2012 -- S 2572

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LC00470

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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

NOTIFICATION

     Introduced By: Senators Doyle, Gallo, DiPalma, and Tassoni

     Date Introduced: February 28, 2012

     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and Community Notification" is hereby repealed in its entirety.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) Enticement of a child in violation of section 11-26-1.5 with the intent to violate

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sections 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3;

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

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

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      (6) Any violation of section 11-9-1.3;

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      (7) Any violation of section 11-37.1-10;

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      (8) Any violation of section 11-37-8.8;

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      (9) Any violation of section 11-64-2 where the victim is under the age of eighteen (18)

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years; or

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      (10) 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(m) who has committed an offense that is subject to registration in

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the state of his or her residence and who is attending an educational institution in Rhode Island,

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shall be required to register his or her current address and the address of his or her place of

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employment or school attended with the local law enforcement agency having jurisdiction over

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the city or town in which the nonresident worker or student is employed 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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      (d) If a person is registered as a sex offender in another state for an offense which, if

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committed within the jurisdiction of this state, would require the person to register as a sex

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offender, then that person, upon moving to or returning to this state, shall register as a sex

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offender in the same manner as if the offense were committed within Rhode Island.

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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 eight (8) persons including experts in the field of the behavior and

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

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

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

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specialist. These persons shall serve at the pleasure of the governor or until their successor has

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been duly 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 and the Interstate Compact Unit of the Rhode Island department of corrections

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upon acceptance of supervision of a sexual offender from the sending state shall refer the person

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to the sex offender board of review, together with any reports and documentation that may be

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helpful to the board, for a determination as to the level of risk an offender poses to the community

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and to assist the sentencing court in determining if that person is a sexually violent predator.

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      (2) (i) 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 possess 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 possesses 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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      (ii) 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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      (iii) 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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      (iv) Effect of determination. - In the event that a determination is made by the court that

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

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her 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 11-37.1-5(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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      (5) Duties of the director of the department of corrections degrees irector of the

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department of children, youth and families. Not less than sixty (60) days prior to release of any

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person subject to this chapter, the director of the department of corrections or, in the event the

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person is a juvenile, the director of the department of children, youth and families, or their

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respective designees, shall seek verification that the duties of the sex offender board of review

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and any other state agency have been fulfilled as specified in section 11-37.1-6 et seq. In the

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event that the director of the department of corrections or, in the event the person is a juvenile, the

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director of the department of children, youth and families, cannot obtain verification, he or she

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shall, no less than thirty (30) days prior to the release of a person subject to this chapter, file with

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the presiding judge of the superior court or, in the case of a juvenile, the chief judge of the family

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court, a petition in the nature of mandamus, seeking compliance with this chapter. The court shall

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promptly, but no less than ten (10) days from the filing of the petition, hold a hearing on the

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petition. The court may, in its discretion, enter any orders consistent with this chapter to compel

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compliance, however, the court may not delay the release of any person subject to this chapter for

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the failure of the sex offender board of review or any state agency to fulfill its obligations under

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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

10-29

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

10-30

verification shall take place quarterly.

10-31

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

10-32

Duty of local law enforcement agency; Interstate and Intrastate moves. - For any person required

10-33

to register under this chapter, the local law enforcement agency having jurisdiction where the

10-34

person is residing, shall, if the person changes residence to another state or within the state, notify

11-1

the law enforcement agency with which the person must register in the new state, if the new state

11-2

has a registration requirement and notify the designated state law enforcement agency.

11-3

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

11-4

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

11-5

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

11-6

moves in accordance with the new state's sex offender registration statute. Prior to the change of

11-7

residence to a new state, the person shall notify the local law enforcement agency within this state

11-8

with which the person is registered of the intended move and of the new address within the new

11-9

state.

11-10

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

11-11

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

11-12

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

11-13

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

11-14

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

11-15

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

11-16

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

11-17

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

11-18

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

11-19

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

11-20

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

11-21

after the person establishes residence in the new city or town. A person who has been convicted

11-22

of an offense which requires registration under this chapter and who changes his or her residence

11-23

within a city or town in Rhode Island shall notify the local law enforcement agency in the city or

11-24

town not later than twenty-four (24) hours after the person changes the residence within the city

11-25

or town.

11-26

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

11-27

address or give notice of a change of address or residence, who knowingly fails to do so, shall be

11-28

guilty of a felony and upon conviction be imprisoned not more than ten (10) years, or fined not

11-29

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

11-30

      (b) Any person who is required to register or verify his or her address or give notice of a

11-31

change of address or residence, who knowingly fails to do so, shall be in violation of the terms of

11-32

his or her release, regardless of whether or not the term was a special condition of his or her

11-33

release on probation, parole or home confinement or other form of supervised release.

12-34

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

12-35

resides within three hundred feet (300') of any school, public or private, shall be guilty of a felony

12-36

and upon conviction may be imprisoned not more than five (5) years, or fined not more than five

12-37

thousand dollars ($5,000) or both.

12-38

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

12-39

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

12-40

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

12-41

representative.

12-42

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

12-43

required in the following instances:

12-44

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

12-45

purposes;

12-46

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

12-47

background checks;

12-48

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

12-49

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

12-50

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

12-51

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

12-52

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

12-53

section 11-37.1-12; and

12-54

      (5) Information shall be disclosed by the local police department to the general public in

12-55

a city or town for those registered offenders determined to be either a level 2 or level 3 offender

12-56

as determined consistent with parole board guidelines.

12-57

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

12-58

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

12-59

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

12-60

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

12-61

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

12-62

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

12-63

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

12-64

released.

12-65

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

12-66

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

12-67

this section.

13-68

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

13-69

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

13-70

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

13-71

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

13-72

in accordance with the parole board guidelines shall be notified;

13-73

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

13-74

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

13-75

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

13-76

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

13-77

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

13-78

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

13-79

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

13-80

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

13-81

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

13-82

public release of identifying information of level two and level three sex offenders who have been

13-83

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

13-84

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

13-85

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

13-86

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

13-87

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

13-88

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

13-89

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

13-90

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

13-91

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

13-92

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

13-93

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

13-94

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

13-95

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

13-96

provisions of this chapter.

13-97

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

13-98

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

13-99

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

13-100

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

13-101

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

14-102

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

14-103

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

14-104

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

14-105

notification will take;

14-106

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

14-107

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

14-108

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

14-109

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

14-110

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

14-111

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

14-112

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

14-113

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

14-114

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

14-115

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

14-116

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

14-117

and

14-118

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

14-119

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

14-120

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

14-121

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

14-122

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

14-123

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

14-124

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

14-125

juvenile offender resides or intends to reside upon release.

