2017 -- S 0608 SUBSTITUTE A AS AMENDED

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LC002132/SUB A

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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: Senators McCaffrey, Lombardi, Archambault, Conley, and Nesselbush

     Date Introduced: March 15, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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

     11-37.1-11. 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. ; and

     (6) Information shall be disclosed by the local police department to the local school

department for those registered offenders determined to be level 3 offenders by the parole board

for the purposes of notifying parents of students whose school bus stop is within one thousand

feet (1,000') of a level 3 sex offender's residence, which distance shall be measured from the

nearest boundary line of the real property supporting the residence of the level 3 sex offender to

the school bus stop.

     (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.

     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 require local law enforcement to share information with local school

departments for the purposes of notifying parents of students whose bus stop is within one

thousand feet (1000') of the residence of a level 3 sex offender.

     This act would take effect upon passage.

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