Department of Justice Office of Justice Programs Bureau of Justice Statistics Summary of State Sex Offender Registries: Automation and Operation Appendices 1-5 August 1999 NCJ 177621 The body of this report is in a separate file. To view the report go to http://www.ojp.usdoj.gov/bjs/pub/ascii/ssorao.txt. 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. Appendix 1: Organizational Locus of State Sex Offender Registry, April 1998 Department of State Police (or Office of the Department of Other State Name Public Safety Patrol or Troopers) Attorney General Corrections Agency Name of Agency (where different than column heading) and/ or Comment Alabama X X Department of Public Safety (DPS) and Alabama Criminal Justice Information Center (ACJIC) operate the program together. DPS maintains official record and photo and operates notification program. ACJIC maintains all automated files, including criminal history files, and submits data to FBI. Alaska X Alaska State Troopers Arizona X Arkansas X Arkansas Crime Information Center (also the SAC for Arkansas) California X California Department of Justice, Division of Criminal Justice Information Services Colorado X Connecticut Connecticut State SOR began operations 10/ 1/ 98 in Department of Public Safety Delaware X District of Columbia X District of Columbia Metropolitan Police Department Florida X Florida Department of Law Enforcement Georgia X Georgia Bureau of Investigation Hawaii X Hawaii Criminal Justice Data Center (HCJDC is also Hawaii's State ID Bureau) Idaho X Idaho Department of Law Enforcement Illinois X Indiana X Indiana Criminal Justice Institute (independent state agency, also is Indiana SAC) Iowa X Kansas X Kentucky X Louisiana X Maine X Maryland X Maryland SOR housed in Department of Public Safety and Correctional Services Massachusetts X Massachusetts Criminal History Systems Board (independent state agency) Michigan X Minnestoa X Mississippi X Missouri X Missouri State Highway Patrol Montana X Montana Department of Justice Nebraska X Nebraska State Patrol Nevada X Department of Motor Vehicles and Public Safety, Nevada Highway Patrol Division and Nevada Parole and Probation Division New Hampshire X New Jersey X X The State Police maintain and operate the automated Sex Offender Registry, based on registration submissions that come through the 21 county prosecutors. Office of the Attorney General interprets the law, establishes all policy, and oversees all community notification and dissemination. New Mexico X New York X New York Division of Criminal Justice Services (independent State agency) North Carolina X North Dakota X Ohio X Oklahoma X Oregon X Pennsylvania X Rhode Island X South Carolina X South Carolina Law Enforcement Division South Dakota X Tennessee X Tennessee Bureau of Investigation Texas X Utah X Vermont X Virginia X Washington X Washington State Patrol West Virginia X Wisconsin X Wyoming X --------------------------------------- APPENDIX 2: WHO IS IN THE REGISTRY Covered Mandated Duration of Offenders in State Offenses Registrants Registration Registry, 4/98 Alabama Criminal sexual offense (Alabama Code 13-A, 6-60 through All those convicted of a covered offense and Lifetime 440 in community notification 70). Note: As of 4/98, there were some differences between released to the community on or after May register offenses requiring registration and those requiring community 1996, plus those released earlier but moving to notification, but amendments to be effective 8/1/98 should a new address after May 1996 (and thus being reconcile differences. required to register because of a change of address). Alaska Sexual assault in first, second, or third degree; sexual abuse All persons convicted of a covered offense, or 15 years for a single offense; for multiple offenses, 3,535 total. Alaska maintains 5 of a minor in first, second or third degree; incest; unlawful on probation for a covered offense on or after lifetime registration categories of persons required to exploitation of a minor; child pornography; distribution of child July 1, 1984 must register, including those register. In 4/98, they were: pornography; promoting prostitution in the first degree. moving in from out-of-State with similar registered sex offenders - 1,694; convictions. registered sex offenders not in compliance - 301; convicted sex offenders who never registered - 478 sex offenders required to register but in jail in Alaska (for any offense) - 693; sex offenders required to register but reported to be out-of-State - 269. Arizona Sexual abuse if victim is under 15; sexual conduct with a All Arizona residents convicted of a covered Lifetime for adult offenders. Registration 9,200 minor; sexual assault (rape); child molestation; continuous offense on or after the effective date of original requirement for juveniles ends when they become 25. sexual abuse of a child; sexual exploitation of a minor; SOR legislation in 1983. Offenders moving commercial sex exploitation of a minor; the second or from out-of-State with convictions for covered subsequent incident of indecent exposure to someone under 15; offenses must register even if both conviction second or subsequent incident or public indecency to a and release were prior to 1983. Local sheriff's minor under 15; the third or subsequent incident of indecent staff evaluated the out-of-State offense to exposure (age not a factor). determine if registration is mandated. Arkansas Rape; carnal abuse in first, second or third degree; sexual All convicted sexual offenders released to the For "sexual offenders," registration is a minimum of 958 (as of 2/9/98) misconduct; sexual abuse in first or second degree; sexual community on or after the effective date of the 15 years. For those classified as "sexual predators", solicitation of a child; violation of a minor in first or second legislation, August 1, 1997, and those persons registration requirement is a minimum of 20 years; degree; incest; sexual exploitation of children; promoting required to be registered under the former Offender may petition the court for removal after the prostitution in the first degree; stalking; transporting minors for "Habitual Child Sex Offender Registration Act." minimum time requirement. prohibited sexual conduct; offenses related to use of a child The Arkansas Attorney General has ruled that in sexual performance; attempt, solicitation or conspiracy to the registration requirement covers all sexual commit these offenses; conviction of similar offenses in other offenders who were convicted and under some jurisdictions. form of criminal justice supervision on August 1, 1997, regardless of date of conviction. California Almost all sex offenses