Chapter 202
2008
-- S 2515 SUBSTITUTE A
Enacted
07/02/08
A N A C T
RELATING TO CRIMINAL OFFENSES -- SEXUAL
OFFENDER REGISTRATION AND
COMMUNITY NOTIFICATION
Introduced
By: Senator James E. Doyle
Date
Introduced: February 13, 2008
It is enacted by the General Assembly as
follows:
SECTION 1.
Sections 11-37.1-2, 11-37.1-9, 11-37.1-10 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:
11-37.1-2.
Definitions. -- (a) "Aggravated offense" means and includes
offenses
involving sexual penetration of victims of any
age through the use of force or the threat of use of
force or offenses involving sexual penetration
of victims who are fourteen (14) years of age or
under.
(b)
"Board", "board of review", or "sex offender board of
review" means the sex
offender board of review appointed by governor
pursuant to section 11-37.1-6.
(c) (1)
"Conviction" or "convicted" means and includes any instance
where:
(i) A judgment of
conviction has been entered against any person for any offense
specified in subsection (e) or (k) of this
section, regardless of whether an appeal is pending; or
(ii) There has
been a finding of guilty for any offense specified in subsection (e) or (k) of
this section, regardless of whether an appeal is
pending; or
(iii) There has
been a plea of guilty or nolo contendere for any offense specified in
subsection (e) or (k) of this section,
regardless of whether an appeal is pending; or
(iv) There has
been an admission of sufficient facts or a finding of delinquency for any
offense specified in subsection (e) or (k) of
this section, regardless of whether or not an appeal is
pending.
(2) Provided, in
the event that a conviction, as defined in this subsection, has been
overturned, reversed, or otherwise vacated, the
person who was the subject of the conviction shall
no longer be required to register as required by
this chapter and any records of a registration shall
be destroyed. Provided, further that nothing in
this section shall be construed to eliminate a
registration requirement of a person who is
again convicted of an offense for which registration is
required by this chapter.
(d) [Deleted by
P.L. 2003, ch. 162, section 1 and by P.L. 2003, ch. 170, section 1_.
(e)
"Criminal offense against a victim who is a minor" means and includes
any of the
following offenses or any offense in another
jurisdiction which is substantially the equivalent of
the following or for which the person is or
would be required to register under 42 U.S.C. section
14071 or 18 U.S.C. section 4042(c):
(1) Kidnapping or
false imprisonment of a minor, in violation of section 11-26-1.4, 11-
26-1 or 11-26-2, where the victim of the offense
is sixteen (16) years of age or older and under
the age of eighteen (18) years;
(2) Enticement
of a child in violation of section 11-26-1.5 with the intent to violate
sections 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3;
(2)(3)
Any violation of section 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3;
(3)(4)
Any violation of section 11-1-10, where the underlying offense is a violation
of
chapter 34 of this title and the victim or person
solicited to commit the offense is under the age of
eighteen (18) years;
(4)(5)
Any violation of section 11-9-1(b) or (c); or
(6) Any
violation of section 11-9-1.3;
(7) Any
violation of section 11-37.1-10;
(8) Any
violation of section 11-37-8.8;
(9) Any
violation of section 11-64-2 where the victim is under the age of eighteen (18)
years; or
(5)(10)
Murder in violation of section 11-23-1 where the murder was committed in the
perpetration of, or attempted perpetration of,
kidnapping and where the victim of the offense is
under eighteen (18) years of age.
(f)
"Designated state law enforcement agency" means the attorney general
or his or her
designee.
(g)
"Employed, carries on a vocation" means and includes the definition
of "employed,
carries on a vocation" under 42 U.S.C.
section 14071.
(h)
"Institutions of higher education" means any university, two (2) or
four (4) year
college or community college.
(i) "Mental
abnormality" means a congenital or acquired condition of a person that
affects the emotional or volitional capacity of
the person in a manner that predisposes that person
to the commission of criminal sexual acts to a
degree that makes the person a menace to the
health and safety of other persons.
(j)
"Predator" means a person whose act(s) is (are) or was (were)
directed at a stranger,
or at a person with whom a relationship has been
established or promoted for the primary purpose
of victimization.
(k)
"Sexually violent offense" means and includes any violation of
section 11-37-2, 11-
37-4, 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, or
11-5-1 where the specified felony is sexual
assault, or section 11-23-1 where the murder was
committed in the perpetration of, or attempted
perpetration of, rape or any degree of sexual
assault or child molestation, or any offense in
another jurisdiction which is substantially the
equivalent of any offense listed in this subsection or
for which the person is or would be required to register
under 42 U.S.C. section 14071 or 18
U.S.C. section 4042(c).
(l)
"Sexually violent predator" means a person who has been convicted of
a sexually
violent offense and who has a mental abnormality
or personality disorder that makes the person
likely to engage in predatory sexually violent
offenses.
(m)
"Student" means and includes the definition of "student"
under 42 U.S.C. section
14071.
(n) "Parole
board" means the parole board or its designee.
11-37.1-9.
Notification of local law enforcement agencies of changes in address. --
(a)
Duty of local law enforcement agency; Interstate
moves. - For any person required to register
under this chapter, the local law enforcement
agency having jurisdiction where the person is
residing, shall, if the person changes residence
to another state, notify the law enforcement
agency with which the person must register in
the new state, if the new state has a registration
requirement and notify the designated state law
enforcement agency.
(b) Duty of
person required to register; Interstate moves. - A person who has been
convicted of an offense which required
registration under this chapter shall register the new
address with a designated state law enforcement
agency in another state to which the person
moves in accordance with the new state's sex
offender registration statute. Prior to the change of
residence to a new state, the person shall
notify the local law enforcement agency within this state
with which the person is registered of the
intended move and of the new address within the new
state.
(c) Duty of law
enforcement agency; Changes of residence within the state. - For any
person required to register under this chapter,
the local law enforcement agency having
jurisdiction where the person is residing,
shall, if the person changes residence to another city or
town in Rhode Island, notify the local law
enforcement agency with which the person must
register in the new city or town and notify the
state designated law enforcement agency.
(d) Duty of
person required to register; Changes of residence within the state. - A person
who has been convicted of an offense which
requires registration under this chapter and who
changes his or her residence address to another
city or town in Rhode Island, shall notify the local
law enforcement agency in the city or town from
which the person is moving before the person
establishes residence in the new location, and
shall register with the local law enforcement
agency in the city or town in which the person
is moving not later than twenty-four (24) hours
after the person establishes residence in the
new city or town. A person who has been convicted
of an offense which requires registration under
this chapter and who changes his or her residence
within a city or town in Rhode Island shall
notify the local law enforcement agency in the city or
town not later than twenty-four (24) hours after
the person changes the residence within the city
or town.
11-37.1-10.
Penalties. -- (a) Any person who is required to register or verify his
or her
address or give notice of a change of address
or residence, who knowingly fails to do so, shall be
guilty of a felony and upon conviction be
imprisoned not more than ten (10) years, or fined not
more than ten thousand dollars ($10,000), or
both.
(b) Any person
who is required to register or verify his or her address or give notice of a
change of address or residence, who knowingly fails to
do so, shall be in violation of the terms of
his or her release, regardless of whether or not
the term was a special condition of his or her
release on probation, parole or home confinement
or other form of supervised release.
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 website and the Rhode
Island Unified Court System website for the
public release of identifying information of
level two and level three sex offenders who have been
convicted, provided that no identifying
information of a juvenile shall be listed on the website.
(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 upon passage.
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LC00228/SUB A/3
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