2018 -- H 7541 SUBSTITUTE A | |
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LC004514/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2018 | |
____________ | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION AND | |
COMMUNITY NOTIFICATION | |
| |
Introduced By: Representatives Craven, O'Brien, Marshall, Morin, and Casey | |
Date Introduced: February 09, 2018 | |
Referred To: House Judiciary | |
(Attorney General) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 11-37.1-2, 11-37.1-3, 11-37.1-4, 11-37.1-5, 11-37.1-6, 11-37.1-7, |
2 | 11-37.1-8, 11-37.1-9, 11-37.1-10, 11-37.1-11 and 11-37.1-12 of the General Laws in Chapter 11- |
3 | 37.1 entitled "Sexual Offender Registration and Community Notification" are hereby amended to |
4 | read as follows: |
5 | 11-37.1-2. Definitions. |
6 | (a) "Aggravated offense" means, and includes, offenses involving sexual penetration of |
7 | victims of any age through the use of force, or the threat of use of force, or offenses involving |
8 | sexual penetration of victims who are fourteen (14) years of age or under. |
9 | (b) "Board", "board of review", or "sex offender board of review" means the sex offender |
10 | board of review appointed by the governor pursuant to § 11-37.1-6. |
11 | (c) (1) "Conviction" or "convicted" means, and includes, any instance where: |
12 | (i) A judgment of conviction has been entered against any person for any offense |
13 | specified in subsection (e) or (k), or a federal offense, a foreign offense, or a military offense, |
14 | regardless of whether an appeal is pending; or |
15 | (ii) There has been a finding of guilty for any offense specified in subsection (e) or (k), or |
16 | a federal offense, a foreign offense, or a military offense, regardless of whether an appeal is |
17 | pending; or |
18 | (iii) There has been a plea of guilty or nolo contendere for any offense specified in |
| |
1 | subsection (e) or (k), or a federal offense, a foreign offense, or a military offense, regardless of |
2 | whether an appeal is pending; or |
3 | (iv) There has been an admission of sufficient facts or a finding of delinquency for any |
4 | offense specified in subsection (e) or (k), or a federal offense, a foreign offense, or a military |
5 | offense, regardless of whether or not an appeal is pending. |
6 | (2) Provided, in the event that a conviction, as defined in this subsection, has been |
7 | overturned, reversed, or otherwise vacated, the person who was the subject of the conviction shall |
8 | no longer be required to register as required by this chapter and any records of a registration shall |
9 | be destroyed. Provided, further, that nothing in this section shall be construed to eliminate a |
10 | registration requirement of a person who is again convicted of an offense for which registration is |
11 | required by this chapter. |
12 | (d) [Deleted by P.L. 2003, ch. 162, § 1 and by P.L. 2003, ch. 170, § 1]. |
13 | (e) "Criminal offense against a victim who is a minor" means, and includes, any of the |
14 | following offenses or any offense in another jurisdiction that is substantially the equivalent of the |
15 | following or for which the person is or would be required to register under 42 U.S.C. § 14071 or |
16 | 18 U.S.C. § 4042(c) 34 U.S.C. § 20911 as amended: |
17 | (1) Kidnapping or false imprisonment of a minor, in violation of §§ 11-26-1.4, 11-26-1 or |
18 | 11-26-2, where the victim of the offense is sixteen (16) years of age or older and under the age of |
19 | eighteen (18) years; |
20 | (2) Enticement of a child in violation of § 11-26-1.5 with the intent to violate §§ 11-37-6, |
21 | 11-37-8, 11-37-8.1, 11-37-8.3; |
22 | (3) Any violation of §§ 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3; |
23 | (4) Any violation of § 11-1-10, where the underlying offense is a violation of chapter 34 |
24 | of this title and the victim, or person solicited to commit the offense, is under the age of eighteen |
25 | (18) years; |
26 | (5) Any violation of § 11-9-1(b) or (c); |
27 | (6) Any violation of § 11-9-1.3; |
28 | (7) Any violation of § 11-9-1.5; |
29 | (8) Any violation of § 11-37.1-10; |
30 | (9) Any violation of § 11-37-8.8; |
31 | (10) Any violation of § 11-64-2, where the victim is under the age of eighteen (18) years; |
32 | (11) Murder in violation of § 11-23-1, where the murder was committed in the |
33 | perpetration of, or attempted perpetration of, kidnapping and where the victim of the offense is |
34 | under eighteen (18) years of age; or |
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1 | (12) Any violation of §§ 11-67-6, 11-67.1-3(b), 11-67.1-4(b), 11-67.1-5(c), 11-67.1-6(b), |
2 | or 11-67.1-7(b). |
3 | (13) Any conviction for an attempt or conspiracy to commit an offense enumerated in this |
4 | subsection. |
5 | (f) "Designated state law enforcement agency" means the attorney general, or his or her |
6 | designee. |
7 | (g) "Employed, carries on a vocation" means and includes the definition of "employed, |
8 | carries on a vocation" under 42 U.S.C. § 14071 34 U.S.C. § 20911. |
9 | (h) "Institutions of higher education" means any university, two- or four-year (2 or 4) |
10 | college or community college. |
11 | (i) "Mental abnormality" means a congenital or acquired condition of a person that affects |
12 | the emotional or volitional capacity of the person in a manner that predisposes that person to the |
13 | commission of criminal sexual acts to a degree that makes the person a menace to the health and |
14 | safety of other persons. |
15 | (j) "Predator" means a person whose act(s) is (are) or was (were) directed at a stranger, or |
16 | at a person with whom a relationship has been established or promoted for the primary purpose of |
17 | victimization. |
18 | (k) "Sexually violent offense" means, and includes, any violation of §§ 11-37-2, 11-37-4, |
19 | 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, 11-67-2 (where the victim was subject to commercial |
20 | sexual activity), 11-67-3(a), 11-67-3(b) (where the victim was subject to commercial sexual |
21 | activity), 11-67.1-3(c) (where the victim was subject to sexual servitude), 11-67.1-5(d), 11-67.1- |
22 | 6(c); or 11-5-1, where the specified felony is sexual assault; or § 11-23-1, where the murder was |
23 | committed in the perpetration of, or attempted perpetration of, rape or any degree of sexual |
24 | assault or child molestation; or any offense in another jurisdiction that is substantially the |
25 | equivalent of any offense listed in this subsection or for which the person is or would be required |
26 | to register under 42 U.S.C. § 14071 or 18 U.S.C. § 4042(c) 34 U.S.C. § 20911 as amended, or |
27 | any conviction for an attempt or conspiracy to commit an offense enumerated in this subsection. |
28 | (l) "Sexually violent predator" means a person who has been convicted of a sexually |
29 | violent offense and who has a mental abnormality or personality disorder that makes the person |
30 | likely to engage in predatory sexually violent offenses. |
31 | (m) "Student" means, and includes, the definition of "student" under 42 U.S.C. § 14071 |
32 | 34 U.S.C. § 20911. |
33 | (n) "Parole board" means the parole board or its designee. |
34 | (o) "Abscond" means to not register as required, or to relocate to some unknown place |
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1 | other than the registered place of residence, or to conceal himself or herself in an attempt to avoid |
2 | registration or verification of registration. |
3 | (p) "Federal offense" means, and includes, any conviction for an offense that was |
4 | obtained under federal law which, if committed within the jurisdiction of this state, would require |
5 | the person to register, any conviction for an offense under 34 U.S.C. § 20911 as amended, or any |
6 | conviction for an attempt or conspiracy to commit an offense requiring registration under this |
7 | subsection. |
8 | (q) "Foreign offense" means, and includes, any conviction for an offense which, if |
9 | committed within the jurisdiction of this state, would require the person to register that was |
10 | obtained under the laws of Canada, the United Kingdom, Australia, New Zealand, or under the |
11 | laws of any foreign country when the United States state department in its country reports on |