involving adult and child victims All adults convicted in a California court of a Lifetime for all registrants, unless the offense is 78,000 The California Registry require offender registration. Covered offenses include rape; covered offense since 1944. Also, those decriminalized holds all those who have sexual battery; child sexual abuse; sodomy; oral copulation; convicted of comparable offenses in Federal, registered or received notification child pornography; kidnaping or assault with intent to commit military, or other State courts if the offender they should register. The latter a covered offense; pimping or pandering involving a minor; resides in or moves to California. Since 1986, group includes both those not yet statutory rape; and indecent exposure, as well as specified juveniles adjudicated delinquent for specified released from incarceration and juvenile sex offenses. Some of the covered crimes are offenses also are required to register. those who received formal misdemeanors. notification to register but have absconded or otherwise evaded doing so. Colorado Sexual assault in the first, second, or third degree; sexual Any person convicted of a covered offense in Duration of registration depends upon the 4,326 (does not include those to assault on a child; incest; enticement, trafficking, or sexual Colorado on or after July 1, 1994; persons seriousness of the offense. Offenders may petition be released within the month) exploitation of children; solicitation for child prostitution; convicted of comparable offenses in other court for order to discontinue the requirement after procurement, pandering, or pimping involving children; States on or after July 1, 1994, and moving to specified number of offense-free years following the patronizing a prostituted child; inducement of or solicitation Colorado; and persons convicted of covered person's final release from jurisdiction of the court, for child prostitution; keeping a place of child prostitution; offenses and released from Colorado DOC to e.g., 20 years if convicted of class 1,2, or 3 felony; criminal attempt, conspiracy, or solicitation to commit any the community on or after July 1, 1994. (Law 10 years if convicted of class 4, 5, or 6 felony; 5 covered offense; and deferred judgement and sentence for effective 7/1/98 requires registration of persons years if a misdemeanor; after successful completion any covered offense. convicted on or after 7/1/91 of unlawful sexual of a deferred judgment; after successful discharge offense or enticement of a child, as defined in of sentence if less than 16 at time of offense. specified statute sections.) Connecticut As of 4/98, Connecticut had no central SOR, only local All those registered in Connecticut's original 10 years for those convicted of covered crimes As of 4/98, there were no registries maintained by each relevant jurisdiction. A new local SOR system. Also: offenders against against a minor. Life for those convicted of sexually statewide figures. Under the law taking effect 10/01/98 covers first through fourth degree minors (offenses specified in law) released to violent offenses. In Connecticut, those meeting new law, effective 10/01/98, sexual assault, aggravated first degree sexual assault, risk of community on or after 10/01/98; sexually Federal definitions of sexually violent predators and Connecticut estimates there are injury involving sexual contact with a child, kidnaping, violent offenders (offenses specified in law) sexually violent offenders are both classified approximately 4,600 sexual promoting prostitution with a minor, promoting a minor in released to community on or after 10/01/88; sexually violent offenders. They may apply to court offenders with qualifying obscene performance, public indecency when victim is under those committing felonies for sexual purposes, for relief from registration, but if refused, they convictions, and that 2,000 to 18, and conspiring, attempting, or directing commission of based on court finding; offenders from out of cannot reapply for 5 years. For out-of-State 3,000 will be registered within 18 covered offense. State, military, or Federal court; and offenders offenders, 10 year registration period, is based on months. The remainder are still found not guilty because of mental disease or their first released to community in original incarcerated and will not register defect. jurisdiction. until released into the community. Delaware Essentially "all sexual offenses" as specified in Sections 764 Anyone convicted of a covered offense on or Lifetime. (In some cases individuals registered as a 800 through 779 and Sections 1108 through 1111 of Title 11 of after the statute's effective date in 1994; result of juvenile adjudications may later have Delaware Crimes and Criminal Procedure. anyone incarcerated for a covered offense and records expunged.) released to community on or after statute's effective date regardless of date of conviction; anyone adjudged, after statute's effective date, guilty but mentally ill or not guilty by reason of insanity for committing a covered offense; those convicted of comparable offenses out-of- state and moving to Delaware. District of All offenses covered in D.C. Code 24-1101 through 1117, Registration is mandatory for all persons (adult For Level 1( low risk) offenders - 10 years; for Level 50 offenders in the registry as of Columbia most of which are felonies. or juvenile) convicted in the District of 2 (medium risk) offenders - 15 years; for Level 3 4/98. (As of 1/21/99, there are a Columbia of a covered offense and certified by (high risk) offenders - lifetime. Risk assessment total of 86 offenders in the the court as a sexual offender; for offenders determination is made by the court, based on the registry, of whom 36 were convicted of covered offenses prior to the 1997 advice and recommendation of the Sex Offender convicted for covered crimes in legislation but on probation or parole when the Advisory Council, a multi disciplinary expert panel other jurisdictions and moved law took effect (even though not "certified" by appointed by the mayor. into the District of Columbia. Of court); and for offenders convicted of the total of 86 registered comparable crimes in other jurisdictions and offenders, 5 have assessment moving to D.C. levels--or risk levels--assigned as of 1/21/99. A risk assessment and classification as a Level 2 (moderate risk) or Level 3 (high risk) is a precondition to any organizational or community notification. Florida Capital, life, or felony violations of Chapter 794 (a range of Sexual Predators: (A) those convicted of (or Lifetime for both sexual predators and for sexual 9,000 sexual