Chapter
162
2003
-- S 0480 SUBSTITUTE A
Enacted
07/10/03
AN ACT
RELATING TO CRIMINAL OFFENSES
-- SEXUAL OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION
Introduced By: Senators McCaffrey, and
Goodwin
Date
Introduced: February 13, 2003
It is enacted by the General
Assembly as follows:
SECTION
1. Sections 11-37.1-2, 11-37.1-4, 11-37.1-5, 11-37.1-6, 11-37.1-8, 11-37.1-9,
11-37.1-10, 11-37.1-12,
11-37.1-13, 11-37.1-15 and 11-37.1-16 of the General Laws in Chapter
11-37.1 entitled "Sexual
Offender Registration and Community Notification" are hereby amended
to read as follows:
11-37.1-2.
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 "board of review of
sexually violent predatory
behavior" "sex offender board of review" means
the sex offender board of review of sexually
violent predatory behavior appointed by governor pursuant to section 11-37.1-6.
(c)
(1) "Conviction" or "convicted" means and includes any
instance where:
(i)
A judgment of conviction has been entered against any person for any offense
specified in subsection (e) or (k)
of this section, regardless of whether an appeal is pending; or
(ii)
There has been a finding of guilty for any offense specified in subsection (e)
or (k) of
this section, regardless of whether
an appeal is pending; or
(iii) There has been a plea of guilty or nolo contendere for any offense
specified in
subsection (e) or (k) of this
section, regardless of whether an appeal is pending; or
(iv)
There has been an admission of sufficient facts or a finding of delinquency for
any
offense specified in subsection (e)
or (k) of this section, regardless of whether or not an appeal is
pending.
(2)
Provided, in the event that a conviction, as defined in this subsection, has
been
overturned, reversed, or otherwise
vacated, the person who was the subject of the conviction shall
no longer be required to register
as required by this chapter and any records of a registration shall
be destroyed. Provided, further
that nothing in this section shall be construed to eliminate a
registration requirement of a
person who is again convicted of an offense for which registration is
required by this chapter.
(d)
"Council" or "community notification council" means the
community notification
council appointed pursuant to
section 11-37.1-12.
(e)
"Criminal offense against a victim who is a minor" means and includes
any of the
following offenses or any offense
in another jurisdiction which is substantially the equivalent of
the following or for which the
person is or would be required to register under 42 U.S.C. section
14071 or 18 U.S.C. section 4042(c):
(1)
Kidnapping or false imprisonment of a minor, in violation of section 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)
Any violation of section 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3;
(3)
Any violation of section 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;
(4)
Any violation of section 11-9-1(b) or (c); or
(5)
Murder in violation of section 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.
(f)
"Designated state law enforcement agency" means the attorney general
or his or her
designee.
(g)
"Employed, carries on a vocation" means and includes the definition
of "employed,
carries on a vocation" under
42 U.S.C. 14071.
(h)
"Institutions of higher education" means any university, two (2) or
four (4) year
college or community college.
(i)
"Mental abnormality" means a congenital or acquired condition of a
person that
affects the emotional or volitional
capacity of the person in a manner that predisposes that person
to the commission of criminal
sexual acts to a degree that makes the person a menace to the
health and safety of other persons.
(j)
"Predator" means a person whose act(s) is (are) or was (were)
directed at a stranger,
or at a person with whom a
relationship has been established or promoted for the primary purpose
of victimization.
(k)
"Sexually violent offense" means and includes any violation of
section 11-37-2, 11-
37-4, 11-37-6, 11-37-8, 11-37-8.1,
11-37-8.3, or 11-5-1 where the specified felony is sexual
assault, or section 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 which 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. section 14071 or 18
U.S.C. section 4042(c).
(l)
"Sexually violent predator" means a person who has been convicted of
a sexually
violent offense and who has a
mental abnormality or personality disorder that makes the person
likely to engage in predatory
sexually violent offenses.