12 | human rights practices has concluded that an independent judiciary generally or vigorously |
13 | enforced the right to a fair trial in that country during the year in which the conviction occurred, |
14 | or any conviction for an attempt or conspiracy to commit an offense enumerated in this |
15 | subsection. |
16 | (r) "Habitually lives or sleeps" means living in a place with some regularity, and with |
17 | reference to where a person required to be registered under this chapter actually lives, which |
18 | could be some place other than a mailing address or primary address but would entail a place |
19 | where the person lives on an intermittent basis regardless of whether it pertains to a location |
20 | otherwise identifiable by street or address. |
21 | (s) "Homeless" means a person required to be registered under this chapter who lacks a |
22 | fixed, regular, and adequate nighttime residence; has a primary nighttime residence that is a |
23 | public or private place not designed for or ordinarily used as a regular sleeping accommodation |
24 | for human beings, including a car, park, abandoned building, bus or train station, airport, or |
25 | camping ground; living in a supervised publicly or privately operated shelter designated to |
26 | provide temporary living arrangements (including hotels and motels paid for by federal, state, or |
27 | local government programs for low-income individuals or by charitable organizations, congregate |
28 | shelters, and transitional housing); or who resided in a shelter or place not meant for human |
29 | habitation and who is exiting an institution where he or she temporarily resided. |
30 | (t) "Immediate or Immediately" means upon receipt of information provided by or |
31 | regarding a person required to register under this chapter but not later than three (3) business |
32 | days. |
33 | (u) "Jurisdiction" means any of the fifty (50) states, the District of Columbia, the |
34 | Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern |
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1 | Marian Islands, the United States Virgin Islands, and any Indian tribe that has elected to function |
2 | as a registration and notification jurisdiction pursuant to 34 U.S.C. § 20929. |
3 | (v) "Military offense" means, and includes, any conviction for any military offense |
4 | specified by the secretary of defense under § 115(a)(8)(C)(i) of Pub. L. 105-119, codified at 10 |
5 | U.S.C. § 951 note, or any conviction for an attempt or conspiracy to commit an offense |
6 | enumerated in this subsection. |
7 | (w) "Public or private educational institution" means early childhood facilities (nursery |
8 | school, pre-kindergarten and kindergarten), elementary, middle, secondary, institutions of higher |
9 | education, and post-secondary educational institutions authorized or licensed by the State of |
10 | Rhode Island. |
11 | (x) "School" means the buildings and real property of kindergarten, elementary, middle, |
12 | and secondary institutions, whether public or private. |
13 | 11-37.1-3. Registration required -- Persons covered. |
14 | (a) Any person who, in this or any other jurisdiction: (1) has been convicted of a criminal |
15 | offense against a victim who is a minor, (2) has been convicted of a sexually violent offense, (3) |
16 | has been determined to be a sexually violent predator, (4) has committed an aggravated offense as |
17 | defined in § 11-37.1-2, or (5) is a recidivist, as defined in § 11-37.1-4, (6) has been convicted of a |
18 | federal offense, (7) has been convicted of a foreign offense, (8) has been convicted of a military |
19 | offense, or (9) has been convicted of a violation of § 11-37.1-10 shall be required to register his |
20 | or her current address with the local law enforcement agency having jurisdiction over the city or |
21 | town in which the person having the duty to register resides for the time period specified in § 11- |
22 | 37.1-4. |
23 | (b) Any person who is: (1) a nonresident worker who has committed an offense that is |
24 | subject to registration in the state jurisdiction of his or her residence and who is employed or |
25 | carrying on a vocation in Rhode Island as defined in § 11-37.1-2(g), or (2) a nonresident student |
26 | as defined by § 11-37.1-2(m) who has committed an offense that is subject to registration in the |
27 | state jurisdiction of his or her residence and who is attending an educational institution public or |
28 | private educational institution in Rhode Island, shall be required to register his or her current |
29 | address and the address of his or her place of employment or school a public or private |
30 | educational institution attended with the local law enforcement agency having jurisdiction over |
31 | the city or town in which the nonresident worker or student is employed or attending school a |
32 | public or private educational institution. |
33 | (c) Any person having a duty to register as a sex offender in subsection (a) of this section |
34 | who is enrolled at, employed at or carrying on a vocation at an institution of higher education |
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1 | shall have an additional duty to register the information described in subsection (a) of this section |
2 | with the local law enforcement agency in the city or town where the primary campus of the |
3 | institution of higher education at which the person is enrolled, employed or carrying on a |
4 | vocation who is located for the period of time they are enrolled at, employed at or carrying on a |
5 | vocation at the institution of higher education. |
6 | (d) If a person is registered as a sex offender in another state jurisdiction for an offense |
7 | which, if committed within the jurisdiction of this state, would require the person to register as a |
8 | sex offender, then that person, upon moving to or returning to this state, shall register as a sex |
9 | offender in the same manner as if the offense were committed within Rhode Island. |
10 | (e) Registration information. In addition to the requirements of subsections (a) through |
11 | (d) of this section, the person required to register under this section shall provide the local law |
12 | enforcement agency the following information: |
13 | (1) Relating to the person's name: |
14 | (i) The person's full primary given or legal name; |
15 | (ii) Any and all names the person has used in the past, valid or otherwise; and |
16 | (iii) Any and all nicknames, aliases, and pseudonyms regardless of the context in which |
17 | they are used. |
18 | (2) Relating to the person's date of birth: |
19 | (i) The person's actual date of birth; and |
20 | (ii) Any other date of birth used by the person. |
21 | (3) Relating to the person's social security number: |
22 | (i) A valid social security number for the person; and |
23 | (ii) Any social security number the person has used in the past, valid or otherwise. |
24 | (4) A current digitized photograph of the person. |
25 | (5) An accurate description of the person as follows: |
26 | (i) A general description of the person's physical appearance or characteristics; and |
27 | (ii) Any identifying marks, such as, but not limited to, scars, moles, birthmarks, or |
28 | tattoos. |
29 | (6) A photocopy of all of the person's valid driver's licenses issued by any jurisdiction. |
30 | (7) A photocopy of all of the identification card's issued to the person. |
31 | (8) A photocopy of any passports issued to the person. |
32 | (9) Relating to the person's residence: |
33 | (i) The address of each residence at which the person resides or will reside; |
34 | (ii) Any location or description that identifies where the person habitually lives or sleeps |
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1 | regardless of whether it pertains to a permanent residence or location otherwise identifiable by a |
2 | street or address; and |
3 | (iii) Whether the person is homeless. |
4 | (10) Any and all telephone numbers of the person. |
5 | (11) Relating to the person's Internet related activity: |
6 | (i) Any and all email addresses used by the person; |
7 | (ii) Any and all Instant Message addresses and identifiers; |
8 | (iii) Any and all other designations or monitors used for self-identification in Internet |
