U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Summary of State Sex Offender Registries: Automation and Operation Virginia B. Baldau August 1999, NCJ 177621 This report is one of a series. Previous editions are available and more recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#registries. Acknowledgments I want to thank the many individuals from jurisdictions throughout the country who, with unfailing patience and courtesy, answered my questions and sent me materials about the structure and operation of their State’s sex offender registry, the legislation and regulations that governed it, and the procedures they used to share registry information with law enforcement and criminal justice agencies, with schools and youth-serving organizations, and with the general public. I am grateful to them not only for the information they shared, but also for their tangible commitment to developing and operating highly accurate and efficient registries whose information can be used to enhance public safety. Within the Bureau of Justice Statistics, Jan M. Chaiken, Director, and Carol G. Kaplan, Chief of BJS’ Criminal History Improvement Programs were generous in their support of the project and provided helpful suggestions for improving it. BJS staff provided very useful comments throughout the project. Special thanks are due to Tracy Snell, Stephanie Evans, Devon Adams and Lyndon Diaz of BJS for their contributions to the project. Virginia B. Baldau January 1999 Table of Contents Overview Summary of State Sex Offender Registries Alphabetically, by State Appendices Appendix 1: Organizational Locus of Registry, April 1998 Appendix 2: Who is in the Registry, April 1998 Appendix 3: Automation of Sex Offender Registries, April 1998 Appendix 4: Operation of Sex Offender Registries, April 1998 Appendix 5: Dissemination of Sex Offender Registry Data, April 1998 Overview Background In the early 1990's public outrage and concern rose in response to a number of violent sexual assaults, mainly against children, committed by persons with histories of prior sexual offending. Citizens began to demand that the justice system develop ways to rigorously monitor the location of sexual offenders released to the community and to share more of that information with the public than had been the practice in the past. In an effort to respond to this concern, the Congress passed three separate pieces of legislation: the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (enacted in 1994), the federal version of “Megan’s Law,” and the Pam Lychner Sexual Offender Tracking and Identification Act (both enacted in 1996). Together, they mandate that States strengthen their techniques for keeping track of sexual offenders by establishing registration and notification programs--the first, so that local law enforcement and criminal justice agencies will know the location of sexual offenders released into their jurisdictions, and the second, so that citizens are informed about sexual offenders living in their community. These requirements placed major challenges before the States, particularly given the compliance deadlines of the legislation, and the need to develop not simply more rigorous State systems, but systems that also would be compatible with a new National Sex Offender Registry. The Lychner Act, in addition to mandating more stringent registration requirements than previously promulgated, also charged the FBI with the responsibility to establish a national sexual offender database and to handle sexual offender registration and notification in those States not implementing “minimally sufficient” programs (a standard defined in the Act). The FBI’s permanent National Sex Offender Registry (NSOR) is being developed as part of the FBI’s NCIC-2000 system. The NSOR will include fingerprint and photo (mugshot) images of registered offenders and will be a “hot file,” accessible to authorized users without submitting fingerprints. The permanent system is to be in place by mid-1999. However, until the permanent system is implemented, the FBI has established an interim national pointer system that operates through a link from the National Law Enforcement Telecommunications System which is used to track Federal parolees and probationers. The interim system flags the criminal history records of individuals identified by the States as being registered sexual offenders and identifies the State registry containing the full information on an offender. To assist the States to meet the requirements of the legislation and to be ready to participate in the FBI’s permanent national system, the Bureau of Justice Statistics (BJS), in March 1998, issued the Program Announcement for the National Sex Offender Registry Assistance Program (NSOR-AP) providing $25 million in Federal assistance to the States and territories for this effort. The NSOR-AP had two primary goals. As stated in the Program Announcement, NSOR-AP was to help States ensure that: (1) State sex offender registries could identify, collect, and properly disseminate relevant information that was consistent, accurate, complete, and up-to-date; and (2) States could establish appropriate interfaces with the FBI’s national system so that State registry information on sex offenders could be obtained and tracked from one jurisdiction to another. Project Focus, Data Collection, and Organization of the Report The focus of the project was to develop information on the status of State sex offender registries in April 1998, prior to any NSOR-AP awards. Information of particular interest included the organizational structure of the registry; the sources of the information contained in the registry; registry operation and level of automation; its relationship with the State’s criminal history system and with other criminal record systems within the State; and its capabilities for electronic transmission of text, fingerprints, and photo images to the FBI, as well as to other criminal justice agencies in the State. The dissemination and use of sex offender registry information are critical issues, and summary information was collected on the State’s dissemination practices, particularly where automated systems, such as the Internet, played a role in the process. However, neither community notification nor offender management was a focus of this project since detailed descriptive information and training materials on these topics are being developed by the OJP-sponsored Center for Sex Offender Management. Information was collected on each of the 50 States and the District of Columbia. The material was developed through a variety of sources: review of the NSOR-AP applications, State sex offender registry legislation, and prior reports on State sex offender registries; phone interviews with selected registry directors and staff members; and online research. Draft summary materials were submitted for verification to each jurisdiction, and the resulting corrections and additions incorporated into the final report. Each State Summary presents information on the agency (or agencies) responsible for the management and operation of the sex offender registry, on registry legislation and registration requirements, on the level of automation of the registry database and its digital storage and transmission capabilities, and summary data on registry operation and dissemination practices. Systems and procedures are described as of April, 1998 to provide an overview of State sex offender registry operations prior to the NSOR-AP awards. However, where information was available on upcoming legislation and/or other major changes, these have been included, as have summary data on the State’s plans for use of NSOR-AP funds in these areas. The appendices to the report present information from the State summaries organized by issue area. Finally, the abbreviation “SOR” is used throughout for “Sex Offender Registry,” and, for reasons of simplicity and clarity, only the male pronoun is used when referring to sexual offenders, although it is recognized that most registries do include some female offenders. Summary Findings Extent of Centralized Sex Offender Registries: As of April 1998, 49 States and the District of Columbia had centralized sex offender registries. In Connecticut in April 1998, sex offender registries were maintained locally. In May 1998, however, legislation passed establishing a centralized State sex offender registry to be effective October 1, 1998. Participation in the FBI’s Interim Sex Offender Registry: In April 1998, 25 States and the District of Columbia were submitting records on sexual offenders to the FBI’s Interim Sex Offender Registry. An additional 12 States reported plans to begin submitting to the Interim Registry during calendar 1998, and 3 States expected to begin participating in the first half of 1999. Eleven (11) States anticipated participating when the FBI’s permanent National Sex Offender Registry is established in mid-1999. (See Figure 1 for details.) Organizational Location: States have chosen to house their sex offender registries in a variety of criminal justice agencies, most frequently within the organization that also handles the State’s criminal history records. As of April 1998, 10 States located the SOR in the Department of Public Safety, 15 States made it the responsibility of the State Police (or Troopers, or Patrol), 7 placed the registry in the Office of the Attorney General, and 3 housed it in the Department of Corrections. In the remaining 13 jurisdictions, the SOR was located in a different agency, again most often where the responsibility for criminal history records also resided. In two States, responsibility for program operations is shared between agencies. In Alabama, the Department of Public Safety maintains the official records and provides State support for local notification programs, while the Alabama Criminal Justice Information Center maintains all automated files, including criminal histories, and submits Alabama data to the FBI. In New Jersey, the State Police maintain and operate the SOR, based on submissions that come through the county prosecutors, while the Office of the Attorney General interprets the law, establishes policy, and oversees all community notification and dissemination of SOR information. Size of the Sex Offender Registries: As of April 1998, the centralized SOR’s of 49 States and the District of Columbia held the records of a total of 276,216 convicted sexual offenders. The SOR for the District of Columbia reported 50 offenders. The number of offender records in individual State SOR’s ranged from 200 in Maryland to 78,000 in California, with the median being Iowa’s 2,240. Several factors in the authorizing legislation significantly influence the size of any particular registry, among them the number of different offenses requiring registration, the date that “triggers” the registration mandate, and the duration of the registration requirement. While legislative analysis was not part of this project, respondents made clear that the trend in recent amendments and new legislation is to expand rather than decrease the number of offenses covered. Also, while the majority of SOR laws mandate registration for sexual offenders convicted or released to the community on or after the effective date of the legislation, a number of SOR laws make the registration requirement retroactive. Eight (8) States require registration for covered convictions prior to 1980. While California’s SOR, the nation’s oldest, goes back to 1944, both Hawaii and Mississippi, with later legislation, mandate registration for all those convicted of a covered offense, independent of the date of conviction. With respect to the duration of State registration requirements, in April 1998, they ranged from 10 years to life. Twenty-three (23) State SOR’s (47%) had a 10 year registration requirement for most sexual offenders. Of these 23 SOR’s, however, 14 also required those offenders classified as high risk, sexual predators, or sexually violent to register for life or for an “indefinite period” (normally until there was a court determination of reduced risk). In 12 States (24%), the SOR mandates lifetime registration for everyone in the registry. Level of Registry Automation: In April 1998, the level of SOR automation varied considerably not only across States but also by the category or type of automation being reported. While over three-quarters of the State SOR’s reported having a fully automated text database on registered offenders, capabilities for electronic data entry or for the storage and transmission of digital fingerprints and photo images were more limited. In terms of the text database, 39 SOR’s reported a fully automated text database, 7 SOR’s reported partial to very limited text automation, and 4 SOR’s reported no automation of their text information. The situation was quite different with respect to SOR capability for electronic receipt and entry of text information. As of April 1998. 6 SOR’s (12%) reported that all or almost all of their text data was entered electronically, while 12 reported partial to limited electronic data entry. The remaining SOR’s (64%) reported that all data was entered manually. Also of interest was the SOR capability for the electronic storage, management, and transmission of offender fingerprints and photos. Thirteen (13) of the SOR’s, or 26%, reported such capability existed for fingerprints, while 20 SOR’s (40%) reported a partial capability--in most cases reflecting the need for further connection or linkage between the SOR and the State’s automated fingerprint identification system (AFIS). The remaining 17 SOR’s (34%) reported they did not have the capability for electronic storage or transmission of fingerprints in April 1998. With respect to the electronic storage and transmission of offender photos, 5 SOR’s (10%) reported having this capability in April 1998. Twelve (12), or 24%, had partial capabilities in this area, and 33 SOR’s (66%) could not electronically store or transmit offender photo images at that time. The relationship of the SOR to other criminal justice information systems in the State affects how information on registered sex offenders is transmitted to, or can be accessed by, State and local law enforcement and criminal justice officials. Two (2) State SOR’s reported that in April 1998 the registry was part of the State’s computerized criminal history system (CCH), while 18 registries reported that the SOR and CCH in their State were linked. Thirty (30) SOR’s reported that the SOR and CCH databases were completely separate in April 1998. Of these, 2 States flagged criminal history records for registered sex offenders although there was no electronic link between the two systems. It should be noted that 16 States reported plans to establish or increase the links between their SOR and CCH during the latter half of 1998 and 1999, often supported by NSOR-AP funds. In April 1998, 33 State SOR’s were linked to some other automated State system, most frequently the State’s criminal justice information system or its law enforcement telecommunications network. The data thus available electronically to law enforcement or criminal justice agencies ranged from the identification of an individual as a registered sexual offender to full access the SOR data base. In this area also, 10 SOR’s reported plans to establish or increase links to State criminal justice information systems