Introduced By: Senators Paiva-Weed, Igliozzi, McDonald and Parella
Date Introduced : February 2, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 11-37.1-13 and 11-37.1-14 of the General Laws in Chapter 11-37.1 entitled "Sexual Offender Registration and Community Notification" are hereby amended to read as follows:
11-37.1-13. Notification procedures for tiers two and three. -- 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 {DEL person DEL} {ADD adult offender ADD} subject to
community notification, with the criminal calendar judge of the
superior court for the county in which the {DEL person DEL}
{ADD adult offender ADD}who is the subject of notification resides
or intends to reside upon release, {ADD or by the juvenile offender
subject to community notification over whom the family court exercises
jurisdiction, with the clerk of the family court for the county
in which the juvenile offender resides or intends to reside upon
release, ADD} 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 {DEL . DEL} {ADD
, or in the case of juvenile offenders over whom the family court
exercises jurisdiction, addressed to the judge described in the
communication to the family court in the county in which the juvenile
offender resides or intends to reside upon release. ADD}
11-37.1-14. Preliminary proceedings on objection to community notification -- Procedures. -- (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 {ADD or family ADD} 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.
SECTION 2. This act shall take effect upon passage.