(m)
"Student" means and includes the definition of "student"
under 42 U.S.C. 14071.
(n)
“Parole Board” means the parole board
or its designee.
11-37.1-4.
Duration of registration -- Frequency of registration. -- (a) Annual
registration. - Any person required
to register under section 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 subsequent to the date
of release from confinement or
placement on parole, supervised release or probation for the
offense or offenses, 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 section 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 section 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
subsequent to the date of
release from confinement or placement on parole, supervised release or
probation for the offense or
offenses and to verify his or her
address on a quarterly basis for the
life of that person.
(c)
Recidivists and aggravated crime offenders. - Any person required to register
under
section 11-37.1-3 and who has one
or more prior convictions for any offense described in section
11-37.1-2 or has been convicted of
an aggravated offense as defined in section 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
subsequent to the date of
release from confinement or placement on parole, supervised release or
probation for the offense or
offenses 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 section 11-37.1-3(b)(1)
or (2) shall annually register in person with the local law
enforcement agency having
jurisdiction over the city or town in which the person having the duty
to register is employed or attends
school for the period of time that the person is employed in
Rhode Island or is attending school
in Rhode Island.
(e)
Initial registration; Incarcerated individuals. - All persons required to
register under
this chapter who are sentenced to a
period of confinement shall perform their initial registration
by appearing in person at the local
law enforcement agency in the city or town in which the
person intends to reside within
twenty-four (24) hours of their release from confinement.
(f)
Initial registration; Non-incarcerated individuals. - All persons required to
register
under this chapter who are
convicted in Rhode Island and who are not sentenced to serve a term
of incarceration or confinement
shall perform their initial registration by appearing in person at
the local law enforcement agency in
the city or town in which the person intends to reside within
twenty-four (24) hours of being
sentenced.
(g)
Initial registration; Individuals relocating to Rhode Island - All persons
required to
register under this chapter who are
moving their residence to Rhode Island from another
jurisdiction shall perform their initial
registration by appearing in person at the local law
enforcement agency in the city or
town in which the person intends to reside within forty-eight
(48) twenty-four (24) hours of their arrival in
Rhode Island.
(h)
Initial registration; Nonresident workers and students. - All nonresident
workers or
students who are required to
register under this chapter shall perform their initial registration by
appearing in person at the local
law enforcement agency in the city or town in which the person is
employed or is attending school
within forty-eight (48) twenty-four (24) hours of their first day
of
their personal attendance at their
place of employment or school.
(i)
Tolling provision. - Where, during the period in which any person is required
to
register, a person required to
register under this chapter is incarcerated or re-incarcerated for any
offense or is civilly committed,
the person's registration requirements shall be tolled during the
subsequent incarceration,
re-incarceration or commitment.
(j)
Juveniles. - Any juvenile having the duty to register under subsections (b) and
(c) of
this section shall be required to
annually register in person with the local law enforcement agency
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
section 11-37-8.1 or 11-37-8.3, the
court shall assess the totality of the circumstances of the
offense and if the court makes a
finding that the conduct of the parties is criminal only because of
the age of the victim, the court
may have discretion to order the juvenile to register as a sex
offender as long as the court deems
it appropriate to protect the community and to rehabilitate the
juvenile offender. Registration
shall be subject to the provisions of this chapter.
11-37.1-5.
Registration requirement upon release, parole, or probation. -- (a) (1)
Duty of state officials. - If a
person who is required to register under this chapter is released from
prison, then the official in charge
of the place of confinement or his or her designee shall comply
with the provisions of subsection
(b) of this section;
(2)
If a person who is required to register under this chapter is placed on parole,
the
executive secretary of the parole
board shall comply with the provisions of subsection (b) of this
section;
(3)
If a person who is required to register under this chapter is released on
probation or
placed on home confinement, then
the assistant administrator or the division of probation shall
comply with the provisions of
subsection (b) of this section;
(4)
If a person who is required to register under this chapter is released from a
juvenile
correctional facility, either
outright or on some form of supervised release, then the person in
charge of the institution shall
comply with the provisions of subsection (b) of this section;
(5)
If a person who is required to register under this chapter is placed on
juvenile
probation, then the person in
charge of the program shall comply with the provisions of
subsection (b) of this section; or
(6)
If a person who is required to register under this chapter has moved into this
state
under the provisions of an
interstate compact providing for supervision of the terms of his or her
release by agents of this state,
then the administrator of the interstate compact shall comply with
the provisions of subsection (b) of
this section.