in order to provide law enforcement with online access to SOR data in 1999. Initial Registration and reregistration: In April 1998, all of the 50 jurisdictions operating centralized SOR’s required qualifying offenders to appear in person and register with the local law enforcement or probation/parole agency in the community where they lived or planned to reside, and to do the same each time they moved. However, 82% of these SOR’s received the initial information on a qualifying offender from another criminal justice agency--the courts, the prosecutor, the Department of Corrections, or the jail--usually in advance of the offender’s personal appearance for local registration. The remaining 18% of the SOR’s received notice of a qualifying offender only when that offender registered with his local agency and that information was forwarded to the SOR. In 74% of the jurisdictions operating centralized SOR’s, reregistration or address verification was required at least annually. In 81% of these jurisdictions, the SOR sent individual notices to each registrant when reregistration was required. In 37% of the SOR’s the notification process was automated, while 13% reported partial automation. Fifty percent (50%) of the SOR’s reported no automation of the notification process. Dissemination of Registry Information: With respect to notifying law enforcement, in April 1998, over two-thirds (68%) of the centralized SOR’s were able to disseminate at least some information electronically, including through Internet sites, to local law enforcement or to other agencies charged with offender supervision. The remaining 32% reported disseminating information to law enforcement and other criminal justice agencies only through mail, phone or fax. In terms of disseminating SOR information to schools and organizations serving youth or other vulnerable populations, 58% of the registries reported that organizational notification was the responsibility of local law enforcement. In over half (52%) of these jurisdictions, however, State agencies shared in the responsibility, by providing guidelines, regulations, or sponsoring the risk assessments that trigger notification. Ten percent (10%) of the registries reported that State agencies conducted all organizational notification, while 32% of the centralized registries reported that no specific procedures for organizational notification were required or in place in their jurisdictions in April 1998. Public access to SOR data varied widely across jurisdictions in April 1998. Internet websites were then being used by 12% of the SOR’s to make all or some portion of their SOR databases widely available, and websites were being widely discussed in other jurisdictions. Thirty (30) SOR’s, or 60%, reported that citizens could obtain SOR information through formal requests to local law enforcement agencies, the State agency responsible for the SOR, or, in one jurisdiction, the circuit court. Information thus available ranged from State or county lists of registered offenders to responses to whether a specific individual appeared in the registry. Several jurisdictions had two or more mechanisms for public access to SOR information, for example an Internet site, plus special phone lines, victim networks, or procedures for written requests. On the other hand, in 28% of the jurisdictions, SOR data was considered confidential--to be available to law enforcement only and only for law enforcement purposes--and was frequently so defined in statute. In most of these jurisdictions, however, the law enforcement agency had the discretion to share the information as needed for public protection, and in one, the confidentiality requirement operated in parallel with a formal community notification program. Eleven (11) SOR’s, or 22%, reported that by April 1998 there were statewide guidelines or procedures in place that governed the operation of community notification programs, while 3 SOR’s, or 6%, reported that community notification concerning medium and high risk offenders was conducted at the discretion of local criminal justice agencies. Looking Forward As the individual summaries that follow make clear, many State sex offender registries are now in the process of significant change--from implementing new State legislation to addressing compliance with the guidelines for the federal legislation. In a field that is both comparatively new and marked by rapid change, the opportunity to collect data that accurately describes what is happening and can then be used to guide future evolution and refinement is particularly important. Some areas in which research could be useful include the following: o Descriptive statistics on who is in the registries-- demographics of the registrants, their offenses, and their sentences, o Similar statistics on offenders mandated to register but not in the registry--a comparison of criminal history records with the SOR, o Analyses of compliance rates with both annual and 90-day reregistration and address verification requirements, o Case studies of the techniques being developed to respond to noncompliance with reregistration or address change requirements, including the use of emerging “compliance enforcement units,” and o Analyses of how jurisdictions are conducting offender risk assessments--the procedures, time and costs involved in various approaches. The Department of Justice guidelines for compliance with the Jacob Wetterling Act and its amendments provide discretion to state and local governments on a number of provisions, from procedures for assessing an offender as a sexually violent predator to the time period for prior offense that would classify an offender as a recidivist. Studies that examined both the choices made by different jurisdictions in such areas and the subsequent experience with the selected approaches could be helpful as the field moves forward. The Statistical Analysis Centers, individually or in consortiums, seem well placed to conduct such research. Summary of State Sex Offender Registries: Alabama Responsible Agencies: Alabama Department of Public Safety (DPS) and Alabama Criminal Justice Information Center (ACJIC) (DPS maintains official record and photo and operates the notification program. ACJIC maintains all automated files--including criminal history files--and submits data to the FBI.) Who is in the Registry? Covered Offenses: Covered offenses are those criminal sexual offenses specified in Alabama Code 13-A,6-60 through 70. NOTE: As of 4/98, there were some differences between the offenses requiring registration and those requiring community notification, but amendments to be effective 8/1/98 were expected to reconcile those differences. Mandated Registrants: Mandated registrants include all those convicted of a covered offense and released to the community on or after May 1996, plus those released earlier but moving to a new address after May 1996 (and thus being required to register for change of address). Duration of Registration: Lifetime Offenders in Registry, 4/98: 440 in community notification register Automation of Sex Offender Registries, April 1998 Extent of database automation: Partial. Operation of the data base(s) is automated, as is some transmission. Most data entry, however, is manual. The Alabama Department of Public Safety (DPS) maintains the "offical record" and photo of each sex offender and operates the notification program at the State level. The Alabama Criminal Justice Information Center (ACJIC) maintains the automated files used for dissemination, submits data to the FBI, and maintains the State's criminal history files. (FY'98 NSOR-AP funds were sought to automate transfer of data to ACJIC and other authorized agencies.) Database is linked to criminal history files: Yes. ACJIC flags the criminal history files of registered offenders and identifies sex offenders on routine ACJIC/NCIC "person inqueries." SOR transmits electronically to FBI interim system: No. ACJIC transmits SOR data (text only) on tape to the FBI interim system. Text material for SOR database is received and entered electronically: There is limited electronic transmission and data entry for SOR. Alabama Department of Corrections (DOC) provides information on upcoming prison releases to ACJIC by electronic file according to the Alabama NSOR application. DPS reports that all SOR information is received in hard copy. Information from local law enforcement (offender's local registration, change of address, out-of-State registrant) or data from another State, comes as hard copy and must be entered manually. SOR system has capability for electronic transmittal & storage of fingerprints: Yes. Alabama Department of Public Safety houses the State's AFIS, so it has electronic storage and transmission capability for fingerprints. SOR system has capability for electronic transmittal and storage of mugshots: No. As of 4/98, AJCIC could not store or transmit mugshots through its automated system. Polaroid snapshots were maintained by the Department of Public Safety, and used for flyers or faxed for identification purposes. (FY '98 NSOR-AP funds were sought for digital cameras and related equipment, and for software modifications to establish a mechanism to process digital mugshots to ACJIC.) Operation of Sex Offender Registries, April 1998 Sources of Initial Information on Offender: For offenders who are being released from Alabama prisons, the Department of Corrections (DOC) sends an electronic record on the offender and his intended address to the Alabama Criminal Justice Information Center (ACJIC). The DOC also sends the offender's photo to the Alabama Bureau of Investigation (ABI), the responsible entity within DPS. ACJIC electronically notifies both the local law enforcement agency and the district attorney in the jurisdiction where the offender plans to reside of the offender's release date. When the offender registers locally, the local law enforcement agency sends paper copies (and fingerprint cards if the offender is moving in from out-of-State) to ABI and ACJIC. DNA Sample: Yes. Department of Public Safety (DPS) reports that a DNA sample is taken registered from sex offenders "when they can get it." Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Yes. DPS sends each offender an annual letter on his birthday, saying he must go to the local sheriff's office in person and validate his address or reregister. Letters are sent marked "Not to Be Forwarded" and the offender's local sheriff also is notified. If an offender moves, he must notify the local sheriff at both his old and new location 30 days in advance of the move; the sheriff then notifies DPS. Offenders moving out of State must notify their local sheriff; the sheriff then notifies DPS, and DPS notifies the receiving State. B. SOR Notification is Automated: No. C. Penalties for Noncompliance: All violations are a Class C felony, punishable by a 1 to 5 year prison sentence. Dissemination of Sex Offender Registry Data, April 1998 To Law Enforcement and Criminal Justice Agencies: All Alabama law enforcement or criminal justice agencies with access to criminal history information have access to sex offenders information through the Alabama Criminal Justice Information Center (ACJIC). For sexual offenders qualifying for community notification, the Alabama Department of Public Safety (DPS) sends a "flier" containing a photo and detailed information on the offender to the local law enforcement agency where offender resides. The local agency duplicates the flier and mails it to everyone within a specified geographic area. To Organizations Serving Children, Elderly, and the Mentally Ill: As of April, 1998, the Alabama SOR has no specified procedures for affirmative notification to schools or organizations other than the community notification requirements outlined in the following section. Procedures for Public Access: When an offender qualifies for community notification (those convicted of rape, sodomy, sexual torture, sexual abuse, child sexual abuse and incest, when the victim is under 18 years old and the offender is over 20 years old), fliers with the offender's photo are mailed to everyone living within 1,000ft. of his home (in cities), 1,500ft. in towns, and 2,000ft. in rural areas. Citizens also may review fliers at local law enforcement agencies. Internet Website: Not as of 4/98. An Internet website for the sex offender registry was proposed in legislation being considered by the Alabama legislature in Spring, 1998, and was subsequently implemented. Summary of State Sex Offender Registries: Alaska Responsible Agency: Alaska State Troopers Who is in the Registry? Covered Offenses: Covered offenses are sexual assault in the first, second, or third degree; sexual abuse of a minor in the first, second or third degree; incest; unlawful exploitation of a minor; child pornography; distribution of child pornagraphy; and promoting prostitution in the first degree. Mandated Registrants: All persons convicted of a covered offense, or on probation for a covered offense on or after July 1, 1984 must register, including those moving in from out-of- State with convictions for similar crimes. Duration of Registration: 15 years for a single offense; for multiple offenses, lifetime registration is mandated. Offenders in Registry, 4/98: 3,535 in total. Alaska maintains five categories of persons required to register. The categories, and the number of individuals in each as of 4/98, are as follows: (1) Registered sex offenders (formally and properly registered sexual offenders) - 1,694; (2) Registered sex offenders not in compliance (those formally registered, but not compliant with their annual reregistration requirements) - 301; (3) Never registered (offenders reported to be required to register, but who have never done so) - 578; (4) In jail (a category for sex offenders who are required to register, but who are in jail in Alaska, although not necessarily for a sex offense) - 693; and (5) Out-of-State (sex offenders who are required to register, but who are reported to be out-of-State) - 296. Automation of Sex Offender Registries, April 1998 Extent of database automation: Partial. The Sex Offender Registration Central Registry (SORCR) is automatically updated from Alaska's criminal history files, the offender's registration period is automatically calculated, and some reports are automatically generated. Information from the sex offender registry is automatically downloaded from SORCR to Alaska's Internet website. However, manual entry is required for all update information and for entry from all hard copy submissions. (FY'98 NSOR-AP funds were sought to upgrade the SORCR database to an Oracle server.) Database is linked to criminal history files: Yes. The entry of a conviction for a covered offense into the criminal history system triggers the offender's entry into SORCR. SOR transmits electronically to FBI interim system: No (FY'98 NSOR-AP funds were sought for software modifications needed for electronic transmission to FBI.) Text material for SOR database is received and entered electronically: Yes. SORCR is electronically updated from data entered manually into the State's criminal history system (ASPIN). Conviction data (which is submitted in hard copy), paper registration forms from criminal justice agencies throughout State, and all reregistrations and address changes are mailed to central registry for manual entry into APSIN, which then automatically updates