battery offenses); a range of sexual offenses against found to have committed) a capital, life, or first offenders. Both types of offenders can apply to be children, e. g. lewd, lascivious or indecent assault or acts degree felony violation of Chapter 794 on or removed from the Registry after 10 offense-free upon or in the presence of child under 16; computer after 10/1/93, or (B) those convicted of (or years following release from criminal justice pornography involving a minor; distribution of obscene found to have committed) two second degree supervision. All offenders must apply to the court materials to a minor, etc.; and attempts, solicitation, or sexual felonies within a 10 year period, with the through an attorney and pay all costs; decision is at conspiring, to commit covered crimes. initial offense on or after 10/1/93; predator the discretion of the court. classification involves written court order. Sexual Offenders: Anyone convicted (or found to have committed) any of the covered sexual offenses. Georgia Sexually violent offenses (rape, aggravated sodomy, Those convicted of a covered offense on or 10 years for Sexual Offenders. Lifetime for Sexually 1,200 aggravated child molestation, sexual battery, aggravated after July 1, 1996 and those released to Violent Predators. Those classified as predators sexual battery, or offense that has as its element physical community (with or without criminal justice may apply to the Board after three years on contact with another person with intent to commit such an supervision) on or after July 1, 1996, unsupervised release to have status changed to offense); and criminal offense against a victim who is a minor independent of the date of conviction. Based Sexual Offender. Board reports and recommends (kidnaping, false imprisonment, or criminal sexual conduct on report by Sexual Offender Registration to the sentencing court which makes final decision. toward a minor; solicitation of a minor to engage in sexual Review Board and court concurrence, those conduct or practice prostitution; any conduct that is a sexual guilty of sexually violent offenses may be offense against a minor.) classified as Sexually Violent Predators. Hawaii Sexually violent offenses; criminal offenses against a victim Any offender convicted of a covered offense. Lifetime. Over 700 individuals in the who is a minor. Applies retroactively to any offender who has Registry, as of 4/98 (and over ever been convicted of a covered crime in the 1,000 as of 11/98). Estimates of State of Hawaii independent of the date of additional persons convicted of conviction. qualifying offenses but who have not registered range from 1,000 to 3,000. Idaho As of 4/98, sexual abuse of child under 16, ritualized abuse of Any person who, on or after July 1, 1993, is (a) Lifetime. As of 4/98, offenders may apply to district 1,710 child, sexual exploitation of child, possession of sexually convicted of a covered crime; (b) released to court for expungement 10 years after termination of exploitive material for other than commercial purpose, lewd the community following earlier conviction of criminal justice supervision. (Under law to be conduct with a minor, sexual battery of child 16 or 17, rape, covered crime; or (c) enters the State with effective 7/1/98, Sexual Offender Classification male rape, crime against nature, forcible sexual penetration conviction for a comparable crime in another Board assesses the risk of reoffense of those using foreign object. (Law to be effective 7/1/98 adds 7 more State, Federal, military or tribal court. convicted of violent sexual crimes; Board can covered offenses and modifies rape to exclude statutory rape designate offender a "violent sexual predator." where defendant is 18 years or younger.) Sexual predators may not apply for expungement.) Illinois Felony and misdemeanor sex offenses or attempts, murder Individuals convicted of covered offenses or For sexual offenders: 10 years from date of 14,300 individuals are in the of a child, kidnaping, unlawful restraint, and convictions of found not guilty by reason of insanity on or after conviction if sentenced to probation or 10 years registry (i.e., convicted of comparable crimes in another State or in Federal court. July 16, 1986. from the date of release to the community if qualifying offenses), 12,000 of confined. For those classified as "sexually whom have formally registered. dangerous persons," lifetime registration is required. Indiana Rape, criminal deviate conduct, child molesting, child Anyone convicted of the first 10 crimes after Local registration required for 10 years following a Approximately 9,500 exploitation, vicarious sexual gratification, child solicitation, June 30, 1994; anyone convicted of last two registrant's release into community for all except child seduction, sexual battery, sexual misconduct with a crimes after June 30, 1998; persons residing in those determined to be sexually violent predators. minor as a Class A or B felony, incest; also kidnaping if the Indiana but convicted of substantially For sexually violent predators, registration victim is under 18 years of age, and criminal confinement if equivalent offenses in other States after the requirement is for an "indefinite" period. Only the victim is under 18. effective dates; juveniles 14 or over persons identified as sexually violent predators may adjudicated delinquent for an act that would be petition court at least 10 years after sentencing for a covered offense if committed by an adult and removal of "sexually violent predator" designation found by a court to be likely to repeat such an from their name on registry. Offenders' names act. appear in the registry for their lifetimes. Iowa Criminal offenses against a minor; sexual exploitation; Individuals convicted or adjudicated of a For sexual offenders: 10 years from date of release 2,240 sexually violent crimes. covered offense on or after July 1, 1995, or to the community. For sexually violent predators who were on probation, parole or work release (those convicted of a qualifying offense under the status, or who were incarcerated on or after Federal Violent Crime Control and Law July 1, 1995 must register. Requirement Enforcement Act of 1994, Pub. L. No. 103-322) includes individuals who have received a registration is for an indeterminate period ending deferred sentence or deferred judgments, and only upon a determination by the sentencing court. also includes those with comparable convictions from other jurisdictions. Kansas (A) rape, aggravated indecent liberties with a child, Anyone convicted of offenses in list A and For sexual offenders, registration is required for 10 1,200 aggravated