2017 -- H 5503

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LC001423

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION AND

NOTIFICATION

     Introduced By: Representatives Jacquard, Vella-Wilkinson, Morin, Hull, and Nunes

     Date Introduced: February 15, 2017

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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

and Community Notification" is hereby repealed in its entirety.

CHAPTER 11-37.1

Sexual Offender Registration and Community Notification

     11-37.1-1. Short title.

     This chapter shall be known and be cited as the "Sexual Offender Registration and

Community Notification Act".

     11-37.1-2. Definitions.

     (a) "Aggravated offense" means, and includes, 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.

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

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

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

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

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

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

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

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

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

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

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

pending.

      (2) Provided, 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 the conviction shall

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

be destroyed. Provided, further that nothing in this section 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.

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

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

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

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

18 U.S.C. §4042(c):

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

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

eighteen (18) years;

      (2) Enticement of a child in violation of §11-26-1.5 with the intent to violate §§11-37-6,

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

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

      (4) Any violation of §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

(18) years;

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

      (6) Any violation of §11-9-1.3;

      (7) Any violation of §11-9-1.5;

      (8) Any violation of §11-37.1-10;

      (9) Any violation of §11-37-8.8;

      (10) Any violation of §11-64-2, where the victim is under the age of eighteen (18) years;

or

      (11) Murder in violation of §11-23-1, where the murder was committed in the

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

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under eighteen (18) years of age.

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

designee.

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

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

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

college or community college.

      (i) "Mental abnormality" means 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.

      (j) "Predator" means 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.

      (k) "Sexually violent offense" means, and includes, any violation of §§11-37-2, 11-37-4,

11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, or 11-5-1, where the specified felony is sexual assault, or

§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, or any offense in another jurisdiction

that is substantially the equivalent of any offense listed in this subsection or for which the person

is or would be required to register under 42 U.S.C. §14071 or 18 U.S.C. §4042(c).

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

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

likely to engage in predatory sexually violent offenses.

      (m) "Student" means, and includes, the definition of "student" under 42 U.S.C. §14071.

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

     11-37.1-3. Registration required -- Persons covered.

     (a) Any person who, in this or any other jurisdiction: (1) has been convicted of a criminal

offense against a victim who is a minor, (2) has been convicted of a sexually violent offense, (3)

has been determined to be a sexually violent predator, (4) has committed an aggravated offense as

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

his or her current address 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 time period specified in

§11-37.1-4.

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

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

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

§11-37.1-2(m) who has committed an offense that is subject to registration in the state of his or

her residence and who is attending an educational institution in Rhode Island, shall be required to

register his or her current 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.

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

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

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

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

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

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

vocation at the institution of higher education.

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

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

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

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

     11-37.1-4. Duration of registration -- Frequency of registration.

     (a) Annual registration. - Any person required to register under §11-37.1-3(a)(1) or (2)

shall annually register with the local law enforcement agency having jurisdiction over the city or

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

the expiration of sentence for the offense and shall verify his or her address with the agency on a

quarterly basis for the first two (2) years of the period unless the person has been determined to

be a sexually violent predator in accordance with §11-37.1-6 or unless the person is required to

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

section.

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

violent predator in accordance with the provisions of §11-37.1-6 shall be required to 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 and to verify his

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

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

§11-37.1-3 and who has one or more prior convictions for any offense described in §11-37.1-2 or

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has been convicted of an aggravated offense as defined in §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 and to verify his or her

address on a quarterly basis for the life of that person.

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

pursuant to §11-37.1-3(b)(1) or (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 is employed or attends school for the period of time that the person is employed in

Rhode Island or is attending school in Rhode Island.

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

this chapter 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.

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

under this chapter 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.

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

register under this chapter 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 twenty-four

(24) hours of their arrival in Rhode Island.

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

students who are required to register under this chapter 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 twenty-four (24) hours of their first day of their personal

attendance at their place of employment or school.

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

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

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

subsequent incarceration, re-incarceration or commitment.

