Effective 5/8/2018
77-41-103. Department duties.
77-41-103. Department duties.
- (1) The department, to assist in investigating kidnapping and sex-related crimes, and in apprehending offenders, shall:
- (a) develop and operate a system to collect, analyze, maintain, and disseminate information on offenders and sex and kidnap offenses;
- (b) make information listed in Subsection 77-41-110(4) available to the public; and
- (c) share information provided by an offender under this chapter that may not be made available to the public under Subsection 77-41-110(4), but only:
- (i) for the purposes under this chapter; or
- (ii) in accordance with Section 63G-2-206.
- (2) Any law enforcement agency shall, in the manner prescribed by the department, inform the department of:
- (a) the receipt of a report or complaint of an offense listed in Subsection 77-41-102(9) or (17), within three business days; and
- (b) the arrest of a person suspected of any of the offenses listed in Subsection 77-41-102(9) or (17), within five business days.
- (3) Upon convicting a person of any of the offenses listed in Subsection 77-41-102(9) or (17), the convicting court shall within three business days forward a signed copy of the judgment and sentence to the Sex and Kidnap Offender Registry office within the Department of Corrections.
- (4) Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a conviction for any offense listed in Subsection 77-41-102(9) or (17), the court shall, within three business days, forward a signed copy of the order to the Sex and Kidnap Offender Registry office within the Department of Corrections.
- (5) The department may intervene in any matter, including a criminal action, where the matter purports to affect a person’s lawfully entered registration requirement.
- (6) The department shall:
- (a) provide the following additional information when available:
- (i) the crimes the offender has been convicted of or adjudicated delinquent for;
- (ii) a description of the offender’s primary and secondary targets; and
- (iii) any other relevant identifying information as determined by the department;
- (b) maintain the Sex Offender and Kidnap Offender Notification and Registration website; and
- (c) ensure that the registration information collected regarding an offender’s enrollment or employment at an educational institution is:
- (i)
- (A) promptly made available to any law enforcement agency that has jurisdiction where the institution is located if the educational institution is an institution of higher education; or
- (B) promptly made available to the district superintendent of the school district where the offender is employed if the educational institution is an institution of primary education; and
- (ii) entered into the appropriate state records or data system.
- (i)
- (a) provide the following additional information when available:
Amended by Chapter 281, 2018 General Session