criminal sodomy, aggravated indecent solicitation whose date of offense is on or after April 14, 1994; years. For second conviction, lifetime registration is of a child, sexual exploitation of a child, aggravated sexual registration data is considered a public required. battery. (B) sexual battery, incest. (C) murder, manslaughter, record. Anyone convicted of offenses in list B; kidnaping or criminal restraint (except by parent) when the victim if date of offense is on or after July 1, 1997, is under 18, adultery, criminal sodomy, promoting prostitution, registration is public record. Anyone convicted patronizing a prostitute, lewd or lascivious behavior, unlawful of offenses in list C on or after July 1, 1997; if sexual conduct when one party is under 18. offense occurred on or after July 1, 1997, registration is public record. Kentucky All Kentucky felony sex offenses All felony sex offenders (adult and juvenile) 10 years for offenders classified as Low or approximately 800 convicted in Kentucky after July 1994 and Moderate Risk. High Risk offenders are required to those moving in from out of State with register for life. convictions for comparable crimes in other jurisdictions. Louisiana Felony sex offenses, first offense prostitution (a All persons convicted of a sex offense 10 years for sexual offenders. For offenders 3,455 misdemeanor), and the following nonsex offenses if committed or attempted on or after June 18, determined to be a sexually violent predator, the committed against a victim who is a minor: simple kidnaping, 1992, or committed prior to June 18, 1992 if the registration requirement is for life. Those convicted aggravated kidnaping, second degree kidnaping, interfering person is under the custody of the Department prior to July 1, 1997 may petition the court for relief with the custody of a child, and false imprisonment or of Public Safety and Corrections on or after from registration. aggravated false imprisonment of a minor. June 18, 1992, and persons convicted after July 1, 1997 of a covered offense against a victim who is a minor. Maine Gross sexual assault of a victim less than 16 years of age. Persons convicted of gross sexual assault on a 15 years following release to the community (probation, 275 (Projected to rise to 5,000 (A bill will be submitted to 119th Maine Legislature to bring victim under 16 years of age, and sentenced or postincarceration/parole); may petition for waiver by July 1999 if proposed new State into compliance with Megan, Wetterling, and Lychner; on or after June 30, 1992. of registration requirement after 5 years. If legislation passes) anticipate implementation by mid-1999.) sentenced on or after 6/30/92 through 8/31/96, the 15 year registration requirement date does not change if reincarcerated for violations of probation, release conditions or registration provisions. If sentenced on or after 9/1/96 must register for 15 years after release, but if reincarcerated, the 15 year registration begins again following new release. Maryland Sexual offenses against children; sexual offenses against Adults convicted of sexual offenses against 10 years Approximately 200 as of 4/98. adults. children on or after October 1, 1995; adults (Maryland notes that the Registry convicted of sexual offenses against other anticipates substantial growth adults on or after July 1, 1997. due to amendments in the 1998 legislative session which expanded coverage. Over 400 registrants reported by 12/98.) Massachusetts Included: Open, gross lewdness and lascivious behavior; Adults and juveniles convicted/adjudicated 20 years for first offense; lifetime for multiple 7,004 offenders registered (of indecent assault and battery on person 14, under 14, or delinquent for a covered offense or released offenses. 15,000 identified). Of those mentally retarded; rape, rape of child under 16 with force, or from custody, probation, or parole, for a registered, 1,035 have been rape and abuse of child; assault with intent to commit rape covered offense, on or after August 1, 1981. classified for risk level. (adult or child under 16; kidnaping child under 16; unnatural, lascivious acts with child under 16; attempts to commit covered crimes. Further Amendments proposed. Michigan Violation of section 145a, 145b, or 145c of Michigan penal Individuals convicted of covered offenses after 25 years; lifetime registration if convicted of 19,000 code, Act No. 328 of Public Acts of 1931, sections 750.455; Oct. 1, 1995; those convicted/ adjudicated for subsequent offense. 750.520 B, C, D, E, G of Michigan Compiled Laws; or a third covered offenses earlier but under criminal or subsequent violation of any combination of the following: justice (or juvenile services) supervision on or section 167 (1)(f) of Act 328, Section 335a of Act 328, or after October 1, 1995. Those transferred to local ordinances corresponding to those sections; and other Michigan while on probation or parole for specified sections. covered offense. Minnesota First degree murder involving criminal sexual conduct; Persons charged with, or petitioned for, felony 10 years from the time the individual initially 7,300 kidnaping involving a minor; first through fourth degree violation or attempt to violate any covered registered in connection with the offense, or until the criminal sexual conduct; selected predatory crime under crime, and convicted or adjudicated delinquent probation, supervised release, or conditional Patterned Sex Offender Statute; falsely imprisoning, after 1/1/97 or released to community after that release period expires, whichever occurs later. For soliciting, or using a minor in sexual performance; soliciting a date. Persons committed as Sexual registrants committed under section 253B. 185, the minor to engage in prostitution or in sexual conduct; indecent Psychopaths or Sexually Dangerous Persons 10-year period does not include the period of exposure, felony violations of CSC 5th degree; comparable whether or not convicted of a crime. commitment. offenses elsewhere. Mississippi Rape, sexual battery, assault with intent to ravish, sexual Any person residing in Mississippi who has Lifetime. Offender may petition the court to be 1,063 offenses against or exploitation of children, kidnaping of a been twice adjudicated delinquent for any sex relieved to duty to register. Court may grant such minor, unnatural intercourse, and dissemination of sexually offense or attempted sex offense, or who has petition only after receiving a report from the Sex oriented material to children. been convicted of any sex offense or attempted Offender Advisory Board finding (1) that the sex offense, or who has been acquitted by offender is not a sexual predator, (2) that future reason of insanity of any sex offense or registration would not serve purpose of the law, and attempted sex offense. Law became effective (3) if offender was an adult at time of offense (or a in 1995, but applies retroactively. Registration juvenile tried as adult), that person is offense-free is required for all those convicted of a covered for 15 years following release from confinement or offense independent of the date of conviction. after conviction whichever is later. Missouri Felonies and misdemeanors in violation of Chapter 566 (sex Individuals who were convicted of, or received Not specified. 