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

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

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

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

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

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

§11-37-8.1 or 11-37-8.3, the court shall assess the totality of the circumstances of the offense and

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

the victim, the court may have discretion to order the juvenile to register as a sex offender as long

as the court deems it appropriate to protect the community and to rehabilitate the juvenile

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

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

     (a) (1) Duty of state officials. - 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) of this section;

      (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) of this

section;

      (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) of this section;

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

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

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

subsection (b) of this section; 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 the interstate compact shall comply with

the provisions of subsection (b) of this section.

      (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

registration;

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      (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 twenty-

four (24) hours;

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

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

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

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

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

obtained in connection with the offense that triggers registration; and

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

section, for a person required to register under §11-37.1-3, 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, juvenile and adult 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 chapter 37.3 of title 5 pertaining to

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

provisions of §42-72-8 pertaining to confidentiality of records of the department of children,

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

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

so obtained may be transferred to the sex offender board of review and may be used by them in

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

determining the level of notification under §11-37.1-12. The information may also be used by the

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

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

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

proceeding against the subject of the information except to determine 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 sex offender board of review. Provided, further, that this

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

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

entered.

     11-37.1-6. Community notification.

     (1) (a) Sex Offender Board of Review. - The governor shall appoint eight (8) persons

including experts in the field of the behavior and treatment of sexual offenders by reason of

training and experience, victim's rights advocates, and law enforcement representatives to the sex

offender board of review. At least one member of the sex offender board of review shall be a

qualified child/adolescent sex offender treatment specialist. These persons shall serve at the

pleasure of the governor or until their successor has been duly qualified and appointed.

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

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

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

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

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

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

review.

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

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

§11-37.1-3, if the offender is not incarcerated, the agency having supervisory responsibility and

the Interstate Compact Unit of the Rhode Island department of corrections upon acceptance of

supervision of a sexual offender from the sending state shall refer the person to the sex offender

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

for a determination as to the level of risk an offender poses to the community and to assist the

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

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

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

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

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

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

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

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

the offender possesses a mental abnormality or personality disorder 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

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persons.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

under §§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; prosecutor's statements of probable cause,

presentence 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 the records

and information to the sentencing court in accordance with the provisions of this chapter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     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 §11-37.1-5(b) and the local law

enforcement agencies required to register persons who have a duty to register in accordance with

§11-37.1-4, shall, within three (3) days after receipt of information defined in that section,

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. 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 §11-37.1-3(a)(1) or (2) on each anniversary of

the person's initial registration date during the period in which the person is required to register:

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

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

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

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

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

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

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

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

notification unit of the parole board 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 subdivisions (1) -- (4) of this section shall apply to a person

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

verification shall take place quarterly.

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

     (a) Duty of local law enforcement agency; Interstate and Intrastate moves. - For any

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

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

within the state, notify the law enforcement agency with which the person must register in the

new state, if the new state has a registration requirement and notify the designated state law

enforcement agency.

      (b) Duty of person required to register; Interstate moves. - 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 in accordance with the new state's sex offender registration statute. Prior to the change of

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

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

state.

      (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.

      (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 twenty-four (24) hours

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

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

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

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

or town.

     11-37.1-10. Penalties.

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

change of address or residence, who knowingly fails to do so, shall be guilty of a felony and upon

conviction be imprisoned not more than ten (10) years, or fined not more than ten thousand

dollars ($10,000), or both.

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

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

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

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

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

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

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

thousand dollars ($5,000) or both.

     11-37.1-11. Release of information.

     (a) Except as otherwise provided by this chapter or as provided in subsections (b) or (c)

of this section, 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) Information may be disclosed to law enforcement agencies for law enforcement

purposes;

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

background checks;

      (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;

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

§11-37.1-12; and

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

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

as determined consistent with parole board guidelines.

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

pursuant to §11-37.1-3(c) to any campus police agency appointed pursuant to §16-15-2 or police

for private institutions appointed pursuant to §12-2.1-1 for any person having a duty to register

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

That 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.

