Title 11
Criminal Offenses

Chapter 37.1
Sexual Offender Registration and Community Notification

§ 11-37.1-7. Transfer of information to designated state law enforcement agency.

(a) The person required to provide notice in accordance with § 11-37.1-5(b) and the local law enforcement agencies required to register persons who have a duty to register in accordance with § 11-37.1-4 and receive changes in the person’s registration information under § 11-37.1-9, shall immediately forward it to the designated state law enforcement agency. The designated state law enforcement agency shall immediately enter the information into the appropriate state law enforcement record system.

(b) Whenever a person required to be registered under this chapter initially registers or updates his or her information, the designated state law enforcement agency shall immediately notify:

(1) Any jurisdiction where the person is registered or is required to register due to the person’s residency, public or private educational institution attendance, or employment;

(2) All jurisdictions where a person was required to register prior to the updated information being given;

(3) All jurisdictions where a person intends to reside, work, or attend a public or private educational institution;

(4) The Federal Bureau of Investigation or other federal agencies as designated by the Attorney General of the United States in order that the information may be updated on the National Sex Offender Registry or other relevant databases;

(5) If the person intends to commence residency, attend a public or private educational institution, or commence employment outside of the United States, the United States Marshals Service;

(6) Any agency, department, or program within the state that is responsible for criminal investigation, prosecution, child welfare, or sex offender supervision functions; and

(7) National Child Protection Act agencies, which includes any agency responsible for conducting employment-related background checks under section 3 of the National Child Protection Act of 1993, 42 U.S.C. § 5119a.

(c) The designated state law enforcement agency shall ensure there is an automated community notification process in place that ensures the following:

(1) Upon a person’s initial registration or update of information, the state’s public sex offender registry website is immediately updated; and

(2) The state’s public sex offender registry has a function that enables the general public to request an email notice that will notify them when a person commences residence, employment, or a public or private educational institution attendance with the state, within a specified zip code, or within a certain geographic radius. This email notice shall include the person’s identity so that the public can access the public registry for the new information.

(d) The notification requirements of subsections (b)(7) and (c) do not apply to persons who were adjudicated delinquent of an offense requiring registration or a person tiered as a level 1 sex offender.

(e) Notwithstanding the aforementioned notification requirements, the designated state law enforcement agency and local law enforcement agencies where the person resides, is employed, or attends a public or private educational institution, may utilize other forms of community notification consistent with the provisions and intent of this chapter.

(f) In the event a person required to register under this chapter fails to register or fails to verify or update his or her registration information, the local law enforcement agency shall immediately inform the local law enforcement agency of the city or town where the person resides, is employed, or attends a public or private educational institution; the jurisdiction that provided notification that the person was to commence residency, employment, or public or private educational institution attendance; and the designated state law enforcement agency that the person failed to appear for registration or failed to verify or update their registration information.

(1) Upon notification by the designated state law enforcement agency, the local law enforcement agency where the person resides, is employed, or attends a public or private educational institution, shall:

(i) Make an effort to determine if the person is actually residing, employed or attending a public or private educational institution within their city or town; and

(ii) Seek a warrant for the person’s arrest for failing to register or verify or update his or her registration in compliance with this chapter. The U.S. Marshals Service or Federal Bureau of Investigation may be contacted in an attempt to obtain a federal warrant for the person’s arrest.

(iii) The designated state law enforcement agency shall update the registry to reflect that the person is not in compliance with his or her duty to register.

(g) If the designated state law enforcement agency receives information that a person has absconded or local law enforcement cannot determine whether the person is actually residing, employed, or attending a public or private educational institution in the city or town using the measures outlined in subsection (f) of this section, the designated state law enforcement agency, with the assistance of local law enforcement, shall make an effort to determine if the person has actually absconded.

(1) If the information indicating the possible absconding came through notice from another jurisdiction or federal authorities, they shall be informed that the person has failed to appear and register.

(2) If an absconded person cannot be located then the designated state law enforcement agency shall take the following steps:

(i) Update the registry to reflect the person has absconded or is otherwise not capable of being located;

(ii) Notify the local law enforcement agency where the person resides, is employed, or attends a public or private educational institution, so the local law enforcement agency can seek a warrant for the person’s arrest.

(iii) Notify the U.S. Marshals Service or Federal Bureau of Investigation so they may attempt, if necessary, to obtain a federal warrant for the person’s arrest;

(iv) Update the National Sex Offender Registry to reflect the sex offender’s status as an absconder, or is otherwise not capable of being located; and

(v) Enter the person into the National Crime Information Center Wanted Person file.