Chapter 162

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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