2017 -- H 5723

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LC001858

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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

COMMUNITY NOTIFICATION

     Introduced By: Representatives Solomon, Coughlin, O'Brien, Johnston, and Barros

     Date Introduced: March 01, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-37.1-13 and 11-37.1-16 of the General Laws in Chapter 11-

37.1 entitled "Sexual Offender Registration and Community Notification" are hereby amended to

read as follows:

     11-37.1-13. Notification procedures for tiers two (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:

     (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.

     (5) That if, after hearing on an application for review, the superior court or the family

court finds by a preponderance of the evidence that the board's determination of the level and

nature of the community notification was not in compliance with this chapter, it may raise or

lower the offender's level. Notice that the level may be raised or lowered shall be given to the

offender in writing by the board at the time its decision is rendered.

     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 or 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.

     (d) If after hearing, the court finds by a preponderance of the evidence that the board's

determination of the level and nature of community notification was not in compliance with this

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chapter, it may raise or lower the offender's level.

     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.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION AND

COMMUNITY NOTIFICATION

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     This act would allow the superior court or the family court in reviewing sex offender

level determination by the sex offender board of review, to raise or lower the offender's

community notification level. The board must give the offender notice at the time it renders its

decision that upon review, the court has the power to raise or lower the offender's community

notification level.

     This act would take effect upon passage.

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