9 | communications or postings; and |
10 | (iv) Any and all designations used by the person for the purpose of routing or self- |
11 | identification and Internet communications or postings. |
12 | (12) Relating to all vehicles owned or operated by the person for work or personal use |
13 | including land vehicles, aircraft, and watercraft: |
14 | (i) License plate numbers; |
15 | (ii) Registration numbers or identifiers; |
16 | (iii) General description of the vehicle to include color, make, model, and year; and |
17 | (iv) Any permanent or frequent location where any covered vehicle is kept. |
18 | (13) Relating to the person's employment, any and all places where the person is |
19 | employed in any means including volunteer and unpaid positions: |
20 | (i) The name of the person's employer; |
21 | (ii) The address of the person's employer; and |
22 | (iii) Similar information related to any transient or day labor employment. |
23 | (14) All licensing information that authorizes the person to engage in an occupation or |
24 | carry out a trade or business. |
25 | (15) Relating to the person's public or private educational institution: |
26 | (i) The name of each public or private educational institution at which the person is or |
27 | will be a student; and |
28 | (ii) The address of each public or private educational institution where the person is or |
29 | will be a student. |
30 | (16) Relating to the person's criminal history: |
31 | (i) The date of all arrests; |
32 | (ii) The date of all convictions; |
33 | (iii) The person's status of parole, probation, or supervised release; |
34 | (iv) The person's registration status; and |
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1 | (v) Any outstanding arrest warrants. |
2 | (17) The fingerprints and palm prints of the person in a digitized format that shall be |
3 | submitted to the FBI Central Database, Next Generation Identification Program. |
4 | (18) If the person's DNA is not already contained in the Combined DNA Index System |
5 | (CODIS), the person shall provide a sample of his or her DNA. Any DNA sample obtained from |
6 | a person shall be submitted to an appropriate lab for analysis and entry of the resulting DNA |
7 | profile into CODIS. |
8 | (19) The text of each provision of law defining the criminal offense(s) for which the |
9 | person is registered. |
10 | (20) When the person will be absent from his/her residence for seven (7) days or more: |
11 | (i) Identifying information of the temporary lodging locations including addresses and |
12 | names; and |
13 | (ii) The dates the person will be staying at each temporary lodging location. |
14 | (21) If the person will be traveling outside of the United States, the person must notify |
15 | the local law enforcement agency at least twenty-one (21) days in advance of the travel date and |
16 | provide any necessary information regarding his or her international travel in accordance with § |
17 | 11-37.1-9(g). |
18 | (22) A signed copy of the person's notice of registration and notification obligations as |
19 | provided in § 11-37.1-5(b)(6). |
20 | (23) The local law enforcement agency and the designated state law enforcement agency |
21 | shall maintain all information obtained under this chapter in a digitized format. |
22 | 11-37.1-4. Duration of registration -- Frequency of registration. |
23 | (a) Annual registration. Any person required to register under § 11-37.1-3(a)(1) or (2) |
24 | shall annually register with the local law enforcement agency having jurisdiction over the city or |
25 | town in which the person having the duty to register resides for a period of ten (10) years from |
26 | the expiration of sentence for the offense and shall verify his or her address with the agency on a |
27 | quarterly basis for the first two (2) years of the period unless the person has been determined to |
28 | be a sexually violent predator in accordance with § 11-37.1-6 or unless the person is required to |
29 | register for the life of that person in accordance with the provisions of subsection (c) of this |
30 | section. |
31 | (b) Sexually violent predators. Any person who has been determined to be a sexually |
32 | violent predator in accordance with the provisions of § 11-37.1-6 shall be required to annually |
33 | register in person with the local law enforcement agency having jurisdiction over the city or town |
34 | in which the person having the duty to register resides for the life of that person and to verify his |
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1 | or her address on a quarterly basis for the life of that person. |
2 | (c) Recidivists and aggravated crime offenders. Any person required to register under § |
3 | 11-37.1-3 and who has one or more prior convictions for any offense described in § 11-37.1-2 or |
4 | has been convicted of an aggravated offense as defined in § 11-37.1-2 shall annually register in |
5 | person with the local law enforcement agency having jurisdiction over the city or town in which |
6 | the person having the duty to register resides for the life of that person and to verify his or her |
7 | address on a quarterly basis for the life of that person. |
8 | (d) Nonresident workers and students. Any nonresident person required to register |
9 | pursuant to § 11-37.1-3(b)(1) or (2) shall annually register in person with the local law |
10 | enforcement agency having jurisdiction over the city or town in which the person having the duty |
11 | to register is employed or attends school a public or private educational institution for the period |
12 | of time that the person is employed in Rhode Island or is attending school a public or private |
13 | educational institution in Rhode Island. |
14 | (e) Initial registration; Incarcerated individuals. All persons required to register under this |
15 | chapter who are sentenced to a period of confinement shall perform their initial registration by |
16 | appearing in person at the local law enforcement agency in the city or town in which the person |
17 | intends to reside within twenty-four (24) hours of their release from confinement. |
18 | (f) Initial registration; Non-incarcerated individuals. All persons required to register |
19 | under this chapter who are convicted in Rhode Island and who are not sentenced to serve a term |
20 | of incarceration or confinement shall perform their initial registration by appearing in person at |
21 | the local law enforcement agency in the city or town in which the person intends to reside within |
22 | twenty-four (24) hours of being sentenced. |
23 | (g) Initial registration; Individuals relocating to Rhode Island. All persons required to |
24 | register under this chapter who are moving their residence to Rhode Island from another |
25 | jurisdiction shall perform their initial registration by appearing in person at the local law |
26 | enforcement agency in the city or town in which the person intends to reside within twenty-four |
27 | (24) hours of their arrival in Rhode Island. |
28 | (h) Initial registration; Nonresident workers and students. All nonresident workers or |
29 | students who are required to register under this chapter shall perform their initial registration by |
30 | appearing in person at the local law enforcement agency in the city or town in which the person is |
31 | employed or is attending school a public or private educational institution within twenty-four (24) |
32 | hours of their first day of their personal attendance at their place of employment or school a |
33 | public or private educational institution. |
34 | (i) Tolling provision. Where, during the period in which any person is required to |
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1 | register, a person required to register under this chapter is incarcerated or re-incarcerated for any |
2 | offense or is civilly committed, the person's registration requirements shall be tolled during the |
3 | subsequent incarceration, re-incarceration or commitment. |
4 | (j) Juveniles. Any juvenile having the duty to register under subsections (b) and (c) of this |
5 | section shall be required to annually register in person with the local law enforcement agency |
6 | having jurisdiction over the city or town in which the juvenile having the duty to register resides |
