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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