2012 -- S 2293

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO CRIMINAL OFFENSES - SEXUAL OFFENDER REGISTRATION AND

COMMUNITY NOTIFICATION

     Introduced By: Senators Doyle, Hodgson, Tassoni, Ruggerio, and Algiere

     Date Introduced: February 01, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-37.1-16 of the General Laws in Chapter 11-37.1 entitled "Sexual

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

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

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

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

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manner of notification.

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

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

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

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assessment tool.

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

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

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

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

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pursuant to this chapter.

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     (d) Unless agreed upon through mutual stipulation by the parties, the attorney general

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shall appeal all determinations of the level and nature of community notification not affirmed

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under this chapter to the presiding justice of the court who shall review each decision in

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accordance with subsection (c) of this section. Nothing in this section shall be construed to

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prohibit the release of information pertaining to a person who has been convicted of any of the

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violations of any offense listed in section 11-37.1-2, so long as the information has been gathered

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or obtained through sources other than the registration process provided by this chapter. Provided

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further, that nothing in this section shall be deemed to authorize the release of any information

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pertaining to any victim of any offense listed in section 11-37.1-2.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES - SEXUAL OFFENDER REGISTRATION AND

COMMUNITY NOTIFICATION

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     This act would require the attorney general to appeal all level and notification

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determinations not affirmed under chapter 11-37.1 to the presiding justice unless otherwise

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required to through mutual stipulation of the parties.

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     This act would take effect upon passage.

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LC01028

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