7 | for fifteen (15) years subsequent to the date of release from confinement or placement in the |
8 | community or probation for such offense or offenses and to verify his or her address on a |
9 | quarterly basis for said fifteen (15) years. However, if a juvenile is adjudicated delinquent under § |
10 | 11-37-8.1 or 11-37-8.3, the court shall assess the totality of the circumstances of the offense and |
11 | if the court makes a finding that the conduct of the parties is criminal only because of the age of |
12 | the victim, the court may have discretion to order the juvenile to register as a sex offender as long |
13 | as the court deems it appropriate to protect the community and to rehabilitate the juvenile |
14 | offender. Registration shall be subject to the provisions of this chapter. |
15 | (k) Annual registration for federal, foreign, or military offenses. Any person who is |
16 | required to register under this chapter due to a conviction of a federal offense, a foreign offense, |
17 | or a military offense shall register for the duration and frequency in the same manner as if the |
18 | offense were committed within Rhode Island. |
19 | (l) Homeless persons. In addition to the other requirements of this section, a person who |
20 | is required to register under this chapter and is homeless shall verify their presence in the |
21 | community with the local law enforcement agency where they are required to register three (3) |
22 | times a week for the duration of their being homeless. |
23 | 11-37.1-5. Registration requirement upon release, parole, or probation. |
24 | (a) (1) Duty of state officials. If a person who is required to register under this chapter is |
25 | released from prison, including those place on parole, then the official in charge of the place of |
26 | confinement or his or her designee shall comply with the provisions of subsection (b) of this |
27 | section; |
28 | (2) If a person who is required to register under this chapter is placed on parole, the |
29 | executive secretary of the parole board shall comply with the provisions of subsection (b) of this |
30 | section; |
31 | (3) If a person who is required to register under this chapter is released on probation or |
32 | placed on home confinement, then the assistant administrator or the division of probation shall |
33 | comply with the provisions of subsection (b) of this section; |
34 | (4) If a person who is required to register under this chapter is released from a juvenile |
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1 | correctional facility, either outright or on some form of supervised release, then the person in |
2 | charge of the institution shall comply with the provisions of subsection (b) of this section; |
3 | (5) If a person who is required to register under this chapter is placed on juvenile |
4 | probation, then the person in charge of the program shall comply with the provisions of |
5 | subsection (b) of this section; or |
6 | (6) If a person who is required to register under this chapter has moved into this state |
7 | under the provisions of an interstate compact providing for supervision of the terms of his or her |
8 | release by agents of this state, then the administrator of the interstate compact shall comply with |
9 | the provisions of subsection (b) of this section. |
10 | (b) Notification of registration requirements. The person designated with the |
11 | responsibility for the notification requirements of this chapter shall, prior to the release of any |
12 | person required to register under this chapter: |
13 | (1) Inform the person of the duty to register and obtain the information required for |
14 | registration under § 11-37.1-5(c); |
15 | (2) Inform the person that if the person changes his or her residence address, the person |
16 | shall give the new address to a the designated state law enforcement agency in writing within |
17 | twenty-four (24) hours; |
18 | (3) Inform the person that if the person changes residence to another state jurisdiction, the |
19 | person shall register the new address with the law enforcement agency with whom the person last |
20 | registered, and the person is also required to register with a designated law enforcement agency in |
21 | the new state jurisdiction in accordance with the new state's jurisdiction's sex offender registration |
22 | statute; |
23 | (4) Inform the person that if the person works or attends school a public or private |
24 | educational institution in another state jurisdiction in which he or she does not reside, the person |
25 | shall register his or her employment address or address of the educational institution he or she |
26 | attends as required by the other state jurisdiction; |
27 | (5) Obtain fingerprints and a photograph of the person if these have not already been |
28 | obtained in connection with the offense that triggers registration; and |
29 | (6) Require the person to read and sign a form approved by the attorney general stating |
30 | that the duty of the person to register under this section has been explained. |
31 | (c) Registration information. In addition to the requirements of subsection (b) of this |
32 | section, for a person required to register under § 11-37.1-3, then the person responsible for the |
33 | notification required under subsection (b) of this section shall obtain the name of the person, |
34 | identifying factors, anticipated future residence, juvenile and adult offense history, and |
| LC004514/SUB A - Page 11 of 24 |
1 | documentation of any treatment received for the mental abnormality or personality disorder of the |
2 | person. following information in a digitized format: |
3 | (1) Relating to the person's name: |
4 | (i) The person's full primary given or legal name; |
5 | (ii) Any and all names the person has used in the past, valid or otherwise; and |
6 | (iii) Any and all nicknames, aliases, and pseudonyms regardless of the context in which |
7 | they are used. |
8 | (2) Relating to the person's date of birth: |
9 | (i) The person's actual date of birth; and |
10 | (ii) Any other date of birth used by the person. |
11 | (3) Relating to the person's social security number: |
12 | (i) A valid social security number for the person; and |
13 | (ii) Any social security number the person has used in the past, valid or otherwise. |
14 | (4) A current digitized photograph of the person. |
15 | (5) An accurate description of the person as follows: |
16 | (i) A general description of the person's physical appearance or characteristics; and |
17 | (ii) Any identifying marks, such as, but not limited to, scars, moles, birthmarks, or |
18 | tattoos. |
19 | (6) Relating to the person's residence: |
20 | (i) The address of each residence at which the person resides or will reside; and |
21 | (ii) Whether the person is homeless. |
22 | (7) Any and all telephone numbers of the person. |
23 | (8) A signed copy of the person's notice of registration and notification obligations as |
24 | provided in § 11-37.1-5(b)(6). |
25 | (d) For purposes of this subsection subsection (c) of this section, the provisions of chapter |
26 | 37.3 of title 5 pertaining to health care privileges, the provisions of § 9-17-24 pertaining to the |
27 | privilege of witnesses, or the provisions of § 42-72-8 pertaining to confidentiality of records of |
28 | the department of children, youth and families, shall not be effective so as to prevent the transfer |
29 | of information or the testimony of any person possessing any information required by this |
30 | subsection. Any information so obtained may be transferred to the sex offender board of review |
31 | and may be used by them in making a determination of whether or not the person is a sexually |
32 | violent predator or in determining the level of notification under § 11-37.1-12. The information |
33 | may also be used by the sentencing court or by any court reviewing the level of notification |
34 | determined by the sex offender board of review or reviewing any conviction or sentence which |
| LC004514/SUB A - Page 12 of 24 |
1 | requires registration under this chapter. Provided, information so obtained shall not be admissible |
2 | in any other judicial proceeding against the subject of the information except to determine a |
