2018 -- H 7263

========

LC003337

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION AND

COMMUNITY NOTIFICATION

     

     Introduced By: Representatives Solomon, Coughlin, Keable, Johnston, and Phillips

     Date Introduced: January 24, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Sections 11-37.1-13 and 11-37.1-16 of the General Laws in Chapter 11-

2

37.1 entitled "Sexual Offender Registration and Community Notification" are hereby amended to

3

read as follows:

4

     11-37.1-13. Notification procedures for tiers two (2) and three (3).

5

     If after review of the evidence pertaining to a person required to register according to the

6

criteria set forth in § 11-37.1-12, the board is satisfied that risk of re-offense by the person

7

required to register is either moderate or high, the sex offender community notification unit of the

8

parole board shall notify the person, in writing, by letter or other documentation:

9

     (1) That community notification will be made not less than ten (10) business days from

10

the date of the letter or other document evidencing an intent to promulgate a community notice in

11

accordance with § 11-37.1-12(b), together with the level, form and nature that the notification

12

will take;

13

     (2) That unless an application for review of the action is filed within the time specified by

14

the letter or other documentation, which in any case shall not be less than ten (10) business days,

15

by the adult offender subject to community notification, with the criminal calendar judge of the

16

superior court for the county in which the adult offender who is the subject of notification resides

17

or intends to reside upon release, or by the juvenile offender subject to community notification

18

over whom the family court exercises jurisdiction, with the clerk of the family court for the

 

1

county in which the juvenile offender resides or intends to reside upon release, whose name shall

2

be specified in the letter or other document, requesting a review of the determination to

3

promulgate a community notification, that notification will take place;

4

     (3) That the person has a right to be represented by counsel of their own choosing or by

5

an attorney appointed by the court, if the court determines that he or she cannot afford counsel;

6

and

7

     (4) That the filing of an application for review may be accomplished, in the absence of

8

counsel, by delivering a letter objecting to the notification and/or its level, form or nature,

9

together with a copy of the letter or other documentation describing the proposed community

10

notification, addressed to the judge described in the communication to the clerk of the superior

11

court in the county in which the adult offender resides or intends to reside upon release, or in the

12

case of juvenile offenders over whom the family court exercises jurisdiction, addressed to the

13

judge described in the communication to the clerk of the family court in the county in which the

14

juvenile offender resides or intends to reside upon release. ; and

15

     (5) That if, after hearing on an application for review, the superior court or the family

16

court finds by a preponderance of the evidence that the board's determination of the level and

17

nature of the community notification was not in compliance with this chapter, it may raise or

18

lower the offender's level. Notice that the level may be raised or lowered shall be given to the

19

offender in writing by the board at the time its decision is rendered.

20

     11-37.1-16. Application review -- Burden of production and persuasion.

21

     (a) In any proceeding under this chapter, the state shall have the burden of going forward,

22

which burden shall be satisfied by the presentation of a prima facie case that justifies the

23

proposed level of and manner of notification.

24

     (b) For purposes of this section, "prima facie case" means:

25

     (1) A validated risk assessment tool has been used to determine the risk of re-offense;

26

     (2) Reasonable means have been used to collect the information used in the validated

27

assessment tool.

28

     (c) Upon presentation of a prima facie case, the court shall affirm the determination of the

29

level and nature of the community notification, unless it is persuaded by a preponderance of the

30

evidence that the determination on either the level of notification of the manner in which it is

31

proposed to be accomplished is not in compliance with this chapter or the guidelines adopted

32

pursuant to this chapter.

33

     (d) If after hearing, the court finds by a preponderance of the evidence that the board's

34

determination of the level and nature of community notification was not in compliance with this

 

LC003337 - Page 2 of 4

1

chapter, it may raise or lower the offender's level.

2

     Nothing in this section shall be construed to prohibit the release of information pertaining

3

to a person who has been convicted of any of the violations of any offense listed in § 11-37.1-2,

4

so long as the information has been gathered or obtained through sources other than the

5

registration process provided by this chapter. Provided further, that nothing in this section shall be

6

deemed to authorize the release of any information pertaining to any victim of any offense listed

7

in § 11-37.1-2.

8

     SECTION 2. This act shall take effect upon passage.

========

LC003337

========

 

LC003337 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION AND

COMMUNITY NOTIFICATION

***

1

     This act would allow the superior court or the family court in reviewing sex offender

2

level determination by the sex offender board of review, to raise or lower the offender's

3

community notification level. The board must give the offender notice at the time it renders its

4

decision that upon review, the court has the power to raise or lower the offender's community

5

notification level.

6

     This act would take effect upon passage.

========

LC003337

========

 

LC003337 - Page 4 of 4