US Lawyer Database

§ 40-39-301. Part Definitions

As used in this part, unless the context otherwise requires: “Serious offender” means any person who is convicted in this state, on or after July 1, 2004, of any offense that may cause “serious bodily injury” as defined in § 39-11-106. “Serious offender” includes any person who is convicted in any other jurisdiction of any […]

§ 40-39-302. Establishment of Program — Promulgation of Guidelines — Duties

The department of correction is authorized to establish a serious offender and violent sexual offender monitoring program and to promulgate guidelines governing it, consistent with this part. The department of correction shall carry out the following duties: By December 31, 2004, in consultation with all participating state and local law enforcement, the department of correction […]

§ 40-39-305. Fees — Waiver of Fees

The department of correction is authorized to assess a daily or monthly fee, as the department deems reasonable and necessary to effectuate the purposes of this program, from serious offenders and violent sexual offenders who are required by the board or the department to participate in the sexual offender monitoring program described in § 40-39-302. […]

§ 40-39-209. Removing Records From Sor

Except as otherwise provided in § 40-39-207(a)-(d), no record shall be removed from the SOR, unless ordered by a court of competent jurisdiction as part of an expunction order pursuant to § 40-32-101, so long as the offense is eligible for expunction under § 40-32-101.

§ 40-39-210. Death of Offender

Upon receipt of notice of the death of a registered offender, verified through the registering agency or TBI officials by obtaining a copy of the offender’s certificate of death, by checking the social security death index or by obtaining a copy of an accident report, the TBI shall remove all data pertaining to the deceased […]

§ 40-39-211. Residential and Work Restrictions

While mandated to comply with the requirements of this chapter, no sexual offender, as defined in § 40-39-202, or violent sexual offender as defined in § 40-39-202, shall knowingly establish a primary or secondary residence or any other living accommodation or knowingly accept employment within one thousand feet (1,000′) of the property line of any […]

§ 40-39-212. Registration Requirement

Upon the court’s acceptance of a defendant’s entry of a plea of guilty or a finding of guilt by a jury or judge after trial, and, notwithstanding the absence of a final sentencing and entry of a judgment of conviction, any defendant who is employed or practices a vocation, establishes a primary or secondary residence […]