2,800 offenses) of Missouri State Code or in violation of suspended imposition of sentences for, the comparable offenses if committed in another State or covered felonies and misdemeanors on or after jurisdiction of USA. July 1, 1979. Montana Both sexual and violent offenses covered in law. Sexual offenses: All sexual offenders who were sentenced, in Sexual offenders - lifetime registration; violent 1,739 violation or attempt, solicitation, or conspiracy to commit custody, or under the supervision of the offenders - 10 years. Offenders in either category violation of 45-5-502(3), 45-5-503, 45-5-504(2)(c), 45-5-507 Department of Corrections on or after July 1, may petition the court for relief from the requirement or 45-5-625 (or equivalent statute of another State or Federal 1989; all violent offenders who were after 10 years with no offenses. government). Violent offenses: violation of, or attempt, solicitation or sentenced, in custody, or under the supervision conspiracy to commit violation of 45-5-102, 45-5-103, of the Department of Corrections on or after 45-5-202, 45-5-206 (third or subsequent offense), 45-5-301 October 1, 1995. (by nonparent, victim under 16) , 45-5-302, 45-5-303, 45-5-401, 45-5-603 (1)(b) & 45-6-103 Nebraska Kidnaping of a minor, false imprisonment of a minor, sexual Any person convicted of a covered crime on or 10 years from the date of registration, or from date approximately 450 as of 4/98 assault in 1st, 2nd, or 3rd degree, sexual assault of a child, after the effective date of the 1997 legislation the offender is released from confinement, or from (grown to 640 by 11/98) sexual assault of vulnerable adult, incest of a minor, and any person serving a parole, probation, or date offender is discharged from probation or pandering of a minor, child pornography, attempt to commit corrections jail sentence for a covered crime on parole, whichever is later. Offenders may petition or conspiracy to commit the listed offenses. or after January 1, 1997. the court for relief from the requirement. Sexually violent offenders (determined by court with recommendation from evaluation board) must register until the sentencing court determines registration is no longer necessary. Nevada Sexual offenses: murder in perpetration of sexual abuse of a All offenders convicted of a covered offense on Registration is required for as long as offender 1,500 in the sex offender registry; child, sexual assault, statutory sexual seduction, battery to or after July 1, 1956 are required to register. resides or is present within the State. After 15 5,000 qualifying offenders commit sexual assault, sexual abuse or exploitation of a Those convicted of a covered sexual offense consecutive years as registrant with no additional estimated to be living in Nevada. child, pornography involving a minor, incest, solicitation of a and released to the community or paroled after offenses, offender may petition the court to minor for indecent acts, gross lewdness, indecent or October 1, 1995, are subject to risk terminate his duty to register. If turned down, must obscene exposure, sexual penetration of a dead human assessment. wait 5 years before reapplying. Those convicted of body, attempts to commit covered offenses. Crimes against a sexually violent offense or declared sexually violent child (victim less than 18): kidnaping or false imprisonment, predators may not so apply. pandering or prostitution, or attempts. New Violations or attempted violations of specified sexual offenses Any sex offender, independent of date of Lifetime registration for offenders committing violent 1,500 Hampshire (RSA 632-A: 2, 632-A: 3, 632-A: 4, or 645: 1, II) and violations or conviction, who is released into community on sexual offenses or violent offenses against children attempted violations of any of the following listed offenses or after July 16, 1993; or has been released (specified offenses within the legislation). 10 year where victim was under the age of 18 (RSA 633: 1, 633: 2, earlier, but has not completed his sentence registration for other covered sexual offenses or 633: 3, or 645: 2,1 or RSA 169-B: 41, II, 639: 3, III, 649-A: 3, I; before July 16, 1993; or has completed his other covered offenses against children. 649-A: 3,III or 650: 2, I) or reasonably equivalent laws of sentence not more than six years before another State or the Federal government. January 1, 1994. Any offender against children, independent of the date of conviction, who is released into the community on or after August 9, 1996 or has been released, but has not completed his sentence before August 9, 1996 New Jersey Aggravated sexual assault, sexual assault, aggravated Sex offenders released from custody since 15 years to life. Offender may apply to State 5,151 criminal sexual contact, endangering the welfare of a child by effective date of legislation, 10/31/94, as well Superior Court to terminate duty to register after 15 engaging in sexual contact that would harm child's morals, as offenders who were on parole or probation offense-free years following release to community. luring or enticing and (if victim is a minor and offender not a on the effective date of the law. Offenders parent) kidnaping, criminal restraint and false imprisonment. found to be repetitive and compulsive by experts and the courts, must register regardless of the date of sentence. New Mexico Sex offenses, defined as criminal sexual penetration in the All persons convicted in New Mexico of a Current legislation (Section 29-11A) mandates that Approximately 400 (in October first, second, third, or fourth degree; criminal sexual contact sexual offense on or after July 1, 1995, and registration information be retained for periods of 1998, approximately 450) in the fourth degree; criminal sexual contact of a minor in the also those convicted earlier than July 1, 1995, 20 years for certain covered offenses and for 10 third or fourth degree; sexual exploitation of children; sexual if registration has been made a condition of years for other offenses, but