SORCR. SOR system has capability for electronic transmittal & storage of fingerprints: No, not at registry where APSIN and SORCR are maintained. Currently, fingerprints, taken on the FBI fingerprint card, are mailed to registry, which then mails them to the Records and Identification Bureau for entry into AFIS. (FY'98 NSOR-AP funds were sought to upgrade the manual fingerprint system in anticipation of NCIC 2000 requirements.) SOR system has capability for electronic transmittal and storage of mugshots: Partial capability exists, but the current system does not meet the requirements of the FBI. As of 4/98, registration photos are mailed to the central registry where they are scanned into a Polaroid system and stored in a proprietary electronic file format that does not comply with National mugshot standards. (FY'98 NSOR- AP funds were sought for conversion of the mugshot system to bring it into compliance with National standards.) Operation of Sex Offender Registries, April 1998 Source for Initial Information on Offender: Conviction information is received from the courts in hard copy. Corrections facilities "register" offenders prior to their release and mail the signed forms and photos (hard copy) to central registry. Offenders under community supervision or under no supervision register with local police or with State Troopers who also mail hard copy to central repository and registry. DNA Sample: No Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Yes. Since 3/97, the SORCR office has sent out notices each month to registrants with birthdays within that month advising them that they need to register annually prior to their birthday or they will be in a state of noncompliance. The law requires offenders to come personally to local police/State Trooper office and verify or update their address. (In 10/97, approximately 1,500 letters were mailed, on a one-time basis, to unregistered sex offenders, notifying them of their duty to register.) If an offender moves, the State SOR and the local law enforcement agencies at both the old and new locations must be notified within 10 days of move, on the required form. If moving out-of-State, an offender must notify registry before leaving. SOR Notification is Automated: No Penalties for Noncompliance: Violations are a Class A misdemeanor, and the offender can be cited for noncompliance and fined. As of 4/98, Alaska reported fines of up to $300. Dissemination of Sex Offender Registry Data, April 1998 To Law Enforcement and Criminal Justice Agencies: Copies of the lists for 1) registered sex offenders, 2) unregistered sex offenders, and 3) noncompliant registered sex offenders are sent to local police departments on a monthly basis through the regular mail. Procedures are being set up to use e-mail for these lists. Dissemination to criminal justice agencies also occurs through the Alaska Public Safety Information Network (APSIN). Almost all Alaska criminal justice agencies have on-line access to APSIN, and sex offender data/status will be provided for any "person query." Agencies with access to Internet can query and sort SORCR data by geographic location and view mugshots. To Organizations Serving Children, Elderly, and the Mentally Ill: As of 4/98, no special or affirmative notification of schools or other organizations is reported. (See Procedures for Public Access, below.) Procedures for Public Access: The public has access to information on registrants through Alaska's Internet site, which currently provides information and photos on all offenders who have registered. (Proposed legislation would expand the items of information provided, and include information on offenders who should have registered but are in a state of noncompliance.) The public may also obtain information from the local police station, and they may receive hard copy reports on individual sex offenders through the SORCR office in response to individual requests. Internet Website: Yes, began June, 1997; now averaging over 1,200 queries per day. Summary of State Sex Offender Registries: Arizona Responsible Agency: Department of Public Safety Who is in the Registry? Covered Offenses: Covered offenses are sexual abuse if the victim is under 15; sexual conduct with a minor; sexual assault (rape); child molestation; continuous sexual abuse of a child; sexual exploitation of a minor; commercial sex exploitation of a minor; the second or subsequent incident of indecent exposure to someone under 15; second or subsequent incident of public indecency to a minor under 15; the third or subsequent incident of indecent exposure (age not a factor). Mandated Registrants: All Arizona residents convicted of a covered offense on or after the effective date of original Arizona SOR legislation in 1983 must register. Offenders moving from out-of-State with convictions for offenses covered in the Arizona legislation must register even if both the conviction date and the individual's release date were prior to 1983. The local sheriff's staff is responsible for evaluating the out-of-State offense to determine if Arizona registration is required. Duration of Registration: Lifetime for adult offenders. The registration requirement for juvenile sexual offenders ends when they become 25. Offenders in Registry, 4/98: 9,200 Automation of Sex Offender Registries, April 1998: Extent of database automation: Partial. The SOR database itself is automated, but most data must be entered manually. At present, data collection is done manually, with most forms filled out by hand, and transmitted to the SOR in hard copy. The Sex Offender Profiling and Notification Database, maintained in another section of the Department of Public Safety (DPS), is similar. (FY'98 NSOR-AP funds were sought to permit sheriffs to automate registration of sex offenders.) Database is linked to criminal history files: Yes. The Sex Offender Registry is part of the Arizona Criminal Justice Information System (ACJIS), but is maintained in a separate database. A response to a criminal history query, however, will include any information on that individual in the SOR database. SOR transmits electronically to FBI interim system: Yes. As new records are entered into Arizona's SOR, they are automatically forwarded electronically to the FBI interim system. Text material for SOR database is received and entered electronically: Very limited. For the SOR database, copies of offender registration forms are faxed from the local sheriff's office to the central registry for manual entry in SOR. The signed original, plus a photo and fingerprint cards are then mailed from the sheriff's office to the central registry. The Sex Offender Profiling and Notification Unit receives electronic notice from the Department of Corrections (DOC) on upcoming releases, but other information is submitted in hard copy for manual entry. (FY'98 NSOR-AP funds sought to automate data transfer between courts, probation, sheriffs, and DPS.) SOR system has capability for electronic transmittal & storage of fingerprints: Partial capability exists as of 4/98. The central SOR can store and transmit digital fingerprints, but most of the agencies submitting information for the SOR (including the Department of Corrections) cannot interface with or submit prints to the Arizona AFIS, so they submit fingerprint cards which must then be scanned into the system. SOR system has capability for electronic transmittal and storage of mugshots: Partial capability exists as of 4/98. The capacity exists at central SOR, but not in the field; the DOC, probation offices, and rural sheriffs' offices are not able to receive or transmit digital mugshots. (FY'98 NSOR-AP funds were sought for DOC AFIS-Mugshot Interface Subsystems to interface with Motor Vehicle Division files as part of the proposed annual reregistration procedures.) Operation of Sex Offender Registries, April 1998 Source for Initial Information on Offender: For Sex Offender Registry, information comes from the local sheriff's office when an offender completes his in- person registration. A copy of registration form is faxed to the SOR; the signed original, a photo, and fingerprint cards are then mailed to the SOR. For the Sex Offender Profiling and Notification Unit, the Arizona DOC, the jail, or the supervising probation agency enters information on the offender, his/her risk assessment, and the offense directly into the Sex Offender Profiling System. The system then generates teletypes to the Notification Coordinator and the sheriff of the jurisdiction that will be receiving the offender. DNA Sample: Yes. DNA samples are maintained by State Crime Lab. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: No. As of 4/98, no reregistration or address verification is required either through the local sheriff or through the SOR. However, legislation pending in the legislature in Spring, 1998, would require registered offenders to obtain a driver's license or an identification license annually from the Motor Vehicle Division and would make address validation or update a part of that process. SOR Notification Automated: Not applicable. Penalties for Noncompliance: As of 4/98, violation is a Class 6 felony. Legislation pending in Spring 1998 would make noncompliance a class 4 felony. Dissemination of Sex Offender Registry Information, April 1998 To Law Enforcement and Criminal Justice Agencies: Information on registered sexual offenders is disseminated to criminal justice agencies through Arizona Criminal Justice Information System (ACJIS) in response to criminal history queries. As of 4/98, detailed information on the offender, his risk assessment, and the offense summary is maintained by the Sex Offender Profiling and Notification Unit for use by and with local law enforcement agencies in the community notification program. To Organizations Serving Children, Elderly, and the Mentally Ill: The Arizona community notification program focuses on "neighborhoods" at risk, rather than specific organizations or victim types. There is a State-level Community Notification Coordinator, but the local law enforcement agency determines the level of notification, and the geographic "neighborhood," to be notified, based on a review of the individual's risk assessment. Level 1 (low risk) requires minimal notification, level 2 (medium risk) gives the local agency wide discretion on the extent of notification, while level 3 (high risk) requires extensive notification within the "neighborhood" at risk. Procedures for Public Access: As of April, 1998, there is no automatic public access to SOR information. Each sheriff's office keeps a notebook on registered offenders residing in that jurisdiction. Citizens may ask to see the file and usually have to demonstrate a need to know. Access is at the discretion of the law enforcement agency, with a log kept of who views the file. Internet Website: No. However, legislation to fund an Internet site to provide information on all sexual offenders in the Arizona Registry (except for public indecency offenders) had passed the Arizona Senate and was moving to the House in Spring, 1998. Summary of State Sex Offender Registries: Arkansas Responsible Agency: Arkansas Crime Information Center Who is in the Registry? Covered Offenses: Covered offenses are rape; carnal abuse in first, second, or third degree; sexual misconduct; sexual abuse in first or second degree; sexual solicitation of a child; violation of a minor in first or second degree; incest; sexual exploitation of children; promoting prostitution in the first degree; stalking; transportation of minors for prohibited sexual conduct; employing, or consenting to the use of a child in sexual performance; producing, directing or promoting sexual performance; an attempt, solicitation or conspiracy to commit any of the enumerated offenses; and adjudication of guilt for equivalent offenses in another State, Federal, or military court. Mandated Registrants: All convicted sexual offenders released to the community on or after the effective date of the legislation, August 1, 1997, are required to register, as well as all persons who were required to be registered under the former "Habitual Child Sex Offender Registration Act." The Arkansas Attorney General has ruled that the registration requirement covers all offenders who had been convicted and were, as a result, under some form of criminal justice supervision on August 1, 1997, regardless of date of conviction. Duration of Registration: For "sexual offenders," registration is a minimum of 15 years. For those classified as "sexual predators," the registration requirement is a minimum of 20 years. Offenders may petition the court for removal of the registration requirement after expiration of the minimum time requirement. Offenders in Registry, 4/98 958, as of 2/9/98. (By 12/98, Arkansas Registry had expanded to 1,558 registered offenders.) Automation of Sex Offender Registries, April 1998 Extent of database automation: Partial. The SOR database itself is automated, but data entry is manual, and information submission is paper- based. (FY'98 NSOR-AP funds were sought to upgrade operating procedures.) Database is linked to criminal history files: Yes. Registered offenders' records are flagged in the criminal history file. The SOR file is not fingerprint based, but the SOR record is tied to the offender's fingerprints in the criminal history system. SOR transmits electronically to FBI interim system: No. (FY'98 NSOR-AP funds were sought to rewrite software programs and to make other modifications to permit electronic transmission to FBI.) Text material for SOR database is received and entered electronically: No. As of 4/98, the Arkansas SOR requires manual data entry from paper submissions, all of which are currently stored as hard copy. (A document imaging system is planned under the FY'98 NSOR-AP grant.) SOR system has capability for electronic transmittal & storage of fingerprints: Yes, the capability exists, but through the criminal history system. While the current SOR database does not have fingerprints, the SOR records are tied to fingerprints in the criminal history system, which has the storage capacity. SOR system has capability for electronic transmittal and storage of mugshots: No. There is no current capacity for automated mugshot transmission or storage. (FY'98 NSOR-AP funds were sought for document imaging to include the capture and transmission of mugshots.) Operation of Sex Offender Registries, April 1998 Source for Initial Information on Offender: Clerk of Courts provides the SOR with information (in hard copy) on qualifying offenders when they are convicted, and the offenders are entered into the Registry at that time. When a sexual offender is released to the community and registers locally, the Sex Offender Registration form is forwarded (in hard copy) to the Arkansas Crime Information Center (ACIC) by the releasing agency, and the record is updated. DNA Sample: No. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Yes. ACIC mails out nonforwardable letters informing offenders of the requirement to verify their addresses. Letters are sent every six months to sexual offenders, and every three months to those classified as " sexually violent offenders." B. SOR Notification Automated: Yes. C. Penalties for Noncompliance: Violation is a Class D felony, punishable by up to 6 years in prison and/or a fine. Dissemination of Sex Offender Registry Data, April 1998 To Law Enforcement and Criminal Justice Agencies: Through the statewide Arkansas Crime Information Center (ACIC) network, all data provided on the Sex Offender Registration form and entered into the SOR is available to all law enforcement agencies within the State. To Organizations Serving Children, Elderly, and the Mentally Ill: Community notification is conducted by local law enforcement agencies in accordance with guidelines developed by the Child Abuse, Rape, and Domestic Violence Commission. Notification to organizations, schools and institutions is made for offenders determined to be medium (level 2) or high (level 3) risk. Procedures for Public Access: As of 4/98 there are no procedures for general public access to information from the Arkansas Sex Offender Registry system. As noted, community notification is conducted by local law enforcement; in some cases schools may notify parents of information received from a law enforcement agency. Internet Website: No as of April 1998. As of January 1999, the ACIC website provided information on the Arkansas law, the offenses requiring registration, and a numerical listing of the number of registered offenders in a given county, but did not post data on individual offenders. Summary of State Sex Offender Registries: California Responsible Agency: California Department of Justice, Division of Criminal Justice Information Services Who is in the Registry? Covered Offenses: Almost all sexual offenses involving adult and child victims require offender registration. Covered offenses include rape, sexual battery, child sexual abuse, sodomy, oral copulation, child pornography, kidnaping or assault with intent to commit a covered offense, pimping or pandering involving a minor, statutory rape, and indecent exposure, as well as specified juvenile sex offenses. Some of the covered crimes are misdemeanors. Mandated Registrants: All adults convicted in a California court of a covered offense since 1944. Also, those convicted of comparable offenses in Federal, military, or other State courts if the offender resides in or moves to California. Since 1986, juveniles convicted of specified offenses are required to register. Duration of Registration: Lifetime for all registrants, unless the offense is decriminalized. Offenders in Registry, 4/98: 78,000. The California Registry holds all those who have registered or who have received notification they should register. The latter group includes both those not yet released from incarceration and those who received formal notification to register but have absconded or otherwise evaded doing so. Automation of Sex Offender Registries, April 1998 Extent of database automation: Fully automated database. Some manual data entry is required. The California Sex Offender Registry is maintained as a separate data base within California's Violent Crime Information Network (VCIN). (FY'98 NSOR-AP funds were sought for VCIN interface with Department of Motor Vehicles files.) Database is linked to criminal history files: All sex offender registration history prior to April 1996 is on the automated criminal history system or on manual folder rap sheets. Since April 1996, registration information is maintained in the Violent Crime Information Network (VCIN). A flag is in the relevant criminal history file stating, "For current registration information inquire into VCIN." SOR transmits electronically to FBI interim system: No. (FY'98 NSOR-AP funds were sought to implement appropriate interface for electronic transfer of data to the FBI's permanent NSOR.) Text material for SOR database is received and entered electronically: Partially. Law enforcement and criminal justice agencies throughout the State can enter data directly into VCIN (which houses the SOR) through VCIN workstations and/or the California Law Enforcement Telecommunications System (CLETS). VCIN staff also enter data from hard copy submissions from local agencies, Department of Motor Vehicles, etc. After January 1999, criminal justice agencies are mandated to begin using only electronic submission of data for the SOR, thereby eliminating hard copy submissions. (FY'98 NSOR-AP funds were sought for intensive training of local agencies for e electronic transmission, etc.) SOR system has capability for electronic transmittal & storage of fingerprints: No. As of 4/98, the SOR and VCIN do not have this capability. Electronic fingerprints are stored in the California AFIS system. (FY'98 NSOR-AP funds were sought to provide the data to VCIN via an electronic interface.) SOR system has capability for electronic transmittal and storage of mugshots: Yes. As of 4/98, the capability exists for those with access to California State system Operation of Sex Offender Registries, April 1998 Source for Initial Information on Offender: Depending on the sentence, the initial information on an offender comes from Department of Corrections (DOC) if the sentence was to a prison term, from the courts (if probation), from the State hospital (if sentence is a commitment), or from the local jail administrator or sheriff (if jail). Prisons and jails submit data (records, fingerprints, etc.) when a mandated registrant begins his sentence, and it is entered in the SOR as "preregistration." As of 4/98, the initial data may be submitted electronically or as hard copy. DNA Sample: Yes. DNA samples are maintained at the State's DNA laboratory in Berkeley, California. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: No. California does not send an address verification notice or a reregistration reminder. Annual address verification is the registrant's responsibility and must be done in the 5 working days preceding or following his birthday. (Transients and sexually violent predators must verify their addresses every 90 days). SOR Notification Automated: Not applicable. Penalties for Noncompliance: If the underlying offense was a misdemeanor, then the first failure-to-comply is a misdemeanor, but the second such failure is a felony. If the underlying offense was a felony, then any failure-to-comply is a felony (it can and has been used as third strike in California's three-strikes-and-out legislation). Dissemination of Sex Offender Registry Data, April 1998 To Law Enforcement and Criminal Justice Agencies: SOR information is available to all California law enforcement and criminal justice agencies through the California Law Enforcement Telecommunications System (CLETS) or to those with access to Violent Crime Information Network (VCIN) workstations. Out-of-State agencies access SOR information through a criminal history query. To Organizations Serving Children, Elderly, and the Mentally Ill: Notification is responsibility of the local law enforcement agency where the offender resides. Legislation specifies the conditions for limited notification to organizations or to specific individuals or for broader public advisories and notification on high-risk sex offenders. Procedures for Public Access: Public access to SOR information is provided in two ways. California has a CD-ROM of serious and high- risk sexual offenders, and the State operates a 900 phone number for information on SOR. Adults living in California (other than convicted sex offenders) may view the CD-ROM at their local sheriff's office (the names of those viewing CD are maintained for 5 years). Internet Website: No. California does not have sex offender registrants on a website. Summary of State Sex Offender Registries: Colorado Responsible Agency: Colorado Department of Public Safety Who is in the Registry? Covered Offenses: Sexual assault in the first, second, or third degree; sexual assault on a child; incest; enticement, trafficking, or sexual exploitation of children; solicitation for child prostitution; procurement, pandering, or pimping involving children; patronizing a prostituted child; inducement of or solicitation for child prostitution; keeping a place of child prostitution; criminal attempt, conspiracy, or solicitation to commit any covered offense; and deferred judgement and sentence for any covered offense. Mandated Registrants: Any person convicted of a covered offense in Colorado on or after July 1, 1994 is required to register; also, persons convicted of comparable offenses in another State on or after July 1, 1994, and moving to Colorado; and persons convicted of covered offenses and released from the Colorado Department of Corrections (DOC) to the community on or after July 1, 1994. [A law to be effective 7/1/98 requires registration of persons convicted on or after 7/1/91 of unlawful sexual offenses or enticement of a child as defined in specified statute sections.] Duration of Registration: Duration of the registration requirement depends upon the seriousness of the offense. Offenders may petition the court for an order to discontinue the requirement to register after a specified number of offense-free years following the person's final release from the jurisdiction of the court. For example, offenders may petition after 20 years if convicted of a class 1, 2, or 3 covered felony; after 10 years if convicted of a class 4, 5, or 6 covered felony; after 5 years if convicted of a covered misdemeanor; or after the successful completion of a deferred judgment; or after successful discharge of a sentence if the offender was less than 16 years old at the time of the offense. Offenders in Registry, 4/98: 4,326 (does not include those to be released within the month). Automation of Sex Offender Registry Information, April 1998 Extent of database automation: Fully automated database. The electronic SOR files are maintained by the Colorado Bureau of Investigation (CBI) through its Colorado Crime Information Center (CCIC) program, but CBI is not the custodian of the official records. The official records remain at the local level where offender registers. (FY'98 NSOR-AP funds were sought for programming modifications and upgrades to the SOR database to enhance its integration with other databases.) Database is linked to criminal history files: No. SOR transmits electronically to FBI interim system: No. Colorado does not submit data directly to the FBI interim NSOR system. It submits data on sex offenders only via NCIC fingerprint submissions. (FY'98 NSOR- AP funds were sought for programming to ensure compliance with all NCIC 2000 and permanent NSOR requirements for transmission.) Text material for SOR database is received and entered electronically: Partial capacity exists as of 4/98. Information from the Department of Corrections (DOC) on upcoming releases of sexual offenders, and subsequent registration data from local law enforcement agencies are both sent electronically to CCIC for the SOR. (FY'98 NSOR-AP funds were sought to automate the input and inquiries from the courts, district attorneys, and local corrections agencies.) SOR system has capability for electronic transmittal & storage of fingerprints: Yes. SOR system has capability for electronic transmittal and storage of mugshots: Yes. Operation of Sex Offender Registries, April 1998 Source for Initial Information on Offender: Information comes from the courts if the sentence is probation, from the Department of Corrections (DOC) if it is a prison sentence. DOC places a "subject to registration" notice in the SOR when the offender is released, and the local law enforcement may (discretionary, not mandatory) enter information when the offender registers at his jurisdiction of residence. All send information electronically to Colorado Crime Information Center (CCIC). DNA Sample: Yes. However, it is not part of the SOR program. DNA and blood samples are now collected for all offenders in the Colorado State prison system. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: No. As of 4/98, Colorado has no address checks or verifications except as these may occur through parole activities. A registered offender moving within the State is required to register at his new location, and the local agency enters the new registration into the SOR system, but neither the local agency nor the State SOR program has any responsibility to verify the address. SOR Notification Automated: Not applicable. Penalties for Noncompliance: The first offense is a Class 2 misdemeanor, punishable by 3 to 12 months in jail and/or a fine of $250 - $1,000. Subsequent offenses are a Class 6 felony punishable by a minimum of one year in a State Department of Corrections facility. Dissemination of Sex Offender Registry Information, April 1998 To Law Enforcement and Criminal Justice Agencies: Information from the State's electronic SOR is available to all Colorado law enforcement and criminal justice agencies on-line through the Colorado Crime Information Center (CCIC). Out-of-State agencies may send an NLETS AM message for a search of the registry. To Organizations Serving Children, Elderly, and the Mentally Ill: Notification is the responsibility of local law enforcement agencies which may notify organizations or individuals "for reasons of public protection." As of April 1998, legislation does not mandate affirmative notification to specific organizations or institutions. Procedures for Public Access: As of 4/98, the public has access to information on registered sexual offenders only through the local law enforcement agency where the offender is currently registered. In Colorado, the SOR information is considered a public record. Internet Website: No. Summary of State Sex Offender Registries: Connecticut Responsible Agency: Connecticut Department of Public Safety Who is in the Registry? Covered Offenses: As of 4/98, Connecticut had no central SOR, only local registries maintained by each jurisdiction. A new law, to be effective 10/1/98, covers first through fourth degree sexual assault, aggravated first degree sexual assault, risk of injury involving sexual contact with a child, kidnaping, promoting prostitution with a minor, promoting a minor in obscene performance, public indecency when the victim is under 18, and conspiring, attempting, or directing the commission of a covered offense. Mandated Registrants: Registration is mandatory for all persons who were registered in Connecticut's local SOR system as of 10/1/98, for offenses against minors (offenses specified in law) released to community on or after 10/1/98, for sexually violent offenders (offenses specified in law) released to community on or after 10/1/88, for those committing felonies for sexual purposes (based on a court finding), for sexual offenders moving from out-of-State, and those convicted of sexual offenses in a military or Federal court. Registration is required both for those convicted and those found not guilty because of mental disease or defect. In Connecticut, the classification "sexually violent offender" includes both offenders meeting the Federal definition of sexually violent predators and offenders meeting the Federal definition of sexually violent offenders. Duration of Registration: Ten (10) years for those offenders convicted of crimes against victims who are minors. Life for those convicted of sexually violent offenses unless they apply to the court for relief and present evidence that there is no mental abnormality or personality disorder making reoffense likely. If the court refuses to terminate the registration requirement, the registrant cannot reapply for five years. For offenders from out-of-State, the 10 year registration period is presumed to have started when they were first released to the