Chapter 157
2018 -- H 7541 SUBSTITUTE A
Enacted 07/02/2018

A N   A C T
RELATING TO CRIMINAL OFFENSES -- SEXUAL OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION

Introduced By: Representatives Craven, O'Brien, Marshall, Morin, and Casey
Date Introduced: February 09, 2018

It is enacted by the General Assembly as follows:
      SECTION 1. Sections 11-37.1-2, 11-37.1-3, 11-37.1-4, 11-37.1-5, 11-37.1-6, 11-37.1-7,
11-37.1-8, 11-37.1-9, 11-37.1-10, 11-37.1-11 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)(b) "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)(c) "Board", "board of review", or "sex offender board of review" means the sex
offender board of review appointed by the governor pursuant to § 11-37.1-6.
     (c)(d) (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), or a federal offense, a foreign offense, or a military offense,
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), or
a federal offense, a foreign offense, or a military offense, 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), or a federal offense, a foreign offense, or a military offense, 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), or a federal offense, a foreign offense, or a military
offense, 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)(e) [Deleted by P.L. 2003, ch. 162, § 1 and by P.L. 2003, ch. 170, § 1].
     (e)(f) "Criminal offense against a victim who is a minor" means, and includes, any of the
following offenses or any offense in another jurisdiction that is substantially the equivalent of the
following or for which the person is or would be required to register under 42 U.S.C. § 14071 or
18 U.S.C. § 4042(c) 34 U.S.C. § 20911 as amended:
     (1) Kidnapping or false imprisonment of a minor, in violation of §§ 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 § 11-26-1.5 with the intent to violate §§ 11-37-6,
11-37-8, 11-37-8.1, 11-37-8.3;
     (3) Any violation of §§ 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3;
     (4) Any violation of § 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;
     (5) Any violation of § 11-9-1(b) or (c);
     (6) Any violation of § 11-9-1.3;
     (7) Any violation of § 11-9-1.5;
     (8) Any violation of § 11-37.1-10;
     (9) Any violation of § 11-37-8.8;
     (10) Any violation of § 11-64-2, where the victim is under the age of eighteen (18) years;
     (11) Murder in violation of § 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; or
     (12) Any violation of §§ 11-67-6, 11-67.1-3(b), 11-67.1-4(b), 11-67.1-5(c), 11-67.1-6(b),
or 11-67.1-7(b).; or
     (13) Any conviction for an attempt or conspiracy to commit an offense enumerated in this
subsection.
     (f)(g) "Designated state law enforcement agency" means the attorney general, or his or
her designee.
     (g)(h) "Employed, carries on a vocation" means and includes the definition of "employed,
carries on a vocation" under 42 U.S.C. § 14071 34 U.S.C. § 20911.
     (h)(n) "Institutions of higher education" means any university, two- or four-year (2 or 4)
college or community college.
     (i)(p) "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)(s) "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)(v) "Sexually violent offense" means, and includes, any violation of §§ 11-37-2, 11-
37-4, 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, 11-67-2 (where the victim was subject to
commercial sexual activity), 11-67-3(a), 11-67-3(b) (where the victim was subject to commercial
sexual activity), 11-67.1-3(c) (where the victim was subject to sexual servitude), 11-67.1-5(d),
11-67.1-6(c); or 11-5-1, where the specified felony is sexual assault; or § 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 that 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. § 14071 or 18 U.S.C. § 4042(c) 34 U.S.C. § 20911 as amended, or
any conviction for an attempt or conspiracy to commit an offense enumerated in this subsection.
     (l)(w) "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)(x) "Student" means, and includes, the definition of "student" under 42 U.S.C. §
14071 34 U.S.C. § 20911.
     (n)(r) "Parole board" means the parole board or its designee.
     (o)(a) "Abscond" means to not register as required, or to relocate to some unknown place
other than the registered place of residence, or to conceal himself or herself in an attempt to avoid
registration or verification of registration.
     (p)(i) "Federal offense" means, and includes, any conviction for an offense that was
obtained under federal law which, if committed within the jurisdiction of this state, would require
the person to register, any conviction for an offense under 34 U.S.C. § 20911 as amended, or any
conviction for an attempt or conspiracy to commit an offense requiring registration under this
subsection.
