2013 -- H 5557

=======

LC00959

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO CRIMINAL OFFENSES - SEXUAL OFFENDER REGISTRATION AND

COMMUNITY NOTIFICATION

     Introduced By: Representatives Palumbo, DeSimone, Johnston, Carnevale, and Lally

     Date Introduced: February 14, 2013

     Referred To: House Finance

It is enacted by the General Assembly as follows:

1-1

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

1-2

and Community Notification" is hereby repealed in its entirety.

1-3

     CHAPTER 11-37.1

1-4

Sexual Offender Registration and Community Notification

1-5

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

1-6

Offender Registration and Community Notification Act".

1-7

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

1-8

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

1-9

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

1-10

under.

1-11

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

1-12

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

1-13

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

1-14

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

1-15

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

1-16

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

1-17

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

1-18

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

1-19

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

2-1

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

2-2

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

2-3

pending.

2-4

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

2-5

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

2-6

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

2-7

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

2-8

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

2-9

required by this chapter.

2-10

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

2-11

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

2-12

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

2-13

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

2-14

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

2-15

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

2-16

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

2-17

the age of eighteen (18) years;

2-18

      (2) Enticement of a child in violation of section 11-26-1.5 with the intent to violate

2-19

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

2-20

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

2-21

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

2-22

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

2-23

eighteen (18) years;

2-24

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

2-25

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

2-26

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

2-27

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

2-28

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

2-29

years; or

2-30

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

2-31

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

2-32

under eighteen (18) years of age.

2-33

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

2-34

designee.

3-1

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

3-2

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

3-3

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

3-4

college or community college.

3-5

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

3-6

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

3-7

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

3-8

health and safety of other persons.

3-9

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

3-10

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

3-11

of victimization.

3-12

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

3-13

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

3-14

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

3-15

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

3-16

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

3-17

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

3-18

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

3-19

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

3-20

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

3-21

likely to engage in predatory sexually violent offenses.

3-22

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

3-23

14071.

3-24

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

3-25

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

3-26

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

3-27

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

3-28

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

3-29

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

3-30

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

3-31

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

3-32

37.1-4.

3-33

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

3-34

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

4-1

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

4-2

defined by section 11-37.1-2(m) who has committed an offense that is subject to registration in

4-3

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

4-4

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

4-5

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

4-6

the city or town in which the nonresident worker or student is employed or attending school.

4-7

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

4-8

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

4-9

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

4-10

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

4-11

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

4-12

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

4-13

vocation at the institution of higher education.

4-14

      (d) If a person is registered as a sex offender in another state for an offense which, if

4-15

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

4-16

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

4-17

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

4-18

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

4-19

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

4-20

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

4-21

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

4-22

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

4-23

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

4-24

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

4-25

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

4-26

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

4-27

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

4-28

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

4-29

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

4-30

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

4-31

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

4-32

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

4-33

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

4-34

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

5-1

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

5-2

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

5-3

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

5-4

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

5-5

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

5-6

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

5-7

Rhode Island or is attending school in Rhode Island.

5-8

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

5-9

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

5-10

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

5-11

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

5-12

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

5-13

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

5-14

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

5-15

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

5-16

twenty-four (24) hours of being sentenced.

5-17

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

5-18

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

5-19

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

5-20

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

5-21

(24) hours of their arrival in Rhode Island.

5-22

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

5-23

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

5-24

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

5-25

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

5-26

attendance at their place of employment or school.

5-27

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

5-28

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

5-29

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

5-30

subsequent incarceration, re-incarceration or commitment.

5-31

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

5-32

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

5-33

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

5-34

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

6-1

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

6-2

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

6-3

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

6-4

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

6-5

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

6-6

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

6-7

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

6-8

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

6-9

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

6-10

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

6-11

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

6-12

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

6-13

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

6-14

section;

6-15

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

6-16

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

6-17

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

6-18

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

6-19

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

6-20

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

6-21

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

6-22

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

6-23

subsection (b) of this section; or

6-24

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

6-25

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

6-26

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

6-27

the provisions of subsection (b) of this section.

6-28

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

6-29

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

6-30

person required to register under this chapter:

6-31

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

6-32

registration;

6-33

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

6-34

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

7-1

four (24) hours;

7-2

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

7-3

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

7-4

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

7-5

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

7-6

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

7-7

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

7-8

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

7-9

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

7-10

obtained in connection with the offense that triggers registration; and

7-11

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

7-12

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

7-13

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

7-14

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

7-15

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

7-16

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

7-17

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

7-18

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

7-19

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

7-20

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

7-21

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

7-22

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

7-23

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

7-24

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

7-25

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

7-26

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

7-27

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

7-28

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

7-29

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

7-30

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

7-31

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

7-32

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

7-33

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

7-34

entered.

