Section 1 Definitions
1.1 Address: In the case of sex offenders
with a permanent address, actual location of the sex offender's dwelling,
including street address, if any.
1.2 Conviction: A judgment of guilt following
a verdict or finding of guilt, a plea of guilty, a plea of nolo contendere, an
Alford plea, or a judgment of guilt pursuant to a deferred sentence. A sex
offender whose sentence is deferred shall have no duty to register after
completion of the terms of the deferred sentence agreement for the duration
specified in the agreement,
1.3
Department: Department of Public Safety.
1.4 Director: The Director of the Vermont
Crime Information Center.
1.5
Employed, Employment, Carries on a Vocation: Employment that is full time or
part time for a period of time exceeding 14 days or for an aggregate period of
time exceeding 30 days during any calendar year, whether financially
compensated, volunteered or for the purpose of governmental or educational
benefit.
1.6 Local Law Enforcement:
the municipal police department or statutorily established college or
university police department. If the municipality, college or university has no
police department, the law enforcement agency that serves the municipality,
college or university.
1.7 Minor: A
person under the age of 18 years.
1.8 Release: Release from confinement or
custody or placement into the community for any reason, including release on
bail pending appeal/ probation, parole, furlough, work release, early release,
alternative sanctions, house arrest, daily interrupt, community placement or
completion of sentence. It also means probation or parole supervision of an out
of state sex offender under an interstate agreement or compact.
1.9 Registry: The sex offender registry
maintained by the Vermont Crime Information Center (VCIC) at the Department of
Public Safety.
1.10 Sex Offender:
A person who is convicted in any jurisdiction of the United States, including a
state, territory, commonwealth, the District of Columbia, or military, federal,
or tribal court of any of the following offenses:
(i) sexual assault as defined in
13 V.S.A. §
3252.
(ii) aggravated sexual assault as defined in
13 V.S.A. § 3253.
(iii) lewd
and lascivious conduct as defined in
13 V.S.A. §
2601.
(iv) sexual abuse of a vulnerable adult as
defined in
13 V.S.A. §
1379.
(v) second or subsequent conviction for
voyeurism as defined in
13 V.S.A. §
2605(b) or
(c).
(vi) kidnapping with intent to commit sexual
assault as defined in
13 V.S.A. §
2405(a)(1)(D).
(vii) aggravated sexual assault of a child in
violation of section 3253a of this title; and
(viii) human trafficking in violation of
subdivisions 2652(a)(1)-(4) of this title;
(ix) aggravated human trafficking in
violation of subdivision 2653(a)(4) of this title; and
(x) a federal conviction in federal court for
any of the following offenses:
(I) Sex
trafficking of children as defined in 1. 8 U.S.C. § 1591.
(II) Aggravated sexual abuse as defined in
18 U.S.C. §
2241.
(III) Sexual abuse as defined in
18
U.S.C. §
2242.
(IV) Sexual abuse of a minor or ward as
defined in
18 U.S.C. §
2243.
(V) Abusive sexual contact as defined in
18 U.S.C. §
2244.
(VI) Offenses resulting in death as defined
in
18 U.S.C. §
2245.
(VII) Sexual exploitation of children as
defined in
18 U.S.C. §
2251.
(VIII) Selling or buying of children as
defined in
18 U.S.C. §
2251 A.
(IX) An offense regarding material involving
the sexual exploitation of minors as defined in
18
U.S.C. §
2252. .
(X) An offense regarding material containing
child pornography as defined in 1. 8 U.S.C. § 2252 A.
(XI) Production of sexually explicit
depictions of a minor for import into the United States as defined in
18
U,S.C. §
2260.
(XII) Transportation of a minor for illegal
sexual activity as defined in
18 U.S.C. §
2421.
(XIII) Coercion and enticement of a minor for
illegal sexual activity as defined in
18 U.S.C. §
2422.
