2006 -- S 2223

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LC00498

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2006

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A N A C T

RELATING TO THE RHODE ISLAND SEXUAL PREDATORS ACT

     Introduced By: Senators Algiere, Polisena, Damiani, McCaffrey, and Breene

     Date Introduced: January 31, 2006

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 11-37.1 of the General Laws entitled "Sexual Offender Registration

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and Community Notification" is hereby repealed in its entirety.

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     CHAPTER 11-37.1

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Sexual Offender Registration and Community Notification

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     11-37.1-1. Short title. -- This chapter shall be known and be cited as the "Sexual

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Offender Registration and Community Notification Act".

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     11-37.1-2. Definitions. -- (a) "Aggravated offense" means and includes offenses

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involving sexual penetration of victims of any age through the use of force or the threat of use of

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force or offenses involving sexual penetration of victims who are fourteen (14) years of age or

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under.

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      (b) "Board", "board of review", or "sex offender board of review" means the sex

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offender board of review appointed by governor pursuant to section 11-37.1-6.

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      (c) (1) "Conviction" or "convicted" means and includes any instance where:

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      (i) A judgment of conviction has been entered against any person for any offense

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specified in subsection (e) or (k) of this section, regardless of whether an appeal is pending; or

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      (ii) There has been a finding of guilty for any offense specified in subsection (e) or (k) of

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this section, regardless of whether an appeal is pending; or

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      (iii) There has been a plea of guilty or nolo contendere for any offense specified in

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subsection (e) or (k) of this section, regardless of whether an appeal is pending; or

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      (iv) There has been an admission of sufficient facts or a finding of delinquency for any

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offense specified in subsection (e) or (k) of this section, regardless of whether or not an appeal is

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pending.

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      (2) Provided, in the event that a conviction, as defined in this subsection, has been

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overturned, reversed, or otherwise vacated, the person who was the subject of the conviction shall

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no longer be required to register as required by this chapter and any records of a registration shall

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be destroyed. Provided, further that nothing in this section shall be construed to eliminate a

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registration requirement of a person who is again convicted of an offense for which registration is

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required by this chapter.

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      (d) [Deleted by P.L. 2003, ch. 162, section 1 and by P.L. 2003, ch. 170, section 1_.

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      (e) "Criminal offense against a victim who is a minor" means and includes any of the

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following offenses or any offense in another jurisdiction which is substantially the equivalent of

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the following or for which the person is or would be required to register under 42 U.S.C. section

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14071 or 18 U.S.C. section 4042(c):

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      (1) Kidnapping or false imprisonment of a minor, in violation of section 11-26-1.4, 11-

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26-1 or 11-26-2, where the victim of the offense is sixteen (16) years of age or older and under

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the age of eighteen (18) years;

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      (2) Any violation of section 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3;

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      (3) Any violation of section 11-1-10, where the underlying offense is a violation of

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chapter 34 of this title and the victim or person solicited to commit the offense is under the age of

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eighteen (18) years;

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      (4) Any violation of section 11-9-1(b) or (c); or

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      (5) Murder in violation of section 11-23-1 where the murder was committed in the

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perpetration of, or attempted perpetration of, kidnapping and where the victim of the offense is

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under eighteen (18) years of age.

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      (f) "Designated state law enforcement agency" means the attorney general or his or her

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designee.

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      (g) "Employed, carries on a vocation" means and includes the definition of "employed,

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carries on a vocation" under 42 U.S.C. section 14071.

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      (h) "Institutions of higher education" means any university, two (2) or four (4) year

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college or community college.

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      (i) "Mental abnormality" means a congenital or acquired condition of a person that

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affects the emotional or volitional capacity of the person in a manner that predisposes that person

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to the commission of criminal sexual acts to a degree that makes the person a menace to the

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health and safety of other persons.

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      (j) "Predator" means a person whose act(s) is (are) or was (were) directed at a stranger,

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or at a person with whom a relationship has been established or promoted for the primary purpose

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of victimization.

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      (k) "Sexually violent offense" means and includes any violation of section 11-37-2, 11-

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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

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assault, or section 11-23-1 where the murder was committed in the perpetration of, or attempted

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perpetration of, rape or any degree of sexual assault or child molestation, or any offense in

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another jurisdiction which is substantially the equivalent of any offense listed in this subsection or

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for which the person is or would be required to register under 42 U.S.C. section 14071 or 18

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U.S.C. section 4042(c).

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      (l) "Sexually violent predator" means a person who has been convicted of a sexually

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violent offense and who has a mental abnormality or personality disorder that makes the person

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likely to engage in predatory sexually violent offenses.

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      (m) "Student" means and includes the definition of "student" under 42 U.S.C. section

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14071.

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      (n) "Parole board" means the parole board or its designee.

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     11-37.1-3. Registration required -- Persons covered. -- (a) Any person who, in this or

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any other jurisdiction: (1) has been convicted of a criminal offense against a victim who is a

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minor, (2) has been convicted of a sexually violent offense, (3) has been determined to be a

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sexually violent predator, (4) has committed an aggravated offense as defined in section 11-37.1-

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2, or (5) is a recidivist, as defined in section 11-37.1-4, shall be required to register his or her

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current address with the local law enforcement agency having jurisdiction over the city or town in

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which the person having the duty to register resides for the time period specified in section 11-

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37.1-4.

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      (b) Any person who is: (1) a nonresident worker who has committed an offense that is

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subject to registration in the state of his or her residence and who is employed or carrying on a

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vocation in Rhode Island as defined in section 11-37.1-2(g), or (2) a nonresident student as

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defined by section 11-37.1-2(l) [section 11-37.1-2(m)]who has committed an offense that is

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subject to registration in the state of his or her residence and who is attending an educational

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institution in Rhode Island, shall be required to register his or her current address and the address

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of his or her place of employment or school attended with the local law enforcement agency

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having jurisdiction over the city or town in which the nonresident worker or student is employed

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or attending school.

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      (c) Any person having a duty to register as a sex offender in subsection (a) of this section

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who is enrolled at, employed at or carrying on a vocation at an institution of higher education

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shall have an additional duty to register the information described in subsection (a) of this section

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with the local law enforcement agency in the city or town where the primary campus of the

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institution of higher education at which the person is enrolled, employed or carrying on a

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vocation who is located for the period of time they are enrolled at, employed at or carrying on a

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vocation at the institution of higher education.

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     11-37.1-4. Duration of registration -- Frequency of registration. -- (a) Annual

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registration. - Any person required to register under section 11-37.1-3(a)(1) or (2) shall annually

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register with the local law enforcement agency having jurisdiction over the city or town in which

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the person having the duty to register resides for a period of ten (10) years from the expiration of

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sentence for the offense and shall verify his or her address with the agency on a quarterly basis

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for the first two (2) years of the period unless the person has been determined to be a sexually

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violent predator in accordance with section 11-37.1-6 or unless the person is required to register

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for the life of that person in accordance with the provisions of subsection (c) of this section.

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      (b) Sexually violent predators. - Any person who has been determined to be a sexually

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violent predator in accordance with the provisions of section 11-37.1-6 shall be required to

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annually register in person with the local law enforcement agency having jurisdiction over the

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city or town in which the person having the duty to register resides for the life of that person and

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to verify his or her address on a quarterly basis for the life of that person.

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      (c) Recidivists and aggravated crime offenders. - Any person required to register under

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section 11-37.1-3 and who has one or more prior convictions for any offense described in section

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11-37.1-2 or has been convicted of an aggravated offense as defined in section 11-37.1-2 shall

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annually register in person with the local law enforcement agency having jurisdiction over the

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city or town in which the person having the duty to register resides for the life of that person and

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to verify his or her address on a quarterly basis for the life of that person.

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      (d) Nonresident workers and students. - Any nonresident person required to register

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pursuant to section 11-37.1-3(b)(1) or (2) shall annually register in person with the local law

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enforcement agency having jurisdiction over the city or town in which the person having the duty

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to register is employed or attends school for the period of time that the person is employed in

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Rhode Island or is attending school in Rhode Island.

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      (e) Initial registration; Incarcerated individuals. - All persons required to register under

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this chapter who are sentenced to a period of confinement shall perform their initial registration

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by appearing in person at the local law enforcement agency in the city or town in which the

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person intends to reside within twenty-four (24) hours of their release from confinement.