community. Offenders in Registry, 4/98: As of 4/98, there were no statewide figures. Under the new law, effective 10/1/98, Connecticut estimates that between 2,000 to 3,000 qualifying offenders will be registered within 18 months. (Connecticut estimates there are approximately 4,600 offenders with qualifying convictions, but many are incarcerated, and offenders do not register until they are released to the community.) Automation of Sex Offender Registries, April 1998 Extent of database automation: As of 4/98, none, as Connecticut had no central SOR Registry. [A centralized SOR with a fully automated database is being developed to conform with legislation passed May, 1998, and effective October 1, 1998. The statewide SOR, with Internet access became operational on January 1, 1999, utilizing an interim database. A more extensive, functional database is being developed.] (FY'98 NSOR-AP funds sought to establish automated central database.) Database is linked to criminal history files: No. As of 4/98, there was no database. The new statewide SOR, established on an interim basis beginning 10/1/98, utilizes the same file structure as the criminal history system. Further SOR system development is to establish a criminal history file relationship. SOR transmits electronically to FBI interim system: No. But transmission to the FBI interim system is planned as part of the new registry and system development. Text material for SOR database is received and entered electronically: No, as of 4/98. Electronic transmission and data entry is part of the new registry. The SOR is being developed using existing automated systems for obtaining and entering criminal history information from Judicial Information System (JIS), the Department of Corrections (DOC), and State and local law enforcement agencies. SOR system has capability for electronic transmittal & storage of fingerprints: Yes. The AFIS is already established within the Department of Public Safety and will be the repository of all fingerprint data. SOR system has capability for electronic transmittal and storage of mugshots: No, as of 4/98. No statewide system then existed for receipt and management of offender photo images. That capacity is being developed to serve SOR and other programs. (FY'98 NSOR-AP funds sought to implement photo imaging capture, management, and transmission capability meeting FBI standards.) Operation of Sex Offender Registries, April 1998 Source for Initial Information on Offender: As of 4/98, all registration was done locally and records remained at the local agency. For the new system effective 10/1/98, the central registry in Department of Public Safety (DPS) receives conviction information from the courts and completed registrations from the releasing institution or agency. Offenders must complete registration as a condition of release. All information is transmitted and entered electronically. DPS electronically notifies the local law enforcement agency where the offender resides. DNA Sample: As of 4/98, no. Effective 10/1/98, DNA samples are taken for all sexual offenders upon registration and prior to their release into the community. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: As of 4/98, under the local system, no address validation or reregistration required. Under the new law effective 10/1/98, nonforwardable verification forms are sent out by the DPS every 90 days for sexually violent offenders, and annually for those guilty of criminal offenses against a minor. If the offender does not respond within 10 days, the DPS notifies the local law enforcement agency, which is required to issue an arrest warrant. DPS also is establishing a sex offender registration enforcement unit to help locate those who fail to respond. SOR Notification Automated: As of 4/98, not applicable. Under the law effective 10/1/98, the verification process is automated with machine generated forms and mailing procedures. The forms incorporate bar coding to facilitate timely machine verification of the updates. Penalties for Noncompliance: As of 4/98, not applicable. Under the law effective 10/1/98, noncompliance is a Class D felony , punishable by one to five years in prison and/or a fine of up to $5,000. Dissemination of Sex Offender Registry Information, April 1998 To Law Enforcement and Criminal Justice Agencies: As of 4/98, registry information was available to law enforcement agencies for law enforcement purposes. With registries maintained at the local level, each agency had data only on its own jurisdiction, but could query other jurisdictions as necessary. Under the law effective 10/1/98, the Registry is accessible for query by law enforcement via Connecticut On Line Law Enforcement Communications Teleprocessing (COLLECT) and data will be provided to the FBI. To Organizations Serving Children, Elderly, and the Mentally Ill: As of 4/98, any organizational notification was a local decision. Under the law effective 10/1/98, the Department of Public Safety (DPS), any State police troop or any law enforcement agency is authorized to notify any government agency, organization, or individual of registration information believed necessary for public or individual safety. [A January 1999 report, by a statutorily established Sex Offender Registration Committee recommended interim community notification guidelines.] Procedures for Public Access: As of 4/98, the SOR was a public record pursuant to the freedom of information act, but available only through local police department or resident State police troop. Under the law effective 10/1/98, SOR information is posted on the Internet. Also, SOR data must be accessible through the DPS during normal business hours. Local law enforcement agencies and State police troops must make registrations on offenders in their jurisdictions accessible during business hours. Internet Website: As of 4/98, no Internet website. [Under the new law, an Internet website with SOR information became operational January 1, 1999, on the State of Connecticut, Department of Public Safety homepage. ] Summary of State Sex Offender Registries: Delaware Responsible Agency: Delaware State Police Who is in the Registry? Covered Offenses: The Delaware sex offender registry legislation essentially covers "all sexual offenses" as specified in Sections 764 through 779 and Sections 1108 through 1111 of Title 11 of Delaware Crimes and Criminal Procedure. Mandated Registrants: Individuals in any of the following categories are required to register: All persons convicted of a covered offense on or after the statute's effective date in 1994; anyone incarcerated for a covered offense and released to community on or after the statute's effective date regardless of date of conviction; anyone adjudged, after the statute's effective date, guilty but mentally ill or not guilty by reason of insanity for committing a covered offense; those convicted out-of-State and moving to Delaware. Duration of Registration: Lifetime. (In some cases individuals registered as a result of juvenile adjudications may later have their records expunged.) Offenders in Registry, 4/98: 800 Automation of Sex Offender Registries, April 1998 Extent of database automation: Fully automated SOR text database. The database is housed on the Delaware Criminal Justice Information System (CJIS). (FY'98 NSOR-AP funds were sought to enhance the existing registry and to integrate Delaware's AFIS, its mugshot system, NCIC 2000, Delaware website, and Delaware CJIS.) Database is linked to criminal history files: Yes. The Delaware SOR is part of the State's criminal history system which is also on CJIS. SOR transmits electronically to FBI interim system: No. Delaware is submitting information to the FBI interim system, but it submits text data on tape. (FY'98 NSOR-AP funds were sought for system modifications to meet FBI permanent NSOR standards.) Text material for SOR database is received and entered electronically: Yes. Most of the text material is submitted and entered into the SOR electronically. Information from the Department of Corrections (DOC)--including information from the jails--as well as information from the courts on dispositions comes via the CJIS. Some information from probation and some on out-of-State convictions requires manual data entry into SOR. SOR system has capability for electronic transmittal & storage of fingerprints: Yes. Delaware has the capability for electronic storage and transmission of fingerprints through its AFIS system, but, as of 4/98, AFIS was not fully integrated with the SOR. SOR system has capability for electronic transmittal and storage of mugshots: No. As of 4/98, a statewide capability to electronically transmit and store mugshots does not exist. (FY'98 NSOR-AP funds were sought to help develop a statewide mugshot system and to integrate it with both AFIS and SOR.) Operation of Sex Offender Registries, April 1998 Source for Initial Information on Offender: In Delaware, offenders are registered by the courts if they are sentenced to probation or given a fine. If offenders have been incarcerated, then the agency managing the facility--the Department of Corrections, Youth Rehabilitation Services, or the State Hospital-- registers them 45 to 90 days prior to their release. Out- of-State offenders must register personally with the State Bureau of Identification (SBI), Delaware State Police, within 7 days of arrival. All registering agencies use the Delaware Criminal Justice Information System (CJIS) computer system to register offenders electronically, so that all text information is entered directly into the SOR database. DNA Sample: No. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: As of 4/98, there is no address verification or annual reregistration. The offender is responsible for notifying the State Police of any change of residence after the initial registration, but probation officers also actively maintain contact with these offenders as part of their offender management responsibilities and help ensure that the SOR is notified of any change in the offender's address. (FY'98 NSOR-AP application reports Delaware plans to institute annual address verification. NSOR-AP funds were sought for automated support of the verification process.) B. SOR Notification Automated: Not applicable as of 4/98. (As noted, automated notification is planned for future, to be accomplished with NSOR funds.) C. Penalties for Noncompliance: Class G felony, requiring a prison term. Dissemination of Sex Offender Registry Information, April 1998 To Law Enforcement and Criminal Justice Agencies: Text information from the SOR is available through Delaware Criminal Justice Information System (CJIS), accessible to all criminal justice agencies in Delaware. Fingerprints are maintained in State's central AFIS and interfaced to CJIS. There is no central mugshot capability as of 4/98; most agencies take Polaroids and maintain their own mugshot files. (As noted, the statewide mugshot system is under development and will permit sharing photos across jurisdictions. Also, a new law, signed 4/21/98, requires that SOR registrants be identified by a "Y" on their driver's licenses, with the designation explained on back of license.) To Organizations Serving Children, Elderly, and the Mentally Ill: Notification of organizations is responsibility of the local law enforcement agency where the offender resides. Notification measures are based on the offender's assigned risk level which is determined by a risk assessment performed by the State Attorney General's Office. For Tier Two (moderate risk) and Tier Three (high risk) offenders, the law requires a "Community Organization Alert" to organizations serving children or women that are located in close proximity to the offender's residence or to places he visits regularly. The State Police may be involved only when no local agency has jurisdiction. Procedures for Public Access: As of 4/98, the only public access to SOR information is through the notification program conducted by the local law enforcement agency where the offender resides. Tier Two offenders require a "Community Organization Alert," Tier Three offenders require both a "Community Organization Alert" and a "Community Notification," which is targeted to a defined community or neighborhood. Local law enforcement agencies also have the discretion to notify any citizen about a specific offender who, they believe, poses a risk to that individual. (See also the new driver's license designation noted above.) Internet Website: No. As of 4/98, there is no SOR data on the Delaware website. (FY '98 NSOR-AP funds were sought to mount SOR data, including photos, on the State website, but for access only by law enforcement and criminal justice agencies, not by the general public.) Summary of State Sex Offender Registries: District of Columbia Responsible Agency: Metropolitan Police Department Who is in the Registry? Covered Offenses: As of 4/98, the covered offenses are all those listed in the D.C. Code 24-1101 through 1117, most of which are felonies. Mandated Registrants: Registration is mandatory for all persons (adult and juvenile) convicted of or adjudicated for a covered offense in the District of Columbia and certified by the court as a sexual offender. Registration also is mandatory for those convicted of covered offenses in the District of Columbia prior to the 1997 legislation, but on probation or parole when that legislation took effect, even though they have not be certified as a sexual offender by the court. In addition, registration is mandatory for offenders convicted of comparable crimes in other jurisdictions and moving into the District of Columbia. Duration of Registration: The registration requirement depends on the offender's risk classification: for Level 1(low risk) offenders, it is 10 years; for Level 2 (medium risk) offenders, it is 15 years; for Level 3 (high risk) offenders, there is a lifetime registration requirement. The risk assessment determination is made by the court, based on the advice and recommendation of the Sex Offender Advisory Council, a multi-disciplinary expert panel appointed by the mayor. Offenders in Registry, 4/98: 50 offenders were in the registry as of 4/98. [As of 1/21/99, there are a total of 86 offenders in the sex offender registry, of whom 36 were convicted for covered crimes in other jurisdictions and subsequently moved to the District of Columbia. As of 1/21/99, of the total of 86 registered offenders, 5 have been classified as to risk level. A formal risk assessment and classification as a Level 2, (moderate risk), or a Level 3, (high risk), is a pre-condition to any organizational or community notification.] Automation of Sex Offender Registries, April 1998 Extent of database automation: None as of 4/98. At that time the District of Columbia reported "the registry is entirely manual and the current Sex Offender Registry (SOR) information is maintained in a spreadsheet database." (By 9/98, D.C. implemented a full registration application, as interim measure, on police department mainframe. FY'98 NSOR funds are to support redesigning and rewriting the database in Oracle, migration off the mainframe, and implementation of a fully searchable and mappable SOR database.) Database is linked to criminal history files: No, not as of 4/98. (By 9/98, SOR database can be linked to the criminal history files through the police department ID number. With FY'98 NSOR funds, it will be a design choice in