for

______________________________
Name of State          Date

NOTE: This is an unofficial document used as a guide for OGC and BJA to determine state compliance with the Jacob Wetterling Act. This form is provided for your convenience; a state is not required to use it in preparing its compliance documentation.

(Original Registration/Notification Requirements—Deadline: September 12, 1999)

Offense Coverage

Criminal offenses against victims who are minors—persons under the age of 18 years (or range of offenses specified by state law that is comparable to or exceeds the range of offenses specified):

___ Kidnaping of a minor, except by a parent;

___ False imprisonment of a minor, except by a parent;

___ Criminal sexual conduct toward a minor—all statutory sex offenses under state law whose elements involve physical contact with a victim (rape, sexual assault, incest, sexual abuse);

___ Solicitation of a minor to engage in sexual conduct—sexual conduct in the same sense as above;

___ Use of a minor in a sexual performance—live performances and using minors in the production of pornography;

___ Solicitation of a minor to practice prostitution;

___ Any conduct that by its nature is a sexual offense against a minor (convictions under state statutes defining sex offenses with the victim as a minor being an element of the offense such as child molestation offenses and offenses prohibiting sexual activity with minors); or

___ An attempt to commit an offense described above, if the state makes such an attempt a criminal offense and chooses to include such an offense in those which are criminal offenses against a minor for purposes of its registration program (attempts to commit the above offenses).

Sexually violent offenses—rape or rape-like offenses—nonconsensual sexual assaultive crimes involving penetration (or comparable range of offenses) (state offenses comparable to 18 U.S.C. § 2241, 18 U.S.C. § 2242):

___ Aggravated sexual abuse,

___ Sexual abuse, or

___ An offense that has as its elements engaging in physical contact with another person with intent to commit such offenses.

Registration of Offenders Convicted in Other States

___ State programs must require individuals convicted in another state of any of the covered offenses against victims who are minors or sexually violent offenses to register promptly when any such individual establishes residence in the state.

Duties of State Prison Officials, the Courts, or Another Responsible Officer or Official

When an offender convicted of a covered offense is released from prison, placed on parole or supervised release, or placed on probation, a state official must

___ Inform the person of the duty to register and obtain the required address information;

___ Inform the person that if the person changes residence address, he or she must report the new address in the manner provided by state law;

___ Inform the person that if he or she changes residence to another state, the person must report the new address in the manner provided by state law and comply with any registration requirement in the new state of residence;

___ Obtain fingerprints and a photograph of the person, if these have not already been obtained in connection with the offense triggering the registration requirement;

___ Inform the person that if the person enters another state to work, to carry on a vocation, or to attend school, the person is required to comply with that state's registration requirements for notification by nonresidents who enter the state for such purposes [CJSA compliance deadline—November 25, 2002];

___ Inform the person that if the person expects to work, to carry on a vocation, or to enroll in classes at an institution of higher education in the state of residence, the person must notify the state, in the manner provided by state law, and report any change in such status (commencement or termination) [CSCPA compliance deadline—October 27, 2002]; and

___ Require the person to read and sign a form stating that the duty of the person to register under this section has been explained.

Transfer of Information

___ The registration information must be promptly made available to the law enforcement agency having jurisdiction where the registrant expects to reside and entered into the appropriate state record system to ensure the information will be available both to local law enforcement and at the state level. (States have discretion concerning the specific mechanisms and procedures for carrying out this requirement.)

Periodic Address Verification

___ State procedures must provide for the verification of registrants' addresses at least annually. (The particular approach to address verification is a matter of state discretion.)

Notification of Changes in Address

___ Intrastate moves: Registrants are to report address changes in the manner provided by state law. State procedures must ensure that the updated address information is promptly made available to a law enforcement agency with jurisdiction where the person will reside and entered into the appropriate state record system.

___ Interstate moves: A registrant who moves to another state must report the change of address to the responsible agency in the state he is leaving and must comply with any registration requirement in the new state of residency. The procedures of the state the registrant is leaving must ensure that notice is provided promptly to an agency responsible for registration in the new state of residence.

Minimum Length of Registration

___ The state requires, at a minimum, a 10-year period of registration for persons convicted of criminal offenses against victims who are minors or for sexually violent offenses.

___ The states does not have procedures or authorization to terminate the registration requirements during the minimum 10-year period (unless the underlying Wetterling Act offense conviction is reversed, set aside, or vacated or the registrant is pardoned).

Penalty

___ The state subjects any person required to register who knowingly fails to register and keep such registration current to criminal penalties. (Penalties for registration violations must apply to a state's own offenders who are required to register and to persons convicted in other states who are required to register because they have moved into the state to reside.)

Release of Information

(Megan's Law—Deadline: September 12, 1999)

___ The state or any agency authorized by the state shall release relevant information as necessary to protect the public concerning a specific convicted offender required to register, except that the identity of the victim of an offense requiring registration shall not be released. Disclosure of information is accomplished ____ proactively by the state and/or ____ responsively to public requests.

