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Sex Offender Registry

 OVERVIEW OF THE LAW
 

The Sex Offender Registry Act: Creates a central Registry for sex offender data, Requires various agencies to contribute data to the Registry, Requires sex offenders to register at local police department, Provides that Registry data be made available to law enforcemnt agencies, Provides that Registry data be made available to the public in certain situations, Requires police to notify the public of the presence of certain sex offenders.

II. DEFINITION OF A SEX OFFENDER

Individuals, juvenile or adult, convicted/adjudicated delinquent for a sex offense or released from  custody, parole, or probation for a sex offense on or after August 1, 1981.
 

Sex Offenses: Indecent assault and battery Rape Rape of a child Assault with intent to commit rape Kidnapping of a child Open and gross/lewdness and lascivious behavior Unnatural and lascivious acts with a child under 16 Attempts to commit these offenses or the like offense of the law of another state.

III. THE SEX OFFENDER REGISTRY

The data in the Registry includes: The sex offender's name, aliases used, date and place of birth, sex race, height, weight, eye and hair color, social security number, home address, and work address, a photograph and set of fingerprints, a description of the offenses for which the sex offender was convicted, the city  where the offense occurred, the date of conviction adn the sentence imposed, any other information which may be useful in assessing the risk of the sex offender to reoffend, any other information which may be useful in identifying the sex offender.

IV. THE REGISTRATION PROCESS
 

A. Who Must Register  A sex offender must register within two days of his release from custody. A sex offender who is on probation and/or parole on October 1, 1996 must register  within two days of October 1, 1996. A sex offender not sentenced to serve a term of confinement immediately, must register within two days of sentencing. Sex offenders convicted or under supervision on or after August 1, 1981 but not under supervision on October 1, 1996 must register on or before October 1, 1996. A sex offender who moves into the commonwealth from another state must register within two days. A sex offender who intends to move to a different city, chane his address within a city or move out of the commonwealth must register five days prior to establishing the new residence A sex offender who intends to change his work address must notify the police department where he resides five days prior to establishing the new work address. On each anniversary of the initial registration date the Criminal History Systems Board will mail a verification form to the last reported address of each sex offender. The sex offender must, within five days, sign the verification form and mail it back to the Board. The sex offender must then appear at the local police department to verify that the registration data is accurate.   B. How Does a Sex Offender Register?  A sex offender registers by appearing at the police department in the city where he or she resides. The offender will be provided with a form to complete. The police department will enter information provided by the sex offender into the sex offender registry on the CJIS system. A Sex offender seeking to register must show positive identification before being given a registration form. In addition to insuring that the subject fills out the form completely, the department must take a photograph, a set of fingerprints. The data is then entered into CJIS and notify CHSB. C. Notification Requirements  Any agency which has supervision of a sex offender shall notify in writing of the duty  to register and shall require the sex offender to acknowledge in writing that he has been advised of his duty to register. Any court which enters a conviction or adjudication for a sex offense but does into impose a sentence of confinement to be served immediately shall inform the sex offender in writing of the duty to register and shall require the sex offender to  acknowledge in writing that he has been advised of his duty to register.

V. THE SEX OFFENDER REGISTRY BOARD
 

A. Composition of the Sex Offender Registry Board:   The Sex Offender Registry board consists of five members appointed by the  governor  one of whom shall be the secretary of the executive office of public safety or his designee, who chall also act as chair of the board. One of whom shall be a licensed psychologist or psychiatrist with special expertise in the assessment and evaluation of sex offenders and who has knowledge of the forensic mental health system. One of whom shall be a licensed psychologist or psychiatrist with expertise in the assessment and evaluation of sex offenders, including juvenile sex offenders, and who has knowledge of the forensic mental health system. One of whom shall be a person who has at leaset five years of training  and experience in probation , parole, or corrections. One of whom shall be a person who has expertise or experience with victims of sexual abuse. B. Responsibilities of the Sex Offender Registry Board:  promulgate guidelines for determining the level of risk of reoffense of sex offenders. apply the guidelines to assess the risk level of particular offenders. promulgate Community notification guidelines for police departments.

VI. DISSEMINATION OF SEX OFFENDER REGISTRY DATA

There are three ways the public cna obtain sex offender data:
 

by requesting a sex offender report from the Criminal History Systems Board, by appearing at the local police department, by Community Notification from local police.

A. Access to Sex Offender Registry Data from the C.H.S.B.    Any person who is eighteen years of age can receive from the CHSB a report which indicates whether an individual identified by name, date of birth, or sufficient personal identifying characteristics is a sex offender, the sex offenses for which he was convicted, and the dates of the convictions. The form to request a sex offender report is available from the CHSB or local police department. This provision of the law is effective immediatly Any person can request a sex offender report CHSB will maintain a record of all inquiries to assist any investigation and prosecution of the unlawful use of Registry data. B. Access to Sex Offender Registry Data from the C.H.S.B.  Effective October 1, 1996, a person can inquire at their local police department:   whether a specific individual is a sex offender  whether any sex offenders live or work within a one mile radius of a specific address  whether any sex offenders live or work on a specific street The requestor must appear in person, be eighteen years of age and state that he requests sex offender registry  information for his own protection or for the protection of a child under the age of eighteen or any other person for whom the inquirer has responsibility, care or custody. The requestor must complete and sign a record of inquiry which includes: the name and address othe person making the inquiry; the person or geographic area or street which is the subject of the inquiry; the reason for the inquiry and the date time of the inquiry. The CHSB will provide a "Record of Inquiry Form" to local police departments on or before October 1,  1996. A record of all inquiries must be maintained to assist any investigation and prosecution for the unlawful use of Registry data. If the search results in an identification of a sex offender, the police must disseminate the name of the offender, the home address if located in the areas described, the work address, if located in the areas described, the sex offense for which he was convicted, the dates of such conviction and the offender's age, sex, race, height, weight, eye, and hair color, and a photograph fo the offender, if available.   C. Community Notification   Once the Sex Offender Registry Board determines the risk of reoffense by a sex offender, the local police must provide three levels of notification depending on the degree of the risk of reoffense. The Sex Offender Registry Board is required by statute to provide the local police department with guidelines regarding Community Notification. There will be no Community Notification by the police department until the Sex Offender Registry Board assesses the risk of reoffense of a specific offender and provides the Community Notification guidelines. If the risk of reoffense is low a level one designation shall be give to the sex offender, the public can access information by either requesting a sex offender report from the CHSB or by requesting registry data at a local police department. If the risk of reoffense is moderate a level two designation shall be give to the sex offender, the police department shall notify organizations in the community likely to encouter the offender. If the risk of reoffense is high a level three designation shall be given to the sex offender, the police department shall notify orgainizations in the community likely to encounter the sex offender and individual members of the public which are likely to encounter the offender.