     (q)(j) "Foreign offense" means, and includes, any conviction for an offense which, if
committed within the jurisdiction of this state, would require the person to register that was
obtained under the laws of Canada, the United Kingdom, Australia, New Zealand, or under the
laws of any foreign country when the United States state department in its country reports on
human rights practices has concluded that an independent judiciary generally or vigorously
enforced the right to a fair trial in that country during the year in which the conviction occurred,
or any conviction for an attempt or conspiracy to commit an offense enumerated in this
subsection.
     (r)(k) "Habitually lives or sleeps" means living in a place with some regularity, and with
reference to where a person required to be registered under this chapter actually lives, which
could be some place other than a mailing address or primary address but would entail a place
where the person lives on an intermittent basis regardless of whether it pertains to a location
otherwise identifiable by street or address.
     (s)(l) "Homeless" means a person required to be registered under this chapter who lacks a
fixed, regular, and adequate nighttime residence; has a primary nighttime residence that is a
public or private place not designed for or ordinarily used as a regular sleeping accommodation
for human beings, including a car, park, abandoned building, bus or train station, airport, or
camping ground; living in a supervised publicly or privately operated shelter designated to
provide temporary living arrangements (including hotels and motels paid for by federal, state, or
local government programs for low-income individuals or by charitable organizations, congregate
shelters, and transitional housing); or who resided in a shelter or place not meant for human
habitation and who is exiting an institution where he or she temporarily resided.
     (t)(m) "Immediate" or "Immediately" means upon receipt of information provided by or
regarding a person required to register under this chapter but not later than three (3) business
days.
     (u)(o) "Jurisdiction" means any of the fifty (50) states, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern
Marian Mariana Islands, the United States Virgin Islands, and any Indian tribe that has elected to
function as a registration and notification jurisdiction pursuant to 34 U.S.C. § 20929.
     (v)(q) "Military offense" means, and includes, any conviction for any military offense
specified by the secretary of defense under § 115(a)(8)(C)(i) of Pub. L. 105-119, codified at 10
U.S.C. § 951 note, or any conviction for an attempt or conspiracy to commit an offense
enumerated in this subsection.
     (w)(t) "Public or private educational institution" means early childhood facilities (nursery
school, pre-kindergarten and kindergarten), elementary, middle, secondary, institutions of higher
education, and post-secondary postsecondary educational institutions authorized or licensed by
the State of Rhode Island.
     (x)(u) "School" means the buildings and real property of kindergarten, elementary,
middle, and secondary institutions, whether public or private.
     11-37.1-3. Registration required -- Persons covered.
     (a) Any person who, in this or any other jurisdiction: (1) has been convicted of a criminal
offense against a victim who is a minor, (2) has been convicted of a sexually violent offense, (3)
has been determined to be a sexually violent predator, (4) has committed an aggravated offense as
defined in § 11-37.1-2, or (5) is a recidivist, as defined in § 11-37.1-4, (6) has been convicted of a
federal offense, (7) has been convicted of a foreign offense, (8) has been convicted of a military
offense, or (9) has been convicted of a violation of § 11-37.1-10 shall be required to register his
or her current address 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 time period specified in § 11-
37.1-4.
     (b) Any person who is: (1) a nonresident worker who has committed an offense that is
subject to registration in the state jurisdiction of his or her residence and who is employed or
carrying on a vocation in Rhode Island as defined in § 11-37.1-2(g)(h), or (2) a nonresident
student as defined by § 11-37.1-2(m)(x) who has committed an offense that is subject to
registration in the state jurisdiction of his or her residence and who is attending an educational
institution a public or private educational institution in Rhode Island, shall be required to register
his or her current address and the address of his or her place of employment or school a public or
private educational institution attended with the local law enforcement agency having jurisdiction
over the city or town in which the nonresident worker or student is employed or attending school
a public or private educational institution.
     (c) Any person having a duty to register as a sex offender in subsection (a) of this section
who is enrolled at, employed at, or carrying on a vocation at an institution of higher education
shall have an additional duty to register the information described in subsection (a) of this section
with the local law enforcement agency in the city or town where the primary campus of the
institution of higher education at which the person is enrolled, employed, or carrying on a
vocation who is located for the period of time they are enrolled at, employed at or carrying on a
vocation at the institution of higher education.