3 | person's status as a sexually violent predator or to determine or review the level of notification to |
4 | the community which has been made by a court or the sex offender board of review. Provided, |
5 | further, that this subsection shall not be applicable to any person for whom an appeal is pending |
6 | for which a final judgment of conviction has not been entered, until the time that a final |
7 | conviction has been entered. |
8 | 11-37.1-6. Community notification. |
9 | (1) (a) Sex Offender Board of Review. The governor shall appoint eight (8) persons |
10 | including experts in the field of the behavior and treatment of sexual offenders by reason of |
11 | training and experience, victim's rights advocates, and law enforcement representatives to the sex |
12 | offender board of review. At least one member of the sex offender board of review shall be a |
13 | qualified child/adolescent sex offender treatment specialist. These persons shall serve at the |
14 | pleasure of the governor or until their successor has been duly qualified and appointed. |
15 | (b) Duties of the Board. Upon passage of this legislation, the sex offender board of |
16 | review will utilize a validated risk assessment instrument and other material approved by the |
17 | parole board to determine the level of risk an offender poses to the community and to assist the |
18 | sentencing court in determining if that person is a sexually violent predator. If the offender is a |
19 | juvenile, the Department of Children, Youth & Families shall select and administer a risk |
20 | instrument appropriate for juveniles and shall submit the results to the sex offender board of |
21 | review. |
22 | (c) Duties of other state agencies. Six (6) months prior to release of any person having a |
23 | duty to register under § 11-37.1-3, or upon sentencing of a person having a duty to register under |
24 | § 11-37.1-3, if the offender is not incarcerated, the agency having supervisory responsibility and |
25 | the Interstate Compact Unit of the Rhode Island department of corrections upon acceptance of |
26 | supervision of a sexual offender from the sending state jurisdiction shall refer the person to the |
27 | sex offender board of review, together with any reports and documentation that may be helpful to |
28 | the board, for a determination as to the level of risk an offender poses to the community and to |
29 | assist the sentencing court in determining if that person is a sexually violent predator. |
30 | (2) (i) The board shall within thirty (30) days of a referral of a person shall conduct the |
31 | validated risk assessment, review other material provided by the agency having supervisory |
32 | responsibility and assign a risk of re-offense level to the offender. In addition, the board may find |
33 | that, based on the assessment score and other material, that the person may possess a mental |
34 | abnormality or personality disorder that makes the person likely to engage in sexually violent |
| LC004514/SUB A - Page 13 of 24 |
1 | predatory offenses. In these cases, the committee shall ask the parole board psychiatrist or if the |
2 | offender is a juvenile, a DCYF psychiatrist to conduct a sex offender evaluation to determine if |
3 | the offender possesses a mental abnormality or personality disorder that affects the emotional or |
4 | volitional capacity of the person in a manner that predisposes that person to the commission of |
5 | criminal sexual acts to a degree that makes the person a menace to the health and safety of other |
6 | persons. |
7 | (ii) Upon receipt of a sex offender evaluation that suggests there is sufficient evidence |
8 | and documentation to suggest that a person may be a sexually violent predator, the sex offender |
9 | board of review shall forward a report to the attorney general for consideration by the court. |
10 | (iii) Upon receipt of a report from the attorney general, the court, after notice to the |
11 | offender and his or her counsel, shall upon consideration of the report and other materials, make a |
12 | determination as to whether or not a person is a sexually violent predator. |
13 | (iv) Effect of determination. In the event that a determination is made by the court that a |
14 | person is a sexually violent predator, that person shall be required to register and verify his or her |
15 | address in accordance with §§ 11-37.1-3, 11-37.1-4 and 11-37.1-8(b). |
16 | (3) No cause of action or liability shall arise or exist against the committee or any |
17 | member or agent of the board as a result of the failure of the board to make any findings required |
18 | by this section within the time period specified by subdivision (2) of this subsection. |
19 | (4) Notwithstanding any other provision of law, the board shall have access to all relevant |
20 | records and information in the possession of any state official or agency having a duty under §§ |
21 | 11-37.1-5(a)(1) through (6), relating to the juvenile and adult offenders under review by the |
22 | board, including, but not limited to, police reports; prosecutor's statements of probable cause, |
23 | presentence investigations and reports, complete judgments and sentences, current classification |
24 | referrals, juvenile and adult criminal history records, violation and disciplinary reports, all |
25 | psychological evaluations and psychiatric evaluations, psychiatric hospital records, sex offender |
26 | evaluations and treatment reports, substance abuse evaluations and treatment reports to the extent |
27 | allowed by federal law. Records and information obtained by the board of review under this |
28 | subsection shall remain confidential, provided that the board of review may disclose the records |
29 | and information to the sentencing court in accordance with the provisions of this chapter. |
30 | (5) Duties of the director of the department of corrections/director of the department of |
31 | children, youth and families. Not less than sixty (60) days prior to release of any person subject to |
32 | this chapter, the director of the department of corrections or, in the event the person is a juvenile, |
33 | the director of the department of children, youth and families, or their respective designees, shall |
34 | seek verification that the duties of the sex offender board of review and any other state agency |
| LC004514/SUB A - Page 14 of 24 |
1 | have been fulfilled as specified in § 11-37.1-6 et seq. In the event that the director of the |
2 | department of corrections or, in the event the person is a juvenile, the director of the department |
3 | of children, youth and families, cannot obtain verification, he or she shall, no less than thirty (30) |
4 | days prior to the release of a person subject to this chapter, file with the presiding judge of the |
5 | superior court or, in the case of a juvenile, the chief judge of the family court, a petition in the |
6 | nature of mandamus, seeking compliance with this chapter. The court shall promptly, but no less |
7 | than ten (10) days from the filing of the petition, hold a hearing on the petition. The court may, in |
8 | its discretion, enter any orders consistent with this chapter to compel compliance, however, the |
9 | court may not delay the release of any person subject to this chapter for the failure of the sex |
10 | offender board of review or any state agency to fulfill its obligations under this chapter. |
11 | 11-37.1-7. Transfer of information to designated state law enforcement agency and |
12 | the FBI. |
13 | (a) The person required to provide notice in accordance with § 11-37.1-5(b) and the local |
14 | law enforcement agencies required to register persons who have a duty to register in accordance |
15 | with § 11-37.1-4 and receive changes in the person's registration information under 11-37.1-9, |
16 | shall, within three (3) days after receipt of information defined in that section, immediately |
17 | forward it to a the designated state law enforcement agency. The designated state law |
18 | enforcement agency shall immediately enter the information into the appropriate state law |
19 | enforcement record system. The state law enforcement agency shall also immediately transmit the |
20 | conviction data and fingerprints to the Federal Bureau of Investigation. |
