2013 -- H 5491

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LC01251

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL OFFENSES - SEXUAL OFFENDER REGISTRATION AND

COMMUNITY NOTIFICATION

     Introduced By: Representatives O`Neill, Craven, O'Brien, Marshall, and Nunes

     Date Introduced: February 14, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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

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

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

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

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

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manner of notification.

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

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

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

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assessment tool.

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

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

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

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

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pursuant to this chapter.

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     The court, based upon the evidence presented during the proceeding, shall have the

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authority to raise, lower, or affirm the level of community notification.

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

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

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

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

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

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any offense listed in section 11-37.1-2.

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     SECTION 2. This act shall take effect upon passage.

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LC01251

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES - SEXUAL OFFENDER REGISTRATION AND

COMMUNITY NOTIFICATION

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     This act would provide the court with authority to raise, lower, or affirm the level of

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community notification in sexual offenses offender registration hearings.

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     This act would take effect upon passage.

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LC01251

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