CHAPTER 104

96-H 7576B am

Approved Jul. 24, 1996.

AN ACT RELATING TO SEXUALLY VIOLENT PREDATORS

It is enacted by the General Assembly as follows:

SECTION 1. Title 11 of the general laws entitled "Criminal Offenses" is hereby amended by adding thereto the following chapter:

{ADD CHAPTER 37.1 ADD} {ADD SEXUAL OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION ADD}

{ADD 11-37.1-1. Short title. -- ADD} {ADD This chapter shall be known and be cited as the "Sexual Offender Registration and Community Notification Act". ADD}

{ADD 11-37.1-2. Definitions. -- ADD} {ADD (A) The terms "board", "board of review" or "board of review of sexually violent predatory behavior", shall mean the board of review of sexually violent predatory behavior appointed by governor pursuant to section 11-37.1-6.

(B) The terms, "council" or "community notification council", shall mean the community notification council appointed pursuant to section 11-37.1-12.

(C) The term "criminal offense against a victim who is a minor", shall mean and include any of the following offenses or any offense in another jurisdiction which is substantially the equivalent of the following and for which the person is or would be required to register under 42 U.S.C. 14071:

(1) kidnapping or false imprisonment of a minor, in violation of section 11-26-1.4; or section 11-26-1 or 11-26-2, where the victim of such offense is sixteen years of age or older and under the age of eighteen years; or,

(2) any violation of section 11-37-6, 11-37-8, 11-37-8.1 or 11-37-8.3; or a violation of section 11-10-1, where the victim of such offense is under the age of eighteen years; or

(3) any violation of section 11-1-10, where the underlying offense is a violation of chapter 11-34 and the victim or person solicited to commit the offense is under the age of eighteen years; or,

(4) any violation of section 11-9-1(b) or (c).

(D) The term "sexually violent offense", shall mean and include any violation of section 11-10-1, 11-37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3 or any offense in another jurisdiction which is substantially the equivalent of any offense listed in this subsection and for which the person is or would be required to register under 42 U.S.C. 14071.

(E) The term "sexually violent predator", shall mean a person who has been convicted of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.

(F) The term "conviction" or "convicted", shall mean and include any instance where:

(1) a judgement of conviction has been entered against any person for any offense specified in subsection (C) or (D) of this section, regardless of whether an appeal is pending; or,

(2) there has been a finding of guilty for any offense specified in subsection (C) or (D) of this section, regardless of whether an appeal is pending; or

(3) there has been a plea of guilty or nolo contendre for any offense specified in subsection (C) or (D) of this section, regardless of whether an appeal is pending; or,

(4) there has been an admission of sufficient facts or a finding of delinquency for any offense specified in subsection (C) or (D) of this section, regardless of whether or not an appeal is pending.

Provided, however, in the event that a conviction, as defined in this subsection, has been overturned, reversed, or otherwise vacated, the person who was the subject of such conviction shall no longer be required to register as required by this chapter and any records of such registration shall be destroyed. Provided, further that nothing herein shall be construed to eliminate a registration requirement of a person who is again convicted of an offense for which registration is required by this chapter.

(G) The term "designated state law enforcement agency", shall mean the attorney general or his or her designee.

(H) The term "mental abnormality" shall mean a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.

(I) The term "predator", shall mean a person whose act(s) is(are) or was(were) directed at a stranger, or at a person with whom a relationship has been established or promoted for the primary purpose of victimization. ADD}

{ADD 11-37.1-3. Registration required -- Persons covered. -- ADD} {ADD Any person who has been convicted in this or any other jurisdiction of (A) a criminal offense against a victim who is a minor or (B) who is convicted of a sexually violent offense, or (C) has been determined to be a sexually violent predator shall be required to register his or her current address with a designated state law enforcement agency for the time period specified in section 11-37.1-4. ADD}

{ADD 11-37.1-4. Duration of registration -- Frequency of registration. -- ADD} {ADD (A) Any person required to register under section 11-37.1-3, shall annually register with a designated state law enforcement agency for a period of ten (10) years subsequent to the date of conviction for such offense or offenses, and shall verify his or her address with such agency on a quarterly basis for the first two (2) years of such period, unless such person has been determined to be a sexually violent predator in accordance with section 11-37.1-6(E)(2).