21 | (b) Whenever a person required to be registered under this chapter initially registers or |
22 | updates his or her information, the designated state law enforcement agency shall immediately |
23 | notify: |
24 | (1) Any jurisdiction where the person is registered or is required to register due to the |
25 | person's residency, public or private educational institution attendance, or employment; |
26 | (2) All jurisdictions where a person was required to register prior to the updated |
27 | information being given; |
28 | (3) All jurisdictions where a person intends to reside, work, or attend a public or private |
29 | educational institution; |
30 | (4) The Federal Bureau of Investigation or other federal agencies as designated by the |
31 | Attorney General of the United States in order that the information may be updated on the |
32 | National Sex Offender Registry or other relevant databases; |
33 | (5) If the person intends to commence residency, attend a public or private educational |
34 | institution, or commence employment outside of the United States, the United States Marshals |
| LC004514/SUB A - Page 15 of 24 |
1 | Service; |
2 | (6) Any agency, department, or program within the state that is responsible for criminal |
3 | investigation, prosecution, child welfare or sex offender supervision functions; and |
4 | (7) National Child Protection Act agencies, which includes any agency responsible for |
5 | conducting employment-related background checks under section 3 of the National Child |
6 | Protection Act of 1993, 42 U.S.C. § 5119a. |
7 | (c) The designated state law enforcement agency shall ensure there is an automated |
8 | community notification process in place that ensures the following: |
9 | (1) Upon a person's initial registration or update of information, the state's public sex |
10 | offender registry website is immediately updated; and |
11 | (2) The state's public sex offender registry has a function that enables the general public |
12 | to request an email notice that will notify them when a person commences residence, |
13 | employment, or a public or private educational institution attendance with the state, within a |
14 | specified zip code, or within a certain geographic radius. This email notice shall include the |
15 | person's identity so that the public can access the public registry for the new information. |
16 | (d) The notification requirements of subsections (a)(7) and (c) do not apply persons who |
17 | were adjudicated delinquent of an offense requiring registration or a person tiered as a level 1 sex |
18 | offender. |
19 | (e) Notwithstanding the aforementioned notification requirements, the designated state |
20 | law enforcement agency and local law enforcement agencies where the person resides, is |
21 | employed or attends a public or private educational institution, may utilize other forms of |
22 | community notification consistent with the provisions and intent of this chapter. |
23 | (f) In the event a person required to register under this chapter fails to register or fails to |
24 | verify or update his or her registration information, the local law enforcement agency shall |
25 | immediately inform the local law enforcement agency of the city or town where the person |
26 | resides, is employed or attends a public or private educational institution, the jurisdiction that |
27 | provided notification that the person was to commence residency, employment, or public or |
28 | private educational institution attendance, and the designated state law enforcement agency that |
29 | the person failed to appear for registration or failed to verify or update their registration |
30 | information. |
31 | (1) Upon notification by the designated state law enforcement agency, the local law |
32 | enforcement agency where the person resides, is employed or attends a public or private |
33 | educational institution, shall: |
34 | (i) Make an effort to determine if the person is actually residing, employed or attending a |
| LC004514/SUB A - Page 16 of 24 |
1 | public or private educational institution within their city or town; and |
2 | (ii) Seek a warrant for the person's arrest for failing to register or verify or update their |
3 | registration in compliance with this chapter. The U.S. Marshals Service or Federal Bureau of |
4 | Investigation may be contacted in an attempt to obtain a federal warrant for the person's arrest. |
5 | (iii) The designated state law enforcement agency shall update the registry to reflect that |
6 | the person is not in compliance with his or her duty to register. |
7 | (g) If the designated state law enforcement agency receives information that a person has |
8 | absconded or local law enforcement cannot determine whether the person is actually residing, |
9 | employed or attending a public or private educational institution in the city or town using the |
10 | measures outlined in subsection (f) of this section, the designated state law enforcement agency, |
11 | with the assistance of local law enforcement, shall make an effort to determine if the person has |
12 | actually absconded. |
13 | (1) If the information indicating the possible absconding came through notice from |
14 | another jurisdiction or federal authorities, they shall be informed that the person has failed to |
15 | appear and register. |
16 | (2) If an absconded person cannot be located then the designated state law enforcement |
17 | agency shall take the following steps: |
18 | (i) Update the registry to reflect the person has absconded or is otherwise not capable of |
19 | being located; |
20 | (ii) Notify the local law enforcement agency where the person resides, is employed, or |
21 | attends a public or private educational institution, so the local law enforcement agency can seek a |
22 | warrant for the person's arrest. |
23 | (iii) Notify the U.S. Marshals Service or Federal Bureau of Investigation so they may |
24 | attempt, if necessary, to obtain a federal warrant for the person's arrest; |
25 | (iv) Update the National Sex Offender Registry to reflect the sex offender's status as an |
26 | absconder, or is otherwise not capable of being located; and |
27 | (v) Enter the person into the National Crime Information Center Wanted Person file. |
28 | 11-37.1-8. Verification of address. |
29 | (a) For a person required to register under § 11-37.1-3(a)(1), or (2) (a)(2), (a)(6), (a)(7), |
30 | (a)(8), or (a)(9) on each anniversary of the person's initial registration date during the period in |
31 | which the person is required to register: |
32 | (1) The sex offender community notification unit of the parole board designated state law |
33 | enforcement agency or local law enforcement agency shall mail a non-forwardable verification |
34 | form to the last reported address of the person; |
| LC004514/SUB A - Page 17 of 24 |
1 | (2) The person shall mail the verification form to the sex offender community notification |
2 | unit designated state law enforcement agency or local law enforcement agency within ten (10) |
3 | days after receipt of the form; |
4 | (3) The verification form shall be signed by the person, and state that the person still |
5 | resides at the address last reported to the local law enforcement agency having jurisdiction over |
6 | the city or town in which the person having the duty to register resides; and |
7 | (4) If the person fails to mail the verification form to the sex offender community |
8 | notification unit of the parole board designated state law enforcement agency or local law |
9 | enforcement agency within ten (10) days after receipt of the form, the person shall be in violation |
10 | of this chapter unless the person proves that the person has not changed the residence address |
11 | from that which he or she last registered. |
12 | (b) The provisions of subdivisions (1) -- (4) of this section shall apply to a person |
13 | required to register under § 11-37.1-3(a)(3), (4), or (5), except that the registration address |
14 | verification shall take place quarterly. |
15 | 11-37.1-9. Notification of local law enforcement agencies of changes in address. |
16 | (a) Duty of local law enforcement agency; Interstate and Intrastate moves. For any person |
17 | required to register under this chapter, the local law enforcement agency having jurisdiction |
