Registration Requirements Survey #2 Results

Transcription

1 Registration Requirements Survey #2 Results The survey questions: (this information was requested by Marixa Mathews, Probation Officer II, San Bernardino County Probation, CA) Does your state require offenders to register when they arrive in the state? Is there a certain classification of offender who must register? If yes, what is/are the classification(s) that must register? Is there any other information you would like to provide about your state and this issue? Alaska: : all sex offenders and child kidnappers must register, regardless of supervision status, the next working day following arrival in the state. Arizona (Parole): : please see additional information at end of report. Colorado: : sex offenders Delaware: Other information: Any sex offender permanent or temporary resident of Delaware must register within 7 days of their arrival to Delaware. Failure to register is a Class G felony. Delaware will evaluate the sex offense to determine a like offense in Delaware for purposes of Community tification and DNA Collection. This determination will consider the factors of the original crime and not just the title of the final disposition. Delaware has three Tier Levels for categorizing sex offenders. Sex offenders are prohibited from living and loitering within 500 feet of a school. Those on probation are subject to assessment, polygraph examination, entry into a mug shot book, special conditions, and treatment. District of Columbia: : sex offenders Florida: Other information: Offenders convicted of a felony shall register within 48 hours with the local law enforcement agency of any county which the offender enters. Those offenders determined to be Sex Offenders must also register or be registered within 48 hours after entering the county of temporary or permanent residence with the Florida Department of Law Enforcement. Florida considers temporary residence two (2) or more weeks. Hawaii: : sex offenders 1

2 Indiana: : sex offenders must register if here for 7+ days. Local laws may require others to register and most under active parole supervision are instructed as part of the parole routine to register with local authorities. Other information: There is no state law requiring registration of regular offenders. Iowa: : sex offenders Kentucky: : KY has a stranger registration for non-residents who will be visiting in KY. These individuals are required to register with 48 hours if visiting for a period exceeding 14 consecutive days for a total of 30 calendar days in a year. Any person who has been convicted in a court of another state or territory, a court of the United States, or a court martial of the US Armed Forces or a sex crime or criminal offense against a victim who is a minor or who has been committed as a sexually violent predator under the laws of another state, territory or federal laws. In addition, persons attending school (college or technical school) must register. Other information: tice of travel should be processed though the KY Interstate Compact prior to departure and the notice should include personal identification of the offender, crime for which convicted, dates of travel and destination. Registration is conducted by the Probation and Parole office closest to the offender s destination and failure to register is a class D felony. Louisiana: : sex offenders Maryland: : almost all sex offenders with the exception of 4 th degree, and those if ordered by the court. Other information: All sex offenders must register if residing in MD with the exceptions of 4th degree sex offenders unless so ordered by the court. If the crime would relate to a 1, 2 or 3rd degree sex offense if committed here then they must register. Also if the offender is required to register in the offense state, they must register here. Minnesota: : Murder under , kidnapping under , Criminal sexual conduct under ; ; ; or , indecent exposure under section , falsely imprisoning a minor a violation of section , subdivision 2: soliciting a minor to engage in prostitution in violation of section or ; soliciting a minor to engage in sexual conduct in violation of section ; using a minor in a sexual performance in violation of section ; or possessing pornographic work involving a minor in violation of section , and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances. The person was convicted of a predatory crime as defined in section , and the offender was sentenced as a patterned sex offender or the court found on its own motion or that of the prosecutor that the crime was part of a predatory pattern of behavior that had criminal sexual conduct as its goal. 2

3 Other information: An offender must register if they enter the state to reside, or to work or attend school. Primary residence means any place where the offender resides longer than 14 days or that is deemed a primary residence by a person's corrections agent, if one is assigned to the person. Work includes employment that is full time or part time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit. Montana: : sexual and violent offenders Other information: If they are in one place in the state 10 days or longer they have to register. Nebraska: : sex offender Other information: sex offenders are required to register within 5 days. Nebraska (Parole): : sex offenders New Jersey: : Convicted Sex Offenders and other convictions that meet statutorily defined criteria. Other information: registration is required within 70 days of arrival. New Mexico: New York (Parole): : sex offenders must register with SO registry. Other information: Generally, offenders traveling into NYS on travel passes are not required to register or report to local law enforcement, unless required to do so by their own state PO. Commission needs to consider establishing guidelines for all states to follow, especially with sex offenders and domestic violence/order of protection cases. Some states do not even include an offense on their travel passes, so you really do not know what type of offender has come to your state. rth Dakota: : sex offenders and offenders with crimes against children Other information: (the complete text of the information supplied is contained at the end of this report) Ohio: 3