8-1

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

8-2

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

8-3

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

8-4

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

8-5

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

8-6

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

8-7

been duly qualified and appointed.

8-8

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

8-9

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

8-10

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

8-11

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

8-12

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

8-13

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

8-14

review.

8-15

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

8-16

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

8-17

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

8-18

responsibility and the Interstate Compact Unit of the Rhode Island department of corrections

8-19

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

8-20

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

8-21

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

8-22

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

8-23

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

8-24

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

8-25

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

8-26

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

8-27

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

8-28

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

8-29

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

8-30

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

8-31

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

8-32

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

8-33

persons.

9-34

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

9-35

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

9-36

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

9-37

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

9-38

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

9-39

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

9-40

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

9-41

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

9-42

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

9-43

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

9-44

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

9-45

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

9-46

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

9-47

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

9-48

under sections 11-37.1-5(a)(1) through (6), relating to the juvenile and adult offenders under

9-49

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

9-50

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

9-51

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

9-52

disciplinary reports, all psychological evaluations and psychiatric evaluations, psychiatric

9-53

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

9-54

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

9-55

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

9-56

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

9-57

provisions of this chapter.

9-58

      (5) Duties of the director of the department of corrections/director of the department of

9-59

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

9-60

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

9-61

the director of the department of children, youth and families, or their respective designees, shall

9-62

seek verification that the duties of the sex offender board of review and any other state agency

9-63

have been fulfilled as specified in section 11-37.1-6 et seq. In the event that the director of the

9-64

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

9-65

of children, youth and families, cannot obtain verification, he or she shall, no less than thirty (30)

9-66

days prior to the release of a person subject to this chapter, file with the presiding judge of the

9-67

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

9-68

nature of mandamus, seeking compliance with this chapter. The court shall promptly, but no less

10-1

than ten (10) days from the filing of the petition, hold a hearing on the petition. The court may, in

10-2

its discretion, enter any orders consistent with this chapter to compel compliance, however, the

10-3

court may not delay the release of any person subject to this chapter for the failure of the sex

10-4

offender board of review or any state agency to fulfill its obligations under this chapter.

10-5

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

10-6

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

10-7

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

10-8

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

10-9

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

10-10

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

10-11

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

10-12

conviction data and fingerprints to the Federal Bureau of Investigation.

10-13

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

10-14

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

10-15

period in which the person is required to register:

10-16

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

10-17

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

10-18

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

10-19

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

10-20

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

10-21

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

10-22

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

10-23

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

10-24

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

10-25

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

10-26

residence address from that which he or she last registered.

10-27

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

10-28

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

10-29

verification shall take place quarterly.

10-30

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

10-31

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

10-32

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

10-33

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

10-34

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

11-1

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

11-2

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

11-3

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

11-4

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

11-5

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

11-6

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

11-7

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

11-8

state.

11-9

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

11-10

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

11-11

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

11-12

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

11-13

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

11-14

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

11-15

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

11-16

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

11-17

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

11-18

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

11-19

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

11-20

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

11-21

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

11-22

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

11-23

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

11-24

or town.

11-25

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

11-26

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

11-27

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

11-28

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

11-29

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

11-30

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

11-31

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

11-32

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

11-33

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

11-34

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

12-1

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

12-2

thousand dollars ($5,000) or both.

12-3

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

12-4

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

12-5

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

12-6

representative.

12-7

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

12-8

required in the following instances:

12-9

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

12-10

purposes;

12-11

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

12-12

background checks;

12-13

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

12-14

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

12-15

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

12-16

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

12-17

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

12-18

section 11-37.1-12; and

12-19

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

12-20

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

12-21

as determined consistent with parole board guidelines.

12-22

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

12-23

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

12-24

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

12-25

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

12-26

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

12-27

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

12-28

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

12-29

released.

12-30

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

12-31

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

12-32

this section.

12-33

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

12-34

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

13-1

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

13-2

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

13-3

in accordance with the parole board guidelines shall be notified;

13-4

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

13-5

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

13-6

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

13-7

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

13-8

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

13-9

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

13-10

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

13-11

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

13-12

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

13-13

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

13-14

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

13-15

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

13-16

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

13-17

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

13-18

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

13-19

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

13-20

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

13-21

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

13-22

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

13-23

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

13-24

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

13-25

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

13-26

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

13-27

provisions of this chapter.