18 | where the person is residing, shall, if the person changes residence to another state jurisdiction or |
19 | within the state, notify the law enforcement agency with which the person must register in the |
20 | new state jurisdiction, if the new state has a registration requirement or the city or town within the |
21 | state, and notify the designated state jurisdiction law enforcement agency. The designated state |
22 | law enforcement agency shall provide immediate notice as provided under § 11-37.1-7. |
23 | (b) Duty of person required to register; Interstate moves. A person who has been |
24 | convicted of an offense which required registration under this chapter shall register the new |
25 | address with a designated state law enforcement agency in another state jurisdiction to which the |
26 | person moves in accordance with the new state's jurisdiction's sex offender registration statute. |
27 | Prior to the change of residence to a new state jurisdiction, the person shall notify the local law |
28 | enforcement agency within this state with which the person is registered of the intended move |
29 | and of the new address within the new state jurisdiction. The local law enforcement agency shall |
30 | notify the designated state law enforcement agency and the designated state law enforcement |
31 | agency shall provide immediate notice as provided under § 11-37.1-7. |
32 | (c) Duty of law enforcement agency; Changes of residence within the state. For any |
33 | person required to register under this chapter, the local law enforcement agency having |
34 | jurisdiction where the person is residing, shall, if the person changes residence to another city or |
| LC004514/SUB A - Page 18 of 24 |
1 | town in Rhode Island, notify the local law enforcement agency with which the person must |
2 | register in the new city or town and notify the state designated state law enforcement agency. The |
3 | designated state law enforcement agency shall provide immediate notice as provided under § 11- |
4 | 37.1-7. |
5 | (d) Duty of person required to register; Changes of residence within the state. A person |
6 | who has been convicted of an offense which requires registration under this chapter and who |
7 | changes his or her residence address to another city or town in Rhode Island, shall notify the local |
8 | law enforcement agency in the city or town from which the person is moving before the person |
9 | establishes residence in the new location, and shall register with the local law enforcement |
10 | agency in the city or town in which the person is moving not later than twenty-four (24) hours |
11 | after the person establishes residence in the new city or town. A person who has been convicted |
12 | of an offense which requires registration under this chapter and who changes his or her residence |
13 | within a city or town in Rhode Island shall notify the local law enforcement agency in the city or |
14 | town not later than twenty-four (24) hours after the person changes the residence within the city |
15 | or town. The local law enforcement agency shall notify the designated state law enforcement |
16 | agency and the designated state law enforcement agency shall provide immediate notice as |
17 | provided under § 11-37.1-7. |
18 | (e) Duty of person required to register; Changes in required registration information. A |
19 | person who has been convicted of an offense which requires registration under this chapter shall |
20 | immediately notify the local law enforcement agency having jurisdiction where the person is |
21 | residing, is employed, or attending a public or private educational institution of any changes to |
22 | their required registration information as provided in § 11-37.1-3(e). The local law enforcement |
23 | agency having jurisdiction shall also notify the designated state law enforcement agency. The |
24 | designated state law enforcement agency shall provide immediate notice as provided under § 11- |
25 | 37.1-7. |
26 | (f) In the event of a change in temporary lodging, the person who have been convicted of |
27 | an offense which requires registration under this chapter and the local law enforcement agency |
28 | shall immediately notify the jurisdiction in which the person will be temporarily staying. The |
29 | local law enforcement agency having jurisdiction shall also notify the designated state law |
30 | enforcement agency who shall provide immediate notice as provided under § 11-37.1-7. |
31 | (g) In the event the person who has been convicted of an offense which requires |
32 | registration under this chapter will be traveling outside of the United States, the person must |
33 | notify the local law enforcement agency at least twenty-one (21) days in advance of the travel |
34 | date and provide any necessary information regarding his or her international travel. The local |
| LC004514/SUB A - Page 19 of 24 |
1 | law enforcement agency having jurisdiction shall also notify the designated state law enforcement |
2 | agency. The designated state law enforcement agency shall provide immediate notice as provided |
3 | under § 11-37.1-7. Upon notification of a person's intention to travel internationally, the |
4 | designated state law enforcement agency shall immediately notify and provide the person's travel |
5 | information to the United States Marshall's Service. |
6 | 11-37.1-10. Penalties. |
7 | (a) Any person who is required to register or verify his or her address or give notice of a |
8 | change of address or residence who knowingly fails to do so shall be guilty of a felony and, upon |
9 | conviction, be imprisoned not more than ten (10) years, or fined not more than ten thousand |
10 | dollars ($10,000), or both. |
11 | (b) Any person who is required to register or verify his or her address or give notice of a |
12 | change of address or residence who knowingly fails to do so shall be in violation of the terms of |
13 | his or her release, regardless of whether or not the term was a special condition of his or her |
14 | release on probation, parole, home confinement or other form of supervised release. |
15 | (c) Except in the case of a level-three (3) sex offender, any person who is required to |
16 | register or verify his or her address, who knowingly resides within three hundred feet (300') of |
17 | any school as defined in § 11-37.1-2, public or private, which distance shall be measured from the |
18 | nearest boundary line of the real property supporting the residence of the person to the nearest |
19 | boundary line of the real property that supports or upon which there exists a school shall be guilty |
20 | of a felony and, upon conviction, may be imprisoned not more than five (5) years, or fined not |
21 | more than five thousand dollars ($5,000), or both. |
22 | (d) Any level-three (3) sex offender who knowingly resides within one thousand feet |
23 | (1,000') of any school as defined in § 11-37.1-2, public or private, which distance shall be |
24 | measured from the nearest boundary line of the real property supporting the residence of the |
25 | person to the nearest boundary line of the real property that supports or upon which there exists a |
26 | school shall be guilty of a felony and, upon conviction, may be imprisoned for not more than five |
27 | (5) years, or fined not more than five thousand dollars ($5,000), or both. |
28 | 11-37.1-11. Release of information. |
29 | (a) Except as otherwise provided by this chapter or as provided in subsections (b) or (c) |
30 | of this section, no information obtained under this chapter shall be released or transferred without |
31 | the written consent of the person or his or her authorized representative. |
32 | (b) No consent for release or transfer of information obtained under this chapter shall be |
33 | required in the following instances: |
34 | (1) Information may be disclosed to law enforcement agencies for law enforcement |
| LC004514/SUB A - Page 20 of 24 |
1 | purposes; |
2 | (2) Information may be disclosed to government agencies conducting confidential |
3 | background checks; |
4 | (3) The designated state law enforcement agency and any local law enforcement agency |
5 | authorized by the state agency may release relevant information that is necessary to protect |