     (d) If a person is registered as a sex offender in another state jurisdiction for an offense
which, if committed within the jurisdiction of this state, would require the person to register as a
sex offender, then that person, upon moving to or returning to this state, shall register as a sex
offender in the same manner as if the offense were committed within Rhode Island.
     (e) Registration information. In addition to the requirements of subsections (a) through
(d) of this section, the person required to register under this section shall provide the local law
enforcement agency the following information:
     (1) Relating to the person's name:
     (i) The person's full primary given or legal name;
     (ii) Any and all names the person has used in the past, valid or otherwise; and
     (iii) Any and all nicknames, aliases, and pseudonyms regardless of the context in which
they are used.
     (2) Relating to the person's date of birth:
     (i) The person's actual date of birth; and
     (ii) Any other date of birth used by the person.
     (3) Relating to the person's social security number:
     (i) A valid social security number for the person; and
     (ii) Any social security number the person has used in the past, valid or otherwise.
     (4) A current digitized photograph of the person.
     (5) An accurate description of the person as follows:
     (i) A general description of the person's physical appearance or characteristics; and
     (ii) Any identifying marks, such as, but not limited to, scars, moles, birthmarks, or
tattoos.
     (6) A photocopy of all of the person's valid driver's licenses issued by any jurisdiction.
     (7) A photocopy of all of the identification card's cards issued to the person.
     (8) A photocopy of any passports issued to the person.
     (9) Relating to the person's residence:
     (i) The address of each residence at which the person resides or will reside;
     (ii) Any location or description that identifies where the person habitually lives or sleeps
regardless of whether it pertains to a permanent residence or location otherwise identifiable by a
street or address; and
     (iii) Whether the person is homeless.
     (10) Any and all telephone numbers of the person.
     (11) Relating to the person's Internet internet-related activity:
     (i) Any and all email addresses used by the person;
     (ii) Any and all Instant Message instant message addresses and identifiers;
     (iii) Any and all other designations or monitors used for self-identification in Internet
internet communications or postings; and
     (iv) Any and all designations used by the person for the purpose of routing or self-
identification and Internet communications or postings.
     (12) Relating to all vehicles owned or operated by the person for work or personal use
including land vehicles, aircraft, and watercraft:
     (i) License plate numbers;
     (ii) Registration numbers or identifiers;
     (iii) General description of the vehicle to include color, make, model, and year; and
     (iv) Any permanent or frequent location where any covered vehicle is kept.
     (13) Relating to the person's employment, any and all places where the person is
employed in any means including volunteer and unpaid positions:
     (i) The name of the person's employer;
     (ii) The address of the person's employer; and
     (iii) Similar information related to any transient or day labor employment.
     (14) All licensing information that authorizes the person to engage in an occupation or
carry out a trade or business.
     (15) Relating to the person's public or private educational institution:
     (i) The name of each public or private educational institution at which the person is or
will be a student; and
     (ii) The address of each public or private educational institution where the person is or
will be a student.
     (16) Relating to the person's criminal history:
     (i) The date of all arrests;
     (ii) The date of all convictions;
     (iii) The person's status of parole, probation, or supervised release;
     (iv) The person's registration status; and
     (v) Any outstanding arrest warrants.
     (17) The fingerprints and palm prints of the person in a digitized format that shall be
submitted to the FBI Central Database, Next Generation Identification Program.
     (18) If the person's DNA is not already contained in the Combined DNA Index System
(CODIS), the person shall provide a sample of his or her DNA. Any DNA sample obtained from
a person shall be submitted to an appropriate lab for analysis and entry of the resulting DNA
profile into CODIS.
     (19) The text of each provision of law defining the criminal offense(s) for which the
person is registered.
     (20) When the person will be absent from his/her residence for seven (7) days or more:
     (i) Identifying information of the temporary lodging locations including addresses and
names; and
     (ii) The dates the person will be staying at each temporary lodging location.
     (21) If the person will be traveling outside of the United States, the person must notify
the local law enforcement agency at least twenty-one (21) days in advance of the travel date and
provide any necessary information regarding his or her international travel in accordance with §
11-37.1-9(g).