(b)
Notification of registration requirements. - The person designated with the
responsibility for the notification
requirements of this chapter shall, prior to the release of any
person required to register under
this chapter:
(1)
Inform the person of the duty to register and obtain the information required
for
registration;
(2)
Inform the person that if the person changes his or her residence address, the
person
shall give the new address to a
designated state law enforcement agency in writing within ten (10)
days twenty-four (24) hours;
(3)
Inform the person that if the person changes residence to another state, the
person
shall register the new address with
the law enforcement agency with whom the person last
registered, and the person is also
required to register with a designated law enforcement agency in
the new state not later than ten
(10) days after establishing residence in the new state, if the new
state has a registration
requirement; in accordance with
the new state's sex offender registration
statute;
(4)
Inform the person that if the person works or attends school in another state
in which
he or she does not reside, the
person shall register his or her employment address or address of
the educational institution he or
she attends as required by the other state;
(5)
Obtain fingerprints and a photograph of the person if these have not already
been
obtained in connection with the
offense that triggers registration; and
(6)
Require the person to read and sign a form approved by the attorney general
stating
that the duty of the person to
register under this section has been explained.
(c)
Registration information. - In addition to the requirements of subsection (b)
of this
section, for a person required to
register under section 11-37.1-3(a)(3), then the person
responsible for the notification
required under subsection (b) of this section shall obtain the name
of the person, identifying factors,
anticipated future residence, juvenile and adult offense history,
and documentation of any treatment
received for the mental abnormality or personality disorder
of the person. For purposes of this
subsection, the provisions of chapter 37.3 of title 5 pertaining
to health care privileges, the
provisions of section 9-17-24 pertaining to the privilege of
witnesses, or the provisions of
section 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 board of review and/or the
parole board 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 section 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 parole board sex offender board of
review or reviewing any conviction or sentence which
requires registration under this chapter.
Provided, information so obtained
shall not be admissible in any other judicial proceeding against
the subject of the information
except to determine a person's status as a sexually violent predator
or to determine or review the level
of notification to the community which has been made by a
court or the parole board 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.
Sexually violent predators. -- (a) Board of review. - The
governor shall
appoint five (5) persons
including experts in the field of the behavior and treatment of sexual
offenders by reason of training
and experience, victims rights advocates, and law enforcement
representatives to the board of
review of sexually violent predatory behavior. These persons shall
serve at the pleasure of the
governor or until their successor has been duly qualified and
appointed.
(b) Duties of the court. - Upon the request of the prosecutor, in writing,
seeking a
determination that a person
meets the criteria specified in subsection (e) of this section as a
sexually violent predator, the
sentencing court, after notice to the offender and/or his or her
counsel, shall refer the matter
to the sexually violent predator board of review. Upon receipt of a
report from the board and upon
consideration of the report and other materials, the court shall
make a determination as to
whether or not the person is a sexually violent predator.
(c) (1) Duties of board. - Upon referral from a sentencing court under
subsection (b) of
this section, or an agency
having custody under subsection (d) of this section, the board shall
make findings as to whether or
not a person convicted of an offense specified in section 11-37.1-
2(j) is possessed of a mental
abnormality 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.