13-28

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

13-29

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

13-30

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

13-31

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

13-32

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

13-33

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

13-34

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

14-1

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

14-2

notification will take;

14-3

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

14-4

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

14-5

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

14-6

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

14-7

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

14-8

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

14-9

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

14-10

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

14-11

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

14-12

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

14-13

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

14-14

and

14-15

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

14-16

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

14-17

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

14-18

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

14-19

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

14-20

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

14-21

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

14-22

juvenile offender resides or intends to reside upon release.

14-23

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

14-24

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

14-25

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

14-26

resides or intends to reside upon release, shall:

14-27

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

14-28

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

14-29

and to the attorney general;

14-30

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

14-31

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

14-32

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

14-33

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

15-34

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

15-35

the review of the application the court shall:

15-36

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

15-37

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

15-38

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

15-39

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

15-40

proposed; and

15-41

      (3) Presume the need for a prompt determination.

15-42

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

15-43

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

15-44

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

15-45

adjudication of guilt.

15-46

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

15-47

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

15-48

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

15-49

manner of notification.

15-50

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

15-51

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

15-52

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

15-53

assessment tool.

15-54

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

15-55

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

15-56

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

15-57

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

15-58

pursuant to this chapter.

15-59

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

15-60

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

15-61

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

15-62

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

15-63

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

15-64

any offense listed in section 11-37.1-2.

15-65

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

15-66

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

15-67

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

15-68

any act pursuant to this chapter.

16-1

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

16-2

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

16-3

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

16-4

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

16-5

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

16-6

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

16-7

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

16-8

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

16-9

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

16-10

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

16-11

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

16-12

chapter are declared to be severable.

16-13

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

16-14

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

16-15

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

16-16

further determination of sexually violent predator status and community notification level

16-17

pursuant to section 11-37.1-6.

16-18

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

16-19

amended by adding thereto the following chapters:

16-20

     CHAPTER 37.3

16-21

CRIMINAL OFFENSES – SEXUAL OFFENDER REGISTRATION AND NOTIFICATION

16-22

     11-37.3-1. Establishment of advisory council. – (a) An advisory council is hereby

16-23

established to consult with and provide recommendations to the department of public safety

16-24

concerning the rules and regulations to be promulgated pursuant to this chapter in order to

16-25

implement the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child

16-26

Protection and Safety Act of 2006 P.L. (109-248), 42 U.S.C. section 16911 et seq., as amended.

16-27

The council shall consist of the department of public safety, the attorney general, the department

16-28

of corrections, the parole board’s sex offender community notification unit, the judiciary, the

16-29

Rhode Island police chiefs association, members of local law enforcement, and the public

16-30

defender. The commissioner of the department of public safety shall appoint persons who, by

16-31

experience or training, have a personal interest or professional expertise in law enforcement,

16-32

crime prevention, victim advocacy, criminology, psychology, parole, public education or

16-33

community relations.

17-34

     (b) After consultation with members of the advisory council established pursuant to this

17-35

section and within six (6) months of the appointment of such members, the department of public

17-36

safety shall promulgate rules and regulations required pursuant to the provisions of this chapter.

17-37

     (c) One year after the effective date of this section, the department of public safety and

17-38

the council shall conduct a comprehensive review of the guidelines to determine whether any

17-39

changes or revisions should be promulgated. Upon completion of that review and the submission

17-40

of any recommendations thereon, the council shall expire.

17-41

     CHAPTER 37.4

17-42

SEXUAL OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION ACT

17-43

     11-37.4-1. Short title. – This chapter shall be known and may be cited as the "Sexual

17-44

Offender Registration and Community Notification Act."

17-45

     11-37.4-2. Purpose. -- The intent of this chapter is to implement the federal Sex Offender

17-46

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

17-47

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

17-48

hereafter amended.

17-49

     11-37.4-3. Definitions. -- As used in this chapter:

17-50

     (1) “Abscond” means to not register as required, or to relocate to some unknown place

17-51

other than the registered place of residence, or to conceal himself or herself in an attempt to avoid

17-52

registration or verification of registration.

