is required to hold a review hearing at least 120 days before the end of the presumed community custody period.
The proposed legislation also seeks to modify the maximum term of community custody that a court can impose on an individual with a Special Sex Offender Sentencing Alternative sentence. The bill also outlines a smoother path to societal reintegration for level 1 and level 2 offenders.
In 2021, Washington residents expressed outrage when Democrats facilitated the release of level 3 sex offenders from McNeil Island into residential neighborhoods in halfway homes run by private companies.
The Community Protection Act had previously designated McNeil Island as a unique civil commitment center in the 1980s for individuals deemed a continuing threat to the community. After serving their prison sentences, these individuals were civilly committed to McNeil Island.
The Democratic-majority Legislature passed a bill in 2021 amending state law to facilitate the equal distribution of conditionally released sexually violent predators from McNeil Island across the state's counties.
Last year, Democratic Governor Jay Inslee, Democratic Attorney General and gubernatorial candidate Bob Ferguson, and other progressive politicians collaborated with the Department of Social and Health Services (DSHS) and the DOC to implement the 2021 legislation. This resulted in the depopulation of McNeil Island and the release of pedophiles into residential neighborhoods without prior notification to residents.
In May of last year, Governor Inslee vetoed parts of a bill that would have mandated advance notice to tribes and communities about the relocation of sexually violent predators into their neighborhoods.
Democratic Representative Tarra Simmons, a former convict and one of the bill's sponsors, has previously advocated for restoring voting rights to convicted felons and reducing penalties for drive-by shootings in an effort to promote "racial equity."
This comes amidst a surge in crime and record homicides in the state.
Simmons has also pre-filed legislation that would grant judges the power to reduce sentences for violent offenders years later, even if the case facts remain unchanged.
Simmons is co-sponsoring a bill that would allow for the dismissal of misdemeanors, including assault, stalking, assault with sexual motivation, firearms offenses, and more. Seattle City Attorney Ann Davison has strongly opposed the bill, arguing that it would "undermine the criminal justice system and our accountability we are trying to build within it."
She noted that "there is nothing that would stop a court from allowing a serious assault case to be dismissed after the defendant performed a paltry 10 hours of community service."
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