(2) The board shall within thirty (30) days of a referral of a person obtain
any evidence
and documentation sufficient to
aid the court in its determination as to whether or not a person
convicted of an offense
specified in section 11-37.1-3(j) is a sexually violent predator and shall
forward the evidence and
documentation to the sentencing court along with a report of its
findings.
(3) No cause of action or liability shall arise or exist against the board 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 of review shall have
access to
all relevant records and
information in the possession of any state official or agency having a duty
under section 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; 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
board of review under this
subsection shall remain confidential, provided that the board of review
may disclose the records and
information to the parole board and the sentencing court in
accordance with the provisions
of this chapter.
(d) Duty of other state agencies. - Six (6) months prior to the release of any
person
convicted of a violation of any
offense specified in section 11-37.1-2(j), the agency having
custody of the person shall
refer the person, to the board of review, together with any reports and
documentation that may be
helpful to the board, for a determination as to whether or not the
person is possessed of a mental
abnormality 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.
(e) Effect of determination. - In the event that a determination is made by a
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
section 11-37.1-3, section 11-37.1-4 and section 11-37.1-8(b). This
duty shall continue for the
lifetime of that offender.
11-37.1-6.
Community notification. -- (1)(a) Sex Offender Board of Review. The
governor shall appoint six (6)
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 (1) 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 section
11-37.1-3, or upon sentencing of a person having a duty to register
under section 11-37.1-3, if the
offender is not incarcerated, the agency having supervisory
responsibility 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)
(a) 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 posses a mental
abnormality or personality
disorder that makes the person likely to engage in sexually violent
predatory offenses. In these
cases, the committee shall ask the parole board psychiatrist or if the
offender is a juvenile, a DCYF
psychiatrist to conduct a sex offender evaluation to determine if
the offender posses 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.
(b)
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.
(c)
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.
(d)
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
sections 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
sections 11-37.-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,
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 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.
11-37.1-8.
Verification of address. -- (a) For a person required to register under
section
11-37.1-3(a)(1) or (2) on each
anniversary of the person's initial registration date during the
period in which the person is
required to register:
(1)
The local law enforcement agency having jurisdiction over the city or town
in which
the person having the duty to
register resides sex offender
community notification unit of the
parole board shall mail a non-forwardable verification form to the
last reported address of the
person;
(2)
The person shall mail the verification form to the local law enforcement
agency
having jurisdiction over the
city or town in which the person having the duty to register resides
sex offender community
notification unit within ten (10)
days after receipt of the form;
(3)
The verification form shall be signed by the person, and state that the person
still
resides at the address last
reported to the local law enforcement agency having jurisdiction over
the city or town in which the
person having the duty to register resides; and
(4)
If the person fails to mail the verification form to the local law
enforcement agency
having jurisdiction over the
city or town in which the person having the duty to register resides
sex offender community
notification unit of the parole board
within ten (10) days after receipt of
the form, the person shall be in
violation of this chapter unless the person proves that the person
has not changed the residence
address from that which he or she last registered.
(b)
The provisions of subsection
subdivisions (a)
1-4 of this section shall apply to a person required to
register under section
11-37.1-3(a)(3), (4), or (5), except that the registration person
must verify
his or her address every ninety
(90) days after the date of the initial release from confinement or
commencement of parole,
supervised release or probation 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 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, notify the law enforcement
agency with which the person must
register in the new state, if the new state has a registration
requirement and notify the
designated state law enforcement agency.
(b)
Duty of person required to register; Interstate moves. - A person who has been
convicted of an offense which
required registration under this chapter shall register the new
address with a designated state law
enforcement agency in another state to which the person
moves not later than ten (10)
days after the person establishes residence in the new state, if the
new state has a registration
requirement in accordance with the
new state's sex offender
registration statute.
(c)
Duty of law enforcement agency; Changes of residence within the state. - For
any
person required to register under
this chapter, the local law enforcement agency having
jurisdiction where the person is
residing, shall, if the person changes residence to another city or
town in Rhode Island, notify the
local law enforcement agency with which the person must
register in the new city or town
and notify the state designated law enforcement agency.