14-126

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

14-127

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

14-128

section 11-37.1-12(b), the superior court, or the family court of the county in which the person

14-129

resides or intends to reside upon release, shall:

14-130

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

14-131

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

14-132

and to the attorney general;

14-133

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

14-134

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

14-135

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

14-136

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

15-1

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

15-2

the review of the application the court shall:

15-3

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

15-4

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

15-5

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

15-6

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

15-7

proposed; and

15-8

      (3) Presume the need for a prompt determination.

15-9

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

15-10

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

15-11

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

15-12

adjudication of guilt.

15-13

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

15-14

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

15-15

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

15-16

manner of notification.

15-17

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

15-18

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

15-19

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

15-20

assessment tool.

15-21

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

15-22

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

15-23

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

15-24

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

15-25

pursuant to this chapter.

15-26

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

15-27

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

15-28

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

15-29

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

15-30

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

15-31

any offense listed in section 11-37.1-2.

15-32

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

15-33

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

15-34

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

16-1

any act pursuant to this chapter.

16-2

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

16-3

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

16-4

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

16-5

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

16-6

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

16-7

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

16-8

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

16-9

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

16-10

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

16-11

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

16-12

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

16-13

chapter are declared to be severable.

16-14

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

16-15

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

16-16

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

16-17

further determination of sexually violent predator status and community notification level

16-18

pursuant to section 11-37.1-6.

16-19

     SECTION 2. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

16-20

amended by adding thereto the following chapter:

16-21

     CHAPTER 37.3

16-22

     SEXUAL OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION ACT

16-23

     11-37.3-1. Short title. -- This chapter shall be known and may be cited as the "Sexual

16-24

Offender Registration and Community Notification Act."

16-25

     11-37.3-2. Purpose. -- The intent of this chapter is to implement the federal Sex Offender

16-26

Registration and Notification Act ("SORNA"), Title I of Public Law 109-248, and shall be

16-27

interpreted liberally to comply with the terms and conditions of SORNA as presently written or

16-28

hereafter amended.

16-29

     11-37.3-3. Definitions. -- As used in this chapter:

16-30

     (1) “Convicted” or “conviction” means and includes any instance where:

16-31

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

16-32

regardless of whether an appeal is pending; or

16-33

     (ii) There has been a finding of guilty for any sex offense, regardless of whether an

16-34

appeal is pending; or

17-1

     (iii) There has been a plea of guilty or nolo contendere for any sex offense, regardless of

17-2

whether an appeal is pending; or

17-3

     (iv) There has been an admission of sufficient facts for any sex offense, regardless of

17-4

whether or not an appeal is pending; or

17-5

     (v) There has been a finding of delinquency for any sex offense, regardless of whether or

17-6

not an appeal is pending, but only if the offender is fourteen (14) years of age or older at the time

17-7

of the offense and the offense adjudicated was comparable to or more severe then aggravated

17-8

sexual abuse, as described in 18 U.S.C. section 2241, or was an attempt or conspiracy to commit

17-9

such an offense.

17-10

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

17-11

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

17-12

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

17-13

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

17-14

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

17-15

required by this chapter.

17-16

     (2) "Custodial authority" means the victim is:

17-17

     (i) Under the offender's control by force;

17-18

     (ii) Under the offender's control by threat or intimidation of serious violence;

17-19

     (iii) Incapable of appraising the nature of their conduct;

17-20

     (iv) Physically incapable of communicating non-consent;

17-21

     (v) Rendered unconscious by the offender; or

17-22

     (vi) Involuntarily drugged by the offender.

17-23

     (3) "Department" means the department of public safety or designee.

17-24

     (4) "Dru Sjodin National Sex Offender Public Website ("NSOPW") means the public

17-25

website maintained by the attorney general of the United States pursuant to 42 U.S.C. section

17-26

16920.

17-27

     (5) "Employee" means and includes, but is not limited to, an individual who is self-

17-28

employed or works for any other entity, regardless of compensation.

17-29

     (6) "Foreign convictions" means a conviction obtained outside of the United States.

17-30

     (7) "Habitually lives or sleeps" means living in a place with some regularity, and with

17-31

reference to where the sex offender actually lives, which could be some place other than a

17-32

mailing address or primary address but would entail a place where the sex offender lives on an

17-33

intermittent basis.

18-34

     (8) "Immediate" or "Immediately" means within twenty four (24) hours.

18-35

     (9) "Imprisonment" means incarceration pursuant to a conviction, regardless of the nature

18-36

of the institution in which the offender serves the sentence. The term is to be interpreted broadly

18-37

to include, for example, confinement in a state prison as well as in a federal, military, foreign,

18-38

BIA, private or contract facility, or a local or tribal jail. Persons under home confinement

18-39

following conviction of a covered sex offense are required to register pursuant to the provisions

18-40

of this chapter during their period of home confinement.

18-41

     (10) "Jurisdiction" means the fifty (50) states, the District of Columbia, the

18-42

Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern

18-43

Marian Islands, the United States Virgin Islands, and any Indian tribe.

18-44

     (11) "Minor" means an individual who has not attained the age of eighteen (18) years.

18-45

     (12) "National Sex Offender Registry ("NSOR")" means the national database maintained

18-46

by the attorney general of the United States pursuant to 42 U.S.C. section 16919.

18-47

     (13) "Reside(s)" means, with respect to an individual, the location of the individual's

18-48

home or other place where the individual habitually lives or sleeps.

18-49

     (14) "Sexual act" means:

18-50

     (i) Sexual intercourse, cunnilingus, fellatio, and anal intercourse, or any other intrusion,

18-51

however slight, by any part of a person's body or by any object into the genital or anal openings

18-52

of another person's body, or the victim's own body upon the accused’s instruction, but emission of

18-53

semen is not required; or

18-54

     (ii) The intentional touching, not through clothing, of the genitalia of a person under the

18-55

age of sixteen (16) with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the

18-56

sexual desires of another.

18-57

     (15) "Sexual contact" means the intentional touching of the victim's or accused's intimate

18-58

parts, clothed or unclothed, if that intentional touching can be reasonably construed as intended

18-59

by the accused to be for the purpose of sexual arousal, gratification, or assault.