(XIV) Transportation of minors for illegal
sexual activity, travel with the intent to engage in illicit sexual conduct
with a minor, and engaging in illicit sexual conduct in foreign places as
defined in
18 U.S.C. §
2423.
(XV) Transmitting information about a minor
to further criminal sexual conduct as defined in
18
U.S.C. §
2425.
(XVI) Trafficking in persons as defined in
18 U.S.C. sections
2251 -
2252(a),
2260,
or
2421 -.
2423 if the violation included sexual abuse, aggravated sexual abuse, or the
attempt to commit aggravated sexual abuse.
(xi) an attempt to commit any offense listed
above.
OR
A person who is convicted of any of the following offenses
against a victim who is a minor, except that, for purposes of this subdivision,
conduct which is criminal only because of the age of the victim shall not be
considered an offense for purposes of the registry if the perpetrator is under
the age of 18 and the victim is at least 12 years old:
(i) any offense listed above.
(ii) kidnapping as defined in
13 V.S.A. §
2405(a)(1)(D).
(iii) lewd and lascivious conduct with a
child as defined in
13 V.S.A. §
2602.
(iv) slave traffic as defined in
13 V.S,A. §
2635.
(v) sexual exploitation of children as
defined in 13 V.S.A. chapter 64.
(vi) procurement or solicitation as defined
in
13 V.S.A. §
2632(a)(6).
(vii) aggravated sexual assault of a child as
defined in
13 V.S.A. §
3253 a.
(viii) sex trafficking of children or sex
trafficking by force, fraud, or coercion as defined in
13 V.S.A. §
2635a.
(ix) sexual exploitation of a minor as
defined in
13 V.S.A. §
3258.
(x) an attempt to commit any offense listed
above.
OR
A person who takes up residence within this state, other than
within a correctional facility, and who has been convicted in any jurisdiction
of the United States, including a state, territory, commonwealth, the District
of Columbia, or military, federal, or tribal court, for a sex crime the
elements of which would constitute a crime under subdivision (A) or (6) of this
subdivision (10) if comm * itted in this state.
OR
A person 18 years of age or older who resides in this state,
other than in a correctional facility, and who is currently or, prior to taking
up residence within this state, was required to register as a sex offender in
any jurisdiction of the United States, including a state, territory,
commonwealth, the District of Columbia, or military, federal, or tribal court;
except that, for purposes of this subdivision, conduct which is criminal only
because of the age of the victim shall not be considered an offense for
purposes of the registry if the perpetrator is under the age of 18 and the
victim is at least 12 years old.
OR
A nonresident sex offender who crosses into Vermont and who
is employed, carries on a vocation, or is a student.
1.11 Sexually violent
offense: A sexual assault or aggravated sexual assault, as described in
13 VSA §
3252 and § 3253, or a comparable offense
in another jurisdiction of the United States, or any attempt to commit sexual
assault, aggravated sexual assault, or a comparable offense in another
jurisdiction of the United States. A comparable offense, for purposes of this
definition, is an offense the elements of which would constitute a sexual
assault or aggravated sexual assault, as described in
13 VSA §
3252 and § 3253, or any attempt to
commit sexual assault or aggravated sexual assault.
1.12 Sexually violent predator (SVP): A
person who is a sex offender who has been convicted of a sexually violent
offense, as defined above, and who has been determined by a court to suffer
from a mental abnormality or personality disorder that makes him or her likely
to engage in predatory sexually violent offenses.
1.13 Student: A person who is enrolled on a
full or part time basis in any public or private educational institution in
Vermont, including any secondary school, trade or professional institution, or
institution of higher learning.
Section 2 Sex Offender Registry
2.1 DEPARTMENT'S OBLIGATION
The department of public safety shall establish and maintain
a sex offender registry, which shall consist of the information required to be
filed in Section
3.