6 | individuals concerning a specific person required to register under this chapter, except that the |
7 | identity of a victim of an offense that requires registration under this section shall not be released; |
8 | (4) Information may be released or disseminated in accordance with the provisions of § |
9 | 11-37.1-12; |
10 | (5) Information shall be disclosed by the local police department to the general public in |
11 | a city or town for those registered offenders determined to be either a level 2 or level 3 offender |
12 | as determined consistent with parole board guidelines; and |
13 | (6) Information shall be disclosed by the local police department to the local school |
14 | department for those registered offenders determined to be level 3 offenders by the parole board |
15 | for the purposes of notifying parents of students whose school bus stop is within one thousand |
16 | feet (1,000') of a level 3 sex offender's residence, which distance shall be measured from the |
17 | nearest boundary line of the real property supporting the residence of the level 3 sex offender to |
18 | the school bus stop. |
19 | (c) Any local law enforcement agency shall release relevant information collected |
20 | pursuant to § 11-37.1-3(c) to any campus police agency appointed pursuant to § 16-52-2 or police |
21 | for private institutions appointed pursuant to § 12-2.1-1 for any person having a duty to register |
22 | who is enrolled in, employed by, or carrying on a vocation at an institution of higher education. |
23 | That agency may release relevant information that is necessary to protect individuals concerning |
24 | a specific person required to register under this chapter, except that the identity of a victim of an |
25 | offense that requires registration under this section shall not be released. |
26 | 11-37.1-12. Rules and regulations for community notification. |
27 | (a) The parole board shall promulgate guidelines and procedures for notification required |
28 | pursuant to the provisions of this section. |
29 | (b) The regulations shall provide for three (3) levels of notification depending upon the |
30 | risk of re-offense level of the sex offender determined by the sex offender board of review as |
31 | outlined in § 11-37.1-6(b): |
32 | (1) If risk of re-offense is low, law enforcement agencies and any individuals identified in |
33 | accordance with the parole board guidelines shall be notified; |
34 | (2) If risk of re-offense is moderate, organizations in the community likely to encounter |
| LC004514/SUB A - Page 21 of 24 |
1 | the person registered shall be notified in accordance with the parole board's guidelines, in |
2 | addition to the notice required by subdivision (1) of this subsection; |
3 | (3) If risk of re-offense is high, the members of the public likely to encounter the person |
4 | registered shall be notified through means in accordance with the parole board's guidelines |
5 | designed to reach members of the public likely to encounter the person registered, in addition to |
6 | the notice required by subdivisions (1) and (2) of this subsection. |
7 | (4) The sex offender community notification unit designated state law enforcement |
8 | agency is authorized and directed to utilize the Rhode Island state police web site and the Rhode |
9 | Island Unified Court System website for the public release of identifying information of level two |
10 | and level three sex offenders who have been convicted, provided that no identifying information |
11 | of a juvenile shall be listed on the web site. |
12 | (i) The website shall have the capability of conducting searches by name, county, city, |
13 | and/or town; and zip code and/or geographic radius. |
14 | (ii) The website shall include: |
15 | (A) Links to sex offender safety and education resources; |
16 | (B) Instructions on how a person can seek correction of information that the individual |
17 | contends is erroneous; |
18 | (C) A warning that the information contained on the website should not be used to |
19 | unlawfully injure, harass, or commit a crime against any individual named in the registry or |
20 | residing or working at any reported addresses and that any such action could result in civil or |
21 | criminal penalties; and |
22 | (D) All field search capabilities needed for full participation in the Dru Sjodin National |
23 | Sex Offender Public website and shall participate in that website as provided by the attorney |
24 | general of the United States. |
25 | (iii) The following information regarding the person required to register under this |
26 | chapter shall be made available to the public on the website: |
27 | (A) Notice that the person is in violation of their registration requirements or cannot be |
28 | located if the person has absconded; |
29 | (B) All offenses that require registration under this chapter for which the person has been |
30 | convicted; |
31 | (C) The offense(s) for which the person is currently registered; |
32 | (D) The name of the person including all aliases; |
33 | (E) A current photograph of the person; |
34 | (F) A physical description of the person; and |
| LC004514/SUB A - Page 22 of 24 |
1 | (G) The person's residential addresses and, if relevant, a description of a location where |
2 | the person habitually lives or sleeps, and if the person is homeless; |
3 | (H) The following information shall not be available to the public on the sex offender |
4 | registry website: |
5 | (I) Any arrest that did not result in conviction; |
6 | (II) The person's social security number; |
7 | (III) Any travel documents; |
8 | (IV) The identity of the victim; |
9 | (V) Internet identifiers (as defined in 42 U.S.C. § 16911); and |
10 | (VI) Any information of a person who was adjudicated delinquent of an offense requiring |
11 | registration. |
12 | (iv) For persons who are under a witness protection program, the designated state law |
13 | enforcement agency may honor the request of the United States Marshals Service or other agency |
14 | responsible for witness protection by not including the original identity of the person on the |
15 | publicly accessible sex offender registry website. |
16 | (5) Notwithstanding any other provision of law, the sex offender review board shall have |
17 | access to all relevant records and information in the possession of any state official or agency |
18 | having a duty under § 11-37.1-5(a)(1) through (6) relating to juvenile and adult offenders under |
19 | review by the sex offender review board, including, but not limited to, police reports, prosecutors |
20 | statements of probable cause, pre-sentence investigations and reports, complete judgments and |
21 | sentences, current classification referrals, juvenile and adult criminal history records, violation |
22 | and disciplinary reports, all psychological evaluations and psychiatric evaluations, psychiatric |
23 | hospital records, sex offender evaluations and treatment reports, substance abuse evaluations and |
24 | treatment reports to the extent allowed by federal law. Records and information obtained by the |
25 | sex offender review board under this subsection shall remain confidential, provided that the |
26 | parole board may disclose the records and information to the board of review, the sentencing |
27 | court, and/or law enforcement agencies in accordance with the provisions of this chapter. |
28 | SECTION 2. This act shall take effect on July 1, 2019, and shall apply to all persons who |
29 | have been convicted of an offense that required or will require registration as provided by this act. |
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LC004514/SUB A | |
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| LC004514/SUB A - Page 23 of 24 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION AND | |
COMMUNITY NOTIFICATION | |
*** | |
1 | This act would implement several provisions the federal Sex Offender Registration and |
2 | Notification Act (SORNA) (Title I of Public Law 109-248). |
3 | This act would take effect on July 1, 2019, and would apply to all persons who have been |
4 | convicted of an offense that required or will require registration as provided by this act. |
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LC004514/SUB A | |
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| LC004514/SUB A - Page 24 of 24 |