18-60

     (16) "Sex offense" means:

18-61

     (i) Those offenses contained in 42 U.S.C. section 16911(5) and those offenses

18-62

enumerated in section 11-37.3-4 of this chapter or any other covered offense under law.

18-63

     (ii) An offense involving consensual sexual acts or contact is not a sex offense for the

18-64

purposes of this chapter if the victim was an adult, unless the adult was under custodial authority

18-65

at the time of the offense, or if the victim was thirteen (13) years of age or older and the offender

18-66

was not more than four (4) years older than the victim.

18-67

     (17) "Sex offender" means a person convicted of a sex offense.

19-68

     (18) "Sex Offender Registry" means the registry of sex offenders and notification

19-69

program maintained by the department.

19-70

     (19) "SMART Office" means the office of sex offender sentencing, monitoring,

19-71

apprehending, registering, and tracking, which was established within the United States

19-72

department of justice under the general authority of the attorney general of the United States

19-73

pursuant to 42 U.S.C. section 16945.

19-74

     (20) "SORNA" means the Sex Offender Registration and Notification Act, Title I of the

19-75

Adam Walsh Child Protection and Safety Act of 2006 P.L. (109-248), 42 U.S.C. section 16911 et.

19-76

seq., as amended.

19-77

     (21) "State" means the state of Rhode Island.

19-78

     (22) "Student" means a person who enrolls in or attends a private or public education

19-79

institution, including a secondary school, trade or professional school, or an institution of higher

19-80

education.

19-81

     (23) "Tier I Sex Offender" means a sex offender that has been convicted of a "Tier I" sex

19-82

offense as defined in subsection 11-37.3-10(a).

19-83

     (24) "Tier II Sex Offender" means a sex offender that has been convicted of a "Tier II"

19-84

sex offense as defined in subsection 11-37.3-10(b), or who is subject to the recidivist provisions

19-85

of subdivision 11-37.3-10(b)(1).

19-86

     (25) "Tier III Sex Offender" means a sex offender that has been convicted of a "Tier III"

19-87

sex offense as defined in subsection 11-37.3-10(c), or who is subject to the recidivist provisions

19-88

of subdivision 11-37.3-10(c)(1)

19-89

     11-37.3-4. Covered offenses. -- Individuals that have been convicted of any of the

19-90

following sex offenses, or convicted of an attempt or conspiracy to commit any of the following

19-91

sex offenses, are subject to the requirements of this chapter:

19-92

     (1) A conviction for any of the following state offenses:

19-93

     (i) Section 11-37-2 (first degree sexual assault);

19-94

     (ii) Section 11-37-4 (second degree sexual assault);

19-95

     (iii) Section 11-37-8.1 (first degree child molestation sexual assault);

19-96

     (iv) Section 11-37-8.3 (second degree child molestation sexual assault);

19-97

     (v) Section 11-37-8 (assault with intent to commit first degree sexual assault);

19-98

     (vi) Section 11-26-1 (kidnapping) where the victim of the offense is sixteen (16) years or

19-99

older and under the age of eighteen (18) years;

19-100

     (vii) Section 11-26-1.4 (kidnapping of a minor);

19-101

     (viii) Section 11-26-2 (kidnapping with intent to extort) where the victim of the offense is

19-102

sixteen (16) years or older and under the age of eighteen (18) years;

20-1

     (ix) Section 11-5-1 (assault with intent to commit specified felonies where the specified

20-2

felony is sexual assault);

20-3

     (x) Section 11-23-1 (murder where the victim was a minor);

20-4

     (xi) Section 11-67-2 (involuntary servitude);

20-5

     (xii) Section 11-67-3 (trafficking of persons for forced labor or commercial sexual

20-6

activity);

20-7

     (xiii) Section 11-67-6 (sex trafficking of a minor);

20-8

     (xiv) Section 11-26-1.5 (child enticement with the intent to violate sections 11-37-6, 11-

20-9

37-8, 11-37-8.1, or 11-37-8.3);

20-10

     (xv) Subsection 11-9-1 (b) and (c) (exploitation for commercial or immoral purposes);

20-11

     (xvi) Section 11-9-1.1 (child nudity prohibited in publications);

20-12

     (xvii) Section 11-9-1.3 (child pornography prohibited);

20-13

     (xviii) Section 11-37-8.8 (indecent solicitation of a minor);

20-14

     (xix) Section 11-1-10 (where the underlying offense is a violation of chapter 34.1 of this

20-15

title and the victim or person solicited to commit the offense is a minor);

20-16

     (xx) Section 11-37-6 (third degree sexual assault);

20-17

     (xxi) Section 11-64-2 (video voyeurism) where the victim of the offense is under the age

20-18

of eighteen (18) years; or

20-19

     (xxii) Section 11-37.3-19 (failure to register).

20-20

     (2) A conviction for any of the following and any other offense hereafter included in the

20-21

definition of "sex offense" at 42 U.S.C. section 16911(5);

20-22

     (i) 18 U.S.C. section 1591 (sex trafficking of children);

20-23

     (ii) 18 U.S.C. section 1801 (video voyeurism of a minor);

20-24

     (iii) 18 U.S.C. section 2241(aggravated sexual abuse);

20-25

     (iv) 18 U.S.C. section 2242 (sexual abuse);

20-26

     (v) 18 U.S.C. section 2243 (sexual abuse of a minor or ward);

20-27

     (vi) 18 U.S.C. section 2244 (abusive sexual contact);

20-28

     (vii) 18 U.S.C. section 2245 (offenses resulting in death);

20-29

     (viii) 18 U.S.C. section 2251 (sexual exploitation of children);

20-30

     (xv) 18 U.S.C. section 2251A (selling or buying of children);

20-31

     (x) 18 U.S.C. section 2252 (material involving the sexual exploitation of a minor);

20-32

     (xi) 18 U.S.C. section 2252A (material containing child pornography);

20-33

     (xii) 18 U.S.C. section 2252B (misleading domain names on the Internet);

21-34

     (xiii) 18 U.S.C. section 2252C (misleading words or digital images on the Internet);

21-35

     (xiv) 18 U.S.C. section 2260 (production of sexually explicit depictions of a minor for

21-36

import into the United States);

21-37

     (xv) 18 U.S.C. section 2421 (transportation of a minor for illegal sexual activity);

21-38

     (xvi) 18 U.S.C. section 2422 (coercion and enticement of a minor for illegal sexual

21-39

activity);

21-40

     (xvii) 18 U.S.C. section 2423 (Mann Act);

21-41

     (xviii) 18 U.S.C. section 2424 (failure to file factual statement about an alien individual);

21-42

or

21-43

     (xix) 18 U.S.C. section 2425 (transmitting information about a minor to further criminal

21-44

sexual conduct).