4 : Sex offenders Other information: sex offenders who will be in Ohio 7 days or more are required to register with the local sheriff. Pennsylvania: : 1. Sexual Offenders must register with the PA State Police within ten (10) days of their arrival in Pennsylvania. Reference 42 Pa.C.S (b)(2). 2. Philadelphia: Convicted persons under supervision are required to register with the Philadelphia Police Dept. Other information: The PA Board of Probation and Parole is working with local law enforcement and the PA State Police to institute a procedure which shall require other states offenders in PA on travel permission to comply with a fingerprinting regulation. South Carolina: South Dakota:, : Convicted sex offenders -- Any person who has been convicted for commission of a sex crime, or any person who is a juvenile fifteen years of age or older adjudicated of a sex crime, shall within ten days of coming into any county to reside, temporarily domicile, attend school, attend postsecondary education classes, or work, register with the chief of police of the municipality in which the person resides, domiciles, attends school, attends classes, or works, or, if no chief of police exists, then with the sheriff of the county. Failure to register is a Class 1 misdemeanor. Tennessee:, : Sex Offenders Other information: Tennessee Code Annotated Title 40-CRIMINAL PROCEDURES;Chapter 39-SEXUAL OFFENDER REGISTRATION & MONITORING Wisconsin: : certain sex offenders Additional information from Arizona (Parole): *te, not all offenders must register when they arrive in the state -Only the offenders specified per ARS Persons required to register; procedure; identification card A. A person who has been convicted of a violation or attempted violation of any of the following offenses or who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the following offenses or an offense that was in effect before September 1, 1978 and that, if committed on or after September 1, 1978, has the same elements of an offense listed in this section shall, within ten days after the conviction or within ten days after entering and remaining in any county of this state, register with the sheriff of that county: 1. Unlawful imprisonment pursuant to section if the victim is under eighteen years of age and the unlawful imprisonment was not committed by the child's parent. 4

5 2. Kidnapping pursuant to section if the victim is under eighteen years of age and the kidnapping was not committed by the child's parent. 3. Sexual abuse pursuant to section if the victim is under eighteen years of age. 4. Sexual conduct with a minor pursuant to section Sexual assault pursuant to section Sexual assault of a spouse pursuant to section Molestation of a child pursuant to section Continuous sexual abuse of a child pursuant to section Taking a child for the purpose of prostitution pursuant to section Child prostitution pursuant to section Commercial sexual exploitation of a minor pursuant to section Sexual exploitation of a minor pursuant to section Luring a minor for sexual exploitation pursuant to section A second or subsequent violation of indecent exposure to a person under the age of fifteen years pursuant to section , subsection B. 15. A second or subsequent violation of public sexual indecency to a minor under the age of fifteen years pursuant to section , subsection B. 16. A third or subsequent violation of indecent exposure pursuant to section A third or subsequent violation of public sexual indecency pursuant to section A violation of section or B. Before the person is released from confinement the state department of corrections in conjunction with the department of public safety and each county sheriff shall complete the registration of any person who was convicted of a violation of any offense listed under subsection A of this section. Within three days after the person's release from confinement, the state department of corrections shall forward the registered person's records to the department of public safety and to the sheriff of the county in which the registered person intends to reside. Registration pursuant to this subsection shall be consistent with subsection E of this section. C. twithstanding subsection A of this section, the judge who sentences a defendant for any violation of chapter 14 or 35.1 of this title or for an offense for which there was a finding of sexual motivation pursuant to section may require the person who committed the offense to register pursuant to this section. D. The court may require a person who has been adjudicated delinquent for an act that would constitute an offense specified in subsection A or C of this section to register pursuant to this section. Any duty to register under this subsection shall terminate when the person reaches twenty-five years of age. E. A person who has been convicted of or adjudicated delinquent and who is required to register in the convicting state for an act that would constitute an offense specified in subsection A or C of this section and who is not a resident of this state shall be required to register pursuant to this section if the person is either: 5