(B) Any person who has been determined to be a sexually violent predator in accordance with the provisions of section 11-37.1-6, in which case such person shall be required to register annually and to verify his or her address on a quarterly basis until such requirement is terminated in accordance with section 11-37.1-6(E)(2). ADD}

{ADD 11-37.1-5. Registration requirement upon release, parole, or probation. -- ADD}

{ADD (A) Duty of State Officials

(1) If a person who is required to register under this chapter is released from prison, then the official in charge of the place of confinement or his or her designee shall comply with the provisions of subsection (B); or,

(2) If a person who is required to register under this chapter is placed on parole, the executive secretary of the parole board shall comply with the provisions of subsection (B); or,

(3) If a person who is required to register under this chapter is released on probation or placed on home confinement, then the assistant administrator or the division of probation shall comply with the provisions of subsection (B); or,

(4) If a person who is required to register under this chapter, is released from a juvenile correctional facility, either outright or on some form of supervised release, then the person in charge of such institution shall comply with the provisions of subsection (B); or,

(5) If a person who is required to register under this chapter is placed on juvenile probation, then the person in charge of such program shall comply with the provisions of subsection (B); or

(6) If a person who is required to register under this chapter has moved into this state under the provisions of an interstate compact providing for supervision of the terms of his or her release by agents of this state, then the administrator of such interstate compact shall comply with the provisions of subsection (B).

(B) Notification of registration requirements. -- The person designated with the responsibility for the notification requirements of this chapter shall, prior to the release of any person required to register under this chapter:

(1) inform the person of the duty to register and obtain the information required for such registration; and

(2) inform the person that if the person changes his or her residence address, the person shall give the new address to a designated state law enforcement agency in writing within ten (10) days; and

(3) inform the person that if the person changes residence to another state, the person shall register the new address with the law enforcement agency with whom the person last registered, and the person is also required to register with a designated law enforcement agency in the new state not later than ten (10) days after establishing residence in the new state, if the new state has a registration requirement; and

(4) obtain fingerprints and a photograph of the person if these have not already been obtained in connection with the offense that triggers registration; and

(5) require the person to read and sign a form approved by the attorney general stating that the duty of the person to register under this section has been explained.

(C) In addition to the requirements of subsection (B), for a person required to register under subsection (C) of section 11-37.1-3 of this chapter, then the person responsible for the notification required under subsection (B) of this section shall obtain the name of the person, identifying factors, anticipated future residence, offense history, and documentation of any treatment received for the mental abnormality or personality disorder of the person. For purposes of this subsection, the provisions of section 5-37-3, pertaining to health care privileges or the provisions of section 9-17-24, pertaining to the privilege of witnesses, shall not be effective so as to prevent the transfer of information or the testimony of any person possessing such information required by this subsection. Any information so obtained may be used by the board of review or the community notification board in making a determination of whether or not the person is or continues to be a sexually violent predator or in determining the level of notification under section 11-37.3-12. Such information may also be used by the sentencing court or by any court reviewing the level of notification determined by the community notification board or any conviction or sentence which requires registration under this chapter. Provided, however, information so obtained shall not be admissible in any other judicial proceeding against the subject of such information except to determine, redetermine or review a person's status as a sexually violent predator or to determine or review the level of notification to the community which has been made by a court or the community notification board. Provided, further, that this subsection shall not be applicable to any person for whom an appeal is pending for which a final judgement of conviction has not been entered, until such time as a final conviction has been entered. ADD}

{ADD 11-37.1-6. Sexually violent predators. -- ADD} {ADD (A) Board of Review ADD}

{ADD The governor shall within ninety (90) days of the effective date of this chapter, appoint three (3) persons who are experts in the field of the behavior and treatment of sexual offenders by reason of training and experience to the board of review of sexually violent predatory behavior. Such persons shall serve at the pleasure of the governor or until their successor has been duly qualified and appointed.

(B) Duties of the court.

Upon the request of the prosecutor, in writing, seeking a determination that a person meets the criteria specified in section 11-37.1-3(E) as a sexually violent predator, the sentencing court, after notice to the offender and/of his or her counsel, shall refer the matter to the sexually violent predator board of review. Upon receipt of a report from the board and upon consideration of such report and other materials, the court shall make a determination as to whether or not the person is a sexually violent predator.

(C) Duties of board.