     11-37.1-12. Rules and regulations for community notification.

     (a) The parole board shall promulgate guidelines and procedures for notification required

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pursuant to the provisions of this section.

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

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

outlined in §11-37.1-6(b):

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

in accordance with the parole board guidelines shall be notified;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

review by the sex offender review 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

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

parole board may disclose the records and information to the board of review, the sentencing

court, and/or law enforcement agencies in accordance with the provisions of this chapter.

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

     If after review of the evidence pertaining to a person required to register according to the

criteria set forth in §11-37.1-12, the board is satisfied that risk of re-offense by the person

required to register is either moderate or high, the sex offender community notification unit of the

parole board shall notify the person, in writing, by letter or other documentation:

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      (1) 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 §11-37.1-12(b), together with the level, form and nature that the notification will

take;

      (2) 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 adult offender subject to community notification, with the criminal calendar judge of

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

resides or intends to reside upon release, 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, 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;

      (3) 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

      (4) 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 adult offender resides or intends to reside upon release, 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.

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

Procedures.

     Upon receipt of a request from a person subject to community notification under §11-

37.1-12(b), the superior court, or the family 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;

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

and to the attorney general;

      (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

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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.

     11-37.1-15. Application hearing procedures.

     (a) On the date set for the hearing on the review of the application the court shall:

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

      (2) 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

      (3) Presume the need for a prompt determination.

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

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

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

adjudication of guilt.

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

     (a) In any proceeding under this chapter, 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.

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

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

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

assessment tool.

      (c) 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

pursuant to this chapter.

      Nothing in this section 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

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

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

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

offense listed in §11-37.1-2.

     11-37.1-17. Immunity for good faith conduct.

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     Any person who performs any act or fails to perform any act pursuant to this chapter 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 pursuant to this chapter.

     11-37.1-18. Continuation of prior duty to register.

     Any person who pursuant to the provisions of former §11-37-16 had a duty to register

under that section after having been convicted of any violation of the provisions of chapter 37 of

this title, or for a conviction in another state of first degree sexual assault which if committed in

this state would constitute a violation of chapter 37 of this title, shall have the duty to register in

accordance with the provisions of this chapter. Nothing in this section shall be construed to

abrogate any duty to register which exists or existed under the provisions of former §11-37-16.

     11-37.1-19. Severability.

     If any provision of this chapter or its application to any person or circumstance is held

invalid or unconstitutional, the invalidity or unconstitutionality shall not affect 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.

     11-37.1-20. Remand to sex offender board of review.

     Upon application by the attorney general or counsel for the sex offender, the court may

remand any case pending adjudication of sexually violent predator status back to the sex offender

board of review for further determination of sexually violent predator status and community

notification level pursuant to §11-37.1-6.

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

amended by adding thereto the following chapter:

CHAPTER 37.4

SEX OFFENDER REGISTRATION AND NOTIFICATION ADVISORY

     11-37.4-1. Establishment of advisory council.

     (a) An advisory council is hereby established to consult with and provide

recommendations to the department of public safety concerning the rules and regulations to be

promulgated pursuant to this chapter in order to implement the Sex Offender Registration and

Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006 Pub. L.

(109-248), 42 U.S.C. 16911 et seq., as amended. The council shall consist of the department of

public safety, the attorney general, the department of corrections, the parole board's sex offender

community notification unit, the judiciary, the Rhode Island police chiefs association, members

of local law enforcement, and the public defender. The commissioner of the department of public

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safety shall appoint 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.

     (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 department of public

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

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

     SECTION 3. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

CHAPTER 37.5

SEXUAL OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION ACT

     11-37.5-1. Short title.

     This chapter shall be known and may be cited as the "Sexual Offender Registration and

Community Notification Act."

     11-37.5-2. Purpose.

     The intent of this chapter is to implement the federal Sex Offender Registration and

Notification Act ("SORNA"), Title I of Pub. L. 109-248, and shall be interpreted liberally to

comply with the terms and conditions of SORNA as presently written or hereafter amended.