17-53

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

17-54

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

17-55

regardless of whether an appeal is pending; or

17-56

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

17-57

appeal is pending; or

17-58

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

17-59

whether an appeal is pending; or

17-60

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

17-61

whether an appeal is pending; or

17-62

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

17-63

appeal is pending, but only if the offender is fourteen (14) years of age or older at the time of the

17-64

offense and the offense adjudicated was comparable to or more severe than aggravated sexual

17-65

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

17-66

offense; or

17-67

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

17-68

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

18-1

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

18-2

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

18-3

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

18-4

required by this chapter.

18-5

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

18-6

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

18-7

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

18-8

     (iii) Incapable of appraising the nature of his or her conduct;

18-9

     (iv) Physically incapable of communicating non-consent;

18-10

     (v) Rendered unconscious by the offender; or

18-11

     (vi) Involuntarily drugged by the offender.

18-12

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

18-13

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

18-14

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

18-15

16920.

18-16

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

18-17

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

18-18

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

18-19

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

18-20

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

18-21

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

18-22

intermittent basis.

18-23

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

18-24

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

18-25

nature of the institution in which the offender serves the sentence. The term includes, but is not

18-26

limited to, confinement in a state prison as well as in a federal, military, foreign, BIA, private or

18-27

contract facility, a local or tribal jail, or a juvenile detention facility. Persons under home

18-28

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

18-29

provisions of this chapter during their period of home confinement.

18-30

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

18-31

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

18-32

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

18-33

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

19-34

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

19-35

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

19-36

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

19-37

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

19-38

     (15) “School” includes, but is not limited to:

19-39

     (i) A child day care center that, on a regular or irregular basis, receives any child under

19-40

the age of sixteen (16) years, for the purpose of care and/or supervision, not in a home or

19-41

residence, apart from the child's parent or guardian for any part of a twenty-four (24) hour day

19-42

irrespective of compensation or reward.

19-43

     (ii) Private nursery schools and other regular programs of educational services to children

19-44

between the ages of two (2) years eight (8) months and six (6) years of age where the schools and

19-45

programs operate one or more sessions daily; or

19-46

     (iii) A elementary or secondary school, whether public or private.

19-47

     (16) "Sexual act" means:

19-48

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

19-49

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

19-50

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

19-51

semen is not required; or

19-52

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

19-53

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

19-54

sexual desires of another.

19-55

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

19-56

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

19-57

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

19-58

     (18) "Sex offense" means:

19-59

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

19-60

enumerated in section 11-37.4-4 of this chapter or any other covered offense under law.

19-61

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

19-62

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

19-63

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

19-64

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

19-65

     (19) "Sex offender" means a person who is or ever has been convicted of a sex offense,

19-66

including, but not limited to:

19-67

     (i) A person already registered or subject to pre-existing sex offender registration

19-68

requirements under the state’s law; or

20-1

     (ii) A person incarcerated or under the supervision of the state, including, but not limited

20-2

to, serving a suspended sentence, serving a term of probation, or serving a deferred sentence,

20-3

whether for a covered sex offense or another crime.

20-4

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

20-5

program maintained by the department.

20-6

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

20-7

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

20-8

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

20-9

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

20-10

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

20-11

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

20-12

seq., as amended.

20-13

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

20-14

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

20-15

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

20-16

education.

20-17

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

20-18

offense as defined in subsection 11-37.4-9(a).

20-19

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

20-20

sex offense as defined in subsection 11-37.4-9(b), or who is subject to the recidivist provisions of

20-21

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

20-22

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

20-23

sex offense as defined in subsection 11-37.4-9(c), or who is subject to the recidivist provisions of

20-24

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

20-25

     11-37.4-4. Covered offenses. – Individuals who have been or are convicted of any of the

20-26

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

20-27

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

20-28

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

20-29

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

20-30

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

20-31

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

20-32

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

20-33

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

21-34

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

21-35

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

21-36

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

21-37

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

21-38

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

21-39

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

21-40

felony is sexual assault;

21-41

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

21-42

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

21-43

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

21-44

activity);

21-45

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

21-46

     (xiv) Section 11-26-1.5 (enticement of children) with the intent to violate sections 11-37-

21-47

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

21-48

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

21-49

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

21-50

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

21-51

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

21-52

     (xix) Section 11-1-10 (soliciting an incompetent person) where the underlying offense is

21-53

a violation of chapter 34.1 of this title and the victim or person solicited to commit the offense is

21-54

a minor;

21-55

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

21-56

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

21-57

of eighteen (18) years; or

21-58

     (xxii) Section 11-37.4-19 (failure to register).

