TITLE 11
Criminal Offenses

CHAPTER 11-37.1
Sexual Offender Registration and Community Notification

SECTION 11-37.1-5


§ 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 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) [Deleted by P.L. 2018, ch. 157, § 1 and P.L. 2018, ch. 259, § 1.]

(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 (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 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 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 jurisdiction in accordance with the new jurisdiction's sex offender registration statute;

(4) Inform the person that if the person works or attends a public or private educational institution in another 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 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 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 subsection (b)(6).

(d) For purposes of subsection (c) of this section, the provisions of chapter 37.3 of title 5 pertaining to healthcare 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.

History of Section.
(P.L. 1996, ch. 104, § 1; P.L. 1997, ch. 326, § 35; P.L. 1999, ch. 255, § 1; P.L. 2003, ch. 162, § 1; P.L. 2003, ch. 170, § 1; P.L. 2018, ch. 157, § 1; P.L. 2018, ch. 259, § 1.)