     (22) A signed copy of the person's notice of registration and notification obligations as
provided in § 11-37.1-5(b)(6).
     (23) The local law enforcement agency and the designated state law enforcement agency
shall maintain all information obtained under this chapter in a digitized format.
     11-37.1-4. Duration of registration -- Frequency of registration.
     (a) Annual registration. Any person required to register under § 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 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 § 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 § 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 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 §
11-37.1-3 and who has one or more prior convictions for any offense described in § 11-37.1-2 or
has been convicted of an aggravated offense as defined in § 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 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 § 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 a public or private educational institution for the period
of time that the person is employed in Rhode Island or is attending school a public or private
educational institution 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 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 a public or private educational institution within twenty-four (24)
hours of their first day of their personal attendance at their place of employment or school a
public or private educational institution.
     (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 §
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.
     (k) Annual registration for federal, foreign, or military offenses. Any person who is
required to register under this chapter due to a conviction of a federal offense, a foreign offense,
or a military offense shall register for the duration and frequency in the same manner as if the
offense were committed within Rhode Island.
     (l) Homeless persons. In addition to the other requirements of this section, a person who
is required to register under this chapter and is homeless shall verify their presence in the
community with the local law enforcement agency where they are required to register three (3)
times a week for the duration of their being homeless.
     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, including those place placed on parole, 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 under subsection § 11-37.1-5(c) of this section;
     (2) Inform the person that if the person changes his or her residence address, the person
shall give the new address to a the designated state law enforcement agency in writing within
twenty-four (24) hours;
     (3) Inform the person that if the person changes residence to another state jurisdiction, 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 jurisdiction in accordance with the new state's jurisdiction's sex offender registration
statute;
     (4) Inform the person that if the person works or attends school a public or private
educational institution in another state jurisdiction 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 jurisdiction;
     (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 § 11-37.1-3, 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. following information in a digitized format:
     (1) Relating to the person's name:
     (i) The person's full primary given or legal name;
     (ii) Any and all names the person has used in the past, valid or otherwise; and
     (iii) Any and all nicknames, aliases, and pseudonyms regardless of the context in which
they are used.
     (2) Relating to the person's date of birth:
     (i) The person's actual date of birth; and
     (ii) Any other date of birth used by the person.
     (3) Relating to the person's social security number:
     (i) A valid social security number for the person; and
     (ii) Any social security number the person has used in the past, valid or otherwise.
     (4) A current digitized photograph of the person.
     (5) An accurate description of the person as follows:
     (i) A general description of the person's physical appearance or characteristics; and
     (ii) Any identifying marks, such as, but not limited to, scars, moles, birthmarks, or
tattoos.
     (6) Relating to the person's residence:
     (i) The address of each residence at which the person resides or will reside; and
     (ii) Whether the person is homeless.
     (7) Any and all telephone numbers of the person.
     (8) A signed copy of the person's notice of registration and notification obligations as
provided in § 11-37.1-5 subsection (b)(6).
     (d) For purposes of this subsection subsection (c) of this section, the provisions of chapter
37.3 of title 5 pertaining to health care privileges, the provisions of § 9-17-24 pertaining to the
privilege of witnesses, or the provisions of § 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 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 § 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 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 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. 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 § 11-37.1-3, or upon sentencing of a person having a duty to register under
§ 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 jurisdiction 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 §§ 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 subsection (2) of this subsection
section.
     (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 §§
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 § 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.
     11-37.1-7. Transfer of information to designated state law enforcement agency and
the FBI.
     (a) The person required to provide notice in accordance with § 11-37.1-5(b) and the local
law enforcement agencies required to register persons who have a duty to register in accordance
with § 11-37.1-4 and receive changes in the person's registration information under § 11-37.1-9,
shall, within three (3) days after receipt of information defined in that section, immediately
forward it to a the designated state law enforcement agency. The designated state law
enforcement agency shall immediately enter the information into the appropriate state law
enforcement record system. The state law enforcement agency shall also immediately transmit the
conviction data and fingerprints to the Federal Bureau of Investigation.