2.2 DISCLOSURE OF INFORMATION
All information contained in the registry may be disclosed
for any purpose permitted under the law of this state, including use by:
a. local, state, and federal law enforcement
agencies exclusively for lawful law enforcement activities;
b. state and federal governmental agencies
for the exclusive purpose of conducting confidential background
checks;
c. any employer, including
a school district, who is authorized by law to request records and information
from the VCIC, where such disclosure is necessary to protect the public
concerning persons required to register as a sex offender. The identity of a
victim of an offense that requires registration shall not be
released;
d. a person identified as
a sex offender in the registry for the purpose of reviewing the accuracy of any
record relating to him or her pursuant to Section 8 of the VCIC Rules and
Regulations. The identity of a victim of an offense that requires registration
shall not be released; and
e.
probate courts for purposes of conducting checks on persons applying for
changes of name under Section
811 of
Title 15.
Section
3 Reporting and Registration Requirements
3.1 REPORTING UPON CONVICTION
a. Upon conviction, and prior to sentencing,
the court shall order the sex offender to provide the court with the following
registration information as specified in
13 VSA §
5403(a):
i. name;
ii. date of birth;
iii. general physical description;
iv. current address;
v. Social Security number;
vi. fingerprints;
vii, current digital photograph;
viii. current employment; and,
ix. name and address of any postsecondary
educational institution at which the registrant is enrolled as a student.
The court shall forward this information to the VCIC
forthwith.
b.
Within 10 days of sentencing, the court shall send to the VCIC the registration
information specified in Section 3.1a, along with the offense(s) for which the
defendant was convicted, the date of conviction, the sentence and any
conditions of release or probation as per
13 V.S.A.
§
5403(b) for each
defendant required to register with the VCIC.
3.2 REPORTING UPON SENTENCING
a. As soon as practicable after receiving the
registration information from the court for sex offenders who have NOT been
sentenced to the custody of the Department of Corrections (DOC) for either
community supervision or incarceration, the VCIC shall notify the registrant of
their reporting requirements under the law. The VCIC shall mail the
Notification of Requirement to Register form to the registrant. The registrant
shall sign the form, indicating an acknowledgment of receipt and understanding
of the requirements. The Notification of Requirement to Register form shall be
signed and returned to the VCIC within three days of receipt.
b. As soon as practicable after receiving the
registration information from the court for sex offenders who have NOT been
sentenced to the custody of the Department of Corrections (DOC) for either
community supervision or incarceration, the VCIC shall mail the registrant a
Vermont Sex Offender Registry Registration form. Said form shall consist of the
following information as appropriate:
i. an
update of the information specified in Section 3.1a; and
ii. current address.
The registrant shall complete and sign the form, and return
it to the VCIC within three days of receipt.
3.3 REPORTING UPON SENTENCING TO
COMMUNITY SUPERVISION
a. Within 24 hours of
conducting an intake interview with a sex offender who has been sentenced for a
probationary sentence or any alternative sentence under community supervision
by DOC, the DOC shall notify the registrant of his or her reporting
requirements under the law, The Notification of Requirement to Register form
shall be read to the registrant. The registrant shall sign the form, indicating
an acknowledgment of receipt and understanding of the requirements. The
Notification of Requirement to Register form shall be witnessed and returned to
the VCIC within 24 hours.
b. The
DOC shall complete for each registrant a Vermont Sex Offender Registry
Registration form. Said form shall consist of the following information as
appropriate:
i. an update of the information
specified in Section 3.1a;
ii.
address upon release;
iii. name,
address and telephone number of the local DOC office in charge of monitoring
the sex offender;
iv. documentation
of any treatment or counseling completed;
v. high risk designation; and,
vi. name of any college where the offender
will be enrolled or employed.
The Vermont Sex Offender Registry Registration form will be
forwarded by DOC to the VCIC within 10 days of the intake.
3.4 REPORTING UPON
RELEASE FROM CONFINEMENT
a. No less than 10
days prior to releasing a registrant from confinement or supervision, DOC shall
notify the registrant of their reporting requirements under the law. The
Notification of Requirement to Register form shall be read to the registrant.
