Chapter 103

2010 -- H 7046

Enacted 06/22/10

A N A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION

Introduced By: Representatives Edwards, Loughlin, Palumbo, Hearn, and Shallcross

Smith

Date Introduced: January 07, 2010

It is enacted by the General Assembly as follows:

SECTION 1. Section 11-37.1-13 of the General Laws in Chapter 11-37.1 entitled "Sexual

Offender Registration and Community Notification" is hereby amended to read as follows:

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

the evidence pertaining to a person required to register according to the criteria set forth in section

11-37.1-12, the board is satisfied that risk of re-offense by the person required to register is either

moderate or high, the sex offender community notification unit of the parole board shall notify

the person, in writing, by letter or other documentation:

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

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

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

notification will take;

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

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

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

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

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

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

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

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

to promulgate a community notification, that notification will take place;

(3) That should the person subject to community notification, file an application for

review on or before the date specified by the letter or other documentation, that no community

notification will take place, unless and until affirmed by the court or, if reversed, until the time

that the attorney general or his or her designee provides for a notification in accord with the

reasons specified for the reversal by the court;

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

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

and

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

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

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

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

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

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

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

juvenile offender resides or intends to reside upon release.

SECTION 2. This act shall take effect upon passage.

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LC00221

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