is silent on deletion of exploitation of children by prostitution. their probation or parole. Sex offenders records after specified time period. The convicted elsewhere and moving to New Interviewees said the Department of Public Safety Mexico are required to register if they were (DPS) has the option to require registration for 10 required to register in the State where years, for 20 years, or for life and, to date, all convicted. registrants in New Mexico Registry are required to register for life. New York New York State offenses that correlate with the Federal Those convicted of a covered offense on or For Level One and Two offenders (low and medium 7,200 Jacob Wetterling Act, including convictions for attempts to after effective date, 1/21/96; those on probation risk), 10 years from the initial date of registration, commit covered offenses, and convictions of comparable or parole for a covered offense as of 1/21/96, with annual reregistration. A Level Three offender offenses in other jurisdictions. independent of date of conviction; and those (high risk) must reregister annually but also must discharged, paroled or released on or after verify his address quarterly for a minimum of 10 1/21/96, following conviction for a covered years unless there is a court determination that the offense, but independent of the date of offender no longer suffers from a mental conviction. abnormality that would make him likely to reoffend. North Kidnaping, abduction of children, felonious restraint, 1st and Any persons convicted of or released from 10 years for sexual offenders. Persons classified as 2,200 Carolina 2nd degree rape, 1st and 2nd degree sexual offense, prison for a covered offense (in North violent sexual predators are required to register attempted rape or sexual offense, intercourse and sexual Carolina or another State) on or after January indefinitely," but after 10 offense-free years may offense with certain victims, incest between near relatives, 1, 1996; also, persons convicted of, or released petition the court to review their classification. employing or permitting a minor to assist in offenses against from prison for, a Federal offense comparable public morality/decency, 1st, 2nd, & 3rd degree sexual to North Carolina's covered offenses, on or exploitation of a minor, promoting prostitution of a minor, after April 3, 1997. taking indecent liberties with children, and attempts to commit any of the listed offenses. North Crimes against a child: violations of chapter 12.1-16, 12.1-17, Any person convicted of a covered sexual 10 years, unless designated "sexually violent 683 (ND also compiles a Dakota 12.1-18, or 12.1-29 in which the victim is a minor or attempts offense or offense against a child on or after predator," by a judge subsequent to the "nonregistration" list, derived to commit these offenses. Sexual offenses: violations of August 1, 1985 is required to register. recommendation of a "Qualified Board." Sexually from criminal history record section 12.1-20-03, 12.1-20-04, 12.1-20-05, 12.1-20-06, violent predators must maintain their registration system and listing data for all 12.1-20-07, 12.1-20-11, chapter 12.1-27.2 or attempts to status for a minimum of 10 years and continue persons convicted of offenses commit these offenses. thereafter until a judge removes the sexually violent requiring registration. As of 3/98, predator designation; the rule may result in lifetime there were 988 persons on this registration. list: approximately 120 presently incarcerated, 140 known to be out-of-state, 683 currently registered, and 40 who have not been located.) Ohio "Sexually oriented offenses," defined by statute section within Persons convicted of a covered offense on or Lifetime 1,294 (as of 2/3/98) the legislation. Includes sexual offenses against children and after January 1, 1997, or released to also specified sexual offenses regardless of the age of the community following incarceration for a victim. covered offense, on or after January 1, 1997, independent of date of conviction. Registrants are categorized as (1) sexual predators (requiring community notification); (2) habitual sexual offenders subject to community notification; (3) habitual offenders not subject to community notification, or (4) sexually-oriented offenders (not subject to community notification). Oklahoma Child abuse involving sexual abuse or exploitation; rape in All adult sex offenders convicted in Oklahoma Ten years following offender's release to community 2,303 first or second degree or by instrumentation; incest; forcible on or after November 1, 1989; convicted sex for sexual offenders registered by the Department of sodomy; lewd or indecent proposals or acts to a child under offenders moving to Oklahoma after 11/1/89 Corrections (DOC). Registrations at local law 16; kidnaping or solicitation of minors, trafficking in children; regardless of date of out-of-State conviction. enforcement agencies are maintained for 5 years. pornography involving minors; facilitating, encouraging, From 11/1/97 to 10/31/98, those with two The State and local registries are not linked. offering or soliciting sexual conduct with a minor; procuring convictions one of which is after 11/1/97 and Amendments to law passed and signed in June or keeping a child under 18 for prostitution; sexual battery. for one of first five offenses listed in the 1998 will require lifetime registration for offenders preceding section, are designated "sexual classified as "predators" (from 11/1/97 to 10/31/98) predators" but, as of 11/1/98, will be or as "habitual sexual offenders" (as of 11/1/98.) designated "habitual sexual offenders." Oregon Predatory sex offenses: rape, sodomy, sexual abuse, Offenders classified as predatory sex Lifetime; may petition for waiver after 10 years. (As 7,400 unlawful sexual penetration; the listed crimes in any degree offenders: any offender under parole, of 4/98, some legislative changes under discussion) or attempts to commit those offenses. Some legislative probation, or post-prison supervision who was changes under discussion for 1999. convicted or pled guilty to one or more of the four listed crimes. Statute is retroactive. Pennsylvania The following when victim is a minor: kidnaping, rape, Sexual offenders convicted on or after the Sexual offenders - 10 years; sexually violent 2,400 involuntary deviate sexual intercourse, aggravated indecent statute's effective date (4/21/96), and sexual predators - for life, or until the court determines the assault, prostitution and related offenses, obscene materials offenders convicted earlier and under the offender is no longer a sexually violent predator. and performances, and indecent assault. The following jurisdiction of the Board of Probation and regardless of victim's age: rape, involuntary deviate sexual Parole or the Department of Corrections on intercourse, aggravated indecent assault. 