(d)
Duty of person required to register; Changes of residence within the state. - A
person
who has been convicted of an
offense which requires registration under this chapter and who
changes his or her residence
address to another city or town in Rhode Island, shall notify the local
law enforcement agency in the city
or town from which the person is moving before the person
establishes residence in the new
location, and shall register with the local law enforcement
agency in the city or town in which
the person is moving not later than ten (10) days twenty-four
(24) hours after the person establishes residence in the new
city or town.
11-37.1-10.
Penalties. -- (a) Any person who is required to register or verify his
or her
address, who knowingly fails to do
so, shall be guilty of a felony and upon conviction be
imprisoned not more than two (2)
ten (10) years, or fined not more than two ten thousand
dollars
($2,000) ($10,000), or both.
(b)
Any person who is required to register or verify his or her address, 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 or home confinement or
other form of supervised release.
11-37.1-12.
Rules and regulations for community notification -- Establishment of
advisory council.
[Effective until January 7, 2003] Rules and regulations for community
notification. -- (a) A notification advisory council is established
to consult with and provide
recommendations to the attorney
general concerning the guidelines to be promulgated pursuant to
this chapter. The council shall
consist of twelve (12) persons who, by experience or training, have
a personal interest or
professional expertise in law enforcement, crime prevention, victim
advocacy, criminology,
psychology, parole, public education or community relations. The
members of the council shall be
appointed in the following manner: one person shall be appointed
by the attorney general, three
(3) shall be appointed by the governor, of whom no more than two
(2) shall be the same political
party; four (4) shall be appointed by the majority leader of the
senate of whom no more than two
(2) shall be the same political party; and four (4) shall be
appointed by the speaker of the
house of representatives of whom no more than three (3) shall be
of the same political party. Any
vacancies occurring in the membership shall be filled in the same
manner as the original
appointments.
(b)
(a) After consultation with members of the advisory council
established pursuant to
this section and within six (6)
months of the appointment of such members, the attorney general
The parole board shall promulgate guidelines and procedures for
notification required pursuant to
the provisions of this section.
(c)
(1) The guidelines shall identify factors relevant to risk of re-offense and
shall
provide for three (3) levels of
notification depending upon the degree of the risk of re-offense.
Factors relevant to risk of
re-offense shall include, but not be limited to, the following:
(i) Conditions of release that minimize risk of re-offense, including but not
limited to
whether the offender is under
supervision of probation or parole; receiving counseling, therapy or
treatment; or residing in a home
situation that provides guidance and supervision;
(ii) Physical conditions that minimize risk of re-offense, including but not
limited to
advanced age or debilitating
illness;
(iii) Criminal history factors indicative of high risk of re-offense,
including:
(A) Whether the offender's conduct is characterized by repetitive and
compulsive
behavior;
(B) Whether the offender served the maximum term;
(C) Whether the offender committed the sex offense against a child.
(iv) Other criminal history factors to be considered in determining risk,
including:
(A) The relationship between the offender and the victim;
(B) Whether the offense involved the use of a weapon, violence, or infliction
of serious
bodily injury;
(C) The number, date and nature of prior offenses.
(v) Whether or not psychological or psychiatric profiles indicate a risk of
recidivism;
(vi) The offender's response to treatment;
(vii) Recent behavior, including behavior while confined or while under
supervision in
the community as well as
behavior in the community following service of sentence; and
(viii) Recent threats against persons or expressions of intent to commit
additional crimes.
