2018 -- S 2586 SUBSTITUTE A

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LC004498/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: Senators Gallo, Conley, Lynch Prata, Goodwin, and Jabour

     Date Introduced: March 01, 2018

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

      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,

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-

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

read as follows:

     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 the 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), or a federal offense, a foreign offense, or a military offense,

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), or

a federal offense, a foreign offense, or a military offense, 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), or a federal offense, a foreign offense, or a military offense, 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), or a federal offense, a foreign offense, or a military

offense, 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) 34 U.S.C. § 20911 as amended:

     (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);

     (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;

     (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

under eighteen (18) years of age; or

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     (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),

or 11-67.1-7(b).

     (13) Any conviction for an attempt or conspiracy to commit an offense enumerated in this

subsection.

     (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 34 U.S.C. § 20911.

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

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, 11-67-2 (where the victim was subject to commercial

sexual activity), 11-67-3(a), 11-67-3(b) (where the victim was subject to commercial sexual

activity), 11-67.1-3(c) (where the victim was subject to sexual servitude), 11-67.1-5(d), 11-67.1-

6(c); 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) 34 U.S.C. § 20911 as amended, or

any conviction for an attempt or conspiracy to commit an offense enumerated in this subsection.

     (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

34 U.S.C. § 20911.

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

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

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

registration or verification of registration.

     (p) "Federal offense" means, and includes, any conviction for an offense that was

obtained under federal law which, if committed within the jurisdiction of this state, would require

the person to register, any conviction for an offense under 34 U.S.C. § 20911 as amended, or any

conviction for an attempt or conspiracy to commit an offense requiring registration under this

subsection.

     (q) "Foreign offense" means, and includes, any conviction for an offense which, if

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

or any conviction for an attempt or conspiracy to commit an offense enumerated in this

subsection.

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

reference to where a person required to be registered under this chapter actually lives, which

could be some place other than a mailing address or primary address but would entail a place

where the person lives on an intermittent basis regardless of whether it pertains to a location

otherwise identifiable by street or address.

     (s) "Homeless" means a person required to be registered under this chapter who lacks a

fixed, regular, and adequate nighttime residence; has a primary nighttime residence that is a

public or private place not designed for or ordinarily used as a regular sleeping accommodation

for human beings, including a car, park, abandoned building, bus or train station, airport, or

camping ground; living in a supervised publicly or privately operated shelter designated to

provide temporary living arrangements (including hotels and motels paid for by federal, state, or

local government programs for low-income individuals or by charitable organizations, congregate

shelters, and transitional housing); or who resided in a shelter or place not meant for human

habitation and who is exiting an institution where he or she temporarily resided.

     (t) "Immediate or Immediately" means upon receipt of information provided by or

regarding a person required to register under this chapter but not later than three (3) business

days.

     (u) "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

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Marian Islands, the United States Virgin Islands, and any Indian tribe that has elected to function

as a registration and notification jurisdiction pursuant to 34 U.S.C. § 20929.

     (v) "Military offense" means, and includes, any conviction for any military offense

specified by the secretary of defense under § 115(a)(8)(C)(i) of Pub. L. 105-119, codified at 10

U.S.C. § 951 note, or any conviction for an attempt or conspiracy to commit an offense

enumerated in this subsection.

     (w) "Public or private educational institution" means early childhood facilities (nursery

school, pre-kindergarten and kindergarten), elementary, middle, secondary, institutions of higher

education, and post-secondary educational institutions authorized or licensed by the State of

Rhode Island.

     (x) "School" means the buildings and real property of kindergarten, elementary, middle,

and secondary institutions, whether public or private.

     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, (6) has been convicted of a

federal offense, (7) has been convicted of a foreign offense, (8) has been convicted of a military

offense, or (9) has been convicted of a violation of § 11-37.1-10 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

subject to registration in the state jurisdiction 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 jurisdiction of his or her residence and who is attending an educational institution public or

private 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 a public or private

educational institution 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 a

public or private educational institution.

     (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

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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 jurisdiction 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.

     (e) Registration information. In addition to the requirements of subsections (a) through

(d) of this section, the person required to register under this section shall provide the local law

enforcement agency the following information:

     (1) Relating to the person's name:

     (i) The person's full primary given or legal name;

     (ii) Any and all names the person has used in the past, valid or otherwise; and

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

they are used.

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

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

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

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

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

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

     (4) A current digitized photograph of the person.

     (5) An accurate description of the person as follows:

     (i) A general description of the person's physical appearance or characteristics; and

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

tattoos.

     (6) A photocopy of all of the person's valid driver's licenses issued by any jurisdiction.