     11-37.5-3. Definitions.

     As used in this chapter:

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

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

verification of registration.

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

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

regardless of whether an appeal is pending; or

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

appeal is pending; or

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

whether an appeal is pending; or

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

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whether an appeal is pending; or

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

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

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

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

offense.

     (vi) Provided, 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 the conviction shall

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

be destroyed. Provided, further that nothing in this section 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.

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

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

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

     (iii) Incapable of appraising the nature of their conduct;

     (iv) Physically incapable of communicating nonconsent;

     (v) Rendered unconscious by the offender; or

     (vi) Involuntarily drugged by the offender.

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

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

website maintained by the Attorney General of the United States pursuant to 42 U.S.C. 16920.

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

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

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

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

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

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

intermittent basis.

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

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

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

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

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

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

provisions of this chapter during their period of home confinement.

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

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

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

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

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

by the Attorney General of the United States pursuant to 42 U.S.C. 16919.

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

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

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

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

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

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

irrespective of compensation or reward.

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

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

programs operate one or more sessions daily; or

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

     (16) "Sexual act" means:

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

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

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

semen is not required; or

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

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

sexual desires of another.

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

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

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

     (18) "Sex offense" means:

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

§11-37.5-4 of this chapter or any other covered offense under law.

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

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

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

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

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

including, but not limited to:

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

requirements under the state's law; or

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

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

whether for a covered sex offense or another crime.

     (20) "Sex offender registry" means the registry of sex offenders and notification program

maintained by the department.

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

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

Department of Justice under the general authority of the Attorney General of the United States

pursuant to 42 U.S.C. 16945.

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

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

seq., as amended.

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

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

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

education.

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

offense as defined in §11-37.5-9(a).

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

offense as defined in §11-37.5-9(b), or who is subject to the recidivist provisions of §11-37.5-

10(b)(1).

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

sex offense as defined in §11-37.4-9(c), or who is subject to the recidivist provisions of §11-37.5-

10(c)(1)

     11-37.5-4. Covered offenses.

     Individuals who have been or are convicted of any of the following sex offenses, or

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

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the requirements of this chapter:

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

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

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

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

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

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

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

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

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

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

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

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

felony is sexual assault;

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

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

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

activity);

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

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

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

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

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

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

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

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

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

a minor;

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

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

of eighteen (18) years; or

     (xxii) Section 11-37.5-19 (failure to register).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

into the United States);

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

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

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

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

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

conduct).

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

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

laws of any foreign country when the United States State Department in its country reports on

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

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

     (4) Any conviction for any military offense specified by the Secretary of Defense under

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

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

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

involved or involves:

     (i) Any sexual act;

     (ii) Any sexual contact;

     (iii) Kidnapping of a minor;

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     (iv) False imprisonment of a minor;

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

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

acts or contact;

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

     (vii) Solicitation of a minor to practice prostitution;

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

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

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

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

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

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

     (xi) Any offense similar to those outlined in:

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

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

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

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

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

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

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

     11-37.5-5. Creation of registries.

     (a) There is hereby established a sex offender registry, which the department shall have

the sole responsibility to maintain and operate pursuant to the provisions of this chapter. The sex

offender registry shall be maintained in an electronic database by the department and shall be in a

form capable of electronic transmission.

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

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

     11-37.5-6. Registry required.

     Any person who qualifies as a sex offender, as defined in §11-37.5-3(19), must register

with the department if the sex offender:

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

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

residence, employment or school attendance;

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

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     (3) Resides within the state;

     (4) Is employed within the state; or

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

     11-37.5-7. Timing of registration.

     (a) A sex offender required to register with the state under this chapter shall do so in the

following timeframes:

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

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

offense;

     (2) If incarcerated by the state, whether or not they are convicted by the state, for a

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

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

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

department.

