Chapter 191

2008 -- S 2166 AS AMENDED

Enacted 07/02/08

A N A C T

RELATING TO CRIMINAL OFFENSES - SEXUAL OFFENDER REGISTRATION

Introduced By: Senators Connors, Doyle, and Issa

Date Introduced: January 31, 2008

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-37.1-6 and 11-37.1-9 of the General Laws in Chapter 11-37.1

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

as follows:

11-37.1-6. Community notification. -- (1) (a) Sex Offender Board of Review. - The

governor shall appoint eight (8) persons including experts in the field of the behavior and

treatment of sexual offenders by reason of training and experience, victim's rights advocates, and

law enforcement representatives to the sex offender board of review. At least one member of the

sex offender board of review shall be a qualified child/adolescent sex offender treatment

specialist. These persons shall serve at the pleasure of the governor or until their successor has

been duly qualified and appointed.

      (b) Duties of the Board. - Upon passage of this legislation, the sex offender board of

review will utilize a validated risk assessment instrument and other material approved by the

parole board to determine the level of risk an offender poses to the community and to assist the

sentencing court in determining if that person is a sexually violent predator. If the offender is a

juvenile, the Department of Children, Youth & Families shall select and administer a risk

instrument appropriate for juveniles and shall submit the results to the sex offender board of

review.

      (c) Duties of other state agencies. - Six (6) months prior to release of any person having

a duty to register under 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 and the Interstate Compact Unit of the Rhode Island department of corrections

upon acceptance of supervision of a sexual offender from the sending state shall refer the person

to the sex offender board of review, together with any reports and documentation that may be

helpful to the board, for a determination as to the level of risk an offender poses to the community

and to assist the sentencing court in determining if that person is a sexually violent predator.

      (2) (i) The board shall within thirty (30) days of a referral of a person shall conduct the

validated risk assessment, review other material provided by the agency having supervisory

responsibility and assign a risk of re-offense level to the offender. In addition, the board may find

that, based on the assessment score and other material, that the person may possess a mental

abnormality or personality disorder that makes the person likely to engage in sexually violent

predatory offenses. In these cases, the committee shall ask the parole board psychiatrist or if the

offender is a juvenile, a DCYF psychiatrist to conduct a sex offender evaluation to determine if

the offender possesses a mental abnormality or personality disorder that affects the emotional or

volitional capacity of the person in a manner that predisposes that person to the commission of

criminal sexual acts to a degree that makes the person a menace to the health and safety of other

persons.

      (ii) Upon receipt of a sex offender evaluation that suggests there is sufficient evidence

and documentation to suggest that a person may be a sexually violent predator, the sex offender

board of review shall forward a report to the attorney general for consideration by the court.

      (iii) Upon receipt of a report from the attorney general, the court, after notice to the

offender and his or her counsel, shall upon consideration of the report and other materials, make a

determination as to whether or not a person is a sexually violent predator.

      (iv) Effect of determination. - In the event that a determination is made by the court that

a person is a sexually violent predator, that person shall be required to register and verify his or

her address in accordance with 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 11-37.1-5(a)(1) through (6), relating to the juvenile and adult offenders under

review by the board, including, but not limited to, police reports; prosecutor's statements of

probable cause, presentence investigations and reports, complete judgments and sentences,

current classification referrals, juvenile and adult criminal history records, violation and

disciplinary reports, all psychological evaluations and psychiatric evaluations, psychiatric

hospital records, sex offender evaluations and treatment reports, substance abuse evaluations and

treatment reports to the extent allowed by federal law. Records and information obtained by the

board of review under this subsection shall remain confidential, provided that the board of review

may disclose the records and information to the sentencing court in accordance with the

provisions of this chapter.

(5) Duties of the director of the department of corrections/director of the department of

children, youth and families. Not less than sixty (60) days prior to release of any person subject to

this chapter, the director of the department of corrections or, in the event the person is a juvenile,

the director of the department of children, youth and families, or their respective designees, shall

seek verification that the duties of the sex offender board of review and any other state agency

have been fulfilled as specified in section 11-37.1-6 et seq. In the event that the director of the

department of corrections or, in the event the person is a juvenile, the director of the department

of children, youth and families, cannot obtain verification, he or she shall, no less than thirty (30)

days prior to the release of a person subject to this chapter, file with the presiding judge of the

superior court or, in the case of a juvenile, the chief judge of the family court, a petition in the

nature of mandamus, seeking compliance with this chapter. The court shall promptly, but no less

than ten (10) days from the filing of the petition, hold a hearing on the petition. The court may, in

its discretion, enter any orders consistent with this chapter to compel compliance, however, the

court may not delay the release of any person subject to this chapter for the failure of the sex

offender board of review or any state agency to fulfill its obligations under this chapter.

11-37.1-9. Notification of local law enforcement agencies of changes in address. --

(a) Duty of local law enforcement agency; Interstate and Intrastate moves. For any person

required to register under this chapter, the local law enforcement agency having jurisdiction

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

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.

      (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.

     SECTION 2. This act shall take effect upon passage.

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LC00777

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