A N     A C T

RELATING TO SEXUAL OFFENDER REGISTRATION

Introduced By: Reps. Palumbo, Giannini, Menard, Pires and Reilly

Date Introduced : February 2, 1999

It is enacted by the General Assembly as follows:

SECTION 1. Sections 11-37.1-2, 11-37.1-3, 11-37.1-4, 11-37.1-5, 11-37.1-6, 11-37.1-7, 11-37.1-8, 11-37.1-9, 11-37.1-12, 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:

11-37.1-2. Definitions. -- (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 {DEL and DEL} {ADD or ADD} for which the person is or would be required to register under 42 U.S.C. 14071 {ADD or 18 U.S.C. 4042 (c); ADD}

(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 {ADD , ADD} {DEL a violation of section 11-10-1, where the victim of such offense is under the age of eighteen years; or DEL}

(3) Any violation of section 11-1-10, where the underlying offense is a violation of chapter 34 of this title 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) {DEL . DEL} {ADD ; or ADD}

{ADD (5) Murder in violation of section 11-23-1 where the murder was committed in the perpetration of, or attempted perpetration of, kidnapping and where the victim of such offense is under eighteen (18) years of age. ADD}

(D) The term "sexually violent offense", shall mean and include any violation of section {DEL 11-10-1, DEL} 11-37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-8.1, {DEL or DEL} 11-37-8.3 {ADD , 11-5-1 where the specified felony is sexual assault, or section 11-23-1 where the murder was committed in the perpetration of, or attempted perpetration of, rape or any degree of sexual assault or child molestation, ADD} or any offense in another jurisdiction which is substantially the equivalent of any offense listed in this subsection {DEL and DEL} {ADD or ADD} for which the person is or would be required to register under 42 U.S.C. 14071 {DEL . DEL} {ADD or 18 U.S.C. 4042(c). ADD}

(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 judgment 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 contendere 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 (J) The term "aggravated offense" shall mean and include offenses involving sexual penetration of victims of any age through the use of force or the threat of use of force or offenses involving sexual penetration of victims who are fourteen (14) years of age or under. ADD}

{ADD (K) The term "employed, carries on a vocation" shall mean and include the definition of "employed, carries on a vocation" under 42 U.S.C. 14071 as amended. ADD}

{ADD (L) The term "student" shall mean and include the definition of "student" under 42 U.S.C. 14071 as amended. ADD}

11-37.1-3. Registration required -- Persons covered. -- Any person who has been convicted in this or any other jurisdiction {DEL of DEL} (A) {ADD of ADD} 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 {ADD or (D) has committed an aggravated offense as defined in section 11-37.1-2 or (E) is a recidivist as defined in 11-37.1-4, ADD} shall be required to register his or her current address with {DEL a designated state DEL} {ADD the local ADD} law enforcement agency {ADD having jurisdiction over the city or town in which the person having the duty to register resides ADD} for the time period specified in section 11-37.1-4. {ADD Any person who is (F) a nonresident worker who has committed an offense that is subject to registration in the state of his residence and who is employed or carrying on a vocation in Rhode Island as defined in section 11-37.1-2(K) or (G) a nonresident student as defined by section 11-37.1-2(L) who has committed an offense that is subject to registration in the state of his residence and who is attending an educational institution in Rhode Island, shall be required to register his or her current residence address and the address of his or her place of employment or school attended with the local law enforcement agency having jurisdiction over the city or town in which the nonresident worker or student is employed or attending school. ADD}

11-37.1-4. Duration of registration -- Frequency of registration. -- (A) Any person required to register under section {DEL 11-37.1-3 DEL} {ADD 11-37.1-3(A) or (B) ADD}, shall annually register with {DEL a designated state DEL} {ADD the local ADD} law enforcement agency {ADD having jurisdiction over the city or town in which the person having the duty to register resides ADD} for a period of ten (10) years subsequent to the date of release from confinement or placement on parole, supervised release or probation 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 {DEL (E)(3). DEL} {ADD or unless such person is required to register for the life of that person in accordance with the provisions of section 11-37.1-4(C). ADD}

(B) {ADD Sexually violent predators. ADD} Any person who has been determined to be a sexually violent predator in accordance with the provisions of section 11-37.1-6 {DEL , in which case such person DEL} shall be required to register annually {ADD in person with the local law enforcement agency having jurisdiction over the city or town in which the person having the duty to register resides for the life of that person subsequent to the date of release from confinement or placement on parole, supervised release or probation for such offense or offenses ADD} and to verify his or her address on a quarterly basis {DEL until such requirement is terminated in accordance with section 11-37.1-6(E)(2). DEL} {ADD for the life of that person. ADD}