     (b) Any person who qualifies as a sex offender under §11-37.5-3(19)(i) or (ii) must

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

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

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

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

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

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

     (c) The department shall ensure:

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

completes their initial registration with the state;

     (2) That the sex offender reads, or has read to them, and signs a form stating that the duty

to register has been explained to them and that the sex offender understands the registration and

notification requirements;

     (3) That the sex offender is registered; and

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

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

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

     11-37.5-8. Required information.

     (a) A sex offender who is required to register with the state shall provide and the

department shall obtain from the covered sex offenders who are required to register with the state

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all of the following information:

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

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

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

they are used; and

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

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

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

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

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

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

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

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

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

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

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

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

     (iii) Every year for tier I sex offenders.

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

     (i) A physical description;

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

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

tattoos.

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

jurisdiction.

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

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

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

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

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

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

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

by a street or address.

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

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     (i) Any and all landline telephone numbers;

     (ii) Any and all cellular telephone numbers; and

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

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

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

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

     (ii) Any and all instant message addresses and identifiers;

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

communications or postings; and

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

identification and Internet communications or postings.

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

use including land vehicles, aircraft, and watercraft:

     (i) License plate numbers;

     (ii) Registration numbers or identifiers;

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

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

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

is employed in any means including volunteer and unpaid positions:

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

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

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

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

or carry out a trade or business.

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

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

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

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

     (i) The date of all arrests;

     (ii) The date of all convictions;

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

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

     (v) Any outstanding arrest warrants.

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

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department shall submit the sex offender's fingerprints to the integrated automated fingerprint

identification system (IAFIS) and the sex offender's palmprints to the FBI Central Database, Next

Generation Identification Program.

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

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

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

and entry of the resulting DNA profile into CODIS.

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

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

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

more:

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

names; and

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

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

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

and provide any necessary information regarding their international travel. Upon notification of a

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

provide the sex offender's travel information to INTERPOL.

     (23) A signed copy of the sex offender's notice of registration and notification obligations

as provided in §11-37.5-7(c)(2).

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

digitized format.

     11-37.5-9. Tiered offenses.

     (a) A tier I offense includes:

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

offense;

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

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

eighteen (18) years; or

     (ii) Section 11-37.4-19 (failure to register);

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

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

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

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

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

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

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

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

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

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

conduct);

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

government, or qualifying foreign country pursuant to §11-37.5-4 that involves the false

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

pornography; or

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

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

offenses outlined in this subsections.

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

     (1) Unless otherwise covered by subsection (c) of this section, any sex offense where the

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

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

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

years of age or older;

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

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

activity);

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

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

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

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

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

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

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

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

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

under the age of eighteen (18);

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

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

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

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

or older);

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

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

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

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

pornography);

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

into the United States);

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

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

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

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

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

or conspiracy to commit such an offense, that involves:

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

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

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

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

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

     (v) The production or distribution of child pornography.

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

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

offenses outlined in this subsection.

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

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

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

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

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

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

of age or younger;

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

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

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

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

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

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

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

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

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

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

felony is sexual assault; or

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

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

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

     (ii) 18 U.S.C. 2242 (sexual abuse); or

     (iii) Where the victim is twelve (12) years of age or younger, 18 U.S.C. 2244 (abusive

sexual contact);

     (4) Any sex offense that involves:

     (i) Non-parental kidnapping of a minor;

     (ii) A sexual act; or

     (iii) Sexual contact with a minor twelve (12) years of age or younger, including offenses

that cover sexual touching of or contact with the intimate parts of the body, either directly or

through the clothing;

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

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

offenses outlined in this subsection.

     11-37.5-10. Duration of registration and frequency of verification.

     (a) A sex offender who is required to register shall, at a minimum, appear in person at the

department for purposes of verification and keeping their registration current in accordance with

the following time frames:

     (1) For tier I offenders, once every year for fifteen (15) years from the expiration of their

sentence for the covered sex offense;

     (2) For tier II offenders, once every one hundred eighty (180) days for twenty-five (25)

years from the expiration of their sentence for the covered sex offense; and

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     (3) For tier III offenders, once every ninety (90) days for the rest of their lives.