21-45

     (3) Any conviction for a sex offense involving any conduct listed in this chapter that was

21-46

obtained under the laws of Canada, the United Kingdom, Australia, New Zealand, or under the

21-47

laws of any foreign country when the United States state department in its country reports on

21-48

human rights practices has concluded that an independent judiciary generally or vigorously

21-49

enforced the right to a fair trial in that country during the year in which the conviction occurred.

21-50

     (4) Any conviction for any military offense specified by the secretary of defense under

21-51

section 115(a)(8)(C)(i) of Public Law 105-119, codified at 10 U.S.C. 951 note.

21-52

     (5) Any sex offense committed in any jurisdiction that involves:

21-53

     (i) Any sexual act;

21-54

     (ii) Any sexual contact;

21-55

     (iii) Kidnapping of a minor;

21-56

     (iv) False imprisonment of a minor;

21-57

     (v) Solicitation to engage a minor in sexual acts or contact understood broadly to include

21-58

any direction, request, enticement, persuasion, or encouragement of a minor to engage in sexual

21-59

acts or contact;

21-60

     (vi) Use of a minor in a sexual performance;

21-61

     (vii) Solicitation of a minor to practice prostitution;

21-62

     (viii) Possession, production, or distribution of child pornography;

21-63

     (ix) Criminal sexual acts or contact that involves physical contact with a minor or the use

21-64

of the Internet to facilitate or attempt such contact. This includes offenses whose elements

21-65

involve the use of other persons in prostitution, such as pandering, procuring, or pimping in cases

21-66

where the victim was a minor at the time of the offense;

21-67

     (x) Any conduct that by its nature is a sex offense against a minor; or

22-68

     (xi) Any offense similar to those outlined in:

22-69

     (A) 18 U.S.C. section 1591 (sex trafficking by force, fraud or coercion);

22-70

     (B) 18 U.S.C. section 1801 (video voyeurism of a minor);

22-71

     (C) 18 U.S.C. section 2241 (aggravated sexual abuse);

22-72

     (D) 18 U.S.C. section 2242 (sexual abuse);

22-73

     (E) 18 U.S.C. section 2244 (abusive sexual contact);

22-74

     (F) 18 U.S.C. section 2422(b) (coercing a minor to engage in prostitution); or

22-75

     (G) 18 U.S.C. section 2423(a) (transporting a minor to engage in illicit conduct).

22-76

     11-37.3-5. Creation of registries. -- (a) There is hereby established a sex offender

22-77

registry, which the department shall maintain and operate pursuant to the provisions of this

22-78

chapter. The sex offender registry shall be maintained in an electronic database by the

22-79

department and shall be in a form capable of electronic transmission.

22-80

     (b) There is hereby established a public sex offender registry website, which the

22-81

department shall maintain and operate pursuant to the provisions of this chapter.

22-82

     11-37.3-6. Registry required. -- (a) A sex offender must initially register with the

22-83

department if the sex offender was convicted by the state of a covered sex offense regardless of

22-84

the sex offender’s actual or intended residency.

22-85

     (b) A sex offender must register with the department if the sex offender:

22-86

     (1) Is incarcerated by the state while completing any sentence for a covered sex offense,

22-87

regardless of whether it is the same jurisdiction as the jurisdiction of conviction or residence,

22-88

employment or school attendance;

22-89

     (2) Resides within the state;

22-90

     (3) Is employed within the state; or

22-91

     (4) Is a student in any capacity within the state.

22-92

     11-37.3-7. Retroactive registration. -- (a) The department shall ensure the following

22-93

three (3) categories of sex offenders are subject to the requirements of this chapter;

22-94

     (1) Sex offenders incarcerated or under the supervision of the state, whether for a covered

22-95

sex offense or another crime;

22-96

     (2) Sex offenders already registered or subject to pre-existing sex offender registration

22-97

requirements under the state’s laws, and

22-98

     (3) Sex offenders reentering the justice system due to conviction for a felony offense.

22-99

     (b) The department shall ensure recapture of the sex offenders mentioned in subsection

22-100

(a) within the following timeframe to be calculated from the effective date of this chapter:

22-101

     (1) For tier I sex offenders, one year;

23-102

     (2) For tier II sex offenders, one hundred and eighty (180) days; and

23-103

     (3) For tier III sex offenders, ninety (90) days.

23-104

     11-37.3-8. Timing of registration. -- (a) A sex offender required to register with the

23-105

state under this chapter shall do so in the following timeframes:

23-106

     (1) If convicted by the state for a covered sex offense and incarcerated, the sex offender

23-107

must register before being released from incarceration;

23-108

     (2) If convicted by the state but not incarcerated, the sex offender must appear in person

23-109

to register with the department within twenty-four (24) hours of sentencing for the covered sex

23-110

offense; and

23-111

     (3) Within twenty-four (24) hours of establishing a residence, commencing employment,

23-112

or becoming a student within the state, a sex offender must appear in person to register with the

23-113

department.

23-114

     (b) The department shall ensure:

23-115

     (1) That any sex offender incarcerated or sentenced by the state for a covered sex offense

23-116

completes his/her initial registration with the state;

23-117

     (2) That the sex offender reads, or has read to him/her, and signs a form stating that the

23-118

duty to register has been explained to him/her and that the sex offender understands the

23-119

registration and notification requirements;

23-120

     (3) That the sex offender is registered; and

23-121

     (4) That upon entry of the sex offender’s information into the registry, the information is

23-122

immediately forwarded to all other jurisdictions in which the sex offender is required to register

23-123

due to the sex offender’s residency, employment, or student status.

23-124

     11-37.3-9. Required information. -- (a) A sex offender who is required to register with

23-125

the state shall provide and the department shall obtain from covered sex offenders who are

23-126

required to register with the state all of the following information:

23-127

     (1) Relating to the sex offender’s name:

23-128

     (i) The sex offender’s full primary given name;

23-129

     (ii) Any and all nicknames, aliases, and pseudonyms regardless of the context in which it

23-130

is used; and

23-131

     (iii) Any and all ethnic or tribal names by which the sex offender is commonly known.

23-132

This does not include any religious or sacred names not otherwise commonly known.

23-133

     (2) Relating to the sex offender’s date of birth:

23-134

     (i) The sex offender’s actual date of birth; and

23-135

     (ii) Any other date of birth used by the sex offender.