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      (f) Initial registration; Non-incarcerated individuals. - All persons required to register

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under this chapter who are convicted in Rhode Island and who are not sentenced to serve a term

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of incarceration or confinement shall perform their initial registration by appearing in person at

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the local law enforcement agency in the city or town in which the person intends to reside within

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twenty-four (24) hours of being sentenced.

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      (g) Initial registration; Individuals relocating to Rhode Island - All persons required to

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register under this chapter who are moving their residence to Rhode Island from another

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jurisdiction shall perform their initial registration by appearing in person at the local law

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enforcement agency in the city or town in which the person intends to reside within twenty-four

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(24) hours of their arrival in Rhode Island.

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      (h) Initial registration; Nonresident workers and students. - All nonresident workers or

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students who are required to register under this chapter shall perform their initial registration by

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appearing in person at the local law enforcement agency in the city or town in which the person is

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employed or is attending school within twenty-four (24) hours of their first day of their personal

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attendance at their place of employment or school.

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      (i) Tolling provision. - Where, during the period in which any person is required to

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register, a person required to register under this chapter is incarcerated or re-incarcerated for any

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offense or is civilly committed, the person's registration requirements shall be tolled during the

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subsequent incarceration, re-incarceration or commitment.

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      (j) Juveniles. - Any juvenile having the duty to register under subsections (b) and (c) of

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this section shall be required to annually register in person with the local law enforcement agency

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having jurisdiction over the city or town in which the juvenile having the duty to register resides

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for fifteen (15) years subsequent to the date of release from confinement or placement in the

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community or probation for such offense or offenses and to verify his or her address on a

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quarterly basis for said fifteen (15) years. However, if a juvenile is adjudicated delinquent under

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section 11-37-8.1 or 11-37-8.3, the court shall assess the totality of the circumstances of the

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offense and if the court makes a finding that the conduct of the parties is criminal only because of

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the age of the victim, the court may have discretion to order the juvenile to register as a sex

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offender as long as the court deems it appropriate to protect the community and to rehabilitate the

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juvenile offender. Registration shall be subject to the provisions of this chapter.

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     11-37.1-5. Registration requirement upon release, parole, or probation. -- (a) (1)

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Duty of state officials. - If a person who is required to register under this chapter is released from

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prison, then the official in charge of the place of confinement or his or her designee shall comply

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with the provisions of subsection (b) of this section;

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      (2) If a person who is required to register under this chapter is placed on parole, the

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executive secretary of the parole board shall comply with the provisions of subsection (b) of this

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section;

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      (3) If a person who is required to register under this chapter is released on probation or

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placed on home confinement, then the assistant administrator or the division of probation shall

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comply with the provisions of subsection (b) of this section;

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      (4) If a person who is required to register under this chapter is released from a juvenile

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correctional facility, either outright or on some form of supervised release, then the person in

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charge of the institution shall comply with the provisions of subsection (b) of this section;

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      (5) If a person who is required to register under this chapter is placed on juvenile

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probation, then the person in charge of the program shall comply with the provisions of

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subsection (b) of this section; or

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      (6) If a person who is required to register under this chapter has moved into this state

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under the provisions of an interstate compact providing for supervision of the terms of his or her

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release by agents of this state, then the administrator of the interstate compact shall comply with

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the provisions of subsection (b) of this section.

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      (b) Notification of registration requirements. - The person designated with the

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responsibility for the notification requirements of this chapter shall, prior to the release of any

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person required to register under this chapter:

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      (1) Inform the person of the duty to register and obtain the information required for

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registration;

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      (2) Inform the person that if the person changes his or her residence address, the person

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shall give the new address to a designated state law enforcement agency in writing within twenty-

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four (24) hours;

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      (3) Inform the person that if the person changes residence to another state, the person

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shall register the new address with the law enforcement agency with whom the person last

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registered, and the person is also required to register with a designated law enforcement agency in

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the new state in accordance with the new state's sex offender registration statute;

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      (4) Inform the person that if the person works or attends school in another state in which

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he or she does not reside, the person shall register his or her employment address or address of

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the educational institution he or she attends as required by the other state;

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      (5) Obtain fingerprints and a photograph of the person if these have not already been

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obtained in connection with the offense that triggers registration; and

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      (6) Require the person to read and sign a form approved by the attorney general stating

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that the duty of the person to register under this section has been explained.

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      (c) Registration information. - In addition to the requirements of subsection (b) of this

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section, for a person required to register under section 11-37.1-3, then the person responsible for

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the notification required under subsection (b) of this section shall obtain the name of the person,

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identifying factors, anticipated future residence, juvenile and adult offense history, and

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documentation of any treatment received for the mental abnormality or personality disorder of the

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person. For purposes of this subsection, the provisions of chapter 37.3 of title 5 pertaining to

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health care privileges, the provisions of section 9-17-24 pertaining to the privilege of witnesses,

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or the provisions of section 42-72-8 pertaining to confidentiality of records of the department of

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children, youth and families, shall not be effective so as to prevent the transfer of information or

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the testimony of any person possessing any information required by this subsection. Any

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information so obtained may be transferred to the sex offender board of review and may be used

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by them in making a determination of whether or not the person is a sexually violent predator or

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in determining the level of notification under section 11-37.1-12. The information may also be

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used by the sentencing court or by any court reviewing the level of notification determined by the

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sex offender board of review or reviewing any conviction or sentence which requires registration

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under this chapter. Provided, information so obtained shall not be admissible in any other judicial

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proceeding against the subject of the information except to determine a person's status as a

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sexually violent predator or to determine or review the level of notification to the community

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which has been made by a court or the sex offender board of review. Provided, further, that this

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subsection shall not be applicable to any person for whom an appeal is pending for which a final

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judgment of conviction has not been entered, until the time that a final conviction has been

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entered.

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     11-37.1-6. Community notification. -- (1) (a) Sex Offender Board of Review. - The

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governor shall appoint six (6) persons including experts in the field of the behavior and treatment

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of sexual offenders by reason of training and experience, victim's rights advocates, and law

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enforcement representatives to the sex offender board of review. At least one member of the sex

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offender board of review shall be a qualified child/adolescent sex offender treatment specialist.

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These persons shall serve at the pleasure of the governor or until their successor has been duly

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qualified and appointed.

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      (b) Duties of the Board. - Upon passage of this legislation, the sex offender board of

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review will utilize a validated risk assessment instrument and other material approved by the

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parole board to determine the level of risk an offender poses to the community and to assist the

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sentencing court in determining if that person is a sexually violent predator. If the offender is a

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juvenile, the Department of Children, Youth & Families shall select and administer a risk

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instrument appropriate for juveniles and shall submit the results to the sex offender board of

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review.

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      (c) Duties of other state agencies. - Six (6) months prior to release of any person having

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a duty to register under section 11-37.1-3, or upon sentencing of a person having a duty to

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register under section 11-37.1-3, if the offender is not incarcerated, the agency having supervisory

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responsibility shall refer the person to the sex offender board of review, together with any reports

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and documentation that may be helpful to the board, for a determination as to the level of risk an

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offender poses to the community and to assist the sentencing court in determining if that person is

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a sexually violent predator.

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      (2) (a) The board shall within thirty (30) days of a referral of a person shall conduct the

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validated risk assessment, review other material provided by the agency having supervisory

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responsibility and assign a risk of re-offense level to the offender. In addition, the board may find

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that, based on the assessment score and other material, that the person may posses a mental

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abnormality or personality disorder that makes the person likely to engage in sexually violent

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predatory offenses. In these cases, the committee shall ask the parole board psychiatrist or if the

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offender is a juvenile, a DCYF psychiatrist to conduct a sex offender evaluation to determine if

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the offender posses a mental abnormality or personality disorder that affects the emotional or

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volitional capacity of the person in a manner that predisposes that person to the commission of

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criminal sexual acts to a degree that makes the person a menace to the health and safety of other

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persons.

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      (b) Upon receipt of a sex offender evaluation that suggests there is sufficient evidence

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and documentation to suggest that a person may be a sexually violent predator, the sex offender

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board of review shall forward a report to the attorney general for consideration by the court.

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      (c) Upon receipt of a report from the attorney general, the court, after notice to the

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offender and his or her counsel, shall upon consideration of the report and other materials, make a

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determination as to whether or not a person is a sexually violent predator.

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      (d) Effect of determination. - In the event that a determination is made by the court that a

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person is a sexually violent predator, that person shall be required to register and verify his or her

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address in accordance with sections 11-37.1-3, 11-37.1-4 and 11-37.1-8(b).