(2)
(b) The regulations shall provide for three (3) levels of notification
depending upon
the risk of re-offense by the
offender as follows: level of the sex offender determined by the sex
offender board of review as
outlined in section 11-37.1-6(b):
(i)
(1) If risk of re-offense is low, law enforcement agencies likely to
encounter the
person registered shall be
notified and any individuals
identified in accordance with the parole
board guidelines shall be
notified;
(ii)
(2) If risk of re-offense is moderate, organizations in the community including
schools, religious and youth
organizations likely to encounter the
person registered shall be
notified in accordance with the attorney
general's parole board's guidelines, in addition to the
notice required by subdivision (1)
of this subsection, provided, that the notice shall be provided
only to those schools or
organizations which are actually in charge of or in control of women or
children and which are likely to
encounter the person registered;
(iii)
(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 attorney general's 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.
(3)
In order to promote uniform application of notification guidelines required by
this
section, the parole board and
the chief law enforcement officer of the city or town in which the
convicted offender will reside
shall develop procedures for evaluation of the risk of re-offense
and implementation of community
notification.
(4) The
parole board shall assess the risk of re-offense of each offender referred to
them
for community notification and
shall designate the appropriate level of community notification
based on the offender's risk of
re-offense, in accordance with the provisions of this section and
section 11-37.1-13. The parole board sex offender community
notification unit is authorized and
directed to utilize the Rhode Island state police web site and
the Rhode Island Unified Court
System website for the public release of identifying information of
tier three sexual predators who
have sex offenders who have been convicted, incarcerated
and released and who the parole board
finds are likely to travel out
of state, provided that no
identifying information of a juvenile shall
be listed on the web site.
(5)
Notwithstanding any other provision of law, the parole 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 section
11-37.1-5(a)(1) through (6) relating to juvenile and adult
offenders under review by the parole
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 parole
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.
(d)
The attorney general and the council shall conduct a comprehensive review of
the
guidelines to determine whether
any changes or revisions should be promulgated. Upon
completion of that review and
the submission of any recommendations, the council shall expire.
11-37.1-13.
Notification procedures for tiers two (2) and three (3). -- If after
review of
the evidence pertaining to a person
required to register according to the criteria set forth in section
11-37.1-12, the parole board
is satisfied that risk of re-offense by the person required to register is
either moderate or high, the sex
offender community notification unit of the parole board shall
notify the person, in writing, by
letter or other documentation:
(1)
That community notification will be made not less than ten (10) business days
from
the date of the letter or other
document evidencing an intent to promulgate a community notice in
accordance with section
11-37.1-12(c)(2)(ii) or (iii), together with the level, form and nature that
the notification will take;
(2)
That unless an application for review of the action is filed within the time
specified
by the letter or other
documentation, which in any case shall not be less than ten (10) business
days, by the adult offender subject
to community notification, with the criminal calendar judge of
the superior court for the county
in which the adult offender who is the subject of notification
resides or intends to reside upon
release, or by the juvenile offender subject to community
notification over whom the family
court exercises jurisdiction, with the clerk of the family court
for the county in which the
juvenile offender resides or intends to reside upon release, whose
name shall be specified in the
letter or other document, requesting a review of the determination
to promulgate a community
notification, that notification will take place;
(3)
That should the person subject to community notification, file an application
for
review on or before the date
specified by the letter or other documentation, that no community
notification will take place,
unless and until affirmed by the court or, if reversed, until the time
that the attorney general or his or
her designee provides for a notification in accord with the
reasons specified for the reversal
by the court;
(4)
That the person has a right to be represented by counsel of their own choosing
or by
an attorney appointed by the court,
if the court determines that he or she cannot afford counsel;
and
(5)
That the filing of an application for review may be accomplished, in the
absence of
counsel, by delivering a letter
objecting to the notification and/or its level, form or nature,
together with a copy of the letter
or other documentation describing the proposed community
notification, addressed to the
judge described in the communication to the clerk of the superior
court in the county in which the
adult offender resides or intends to reside upon release, or in the
case of juvenile offenders over
whom the family court exercises jurisdiction, addressed to the
judge described in the
communication to the clerk of the family court in the county in which the
juvenile offender resides or
intends to reside upon release.
11-37.1-15.
