I've caught wind that one of these motions is coming down the pipe in our county. Since only 62 of these have been filed to date in the ENTIRE STATE, I'm a little lost procedurally on how these function. I'm opposed to the idea/reality of early termination of registration in this (and most) cases. Where's the published list of offenses this works for? What documents are filed under seal and which are not? Are there requirements to file under seal? Has anyone had a hearing on these motions? Is this retroactive?

Any guidance is greatly appreciated.

I’ve faced one of these. It was a couple of years ago, and the landscape of early termination for sex offenders may have changed.

At the time, despite the fact that the legislature had already enacted laws providing for early termination, the Council on Sex Offender Treatment was not budgeted or equipped to carry out the individual risk assessment required by 62.403. Without that, the 62.404 motion cannot be completed and the court can’t grant the motion.

Despite that fact that a court couldn’t possibly grant the motion due to the absence of the individual risk assessment, we filled up an entire afternoon having a hearing on this. A helpful guy from DSHS came and explained the whole conundrum to the court, and in the end, the court had no choice but to deny the motion. I will email you his contact info.

If DSHS/CSOT is now doing individual risk assessments, then courts may start granting these.

Anyway – I hope this is somewhat helpful. I would really contact DSHS. They were very helpful when we dealt with this issue.