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Sex offender's request to get off registry is denied

"Island County Superior Court Judge Vickie Churchill recently denied a 22-year-old man's request to be relieved from the requirement to register as a sex offender for the rest of his life.Kyle Kleparek, a former South Whidbey resident, pleaded guilty to first-degree child molestation in Island County Court when he was 15 years old. Kleparek elected the Special Sex Offender Disposition Alternative, which allowed him to enter into therapy instead of facing detention time. His treatment continued for about two-and-a-half years, ending on Sept. 2, 1997.In his motion to be relieved from the registration requirement, his lawyer argued that Kleparek's future registration will not serve the purpose of the stature. In other words, Kleparek believes he does not pose a danger to the community. Angus McLane, his former treatment provider and a current juvenile parole office for Whatcom and Skagit counties, wrote a letter in support of Kleparek being relieved from the registration requirement, noting that Kleparek hasn't had any trouble with the law in the last couple of years and is involved in a stable relationship with a woman.The victim also wrote a letter stating that she now feels safe around Kleparek and doesn't object to him being relieved from registering.Island County Deputy Prosecutor Wayne Lucia, however, opposed the request and argued that Kleparek hasn't met the standard of presenting clearing and convincing evidence that he is no longer a threat to the community.This limited anecdotal information falls short of the stringent conditions envisioned by the statute, Lucia wrote. The evidence is neither clear, nor is it convincing.In 1990, the state Legislature enacted the Community Protection Act to aid law enforcement's efforts to protect the community by regulating sex offenders. The laws provide an avenue for sex offenders to be relieved from the burden of registration, but the sex offender must provide evidence of a high standard - clear and convincing evidence - that he or she is no longer a threat to the community.According to the court files, Lucia suggested to Kleparek's lawyer that Kleparek undergo psychometric testing by an independent mental health professional to gauge the likelihood of re-offense. Kleparek chose not to do this. On March 31, Churchill agreed with the prosecutor and denied Kleparek's motion for relief, writing simply that he did not meet the standard of evidence.Kleparek is free to try again in the future."

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