21-59

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

21-60

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

21-61

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

21-62

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

21-63

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

21-64

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

21-65

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

21-66

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

21-67

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

22-68

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

22-69

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

22-70

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

22-71

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

22-72

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

22-73

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

22-74

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

22-75

import into the United States);

22-76

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

22-77

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

22-78

activity);

22-79

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

22-80

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

22-81

or

22-82

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

22-83

sexual conduct).

22-84

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

22-85

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

22-86

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

22-87

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

22-88

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

22-89

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

22-90

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

22-91

     (5) Any conviction that required a person to register as a sex offender in another

22-92

jurisdiction. This includes, but is not limited to, any conviction committed in any jurisdiction that

22-93

involved or involves:

22-94

     (i) Any sexual act;

22-95

     (ii) Any sexual contact;

22-96

     (iii) Kidnapping of a minor;

22-97

     (iv) False imprisonment of a minor;

22-98

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

22-99

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

22-100

acts or contact;

22-101

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

23-102

     (vii) Solicitation of a minor to practice prostitution;

23-103

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

23-104

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

23-105

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

23-106

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

23-107

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

23-108

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

23-109

     (xi) Any offense similar to those outlined in:

23-110

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

23-111

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

23-112

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

23-113

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

23-114

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

23-115

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

23-116

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

23-117

     11-37.4-5. Creation of registries. – (a) There is hereby established a sex offender

23-118

registry, which the department shall have the sole responsibility to maintain and operate pursuant

23-119

to the provisions of this chapter. The sex offender registry shall be maintained in an electronic

23-120

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

23-121

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

23-122

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

23-123

     11-37.4-6. Registry required. – Any person who qualifies as a sex offender, as defined

23-124

in subdivision 11-37.4-3 (19), must register with the department if the sex offender:

23-125

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

23-126

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

23-127

residence, employment or school attendance;

23-128

     (2) Is convicted by the state for a covered sex offense;

23-129

     (3) Resides within the state;

23-130

     (4) Is employed within the state; or

23-131

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

23-132

     11-37.4-7. Timing of registration. – (a) A sex offender required to register with the state

23-133

under this chapter shall do so in the following timeframes:

23-134

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

23-135

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

23-136

offense;

24-1

     (2) If incarcerated by the state, whether or not convicted by the state, for a covered sex

24-2

offense, the sex offender must register before being released from incarceration; or

24-3

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

24-4

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

24-5

department.

24-6

     (b) Any person who qualifies as a sex offender under 11-37.4-3(19)(i) or (ii) must

24-7

register with the department. The department shall provide the sex offender notice of the duty to

24-8

register and shall ensure the registration of aforementioned sex offenders within the following

24-9

timeframe to be calculated from the effective date of this chapter:

24-10

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

24-11

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

24-12

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

24-13

     (c) The department shall ensure:

24-14

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

24-15

completes his or her initial registration with the state;

24-16

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

24-17

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

24-18

registration and notification requirements;

24-19

     (3) That the sex offender is registered; and

24-20

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

24-21

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

24-22

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

24-23

     11-37.4-8. Required information. – (a) A sex offender who is required to register with

24-24

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

24-25

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

24-26

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

24-27

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

24-28

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

24-29

they are used; and

24-30

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

24-31

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

24-32

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

24-33

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

25-34

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

25-35

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

25-36

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

25-37

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

25-38

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

25-39

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

25-40

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

25-41

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

25-42

     (iii) Every year for tier I sex offenders.

25-43

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

25-44

     (i) A physical description;

25-45

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

25-46

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

25-47

tattoos.

25-48

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

25-49

jurisdiction.

25-50

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

25-51

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

25-52

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

25-53

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

25-54

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

25-55

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

25-56

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

25-57

by a street or address.

25-58

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

25-59

     (i) Any and all landline telephone numbers;

25-60

     (ii) Any and all cellular telephone numbers; and

25-61

     (iii) Any and all telephone numbers and any other designations used by the sex offender

25-62

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

25-63

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

25-64

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

25-65

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

25-66

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

25-67

communications or postings; and

26-68

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

26-69

identification for the purposes of Internet communications or postings.

26-70

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

26-71

use including land vehicles, aircraft, and watercraft:

26-72

     (i) License plate numbers;

26-73

     (ii) Registration numbers or identifiers;

26-74

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

26-75

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

26-76

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

26-77

is employed in any means including volunteer and unpaid positions:

26-78

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

26-79

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

26-80

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

26-81

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

26-82

or carry out a trade or business.