new Oracle-based system, whether the SOR is actually a part of, or, instead, is linked to, the criminal history files.) SOR transmits electronically to FBI interim system: No. As of 4/98, DC contributes to the FBI's interim system, but not electronically. Through a negotiated agreement with the FBI, DC began submitting text SOR data, in ASCII format on diskette in April 1998. Text material for SOR database is received and entered electronically: No. As of 4/98, all SOR data--from the Offender and Court Services Agency (courts, probation), from the Department of Corrections, from other parts of the Metropolitan Police Department, and through interstate compact--are received in hard copy and must be entered manually by SOR staff. (DC plans to use FY '98 NSOR grant funds to automate this and other SOR functions as part of permanent database design and implementation effort.) SOR system has capability for electronic transmittal & storage of fingerprints: Yes. The capability exists through the Metropolitan Police Department's AFIS system. This is now being decentralized, with the implementation of livescan units in each of the police districts. The availability of livescan in each district will permit the capture and transmittal of fingerprints at the point of arrest and booking. (FY'98 NSOR-AP funds sought for a livescan unit for the Sex Offender Registry Office.) SOR system has capability for electronic transmittal and storage of mugshots: Partial. Livescan implementation in each police district level will provide the capability for electronic transmission and storage of mugshots, but for use with SOR, it will require reprogramming livescan to accept SOR information and/or the development of a software procedure that allows scanned images to be stored in the SOR database via a Police Department Identification Number link. (FY'98 NSOR-AP funds sought for a mugshot capture station at the Sex Offender Registry Office.) Operation of Sex Offender Registries, April 1998 Source for Initial Information on Offender: Conviction and penalty information come from the DC Superior Court. Offender's release date, prospective address, and other prerelease information come from Department of Corrections. Conditions of release come from the Board of Parole. Risk assessment and classification level comes from the Sex Offender Advisory Council and the court. Confirmation of the address and employment data come from the offender when he is released and registers with the Metropolitan Police Department (MPD). All information comes in hard copy for manual data entry. DNA Sample: No. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Yes. Offenders classified as risk levels 1 or 2 (low or medium risk), are required to verify their addresses annually, and those classified as level 3 (high risk) every 90 days. The SOR unit sends out a registered, nonforwardable letter approximately 15 days ahead of offender's registration date. Offenders must appear personally at the SOR unit to reregister. B. SOR Notification Automated: Partially. The interim SOR system does generate a list of offenders whose reregistration dates fall within a specified timeframe. (FY'98 NSOR-AP funds sought for a permanent system that will generate a list of who is due to reregister, generate appropriate letters, track responses and identify who is overdue.) C. Penalties for Noncompliance: The first offense is a misdemeanor, punishable by not more than 6 months in jail and/or a fine of up to $1,000. A second or subsequent offense is a felony, punishable by up to five years in prison and/or a fine of up to $5,000. Dissemination of Sex Offender Registry Information, April 1998 To Law Enforcement and Criminal Justice Agencies: The SOR staff sends the offender's case jacket (hard copy) to the Sex Branch which notifies the Commander of the police district where the offender resides, and coordinates any community notification. [As of 1/99, this is constrained by the small number of offenders classified as to risk level. When the Sex Branch is decentralized in a planned police department reorganization, these responsibilities are expected to devolve to the SOR unit.] (FY '98 NSOR-AP funds sought to develop infrastructure to make SOR database available electronically to authorized users on Metropolitan Police Department Network.) To Organizations Serving Children, Elderly, and the Mentally Ill: As of 4/98, there were no formal procedures for notification of schools or youth-serving organizations. District of Columbia law permits community or organizational notification only for offenders with formal risk classifications of Level 2 (moderate risk) or Level 3 (high risk), as determined by the court based on recommendation of expert Sox Offender Advisory Council. [As of 1/21/99, only 5 registrants have formal risk classifications. With assessment and classification, all registrants must be treated as Level 1 (low risk).] (FY'98 NSOR-AP plans include developing a database of organizations that qualify for affirmative notification.) Procedures for Public Access: As of 4/98, there was no public access to SOR information. Community notification procedures are being developed by the police department and an interagency task group to reflect new legislation under development and the police department reorganization. As noted, community notification is constrained by the small number of registrants with risk assessments and classified risk levels. Internet Website No. There was no Internet website as of 4/98. There is some discussion of a website under the new legislation being developed, but no decision. Summary of State Sex Offender Registries: Florida Responsible Agency: Florida Department of Law Enforcement Who is in the Registry? Covered Offenses: Covered offenses include capital, life, or felony violations of Chapter 794 (a range of sexual battery offenses); a wide range of sexual offenses against children, such as lewd, lascivious, or indecent assault, or acts upon, or in the presence of, a child under 16; computer pornography involving a minor; distribution of obscene materials to a minor,; and attempts, solicitation, or conspiracy to commit any of the covered crimes. Mandated Registrants: There are two categories of mandated registrants, sexual predators and sexual offenders. Sexual predators, a classification involving a written court order, are (1) those convicted of (or found to have committed) a capital, life, or first degree felony violation of Chapter 794 on or after 10/1/93, or (2) those convicted of (or found to have committed) two second degree sexual felonies within a 10 year period, with the initial offense on or after 10/1/93. The sexual offender category includes all other persons convicted of (or found to have committed) any of the covered sexual offenses. Duration of Registration: Lifetime for both sexual predators and for sexual offenders. Both types of offenders can apply to be removed from the Registry after 10 offense-free years following their release from criminal justice supervision. All offenders seeking removal from the Registry must apply to the court through an attorney and pay all costs. The decision is at the discretion of the court. Offenders in Registry, 4/98: 9,000 Automation of Sex Offender Registries, April 1998 Extent of database automation: The Florida SOR has a fully automated database for both text and fingerprints, operated by the Florida Department of Law Enforcement (FDLE). (FY'98 NSOR-AP funds were sought for evaluation, training, and enhancement of current operations.) Database is linked to criminal history files Yes. The Florida SOR is part of the State's "Offender Database." When an entry is made into the SOR, the SOR automatically updates the FDLE Internet website and sends some information to the criminal history files. SOR transmits electronically to FBI interim system Yes. Text material for SOR database is received and entered electronically As of 4/98, there is partial capability in this area. The Department of Corrections (DC) electronically submits sexual offender registration data to FDLE and into the SOR. FDLE electronically enters data on sexual offenders and manually enters data on sexual predators into the Florida Crime Information Center (FCIC) "hot files". Change of address data (from Department of Corrections or Department of Motor Vehicles) is entered in FCIC electronically for sexual offenders, manually for sexual predators. Hard copy information from local law enforcement agencies requires manual entry. SOR system has capability for electronic transmittal & storage of fingerprints: Yes. The capability already exists and meets FBI standards. SOR system has capability for electronic transmittal and storage of mugshots: As of 4/98, partial capability exists in this area. (Under FY'98 NSOR award, FDLE plans major equipment upgrades for the Department of Corrections--especially probation and parole offices-- to improve mugshot transfer; to establish a photo image database for investigative purposes; and to provide the capability for geo-mapping offenders' residences.) Operation of Sex Offender Registries, April 1998 Source for Initial Information on Offender: If the court classifies the offender as a "sexual predator," the Clerk of Courts sends a hard copy of the court order to the Florida Department of Law Enforcement (FDLE) and to the Department of Corrections (DC). For incarcerated offenders, the DC electronically transmits registration information to FDLE for any sexual offender or sexual predator being released to the community or placed under community supervision. Local law enforcement agencies send the FDLE registration data (in hard copy) on out-of-State offenders or on those not under criminal justice supervision. DNA Sample: Yes. The Florida DNA database is maintained by the State Crime Lab. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: As of 4/98, no address verification or reregistration is conducted by the FDLE for the SOR. The FDLE is dependent on the information provided by probation and parole offices through Department of Corrections (DC). The DC electronically updates the SOR addresses every night. (FY'98 NSOR-AP funds were sought to support Florida's use of certified mail in its planned address verification program. Addresses of sexual predators will be verified every 90 days and those of sexual offenders annually.) SOR Notification Automated: As of 4/98, not applicable - see above. (The notification letters planned for the new address verification program will be automated.) Penalties for Noncompliance: Violation is a third degree felony. Dissemination of Sex Offender Registry Information, April 1998 To Law Enforcement and Criminal Justice Agencies: The Florida Department of Law Enforcement (FDLE), which operates the SOR, enters sexual offender and sexual predator data into Florida Crime Information Center (FCIC) "hot files," which are accessible to all State law enforcement personnel. When an offender is released from incarceration, a teletype notice is sent to all law enforcement agencies in the county where the offender plans to reside. When the FDLE is notified by the Departments of Corrections (DC) or Highway Safety & Motor Vehicles (DHSMV) of the change of address of a registered offender, the FDLE transmits it to law enforcement agencies in both the new and former counties of residence and updates FCIC hot file. To Organizations Serving Children, Elderly, and the Mentally Ill: Organizational notification is a local responsibility. For those offenders classified as "sexual predators" (determined by a court finding, based on type and/or number of offenses), the Sheriff or Chief Law Enforcement Officer of the jurisdiction where the predator will reside is required to notify the public (and organizations) "in a manner deemed appropriate." For other registered sexual offenders, notification is at the discretion of the local law enforcement agency. Procedures for Public Access: The general public has access to SOR information through the FDLE Internet Website, , through a toll-free phone line (1-888-357-7332), and through fliers and leaflets produced for community notification on sexual predators. Internet Website: Yes. Summary of State Sex Offender Registries: Georgia Responsible Agency: Georgia Bureau of Investigation Who is in the Registry? Covered Offenses: Sexually violent offenses and criminal offenses against a victim who is a minor are covered. Sexually violent offenses include rape, aggravated sodomy, aggravated child molestation, sexual battery, aggravated sexual battery, or an offense that has as its element physical contact with another person with intent to commit such an offense. Criminal offenses against a victim who is a minor include kidnaping, false imprisonment, or criminal sexual conduct toward a minor; solicitation of a minor to engage in sexual conduct or practice prostitution; or any conduct that is a sexual offense if committed against a minor. Mandated Registrants: Registration is required of those persons convicted of a covered offense on or after July 1, 1996 and of those persons incarcerated for a covered offense and released to the community (with or without criminal justice supervision) on or after July 1, 1996, independent of the date of their convictions. Based on a report by the Sexual Offender Registration Review Board and with court concurrence, those guilty of sexually violent offenses may be classified as Sexually Violent Predators. Duration of Registration: 10 years for sexual offenders. Lifetime for Sexually Violent Predators. Individuals classified as Sexually Violent Predators may apply to the Review Board after three years on unsupervised release to have their status changed to sexual offender. The Review Board submits a report and a recommendation to the sentencing court which makes the final decision. Offenders in Registry, 4/98: 1,200 Automation of Sex Offender Registries, April 1998 Extent of database automation: The Georgia text database is partially automated. As of 4/98, State and local agencies submit all information in hard copy. Database is linked to criminal history files: Yes. While the Georgia SOR is a separate database, it is linked to the State's criminal history file. A query to the SOR may not get the full criminal history in response, but any criminal history check will get the SOR information. SOR transmits electronically to FBI interim system: Yes. The entry of an offender registration into the Georgia Sexually Violent Offender Registry (SVOR) automatically triggers an electronic message to the FBI (and also to the sheriff of the offender's county of residence). (FY'98 NSOR-AP funds sought for NCIC 2000 workstations.) Text material for SOR database is received and entered electronically: No. As of 4/98, all information submitted by both State and local agencies is in hard copy and is entered manually. (Under FY'98 NSOR award, Georgia plans to automate the submission and entry process.) SOR system has capability for electronic transmittal & storage of fingerprints: Yes. The capability now exists to store all necessary fingerprint information concerning the SVOR. SOR system has capability for electronic transmittal and storage of mugshots: No. As of 4/98, Georgia does not have the capability to store mugshot images in conjunction with registration information. ( FY'98 NSOR-AP funds were sought for digital cameras and pc's for DOC prisons, for probation offices and for State Board of Pardons and Parole offices, and also for a pilot program in one sheriff's department.) Operation of Sex Offender Registries, April 1998 Source for Initial Information on Offender: Information on offenders comes from the Department of Corrections (through individual prisons in the Prison Division or from field offices in the Probation Division) by facsimile transmission or through the mail. Information from the State Board of Pardons and Paroles (through individual field offices) also comes by facsimile or by mail. Information normally is submitted when the offender is released to the community. It is then is keyed into the Sexually Violent Offender Registry (SVOR) database via the Georgia Criminal Justice Information System (CJIS) network, triggering automated notification to both the local sheriff and the FBI. DNA Sample: Yes. The Division of Forensic Science is responsible for the DNA samples and database. