2012 -- S 2500

=======

LC01370

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION

     Introduced By: Senators Doyle, Hodgson, Maher, Tassoni, and Gallo

     Date Introduced: February 16, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

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

1-2

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

1-3

     11-37.1-16. Application review -- Burden of production and persuasion Appeal of

1-4

sex offender board of review. -- Appeal process of board determinations. -- (a) In any

1-5

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

1-6

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

1-7

manner of notification. (a) For purposes of this chapter, the determination of level and nature of

1-8

community notification are premised upon a validated risk assessment tool having been used to

1-9

determine the risk of re-offense and that reasonable means have been used to collect the

1-10

information used in the validated assessment tool.

1-11

     (b) The court shall affirm the determination of the level and nature of the community

1-12

notification, or it may reverse or modify the decision if substantial rights of the appellant have

1-13

been prejudiced because the board of review’s administrative findings, inferences, conclusions, or

1-14

decisions are:

1-15

     (1) In violation of constitutional or statutory provisions;

1-16

     (2) In excess of the statutory authority of the agency;

1-17

     (3) Made upon unlawful procedure;

1-18

     (4) Affected by other error of law;

1-19

     (5) Clearly erroneous in view of the reliable, probative and substantial evidence on the

1-20

whole record; or

2-1

     (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted

2-2

exercise of discretion.

2-3

     The court shall not substitute its judgment for that of the board as to the weight of the

2-4

evidence on questions of fact.

2-5

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

2-6

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

2-7

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

2-8

assessment tool.

2-9

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

2-10

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

2-11

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

2-12

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

2-13

pursuant to this chapter.

2-14

      (c) Unless agreed upon through mutual stipulation by the parties, the attorney general

2-15

shall appeal all determinations of the level and nature of community notification not affirmed by

2-16

a magistrate of the court under this chapter to the presiding justice of the court who shall review

2-17

the ruling pursuant to Supreme Court Rules, Article IX, Rule 2.

2-18

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

2-19

to a person who has been convicted of any of the violations of any offense listed in section 11-

2-20

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

2-21

registration process provided by this chapter. Provided further, that nothing in this section shall be

2-22

deemed to authorize the release of any information pertaining to any victim of any offense listed

2-23

in section 11-37.1-2.

2-24

     SECTION 2. This act shall take effect upon passage.

=======

LC01370

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION

***

3-1

     This act would alter the procedure for review of sex offender registration.

3-2

     This act would take effect upon passage.

=======

LC01370

=======