     (7) A photocopy of all of the identification card's issued to the person.

     (8) A photocopy of any passports issued to the person.

     (9) Relating to the person's residence:

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

     (ii) Any location or description that identifies where the person habitually lives or sleeps

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

street or address; and

     (iii) Whether the person is homeless.

     (10) Any and all telephone numbers of the person.

     (11) Relating to the person's Internet related activity:

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

     (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 person for the purpose of routing or self-

identification and Internet communications or postings.

     (12) Relating to all vehicles owned or operated by the person 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.

     (13) Relating to the person's employment, any and all places where the person is

employed in any means including volunteer and unpaid positions:

     (i) The name of the person's employer;

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

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

     (14) All licensing information that authorizes the person to engage in an occupation or

carry out a trade or business.

     (15) Relating to the person's public or private educational institution:

     (i) The name of each public or private educational institution at which the person is or

will be a student; and

     (ii) The address of each public or private educational institution where the person is or

will be a student.

     (16) Relating to the person's criminal history:

     (i) The date of all arrests;

     (ii) The date of all convictions;

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

     (iv) The person's registration status; and

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     (v) Any outstanding arrest warrants.

     (17) The fingerprints and palm prints of the person in a digitized format that shall be

submitted to the FBI Central Database, Next Generation Identification Program.

     (18) If the person's DNA is not already contained in the Combined DNA Index System

(CODIS), the person shall provide a sample of his or her DNA. Any DNA sample obtained from

a person shall be submitted to an appropriate lab for analysis and entry of the resulting DNA

profile into CODIS.

     (19) The text of each provision of law defining the criminal offense(s) for which the

person is registered.

     (20) When the person will be absent from his/her residence for seven (7) days or more:

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

names; and

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

     (21) If the person will be traveling outside of the United States, the person must notify

the local law enforcement agency at least twenty-one (21) days in advance of the travel date and

provide any necessary information regarding his or her international travel in accordance with §

11-37.1-9(g).

     (22) A signed copy of the person's notice of registration and notification obligations as

provided in § 11-37.1-5(b)(6).

     (23) The local law enforcement agency and the designated state law enforcement agency

shall maintain all information obtained under this chapter in a digitized format.

     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

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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

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 a public or private educational institution for the period

of time that the person is employed in Rhode Island or is attending school a public or private

educational institution 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 a public or private educational institution within twenty-four (24)

hours of their first day of their personal attendance at their place of employment or school a

public or private educational institution.

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

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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

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.

     (k) Annual registration for federal, foreign, or military offenses. Any person who is

required to register under this chapter due to a conviction of a federal offense, a foreign offense,

or a military offense shall register for the duration and frequency in the same manner as if the

offense were committed within Rhode Island.

     (l) Homeless persons. In addition to the other requirements of this section, a person who

is required to register under this chapter and is homeless shall verify their presence in the

community with the local law enforcement agency where they are required to register three (3)

times a week for the duration of their being homeless.

     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, including those place on parole, 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

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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 under § 11-37.1-5(c);

     (2) Inform the person that if the person changes his or her residence address, the person

shall give the new address to a the 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 jurisdiction, 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 jurisdiction in accordance with the new state's jurisdiction's sex offender registration

statute;

     (4) Inform the person that if the person works or attends school a public or private

educational institution in another state jurisdiction 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 jurisdiction;

     (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

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documentation of any treatment received for the mental abnormality or personality disorder of the

person. following information in a digitized format:

     (1) Relating to the person's name:

     (i) The person's full primary given or legal name;

     (ii) Any and all names the person has used in the past, valid or otherwise; and

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

they are used.

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

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

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

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

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

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

     (4) A current digitized photograph of the person.

     (5) An accurate description of the person as follows:

     (i) A general description of the person's physical appearance or characteristics; and

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

tattoos.

     (6) Relating to the person's residence:

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

     (ii) Whether the person is homeless.

     (7) Any and all telephone numbers of the person.

     (8) A signed copy of the person's notice of registration and notification obligations as

provided in § 11-37.1-5(b)(6).

     (d) For purposes of this subsection subsection (c) of this section, 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

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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 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 jurisdiction 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

LC004498/SUB A - Page 13 of 23

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

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

LC004498/SUB A - Page 14 of 23

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

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.

     (a) 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 and receive changes in the person's registration information under 11-37.1-9,

shall, within three (3) days after receipt of information defined in that section, immediately

forward it to a the designated state law enforcement agency. The designated 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.

