Chapter 155

2008 -- H 7897 SUBSTITUTE A

Enacted 07/01/08

 

A N A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION

          

     Introduced By: Representatives Palumbo, Ucci, and DeSimone

     Date Introduced: February 26, 2008

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 11-37.1-2, 11-37.1-9, 11-37.1-10 and 11-37.1-12 of the General

Laws in Chapter 11-37.1 entitled "Sexual Offender Registration and Community Notification" are

hereby amended to read as follows:

 

     11-37.1-2. Definitions. -- (a) "Aggravated offense" means and includes offenses

involving sexual penetration of victims of any age through the use of force or the threat of use of

force or offenses involving sexual penetration of victims who are fourteen (14) years of age or

under.

      (b) "Board", "board of review", or "sex offender board of review" means the sex

offender board of review appointed by 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) [Deleted by P.L. 2003, ch. 162, section 1 and by P.L. 2003, ch. 170, section 1_.

      (e) "Criminal offense against a victim who is a minor" means and includes any of the

following offenses or any offense in another jurisdiction 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) Enticement of a child in violation of section 11-26-1.5 with the intent to violate

sections 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3;

      (2)(3) Any violation of section 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3;

      (3)(4) 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)(5) Any violation of section 11-9-1(b) or (c); or

     (6) Any violation of section 11-9-1.3;

     (7) Any violation of section 11-37.1-10;

     (8) Any violation of section 11-37-8.8;

     (9) Any violation of section 11-64-2 where the victim is under the age of eighteen (18)

years; or

     (5)(10) 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. section 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. section

14071.

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

 

     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 in accordance with the new state's sex offender registration statute. Prior to the change of

residence to a new state, the person shall notify the local law enforcement agency within this state

with which the person is registered of the intended move and of the new address within the new

state.

      (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 twenty-four (24) hours

after the person establishes residence in the new city or town. A person who has been convicted

of an offense which requires registration under this chapter and who changes his or her residence

within a city or town in Rhode Island shall notify the local law enforcement agency in the city or

town not later than twenty-four (24) hours after the person changes the residence within the city

or town.

 

     11-37.1-10. Penalties. -- (a) Any person who is required to register or verify his or her

address or give notice of a change of address or residence, who knowingly fails to do so, shall be

guilty of a felony and upon conviction be imprisoned not more than ten (10) years, or fined not

more than ten thousand dollars ($10,000), or both.

      (b) Any person who is required to register or verify his or her address or give notice of a

change of address or residence, who knowingly fails to do so, shall be in violation of the terms of

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

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

 

     11-37.1-12. Rules and regulations for community notification. -- (a) The parole board

shall promulgate guidelines and procedures for notification required pursuant to the provisions of

this section.

      (b) The regulations shall provide for three (3) levels of notification depending upon the

risk of re-offense level of the sex offender determined by the sex offender board of review as

outlined in section 11-37.1-6(b):

      (1) If risk of re-offense is low, law enforcement agencies and any individuals identified

in accordance with the parole board guidelines shall be notified;

      (2) If risk of re-offense is moderate, organizations in the community likely to encounter

the person registered shall be notified in accordance with the parole board's guidelines, in

addition to the notice required by subdivision (1) of this subsection;

      (3) If risk of re-offense is high, the members of the public likely to encounter the person

registered shall be notified through means in accordance with the parole board's guidelines

designed to reach members of the public likely to encounter the person registered, in addition to

the notice required by subdivisions (1) and (2) of this subsection.

      (4) The sex offender community notification unit is authorized and directed to utilize the

Rhode Island state police website and the Rhode Island Unified Court System website for the

public release of identifying information of level two and level three sex offenders who have been

convicted, provided that no identifying information of a juvenile shall be listed on the website.

     (5) Notwithstanding any other provision of law, the sex offender review board shall have

access to all relevant records and information in the possession of any state official or agency

having a duty under section 11-37.1-5(a)(1) through (6) relating to juvenile and adult offenders

under review by the sex offender review board, including, but not limited to, police reports,

prosecutors statements of probable cause, pre-sentence investigations and reports, complete

judgments and sentences, current classification referrals, juvenile and adult criminal history

records, violation and disciplinary reports, all psychological evaluations and psychiatric

evaluations, psychiatric hospital records, sex offender evaluations and treatment reports,

substance abuse evaluations and treatment reports to the extent allowed by federal law. Records

and information obtained by the sex offender review board under this subsection shall remain

confidential, provided that the parole board may disclose the records and information to the board

of review, the sentencing court, and/or law enforcement agencies in accordance with the

provisions of this chapter.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC00393/SUB A/3

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