(1) The board upon referral from a sentencing court under subsection (B), or an agency having custody under subsection (D), the board shall make findings as to whether or not a person convicted of an offense specified in section 11-37.1-2(D) is possessed of a mental abnormality that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.

(2) The board shall within thirty (30) days of such a referral of a person obtain such evidence and documentation sufficient to aid the court in its determination as to whether or not a person convicted of an offense specified in section 11-37.1-2(D) is a sexually violent predator and shall forward such evidence and documentation to the sentencing court along with a report of its findings.

(3) No cause of action or liability shall arise or exist against the board or any member or agent thereof as result of the failure of such board to make such findings as required by this section within the time period specified by subsection (C)(2).

(D) Duty of other state agencies.

Six (6) months prior to the release of any person convicted of a violation of any offense specified in section 11-37.1-2(D), the agency having custody of such person shall refer such person, to the board of review, together with such reports and documentation as may be helpful to the board, for a determination as to whether or not such person is possessed of a mental abnormality that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.

(E) Effect of determination.

(1) In the event that a determination is made that a person possesses a mental abnormality, such person shall be required to verify his or her address in accordance with section 11-37.1-8(B). Such duty shall continue until such time as the court makes a determination in accordance with subsection (E)(2) that a person is no longer a sexually violent predator.

(2) In the event that a determination is made by the court that the person is no longer a sexually violent predator, any responsibility on the part of person to verify his or her address with the frequency specified by section 11-37.1-8(B) shall terminate.

(3) In addition, should the person be determined by the court to be a sexually violent predator, the board shall meet upon request in writing of the person to determine whether or not the person continues to be possessed of a mental abnormality that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. In no case shall the board meet to make such determination more frequently than on an annual basis, subsequent to the initial determination.

(4) Nothing herein shall operate so as to terminate such person's duty to register under section 11-37.1-3 for a period of ten (10) years subsequent to a conviction for offenses specified in section 11-37.1-2(C) or (D). ADD}

{ADD 11-37.1-7. Transfer of information to designated state law enforcement agency and the FBI. -- ADD} {ADD The person required to provide notice in accordance with section 11-37.1-5(A), shall, within three (3) days after receipt of information therein defined, forward it to a designated state law enforcement agency. The state law enforcement agency shall immediately enter the information into the appropriate state law enforcement record system and notify the appropriate law enforcement agency having jurisdiction where the person expects to reside. The state law enforcement agency shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation. ADD}

{ADD 11-37.1-8. Verification of address. -- ADD} {ADD (A) For a person required to register under subsection (A) or (B) of section 11-37.1-3 on each anniversary of the person's initial registration date during the period in which the person is required to register:

(1) The designated state law enforcement agency shall mail a nonforwardable verification form to the last reported address of the person; and,

(2) The person shall mail the verification form to the designated state law enforcement agency within ten (10) days after receipt of the form; and,

(3) The verification form shall be signed by the person, and state that the person still resides at the address last reported to the designated state law enforcement agency; and,

(4) If the person fails to mail the verification form to the designated state law enforcement agency within ten (10) days after receipt of the form, the person shall be in violation of this chapter unless the person proves that the person has not changed the residence address from that which he or she last registered.

(B) The provisions of subsection (A) shall apply to a person required to register under subsection (C) of section 11-37.1-3, except that such person must verify his or her address every ninety (90) days after the date of the initial release or commencement of parole. ADD}

{ADD 11-37.1-9. Notification of local law enforcement agencies of changes in address. -- ADD} {ADD (A) Duty of designated state law enforcement agency.

For any person required to register under this chapter, the designated state law enforcement agency having jurisdiction where the person is residing, shall, if the person changes residence to another state, notify the law enforcement agency with which the person must register in the new state, if the new state has a registration requirement.

(B) Duty of person required to register.

A person who has been convicted of an offense which required registration under this chapter shall register the new address with a designated state law enforcement agency in another state to which the person moves not later than ten (10) days after such person establishes residence in the new state, if the new state has a registration requirement. ADD}

{ADD 11-37.1-10. Penalties. -- ADD} {ADD (A) Any person who is required to register or verify his or her address, who knowingly fails to do so, shall be guilty of a felony and upon conviction be imprisoned not more than two (2) years or fines not more than two thousand dollars ($2,000) or both.