The registrant shall sign the form, acknowledging receipt and an understanding
of the requirements. The Notification of Requirement to Register form shall be
forwarded to the VCIC by DOC no less than 10 days prior to release,
b. No less than 10 days prior to release, the
DOC shall complete for each registrant a Vermont Sex Offender Registry
Registration form. Said form shall consist of the following inforrnation as
appropriate:
i. an update of the information
specified in Section 1.1a;
ii.
address upon release;
iii. name,
address and telephone number of the local DOC office in charge of monitoring
the sex offender;
iv. The name and
telephone number of the DOC caseworker;
v. documentation of any treatment or
counseling completed;
vi. high risk
designation;
vii. college
enrollment status; and,
viii.
college employment status.
The Vermont Sex Offender Registry Registration form will be
forwarded by DOC to the VCIC 10 days prior to release from confinement or
supervision.
c.
Within 24 hours of release from confinement, DOC shall notify in writing or
electronically the VCIC that the offender has been released from
confinement.
d. DOC will notify in
writing or electronically the VCIC within 24 hours of the time a sex offender
changes address, place of employment, or college enrollment or employment
status.
3.5 REPORTING
UPON DISCHARGE FROM THE DEPARTMENT OF CORRECTIONS
When a registrant is discharged from the supervision of DOC,
DOC shall forward a discharge notice directly to the VCIC within 24 hours of
discharge. This discharge notice shall include whether the offender has been
designated high risk or is not in compliance with sex offender treatment. A
copy of this notification shall be placed in an offender's DOC file.
3.6 REPORTING PURSUANT TO COLLEGE
ENROLLMENT OR EMPLOYMENT
Pursuant to the federal Campus Sex Crime Prevention Act, a
registrant must inform the VCIC if he or she is enrolled in any college in
Vermont on a full time or part time basis. A registrant must also inform the
VCIC if he or she has any type of full time or part time employment, with or
without compensation, which places the registrant on the campus of a college in
Vermont for more than 1.4 days or for an aggregate period exceeding thirty days
in a calendar year. In addition to any other requirements, a registrant is also
required to report to the Registry any changes regarding his or her employment
or enrollment status at any college in Vermont.
3.7 REGISTRANTS WITH NO PERMANENT ADDRESS
a. A registrant with no permanent address
shall notify by telephone or in writing the VCIC as to his or her temporary
residence. The registrant shall identify a specific location for purposes of
the registry and shall check in by telephone daily with the VCIC.
b. A registrant with no permanent address
does not need to check in daily with the VCIC if the local law enforcement
agency with jurisdiction over the registrant's location agrees with the VCIC to
verify the registrant's location.
3.8 REGISTRATION UPON TAKING UP RESIDENCE OR
VISTING VERMONT --OUT OF STATE CONVICTIONS
a.
Any sex offender who intends to visit Vermont for 10 consecutive days or 30
days in a calendar year must register with the VCIC within 10 days of arrival.
The registrant will complete a Notification of Requirement to Register form and
a Sex Offender Registry Registration form. Both forms must be signed and
returned to the VCIC. These forms may be obtained from the VCIC either in
person, through the mail, or on the Department's web site.
b. The VCIC will verify the information on
the Registration form by conducting a criminal background check on the
registrant. The VCIC will contact by telephone the registry in the state from
which the registrant has come to verify the registrant's information. After
verifying the registration information, the VCIC will create a record in the
Registry. If the registrant has a criminal history at the VCIC, the
registrant's Vermont criminal history will be flagged with a notation which
denotes that the defendant is registered with the Registry. If the registrant
has no criminal history at the VCIC, a record will be created and flagged with
a notation which denotes that the defendant is registered with the
Registry.
c. Out of state
registrants will be referred by the VCIC to DOC for a risk assessment. The
assessment will occur within 10 days of the referral and the result will be
returned to the VCIC by DOC in writing within 24 hours of the
assessment.