24-136

     (3) Relating to the sex offender’s social security number:

24-137

     (i) A valid social security number for the sex offender; and

24-138

     (ii) Any social security number the sex offender has used in the past, valid or otherwise.

24-139

     (4) A current digitized photograph of the sex offender. Unless the appearance of a sex

24-140

offender has not changed significantly, a digitized photograph shall be collected:

24-141

     (i) Every ninety (90) days for tier III sex offenders; and

24-142

     (ii) Every one hundred and eighty (180) days for tier II sex offenders; and

24-143

     (iii) Every year for tier 1 sex offenders.

24-144

     (5) An accurate description of the sex offender as follows:

24-145

     (i) A physical description;

24-146

     (ii) A general description of the sex offender’s physical appearance or characteristics; and

24-147

     (iii) Any identifying marks, such as, but not limited to, scars, moles, birthmarks, or

24-148

tattoos.

24-149

     (6) A photocopy of all of the sex offender’s valid driver’s licenses issued by any

24-150

jurisdiction.

24-151

     (7) A photocopy of any identification card used by the sex offender.

24-152

     (8) A photocopy of any passports used by the sex offender.

24-153

     (9) A photocopy of any and all immigration documents used by the sex offender.

24-154

     (10) Relating to the sex offender's residence:

24-155

     (i) The address of each residence at which the sex offender resides or will reside; and

24-156

     (ii) Any location or description that identifies where the sex offender habitually lives or

24-157

sleeps regardless of whether it pertains to a permanent residence or location otherwise identifiable

24-158

by a street or address.

24-159

     (11) Relating to the sex offender's telephone numbers:

24-160

     (i) Any and all landline telephone numbers;

24-161

     (ii) Any and all cellular telephone numbers; and

24-162

     (iii) Any and all telephone numbers and any other designations used by sex offenders for

24-163

the purposes of routing or self-identification in telephonic communications.

24-164

     (12) Relating to the sex offender's Internet related activity:

24-165

     (i) Any and all email addresses used by the sex offender;

24-166

     (ii) Any and all Instant Message addresses and identifiers;

24-167

     (iii) Any and all other designations or monitors used for self-identification in Internet

24-168

communications or postings; and

24-169

     (iv) Any and all designations used by the sex offender for the purpose of routing or self

24-170

identification and Internet communications or postings.

25-1

     (13) Relating to all vehicles owned or operated by the sex offender for work or personal

25-2

use including land vehicles, aircraft, and watercraft:

25-3

     (i) License plate numbers;

25-4

     (ii) Registration numbers or identifiers;

25-5

     (iii) General description of the vehicle to include color, make, model, and year; and

25-6

     (iv) Any permanent or frequent location where any covered vehicle is kept.

25-7

     (14) Relating to the sex offender's employment, any and all places where the sex offender

25-8

is employed in any means including volunteer and unpaid positions:

25-9

     (i) The name of the sex offender's employer;

25-10

     (ii) The address of the sex offender's employer; and

25-11

     (iii) Similar information related to any transient or day labor employment.

25-12

     (15) All licensing information that authorizes the sex offender to engage in an occupation

25-13

or carry out a trade or business.

25-14

     (16) Relating to the sex offender's school:

25-15

     (i) The name of each school at which the sex offender is or will be a student; and

25-16

     (ii) The address of each school where the sex offender is or will be a student.

25-17

     (17) Relating to the sex offender's criminal history:

25-18

     (i) The date of all arrests;

25-19

     (ii) The date of all convictions;

25-20

     (iii) The sex offender's status of parole, probation, or supervised release;

25-21

     (iv) The sex offender's registration status; and

25-22

     (v) Any outstanding arrest warrants.

25-23

     (18) Fingerprints and palm prints of the sex offender in a digitized format. The

25-24

department shall submit the sex offender's fingerprints to IAFIS and the sex offender's palm

25-25

prints to the FBI Central Database, Next Generation Identification Program.

25-26

     (19) If the sex offender's DNA is not already contained in the Combined DNA Index

25-27

System (CODIS), the sex offender shall provide the department a sample of his/her DNA. Any

25-28

DNA sample obtained from a sex offender shall be submitted to an appropriate lab for analysis

25-29

and entry of the resulting DNA profile into CODIS.

25-30

     (20) The department shall obtain the text of each provision of law defining the criminal

25-31

offense(s) for which the sex offender is registered.

25-32

     (21) When the sex offender will be absent from his/her residence for seven (7) days or

25-33

more:

26-34

     (i) Identifying information of the temporary lodging locations including addresses and

26-35

names; and

26-36

     (ii) The dates the sex offender will be staying at each temporary lodging location.

26-37

     (22) In the event the sex offender will be traveling outside of the United States, the sex

26-38

offender must notify the department twenty-one (21) days in advance of the travel date and

26-39

provide any necessary information regarding his/her international travel. Upon notification of a

26-40

sex offender’s intention to travel internationally, the department shall immediately notify and

26-41

provide the sex offender’s travel information to INTERPOL.

26-42

     (23) A signed copy of the sex offenders notice of registration and notification obligations

26-43

as provided in subdivision 11-37.3-8(b)(2).

26-44

     (b) The department shall maintain all information obtained under this chapter in a

26-45

digitized format.

26-46

     11-37.3-10. Tiered offenses. -- (a) A tier I offense includes:

26-47

     (1) Any sex offense for which a person has been convicted, or an attempt or conspiracy to

26-48

commit such an offense, that is not a tier II or tier III offense;

26-49

     (2) A conviction for any of the following state offenses:

26-50

     (i) Section 11-64-2 (video voyeurism) where the victim of the offense is under the age of

26-51

eighteen (18) years; or

26-52

     (ii) Section 11-37.3-19 (failure to register);

26-53

     (3) A conviction for any of the following federal offenses:

26-54

     (i) 18 U.S.C. section 1801 (video voyeurism of a minor);

26-55

     (ii) 18 U.S.C. section 2252 (receipt or possession of child pornography);

26-56

     (iii) 18 U.S.C. section 2252A (receipt or possession of child pornography);

26-57

     (iv) 18 U.S.C. section 2252B (misleading domain names on the Internet);

26-58

     (v) 18 U.S.C. section 2252C (misleading words or digital images on the Internet);

26-59

     (vi) 18 U.S.C. section 2423(b) (travel with the intent to engage in illicit conduct);

26-60

     (vii) 18 U.S.C. section 2423(c) (engaging in illicit conduct in foreign places);

26-61

     (viii) 18 U.S.C. section 2424 (failure to file factual statement about an alien individual);

26-62

or

26-63

     (ix) 18 U.S.C. section 2425 (transmitting information about a minor to further criminal

26-64

sexual conduct);

26-65

     (4) Any offense for which a person has been convicted by any jurisdiction, local

26-66

government, or qualifying foreign country pursuant to section 11-37.3-4 that involves the false

26-67

imprisonment of a minor, video voyeurism of a minor, or possession or receipt of child

26-68

pornography; or

27-1

     (5) Any military offense specified by the Secretary of Defense under section

27-2

115(a)(8)(C)(i) of Public Law 105-119, codified at 10 U.S.C. section 951 note, that is similar to

27-3

those offenses outlined in subsections (1), (2), (3), or (4).