4/21/96. Rhode Island Criminal offense against a minor: kidnaping or false Persons convicted after 7/24/96 in Rhode For registered offenders, the requirement is 273, as of 4/98. (By January imprisonment of a minor; violation of sections 11-37-6, Island or any other jurisdiction of (A) a criminal registration for 10 years following the offender's 1999, the number has grown to 11-37-8, 11-37-8.1, 11-37-8.3, or 11-10-1 when victim is offense against a victim who is a minor, (B) a release to the community. For sexually violent 771.) under 18; violation of 11-1-10, where underlying offense sexually violent offense, or (C) who has been predators, the registration requirement continues violates chapter 34 and victim is under 18; or any violation of determined to be a sexually violent predator indefinitely until or unless the requirement is waived Sections 11-9-1 (b) or (c). Sexually violent offense: violations (convicted of a sexually violent offense and through petition to the court and Board review. of sections 11-10-1, 11-37-2, 11-37-4, 11-37-6, 11-37-8, suffering from a mental abnormality or 11-37-8.1, or 11-37-8.3.3. personality disorder that makes recidivism likely, as determined by a Board of Review and sentencing court.) South Covered offenses are listed in Section 23-3-430 of the South All sex offenders convicted in South Carolina Lifetime 2,500 Carolina Carolina Code of Laws. and residing within the State, regardless of age; all offenders, regardless of age, who have been convicted in another State of "any offense which can be reasonably interpreted as corresponding to those provided for in the South Carolina Sex Offender Registry" and who move to South Carolina. South All felony sex offenses. All sexual offenders convicted as adults in Lifetime, with the exception of persons placed on 800, including adjudicated Dakota South Dakota; all Federal or out-of-State the Registry as juveniles. They may petition the juveniles, and Federal and offenders convicted of covered sexual offenses court for removal based on 10 offense-free years. convicted felons from and moving into South Dakota; and juveniles, out-of-State now residing in 15 years or older, adjudicated since 1997 of a South Dakota sex offense that would require registration if committed by an adult. Tennessee Rape; rape of a child; sexual battery; statutory rape; Persons convicted of or under criminal justice 10 years after termination of criminal justice 2,800 aggravated prostitution; sexual exploitation of a minor; incest; supervision for a covered offense on or after supervision, following which the offender may false imprisonment or kidnaping of a minor (except by January 1, 1995, including those convicted of a petition for relief from registration. parent); attempt, conspiracy, or solicitation to commit covered comparable offense in another State, country, offenses; and criminal responsibility for facilitating or a military court. commission of these offenses. Texas Sexually violent offenses: indecency with a child, by contact; Persons (adult and juvenile) incarcerated or Adults incarcerated or under supervision as of 18,000 sexual assault; aggravated sexual assault; sexual under probation, parole, or mandatory 9/01/97: Lifetime for sexually violent offense or performance by a child; aggravated kidnaping with intent to supervision on or after 9/01/97 for a covered specified offenses against children; duration of abuse victim sexually; burglary if committed with intent to conviction or with adjudication occurring on or supervision plus 10 years for other covered commit any listed offense. Sexual offenses: indecency with a after 9-01-70. Exception is the offense of offenses. For adults discharged from supervision child, exposure; incest; indecent exposure (2nd conviction); "Compelling Prostitution" (Section 43.05) which before 9/01/97, duty to register expires on the date compelling prostitution; possession/promotion of child requires registration if the conviction or of discharge. Juveniles: Duration of supervision pornography; attempted conspiracy or solicitation to commit adjudication occurs on or after 9/01/97. plus 10 years, if adjudicated on or after 9/01/95; for listed offenses. juveniles adjudicated before 9/01/95, duty to register expires on the date of discharge. Utah Violations of Utah Code Sections 76-7-102, 76-9-702. 5, Adults convicted in Utah of covered offenses, 10 years after termination of sentence. 5,923 (4,733 in the community, 76-5a-3, 76-10-1306, 76-5-301.1, and attempting, soliciting or those convicted of comparable offenses in 1,190 in prison) conspiring to commit a felony under Title 76, Chapter 5, Part other State or Federal courts, and those 4, Sexual Offenses committed to State mental hospitals for commission of one or more covered offenses. Vermont Sexual assault, aggravated sexual assault, lewd and Persons convicted of one or more of the 10 years after release to the community and 877 lascivious conduct, sexual activity by a caregiver (all as covered offenses or who have been convicted discharge from criminal justice supervision. A defined in specified statute sections), attempts to commit of a comparable sex crime in any jurisdiction of person designated as a sexually violent predator listed offenses. Also, if victim is a minor, those offenses the United States, including a State, territory, may petition court for removal of the designation 10 listed plus kidnaping, lewd and lascivious conduct with a Commonwealth, the District of Columbia or a years after release from incarceration or after child, prohibited acts, and sexual exploitation of children (all military court and subsequently take up discharge from probation or parole, whichever is as defined in specified statute sections), or attempts to residence in Vermont. Note: Under Vermont's later. Petition must include recommendations of at commit these offenses. legislation, conduct that is criminal only least two experts in the behavior and treatment of because of the age of the victim shall not be sexual offenders. considered a criminal offense if the perpetrator is under the age of 18. Virginia Sexually Violent Offenses: rape, forcible sodomy, object Adult sex offenders convicted of a covered 10 years for sexual offenders; offenders may then 6,615 sexual penetration, aggravated sexual battery. Sexual offense on or after July 1, 1994; juvenile felony petition the court for removal from registry, but if Offenses: abduction, abduction for immoral