     (b) At each in-person verification:

     (1) The sex offender shall permit the department to take a photograph of the offender;

     (2) The sex offender shall review existing information for accuracy and correct any

inaccurate information; and

     (3) If any new information or change in information is obtained at the in-person

verification, the department shall immediately notify all other jurisdictions in which the sex

offender is required to register the information or change in information.

     (c) Where, during the period in which the sex offender is required to register, the sex

offender required to register under this chapter is incarcerated or re-incarcerated for any offense

or is civilly committed, the sex offender's registration requirements shall be tolled during the

subsequent incarceration, re-incarceration or commitment. The sex offenders duty to register shall

resume upon release in accordance with §11-37.5-7(a)(2).

     11-37.5-11. Reduction of registration periods.

     (a) A sex offender may have their period of registration reduced as follows:

     (1) A tier I offender may have their period of registration reduced to ten (10) years if they

have maintained a clean record for ten (10) consecutive years; or

     (2) A tier III offender may have their period of registration reduced to twenty-five (25)

years if they have adjudicated delinquent of an offense as a juvenile that required tier III

registration and they have maintained a clean record for twenty-five (25) consecutive years.

     (b) A sex offender may file a motion for a reduction of their registration period by filing a

motion in the court where the conviction for the covered sex offense took place in accordance

with the time frames in subsection (a) of this section.

     (c) A sex offender filing a motion for a reduction of their registration period shall give

notice of the hearing date set by the court to the department and the department of attorney

general at least ten (10) days prior to that date.

     (d) The court, after a hearing at which all relevant testimony and information shall be

considered may in its discretion order the reduction of the registration period of the sex offender

filing the motion if it finds that the sex offender has kept a clean record in accordance with the

time frames in subsection (a) of this section.

     (e) For the purposes of this section, a sex offender has a clean record if:

     (1) They have not been convicted of any offense for which imprisonment for more than

one year may be imposed;

     (2) They have not been convicted of any sex offense;

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     (3) They have successfully completed, without revocation, any period of supervised

release, probation, or parole; and

     (4) They have successfully completed an appropriate sex offender treatment program

certified by the state, another jurisdiction, or by the Attorney General of the United States.

     (f) If the court grants the motion, it shall send a copy of the order to the department and

the department of attorney general.

     11-37.5-12. Keeping registration current.

     (a) All sex offenders required to register with the state shall immediately appear in person

at the department to update any changes to their name, residence, employment, or school

attendance, including termination of residency, employment or school attendance.

     (b) All sex offenders required to register with the state shall immediately notify the

department of any changes to their temporary lodging information, vehicle information, Internet

identifiers, or telephone numbers. In the event of a change in temporary lodging, the sex offender

and the department shall immediately notify the jurisdiction in which the sex offender will be

temporarily staying.

     (c) With regard to changes in a sex offender's registration information, the department

shall immediately notify:

     (1) All jurisdictions where a sex offender was required to register prior to the updated

information being given;

     (2) All jurisdictions where a sex offender intends to reside, work, or attend school;

     (3) All jurisdictions where the sex offender is either registered or required to register;

     (4) Specifically with respect to information relating to a sex offender's intent to

commence residence, school, or employment outside of the United States, any jurisdiction where

the sex offender is either registered or required to register, and the U.S. Marshals Service; and

     (5) The NSOR.

     11-37.5-13. Public sex offender registry website.

     (a) The department shall use and maintain a public sex offender registry website.

     (b) The registry website shall have the capability of conducting searches by name,

county, city, and/or town; and zip code and/or geographic radius.