Application hearing procedures. -- (a) On the date set for the hearing
on
the review of the application the
court shall:
(1)
In camera, review the materials provided in accordance with section
11-37.1-14(4);
(2)
Determine whether and to what extent the production of witnesses and cross
examination shall be required or
permitted depending on the complexities of the matter involved,
the extent of doubt concerning the
correctness of the level, nature and extent of the notification
proposed; and
(3)
Presume the need for a prompt determination.
(b)
In any application hearing proceeding the rules of evidence shall not apply and
the
court may rely on documentary
presentations, including expert opinion on all issues.
(c)
Nothing in this section should be construed to allow the applicant to relitigate
the
adjudication of guilt.
11-37.1-16.
Application review -- Burden of production and persuasion. -- (a) In
any
proceeding under this chapter, the
state shall have the burden of going forward, which burden
shall be satisfied by the presentation
of a prima facie case that justifies the proposed level of and
manner of notification.
(b)
For purposes of this section, "prima facie case" means:
(1) In the case of a proposed "tier two" notification as that term is
defined by section 11-
37.1-12(c)(2)(ii):
(i) A description of the class of sex offenders required to register, who
constitute low-
risk offenders, including a
description of that risk, which need not be statistical;
(ii) A further description of that class of sex offenders required to register
who constitute
moderate risk offenders, which
need not be statistical;
(iii) Evidence, in the form of expert opinion or otherwise, that the moderate
risk offender
class poses a higher degree of
risk of re-offense which is substantially higher than the low risk
offender class; and
(iv) Evidence that the offender before the court is a moderate risk offender
who poses a
substantial risk.
(2) In the case of a proposed "tier three" notification as that term
is defined by section
11-37.1-12(c)(2)(iii):
(i) A description of the class of sex offenders required to register, who
constitute low
risk offenders, including a
description of that risk, which need not be statistical;
(ii) A further description of that class of sex offenders required to register
who constitute
moderate risk offenders, which
need not be statistical;
(iii) Evidence in the form of expert opinion or otherwise, that the moderate
risk offender
class poses a higher degree of
risk of re-offense substantially higher than the low risk offender
class;
(b)
For purposes of this section, "prima facie case" means:
(1)
A validated risk assessment tool has been used to determine the risk of
re-offense;
(2)
Reasonable means have been used to collect the information used in the
validated
assessment tool.
(iv) A further description of that class of sex offenders required to register
who
constitute high-risk offenders,
which need not be statistical;
(v)
Evidence, in the form of expert opinion or otherwise, that the high-risk
offender class
poses a higher degree of risk of
re-offense substantially higher than the moderate-risk offender
class; and
(vi) Evidence that the offender before the court is a high-risk offender who
poses a
substantial risk.
(c)
Upon presentation of a prima facie case, the court shall affirm the
determination of
the level and nature of the
community notification, unless it is persuaded by a preponderance of
the evidence that the determination
on either the level of notification of the manner in which it is
proposed to be accomplished is not
in compliance with this chapter or the guidelines adopted
pursuant to this chapter.
Nothing in this section shall be construed to prohibit the release of
information
pertaining to a person who has been
convicted of any of the violations of any offense listed in
section 11-37.1-2, so long as the
information has been gathered or obtained through sources other
than the registration process
provided by this chapter. Provided further, that nothing in this
section shall be deemed to
authorize the release of any information pertaining to any victim of
any offense listed in section
11-37.1-2.
SECTION
2. Chapter 11-37.1 of the General Laws entitled "Sexual Offender
Registration and Community
Notification" is hereby amended by adding thereto the following
section:
11-37.1-20.
Remand to sex offender board of review. – Upon application by the
attorney general or counsel for
the sex offender, the court may remand any case pending
adjudication of sexually violent
predator status back to the sex offender board of review for
further determination of
sexually violent predator status and community notification level
pursuant to section 11-37.1-6.
SECTION 3. This act shall take effect upon
passage.
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LC01487/SUB A/3
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