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      (3) No cause of action or liability shall arise or exist against the committee or any

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member or agent of the board as a result of the failure of the board to make any findings required

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by this section within the time period specified by subdivision (2) of this subsection.

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      (4) Notwithstanding any other provision of law, the board shall have access to all

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relevant records and information in the possession of any state official or agency having a duty

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under sections 11-37.-5(a)(1) through (6), relating to the juvenile and adult offenders under

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review by the board, including, but not limited to, police reports; prosecutor's statements of

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probable cause, presentence investigations and reports, complete judgments and sentences,

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current classification referrals, juvenile and adult criminal history records, violation and

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disciplinary reports, all psychological evaluations and psychiatric evaluations, psychiatric

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hospital records, sex offender evaluations and treatment reports, substance abuse evaluations and

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treatment reports to the extent allowed by federal law. Records and information obtained by the

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board of review under this subsection shall remain confidential, provided that the board of review

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may disclose the records and information to the sentencing court in accordance with the

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provisions of this chapter.

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

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the FBI. -- The person required to provide notice in accordance with section 11-37.1-5(b) and the

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local law enforcement agencies required to register persons who have a duty to register in

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accordance with section 11-37.1-4, shall, within three (3) days after receipt of information

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defined in that section, forward it to a designated state law enforcement agency. The state law

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enforcement agency shall immediately enter the information into the appropriate state law

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enforcement record system. The state law enforcement agency shall also immediately transmit the

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conviction data and fingerprints to the Federal Bureau of Investigation.

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     11-37.1-8. Verification of address. -- (a) For a person required to register under section

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11-37.1-3(a)(1) or (2) on each anniversary of the person's initial registration date during the

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period in which the person is required to register:

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      (1) The sex offender community notification unit of the parole board shall mail a non-

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forwardable verification form to the last reported address of the person;

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      (2) The person shall mail the verification form to the sex offender community

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notification unit within ten (10) days after receipt of the form;

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      (3) The verification form shall be signed by the person, and state that the person still

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resides at the address last reported to the local law enforcement agency having jurisdiction over

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the city or town in which the person having the duty to register resides; and

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      (4) If the person fails to mail the verification form to the sex offender community

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notification unit of the parole board within ten (10) days after receipt of the form, the person shall

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be in violation of this chapter unless the person proves that the person has not changed the

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residence address from that which he or she last registered.

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      (b) The provisions of subdivisions (1) -- (4) of this section shall apply to a person

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required to register under section 11-37.1-3(a)(3), (4), or (5), except that the registration address

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verification shall take place quarterly.

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     11-37.1-9. Notification of local law enforcement agencies of changes in address. -- (a)

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Duty of local law enforcement agency; Interstate moves. - For any person required to register

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under this chapter, the local law enforcement agency having jurisdiction where the person is

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residing, shall, if the person changes residence to another state, notify the law enforcement

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agency with which the person must register in the new state, if the new state has a registration

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requirement and notify the designated state law enforcement agency.

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      (b) Duty of person required to register; Interstate moves. - A person who has been

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convicted of an offense which required registration under this chapter shall register the new

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address with a designated state law enforcement agency in another state to which the person

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moves in accordance with the new state's sex offender registration statute.

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      (c) Duty of law enforcement agency; Changes of residence within the state. - For any

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person required to register under this chapter, the local law enforcement agency having

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jurisdiction where the person is residing, shall, if the person changes residence to another city or

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town in Rhode Island, notify the local law enforcement agency with which the person must

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register in the new city or town and notify the state designated law enforcement agency.

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      (d) Duty of person required to register; Changes of residence within the state. - A person

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who has been convicted of an offense which requires registration under this chapter and who

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changes his or her residence address to another city or town in Rhode Island, shall notify the local

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law enforcement agency in the city or town from which the person is moving before the person

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establishes residence in the new location, and shall register with the local law enforcement

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agency in the city or town in which the person is moving not later than twenty-four (24) hours

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after the person establishes residence in the new city or town.

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     11-37.1-10. Penalties. -- (a) Any person who is required to register or verify his or her

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address, who knowingly fails to do so, shall be guilty of a felony and upon conviction be

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imprisoned not more than ten (10) years, or fined not more than ten thousand dollars ($10,000),

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or both.

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      (b) Any person who is required to register or verify his or her address, who knowingly

10-31

fails to do so, shall be in violation of the terms of his or her release, regardless of whether or not

10-32

the term was a special condition of his or her release on probation, parole or home confinement or

10-33

other form of supervised release.

10-34

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

11-1

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

11-2

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

11-3

representative.

11-4

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

11-5

required in the following instances:

11-6

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

11-7

purposes;

11-8

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

11-9

background checks;

11-10

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

11-11

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

11-12

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

11-13

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

11-14

and

11-15

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

11-16

section 11-37.1-12.

11-17

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

11-18

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

11-19

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

11-20

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

11-21

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

11-22

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

11-23

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

11-24

released.

11-25

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

11-26

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

11-27

this section.

11-28

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

11-29

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

11-30

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

11-31

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

11-32

in accordance with the parole board guidelines shall be notified;

11-33

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

11-34

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

12-1

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

12-2

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

12-3

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

12-4

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

12-5

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

12-6

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

12-7

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

12-8

public release of identifying information of tier three sex offenders who have been convicted,

12-9

provided that no identifying information of a juvenile shall be listed on the web site.

12-10

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

12-11

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

12-12

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

12-13

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

12-14

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

12-15

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

12-16

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

12-17

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

12-18

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

12-19

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

12-20

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

12-21

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

12-22

provisions of this chapter.

12-23

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

12-24

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

12-25

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

12-26

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

12-27

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

12-28

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

12-29

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

12-30

accordance with section 11-37.1-12(c)(2)(ii) or (iii) [section 11-37.1-12(b)] together with the

12-31

level, form and nature that the notification will take;

12-32

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

12-33

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

12-34

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

13-1

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

13-2

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

13-3

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

13-4

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

13-5

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

13-6

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

13-7

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

13-8

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

13-9

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

13-10

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

13-11

reasons specified for the reversal by the court;

13-12

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

13-13

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

13-14

and

13-15

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

13-16

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

13-17

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

13-18

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

13-19

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

13-20

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

13-21

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

13-22

juvenile offender resides or intends to reside upon release.

13-23

     11-37.1-14. Preliminary proceedings on objection to community notification --

13-24

Procedures. -- Upon receipt of a request from a person subject to community notification under

13-25

section 11-37.1-12(c)(2)(ii) or (iii) [section 11-37.1-12(b)] the superior court, or the family court

13-26

of the county in which the person resides or intends to reside upon release, shall:

13-27

      (1) Set a date for hearing and decision on the matter;

13-28

      (2) Provide notice of the date for the hearing to both the applicant or his or her counsel

13-29

and to the attorney general;

13-30

      (3) Appoint counsel for the applicant if he or she cannot afford one; and

13-31

      (4) Direct that the attorney general promptly provide copies of all papers, documents and

13-32

other materials which formed the basis for the determination of the level and manner of

13-33

community notification be provided to the court and the applicant or his or her counsel.

13-34

     11-37.1-15. Application hearing procedures. -- (a) On the date set for the hearing on

14-1

the review of the application the court shall:

14-2

      (1) In camera, review the materials provided in accordance with section 11-37.1-14(4);

14-3

      (2) Determine whether and to what extent the production of witnesses and cross

14-4

examination shall be required or permitted depending on the complexities of the matter involved,

14-5

the extent of doubt concerning the correctness of the level, nature and extent of the notification

14-6

proposed; and

14-7

      (3) Presume the need for a prompt determination.

14-8

      (b) In any application hearing proceeding the rules of evidence shall not apply and the

14-9

court may rely on documentary presentations, including expert opinion on all issues.

14-10

      (c) Nothing in this section should be construed to allow the applicant to relitigate the

14-11

adjudication of guilt.

14-12

     11-37.1-16. Application review -- Burden of production and persuasion. -- (a) In any

14-13

proceeding under this chapter, the state shall have the burden of going forward, which burden

14-14

shall be satisfied by the presentation of a prima facie case that justifies the proposed level of and

14-15

manner of notification.

14-16

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

14-17

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

14-18

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

14-19

assessment tool.

14-20

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

14-21

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

14-22

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

14-23

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

14-24

pursuant to this chapter.