{ADD (C) Recidivists and aggravated crime offenders. Any person required to register under section 11-37.1-3 and who has one or more prior convictions for any offense described in section 11-37.1-2 or has been convicted of an aggravated offense as defined in section 11-37.1-2 shall annually register in person with the local law enforcement agency having jurisdiction over the city or town in which the person having the duty to register resides for the life of that person subsequent to the date of release from confinement or placement on parole, supervised release or probation for such offense or offenses and to verify his or her address on a quarterly basis for the life of that person. ADD}

{ADD (D) Nonresident workers and students. Any nonresident person required to register pursuant to section 11-37.1-3(F) or (G) shall annually register in person with the local law enforcement agency having jurisdiction over the city or town in which the person having the duty to register is employed or attends school for such period of time as the person is employed in Rhode Island or is attending school in Rhode Island. ADD}

{ADD (E) Initial registration -- Incarcerated individuals. All persons required to register under this act who are sentenced to a period of confinement shall perform their initial registration by appearing in person at the local law enforcement agency in the city or town in which the person intends to reside within twenty-four (24) hours of their release from confinement. ADD}

{ADD (F) Initial registration -- Nonincarcerated individuals. All persons required to register under this act who are convicted in Rhode Island and who are not sentenced to serve a term of incarceration or confinement shall perform their initial registration by appearing in person at the local law enforcement agency in the city or town in which the person intends to reside within twenty-four (24) hours of being sentenced. ADD}

{ADD (G) Initial registration -- Individuals relocating to Rhode Island. All persons required to register under this act who are moving their residence to Rhode Island from another jurisdiction shall perform their initial registration by appearing in person at the local law enforcement agency in the city or town in which the person intends to reside within forty-eight (48) hours of their arrival in Rhode Island. ADD}

{ADD (H) Initial registration -- Nonresident workers and students. All nonresident workers or students who are required to register under this act shall perform their initial registration by appearing in person at the local law enforcement agency in the city or town in which the person is employed or is attending school within forty-eight (48) hours of their first day of their personal attendance at their place of employment or school. ADD}

{ADD (I) Tolling provision. Where, during the period in which any person is required to register, a person required to register under this act is incarcerated or reincarcerated for any offense or is civilly committed, the person's registration requirements shall be tolled during the subsequent incarceration, reincarceration or commitment. ADD}

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

{ADD (4) Inform the person that if the person works or attends school in another state in which he does not reside, the person shall register his employment address or address of the educational institution he attends as required by the other state; and ADD}

{DEL (4) DEL} {ADD (5) ADD} Obtain fingerprints and a photograph of the person if these have not already been obtained in connection with the offense that triggers registration; and

{DEL (5) DEL} {ADD (6) ADD} 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, {ADD juvenile and adult ADD} 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 {DEL section 5-37-3, DEL} {ADD section 5-37.3-1 et seq., ADD} pertaining to health care privileges or the provisions of section 9-17-24, pertaining to the privilege of witnesses, {ADD or the provisions of section 42-72-8, pertaining to confidentiality of records of the department of children, youth and families, ADD} 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 {DEL used by the board of review or the community notification board DEL} {ADD transferred to the board of review and/or the parole board and may be used by them ADD} in making a determination of whether or not the person is {DEL or continues to be DEL} a sexually violent predator or in determining the level of notification under section 11-37.1-12. Such information may also be used by the sentencing court or by any court reviewing the level of notification determined by the {DEL community notification DEL} {ADD parole ADD} board or {ADD reviewing ADD} 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 {DEL , redetermine or review DEL} 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 {DEL community notification DEL} {ADD parole ADD} board. Provided, further, that this subsection shall not be applicable to any person for whom an appeal is pending for which a final judgment of conviction has not been entered, until such time as a final conviction has been entered.

11-37.1-6. Sexually violent predators. -- (A) Board of review. - The governor shall within ninety (90) days of the effective date of this chapter {DEL [July 24, 1996] DEL}, appoint {DEL three (3) DEL} {ADD five (5) ADD} persons {DEL who are DEL} {ADD including ADD} experts in the field of the behavior and treatment of sexual offenders by reason of training and experience {ADD , victims rights advocates, and law enforcement representatives, ADD} 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 subsection (E) as a sexually violent predator, the sentencing court, after notice to the offender and/or 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 a 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).

{ADD (4) Notwithstanding any other provision of law, the board of review shall have access to all relevant records and information in the possession of any state official or agency having a duty under section 11-37.1-5(A)(1) through (6), relating to the juvenile and adult offenders under review by the board, including but not limited to police reports; prosecutors statements of probable cause, pre-sentence investigations and reports, complete judgments and sentences, current classification referrals, juvenile and adult criminal history records, violation and disciplinary reports, all psychological evaluations and psychiatric evaluations, psychiatric hospital records, sex offender evaluations and treatment reports, substance abuse evaluations and treatment reports to the extent allowed by federal law. Records and information obtained by the board of review under this subsection shall remain confidential, provided that the board of review may disclose such records and information to the parole board and the sentencing court in accordance with the provisions of section 11-37.1-1 et seq. ADD}

(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 {ADD by a court ADD} that a person {DEL possesses a mental abnormality, DEL} {ADD is a sexually violent predator, ADD} such person shall be required to {ADD register and ADD} verify his or her address in accordance with {ADD section 11-37.1-3, section 11-37.1-4 and ADD} section 11-37.1-8(B). Such duty shall continue {DEL 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 DEL} {ADD for the lifetime of that offender ADD}.