27-4

     (b) A tier II offense includes:

27-5

     (1) Unless otherwise covered by subsection (c), any sex offense that is punishable by

27-6

imprisonment of more than one year where the offender has at least one prior conviction for a tier

27-7

I offense, or has become a tier I sex offender;

27-8

     (2) A conviction for any of the following state offenses:

27-9

     (i) Section 11-37-4 (second degree sexual assault) where the victim is seventeen (17)

27-10

years of age or older;

27-11

     (ii) Section 11-67-2 (involuntary servitude);

27-12

     (iii) Section 11-67-3 (trafficking of persons for forced labor or commercial sexual

27-13

activity);

27-14

     (iv) Section 11-67-6 (sex trafficking of a minor);

27-15

     (v) Section 11-26-1.5 (child enticement with the intent to violate section 11-37-6, 11-37-

27-16

8, 11-37-8.1, 11-37-8.3);

27-17

     (vi) Subsections 11-9-1(b) and (c) (exploitation for commercial or immoral purposes);

27-18

     (vii) Section 11-9-1.1 (child nudity prohibited in publications);

27-19

     (viii) Section 11-9-1.3 (child pornography prohibited);

27-20

     (ix) Section 11-37-8.8 (indecent solicitation of a minor); or

27-21

     (x) Section 11-1-10 (where the underlying offense is a violation of chapter 34.1 of this

27-22

title and the victim or person solicited to commit the offense is under the age of eighteen (18);

27-23

     (3) A conviction for any of the following federal offenses:

27-24

     (i) 18 U.S.C. section 1591 (sex trafficking by force, fraud, or coercion);

27-25

     (ii) 18 U.S.C. section 2243 (sexual abuse of a minor or ward);

27-26

     (iii) 18 U.S.C. section 2244 (abusive sexual contact, where the victim is thirteen (13)

27-27

years of age or older);

27-28

     (iv) 18 U.S.C. section 2251 (sexual exploitation of children);

27-29

     (v) 18 U.S.C. section 2251A (selling or buying of children);

27-30

     (vi) 18 U.S.C. section 2252 (material involving the sexual exploitation of a minor);

27-31

     (vii) 18 U.S.C. section 2252A (production or distribution of material containing child

27-32

pornography);

27-33

     (viii) 18 U.S.C. section 2260 (production of sexually explicit depictions of a minor for

27-34

import into the United States);

28-1

     (ix) 18 U.S.C. section 2421 (transportation of a minor for illegal sexual activity);

28-2

     (x) 18 U.S.C. section 2422(a) (coercion to engage in prostitution);

28-3

     (xi) 18 U.S.C. section 2422(b) (coercing a minor to engage in prostitution); or

28-4

     (xii) 18 U.S.C. section 2423(a) (transporting a minor to engage in illicit conduct);

28-5

     (4) Any sex offense against a minor for which a person has been convicted, or an attempt

28-6

or conspiracy to commit such an offense, that involves:

28-7

     (i) The use of minors in prostitution, including solicitations;

28-8

     (ii) Enticing a minor to engage in criminal sexual activity;

28-9

     (iii) Sexual contact with a minor thirteen (13) years of age or older, whether directly or

28-10

indirectly through the clothing, that involves the intimate parts of the body;

28-11

     (iv) The use of a minor in a sexual performance; or

28-12

     (v) The production or distribution of child pornography.

28-13

     (5) Any military offense specified by the Secretary of Defense under section

28-14

115(a)(8)(C)(i) of public law 105-119, codified at 10 U.S.C. section 951 note, that is similar to

28-15

those offenses outlined in subsections (1), (2), (3), or (4).

28-16

     (c) A tier III offense includes:

28-17

     (1) A sex offense that is punishable by imprisonment for more than one year where the

28-18

offender has at least one prior conviction for a tier II sex offense, or has previously become a tier

28-19

II sex offender;

28-20

     (2) A conviction for any of the following state offenses:

28-21

     (i) Section 11-37-2 (first degree sexual assault);

28-22

     (ii) Section 11-37-4 (second degree sexual assault) where the victim is sixteen (16) years

28-23

of age or younger;

28-24

     (iii) Section 11-37-6 (third degree sexual assault);

28-25

     (iv) Section 11-37-8.1 (first degree child molestation sexual assault);

28-26

     (v) Section 11-37-8.3 (second degree child molestation sexual assault);

28-27

     (vi) Section 11-37-8 (assault with intent to commit first degree sexual assault);

28-28

     (vii) Section 11-26-1 (kidnapping) where the victim of the offense is sixteen (16) years or

28-29

older and under the age of eighteen (18) years;

28-30

     (viii) Section 11-26-1.4 (kidnapping of a minor);

28-31

     (ix) Section 11-26-2 (kidnapping with intent to extort) where the victim of the offense is

28-32

sixteen (16) years or older and under the age of eighteen (18) years;

28-33

     (x) Section 11-5-1 (assault with intent to commit specified felonies where the specified

28-34

felony is sexual assault); or

29-1

     (xi) Section 11-23-1 (murder where the victim was a minor);

29-2

     (3) A conviction for any of the following federal offenses:

29-3

     (i) 18 U.S.C. section 2241 (aggravated sexual abuse);

29-4

     (ii) 18 U.S.C. section 2242 (sexual abuse); or

29-5

     (iii) Where the victim is twelve (12) years of age or younger, 18 U.S.C. section 2244

29-6

(abusive sexual contact);

29-7

     (4) Any sex offense for which a person has been convicted, or an attempt or conspiracy to

29-8

commit such an offense, which involves:

29-9

     (i) Non-parental kidnapping of a minor;

29-10

     (ii) A sexual act; or

29-11

     (iii) Sexual contact with a minor twelve (12) years of age or younger, including offenses

29-12

that cover sexual touching of or contact with the intimate parts of the body, either directly or

29-13

through the clothing;

29-14

     (5) Any military offense specified by the Secretary of Defense under section

29-15

115(a)(8)(C)(i) of public law 105-119, codified at 10 U.S.C. section 951 note. that is similar to

29-16

those offenses outlined in subsections (1), (2), (3), or (4).

