Washington sentencing commission backs alternative sentencing for sex offenders

The Washington State Sentencing Guidelines Commission (WSSGC) voted 7–2–3 to recommend a new alternative-sentencing framework for certain sexual offenses that do not involve an identified victim. The proposal, aimed primarily at cases arising from law enforcement sting operations, will likely be moved to the state Legislature for consideration in the upcoming session.

According to The Center Square, the recommendation is based on a 2022 report by the state’s Sex Offender Policy Board (SOPB), which urged lawmakers to create a new treatment-focused sentencing option for individuals assessed as low-risk. The report claimed that treatment alternatives are more effective at reducing re-offense rates and less expensive than incarceration.

Among the offenses the SOPB highlighted were internet sex stings and “other sex offenses with no identifiable victim.” The SOPB approved its 2022 recommendation by an 8-2-2 vote, and that same year, it also advocated treatment, rather than jail time, for individuals charged with possession of child pornography. The board further recommended removing public-notice and public-comment requirements for citing less-restrictive alternative facilities for violent sex offenders.

At the WSSGC’s November 14 meeting, SOPB Chair Brad Mayhew explained that research on non-contact sting-related offenses is “spotty,” but said available studies suggest such offenders generally pose lower risk than those who commit “hands-on” abuse. Still, he acknowledged ongoing debate in the field: some experts argue the distinction between attempted and completed offenses is negligible.

Mayhew described wide variation among people caught in online sting operations, noting that “a lot of people…have very little experience with the world,” including individuals on the autism spectrum or with cognitive challenges. Others, he said, exhibit predatory behavior consistent with higher-risk offenders.

State Rep. Lauren Davis (D–Seattle) pushed back on the idea that these offenders are typically naive or inexperienced. Advocates, she said, “like to paint a picture that it’s a bunch of 20-year-olds,” but data show many arrestees hold positions of authority, including judges and teachers. “These are cases where a person has taken a substantial step to have sex with a child,” Davis said. “That is the totality of these cases.”

Port Angeles Police Chief Brian Smith added that sting cases highlight the difference between “what we can prove versus what we know,” noting that although no real child is harmed, defendants often take concrete steps toward committing a crime.

The Commission also voted to ask the Legislature to direct the SOPB to define clear eligibility and exclusion criteria for any alternative-sentencing program.

Sen. Lisa Wellman (D–Mercer Island) introduced Senate Bill 5312, which would reduce sex-offender registration requirements for individuals convicted in “Net Nanny” sting operations from lifetime registration to just five years. Although the bill received a hearing, it did not advance to a vote.

The SOPB and WSSGC have, for several years, argued that Washington’s sex-offender laws are overly broad and counterproductive. The boards contend that certain restrictions “undermine public safety” by impeding reintegration and diverting resources from high-risk offenders.

The debate surrounding Washington’s sex-offender policies comes amid strong community backlash over state decisions to relocate Level 3 sex offenders, those deemed the “worst of the worst" by the FBI and most likely to re-offend, from the secure McNeil Island Special Commitment Center into residential halfway homes around the state. Critics, including many local officials, have objected to placing high-risk offenders in neighborhoods without notice.

Former Governor Jay Inslee previously line-item vetoed a legislative provision that would have required notifying communities before relocating such individuals.

Mayhew, who chairs the SOPB and works as a defense attorney for clients accused of sexual crimes, has been a central figure in the ongoing reforms. Democratic policymakers have continued to support supervised community placements for formerly civilly committed offenders, prompting concerns from law enforcement leaders and neighborhood groups about public safety and transparency.