(B) Any person who is required to register or verify his or her address, who knowingly fails to do so, shall be in violation of the terms of his or her release, regardless of whether or not such term was a special condition of his or her release on probation, parole or home confinement or other form of supervised release. ADD}

{ADD 11-37.1-11. Release of information. -- ADD} {ADD (A) Except as otherwise provided by this chapter or as provided in subsection (B) no information obtained under this chapter shall be released or transferred without the written consent of the person or his or her authorized representative.

(B) No consent for release or transfer of information obtained under this chapter shall be required in the following instances:

(1) such information may be disclosed to law enforcement agencies for law enforcement purposes; and,

(2) such information may be disclosed to government agencies conducting confidential background checks; and,

(3) the designated law enforcement agency and any local law enforcement agency authorized by the state agency may release relevant information that is necessary to protect individuals concerning a specific person required to register under this chapter, except that the identity of a victim of an offense that requires registration under this section shall not be released; and,

(4) such information may be released or disseminated in accordance with the provisions of section 11-37.1-12. ADD}

{ADD 11-37.1-12. Rules and regulations for community notification -- Establishment of advisory council. -- ADD} {ADD (A) A notification advisory council is hereby established to consult with and provide recommendations to the attorney general concerning the guidelines to be promulgated pursuant to this act. The council shall consist of twelve (12) persons who, by experience or training, have a personal interest or professional expertise in law enforcement, crime prevention, victim advocacy, criminology, psychology, parole, public education or community relations. The members of the council shall be appointed in the following manner: one (1) person shall be appointed by the attorney general, three (3) shall be appointed by the governor, of whom no more than two (2) shall be of the same political party; four (4) shall be appointed by the senate majority leader of whom no more than two (2) shall be of the same political party; and four (4) shall be appointed by the speaker of the house of representatives of whom no more than three (3) shall be of the same political party. Any vacancies occurring in the membership shall be filled in the same manner as the original appointments.

(B) After consultation with members of the advisory council established pursuant to this section and within six (6) months of the appointment of such members, the attorney general shall promulgate guidelines and procedures for notification required pursuant to the provisions of this section.

(C) The guidelines shall identify factors relevant to risk of re-offense and shall provide for three (3) levels of notification depending upon the degree of the risk of re-offense.

(1) Factors relevant to risk of re-offense shall include, but not be limited to, the following:

(a) Conditions of release that minimize risk of re-offense, including but not limited to whether the offender is under supervision of probation or parole; receiving counseling, therapy or treatment; or residing in a home situation that provides guidance and supervision;

(b) Physical conditions that minimize risk of re-offense, including but not limited to advanced age or debilitating illness;

(c) Criminal history factors indicative of high risk of re-offense, including;

(i) Whether the offender's conduct is characterized by repetitive and compulsive behavior;

(ii) Whether the offender served the maximum term;

(iii) Whether the offender committed the sex offense against a child.

(d) Other criminal history factors to be considered in determining risk, including:

(i) The relationship between the offender and the victim;

(ii) Whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury;

(iii) The number, date and nature of prior offenses.

(e) Whether or not psychological or psychiatric profiles indicate a risk of recidivism;

(f) The offender's response to treatment;

(g) Recent behavior, including behavior while confined or while under supervision in the community as well as behavior in the community following service of sentence; and,

(h) Recent threats against persons or expressions of intent to commit additional crimes.

(2) The regulations shall provide for three (3) levels of notification depending upon the risk of re-offense by the offender as follows: ADD}

{ADD (a) If risk of re-offense is low, law enforcement agencies likely to encounter the person registered shall be notified;

(b) If risk of reoffense is moderate, organizations in the community including schools, religious and youth organizations likely to encounter the person registered shall be notified in accordance with the attorney general's guidelines, in addition to the notice required by paragraph (1) of this subsection, provided, however that such notice shall be provided only to those schools or organizations which are actually in charge of, or in control of women or children and which are likely to encounter the person registered;

(c) If risk of reoffense is high, the members of the public likely to encounter the person registered shall be notified through means in accordance with the attorney general's guidelines designed to reach members of the public likely to encounter the person registered, in addition to the notice required by paragraphs (1) and (2) of this subsection.

(3) In order to promote uniform application of notification guidelines required by this section, the parole board and the chief law enforcement officer of the city or town in which the convicted offender will reside shall develop procedures for evaluation of the risk of re-offense and implementation of community notification.