3.9
REPORTING CHANGE OF ADDRESS, EMPLOYMENT OR COLLEGE ENROLLMENT OR COLLEGE
EMPLOYMENT
a. While the registrant is under
the supervision of DOC, DOC will notify the VCIC within 24 hours in writing on
the Change of Address form with any address, employment or college enrollment
or college employment changes for the Registrant. The VCIC will report any
changes of the above information to the local law enforcement agency that has
jurisdiction over the previous address, place of employment or college and to
the local law enforcement agency that has jurisdiction over the new address,
place of employment or college, and to a registered victim as set forth in
7.2.
b. After the Registrant is
discharged from the custody of DOC, it shall be the responsibility of the
registrant to inform the VCIC of any change of address, employment or college
enrollment or college employment status. The registrant must inform the VCIC in
writing or by telephone within 3 days of any change of address, employment,
postsecondary education or college enrollment or college employment status. The
VCIC will confirm the change by sending a confirmation letter to the
registrant.
c. If a registrant
intends to move out of state, the registrant will inform the VCIC in writing or
by telephone of his or her new address. The VCIC will notify the designated law
enforcement agency in the new state with both the new address and other
information from the Registry as required by
13 VSA §
5303 and § 5304. If the new state has a
Sex Offender Registry, the registrant is required to register with the Registry
in the new state within three days after establishing residence in the new
state. Within 10 days after the registrant's projected date to move out of
state, the VCIC will send a confirmation letter to the new address. Upon return
and receipt of the confirmation letter, the VCIC will notify the other state
that the offender has taken up residence in the new state. The VCIC will list
the offender in the registry on out of state status. This relieves the offender
of any Vermont registration requirements.
d. If the VCIC has not received the
confirmation letter from the registrant within the 10 days specified, the VCIC
will notify the new state that it has not been able to confirm the registrant's
new address. The VCIC will request a warrant for the offender's
arrest.
3.10 ANNUAL
ADDRESS, EMPLOYMENT AND COLLEGE ENROLLMENT OR EMPLOYMENT VERIFICATION
a. The VCIC shall verify each Registrant's
address, employment, college enrollment or college employment annually within
10 days of the registrant's date of birth. The VCIC may also, at its
discretion, verify a registrant's address. The address, employment and college
enrollment or college employment of Sexually Violent Predators shall be
verified every 90 days.
b. The VCIC
shall mail an Address Verification Notification to the registrant's most
current address via first class mail, address correction requested. Whenever
the VCIC mails an address verification notification, a registrant will have 10
days to verify their address by returning the Notification letter to the
VCIC.
c. If the address of a
registrant cannot be verified, the VCIC will notify in writing or
electronically the local law enforcement agency, the state's attorney in the
county in which the sex offender's most recent address is located, and in the
case of a registrant on supervision, the registrant's probation officer. The
VCIC will seek confirmation that the registrant's address cannot be verified.
Upon determination by the VCIC that the registrant's address cannot be
verified, the VCIC will forward an affidavit to the State's Attorney attesting
to the fact that the registrant's address could not be verified.
3.11 TERMINATION OF REPORTING
REQUIREMENTS
a. Except as provided for in
3.11(a)(i) of these rules, a person required to register as a sex offender
shall continue to comply with this section, except during periods of
incarceration, until 10 years have elapsed since the person was released from
prison or discharged from parole, supervised release, or probation, whichever
is later. The 10-year period shall not be affected or reduced in any way by the
actual duration of the offender's sentence as imposed by the court, nor shall
it be reduced by the sex offender's release on parole or ending of probation or
other early release.