29-17

     11-37.3-11. Duration of registration and frequency of verification. -- (a) A sex

29-18

offender who is required to register shall, at a minimum, appear in person at the department for

29-19

purposes of verification and keeping his/her registration current in accordance with the following

29-20

time frames:

29-21

     (1) For tier I offenders, once every year for fifteen (15) years from the time of release

29-22

from custody for a sex offender who is incarcerated for the covered sex offense or from the date

29-23

of sentencing for a sex offender who is not incarcerated for the covered sex offense;

29-24

     (2) For tier II offenders, once every one hundred eighty (180) days for twenty-five (25)

29-25

years from the time of release from custody for a sex offender who is incarcerated for the covered

29-26

sex offense or from the date of sentencing for a sex offender who is not incarcerated for the

29-27

covered sex offense; or

29-28

     (3) For tier III offenders, once every ninety (90) days for the rest of their lives.

29-29

     (b) At each in-person verification:

29-30

     (1) The sex offender shall permit the department to take a photograph of the offender;

29-31

     (2) The sex offender shall review existing information for accuracy; and

29-32

     (3) If any new information or change in information is obtained at the in-person

29-33

verification, the department shall immediately notify all other jurisdictions in which the sex

29-34

offender is required to register the information or change in information.

30-1

     11-37.3-12. Reduction of registration periods. -- A sex offender may have his or her

30-2

period of registration reduced as follows:

30-3

     (1) A tier I offender may have his of her period of registration reduced to ten (10) years if

30-4

he or she has maintained a clean record for ten (10) consecutive years; or

30-5

     (2) A tier III offender may have his or her period of registration reduced to twenty-five

30-6

(25) years if he or she was adjudicated delinquent of an offense as a juvenile that required tier III

30-7

registration and he or she has maintained a clean record for twenty-five (25) consecutive years.

30-8

     (3) A sex offender has a clean record if:

30-9

     (i) He or she has not been convicted of any offense for which imprisonment for more than

30-10

one year may be imposed;

30-11

     (ii) He or she has not been convicted of any sex offense;

30-12

     (iii) He or she has successfully completed, without revocation, any period of supervised

30-13

release, probation, or parole; and

30-14

     (iv) He or she has successfully completed an appropriate sex offender treatment program

30-15

certified by the state, another jurisdiction, or by the attorney general of the United States.

30-16

     11-37.3-13. Keeping registration current. -- (a) All sex offenders required to register

30-17

with the state shall immediately appear in person at the department to update any changes to their

30-18

name, residence, employment, or school attendance, including termination of residency,

30-19

employment or school attendance.

30-20

     (b) All sex offenders required to register with the state shall immediately notify the

30-21

department of any changes to their temporary lodging information, vehicle information, Internet

30-22

identifiers, or telephone numbers. In the event of a change in temporary lodging, the sex offender

30-23

and the department shall immediately notify the jurisdiction in which the sex offender will be

30-24

temporarily staying.

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     (c) With regard to changes in a sex offender’s registration information, the department

30-26

shall immediately notify:

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     (1) All jurisdictions where a sex offender was required to register prior to the updated

30-28

information being given;

30-29

     (2) All jurisdictions where a sex offender intends to reside, work, or attend school;

30-30

     (3) All jurisdictions where the sex offender is either registered or required to register;

30-31

     (4) Specifically with respect to information relating to a sex offender’s intent to

30-32

commence residence, school, or employment outside of the United States, any jurisdiction where

30-33

the sex offender is either registered or required to register, and the U.S. marshals service; and

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     (5) The NSOR.

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     11-37.3-14. Public sex offender registry website. -- (a) The department shall use and

31-36

maintain a public sex offender registry website.

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     (b) The registry website shall have the capability of conducting searches by name,

31-38

county, city, and/or town; and zip code and/or geographic radius.

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     (c) The registry website shall include:

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     (1) Links to sex offender safety and education resources;

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     (2) Instructions on how a person can seek correction of information that the individual

31-42

contends is erroneous;

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     (3) A warning that the information contained on the website should not be used to

31-44

unlawfully injure, harass, or commit a crime against any individual named in the registry or

31-45

residing or working at any reported addresses and that any such action could result in civil or

31-46

criminal penalties; and

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     (4) All field search capabilities needed for full participation in the Dru Sjodin National

31-48

Sex Offender Public website and shall participate in that website as provided by the attorney

31-49

general of the United States.

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     11-37.3-15. Required and prohibited website information. -- (a) The following

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information shall be made available to the public on the sex offender registry website:

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     (1) Notice that an offender is in violation of their registration requirements or cannot be

31-53

located if the sex offender has absconded;

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     (2) All sex offenses for which the sex offender has been convicted;

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     (3) The sex offense(s) for which the offender is currently registered;

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     (4) The address of the sex offender’s employer(s);

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     (5) The name of the sex offender including all aliases;

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     (6) A current photograph of the sex offender;

31-59

     (7) A physical description of the sex offender;

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     (8) The residential address and, if relevant, a description of a location where the sex

31-61

offender habitually lives or sleeps;

31-62

     (9) All addresses of schools attended by the sex offender; and

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     (10) The sex offender’s vehicle license plate number along with a description of the

31-64

vehicle.

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     (b) The following information shall not be available to the public on the sex offender

31-66

registry website:

31-67

     (1) Any arrest that did not result in conviction;

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     (2) The sex offender’s social security number;

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     (3) Any travel and immigration documents;

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     (4) The identity of the victim;

32-71

     (5) Internet identifiers (as defined in 42 U.S.C. section 16911); and

32-72

     (6) any information of a juvenile offender who was adjudicated delinquent of a sex

32-73

offense.

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     (c) For sex offenders who are under a witness protection program, the department may

32-75

honor the request of the United States marshals service or other agency responsible for witness

32-76

protection by not including the original identity of the offender on the publicly accessible sex

32-77

offender registry website.