(D) One (1) year after the effective date of this section, the attorney general and the council shall conduct a comprehensive review of the guidelines to determine whether any changes or revisions should be promulgated. Upon completion of that review and the submission of any recommendations thereon, the council shall expire. ADD}

{ADD 11-37.1-13. Notification procedures for tiers two and three. -- ADD} {ADD If after review of the evidence pertaining to a person required to register according to the criteria set forth in section 11-37.1-12, the parole board is satisfied that risk of re-offense by the person required to register is either moderate or high, the parole board shall notify the person, in writing, by letter or other documentation;

(A) that community notification will be made not less than ten (10) business days from the date of the letter or other document evidencing an intent to promulgate a community notice in accordance with section 11-37.1-12(C)(2)(b) or (c), together with the level, form and nature that such notification will take; and,

(B) that unless an application for review of the action is filed within the time specified by the letter or other documentation, which in any case shall not be less than ten (10) business days, by the person subject to community notification, with the criminal calendar judge of the superior court for the county in which the person who is the subject of notification resides or intends to reside upon release, whose name shall be specified in the letter or other document, requesting a review of the determination to promulgate a community notification, that notification will take place; and

(C) that should the person subject to community notification, file an application for review on or before the date specified by the letter or other documentation, that no community notification will take place, unless and until affirmed by the court or, if reversed, until such time as the attorney general or his or her designee provides for a notification in accord with the reasons specified for the reversal by the court; and

(D) that the person has a right to be represented by counsel of their own choosing or by an attorney appointed by the court, if the court determines that he or she cannot afford counsel; and

(E) that the filing of an application for review may be accomplished, in the absence of counsel, by delivering a letter objecting to the notification and/or its level, form or nature, together with a copy of the letter or other documentation describing the proposed community notification, addressed to the judge described in the communication to the clerk of the superior court in the county in which the person resides or intends to reside upon release. ADD}

{ADD 11-37.1-14. Preliminary proceedings on objection to community notification. -- Procedures. -- ADD} {ADD (A) Upon receipt of a request from a person subject to community notification under section 11-37.1-12(C)(2)(b) or (c), the superior court of the county in which the person resides or intends to reside upon release, shall:

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

(2) provide notice of the date for such hearing to both the applicant or his or her counsel and to the attorney general; and

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

(4) direct that the attorney general promptly provide copies of all papers, documents and other materials which formed the basis for the determination of the level and manner of community notification be provided to the court and the applicant or his or her counsel. ADD}

{ADD 11-37.1-15. Application hearing procedures. -- ADD} {ADD On the date set for the hearing on the review of the application the court shall:

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

(B) determine whether and to what extent the production of witnesses and cross examination shall be required or permitted depending on the complexities of the matter involved, the extent of doubt concerning the correctness of the level, nature and extent of the notification proposed; and

(C) presume the need for a prompt determination. In any such proceeding the rules of evidence shall not apply and the court may rely on documentary presentations, including expert opinion on all issues. ADD}

{ADD 11-37.1-16. Application review -- burden of production and persuasion. -- ADD} {ADD In any proceeding hereunder, the state shall have the burden of going forward, which burden shall be satisfied by the presentation of a prima facie case that justifies the proposed level of and manner of notification.

For purposes of this section, the term, "prima facie case", shall mean:

(A) in the case of a proposed "tier two" notification as that term is defined by section 11-37.1-12(C)(2)(b):

(1) a description of the class of sex offenders required to register, who constitute low-risk offenders, including a description of that risk, which need not be statistical; and

(2) a further description of that class of sex offenders required to register who constitute moderate risk offenders, which need not be statistical; and

(3) evidence, in the form of expert opinion or otherwise, that the moderate risk offender class poses a higher degree of risk of re-offense which is substantially higher than the low risk offender class; and

(4) evidence that the offender before the court is a moderate risk offender who poses such a substantial risk.

(B) In the case of a proposed "tier three" notification as that term is defined by section 11-37.1-12(C)(2)(c):

(1) a description of the class of sex offenders required to register, who constitute low risk offenders, including a description of that risk, which need not be statistical; and

(2) a further description of that class of sex offenders required to register who constitute moderate risk offenders, which need not be statistical; and

(3) evidence in the form of expert opinion or otherwise, that the moderate-risk offender class poses a higher degree of risk of re-offense substantially higher than the low-risk offender class; and

(4) a further description of that class of sex offenders required to register who constitute high-risk offenders, which need not be statistical; and

(5) evidence, in the form of expert opinion or otherwise, that the high-risk offender class poses a higher degree of risk of re-offense substantially higher than the moderate-risk offender class; and

(6) evidence that the offender before the court is a high-risk offender who poses such a substantial risk.