purposes, carnal sex offenders convicted in circuit courts after denied, must wait two years to re-petition. Those knowledge of child between 13 - 15 years, carnal knowledge of certain July 1, 1997. convicted twice or designated as sexually violent minors, attempted rape, forcible sodomy, inanimate object offenders must register for life. sexual penetration, aggravated sexual battery, crimes against nature, incest, taking indecent liberties with a child, indecent liberties with a child by a person in a custodial relationship, and pornography involving children. Washington Offenses defined as sex offenses by Revised Code of Adult and juvenile felony sex offenders Lifetime if a Class A felony; 15 years after the last 14,000 Washington 9A.44, 9A.64, 9A.68A, and 9.94A.030, and convicted, in custody, or under criminal justice date of release from confinement if a Class B sexual exploitation of a minor, sexual misconduct with a supervision on or after July 28, 1991; those felony; 10 years after the last date of release from minor, pornography involving minors, patronizing a juvenile convicted of comparable offenses in other confinement if a Class C felony. Any registrant prostitute, and criminal attempts, solicitation, or conspiracy to jurisdictions; defendants charged with felony may petition court for relief from registration commit a sexual offense. (Note: Washington law also covers sex offense and found "not guilty by reason of requirement, but must show "clear and convincing kidnaping offenders.) insanity." kidnaping offenders convicted, in evidence" that future registration will not serve the custody, or under criminal supervision, on or purpose of the law. Juveniles who were under 15 at after July 27, 1997. time of offense must be offense-free for 24 months and meet "preponderance of the evidence" standard. West Virginia Sexual assault in the 1st, 2nd, or 3rd degree; sexual abuse in Those convicted of covered offenses and 10 years for sexual offenders; lifetime registration 600 the 1st, 2nd, or 3rd degree; child sexual abuse; child under community supervision or released for violent, recidivistic or predatory offenders. molestation; abduction of a person or kidnaping of child; following incarceration on or after April 1988, or prostitution or procuring for prostitution; incest; sex abuse by those convicted of similar offenses elsewhere parent, guardian, or custodian; filming, distributing, exhibiting, and moving to West Virginia. Beginning June or facilitating materials depicting sexually explicit conduct of 1998, registration will also be mandated for minors. those convicted of covered offenses who work or attend school within the State while residing in another State. Wisconsin All Wisconsin felony sexual assaults; all felony sex Offenders convicted of, incarcerated, or under 15 years following discharge from supervision, as 10,000 records now in Registry convictions from other jurisdictions. criminal justice supervision for any felony sex well as for the full term of any form of community database. Wisconsin reports offense on or after 12/25/93, including persons supervision. Lifetime registration for offenders that of these, approximately entering Wisconsin under interstate compacts, committed under the Sexually Violent Person law or 3,000 cases have full and persons committed under the sexually violent those convicted of two separate episodes of sexual complete registration persons law to mental health institutions, and assault. information, in part due to any offender whose crime the court determines legislative amendments effective to be "sexually motivated." Juveniles 6/01/97, but with retroactive adjudicated for a registrable offense are application to 12/25/93. required to register. Wyoming Wyoming felony sex offenses (sexual assault under Wyoming Persons convicted of a covered offense on or For offenders convicted of first or second degree 552 Statute 6-2-302 through 6-2-304, attempted sexual assault, after January 1, 1985, including those sexual assault, lifetime registration. For other conspiracy to commit sexual assault, incest, or indecent convicted of a comparable offense in another sexual offenders, 10 years registration following liberties) when the victim is less than 16 years of age and the State and moving to Wyoming. release to community if there are no further offender is at least four (4) years older than the victim. convictions during that period. Both categories of registrants may petition the court for relief from registration requirement. Must demonstrate by clear and convincing evidence that future registration will not serve the purpose of the act. --------------------------------------- Appendix 3: Automation of Sex Offender Registries, April 1998 SOR DATABASE: SOR DATA ENTRY: State: Extent of database Database is SOR transmits Text material for SOR database SOR system has capability for SOR system has capability automation linked to electronically to is received and entered electronic transmittal & for electronic transmittal and criminal history FBI interim electronically storage of fingerprints storage of mugshots files system Alabama Partial; database(s) Yes, ACJIC flags No. ACJIC Limited. Alabama Department of Yes. Alabama Department of No. As of 4/98, ACJIC could operation automated; criminal history transmits SOR Corrections (DOC) provides Public Safety houses State's not make mugshot available some transmission files and data (text only) information on up-coming prison AFIS, so it has electronic storage through automated system. automated; most data identifies sex on tape to FBI releasees to ACJIC by electronic and transmission capability for Polaroid snapshots are entry manual. Dept. of offenders on interim system. file according to Alabama NSOR fingerprints. maintained by Department of Public Safety maintains routine application. DPS reports that all Public Safety, and used for "offical record" and photo ACJIC/NCIC information is received in hard flyers or faxed for identification of sex offenders and "person copy. Information from local law purposes.(FY'98 NSOR-AP operates notification inqueries." enforcement (offender's local funds sought for digital program at State level. registration, change of address, out- ACJIC cameras and related Alabama Criminal of-State registrant) or data from equipment, and for software Justice Information another State, comes as hard copy modifications to establish Center (ACJIC) and must be entered manually. mechanism to process digital maintains automated mugshots to ACJIC.) files used for dissemination, submits data to FBI, and maintains criminal history files. (FY'98 NSOR-AP funds sought to automate transfer of data to ACJIC