14-25

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

14-26

pertaining to a person who has been convicted of any of the violations of any offense listed in

14-27

section 11-37.1-2, so long as the information has been gathered or obtained through sources other

14-28

than the registration process provided by this chapter. Provided further, that nothing in this

14-29

section shall be deemed to authorize the release of any information pertaining to any victim of

14-30

any offense listed in section 11-37.1-2.

14-31

     11-37.1-17. Immunity for good faith conduct. -- Any person who performs any act or

14-32

fails to perform any act pursuant to this chapter shall have good faith immunity from any liability,

14-33

civil or criminal, that might be incurred as a result of the performance of or the failure to perform

14-34

any act pursuant to this chapter.

15-1

     11-37.1-18. Continuation of prior duty to register. -- Any person who pursuant to the

15-2

provisions of former section 11-37-16 had a duty to register under that section after having been

15-3

convicted of any violation of the provisions of chapter 37 of this title, or for a conviction in

15-4

another state of first degree sexual assault which if committed in this state would constitute a

15-5

violation of chapter 37 of this title, shall have the duty to register in accordance with the

15-6

provisions of this chapter. Nothing in this section shall be construed to abrogate any duty to

15-7

register which exists or existed under the provisions of former section 11-37-16.

15-8

     11-37.1-19. Severability. -- If any provision of this chapter or its application to any

15-9

person or circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality

15-10

shall not affect other provisions or applications of this chapter which can be given effect without

15-11

the invalid or unconstitutional provision or application, and to this end the provisions of this

15-12

chapter are declared to be severable.

15-13

     11-37.1-20. Remand to sex offender board of review. -- Upon application by the

15-14

attorney general or counsel for the sex offender, the court may remand any case pending

15-15

adjudication of sexually violent predator status back to the sex offender board of review for

15-16

further determination of sexually violent predator status and community notification level

15-17

pursuant to section 11-37.1-6.

15-18

     SECTION 2. Title 11 of the General Laws entitled "Criminal Offenses" is hereby

15-19

amended by adding thereto the following chapter:

15-20

     CHAPTER 37.2

15-21

THE RHODE ISLAND SEXUAL PREDATORS ACT

15-22

     11-37.2-1. Short title. -- This chapter shall be known and may be cited as "The Rhode

15-23

Island Sexual Predators Act."

15-24

     11-37.2-2. Definitions. -- As used in this chapter, the term:

15-25

     (a)  "Chief of police" means the chief law enforcement officer of a municipality.

15-26

     (b)  "Community" means any county where the sexual predator lives or otherwise

15-27

establishes or maintains a temporary or permanent residence.

15-28

     (c)  "Conviction" means a determination of guilt which is the result of a trial or the entry

15-29

of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. A

15-30

conviction for a similar offense includes, but is not limited to, a conviction by a federal or

15-31

military tribunal, including courts-martial conducted by the Armed Forces of the United States,

15-32

and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in

15-33

any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a

15-34

fine, probation, community control, parole, conditional release, control release, or incarceration in

16-1

a state prison or federal prison.

16-2

     (d)  "Department" means the federal, state, and local law enforcement departments.

16-3

     (e)  "Entering the county" includes being discharged from a correctional facility or jail or

16-4

secure treatment facility within the county or being under supervision within the county for the

16-5

commission of a violation enumerated in section 11-37.2-4.

16-6

     (f)  "Permanent residence" means a place where the person abides, lodges, or resides for

16-7

fourteen (14) or more consecutive days.

16-8

     (g)  "Temporary residence" means a place where the person abides, lodges, or resides for

16-9

a period of fourteen (14) or more days in the aggregate during any calendar year and which is not

16-10

the person's permanent address; for a person whose permanent residence is not in this state, a

16-11

place where the person is employed, practices a vocation, or is enrolled as a student for any

16-12

period of time in this state; or a place where the person routinely abides, lodges, or resides for a

16-13

period of four (4) or more consecutive or nonconsecutive days in any month and which is not the

16-14

person's permanent residence, including any out-of-state address.

16-15

     (h)  "Institution of higher education" means a community college, college, state

16-16

university, or independent postsecondary institution.

16-17

     (i)  "Change in enrollment or employment status" means the commencement or

16-18

termination of enrollment or employment or a change in location of enrollment or employment.

16-19

     11-37.2-3. Legislative findings and purpose -- Legislative intent. -- (a) Repeat sexual

16-20

offenders, sexual offenders who use physical violence and sexual offenders who prey on children

16-21

are sexual predators who present an extreme threat to the public safety. Sexual offenders are

16-22

extremely likely to use physical violence and to repeat their offenses, and most sexual offenders

16-23

commit many offenses, have many more victims than are ever reported, and are prosecuted for

16-24

only a fraction of their crimes. This makes the cost of sexual offender victimization to society at

16-25

large, while incalculable, clearly exorbitant.

16-26

     (b) The high level of threat that a sexual predator presents to the public safety, and the

16-27

long-term effects suffered by victims of sex offenses, provide the state with sufficient justification

16-28

to implement a strategy that includes:

16-29

     (1)  Incarcerating sexual predators and maintaining adequate facilities to ensure that

16-30

decisions to release sexual predators into the community are not made on the basis of inadequate

16-31

space.

16-32

     (2)  Providing for specialized supervision of sexual predators who are in the community

16-33

by specially trained probation officers. The sexual predator is subject to specified terms and

16-34

conditions implemented at sentencing or at the time of release from incarceration, with a

17-1

requirement that those who are financially able must pay all or part of the costs of supervision.

17-2

     (3)  Requiring the registration of sexual predators, with a requirement that complete and

17-3

accurate information be maintained and accessible for use by law enforcement authorities,

17-4

communities, and the public.

17-5

     (4)  Providing for community and public notification concerning the presence of sexual

17-6

predators.

17-7

     (5)  Prohibiting sexual predators from working with children, either for compensation or

17-8

as a volunteer.

17-9

     (c) The state has a compelling interest in protecting the public from sexual predators and

17-10

in protecting children from predatory sexual activity, and there is sufficient justification for

17-11

requiring sexual predators to register and for requiring community and public notification of the

17-12

presence of sexual predators.

17-13

     (d) It is the purpose of the general assembly that, upon the court's written finding that an

17-14

offender is a sexual predator, in order to protect the public, it is necessary that the sexual predator

17-15

be registered with the state department of the attorney general and local police department and

17-16

that members of the community and the public be notified of the sexual predator's presence. The

17-17

designation of a person as a sexual predator is neither a sentence nor a punishment but simply a

17-18

status resulting from the conviction of certain crimes.

17-19

     (e) It is the intent of the general assembly to address the problem of sexual predators by:

17-20

     (1)  Requiring sexual predators supervised in the community to have special conditions of

17-21

supervision and to be supervised by probation officers with low caseloads;

17-22

     (2)  Requiring sexual predators to register with the Rhode Island department of the

17-23

attorney general and other local law enforcement, as provided in this chapter; and

17-24

     (3)  Requiring community and public notification of the presence of a sexual predator, as

17-25

provided in this section.

17-26

     11-37.2-4. Sexual predator criteria. – (a) For a current offense committed on or after

17-27

July 1, 2006, upon conviction, an offender shall be designated as a "sexual predator" under

17-28

section 11-37.2-5, and subject to registration under section 11-37.2-6 and community and public

17-29

notification under section 11-37.2-7 if:

17-30

     (1) "Criminal offense against a victim who is a minor” includes any of the following

17-31

offenses or any offense in another jurisdiction which is substantially the equivalent of the

17-32

following or for which the person is or would be required to register under 42 U.S.C. sections

17-33

14071 or 18 U.S.C. section 4042(c); kidnapping or false imprisonment of a minor, in violation of

17-34

sections 11-26-1.4, 11-26-1 or 11-26-2, where the victim of the offense is sixteen (16) years of

18-1

age or older and under the age of eighteen (18) years; any violation of sections 11-37-6, 11-37-8,

18-2

11-37-8.1, or 11-37-8.3; any violation of section 11-1-10, where the underlying offense is a

18-3

violation of chapter 34 of this title and the victim or person solicited to commit the offense is

18-4

under the age of eighteen (18) years; any violation of subsections 11-9-1(b) or (c); or murder in

18-5

violation of section 11-23-1 where the murder was committed in the perpetration;

18-6

     (2) "Sexually violent offense" means and includes any violation of sections 11-37-2, 11-

18-7

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

18-8

assault, or section 11-23-1 where the murder was committed in the perpetration of, or attempted

18-9

perpetration of, rape or any degree of sexual assault or child molestation, or any offense in

18-10

another jurisdiction which is substantially the equivalent of any offense listed in this subsection or

18-11

for which the person is or would be required to register under 42 U.S.C. section 14071 or 18

18-12

U.S.C. section 4042(c);

18-13

     (3)  The offender has not received a pardon for any felony or similar law of another

18-14

jurisdiction that is necessary for the operation of this chapter; and

18-15

     (4)  A conviction of a felony or similar law of another jurisdiction necessary to the

18-16

operation of this chapter has not been set aside in any post conviction proceeding.