     (b) Whenever a person required to be registered under this chapter initially registers or

updates his or her information, the designated state law enforcement agency shall immediately

notify:

     (1) Any jurisdiction where the person is registered or is required to register due to the

person's residency, public or private educational institution attendance, or employment;

     (2) All jurisdictions where a person was required to register prior to the updated

information being given;

     (3) All jurisdictions where a person intends to reside, work, or attend a public or private

educational institution;

     (4) The Federal Bureau of Investigation or other federal agencies as designated by the

Attorney General of the United States in order that the information may be updated on the

National Sex Offender Registry or other relevant databases;

     (5) If the person intends to commence residency, attend a public or private educational

institution, or commence employment outside of the United States, the United States Marshals

LC004498/SUB A - Page 15 of 23

Service;

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

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

     (7) 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. § 5119a.

     (c) The designated state law enforcement agency shall ensure there is an automated

community notification process in place that ensures the following:

     (1) Upon a person's initial registration or update of information, 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 person commences residence,

employment, or a public or private educational institution attendance with the state, within a

specified zip code, or within a certain geographic radius. This email notice shall include the

person's identity so that the public can access the public registry for the new information.

     (d) The notification requirements of subsections (a)(7) and (c) do not apply persons who

were adjudicated delinquent of an offense requiring registration or a person tiered as a level 1 sex

offender.

     (e) Notwithstanding the aforementioned notification requirements, the designated state

law enforcement agency and local law enforcement agencies where the person resides, is

employed or attends a public or private educational institution, may utilize other forms of

community notification consistent with the provisions and intent of this chapter.

     (f) In the event a person required to register under this chapter fails to register or fails to

verify or update his or her registration information, the local law enforcement agency shall

immediately inform the local law enforcement agency of the city or town where the person

resides, is employed or attends a public or private educational institution, the jurisdiction that

provided notification that the person was to commence residency, employment, or public or

private educational institution attendance, and the designated state law enforcement agency that

the person failed to appear for registration or failed to verify or update their registration

information.

     (1) Upon notification by the designated state law enforcement agency, the local law

enforcement agency where the person resides, is employed or attends a public or private

educational institution, shall:

     (i) Make an effort to determine if the person is actually residing, employed or attending a

LC004498/SUB A - Page 16 of 23

public or private educational institution within their city or town; and

     (ii) Seek a warrant for the person's arrest for failing to register or verify or update their

registration in compliance with this chapter. The U.S. Marshals Service or Federal Bureau of

Investigation may be contacted in an attempt to obtain a federal warrant for the person's arrest.

     (iii) The designated state law enforcement agency shall update the registry to reflect that

the person is not in compliance with his or her duty to register.

     (g) If the designated state law enforcement agency receives information that a person has

absconded or local law enforcement cannot determine whether the person is actually residing,

employed or attending a public or private educational institution in the city or town using the

measures outlined in subsection (f) of this section, the designated state law enforcement agency,

with the assistance of local law enforcement, shall make an effort to determine if the person has

actually absconded.

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

another jurisdiction or federal authorities, they shall be informed that the person has failed to

appear and register.

     (2) If an absconded person cannot be located then the designated state law enforcement

agency shall take the following steps:

     (i) Update the registry to reflect the person has absconded or is otherwise not capable of

being located;

     (ii) Notify the local law enforcement agency where the person resides, is employed, or

attends a public or private educational institution, so the local law enforcement agency can seek a

warrant for the person's arrest.

     (iii) Notify the U.S. Marshals Service or Federal Bureau of Investigation so they may

attempt, if necessary, to obtain a federal warrant for the person's arrest;

     (iv) Update the National Sex Offender Registry to reflect the sex offender's status as an

absconder, or is otherwise not capable of being located; and

     (v) Enter the person into the National Crime Information Center Wanted Person file.

     11-37.1-8. Verification of address.

     (a) For a person required to register under § 11-37.1-3(a)(1), or (2) (a)(2), (a)(6), (a)(7),

(a)(8), or (a)(9) 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 designated state law

enforcement agency or local law enforcement agency shall mail a non-forwardable verification

form to the last reported address of the person;

LC004498/SUB A - Page 17 of 23

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

unit designated state law enforcement agency or local law enforcement agency 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 designated state law enforcement agency or local law

enforcement agency 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 jurisdiction

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

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

new state jurisdiction, if the new state has a registration requirement or the city or town within the

state, and notify the designated state jurisdiction law enforcement agency. The designated state

law enforcement agency shall provide immediate notice as provided under § 11-37.1-7.

     (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 jurisdiction to which the

person moves in accordance with the new state's jurisdiction's sex offender registration statute.

