What you (will) need to know

 RCW et al  Passed in 1972  All records of a public agency are presumed to be subject to disclosure  Public records must be disclosed unless an exemption applies  Exemptions to disclosure are to be construed narrowly  The agency has the burden to prove that the record is exempt  Agencies may withhold only those portions of the document that fall within the exemption  Agencies are liable for not giving the fullest assistance to requestors and/or unreasonably exempting records.

 ANY writing containing information relating to the conduct of government or the performance of any governmental function,  Prepared, owned, used or retained by any state or local agency,  Regardless of physical form or characteristics…  “Writing” means handwriting, printing, photographing…letters, words, pictures, sound and video recordings…  RCW (2),(3)

 Investigating agency reports, PC statements (local, state, federal agencies)  Triple I – criminal history  Court documents: charging and sentencing  Registration documents  Risk level assessments  Sex offender contact sheets  Correspondence / s  Psycho-sexual evaluations

 Indeterminate Sentence Review Board hearings and findings.  Sex Offender treatment plans  Polygraph report  Victim statements  DOC custody facility plan  Bulletin: Notification of Sex Offender Release

 The request may be in writing, on a form, or made orally.  Requestor does not have to cite to the PRA and label it as a “public disclosure request.”  May be made to any employee of the public agency – that includes you.  May be buried in correspondence.  Agency must respond within 5 days of request.

 Generally, agencies may not distinguish between requesters under the PDA.  A requestor may remain anonymous.  If requestor is the victim or offender, he or she may be able to obtain records that would be exempt otherwise.  Cannot exempt a document from disclosure on the basis of privacy when it is the requestor’s privacy at issue.

 Caution! Do not convert requests, examples below, not under the PRA to a PRA request.  Attorney requests – for discovery  Therapist requests – for treatment  Other law enforcement agency or CPS – for law enforcement purposes  Victim – for civil redress (RCW 10.97)  Collective bargaining (Mason County, 2012)

 RCW – law enforcement investigative records exemption: ◦ (1) specific intelligence information…investigative records…the nondisclosure of which is essential to effective law enforcement or for protection of any person’s right to privacy. ◦ (2) information revealing the identity of witnesses or victims of crime…who file complaints…if disclosure would endanger any person’s life… ◦ (3) records…sex offenses which have been transferred to WASPC for retention..

 (5) Information revealing the identity of child victims of sexual assault who are under age eighteen…  (8) Information submitted to the statewide unified sex offender notification and registration program…by a person for the purpose of receiving notification regarding a registered sex offender.

 Juvenile Records RCW  Attorney / Client communications and work product  Medical records RCW ◦ Must be health care record, not a forensic evaluation like a psycho-sexual evaluation. ◦ Patient and his immediate family (or close friend) may obtain records ◦ Patient’s healthcare provider may obtain records ◦ May disclose to law enforcement, penal or custodial institutions where the person is confined.

 Records of a person confined in Jail (RCW )  Records of a person confined in prison  Triple I (RCW 10.97)

 Is it a readily identifiable record or do you need to seek clarification of the request?  Does your office have records that have the offender’s exact address?  Can you search for records within school district boundaries?  Are those public records?  Are the records exempt in part or whole?

 Is RCW “another statute” that governs requests for documents instead of the PDA? ◦ Courts have not answered that question for adults ◦ Probably not for adult sex offenders. ◦ It may be for juvenile sex offenders. ◦ RCW (9) provides “nothing in this section implies” that information about registered sex offenders “is confidential except as may be otherwise provided by law.” ◦ Courts have noted that some documents in a sex offender file are publicly available from other sources. Information disclosed is not subject to any specific confidentiality protection. ◦ In Re Restraint of Meyer, 142, Wn.2d 608 (2001)

 Probably not (for adults) but courts have not addressed that specific question  Current Residential address may be exception for safety of sex offender as essential to effective law enforcement  Individual documents withheld or redacted from a registered sex offender packet need specific exemptions for each document under the PDA in adult cases

 Since is based on risk to the public, the community notification act may allow for a greater release of information to the public regarding sex offenders than may apply under the PDA.  Agencies have some discretion based on risk assessment  Release of information needs to be based on risk and public safety not punishment  No liability for failure to release (unless make promises about release)

 Juvenile Records Act (JRA) may be “another statute” that removes juvenile records release decisions entirely from the PDA  “All records other than the official juvenile court file are confidential and may be released only as provided in …….. RCW RCW  “Except as provided in RCW , information not in a juvenile court file concerning a juvenile or a juvenile’s family may be released to the public only when that information could not be reasonably expected to identify the juvenile or the juvenile’s family.” RCW (5)

 Juvenile sex offender challenged release of SSOSA evaluation to Sheriff’s Office.  Court held SSOSA evaluation had to be given to Sheriff’s office for risk assessment.  Chapter is “another statute” that provides for protection from release under the PDA and would be protected from release under the PDA.  NOTE – Case is NOT a public disclosure case.

 IF juvenile “records” are entirely exempt from the PDA, then decisions about release of juvenile sex offender registration records would be made: ◦ Under RCW , AND ◦ Chapter 13.50, ◦ Chapter 10.97’s specific provisions regarding victim civil redress ◦ Not the PDA

 Adult requested under the PRA her own juvenile records from DSHS as she was under CPS as an abused child.  DSHS provided records under RCW but missed a transcript and training manuals.  Superior Court found violation of PRA and $100/day penalty.  Appellate Court reversed  Her juvenile social file only subject to RCW 13.50, not the PRA, nor is it subject to PRA penalties or sanctions.

 Adult sex offenders SSOSA evaluations are subject to disclosure as they are not an investigative record under RCW (1)  Victim’s impact statements for sentencing are subject to disclosure as they also are not an investigative record under RCW (1)

 The interaction of the various statutes is complex and there is little case law on their application and intersection  Statutes to consider include for withholding or redacting include: ◦ The Public Records Act, ◦ The Juvenile Records Act, ◦ Civil Redress statutes for victims (10.97 and 13.50) ◦ Community Notification Act ( ) ◦ End of Sentence Review Board Statutes (72.09) ◦ Medical records, ◦ Rights of victims and child victims (7.69 and 7.69A)