18-17

     (b) In order to be counted as a prior felony for purposes of this subsection, the felony

18-18

must have resulted in a conviction or an adjudication of delinquency prior to the current offense.

18-19

     (c) If an offender has been registered as a sexual predator by the department of

18-20

corrections, the department of the attorney general, or any other law enforcement agency and if:

18-21

     (1)  The court did not, for whatever reason, make a written finding at the time of

18-22

sentencing that the offender was a sexual predator; or

18-23

     (2)  The offender was administratively registered as a sexual predator because the

18-24

department of corrections, the department, or any other law enforcement agency obtained

18-25

information that indicated that the offender met the criteria for designation as a sexual predator

18-26

based on a violation of a similar law in another jurisdiction, the department shall remove that

18-27

offender from the department's list of sexual predators and shall notify the attorney general who

18-28

prosecuted the offense that met the criteria for administrative designation as a sexual predator,

18-29

and for an offender described under this chapter, shall notify the attorney general where the

18-30

offender establishes or maintains a permanent or temporary residence. The attorney general shall

18-31

bring the matter to the court's attention in order to establish that the offender meets the criteria for

18-32

designation as a sexual predator. If the court makes a written finding that the offender is a sexual

18-33

predator, the offender must be designated as a sexual predator, must register or be registered as a

18-34

sexual predator with the department as provided in section 11-37.2-6, and is subject to the

19-1

community and public notification as provided in section 11-37.2-7. If the court does not make a

19-2

written finding that the offender is a sexual predator, the offender may not be designated as a

19-3

sexual predator with respect to that offense and is not required to register or be registered as a

19-4

sexual predator with the department.

19-5

     (d) An offender who has been determined to be a sexually violent predator shall be

19-6

designated as a "sexual predator" under section 11-37.2-5 and subject to registration under section

19-7

11-37.2-6 and community and public notification under section 11-37.2-7.

19-8

     11-37.2-5. Sexual predator designation. -- An offender is designated as a sexual

19-9

predator as follows:

19-10

     (a)(1)  An offender who meets the sexual predator criteria described in section 11-37.2-4

19-11

(4)(d) is a sexual predator, and the court shall make a written finding at the time such offender is

19-12

determined to be a sexually violent predator that such person meets the criteria for designation as

19-13

a sexual predator for purposes of this section. The clerk shall transmit a copy of the order

19-14

containing the written findings to the department of the attorney general within forty-eight (48)

19-15

hours after the entry of the order;

19-16

     (2)  An offender who meets the sexual predator criteria described in section 11-37.2-4(a)

19-17

who is before the court for sentencing for a current offense committed on or after July 1, 2006, is

19-18

a sexual predator, and the sentencing court must make a written finding at the time of sentencing

19-19

that the offender is a sexual predator, and the clerk of the court shall transmit a copy of the order

19-20

containing the written findings to the department of the attorney general within forty-eight (48)

19-21

hours after the entry of the order; or

19-22

     (3)  If the department of corrections, the department of the attorney general, or any other

19-23

law enforcement agency obtains information which indicates that an offender who establishes or

19-24

maintains a permanent or temporary residence in this state meets the sexual predator criteria

19-25

described in section 11-37.2-4(a) or 11-37.2-4(d) because the offender has committed or

19-26

committed a similar violation in another jurisdiction on or after July 1, 2006, the department of

19-27

corrections, the department, or the law enforcement agency shall notify the attorney general of the

19-28

county where the offender establishes or maintains a permanent or temporary residence of the

19-29

offender's presence in the community. The attorney general shall file a petition with the criminal

19-30

division of the court for the purpose of holding a hearing to determine if the offender's criminal

19-31

record or record of civil commitment from another jurisdiction meets the sexual predator criteria.

19-32

If the court finds that the offender meets the sexual predator criteria because the offender has

19-33

violated a similar law or similar laws in another jurisdiction, the court shall make a written

19-34

finding that the offender is a sexual predator. When the court makes a written finding that an

20-1

offender is a sexual predator, the court shall inform the sexual predator of the registration and

20-2

community and public notification requirements described in this section. Within forty-eight (48)

20-3

hours after the court designating an offender as a sexual predator, the clerk of the court shall

20-4

transmit a copy of the court's written sexual predator findings to the department of the attorney

20-5

general. If the offender is sentenced to a term of imprisonment or supervision, a copy of the

20-6

court's written sexual predator finding must be submitted to the Department of Corrections.

20-7

     (b) If a sexual predator is not sentenced to a term of imprisonment, the clerk of the court

20-8

shall ensure that the sexual predator's fingerprints are taken and forwarded to the department of

20-9

the attorney general within forty-eight (48) hours after the court renders its written sexual

20-10

predator finding. The fingerprint card shall be clearly marked, "Sexual Predator Registration

20-11

Card." The clerk of the court that convicts and sentences the sexual predator for the offense or

20-12

offenses described in section 11-37.2-4 shall forward to the department of the attorney general

20-13

and to the department of corrections a certified copy of any order entered by the court imposing

20-14

any special condition or restriction on the sexual predator which restricts or prohibits access to

20-15

the victim, if the victim is a minor, or to other minors.

20-16

     (c) If the department of corrections, the department of the attorney general, or any other

20-17

law enforcement agency obtains information which indicates that an offender meets the sexual

20-18

predator criteria but the court did not make a written finding that the offender is a sexual predator

20-19

as required in subsection (a), the department of corrections, the department, or the law

20-20

enforcement agency shall notify the attorney general who prosecuted the offense for offenders

20-21

described in subsection (a)(1), upon first entering the state for offenders described in subsection

20-22

(a)(3). The state attorney general shall bring the matter to the court's attention in order to establish

20-23

that the offender meets the sexual predator criteria. If the state attorney general fails to establish

20-24

that an offender meets the sexual predator criteria and the court does not make a written finding

20-25

that an offender is a sexual predator, the offender is not required to register with the department

20-26

of the attorney general as a sexual predator. The department of corrections, the department, or any

20-27

other law enforcement agency shall not administratively designate an offender as a sexual

20-28

predator without a written finding from the court that the offender is a sexual predator.

20-29

     (d) A person who establishes or maintains a residence in this state and who has not been

20-30

designated as a sexual predator by a court of this state but who has been designated as a sexual

20-31

predator, as a sexually violent predator, or by another sexual offender designation in another state

20-32

or jurisdiction and was, as a result of such designation, subjected to registration or community or

20-33

public notification, or both, or would be if the person was a resident of that state or jurisdiction,

20-34

shall register, shall be subject to community and public notification as provided in this chapter. A

21-1

person who meets the criteria of this chapter is subject to the requirements and penalty provisions

21-2

of this chapter until the person provides the department of the attorney general with an order

21-3

issued by the court that designated the person as a sexual predator, as a sexually violent predator,

21-4

or by another sexual offender designation in the state or jurisdiction in which the order was issued

21-5

which states that such designation has been removed or demonstrates to the department of the

21-6

attorney general that such designation, if not imposed by a court, has been removed by operation

21-7

of law or court order in the state or jurisdiction in which the designation was made, and provided

21-8

such person no longer meets the criteria for registration as a sexual offender under the laws of this

21-9

state.

21-10

     11-37.2-6. Registration. -- (a) A sexual predator must register with the department of the

21-11

attorney general by providing the following information to the department of the attorney general:

21-12

     (1)  Name, social security number, age, race, sex, date of birth, height, weight, hair and

21-13

eye color, photograph, address of legal residence and address of any current temporary residence,

21-14

within the state or out of state, including a rural route address and a post office box, date and

21-15

place of any employment, date and place of each conviction, fingerprints, and a brief description

21-16

of the crime or crimes committed by the offender. A post office box shall not be provided in lieu

21-17

of a physical residential address.

