Section 11-37.1-1. – Short title.
§ 11-37.1-1. Short title. This chapter shall be known and be cited as the “Sexual Offender Registration and Community Notification Act”. History of Section.P.L. 1996, ch. 104, § 1.
Section 11-37.1-10. – Penalties.
§ 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 […]
Section 11-37.1-11. – Release of information.
§ 11-37.1-11. Release of information. (a) Except as otherwise provided by this chapter or as provided in 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 […]
Section 11-37.1-12. – Rules and regulations for community notification.
§ 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 […]
Section 11-37.1-13. – Notification procedures for tiers two (2) and three (3).
§ 11-37.1-13. Notification procedures for tiers two (2) and three (3). If after review of the evidence pertaining to a person required to register according to the criteria set forth in § 11-37.1-12, the board is satisfied that risk of re-offense by the person required to register is either moderate or high, the sex offender […]
Section 11-37.1-14. – Preliminary proceedings on objection to community notification — Procedures.
§ 11-37.1-14. Preliminary proceedings on objection to community notification — Procedures. Upon receipt of a request from a person subject to community notification under § 11-37.1-12(b), the superior court, or the family court of the county in which the person resides or intends to reside upon release, shall: (1) Set a date for hearing and […]
Section 11-37.1-15. – Application hearing procedures.
§ 11-37.1-15. Application hearing procedures. (a) On the date set for the hearing on the review of the application the court shall: (1) In camera, review the materials provided in accordance with § 11-37.1-14(4); (2) Determine whether and to what extent the production of witnesses and cross examination shall be required or permitted depending on […]
Section 11-37.1-16. – Application review — Burden of production and persuasion.
§ 11-37.1-16. Application review — Burden of production and persuasion. (a) In any proceeding under this chapter, the state shall have the burden of going forward, which burden shall be satisfied by the presentation of a prima facie case that justifies the proposed level of and manner of notification. (b) For purposes of this section, […]
Section 11-37.1-17. – Immunity for good faith conduct.
§ 11-37.1-17. Immunity for good faith conduct. Any person who performs any act or fails to perform any act pursuant to this chapter shall have good faith immunity from any liability, civil or criminal, that might be incurred as a result of the performance of or the failure to perform any act pursuant to this […]
Section 11-37.1-18. – Continuation of prior duty to register.
§ 11-37.1-18. Continuation of prior duty to register. Any person who pursuant to the provisions of former § 11-37-16 had a duty to register under that section after having been convicted of any violation of the provisions of chapter 37 of this title, or for a conviction in another state of first degree sexual assault […]
Section 11-37.1-19. – Severability.
§ 11-37.1-19. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this chapter which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions […]
Section 11-37.1-2. – Definitions.
§ 11-37.1-2. Definitions. (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. (b) “Aggravated offense” means, and includes, offenses involving sexual penetration of victims of any […]
Section 11-37.1-20. – Remand to sex offender board of review.
§ 11-37.1-20. Remand to sex offender board of review. Upon application by the attorney general or counsel for the sex offender, the court may remand any case pending adjudication of sexually violent predator status back to the sex offender board of review for further determination of sexually violent predator status and community notification level pursuant […]
Section 11-37.1-21. – Duty of shelters and homeless shelters to notify law enforcement of the presence of sex offenders.
§ 11-37.1-21. Duty of shelters and homeless shelters to notify law enforcement of the presence of sex offenders. (a) If any person convicted of any offense that requires sex offender registration pursuant to this title, or otherwise has a duty to register his or her address with the law enforcement agency in the municipality in […]
Section 11-37.1-3. – Registration required — Persons covered.
§ 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 […]
Section 11-37.1-4. – Duration of registration — Frequency of registration.
§ 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 […]
Section 11-37.1-5. – Registration requirement upon release, parole, or probation.
§ 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 […]
Section 11-37.1-6. – Community notification.
§ 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 […]
Section 11-37.1-7. – Transfer of information to designated state law enforcement agency.
§ 11-37.1-7. Transfer of information to designated state law enforcement agency. (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, […]
Section 11-37.1-8. – Verification of address.
§ 11-37.1-8. Verification of address. (a) For a person required to register under § 11-37.1-3(a)(1), (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 designated state law enforcement agency or local law enforcement agency shall mail […]