     (b) Whenever a person required to be registered under this chapter initially registers or
updates his or her information, the designated state law enforcement agency shall immediately
notify:
     (1) Any jurisdiction where the person is registered or is required to register due to the
person's residency, public or private educational institution attendance, or employment;
     (2) All jurisdictions where a person was required to register prior to the updated
information being given;
     (3) All jurisdictions where a person intends to reside, work, or attend a public or private
educational institution;
     (4) The Federal Bureau of Investigation or other federal agencies as designated by the
Attorney General of the United States in order that the information may be updated on the
National Sex Offender Registry or other relevant databases;
     (5) If the person intends to commence residency, attend a public or private educational
institution, or commence employment outside of the United States, the United States Marshals
Service;
     (6) Any agency, department, or program within the state that is responsible for criminal
investigation, prosecution, child welfare, or sex offender supervision functions; and
     (7) National Child Protection Act agencies, which includes any agency responsible for
conducting employment-related background checks under section 3 of the National Child
Protection Act of 1993, 42 U.S.C. § 5119a.
     (c) The designated state law enforcement agency shall ensure there is an automated
community notification process in place that ensures the following:
     (1) Upon a person's initial registration or update of information, the state's public sex
offender registry website is immediately updated; and
     (2) The state's public sex offender registry has a function that enables the general public
to request an email notice that will notify them when a person commences residence,
employment, or a public or private educational institution attendance with the state, within a
specified zip code, or within a certain geographic radius. This email notice shall include the
person's identity so that the public can access the public registry for the new information.
     (d) The notification requirements of subsections (a)(b)(7) and (c) do not apply to persons
who were adjudicated delinquent of an offense requiring registration or a person tiered as a level
1 sex offender.
     (e) Notwithstanding the aforementioned notification requirements, the designated state
law enforcement agency and local law enforcement agencies where the person resides, is
employed, or attends a public or private educational institution, may utilize other forms of
community notification consistent with the provisions and intent of this chapter.
     (f) In the event a person required to register under this chapter fails to register or fails to
verify or update his or her registration information, the local law enforcement agency shall
immediately inform the local law enforcement agency of the city or town where the person
resides, is employed, or attends a public or private educational institution,; the jurisdiction that
provided notification that the person was to commence residency, employment, or public or
private educational institution attendance,; and the designated state law enforcement agency that
the person failed to appear for registration or failed to verify or update their registration
information.
     (1) Upon notification by the designated state law enforcement agency, the local law
enforcement agency where the person resides, is employed, or attends a public or private
educational institution, shall:
     (i) Make an effort to determine if the person is actually residing, employed or attending a
public or private educational institution within their city or town; and
     (ii) Seek a warrant for the person's arrest for failing to register or verify or update their
his or her registration in compliance with this chapter. The U.S. Marshals Service or Federal
Bureau of Investigation may be contacted in an attempt to obtain a federal warrant for the
person's arrest.
     (iii) The designated state law enforcement agency shall update the registry to reflect that
the person is not in compliance with his or her duty to register.
     (g) If the designated state law enforcement agency receives information that a person has
absconded or local law enforcement cannot determine whether the person is actually residing,
employed, or attending a public or private educational institution in the city or town using the
measures outlined in subsection (f) of this section, the designated state law enforcement agency,
with the assistance of local law enforcement, shall make an effort to determine if the person has
actually absconded.
     (1) If the information indicating the possible absconding came through notice from
another jurisdiction or federal authorities, they shall be informed that the person has failed to
appear and register.
     (2) If an absconded person cannot be located then the designated state law enforcement
agency shall take the following steps:
     (i) Update the registry to reflect the person has absconded or is otherwise not capable of
being located;
     (ii) Notify the local law enforcement agency where the person resides, is employed, or
attends a public or private educational institution, so the local law enforcement agency can seek a
warrant for the person's arrest.
     (iii) Notify the U.S. Marshals Service or Federal Bureau of Investigation so they may
attempt, if necessary, to obtain a federal warrant for the person's arrest;
     (iv) Update the National Sex Offender Registry to reflect the sex offender's status as an
absconder, or is otherwise not capable of being located; and
     (v) Enter the person into the National Crime Information Center Wanted Person file.
     11-37.1-8. Verification of address.