Registration Requirements Under the Pam Lychner Sexual Offender Tracking and Identification Act

(Deadline: October 2, 2001)

___ The state requires lifetime registration for a "recidivist" offender—a registrant with a prior conviction for an offense for which registration is required by the Wetterling Act (a crime against a victim who is a minor or a sexually violent offense) (there is no time limit on qualifying prior convictions), and

___ The state requires lifetime registration for an "aggravated" offender—a registrant who has been convicted of an aggravated offense (nonconsensual sexual assaultive crimes involving penetration; any offense involving sexual penetration of a child under the age of 12) (i.e., state offenses comparable to 18 U.S.C. § 2241).

___ The state does not have a procedure or authorization for terminating the registration of recidivist or aggravated offenders at any point during their lifetimes.

Registration Requirements Under the Campus Sex Crimes Prevention Act (CSCPA)

(Deadline: October 27, 2002)

___ The state advises convicted offenders, at the time of initial registration, of the obligation to notify the state when the offender registrant enrolls at, is employed at, or carries on a vocation at an institution of higher education in a state, and to notify the state of any change in such enrollment or employment (commencement or termination); and ___ the state includes, in the registration information obtained from each registrant, any expected enrollment or employment at any institution of higher education in the state.

___ The state has established procedures requiring notification by offender registrants when they commence or terminate their enrollment or employment at an institution of higher education in the state. (The registrants to whom these requirements apply are those who (1) are enrolled in any institution of higher education in the state on a full-time or part-time basis or (2) have any sort of full-time or part-time employment at an institution of higher education in the state, with or without compensation, for more than 14 days or for an aggregate period exceeding 30 days in a calendar year.)

___ The state has established procedures ensuring that information concerning an offender registrant enrolled or employed at an institution of higher education is promptly made available to a campus police department or other state recognized law enforcement agency at the institution of higher education and entered into the appropriate state records or data system. If there is no campus police department or other state-recognized law enforcement agency at the institution of higher education, the information must be promptly made available to another law enforcement agency having jurisdiction where the institution of higher education is located and entered into the appropriate state records or data system. (This requirement applies both to any information initially obtained from registrants concerning enrollment or employment at institutions of higher education in the state and to information concerning subsequent changes in such enrollment or employment status.)

Registration Requirements Under the CJSA Amendments

(Deadline: November 25, 2002)

Sexually Violent Predator (SVP) Registration Requirements:

___ The state uses the Wetterling Act definitions relating to SVPs, and

___ The state has procedures for seeking and making the SVP determination, for example, ___ the state has established a properly composed Board of Experts (experts in the treatment and behavior of sex offenders and members of law enforcement agencies and victims' rights advocates) to advise the court with jurisdiction over the offender, or ___ the state has established alternative procedures or legal standards for designating a person as an SVP (within the state's discretion under the Wetterling Act guidelines), and

___ The state has procedures for obtaining required information about SVPs at initial release stage, and

___ The state requires lifetime registration for all SVPs, and

___ The state requires quarterly address verification for all SVPs;

OR

___ The state has established alternative measures of comparable or greater effectiveness to those specified in the Wetterling Act (above) for protecting the public from unusually dangerous or recidivistic sex offenders, and

___ The state has submitted to OJP/BJA a written request for approval of its alternative measures for protecting the public from such offenders and included a detailed explanation of its alternative measures.

Registration of Federal and Military Offenders:

___ The state has established procedures to accept, in its registration program, information from resident offenders who have been convicted of federal offenses or sentenced by court martial, where the federal conviction or court martial sentence was for a criminal offense against a victim who is a minor or a sexually violent offense.

Registration of Nonresident Workers and Students:

___ The state has established procedures to accept, in its registration program, registration information from a nonresident who has come into the state to work, to carry on a vocation, or to go to school, where the person would be required to register in his state of residence.

___ Workers from whom registration information must be accepted include those who have any sort of full-time or part-time employment in the state, with or without compensation, for more than 14 days or for an aggregate period exceeding 30 days in a calendar year.

___ Students from whom registration information must be accepted include those who enroll in any type of school in the state on a full-time or part-time basis.

___ At a minimum, the state collects registration information concerning the registrant's place of employment or the school attended in the state and his address in the state of residence.

___ The state has procedures to inform a registrant, at the initial registration stage, that he must register, in accordance with the nonresident state procedures, in any state where he is employed, carries on a vocation, or is a student.

Participation in the National Sex Offender Registry (NSOR):

___ The state participates in NSOR in accordance with the Attorney General's guidelines, including transmission of current address information and other information on registrants to the extent provided by the guidelines.

___ The FBI has notified OJP/BJA that the state participates in NSOR.