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Yes. The SVOR unit sends out certified notification letters (annually for sexual offenders, every 90 days for sexual predators), and the offender must respond confirming his address. If a letter is returned as undeliverable, the SVOR unit notifies the local sheriff, who conducts a physical check. If the offender is not located, the sheriff issues a warrant for his arrest. B. SOR Notification Automated: Yes. C. Penalties for Noncompliance: First and second failures to comply are misdemeanors, incurring a fine. A third offense is a felony carrying a sentence of imprisonment for not less than one nor more than three years. (Amendments to be effective 7/1/98, make the second offense a felony.) Dissemination of Sex Offender Registry Information, April 1998 To Law Enforcement and Criminal Justice Agencies: Dissemination to law enforcement and criminal justice agencies takes place in two ways. When the Georgia Crime Information Center (GCIC) enters or updates information in the Sexually Violent Offender Registry (SVOR), that action automatically triggers a notice to the sheriff of the offender's county of residence as well as a notice to FBI. The information is available to other law enforcement and criminal justice agencies through a criminal history query. To Organizations Serving Children, Elderly, and the Mentally Ill: As of 4/98, organizational notification is the responsibility of, and at the discretion of, the local sheriff. (A 1997 State Attorney General's opinion states that the sheriff must release relevant information for offenders classified as sexually violent predators, but that he has the authority to determine the specific information to be released and the manner of dissemination.) Procedures for Public Access: As of 4/98, public access to information on registered sex offenders is at the discretion of the local sheriff. Georgia's legislation states that sheriff "shall release relevant information collected under this Code section that is necessary to protect the public . . ." and stipulates "nothing herein shall prevent any sheriff from posting this information in any public building." As of 4/98, a number of sheriffs posted information on registered sexual offenders in their jurisdictions on their Internet websites. Internet Website: No, not as of 4/98. [As of 9/98, a site was mounted. ] Summary of State Sex Offender Registries: Hawaii Responsible Agency: Hawaii Criminal Justice Data Center Who is in the Registry? Covered Offenses: Sexually violent offenses and criminal offenses against a victim who is a minor are covered in the Hawaii legislation. Mandated Registrants: Any offender who has been convicted of a covered offense is required to register. The law applies retroactively to any offender who has ever been convicted of a covered crime in the State of Hawaii, independent of the date of conviction. Duration of Registration: Lifetime. Offenders in Registry, 4/98: Over 700 individuals in the Registry, as of 4/98 (and over 1,000 as of 11/98). Estimates of additional persons convicted of qualifying offenses but who have not registered range from 1,000 to 3,000. Automation of Sex Offender Registries, April 1998 Extent of database automation: Partial. The SOR text database is fully automated and is managed by the Hawaii Criminal Justice Data Center (HCJDC). Submissions from outlying criminal justice agencies, however, may be in hard copy. The capability for out-of-State transmission is limited, and the capability to capture, store, and transmit fingerprints or mugshots electronically is limited. (FY'98 NSOR-AP funds were sought to enhance the automation of registries, to evaluate the data quality, and to make SOR data available for background checks.) Database is linked to criminal history files: Yes. A query to either the criminal history files or to the Sex Offender Registry also triggers a check of the alternate database and release of relevant information. SOR transmits electronically to FBI interim system: No, as of 4/98. [Effective 12/98, Hawaii initiated electronic transmission to the FBI's interim system.] Text material for SOR database is received and entered electronically: As of 4/98 there is partial capability in this area. Direct, online entry of registration information and/or updates of offenders' addresses is possible for criminal justice agencies with a computer connection to the Registry through the central repository of criminal history record information (OBTS/CCH). HCJDC reports, however, that dozens of sites statewide do not have a computer connection to the Registry and therefore submit all material in hard copy for manual data entry. SOR system has capability for electronic transmittal & storage of fingerprints: As of 4/98, partial capability exists. Hawaii's AFIS is undergoing a major upgrade to incorporate livescan and digital transmission from the HCJDC to the FBI and its National databases, but local Hawaiian jurisdictions still have to take fingerprints manually and submit hard copy cards to HCJDC. SOR system has capability for electronic transmittal and storage of mugshots: As of 4/98, partial capability exists. The HCJDC has online capture and access capabilities, but the current system is unable to display photos to criminal justice agencies throughout the State. Mugshots for public notification are maintained in 3-ring binders at Criminal History Public Access sites and county police stations. (FY'98 NSOR-AP funds were sought for mugshot capture workstations.) Operation of Sex Offender Registries, April 1998 Source for Initial Information on Offender: County police and sheriff departments and other agencies of jurisdiction provide registration data to the Hawaii Criminal Justice Data Center (HCJDC) when the offender is released to the community or appears at his local to register. Local agencies can use direct, online entry if they have computer connections to the HCJDC registry. Local police departments also take the offender's fingerprints and mugshot and send hard copy of those items to HCJDC. DNA Sample: No. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: No, as of 4/98. Address validation was not conducted at that time. [A requirement for address verification every 90 days for all sex offenders became effective July 1, 1998. Under this program, HCJDC sends mailers to all registered offenders every 90 days, and monitors responses for accuracy, for updating information and for potential arrests and prosecution by appropriate agencies in instances of noncompliance.] SOR Notification Automated: As of 4/98, not applicable. [Under the address validation program initiated 7/1/98, the process is partially automated. Offender data required for notification is extracted every 90 days from the registry, and letters are generated for the mailing.] Penalties for Noncompliance: Misdemeanor or a felony Class C. Dissemination of Sex Offender Registry Information, April 1998 To Law Enforcement and Criminal Justice Agencies: Law enforcement and criminal justice agencies can access SOR data through searches of the criminal history files maintained by Hawaii Criminal Justice Data Center (HCJDC). To Organizations Serving Children, Elderly, and the Mentally Ill: Public information on registered sex offenders is available to schools, and organizations serving children, the elderly, the mentally ill, or other vulnerable populations at the HCJDC office and at main county police stations. Procedures for Public Access: Hawaii's legislation specifies the specific items of SOR data that are to be accessible to public. Public record registration data is currently available at the police department for the county where the offender lives and at the Hawaii Criminal Justice Data Center (HCJDC). This information is also integrated into the Criminal History Public Access facility, which can be used by general public for background checks via various search options. Internet Website: No. Summary of State Sex Offender Registries: Idaho Responsible Agency: Idaho Department of Law Enforcement Who is in the Registry? Covered Offenses: As of 4/98, covered offenses are sexual abuse of a child under 16, ritualized abuse of a child, sexual exploitation of a child, possession of sexually exploitive material for other than commercial purposes, lewd conduct with a minor, sexual battery of a child 16 or 17, rape, male rape, crimes against nature, and forcible sexual penetration using a foreign object. [Law effective 7/1/98 modifies rape to exclude statutory rape where the defendant is 18 years of age or younger, and adds the following offenses: assault and/or battery with intent to commit rape, infamous crime against nature, or lewd and lascivious conduct with a minor, but excluding mayhem, murder or robbery; murder committed in perpetration of rape or in perpetration of lewd conduct with a child less than 12 years of age; indecent exposure, but excluding a misdemeanor conviction; first degree kidnaping committed for the purpose of rape, committing the infamous crime against nature or for committing any sexual act or purposes with any child under the age of 16; second degree kidnaping where the victim is an unrelated minor child; and incest.] Mandated Registrants: Any person who, on or after July 1, 1993, is (a) convicted of a covered crime; (b) released to the community following an earlier conviction of covered crime; or (c) enters the State with a conviction for a comparable crime in another State, Federal, miliary, or tribal court is required to register in accordance with the Idaho State and regulations. Duration of Registration: Lifetime. As of 4/98, sexual offenders may apply to the district court for expungement 10 years after the termination of criminal justice supervision. [Under law effective 7/1/98, the Sexual Offender Classification Board assesses the risk of reoffense of those convicted of violent sexual crimes. The Board can designate the offender to be a "violent sexual predator." Sexual predators may not apply for expungement.] Offenders in Registry, 4/98: 1,710 Automation of Sex Offender Registries, April 1998 Extent of database automation: SOR text database is automated, but information from the local sheriff and (under a new law to be effective 7/1/98) from Department of Corrections (DOC), courts, and local police departments is submitted in hard copy. (FY '98 NSOR-AP funds were sought to support the upgrading database to comply with new law and support the address verification and reregistration of offenders.) Database is linked to criminal history files: No. The SOR is maintained separately from the criminal history files to avoid any confusion in the access requirements because of the different laws governing each. However, the SOR can be accessed through the Idaho Law Enforcement Telecommunications System (ILETS) and is automated as a "hot file"--that is, it comes up on routine traffic stop inquiries, etc. SOR transmits electronically to FBI interim system: No. Not as of 4/98, but Idaho is creating a new automated database to comply with the new SOR law taking effect 7/1/98. Electronic submission of text data to the FBI interim system is to be initiated in November 1998. Text material for SOR database is received and entered electronically: No. As of 4/98, all information is submitted in hard copy, and that is expected to continue. SOR system has capability for electronic transmittal & storage of fingerprints: As of 4/98, partial capability exists. The capacity for electronic storage and transmission of fingerprints exists through the State's AFIS, which is also housed in the Bureau of Criminal Identification, Department of Law Enforcement (DLE), but fingerprint submissions to the SOR from other agencies are in hard copy and require scanning. SOR system has capability for electronic transmittal and storage of mugshots: No. (FY'98 NSOR-AP funds were sought for digital mug shot systems to permit the electronic transmission of photos from the DOC to the Registry, and the digitalizing at DLE of the Polaroid photos submitted with registration data.) Operation of Sex Offender Registries, April 1998 Source for Initial Information on Offender: As of 4/98, the offender registers with local sheriff who forwards his photo, prints, and information in hard copy to the SOR. Effective 7/1/98,"initial" registration will come from the courts (if the offender receives a probation sentence) or from Department of Corrections (if he was incarcerated), and a file will be opened in central registry. When the offender is released to the community, he must register with the local sheriff within 5 days of entering the county. This information also will be sent to central SOR registry in hard copy. DNA Sample: Yes, but blood and/or DNA samples are collected under a separate law. That process is administered by the Bureau of Forensic Services Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: No. As of 4/98, Idaho has no validation requirement. Under the new law effective 7/1/98, the Department of Law Enforcement (DLE) sends out nonforwardable notification letters--annually for sexual offenders, and quarterly for violent sexual predators. Annual reregistration is to be done in person at the local sheriff's office. B. SOR Notification Automated: As of 4/98, not applicable. Under the law effective 7/1/98, notification notices will not be automated. C. Penalties for Noncompliance: Violation is a felony, punishable by incarceration for up to five years and/or a fine of up to $5,000. (Law effective 7/1/98 includes revocation if the offender is on probation or supervised release.) Dissemination of Sex Offender Registry Information, April 1998 To Law Enforcement and Criminal Justice Agencies: The text content of the SOR is available online to all criminal justice agencies with access to the Idaho Law Enforcement Telecommunications System (ILETS). When a law enforcement officer makes a driver's license inquiry or a wanted person inquiry (State or National), ILETS will cross-check the automated SOR database. (FY'98 NSOR-AP application sought support for a series of seminars for the criminal justice community on registration, reporting, and access requirements of new program) To Organizations Serving Children, Elderly, and the Mentally Ill: As of 4/98, no organizational notification is conducted. Under new law effective 7/1/98, the Department of Law Enforcement (DLE) makes affirmative notification to the Departments of Education and Health & Welfare and provides schools and organizations working with youth, women