26-83

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

26-84

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

26-85

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

26-86

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

26-87

     (i) The date of all arrests;

26-88

     (ii) The date of all convictions;

26-89

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

26-90

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

26-91

     (v) Any outstanding arrest warrants.

26-92

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

26-93

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

26-94

to the FBI Central Database, Next Generation Identification Program.

26-95

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

26-96

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

26-97

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

26-98

and entry of the resulting DNA profile into CODIS.

26-99

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

26-100

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

26-101

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

26-102

more:

27-1

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

27-2

names; and

27-3

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

27-4

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

27-5

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

27-6

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

27-7

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

27-8

provide the sex offender’s travel information to INTERPOL.

27-9

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

27-10

as provided in subdivision 11-37.4-7(c)(2).

27-11

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

27-12

digitized format.

27-13

     11-37.4-9. Tiered offenses. – (a) A tier I offense includes:

27-14

     (1) Any sex offense for which a person has been convicted that is not a tier II or tier III

27-15

offense;

27-16

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

27-17

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

27-18

eighteen (18) years; or

27-19

     (ii) Section 11-37.4-18 (failure to register);

27-20

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

27-21

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

27-22

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

27-23

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

27-24

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

27-25

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

27-26

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

27-27

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

27-28

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

27-29

or

27-30

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

27-31

sexual conduct);

27-32

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

27-33

government, or qualifying foreign country pursuant to section 11-37.4-4 that involves the false

27-34

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

28-1

pornography; or

28-2

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

28-3

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

28-4

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

28-5

     (b) A tier II offense includes any one of the following:

28-6

     (1) Unless otherwise covered by subsection (c), any sex offense where the offender has at

28-7

least one prior conviction for a tier I offense, or has become a tier I sex offender;

28-8

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

28-9

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

28-10

years of age or older;

28-11

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

28-12

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

28-13

activity);

28-14

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

28-15

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

28-16

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

28-17

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

28-18

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

28-19

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

28-20

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

28-21

     (x) Section 11-1-10 (soliciting an incompetent person) where the underlying offense is a

28-22

violation of chapter 34.1 of this title and the victim or person solicited to commit the offense is

28-23

under the age of eighteen (18);

28-24

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

28-25

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

28-26

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

28-27

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

28-28

years of age or older);

28-29

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

28-30

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

28-31

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

28-32

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

28-33

pornography);

29-34

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

29-35

import into the United States);

29-36

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

29-37

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

29-38

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

29-39

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

29-40

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

29-41

or conspiracy to commit such an offense, that involves:

29-42

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

29-43

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

29-44

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

29-45

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

29-46

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

29-47

     (v) The production or distribution of child pornography.

29-48

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

29-49

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

29-50

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

29-51

     (c) A tier III offense includes any one of the following:

29-52

     (1) A sex offense where the offender has at least one prior conviction for a tier II sex

29-53

offense, or has previously become a tier II sex offender;

29-54

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

29-55

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

29-56

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

29-57

of age or younger;

29-58

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

29-59

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

29-60

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

29-61

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

29-62

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

29-63

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

29-64

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

29-65

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

29-66

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

29-67

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

29-68

felony is sexual assault; or

30-1

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

30-2

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

30-3

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

30-4

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

30-5

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

30-6

(abusive sexual contact);

30-7

     (4) Any sex offense that involves:

30-8

     (i) Non-parental kidnapping of a minor;

30-9

     (ii) A sexual act; or

30-10

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

30-11

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

30-12

through the clothing;

30-13

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

30-14

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

30-15

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

30-16

     11-37.4-10. Duration of registration and frequency of verification. – (a) A sex

30-17

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

30-18

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

30-19

following time frames:

30-20

     (1) For tier I offenders, once every year for fifteen (15) years from the expiration of his or

30-21

her sentence for the covered sex offense;

30-22

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

30-23

years from the expiration of his or her sentence for the covered sex offense; and

30-24

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

30-25

     (b) At each in-person verification:

30-26

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

30-27

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

30-28

inaccurate information; and

30-29

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

30-30

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

30-31

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

30-32

     (c) Where, during the period in which the sex offender is required to register, the sex

30-33

offender required to register under this chapter is incarcerated or re-incarcerated for any offense

30-34

or is civilly committed, the sex offender’s registration requirements shall be tolled during the

31-1

subsequent incarceration, re-incarceration or commitment. The sex offenders' duty to register

31-2

shall resume upon release in accordance with 11-37.4-7(a)(2).