6 1. Employed full time or part time in this state, with or without compensation, for more than fourteen consecutive days or for an aggregate period of more than thirty days in a calendar year. 2. Enrolled as a full-time or part-time student in any school in this state for more than fourteen consecutive days or for an aggregate period of more than thirty days in a calendar year. For the purposes of this paragraph, "school" means an educational institution of any description, public or private, wherever located in this state. F. Any duty to register under subsection D or E of this section for a juvenile adjudication terminates when the person reaches twenty-five years of age. G. The court may order the termination of any duty to register under this section upon successful completion of probation if the person was under eighteen years of age when the offense for which the person was convicted was committed. H. At the time of registering, the person shall sign a statement in writing giving such information as required by the director of the department of public safety, including all names by which the person is known. The sheriff shall fingerprint and photograph the person and within three days thereafter shall send copies of the statement, fingerprints and photographs to the criminal identification section within the department of public safety and the chief of police, if any, of the place where the person resides. I. Upon the person's initial registration and every year after the person's initial registration, the person shall obtain a nonoperating identification license or a driver license from the motor vehicle division in the department of transportation. twithstanding sections and , the license shall be valid for one year from the date of issuance, and the person shall submit to the department of transportation proof of the person's address. The motor vehicle division shall make a copy of the photograph available to the criminal identification section of the department of public safety or to any law enforcement agency. J. Except as provided in subsection E or K of this section, the clerk of the superior court in the county in which a person has been convicted of a violation of any offense listed under subsection A of this section or has been ordered to register pursuant to subsection C or D of this section shall notify the sheriff in that county of the conviction within ten days after entry of the judgment. K. Within ten days after entry of judgment, a court not of record shall notify the arresting law enforcement agency of an offender's conviction of a violation of section Within ten days after receiving this information, the law enforcement agency shall determine if the offender is required to register pursuant to this section. If the law enforcement agency determines that the offender is required to register, the law enforcement agency shall provide the information required by section to the department of public safety and shall make community notification as required by law. L. A person who is required to register pursuant to this section because of a conviction for the unlawful imprisonment of a minor or the kidnapping of a minor is required to register, absent additional or subsequent convictions, for a period of ten years from the date that the person is released from prison, jail, probation, community supervision or parole and the person has fulfilled all restitution obligations. twithstanding this subsection, a person who has a prior conviction for an offense for which registration is required pursuant to this section is required to register for life. M. A person who is required to register pursuant to this section and who is a student at a public or private institution of postsecondary education or who is employed, with or without compensation, at a public or private institution of postsecondary education or who carries on a vocation at a public or private institution of postsecondary education shall notify the county sheriff having jurisdiction of the institution of postsecondary education. The person required to register pursuant to this section shall also notify the sheriff of each change in enrollment or employment status at the institution. Additional information from rth Dakota: The BCI maintains the statewide sex offender and offenders against children registration system. Links have been provided to the rth Dakota Century Code. Selecting the appropriate title will lead you to that part of the Century Code. To find a particular chapter or section within the title, click on the appropriate chapter on the left-hand 6

7 side when the document opens. (links did not transfer to survey responses-please see contact information at end for details) Sex Offender Website Registerable Offenses Offenders must register in rth Dakota if they have pled guilty to or been convicted of any of the following offenses. A person must also register if that person has pled guilty or nolo contendere to, or been found guilty of an offense in a municipal court, or a court of another state or the federal government, which is equivalent to those offenses listed below. Sexual Offender Statutes 12.1 Criminal Code PDF (link not supplied) Statute Offense See Section Gross Sexual Imposition See Section Continuous Sexual Abuse See Section Sexual Imposition See Section Corruption of Minors See Section Luring Minors by Computer See Section Sexual Abuse of Wards See Section Sexual Assualt (Class C Felony and Class A Midemeanor See Section Incest See Section Indecent Exposure See Section Surreptitious Intrusion See Section Sexual Performance by Children (All Offenses) Offenders Against Children Statutes 12.1 Criminal Code PDF (link not supplied) Statute Offense See Section Homicide (All Offenses) See Section Assualt (Felony Only) See Section Aggravated Assualt See Section Terrorizing See Section Stalking (Felony Only) See Section Kidnapping See Section Felonious Restraint See Section Removal of Child From State in Violation of Custody Decree See Section Prostitution (All Offenses) 14 Domestic Relations and Persons PDF (link not supplied) Statute Offense See Section Criminal Child Abuse Subdivision a. of Subsection 1or Subsection 2 Juveniles' Requirement to Register The registration statute is found in the rth Dakota Century Code Section Both adults and juveniles have the requirement to register if they are included by the criteria contained in subsections 2 and 3 of this section of law. Related Statute 7