     (a) For a person required to register under § 11-37.1-3(a)(1), or (2) (a)(2), (a)(6), (a)(7),
(a)(8), or (a)(9) on each anniversary of the person's initial registration date during the period in
which the person is required to register:
     (1) The sex offender community notification unit of the parole board designated state law
enforcement agency or local law enforcement agency 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 sex offender community notification
unit designated state law enforcement agency or local law enforcement agency 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 sex offender community
notification unit of the parole board designated state law enforcement agency or local law
enforcement agency 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 subdivisions (1) -- (4) subsections (a)(1)-(a)(4) of this section shall
apply to a person required to register under § 11-37.1-3(a)(3), (4), or (5), except that the
registration 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 interstate and Intrastate 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 jurisdiction or within the state, notify the law enforcement agency with which the person
must register in the new state jurisdiction, if the new state has a registration requirement or the
city or town within the state, and notify the designated state jurisdiction law enforcement agency.
The designated state law enforcement agency shall provide immediate notice as provided under §
11-37.1-7.
     (b) Duty of person required to register; Interstate interstate moves. A person who has
been convicted of an offense which that required registration under this chapter shall register the
new address with a designated state law enforcement agency in another state jurisdiction to which
the person moves in accordance with the new state's jurisdiction's sex offender registration
statute. Prior to the change of residence to a new state jurisdiction, 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 jurisdiction. The local law enforcement agency
shall notify the designated state law enforcement agency and the designated state law
enforcement agency shall provide immediate notice as provided under § 11-37.1-7.
     (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 state law enforcement agency. The
designated state law enforcement agency shall provide immediate notice as provided under § 11-
37.1-7.
     (d) Duty of person required to register; Changes of residence within the state. A person
who has been convicted of an offense which that 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 that 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. The local law enforcement agency shall notify the designated state law
enforcement agency and the designated state law enforcement agency shall provide immediate
notice as provided under § 11-37.1-7.
     (e) Duty of person required to register; Changes changes in required registration
information. A person who has been convicted of an offense which that requires registration
under this chapter shall immediately notify the local law enforcement agency having jurisdiction
where the person is residing, is employed, or attending a public or private educational institution
of any changes to their his or her required registration information as provided in § 11-37.1-3(e).
The local law enforcement agency having jurisdiction shall also notify the designated state law
enforcement agency. The designated state law enforcement agency shall provide immediate
notice as provided under § 11-37.1-7.
     (f) In the event of a change in temporary lodging, the person who have been convicted of
an offense which that requires registration under this chapter and the local law enforcement
agency shall immediately notify the jurisdiction in which the person will be temporarily staying.
The local law enforcement agency having jurisdiction shall also notify the designated state law
enforcement agency who shall provide immediate notice as provided under § 11-37.1-7.
     (g) In the event the person who has been convicted of an offense which that requires
registration under this chapter will be traveling outside of the United States, the person must
notify the local law enforcement agency at least twenty-one (21) days in advance of the travel
date and provide any necessary information regarding his or her international travel. The local
law enforcement agency having jurisdiction shall also notify the designated state law enforcement
agency. The designated state law enforcement agency shall provide immediate notice as provided
under § 11-37.1-7. Upon notification of a person's intention to travel internationally, the
designated state law enforcement agency shall immediately notify and provide the person's travel
information to the United States Marshall's Marshals Service.
     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, home confinement or other form of supervised release.
     (c) Except in the case of a level-three (3) sex offender, any person who is required to
register or verify his or her address, who knowingly resides within three hundred feet (300') of
any school as defined in § 11-37.1-2, public or private, which distance shall be measured from the
nearest boundary line of the real property supporting the residence of the person to the nearest
boundary line of the real property that supports or upon which there exists a school shall be guilty
of a felony and, upon conviction, may be imprisoned not more than five (5) years, or fined not
more than five thousand dollars ($5,000), or both.
     (d) Any level-three (3) sex offender who knowingly resides within one thousand feet
(1,000') of any school as defined in § 11-37.1-2, public or private, which distance shall be
measured from the nearest boundary line of the real property supporting the residence of the
person to the nearest boundary line of the real property that supports or upon which there exists a
school shall be guilty of a felony and, upon conviction, may be imprisoned for not more than five
(5) years, or fined not more than five thousand dollars ($5,000), or both.
