Chapter 080

2005 -- H 5887

Enacted 06/24/05

A N A C T

RELATING TO SEXUAL OFFENDER REGISTRATION AND COMMUNITY

NOTIFICATION

Introduced By: Representatives Lally, Picard, Schadone, and Palumbo

Date Introduced: March 01, 2005

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-37.1-11 and 11-37.1-12 of the General Laws in Chapter 11-

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

read as follows:

11-37.1-11. Release of information. -- (a) Except as otherwise provided by this chapter

or as provided in subsections (b) or (c) of this section, no information obtained under this chapter

shall be released or transferred without the written consent of the person or his or her authorized

representative.

      (b) No consent for release or transfer of information obtained under this chapter shall be

required in the following instances:

      (1) Information may be disclosed to law enforcement agencies for law enforcement

purposes;

      (2) Information may be disclosed to government agencies conducting confidential

background checks;

      (3) The designated law enforcement agency and any local law enforcement agency

authorized by the state agency may release relevant information that is necessary to protect

individuals concerning a specific person required to register under this chapter, except that the

identity of a victim of an offense that requires registration under this section shall not be released;

and

      (4) Information may be released or disseminated in accordance with the provisions of

section 11-37.1-12.; and

(5) Information shall be disclosed by the local police department to the general public in

a city or town for those registered offenders determined to be either a level 2 or level 3 offender

as determined consistent with parole board guidelines.

      (c) Any local law enforcement agency shall release relevant information collected

pursuant to section 11-37.1-3(c) to any campus police agency appointed pursuant to section 16-

15-2 or police for private institutions appointed pursuant to section 12-2.1-1 for any person

having a duty to register who is enrolled in, employed by or carrying on a vocation at an

institution of higher education. That agency may release relevant information that is necessary to

protect individuals concerning a specific person required to register under this chapter, except that

the identity of a victim of an offense that requires registration under this section shall not be

released.

11-37.1-12. Rules and regulations for community notification. -- (a) The parole board

shall promulgate guidelines and procedures for notification required pursuant to the provisions of

this section.

      (b) The regulations shall provide for three (3) levels of notification depending upon the

risk of re-offense level of the sex offender determined by the sex offender board of review as

outlined in section 11-37.1-6(b):

      (1) If risk of re-offense is low, law enforcement agencies and any individuals identified

in accordance with the parole board guidelines shall be notified;

      (2) If risk of re-offense is moderate, organizations in the community likely to encounter

the person registered shall be notified in accordance with the parole board's guidelines, in

addition to the notice required by subdivision (1) of this subsection;

      (3) If risk of re-offense is high, the members of the public likely to encounter the person

registered shall be notified through means in accordance with the parole board's guidelines

designed to reach members of the public likely to encounter the person registered, in addition to

the notice required by subdivisions (1) and (2) of this subsection.

      (4) The sex offender community notification unit is authorized and directed to utilize the

Rhode Island state police web site and the Rhode Island Unified Court System website for the

public release of identifying information of tier level two and level three sex offenders who have

been convicted, provided that no identifying information of a juvenile shall be listed on the web

site.

      (5) Notwithstanding any other provision of law, the sex offender review board shall have

access to all relevant records and information in the possession of any state official or agency

having a duty under section 11-37.1-5(a)(1) through (6) relating to juvenile and adult offenders

under review by the sex offender review board, including, but not limited to, police reports,

prosecutors statements of probable cause, pre-sentence investigations and reports, complete

judgments and sentences, current classification referrals, juvenile and adult criminal history

records, violation and disciplinary reports, all psychological evaluations and psychiatric

evaluations, psychiatric hospital records, sex offender evaluations and treatment reports,

substance abuse evaluations and treatment reports to the extent allowed by federal law. Records

and information obtained by the sex offender review board under this subsection shall remain

confidential, provided that the parole board may disclose the records and information to the board

of review, the sentencing court, and/or law enforcement agencies in accordance with the

provisions of this chapter.

     SECTION 2. This act shall take effect on January 1, 2006.

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LC01329

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