     (c) The registry website shall include:

     (1) Links to sex offender safety and education resources;

     (2) Instructions on how a person can seek correction of information that the individual

contends is erroneous;

     (3) A warning that the information contained on the website should not be used to

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unlawfully injure, harass, or commit a crime against any individual named in the registry or

residing or working at any reported addresses and that any such action could result in civil or

criminal penalties; and

     (4) All field search capabilities needed for full participation in the Dru Sjodin National

Sex Offender Public website and shall participate in that website as provided by the Attorney

General of the United States.

     11-37.5-14. Required and prohibited website information.

     (a) The following information shall be made available to the public on the sex offender

registry website:

     (1) Notice that an offender is in violation of their registration requirements or cannot be

located if the sex offender has absconded;

     (2) All sex offenses for which the sex offender has been convicted;

     (3) The sex offense(s) for which the offender is currently registered;

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

     (5) The name of the sex offender including all aliases;

     (6) A current photograph of the sex offender;

     (7) A physical description of the sex offender;

     (8) The residential address and, if relevant, a description of a location where the sex

offender habitually lives or sleeps;

     (9) All addresses of schools attended by the sex offender; and

     (10) The sex offender's vehicle license plate number along with a description of the

vehicle.

     (b) The following information shall not be available to the public on the sex offender

registry website:

     (1) Any arrest that did not result in conviction;

     (2) The sex offender's social security number;

     (3) Any travel and immigration documents;

     (4) The identity of the victim;

     (5) Internet identifiers (as defined in 42 U.S.C. 16911); and

     (6) Any information of a sex offender who was adjudicated delinquent of a sex offense.

     (c) For sex offenders who are under a witness protection program, the department may

honor the request of the United States Marshals Service or other agency responsible for witness

protection by not including the original identity of the offender on the publicly accessible sex

offender registry website.

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     11-37.5-15. Community notification.

     (a) Whenever a sex offender initially registers or updates their information with the state,

the department shall immediately notify:

     (1) Any and all other registration jurisdictions where the sex offender is registered due to

the sex offender's residency, school attendance, or employment;

     (2) The FBI or other federal agencies as designated by the United States Attorney

General in order that the information may be updated on the NSOR or other relevant databases;

     (3) Any agency, department, or program within the state that is responsible for criminal

investigation, prosecution, child welfare or sex offender supervision functions; and

     (4) National Child Protection Act agencies, which includes any agency responsible for

conducting employment-related background checks under section 3 of the National Child

Protection Act of 1993, 42 U.S.C. section 5119a.

     (b) The department shall ensure there is an automated community notification process in

place that ensures the following:

     (1) Upon a sex offender's initial registration or update of information with the state, the

state's public sex offender registry website is immediately updated; and

     (2) The state's public sex offender registry has a function that enables the general public

to request an email notice that will notify them when a sex offender commences residence,

employment, or school attendance with the state, within a specified zip code, or within a certain

geographic radius. This email notice shall include the sex offender's identity so that the public can

access the public registry for the new information.

     (c) The notification requirements of subsections (a)(4) and (b)(2) of this section do not

apply to sex offenders who were adjudicated delinquent of a sex offense.

     (d) Notwithstanding the aforementioned notification requirements, the department and

local law enforcement agencies where the sex offender resides, is employed or attends school,

may utilize other forms of community notification consistent with the provisions and intent of

this chapter.

     11-37.5-16. Failure to appear for registration.

     (a) In the event a sex offender fails to register or fails to verify or update their registration

information with the state, the department shall immediately inform the local law enforcement

agency of the city or town where the sex offender resides, is employed or attends school and/or

the jurisdiction that provided notification that the sex offender was to commence residency,

employment, or school attendance with the state that the sex offender failed to appear for

registration or failed to update their registration information.

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     (b) Upon notification by the state, the local law enforcement agency where the sex

offender resides, is employed or attends school, shall:

     (1) Make an effort to determine if the sex offender is actually residing, employed or

attending school within their city or town; and

     (2) Seek a warrant for the sex offender's arrest for failing to register or verify or update

their registration in compliance with this chapter. The U.S. Marshals Service or FBI may be

contacted in an attempt to obtain a federal warrant for the sex offender's arrest.