21-18

     (i)  If the sexual predator's place of residence is a motor vehicle, trailer, mobile home, or

21-19

manufactured home, the sexual predator shall also provide to the department of the attorney

21-20

general written notice of the vehicle identification number; the license tag number; the

21-21

registration number; and a description, including color scheme, of the motor vehicle, trailer,

21-22

mobile home, or manufactured home. If a sexual predator's place of residence is a vessel, live-

21-23

aboard vessel, or houseboat, the sexual predator shall also provide to the department of the

21-24

attorney general written notice of the hull identification number; the manufacturer's serial

21-25

number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a

21-26

description, including color scheme, of the vessel, live-aboard vessel, or houseboat.

21-27

     (ii)  If the sexual predator is enrolled, employed, or carrying on a vocation at an

21-28

institution of higher education in this state, the sexual predator shall also provide to the

21-29

department of the attorney general the name, address, and county of each institution, including

21-30

each campus attended, and the sexual predator's enrollment or employment status. Each change in

21-31

enrollment or employment status shall be reported in person at the sheriff's office, or the

21-32

department of corrections if the sexual predator is in the custody or control of or under the

21-33

supervision of the department of corrections, within forty-eight (48) hours after any change in

21-34

status. The sheriff or the department of corrections shall promptly notify each institution of the

22-1

sexual predator's presence and any change in the sexual predator's enrollment or employment

22-2

status.

22-3

     (2)  Any other information determined necessary by the department of the attorney

22-4

general, including criminal and corrections records; nonprivileged personnel and treatment

22-5

records; and evidentiary genetic markers when available.

22-6

     (b) If the sexual predator is in the custody or control of, or under the supervision of, the

22-7

department of corrections, or is in the custody of a private correctional facility, the sexual

22-8

predator must register with the department of corrections. The department of corrections shall

22-9

provide to the department of the attorney general registration information and the location of, and

22-10

local telephone number for, any department of corrections office that is responsible for

22-11

supervising the sexual predator. In addition, the department of corrections shall notify the

22-12

department of the attorney general if the sexual predator escapes or absconds from custody or

22-13

supervision or if the sexual predator dies.

22-14

     (c) If the sexual predator is in the custody of a local jail, the custodian of the local jail

22-15

shall register the sexual predator and forward the registration information to the department of the

22-16

attorney general. The custodian of the local jail shall also take a digitized photograph of the

22-17

sexual predator while the sexual predator remains in custody and shall provide the digitized

22-18

photograph to the department of the attorney general. The custodian shall notify the department

22-19

of the attorney general if the sexual predator escapes from custody or dies.

22-20

     (d) If the sexual predator is under federal supervision, the federal agency responsible for

22-21

supervising the sexual predator may forward to the department of the attorney general any

22-22

information regarding the sexual predator which is consistent with the information provided by

22-23

the department of corrections under this section, and may indicate whether use of the information

22-24

is restricted to law enforcement purposes only or may be used by the department for purposes of

22-25

public notification.

22-26

     (e) If the sexual predator is not in the custody or control of, or under the supervision of,

22-27

the department of corrections, or is not in the custody of a private correctional facility, and

22-28

establishes or maintains a residence in the state, the sexual predator shall register in person at an

22-29

office of the department of the attorney general, within forty-eight (48) hours after establishing

22-30

permanent or temporary residence in this state. Any change in the sexual predator's permanent or

22-31

temporary residence or name, after the sexual predator registers in person at an office of the

22-32

department of the attorney general shall be accomplished in the manner provided in paragraphs

22-33

(j), (k), and (l).

22-34

     (f) Within forty-eight (48) hours after the registration required under subsection (a) or

23-1

subsection (g), a sexual predator who is not incarcerated and who resides in the community,

23-2

including a sexual predator under the supervision of the department of corrections, shall register

23-3

in person at a driver's license office of the department of motor vehicles and shall present proof of

23-4

registration. At the driver's license office the sexual predator shall:

23-5

     (1)  If otherwise qualified, secure a Rhode Island driver's license, renew a Rhode Island

23-6

driver's license, or secure an identification card. The sexual predator shall identify himself or

23-7

herself as a sexual predator who is required to comply with this section, provide his or her place

23-8

of permanent or temporary residence, including a rural route address and a post office box, and

23-9

submit to the taking of a photograph for use in issuing a driver's license, renewed license, or

23-10

identification card, and for use by the department of the attorney general in maintaining current

23-11

records of sexual predators. A post office box shall not be provided in lieu of a physical

23-12

residential address. If the sexual predator's place of residence is a motor vehicle, trailer, mobile

23-13

home, or manufactured home, the sexual predator shall also provide to the department of motor

23-14

vehicles the vehicle identification number; the license tag number; the registration number; and a

23-15

description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured

23-16

home. If a sexual predator's place of residence is a vessel, live-aboard vessel, or houseboat, the

23-17

sexual predator shall also provide to the department of motor vehicles the hull identification

23-18

number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or

23-19

houseboat; the registration number; and a description, including color scheme, of the vessel, live-

23-20

aboard vessel, or houseboat.

23-21

     (2)  Pay the costs assessed by the department of motor vehicles for issuing or renewing a

23-22

driver's license or identification card as required by this section.

23-23

     (3)  Provide, upon request, any additional information necessary to confirm the identity

23-24

of the sexual predator, including a set of fingerprints.

23-25

     (g)(1)  Each time a sexual predator's driver's license or identification card is subject to

23-26

renewal, and, without regard to the status of the predator's driver's license or identification card,

23-27

within forty-eight (48) hours after any change of the predator's residence or change in the

23-28

predator's name by reason of marriage or other legal process, the predator shall report in person to

23-29

a driver's license office and shall be subject to the requirements specified in subsection (i). The

23-30

department of motor vehicles shall forward to the department of the attorney general and to the

23-31

department of corrections all photographs and information provided by sexual predators. The

23-32

department of motor vehicles is authorized to release a reproduction of a color-photograph or

23-33

digital-image license to law enforcement authorities for purposes of public notification of sexual

23-34

predators as provided in this chapter.

24-1

     (2)  A sexual predator who vacates a permanent residence and fails to establish or

24-2

maintain another permanent or temporary residence shall, within forty-eight (48) hours after

24-3

vacating the permanent residence, report in person to the department of the attorney general. The

24-4

sexual predator shall specify the date upon which he or she intends to or did vacate such

24-5

residence. The sexual predator must provide or update all of the registration information required

24-6

under subsection (a) herein. The sexual predator must provide an address for the residence or

24-7

other location that he or she is or will be occupying during the time in which he or she fails to

24-8

establish or maintain a permanent or temporary residence.

24-9

     (3) A sexual predator who remains at a permanent residence after reporting his or her

24-10

intent to vacate such residence shall, within forty-eight (48) hours after the date upon which the

24-11

predator indicated he or she would or did vacate such residence, report in person to the

24-12

department of the attorney general pursuant to subparagraph (2) herein, for the purpose of

24-13

reporting his or her address at such residence. An offender who makes a report as required under

24-14

subparagraph (2) herein, but fails to make a report as required under this subparagraph commits a

24-15

felony punishable by no more than fifteen (15) years, a fine not to exceed ten thousand dollars

24-16

($10,000) or both.

24-17

     (h) When the sexual predator registers at an office of the department of the attorney

24-18

general, the department of the attorney general must notify the police chief of the municipality,

24-19

where the sexual predator maintains a residence within forty-eight (48) hours after the sexual

24-20

predator registers with the department of the attorney general.

24-21

     (i) A sexual predator who intends to establish residence in another state or jurisdiction

24-22

shall report in person to the department of the attorney general within forty-eight (48) hours

24-23

before the date he or she intends to leave this state to establish residence in another state or

24-24

jurisdiction. The sexual predator must provide to the department of the attorney general the

24-25

address, municipality, county, and state of intended residence. The department of the attorney

24-26

general shall notify the statewide law enforcement agency, or a comparable agency, in the

24-27

intended state or jurisdiction of residence of the sexual predator's intended residence. The failure

24-28

of a sexual predator to provide his or her intended place of residence is punishable as provided in

24-29

section 11-37.2-11.

24-30

     (j) A sexual predator who indicates his or her intent to reside in another state or

24-31

jurisdiction and later decides to remain in this state shall, within forty-eight (48) hours after the

24-32

date upon which the sexual predator indicated he or she would leave this state, report in person to

24-33

the department of the attorney general of his or her intent to remain in this state. A sexual

24-34

predator who reports his or her intent to reside in another state or jurisdiction, but who remains in

25-1

this state without reporting to the department of the attorney general in the manner required by

25-2

this paragraph, commits a felony punishable by no more than fifteen (15) years, a fine not to

25-3

exceed ten thousand dollars ($10,000) or both.