8 12.1 Criminal Code PDF (link not supplied) See Section Offenders against children and sexual offenders - Sexually violent predators - Registration requirement - Penalty. Required Registration Period A person required to register must comply with the registration requirement for a period of ten years after the date of sentence, after the date of order deferring or suspending sentence upon a plea or finding of guilt, or after incarceration, whichever is later; or, for the life of the individual if any one of the following three conditions is present: The individual is a repeat felony sexual offender or offender against children. The individual has pled guilty to, or been found guilty of an offense committed after August 1, 1999, which is Gross Sexual Imposition involving force or threat of serious bodily injury or kidnapping; Gross Sexual Imposition in which the offender is an adult and the victim is under age 12; or, which is Kidnapping and the adult offender is other than the victim's parent. The individual has been civilly committed as a sexually dangerous individual under chapter , under the laws of another state, or by the federal government. Related Statute 25 Mental and Physical Illness or Disability PDF (link not supplied) See Section Commitment of Sexually Dangerous Individuals Registration Procedures The offender acknowledgement/registration form is a six-part NCR form. When an offender has been ordered by the court to register, the parole/probation officer, other originating agency, or the court will have the offender sign the acknowledgement portion of the registration form and will give three copies of that form to the offender. The form contains instructions directing the offender to register in person with the law enforcement agency in the community or county where the offender will reside. The offender is required to register with the chief of police of the city, or the sheriff of the county if the person resides in an area other than a city, within ten days of arriving in that city or county. The originating agency is the agency that informs the offender of the need to register as a sex offender or offender against children. The originating agency sends notice to the Bureau of Criminal Investigation (BCI). The BCI forwards copies of the signed acknowledgement to the law enforcement agency at which the individual is expected to register. The registering agency is, in most cases, the police department in the jurisdiction in which the offender resides. The offender must register with that agency. If there is no police department in that jurisdiction, the offender must register with the sheriff's department. The offender is required to take the copies of the registration form to the local law enforcement agency where the offender is to register, sign the registration portion of the form, and be fingerprinted and photographed. The registering agency then sends a registration form, a fingerprint card, and a photograph to the BCI. The BCI maintains a master file of all persons registered in the state, and monitors that file for any violations of the registration statutes by offenders. Address or Name Changes of Registered Offender Reporting address/name changes is the responsibility of the offender. The agencies where offenders are registered are provided with change-of-address/change-of-name forms that are used to report address changes by offenders, as required by law. If an individual changes address within the jurisdiction where that individual is registered, an address change form must be completed by the offender and submitted to the registering agency. 8

9 If the individual changes address to a new city, county, or state, the individual must complete a change of address form with the agency where the individual is registered prior to the move, and must register again in the new city, county, or state. Violations of Registration Requirements An individual who is required to register who violates the requirements of the registration statute is guilty of a class A misdemeanor. A court that sentences for violation of the registration requirements will impose a sentence of at least 90 days in jail and one year probation. An individual who violates the registration requirements who previously has pled guilty or been found guilty of violating the requirement is guilty of a class C felony. Public Access to Offender Registration Information Internet access to registration information: Hard-copy lists of public information on sex offenders and offenders against children are available by contacting the BCI. The list is sorted alphabetically and can be produced for either a city, county, or the entire state. Depending on the inquirer's purpose, it is very likely that the information will be most useful by narrowing the request to the city or county area of particular interest. Public Information Information provided to the public includes the offenders name, address, last date that address was verified, offense, sentence, conviction date, court, and the date the registration requirement expires. For Further Information: rth Dakota Office of Attorney General Bureau of Criminal Investigation PO Box 1054 Bismarck, ND (701) Fax (701) bciinfo@state.nd.us 9