31-3

     11-37.4-11. Reduction of registration periods. – (a) A sex offender may have his or her

31-4

period of registration reduced as follows:

31-5

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

31-6

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

31-7

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

31-8

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

31-9

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

31-10

     (b) A sex offender may file a motion for a reduction of his or her registration period by

31-11

filing a motion in the court where the conviction for the covered sex offense took place in

31-12

accordance with the time frames in subsection (a).

31-13

     (c) A sex offender filing a motion for a reduction of his or her registration period shall

31-14

give notice of the hearing date set by the court to the department and the department of attorney

31-15

general at least ten (10) days prior to that date.

31-16

     (d) The court, after a hearing at which all relevant testimony and information shall be

31-17

considered may in its discretion order the reduction of the registration period of the sex offender

31-18

filing the motion if it finds that the sex offender has kept a clean record in accordance with the

31-19

time frames in subsection (a).

31-20

     (e) For the purposes of this section, a sex offender has a clean record if:

31-21

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

31-22

than one year may be imposed;

31-23

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

31-24

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

31-25

release, probation, or parole; and

31-26

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

31-27

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

31-28

     (f) If the court grants the motion, it shall send a copy of the order to the department and

31-29

the department of attorney general.

31-30

     11-37.4-12. Keeping registration current. – (a) All sex offenders required to register

31-31

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

31-32

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

31-33

employment or school attendance.

32-34

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

32-35

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

32-36

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

32-37

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

32-38

temporarily staying.

32-39

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

32-40

shall immediately notify:

32-41

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

32-42

information being given;

32-43

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

32-44

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

32-45

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

32-46

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

32-47

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

32-48

     (5) The NSOR.

32-49

     11-37.4-13. Public sex offender registry website. – (a) The department shall use and

32-50

maintain a public sex offender registry website.

32-51

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

32-52

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

32-53

     (c) The registry website shall include:

32-54

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

32-55

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

32-56

contends is erroneous;

32-57

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

32-58

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

32-59

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

32-60

criminal penalties; and

32-61

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

32-62

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

32-63

general of the United States.

32-64

     11-37.4-14. Required and prohibited website information. – (a) The following

32-65

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

32-66

     (1) Notice that an offender is in violation of his or her registration requirements or cannot

32-67

be located if the sex offender has absconded;

33-68

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

33-69

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

33-70

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

33-71

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

33-72

     (6) A current photograph of the sex offender;

33-73

     (7) A physical description of the sex offender;

33-74

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

33-75

offender habitually lives or sleeps;

33-76

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

33-77

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

33-78

vehicle.

33-79

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

33-80

registry website:

33-81

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

33-82

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

33-83

     (3) Any travel and immigration documents;

33-84

     (4) The identity of the victim;

33-85

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

33-86

     (6) Any information of a sex offender who was adjudicated delinquent of a sex offense.

33-87

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

33-88

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

33-89

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

33-90

offender registry website.

33-91

     11-37.4-15. Community notification. – (a) Whenever a sex offender initially registers or

33-92

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

33-93

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

33-94

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

33-95

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

33-96

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

33-97

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

33-98

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

33-99

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

33-100

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

33-101

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

34-102

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

34-103

place that ensures the following:

34-104

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

34-105

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

34-106

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

34-107

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

34-108

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

34-109

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

34-110

can access the public registry for the new information.

34-111

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

34-112

offenders who were adjudicated delinquent of a sex offense.

34-113

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

34-114

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

34-115

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

34-116

chapter.

34-117

     11-37.4-16. Failure to appear for registration. – (a) In the event a sex offender fails to

34-118

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

34-119

shall immediately inform the local law enforcement agency of the city or town where the sex

34-120

offender resides, is employed or attends school and/or the jurisdiction that provided notification

34-121

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

34-122

state, that the sex offender failed to appear for registration or failed to update his or her

34-123

registration information.

34-124

     (b) Upon notification by the state, the local law enforcement agency where the sex

34-125

offender resides, is employed or attends school, shall:

34-126

     (1) Make an effort to determine if the sex offender is actually residing, employed or

34-127

attending school within their city or town; and

34-128

     (2) Seek a warrant for the sex offender’s arrest for failing to register or verify or update

34-129

their registration in compliance with this chapter. The U.S. marshals service or FBI may be

34-130

contacted in an attempt to obtain a federal warrant for the sex offender’s arrest.

34-131

     (c) The department shall update the registry to reflect that the sex offender is not in

34-132

compliance with his or her duty to register.