25-4

     (k)(1)  The department of the attorney general is responsible for the online maintenance

25-5

of current information regarding each registered sexual predator. The department of the attorney

25-6

general must maintain hotline access for state, local, and federal law enforcement agencies to

25-7

obtain instantaneous locator file and offender characteristics information on all released

25-8

registered sexual predators for purposes of monitoring, tracking, and prosecution. The photograph

25-9

and fingerprints do not have to be stored in a computerized format.

25-10

     (2)  The department of the attorney general's sexual predator registration list, containing

25-11

the information described in subparagraph (a)(1) herein, is a public record. The department of the

25-12

attorney general is authorized to disseminate this public information by any means deemed

25-13

appropriate, including operating a toll-free telephone number for this purpose. When the

25-14

department of the attorney general provides information regarding a registered sexual predator to

25-15

the public, department personnel must advise the person making the inquiry that positive

25-16

identification of a person believed to be a sexual predator cannot be established unless a

25-17

fingerprint comparison is made, and that it is illegal to use public information regarding a

25-18

registered sexual predator to facilitate the commission of a crime.

25-19

     (3)  The department of the attorney general shall adopt guidelines as necessary regarding

25-20

the registration of sexual predators and the dissemination of information regarding sexual

25-21

predators as required by this section.

25-22

     (l) A sexual predator must maintain registration with the department of the attorney

25-23

general for the duration of his or her life, unless the sexual predator has received a full pardon or

25-24

has had a conviction set aside in a post conviction proceeding for any offense that met the criteria

25-25

for the sexual predator designation. However, a sexual predator who was designated as a sexual

25-26

predator by a court before July 1, 2006, and who has been lawfully released from confinement,

25-27

supervision, or sanction, whichever is later, for at least ten (10) years and has not been arrested

25-28

for any felony or misdemeanor offense since release, may petition the criminal division of the

25-29

superior court in the district in which the sexual predator resides for the purpose of removing the

25-30

sexual predator designation. A sexual predator who was designated a sexual predator by a court

25-31

on or after July 1, 2006, who has been lawfully released from confinement, supervision, or

25-32

sanction, whichever is later, for at least twenty (20) years, and who has not been arrested for any

25-33

felony or misdemeanor offense since release may petition the criminal division of the superior

25-34

court in the district in which the sexual predator resides for the purpose of removing the sexual

26-1

predator designation. A sexual predator who was designated as a sexual predator by a court on or

26-2

after July 1, 2006, who has been lawfully released from confinement, supervision, or sanction,

26-3

whichever is later, for at least thirty (30) years, and who has not been arrested for any felony or

26-4

misdemeanor offense since release may petition the criminal division of the superior court in the

26-5

district in which the sexual predator resides for the purpose of removing the sexual predator

26-6

designation. A sexual predator who was designated a sexual predator by a court on or after

26-7

October 1, 2005, who has been lawfully released from confinement, supervision or sanction,

26-8

whichever is later, for at least thirty (30) years and who has not been arrested for any felony or

26-9

misdemeanor offense since release may petition the criminal division of the circuit court in the

26-10

circuit in which the sexual predator resides for the purpose of removing the sexual predator

26-11

designation. The court may grant or deny such relief if the petitioner demonstrates to the court

26-12

that he or she has not been arrested for any crime since release, the requested relief complies with

26-13

the provisions of the federal Jacob Wetterling Act, as amended, and any other federal standards

26-14

applicable to the removal of the designation as a sexual predator or required to be met as a

26-15

condition for the receipt of federal funds by the state, and the court is otherwise satisfied that the

26-16

petitioner is not a current or potential threat to public safety. The attorney general must be given

26-17

notice of the petition at least three (3) weeks before the hearing on the matter. The attorney

26-18

general may present evidence in opposition to the requested relief or may otherwise demonstrate

26-19

the reasons why the petition should be denied. If the court denies the petition, the court may set a

26-20

future date at which the sexual predator may again petition the court for relief, subject to the

26-21

standards for relief provided in this paragraph. Unless specified in the order, a sexual predator

26-22

who is granted relief under this section must comply with the requirements for registration as a

26-23

sexual offender. If a petitioner obtains an order from the court that imposed the order designating

26-24

the petitioner as a sexual predator which removes such designation, the petitioner shall forward a

26-25

certified copy of the written findings or order to the department of the attorney general in order to

26-26

have the sexual predator designation removed from the sexual predator registry.

26-27

     11-37.2-7. Community and public notification. -- (a) Law enforcement agencies must

26-28

inform members of the community and the public of a sexual predator's presence. Upon

26-29

notification of the presence of a sexual predator, the chief of police of the municipality where the

26-30

sexual predator establishes or maintains a permanent or temporary residence shall notify members

26-31

of the community and the public of the presence of the sexual predator in a manner deemed

26-32

appropriate by the chief of police. Within forty-eight (48) hours after receiving notification of the

26-33

presence of a sexual predator, the chief of police of the municipality where the sexual predator

26-34

temporarily or permanently resides shall notify each licensed day care center, elementary school,

27-1

middle school, and high school within a one mile radius of the temporary or permanent residence

27-2

of the sexual predator of the presence of the sexual predator. Information provided to members of

27-3

the community and the public regarding a sexual predator must include:

27-4

     (1)  The name of the sexual predator;

27-5

     (2)  A description of the sexual predator, including a photograph;

27-6

     (3)  The sexual predator's current address, including the name of the county or

27-7

municipality if known;

27-8

     (4)  The circumstances of the sexual predator's offense or offenses; and

27-9

     (5)  Whether the victim of the sexual predator's offense or offenses was, at the time of the

27-10

offense, a minor or an adult. This paragraph does not authorize the release of the name of any

27-11

victim of the sexual predator.

27-12

     (b) The police chief may coordinate the community and public notification efforts with

27-13

the department of the attorney general. Statewide notification to the public is authorized, as

27-14

deemed appropriate by local law enforcement personnel and the department.

27-15

     (c) The department of the attorney general shall notify the public of all designated sexual

27-16

predators through the Internet. The Internet notice shall include the information required by

27-17

subsection (a).

27-18

     (d) The department of the attorney general shall adopt a protocol to assist law

27-19

enforcement agencies in their efforts to notify the community and the public of the presence of

27-20

sexual predators.

27-21

     11-37.2-8. Verification. -- The department of the attorney general and the department of

27-22

corrections shall implement a system for verifying the addresses of sexual predators. The system

27-23

must be consistent with the provisions of the federal Jacob Wetterling Act, as amended, and any

27-24

other federal standards applicable to such verification or required to be met as a condition for the

27-25

receipt of federal funds by the state. The department of corrections shall verify the addresses of

27-26

sexual predators who are not incarcerated but who reside in the community under the supervision

27-27

of the department of corrections. State and local law enforcement agencies, in conjunction with

27-28

the department of the attorney general, shall verify the addresses of sexual predators who are not

27-29

under the care, custody, control, or supervision of the department of corrections.

27-30

     (a) A sexual predator must report in person each year during the month of the sexual

27-31

predator's birthday and during the sixth month following the sexual predator's birth month to the

27-32

department of the attorney general. The department of the attorney general may determine the

27-33

appropriate times and days for reporting by the sexual predator, which shall be consistent with the

27-34

reporting requirements of this paragraph. Reregistration shall include any changes to the

28-1

following information:

28-2

     (1)  Name; social security number; age; race; sex; date of birth; height; weight; hair and

28-3

eye color; address of any permanent residence and address of any current temporary residence,

28-4

within the state or out of state, including a rural route address and a post office box; date and

28-5

place of any employment; vehicle make, model, color, and license tag number; fingerprints; and

28-6

photograph. A post office box shall not be provided in lieu of a physical residential address.

28-7

     (2)  If the sexual predator is enrolled, employed, or carrying on a vocation at an

28-8

institution of higher education in this state, the sexual predator shall also provide to the

28-9

department the name, address, and county of each institution, including each campus attended,

28-10

and the sexual predator's enrollment or employment status.