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     11-37.3-16. Community notification.-- (a) Whenever a sex offender initially registers

32-79

or updates his or her information with the state, the department shall immediately notify:

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     (1) Any and all other registration jurisdictions where the sex offender is registered due to

32-81

the sex offender’s residency, school attendance, or employment;

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     (2) The FBI or other federal agencies as designated by the United States attorney general

32-83

in order that the information may be updated on NSOR or other relevant databases;

32-84

     (3) Any agency, department, or program within the state that is responsible for criminal

32-85

investigation, prosecution, child welfare or sex offender supervision functions; and

32-86

     (4) National Child Protection Act agencies, which includes any agency responsible for

32-87

conducting employment-related background checks under section 3 of the National Child

32-88

Protection Act of 1993, 42 U.S.C. section 5119a.

32-89

     (b) The department shall ensure there is an automated community notification process in

32-90

place that ensures the following:

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     (1) Upon a sex offender’s initial registration or update of information with the state, the

32-92

state’s public sex offender registry website is immediately updated; and

32-93

     (2) The state’s public sex offender registry has a function that enables the general public

32-94

to request an email notice that will notify them when a sex offender commences residence,

32-95

employment, or school attendance with the state, within a specified zip code, or within a certain

32-96

geographic radius. This email notice shall include the sex offender’s identity so that the public

32-97

can access the public registry for the new information.

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     (c) The notification requirements of subdivisions (a)(4) and (b)(2) do not apply to

32-99

juvenile offenders who were adjudicated delinquent of a sex offense.

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     (d) Notwithstanding the aforementioned notification requirements, the department and

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local law enforcement agencies where the sex offender resides, is employed or attends school,

32-102

may utilize other forms of community notification consistent with the provisions and intent of this

33-1

chapter.

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     11-37.3-17. Failure to appear for registration and absconding. -- (a) In the event a sex

33-3

offender fails to register or fails to update their registration information with the state, the

33-4

department shall immediately inform the jurisdiction that provided notification that the sex

33-5

offender was to commence residency, employment, or school attendance with the state that the

33-6

sex offender failed to appear for registration or failed to update their registration information.

33-7

     (b) If the department receives information that a sex offender has absconded, the

33-8

department shall make an effort to determine if the sex offender has actually absconded.

33-9

     (c) In the event no determination can be made, the department shall ensure that the state

33-10

police and any other appropriate law enforcement agency is notified.

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     (d) If the information indicating the possible absconding came through notice from

33-12

another jurisdiction or federal authorities, they shall be informed that the sex offender has failed

33-13

to appear and register.

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     (e) If an absconded sex offender cannot be located then the department shall take the

33-15

following steps:

33-16

     (1) Update the registry to reflect the sex offender has absconded or is otherwise not

33-17

capable of being located;

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     (2) Notify the U.S. marshals services;

33-19

     (3) Notify the local law enforcement agency where the sex offender resides, so the local

33-20

law enforcement agency can seek a warrant for the sex offender’s arrest. The U.S. marshals

33-21

service or FBI may be contacted in an attempt to obtain a federal warrant for the sex offender’s

33-22

arrest;

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     (4) Update the NSOR to reflect the sex offender’s status as an absconder, or is otherwise

33-24

not capable of being located; and

33-25

     (5) Enter the sex offender into the National Crime Information Center Wanted Person

33-26

file.

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     (f) In the event a sex offender who is required to register due to their employment or

33-28

school attendance status fails to do so or otherwise violates a registration requirement of this

33-29

chapter, the department shall take all appropriate follow-up measures including those outlined in

33-30

subsection (e). The department shall first make an effort to determine if the sex offender is

33-31

actually employed or attending school within the state.

33-32

     11-37.3-18. Counseling. -- Any person who is required to register or verify his or her

33-33

address pursuant to this chapter shall be ordered to participate in sex offender counseling while

33-34

incarcerated, if incarcerated, for any covered offenses and is hereby ordered to participate in sex

34-1

offender counseling at the direction of his or her probation and/or parole officer while serving a

34-2

sentence for a covered offense.

34-3

     11-37.3-19. Crimes and civil sanctions. -- (a) Any person who is required to register

34-4

under this chapter who knowingly fails to comply with any of the provisions provided herein

34-5

shall be guilty of a felony and subject to imprisonment for not more than ten (10) years, or fined

34-6

not more than ten thousand dollars ($10,000), or both.

34-7

     (b) Any person who is required to register under this chapter who knowingly fails to

34-8

comply with any of the provisions provided herein shall be in violation of the terms of his or her

34-9

release, regardless of whether or not the term was a special condition of his or her release on

34-10

probation, parole or home confinement or other form of supervised release.

34-11

     11-37.3-20. Hindrance of sex offender registration. -- (a) It shall be unlawful to

34-12

knowingly harbor or knowingly attempt to harbor, or knowingly assist another person in

34-13

harboring or attempting to harbor a sex offender who is in violation of this chapter or knowingly

34-14

assists a sex offender in eluding a law enforcement agency that is seeking to find the sex offender

34-15

to question the sex offender about, or to arrest the sex offender for noncompliance with the

34-16

requirements of this chapter; or provides information to a law enforcement agency regarding a

34-17

sex offender which the person knows to be false.

34-18

     (b) Those found in violation of subsection (a) shall be guilty of a felony and subject to

34-19

imprisonment for not more than ten (10) years, of fined not more than ten thousand dollars

34-20

($10,000), or both.

34-21

     11-37.3-21. Rules and regulations for community notification. -- (a) The department

34-22

shall promulgate rules and regulations to implement the provisions required in this chapter.

34-23

     11-37.3-22. No Subrogation of Law Enforcement. -- Notwithstanding the provisions of

34-24

this chapter, law enforcement agencies within the state shall have the authority provided by law to

34-25

enforce the provisions of this chapter, including, but not limited to, random residency verification

34-26

checks.

34-27

     11-37.3-23. Immunity. -- Any person acting under good faith pursuant to this chapter

34-28

shall be immune from any civil liability arising out of such actions.

34-29

     11-37.3-24. Severability. -- If any provision of this chapter or its application to any

34-30

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

34-31

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

34-32

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

34-33

chapter are declared to be severable.

35-34

     SECTION 3. This act shall take effect on January 1, 2013.

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LC00470

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES - SEXUAL OFFENDER REGISTRATION AND

NOTIFICATION

***

36-1

     This act would implement the federal Sex Offender Registration and Notification Act

36-2

(SORNA) (Title I of Public Law 109-248).

36-3

     This act would take effect on January 1, 2013.

=======

LC00470

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