Upon presentation of a prima facie case, the court shall affirm the determination of the level and nature of the community notification, unless it is persuaded by a preponderance of the evidence that the determination on either the level of notification of the manner in which it is proposed to be accomplished is not in compliance with this chapter or the guidelines adopted hereunder.

Nothing herein shall be construed to prohibit the release of information pertaining to a person who has been convicted of any of the violations of any offense listed in section 11-37.1-2, so long as such information has been gathered or obtained through sources other than the registration process provided by this chapter. Provided further, that nothing herein shall be deemed to authorize the release of any information pertaining to any victim of any offense listed in section 11-37.1-2. ADD}

{ADD 11-37.1-17. Immunity for good faith conduct. -- ADD} {ADD Any person who performs any act or fails to perform any act hereunder shall have good faith immunity from any liability, civil or criminal, that might be incurred as a result of the performance of or the failure to perform any act hereunder. ADD}

{ADD 11-37.1-18. Continuation of prior duty to register. -- ADD} {ADD Any person, who pursuant to the provisions of section 11-37-16 (P.L. 1992, ch. 196, section 1), had a duty to register under that section after having been convicted of any violation of the provisions of chapter 11-37, or for a conviction in another state of first degree sexual assault, which if committed in this state would constitute a violation of chapter 11-37, shall have the duty to register in accordance with the provisions of this chapter. Nothing herein shall be construed to abrogate any duty to register which exists or existed under the provisions of section 11-37-16. ADD}

{ADD 11-37.1-19. Severability. -- ADD} {ADD If any of the provisions of this chapter or the application thereof to any person or circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality shall not effect other provisions or applications of this chapter which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this chapter are declared to be severable. ADD}

SECTION 2. Section 11-37-15 of Chapter 11-37 of the General Laws entitled "Sexual Assault" is hereby repealed in its entirety.

11-37-15. Notice of release or parole of certain sex offenders. -- If a person has been convicted of an offense under the provisions of section 11-37-8.1 -- 11-37-8.3 and is imprisoned, the department of corrections and/or parole board shall, within fourteen (14) days of the person's release or parole, notify the local law enforcement agency for the city or town where the person intends to reside, of the release or parole. ADD}

SECTION 3. Section 11-37-16 of Chapter 11-37 of the General Laws entitled "Sexual Assault" is hereby repealed in its entirety.

11-37-16. Registration of sex offenders. -- (a) Duty to register. -- Any person who since July 1, 1992, has been, or shall hereafter be, convicted of any offense in violation of this chapter, or convicted in another state of first degree sexual assault which if committed in this state would constitute a violation of this chapter, shall, within sixty (60) days after July 21, 1992, or within thirty (30) days of coming into any city or town in which the person shall reside, register with the chief of police of the city or town.

(b) Notice of duty to register -- Prisoner or inmate. -- Any person who, after July 1, 1992, is discharged or paroled from a jail, prison, or other institution where he or she was confined because of the commission or attempt to commit one of the above mentioned offenses or is released from a state hospital to which he or she was committed as a mentally disordered sex offender shall, prior to discharge, parole, or release, be informed of his or her duty to register under this section by the official in charge of the place of confinement or hospital and the official shall require the person to read and sign such form as may be required by the attorney general stating that the duty of the person to register under this section has been explained to the person. The official in charge of the place of confinement or hospital shall obtain the address where the person expects to reside upon his or her discharge, parole, or release and shall report the address to the attorney general. The official in charge of the place of confinement or hospital shall give one copy of the form to the person, and shall send one copy to the attorney general and one (1) copy to the appropriate law enforcement agency having jurisdiction over the place the person expects to reside upon discharge, parole, or release. If the conviction which makes the person subject to this section is a felony conviction, the official in charge shall, not later than forty-five (45) days prior to the scheduled release of the person, send one copy to the appropriate law enforcement agency having local jurisdiction where the person expects to reside upon discharge, parole, or release; one copy to the prosecuting agency which prosecuted the person; and one copy to the attorney general. The official in charge of the place of confinement shall retain one copy. All such forms shall, if the conviction which makes the person subject to this section is a felony conviction, be transmitted within such times as to be received by the local law enforcement agency, and prosecuting agency thirty (30) days prior to the discharge, parole, or release of the person.