and/or vulnerable populations with free public access to statewide lists and responses to individual inquiries. (FY'98 NSOR-AP application sought funds for seminars to inform the educational community and the general public about access to and use of registry information) Procedures for Public Access: The general public has access to SOR information under Idaho's open records law. A citizen may inquire whether an individual is a registered sex offender, by submitting a written inquiry to the Department of Law Enforcement (DLE), including the subject's name and his date of birth or address. [Effective 7/1/98, public access will be expanded. Citizens can request lists of registrants by zip code or county for $5.00 per query and can make requests through either DLE or local sheriff. DLE will issue quarterly press releases of offenders not in compliance with SOR requirements for media pick-up.] Internet Website: No. Summary of State Sex Offender Registries: Illinois Responsible Agency: Illinois State Police Who is in the Registry? Covered Offenses: Felony and misdemeanor sex offenses or attempts, the murder of a child, kidnaping, unlawful restraint, and convictions of comparable crimes in another State or in Federal court are covered in the Illinois law. Mandated Registrants: Individuals convicted of a covered offense or found not guilty by reason of insanity on or after July 16, 1986, are required to register. Duration of Registration: Persons classified as sexual offenders must register for 10 years from the date of their conviction if sentenced to probation or for 10 years from the date of their release if they were confined. For individuals classified as sexually dangerous persons, lifetime registration is required. Offenders in Registry, 4/98 There are 14,300 individuals in the Registry, 12,00 of whom have registered. Automation of Sex Offender Registries, April 1998 Extent of database automation: The Illinois SOR has a fully automated text database. The "initial notification" is done at the time of conviction if the offender receives a probation sentence, or prior to release if he is confined. This data opens the offender's SOR file, which is entered in Illinois Law Enforcement Agencies Data System (LEADS) and available Statewide to law enforcement. Automated "tickler" systems alert the SOR and the relevant local agency of the offender's anticipated arrival, any failure to register locally in required timeframe, the times for annual reregistration, any failures to reregister, and so on. While the text database it self is automated, much of the data entry is manual. Database is linked to criminal history files: Partially--it is linked for law enforcement purposes. Any routine law enforcement query of LEADS elicits SOR information together with the criminal history record. As of 4/98, however, background checks for employment normally check only criminal history records. (FY'98 NSOR application sought support to more fully integrate SOR with the criminal history and other State systems.) SOR transmits electronically to FBI interim system: No. As of 4/98, Illinois provides SOR data to the FBI interim system, but only through batch processing as opposed to real-time, online reporting. (FY'98 NSOR- AP funds sought for full interface with NCIC 2000) Text material for SOR database is received and entered electronically: There is partial capability in this area. As of 4/98, considerable data entry is done manually, in some cases following a manual search of local records. (FY'98 NSOR application sought support for manual searches of records in three counties and subsequent entry of information on previously convicted offenders qualifying for registration.) SOR system has capability for electronic transmittal & storage of fingerprints: Yes. This capability is available through the Illinois AFIS system. SOR system has capability for electronic transmittal and storage of mugshots: No. While mugshots are part of the Sex Offender Registry, as of 4/98, the photos are not digitalized. (FY'98 NSOR-AP funds sought for mugshot transmission pilot project.) Operation of Sex Offender Registries, April 1998 Source for Initial Information on Offender: Initial information comes from sentencing court (if the offender receives probation) or from the county jail or the Department of Corrections (if the offender is confined). Subsequent information comes from the local law enforcement agency when the offender registers in person. DNA Sample: Yes, but not as part of the SOR. DNA sampling is part of a separate CODIS system within the Illinois State Police. (FY'98 NSOR applications sought support to link SOR and CODIS more closely.) Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Yes. Annual notification notices for sexual offenders-- and quarterly notices for those classified as high risk offenders--are sent as nonforwardable letters by the Intelligence Bureau of the Illinois State Police. B. SOR Notification Automated: Yes. C. Penalties for Noncompliance: Noncompliance is a Class 4 felony, punishable by one to three years in prison. Dissemination of Sex Offender Registry Information, April 1998 To Law Enforcement and Criminal Justice Agencies: SOR information is available online, 24 hours per day, to every Illinois law enforcement agency through the Illinois Law Enforcement Agencies Data System (LEADS). The status of a specific offender (registered, not registered, conditions of parole/probation, etc.) is immediately available to any agency conducting a routine query, including a traffic stop. To Organizations Serving Children, Elderly, and the Mentally Ill: The Illinois State Police (ISP) provide quarterly lists of sex offenders to all schools, child care facilities, and to the Illinois Department of Children and Family Services. Local law enforcement agencies developed lists of local organizations that serve children and make sex offender information available to them. By administrative rule, each law enforcement agency must designate a liaison to assist schools, child care facilities, youth groups, and the public regarding access and use of SOR information. Procedures for Public Access: The local law enforcement "liaison" (see above) assists the public in access and use of the SOR information when an offender is identified as working or residing in circumstances that might compromise public safety. The Illinois State Police (ISP) also operates an automated victim notification program (at the victim's request, he/she is notified of the offender's release, address changes, death of offender, etc.) Local law enforcement agencies also have discretion to provide SOR information to any person or entity likely to encounter the offender. Internet Website No, not on a State of Illinois website. A privately- operated website has posted the Illinois county-level lists it has obtained. Summary of State Sex Offender Registries: Indiana Responsible Agency: Indiana Criminal Justice Institute Who is in the Registry? Covered Offenses: Rape, criminal deviate conduct, child molesting, child exploitation, vicarious sexual gratification, child solicitation, child seduction, sexual battery, sexual misconduct with a minor as a Class A or B felony, incest, also kidnaping if the victim is under 18 years of age, and criminal confinement if the victim is under 18 years. Mandated Registrants: The following persons are required to register: anyone convicted of the first 10 crimes after June 30, 1994; anyone convicted of last two crimes after June 30, 1998; persons residing in Indiana but convicted of substantially equivalent offenses in other States after the effective dates; juveniles 14 or over, who are adjudicated delinquent for an act that would be a covered offense if committed by an adult and found by a court to be likely to repeat such an act. Duration of Registration: Local registration is required for 10 years following the sexual offender's release to the community for everyone except those determined to be sexually violent predators. For sexually violent predators, the registration requirement is for an "indefinite" period. Only those persons identified as sexually violent predators may petition the court, at least 10 years after sentencing, to have the determination of sexually violent predator removed from their name on the Registry. While local registration is required for 10 years, an offender's name appears in the State's SOR Registry for his lifetime. Currently, there is no provision for petitioning for the removal of a name from the central Registry once it is listed. Offenders in Registry, 4/98: Approximately 9,500 Automation of Sex Offender Registries, April 1998 Extent of database automation: Partial. The SOR text database itself is automated, but it is not linked to other automated systems or to local law enforcement agencies. The Indiana State SOR consists of 4 separate databases of qualifying offenders: one section prospectively covers the period since 1994 when the SOR was established by statute, and three sections retrospectively cover periods before the legislation was enacted--a Department of Corrections database, a prosecuting attorneys' database, and a State Police database. The databases are not linked. Database is linked to criminal history files: No. Indiana criminal history files are maintained by the State Police. The SOR database is maintained by the Indiana Criminal Justice Institute (CJI). Indiana data for the National Sex Offender Registry (NSOR) will be transmitted to the FBI by the State Police criminal records repository, not via the SOR maintained by CJI. SOR transmits electronically to FBI interim system: No. As of 4/98, this capacity does not exist within the CJI. Text material for SOR database is received and entered electronically: No. All current data from all submitting agencies is provided in hard copy. The Indiana CJI normally updates the SOR three times a year. [New 1998 legislation mandates that updates be performed at least every six months.] When the SOR is updated, CJI provides the information to the State Police. SOR system has capability for electronic transmittal & storage of fingerprints: No, not as of 4/98. The Indiana CJI reports that all livescan hardware will be in place by 4/99, although some issues pertaining to local transmission may remain. The purchase of livescan equipment is being supported by BJS NCHIP funds. 1998 legislation directs that correctional facilities releasing a qualifying offender provide his fingerprints (and other identifiers including a photo) to the State Police, and that the State Police send the fingerprints to the FBI. SOR system has capability for electronic transmittal and storage of mugshots: No, not as of 4/98. Indiana CJI reports that livescan hardware will be in place by 4/99 (see preceding section) but that the initial priority will be on ensuring fingerprint submission. Operation of Sex Offender Registries, April 1998 Source for Initial Information on Offender: Current information is submitted to the Indiana Criminal Justice Institute (CJI), by the State courts, the State Department of Corrections, local jails, local law enforcement agencies, county prosecutors and other State criminal justice agencies. All information is submitted in hard copy. DNA Sample: No. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: No. As of 4/98, Indiana SOR did not require any validation or reregistration. Legislation to be effective 7/1/98 institutes annual verification (quarterly for predators), but makes local law enforcement agencies responsible for the notification letters to offenders, conducting verification, and conducting follow-up. The local law enforcement agency notifies the State SOR if the offender fails to return a signed verification form. B. SOR Notification Automated: Not applicable as of 4/98. Effective 7/1/98, local law enforcement agencies will implement the notification procedures. The degree of automation within local agencies is not known, but larger departments may automate the notification process. C. Penalties for Noncompliance: The first offense is a D felony. Subsequent offenses are C felonies. The penalty for a D felony is 1-1/2 years in prison with not more than 1-1/2 years added for aggravating circumstances or 1 year subtracted for mitigating circumstances. The penalty for a C felony is 4 years in prison with not more than 4 years added for aggravating circumstances and not more than 2 years subtracted for mitigating circumstances. Both C and D felony penalties can also include a $10,000 fine. Dissemination of Sex Offender Registry Information, April 1998 To Law Enforcement and Criminal Justice Agencies: The SOR data is available to State law enforcement and criminal justice agencies in response to queries, but it is not on a computerized network directly accessible to law enforcement agencies. Agencies also may obtain copies of the updates sent to schools and youth organizations. To Organizations Serving Children, Elderly, and the Mentally Ill: The SOR data and all updates are sent (in hard copy) to all public and private schools, the Indiana Family and Social Services Administration and their licensees (such as group homes), and to agencies that work with children and have requested copies. The SOR unit also places copies in all public county libraries. This information contains all four databases. Since July 1, 1994, the Criminal Justice Institute (CJI) has made SOR information available on a computer diskette. Procedures for Public Access: The general public has access to SOR data in hard copy in public libraries throughout the State and on State of Indiana website on the Internet. Since July 1, 1994, it also has been made available on computer diskette. The SOR data available to the public does not include street addresses, but does reflect all four databases. Internet Website: Yes. The Indiana SOR is on the Internet at Summary of State Sex Offender Registries: Iowa Responsible Agency: Iowa Department of Public Safety Who is in the Registry? Covered Offenses: Covered offenses include criminal offenses against a minor, sexual exploitation, and sexually violent crimes. Mandated Registrants: Individuals convicted or adjudicated of a covered offense on or after July 1, 1995, or who were on probation, parole or work release status, or who were incarcerated on or after July 1, 1995 must register. Requirement includes individuals who have received a deferred sentence or deferred judgments and those with comparable convictions from other jurisdictions who move into Iowa. Duration of Registration: Sexual offenders must register for 10 years from the date of their release to the community. For sexually violent predators (those convicted of a qualifying offense as specified in the Federal Violent Crime Control and Law Enforcement Act of 1994, Public Law No. 103-322), the registration requirement is for an indeterminate period ending only upon a formal determination by the sentencing court. Offenders in Registry, 4/98: 2,240 Automation of Sex Offender Registries, April 1998 Extent of database automation: The SOR text database itself is automated, with manual entry of the text from hard copy submissions. The Iowa SOR is maintained as a totally separate database in the "Iowa On-line Warrants and Articles System" (IOWA System), the IOWA equivalent to NCIC. While the IOWA System can interface directly with the FBI, the Sex Offender Registry, as of 4/30/98, does not. (FY'98 NSOR-AP funds sought to up