{DEL (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 the person to verify his or her address with the frequency specified by section 11-37.1-8(B) shall terminate. DEL}

{DEL (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. DEL}

{DEL (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). DEL}

11-37.1-7. Transfer of information to designated state law enforcement agency and the FBI. -- The person required to provide notice in accordance with section 11-37.1-5(B) {ADD and the local law enforcement agencies required to register persons who have a duty to register in accordance with section 11-37.1-4 ADD}, 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 {ADD . ADD} {DEL and notify the appropriate law enforcement agency having jurisdiction where the person expects to reside. DEL} The state law enforcement agency shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation.

11-37.1-8. Verification of address. -- (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 {DEL designated state DEL} {ADD local ADD} law enforcement agency {ADD having jurisdiction over the city or town in which the person having the duty to register resides ADD} 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 {DEL designated state DEL} {ADD local ADD} law enforcement agency {ADD having jurisdiction over the city or town in which the person having the duty to register resides ADD} 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 {DEL designated state DEL} {ADD local ADD} law enforcement agency {ADD having jurisdiction over the city or town in which the person having the duty to register resides ADD}; and,

(4) If the person fails to mail the verification form to the {DEL designated state DEL} {ADD local ADD} law enforcement agency {ADD having jurisdiction over the city or town in which the person having the duty to register resides ADD} 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 {ADD s ADD} (C) {ADD , (D) or (E) ADD} 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 {ADD from confinement ADD} or commencement of parole {DEL . DEL} {ADD , supervised release or probation. ADD}

11-37.1-9. Notification of local law enforcement agencies of changes in address. -- (A) Duty of {DEL designated state DEL} {ADD local ADD} law enforcement agency {ADD -- Interstate moves ADD}. For any person required to register under this chapter, the {DEL designated state DEL} {ADD local ADD} 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 {DEL . DEL} {ADD and notify the designated state law enforcement agency. ADD}

(B) Duty of person required to register {ADD -- Interstate moves ADD} . - 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 (C) Duty of law enforcement agency -- Changes of residence within the state. For any person required to register under this chapter, the local law enforcement agency having jurisdiction where the person is residing, shall, if the person changes residence to another city or town in Rhode Island, notify the local law enforcement agency with which the person must register in the new city or town and notify the state designated law enforcement agency. ADD}

{ADD (D) Duty of person required to register -- Changes of residence within the state. A person who has been convicted of an offense which requires registration under this chapter and who changes his or her residence address to another city or town in Rhode Island, shall notify the local law enforcement agency in the city or town from which the person is moving before the person establishes residence in the new location, and shall register with the local law enforcement agency in the city or town in which the person is moving not later than ten (10) days after such person establishes residence in the new city or town. ADD}

11-37.1-12. Rules and regulations for community notification -- Establishment of advisory council. -- (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 chapter. 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 the same political party; four (4) shall be appointed by the senate majority leader of whom no more than two (2) shall be 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:

(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.

{ADD (4) The parole board shall assess the risk of re-offense of each offender referred to them for community notification and shall designate the appropriate level of community notification based on the offender's risk of re-offense, in accordance with the provisions of this section and section 11-37.1-13. ADD}

{ADD (5) Notwithstanding any other provision of law, the parole board shall have access to all relevant records and information in the possession of any state official or agency having a duty under section 11-37.1-5(A)(1) through (6), relating to juvenile and adult offenders under review by the parole board, including but not limited to police reports; prosecutors statements of probable cause, pre-sentence investigations and reports, complete judgments and sentences, current classification referrals, juvenile and adult criminal history records, violation and disciplinary reports, all psychological evaluations and psychiatric evaluations, psychiatric hospital records, sex offender evaluations and treatment reports, substance abuse evaluations and treatment reports to the extent allowed by federal law, and. Records and information obtained by the parole board under this subsection shall remain confidential, provided that the parole board may disclose such records and information to the board of review, the sentencing court, and/or law enforcement agencies in accordance with the provisions of section 11-37.1-1 et seq. ADD}

(D) One (1) year after the effective date of this section [July 24, 1996], 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.

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 {DEL person DEL} {ADD adult offender ADD} 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 clerk of 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 court {ADD , or the family court ADD} 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.