Prior to the change of residence to a new state jurisdiction, 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 jurisdiction. The local law enforcement agency shall

notify the designated state law enforcement agency and the designated state law enforcement

agency shall provide immediate notice as provided under § 11-37.1-7.

     (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

LC004498/SUB A - Page 18 of 23

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 state law enforcement agency. The

designated state law enforcement agency shall provide immediate notice as provided under § 11-

37.1-7.

     (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. The local law enforcement agency shall notify the designated state law enforcement

agency and the designated state law enforcement agency shall provide immediate notice as

provided under § 11-37.1-7.

     (e) Duty of person required to register; Changes in required registration information. A

person who has been convicted of an offense which requires registration under this chapter shall

immediately notify the local law enforcement agency having jurisdiction where the person is

residing, is employed, or attending a public or private educational institution of any changes to

their required registration information as provided in § 11-37.1-3(e). The local law enforcement

agency having jurisdiction shall also notify the designated state law enforcement agency. The

designated state law enforcement agency shall provide immediate notice as provided under § 11-

37.1-7.

     (f) In the event of a change in temporary lodging, the person who have been convicted of

an offense which requires registration under this chapter and the local law enforcement agency

shall immediately notify the jurisdiction in which the person will be temporarily staying. The

local law enforcement agency having jurisdiction shall also notify the designated state law

enforcement agency who shall provide immediate notice as provided under § 11-37.1-7.

     (g) In the event the person who has been convicted of an offense which requires

registration under this chapter will be traveling outside of the United States, the person must

notify the local law enforcement agency at least twenty-one (21) days in advance of the travel

date and provide any necessary information regarding his or her international travel. The local

LC004498/SUB A - Page 19 of 23

law enforcement agency having jurisdiction shall also notify the designated state law enforcement

agency. The designated state law enforcement agency shall provide immediate notice as provided

under § 11-37.1-7. Upon notification of a person's intention to travel internationally, the

designated state law enforcement agency shall immediately notify and provide the person's travel

information to the United States Marshall's Service.

     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

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

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

     (c) Except in the case of a level-three (3) sex offender, any person who is required to

register or verify his or her address, who knowingly resides within three hundred feet (300') of

any school as defined in § 11-37.1-2, public or private, which distance shall be measured from the

nearest boundary line of the real property supporting the residence of the person to the nearest

boundary line of the real property that supports or upon which there exists a school 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.

     (d) Any level-three (3) sex offender who knowingly resides within one thousand feet

(1,000') of any school as defined in § 11-37.1-2, public or private, which distance shall be

measured from the nearest boundary line of the real property supporting the residence of the

person to the nearest boundary line of the real property that supports or upon which there exists a

school shall be guilty of a felony and, upon conviction, may be imprisoned for 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

LC004498/SUB A - Page 20 of 23

purposes;

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

background checks;

     (3) The designated state 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;

     (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 § 16-52-2 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

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

LC004498/SUB A - Page 21 of 23

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 designated state law enforcement

agency 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.

     (i) The website shall have the capability of conducting searches by name, county, city,

and/or town; and zip code and/or geographic radius.

     (ii) The website shall include:

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

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

contends is erroneous;

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

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

     (D) 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.

     (iii) The following information regarding the person required to register under this

chapter shall be made available to the public on the website:

     (A) Notice that the person is in violation of their registration requirements or cannot be

located if the person has absconded;

     (B) All offenses that require registration under this chapter for which the person has been

convicted;

     (C) The offense(s) for which the person is currently registered;

     (D) The name of the person including all aliases;

     (E) A current photograph of the person;

     (F) A physical description of the person; and

LC004498/SUB A - Page 22 of 23

     (G) The person's residential addresses and, if relevant, a description of a location where

the person habitually lives or sleeps, and if the person is homeless;

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

registry website:

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

     (II) The person's social security number;

     (III) Any travel documents;

     (IV) The identity of the victim;

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

     (VI) Any information of a person who was adjudicated delinquent of an offense requiring

registration.

     (iv) For persons who are under a witness protection program, the designated state law

enforcement agency 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 person on the

publicly accessible sex offender registry website.

     (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.

     SECTION 2. This act shall take effect on July 1, 2019, and shall apply to all persons who

have been convicted of an offense that required or will require registration as provided by this act.

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LC004498/SUB A

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LC004498/SUB A - Page 23 of 23

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION AND

COMMUNITY NOTIFICATION

***

     This act would implement several provisions the federal Sex Offender Registration and

Notification Act (SORNA) (Title I of Public Law 109-248).

     This act would take effect on July 1, 2019, and would apply to all persons who have been

convicted of an offense that required or will require registration as provided by this act.

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LC004498/SUB A

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