     (c) The department shall update the registry to reflect that the sex offender is not in

compliance with their duty to register.

     11-37.5-17. Absconding.

     (a) If the department receives information that a sex offender has absconded or local law

enforcement cannot determine whether the sex offender is actually residing, employed or

attending school in a city or town using the measures outlined in §11-37.5-17(b), the department,

with the assistance of local law enforcement, shall make an effort to determine if the sex offender

has actually absconded.

     (b) If the information indicating the possible absconding came through notice from

another jurisdiction or federal authorities, they shall be informed that the sex offender has failed

to appear and register.

     (c) If an absconded sex offender cannot be located then the department shall take the

following steps:

     (1) Update the registry to reflect the sex offender has absconded or is otherwise not

capable of being located;

     (2) Notify the local law enforcement agency where the sex offender resides, so the local

law enforcement agency can seek a warrant for the sex offender's arrest.

     (3) Notify the U.S. Marshals Service or FBI so they may attempt, if necessary, to obtain a

federal warrant for the sex offender's arrest;

     (4) Update the NSOR to reflect the sex offender's status as an absconder, or is otherwise

not capable of being located; and

     (5) Enter the sex offender into the National Crime Information Center Wanted Person

file.

     11-37.5-18. Crimes and civil sanctions.

     (a) Any person who is required to register under this chapter who knowingly fails to

comply with any of the provisions provided herein shall be guilty of a felony and subject to

imprisonment for not more than ten (10) years, or fined not more than ten thousand dollars

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($10,000), or both.

     (b) Any person who is required to register under this chapter who knowingly fails to

comply with any of the provisions provided herein shall be in violation of the terms of their

release, regardless of whether or not the term was a special condition of their release on

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

     (c) Any person who is required to register or verify their address, who knowingly resides

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

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

thousand dollars ($5,000) or both.

     11-37.5-19. Hindrance of sex offender registration.

     (a) It shall be unlawful to knowingly harbor or knowingly attempt to harbor, or

knowingly assist another person in harboring or attempting to harbor a sex offender who is in

violation of this chapter or knowingly assists a sex offender in eluding a law enforcement agency

that is seeking to find the sex offender to question the sex offender about, or to arrest the sex

offender for noncompliance with the requirements of this chapter; or provides information to a

law enforcement agency regarding a sex offender which the person knows to be false.

     (b) Those found in violation of subsection (a) of this section shall be guilty of a felony

and subject to imprisonment for not more than ten (10) years, or fined not more than ten thousand

dollars ($10,000), or both.

     11-37.5-20. No subrogation of local law enforcement.

     Notwithstanding the provisions of this chapter, local law enforcement agencies within the

state shall have the authority provided by law to enforce the provisions of this chapter, including,

but not limited to, residency verification checks. Local law enforcement agencies shall be under

no duty to register sex offenders as provided by this chapter.

     11-37.5-21. Rules and regulations for community notification.

     The department shall promulgate rules and regulations to implement the provisions

required in this chapter.

     11-37.5-22. Immunity.

     Any person acting under good faith pursuant to this chapter shall be immune from any

civil liability arising out of such actions.

     11-37.5-23. Severability.

     If any provision of this chapter or its application to any person or circumstance is held

invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or

applications of this chapter which can be given effect without the invalid or unconstitutional

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provision or application, and to this end the provisions of this chapter are declared to be

severable.

     SECTION 4. Section 2 shall take effect upon passage. Sections 1 and 3 shall take effect

on July 1, 2018, and shall apply to all persons who are or have been convicted of a sex offense

and shall be required to register as a sex offender as provided by this act.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION AND

NOTIFICATION

***

     This act would implement the federal Sex Offender Registration and Notification Act

(SORNA) (Title I of Public Law 109-248).

     Section 2 would take effect upon passage. Sections 1 and 3 would take effect on July 1,

2018, and would apply to all persons who are or have been convicted of a sex offense and are

required to register as a sex offender as provided by this act.

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