28-11

     (3)  If the sexual predator's place of residence is a motor vehicle, trailer, mobile home, or

28-12

manufactured home, the sexual predator shall also provide the vehicle identification number; the

28-13

license tag number; the registration number; and a description, including color scheme, of the

28-14

motor vehicle, trailer, mobile home, or manufactured home. If the sexual predator's place of

28-15

residence is a vessel, live-aboard vessel, or houseboat, the sexual predator shall also provide the

28-16

hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard

28-17

vessel, or houseboat; the registration number; and a description, including color scheme, of the

28-18

vessel, live-aboard vessel, or houseboat.

28-19

     (b) This procedure shall be implemented by December 1, 2006.

28-20

     11-37.2-9. Immunity. -- The department of the attorney general, the department of motor

28-21

vehicles, the department of corrections, any law enforcement agency in this state, and the

28-22

personnel of those departments; an elected or appointed official, public employee, or school

28-23

administrator; or an employee, agency, or any individual or entity acting at the request or upon

28-24

the direction of any law enforcement agency is immune from civil liability for damages for good

28-25

faith compliance with the requirements of this section or for the release of information under this

28-26

section, and shall be presumed to have acted in good faith in compiling, recording, reporting, or

28-27

releasing the information. The presumption of good faith is not overcome if a technical or clerical

28-28

error is made by the department of the attorney general, the department of motor vehicles, the

28-29

department of corrections, the personnel of those departments, or any individual or entity acting

28-30

at the request or upon the direction of any of those departments in compiling or providing

28-31

information, or if information is incomplete or incorrect because a sexual predator fails to report

28-32

or falsely reports his or her current place of permanent or temporary residence.

28-33

     11-37.2-10. Conditions of release, parole, probation – Electronic monitoring. -- (a)

28-34

The Rhode Island parole board shall impose the following conditions upon the sexual predator

29-1

upon his/her release from confinement:

29-2

     (i) As part of a treatment program, participation in a minimum of one annual polygraph

29-3

examination to obtain information necessary for risk management and treatment and to reduce the

29-4

sex offender's denial mechanisms. The polygraph examination must be conducted by a

29-5

polygrapher trained specifically in the use of the polygraph for the monitoring of sex offenders,

29-6

where available, and at the expense of the sex offender. The results of the polygraph examination

29-7

shall not be used as evidence in a hearing to prove that a violation of supervision has occurred.

29-8

     (ii) Maintenance of a driving log and a prohibition against driving a motor vehicle alone

29-9

without the prior approval of the supervising officer.

29-10

     (iii) A prohibition against obtaining or using a post office box without the prior approval

29-11

of the supervising officer.

29-12

     (iv) If there was sexual contact, a submission to, at the probationer's or community

29-13

controllee's expense, an HIV test with the results to be released to the victim or the victim's parent

29-14

or guardian.

29-15

     (v) Electronic monitoring of any form when ordered by the parole board.

29-16

     (b) For any sexual predator who has been released from confinement and been placed on

29-17

electronic monitoring. The department of corrections shall use a system of active electronic

29-18

monitoring that identifies the location of a monitored offender and that can produce upon request

29-19

reports or records of the offender's presence near or within a crime scene or prohibited area or the

29-20

offender's departure from specified geographic limitations.

29-21

     (c) Conditions imposed pursuant to this section do not require oral pronouncement at the

29-22

time of sentencing and shall be considered standard conditions of parole and/or probation for

29-23

offenders specified in this section.

29-24

     11-37.2-11. Penalties. -- (a) Except as otherwise specifically provided, a sexual predator

29-25

who fails to register; who fails, after registration, to maintain, acquire, or renew a driver's license

29-26

or identification card; who fails to provide required location information or change-of-name

29-27

information; who fails to make a required report in connection with vacating a permanent

29-28

residence; who fails to reregister as required; who fails to respond to any address verification

29-29

correspondence from the department of the attorney general within three (3) weeks of the date of

29-30

the correspondence; or who otherwise fails, by act or omission, to comply with the requirements

29-31

of this section, commits a felony punishable by imprisonment of no more than fifteen (15) years,

29-32

a fine of ten thousand dollars ($10,000) or both.

29-33

     (b) A sexual predator who has been convicted of or found to have committed, or has pled

29-34

nolo contendere or guilty to, regardless of adjudication, any violation, or attempted violation,

30-1

where the victim is a minor and the defendant is not the victim's parent; or a violation of a similar

30-2

law of another jurisdiction, when the victim of the offense was a minor, and who works, whether

30-3

for compensation or as a volunteer, at any business, school, day care center, park, playground, or

30-4

other place where children regularly congregate, commits a felony punishable by imprisonment

30-5

of no more than fifteen (15) years, a fine not to exceed ten thousand dollars ($10,000) or both.

30-6

     (c) Any person who misuses public records information relating to a sexual predator, as

30-7

defined in this section, or a sexual offender, to secure a payment from such a predator or

30-8

offender; who knowingly distributes or publishes false information relating to such a predator or

30-9

offender which the person misrepresents as being public records information; or who materially

30-10

alters public records information with the intent to misrepresent the information, including

30-11

documents, summaries of public records information provided by law enforcement agencies, or

30-12

public records information displayed by law enforcement agencies on websites or provided

30-13

through other means of communication, commits a misdemeanor, punishable by imprisonment no

30-14

to exceed three (3) years or a fine not to exceed five thousand dollars ($5,000) or both.

30-15

     (d) A sexual predator who commits any act or omission in violation of this section may

30-16

be prosecuted for the act or omission in the county in which the act or omission was committed,

30-17

the county of the last registered address of the sexual predator, or the county in which the

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conviction occurred for the offense or offenses that meet the criteria for designating a person as a

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sexual predator. In addition, a sexual predator may be prosecuted for any such act or omission in

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the county in which he or she was designated a sexual predator.

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     (e) An arrest on charges of failure to register, the service of an information or a complaint

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for a violation of this section, or an arraignment on charges for a violation of this section

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constitutes actual notice of the duty to register when the predator has been provided and advised

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of his or her statutory obligation to register under section 11-37.2-6. A sexual predator's failure to

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immediately register as required by this chapter following such arrest, service, or arraignment

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constitutes grounds for a subsequent charge of failure to register. A sexual predator charged with

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the crime of failure to register who asserts, or intends to assert, a lack of notice of the duty to

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register as a defense to a charge of failure to register shall immediately register as required by this

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chapter. A sexual predator who is charged with a subsequent failure to register may not assert the

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defense of a lack of notice of the duty to register.

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     (f) Registration following such arrest, service, or arraignment is not a defense and does

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not relieve the sexual predator of criminal liability for the failure to register.

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     (g) Any person who has reason to believe that a sexual predator is not complying, or has

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not complied, with the requirements of this section and who, with the intent to assist the sexual

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predator in eluding a law enforcement agency that is seeking to find the sexual predator to

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question the sexual predator about, or to arrest the sexual predator for, his or her noncompliance

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with the requirements of this section:

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     (1)  Withholds information from, or does not notify, the law enforcement agency about

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the sexual predator's noncompliance with the requirements of this section, and, if known, the

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whereabouts of the sexual predator;

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     (2)  Harbors, or attempts to harbor, or assists another person in harboring or attempting to

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harbor, the sexual predator;

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     (3)  Conceals or attempts to conceal, or assists another person in concealing or attempting

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to conceal, the sexual predator; or

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     (4)  Provides information to the law enforcement agency regarding the sexual predator

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which the person knows to be false information, commits a felony punishable by imprisonment

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not to exceed five (5) years, a fine not to exceed five thousand dollars ($5,000) or both. This

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paragraph does not apply if the sexual predator is incarcerated in or is in the custody of a state

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correctional facility, a private correctional facility, a local jail, or a federal correctional facility.

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     11-37.2-12. Severability. – If any provision of this chapter or the application thereof to

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any person or circumstances is held invalid, such invalidity shall not affect other provisions or

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applications of the chapter, which can be given effect without the invalid provision or application,

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and to this end the provisions of this chapter are declared to be severable.

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     SECTION 3. This act shall take effect upon passage.

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LC00498

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO THE RHODE ISLAND SEXUAL PREDATORS ACT

***

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     This act would promulgate strict registration and notification requirements of sexual

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predators. Included in the requirement for community notification, Internet publication would

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also be required. There would be provisions for conditional release and electronic monitoring of

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sexual predators. This act would also provide strict penalties for noncompliance by sexual

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predators and persons harboring or assisting such persons.

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     This act would take effect upon passage.

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LC00498

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