(c) Notice of duty to register -- Probationer or one paying fine. -- Any person who, after July 1, 1992, is convicted in this state of the commission or attempt to commit any of the above mentioned offenses and who is released on probation or discharged upon payment of a fine shall, prior to release or discharge, be informed of the duty to register under this section by the court in which the person has been convicted and the court shall require the person to read and sign such form as may be required by the attorney general, stating that the duty of the person to register under this section has been explained to him or her. The court shall obtain the address where the person expects to reside upon release or discharge and shall report within three (3) days the address to the attorney general. The court shall give one copy of the form to the person, and shall send one copy to the attorney general and shall forward one copy to the law enforcement agency where the person expects to reside upon release or discharge.

(d) Persons discharged or paroled from the Youth Training Center -- Destruction of records. -- (1) Any person who, after July 1, 1992, is discharged or paroled from the training school to the custody of which he or she was committed after having been adjudicated guilty of any offense under this chapter shall be subject to registration under the procedures of this section.

(2) Prior to discharge or parole from the training school, all persons subject to registration shall be informed of the duty to register under the procedures set forth in this section. Training school officials shall transmit the required forms and information to the attorney general.

(3)(A) The duty to register under this section for offenses adjudicated by a juvenile court shall terminate when a person reaches the age of twenty-five (25).

(B) All records specifically relating to the registration in the custody of the attorney general, law enforcement agencies, and other agencies or public officials shall be destroyed when the person required to register attains the age of twenty-five (25). This subdivision shall not be construed as requiring the destruction of other criminal offender or juvenile records relating to the case which are maintained unless ordered by a court.

(e) Contents of registration. -- The registration shall consist of (1) a statement in writing signed by the person giving such information as may be required by the attorney general, and (2) the fingerprints and photograph of the person. Within three (3) days thereafter, the registering law enforcement agency shall forward the statement, fingerprints, and photograph to the attorney general.

(f) Change of address. -- If any person required to register pursuant to this section changes his or her residence address, the person shall inform in writing, within ten (10) days, the law enforcement agency with whom he or she last registered of the new address. The law enforcement agency shall, within three (3) days after receipt of this information, forward it to the attorney general. The attorney general shall forward appropriate registration data to the law enforcement agency having local jurisdiction of the new place of residence.

(g) Violation -- offense -- sentence. -- Any person required to register under this section who violates any of its provisions is guilty of a misdemeanor and shall be sentenced to serve a term of ninety (90) days in jail and thereafter serve one year probation.

(h) Violation -- parole revocation. -- Whenever any person is released in parole or probation and is required to register under this section but fails to do so within the prescribed time, the parole board or the court, as the case may be, shall order, that parole or probation be revoked.

(i) Confidential records. -- The statements, photographs, and fingerprints required shall by this section not be open to inspection by the public or by any person other than a regularly employed law enforcement officer.

(j) Temporary release -- notice to local law enforcement agency. -- In any case in which a person who would be required to register pursuant to this section for a felony conviction is to be temporarily sent outside the institution where he or she is confined on any assignment within a city or county, including fire fighting, disaster control, or of whatever nature the assignment may be, the local law enforcement agency having jurisdiction over the place or places where the assignment shall occur shall be notified within a reasonable time prior to removal from the institution. This provision does not apply to any person temporarily released under guard from the institution where he or she is confined.

(k) Petition for expungement -- restoration of rights. Any person required to register pursuant to this section may be relieved of any further duty to register upon the granting of a petition for expungement of records instituted pursuant to the provisions of chapter 12-1.3 of the general laws. Such petition, if granted, shall not relieve the petitioner of the duty to register pursuant to this chapter upon conviction in the future of any offense requiring registration.

SECTION 4. This section and sections 2 and 3 of this act shall take effect upon passage. Section 1 of this act shall take effect upon passage and shall apply to those persons who are convicted of an offense requiring registration, as defined in that section, which was committed after the effective date of this act.



As always, your comments concerning this page are welcomed and appreciated.

Thank you for stopping by!