     11-37.1-11. Release of information.
     (a) Except as otherwise provided by this chapter or as provided in subsections subsection
(b) or (c) of this section, no information obtained under this chapter shall be released or
transferred without the written consent of the person or his or her authorized representative.
     (b) No consent for release or transfer of information obtained under this chapter shall be
required in the following instances:
     (1) Information may be disclosed to law enforcement agencies for law enforcement
purposes;
     (2) Information may be disclosed to government agencies conducting confidential
background checks;
     (3) The designated state law enforcement agency and any local law enforcement agency
authorized by the state agency may release relevant information that is necessary to protect
individuals concerning a specific person required to register under this chapter, except that the
identity of a victim of an offense that requires registration under this section shall not be released;
     (4) Information may be released or disseminated in accordance with the provisions of §
11-37.1-12;
     (5) Information shall be disclosed by the local police department to the general public in
a city or town for those registered offenders determined to be either a level 2 or level 3 offender
as determined consistent with parole board guidelines; and
     (6) Information shall be disclosed by the local police department to the local school
department for those registered offenders determined to be level 3 offenders by the parole board
for the purposes of notifying parents of students whose school bus stop is within one thousand
feet (1,000') of a level 3 sex offender's residence, which distance shall be measured from the
nearest boundary line of the real property supporting the residence of the level 3 sex offender to
the school bus stop.
     (c) Any local law enforcement agency shall release relevant information collected
pursuant to § 11-37.1-3(c) to any campus police agency appointed pursuant to § 16-52-2 or police
for private institutions appointed pursuant to § 12-2.1-1 for any person having a duty to register
who is enrolled in, employed by, or carrying on a vocation at an institution of higher education.
That agency may release relevant information that is necessary to protect individuals concerning
a specific person required to register under this chapter, except that the identity of a victim of an
offense that requires registration under this section shall not be released.
     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 § 11-37.1-6(1)(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 (b)(1);
     (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 subsections (b)(1) and (b)(2).
     (4) The sex offender community notification unit designated state law enforcement
agency is authorized and directed to utilize the Rhode Island state police web site website and the
Rhode Island Unified Court System 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 web site website.
     (i) The website shall have the capability of conducting searches by name, county, city,
and/or and town; and zip code and/or geographic radius.
     (ii) The website shall include:
     (A) Links to sex offender safety and education resources;
     (B) Instructions on how a person can seek correction of information that the individual
contends is erroneous;
     (C) A warning that the information contained on the website should not be used to
unlawfully injure, harass, or commit a crime against any individual named in the registry or
residing or working at any reported addresses and that any such action could result in civil or
criminal penalties; and
     (D) All field search capabilities needed for full participation in the Dru Sjodin National
Sex Offender Public website and shall participate in that website as provided by the attorney
general of the United States.
     (iii) The following information regarding the person required to register under this
chapter shall be made available to the public on the website:
     (A) Notice that the person is in violation of their his or her registration requirements or
cannot be located if the person has absconded;
     (B) All offenses that require registration under this chapter for which the person has been
convicted;
     (C) The offense(s) for which the person is currently registered;
     (D) The name of the person, including all aliases;
     (E) A current photograph of the person;
     (F) A physical description of the person; and
     (G) The person's residential addresses and, if relevant, a description of a location where
the person habitually lives or sleeps, and if the person is homeless;
     (H) The following information shall not be available to the public on the sex offender
registry website:
     (I) Any arrest that did not result in conviction;
     (II) The person's social security number;
     (III) Any travel documents;
     (IV) The identity of the victim;
     (V) Internet identifiers (as defined in 42 U.S.C. § 16911); and
     (VI) Any information of a person who was adjudicated delinquent of an offense requiring
registration.
     (iv) For persons who are under a witness protection program, the designated state law
enforcement agency may honor the request of the United States Marshals Service or other agency
responsible for witness protection by not including the original identity of the person on the
publicly accessible sex offender registry 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 § 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,; and
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 and law enforcement agencies in accordance with the
provisions of this chapter.
     SECTION 2. This act shall take effect on July 1, 2019, and shall apply to all persons who
have been convicted of an offense that required or will require registration as provided by this act.
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LC004514/SUB A
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