34-133

     11-37.4-17. Absconding. – (a) If the department receives information that a sex offender

34-134

has absconded or local law enforcement cannot determine whether the sex offender is actually

34-135

residing, employed or attending school in a city or town using the measures outlined in subsection

34-136

11-37.4-17 (b), the department, with the assistance of local law enforcement, shall make an effort

35-1

to determine if the sex offender has actually absconded.

35-2

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

35-3

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

35-4

to appear and register.

35-5

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

35-6

following steps:

35-7

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

35-8

capable of being located;

35-9

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

35-10

law enforcement agency can seek a warrant for the sex offender’s arrest.

35-11

     (3) Notify the U.S. marshals service or FBI so they may attempt, if necessary, to obtain a

35-12

federal warrant for the sex offender’s arrest;

35-13

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

35-14

not capable of being located; and

35-15

     (5) Enter the sex offender into the National Crime Information Center Wanted Person

35-16

file.

35-17

     11-37.4-18. Crimes and civil sanctions. – (a) Any person who is required to register

35-18

under this chapter who knowingly fails to comply with any of the provisions provided herein

35-19

shall be guilty of a felony and subject to imprisonment for not more than ten (10) years, or fined

35-20

not more than ten thousand dollars ($10,000), or both.

35-21

     (b) Any person who is required to register under this chapter who knowingly fails to

35-22

comply with any of the provisions provided herein shall be in violation of the terms of his or her

35-23

release, regardless of whether or not the term was a special condition of his or her release on

35-24

probation, parole or home confinement or other form of supervised release.

35-25

     (c) Any person who is required to register or verify his or her address, who knowingly

35-26

resides within three hundred feet (300') of any school, public or private, shall be guilty of a felony

35-27

and upon conviction may be imprisoned for not more than five (5) years, or fined not more than

35-28

five thousand dollars ($5,000) or both.

35-29

     11-37.4-19. Hindrance of sex offender registration. – (a) It shall be unlawful to

35-30

knowingly harbor or knowingly attempt to harbor, or knowingly assist another person in

35-31

harboring or attempting to harbor a sex offender who is in violation of this chapter or knowingly

35-32

assists a sex offender in eluding a law enforcement agency that is seeking to find the sex offender

35-33

to question the sex offender about, or to arrest the sex offender for noncompliance with the

35-34

requirements of this chapter; or provides information to a law enforcement agency regarding a

36-1

sex offender which the person knows to be false.

36-2

     (b) Those found in violation of subsection (a) shall be guilty of a felony and subject to

36-3

imprisonment for not more than ten (10) years, or fined not more than ten thousand dollars

36-4

($10,000), or both.

36-5

     11-37.4-20. No subrogation of local law enforcement. – Notwithstanding the provisions

36-6

of this chapter, local law enforcement agencies within the state shall have the authority provided

36-7

by law to enforce the provisions of this chapter, including, but not limited to, residency

36-8

verification checks. Local law enforcement agencies shall be under no duty to register sex

36-9

offenders as provided by this chapter.

36-10

     11-37.4-21. Rules and regulations for community notification. – (a) The department

36-11

shall promulgate rules and regulations to implement the provisions required in this chapter.

36-12

     11-37.4-22. Immunity. – Any person acting under good faith pursuant to this chapter

36-13

shall be immune from any civil liability arising out of such actions.

36-14

     11-37.4-23. Severability. – If any provision of this chapter or its application to any

36-15

person or circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality

36-16

shall not affect other provisions or applications of this chapter which can be given effect without

36-17

the invalid or unconstitutional provision or application, and to this end the provisions of this

36-18

chapter are declared to be severable.

36-19

     SECTION 3. Section 2 shall take effect upon passage. Sections 1 and 3 shall take effect

36-20

on July 1, 2014, and shall apply to all persons who are or have been convicted of a sex offense

36-21

and are required to register as a sex offender as provided by this act.

=======

LC00959

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES - SEXUAL OFFENDER REGISTRATION AND

COMMUNITY NOTIFICATION

***

37-1

     This act would repeal the state sexual offender registration and community notification,

37-2

and would adopt the federal sex offender registration and notification act (SORNA) (Title 1 of

37-3

public law 109-248) in its place.

37-4

     Section 2 would take effect upon passage. Sections 1 and 3 would take effect on July 1,

37-5

2014 and would apply to all persons who are convicted of a sex offense and are required to

37-6

register as a sex offender as provided by this act.

=======

LC00959

=======