i. A person required to
register as a sex offender under this subchapter shall continue to comply with
this section for the life of that person, except during periods of
incarceration, if that person:
(1) has at
least one prior conviction for an offense described in subdivision 5401(10) of
this subchapter or a comparable offense in another jurisdiction of the United
States;
(2) has been convicted of a
sexual assault as defined in section 3252 of this title or aggravated sexual
assault as defined in section 3253 of this title; however, if a person
convicted under section 3252 is not more than six years older than the victim
of the assault and if the victim is 14 years or older, then the offender shall
not be required to register for life if the age of the victim was the basis for
the conviction;
(3) has been
determined to be a sexually violent predator pursuant to section 5405 of this
title; or
(4) has been designated
as a noncompliant high-risk sex offender pursuant to section 5411d of this
title.
b.
Upon termination, the VCIC will notify the registrant, law enforcement with
jurisdiction over the registrant, and a registered victim in writing or
electronically that the registrant is no longer required to comply with the
requirements of the Registry.
c.
The VCIC will delete the registrant's record from the Registry database and
will remove any notations from the registrant's criminal history which
indicates that the registrant is registered with the Registry. The VCIC will
cancel the registrant's record in the National Sex Offender Registry.
d. In the event that a person's sex offense
conviction is expunged, reversed or dismissed, the person shall not be required
to register for that conviction. Any information about that conviction will be
deleted from the Registry database and all documentation will be destroyed. If
the person whose conviction is expunged, reversed or dismissed has more than
one entry in the Registry, only the entry related to the case which was
expunged, reversed or dismissed shall be removed and destroyed. The VCIC will
remove any notations from the registrant's criminal history which indicate that
the registrant is registered with the Registry. The VCIC will cancel the
registrant's record in the National Sex Offender Registry and wi!! notify a
registered victim by mail that the registrant is no longer required to
register.
e. In the event of death,
upon verification with the Department of Health, the VCIC will remove the
registrant from the Registry as soon as practicable. The VCIC will remove any
notations from the registrant's criminal history which indicate that the
registrant is registered with the Registry. The VCIC will cancel the
registrant's record in the National Sex Offender Registry.
Section 4 Web Site
Posting
13 VSA
§
5411a requires that the Department
maintain an online Sex Offender Registry for certain offenders, The Vermont Sex
Offender Registry Web Site will be available from a link on the Department's
Home Page. Links to the Vermont Sex Offender Registry Web Site from other
agencies and organizations will be encouraged.
The language in 13 VSA § S411a(h) shall be posted on the
internet site.
4.1 QUALIFICATION OF
REGISTRANTS
As soon as practicable after notification from DOC that an
offender has been sentenced to a probationary sentence, any alternative
sentence under community supervision by DOC, or has been released from
confinement, the VCIC will electronically post on the Vermont Sex Offender
Registry Web Site those offenders who meet the following qualifications:
(1) Sex offenders who have been convicted of:
(A) Aggravated sexual assault of a child (
13 V.S.A. §
3253a ).
(B) Aggravated sexual assault (
13 V.S.A. §
3253 ).
(C) Sexual assault (
13 V.S.A. §
3252 ).
(D) Kidnapping with intent to commit sexual
assault (
13 V.S.A. §
2405(a)(1)(0) ).
(E) Lewd or lascivious conduct with child (
13 V.S.A. §
2602 ).
(F) A second or subsequent conviction for
voyeurism (
13 V.S.A. §
2605(b) or
(c) ).
(G) Slave traffic if a registrable offense
under subdivision 5401(10)(B)(iv) of this title (
13 V.S.A. §
2635 ).
(H) Sex trafficking of children or sex
trafficking by force, fraud, or coercion (
13 V.S.A. §
2635a ).
(I) Sexual exploitation of a minor (
13 V.S.A. §
3258(c) ).
(J) Any offense regarding the sexual
exploitation of children (chapter 64 of this title).
(K) Sexual abuse of a vulnerable adult (
13 V.S.A. §
1379 ).
(L) Human trafficking as defined in
subdivisions 2652(a) ( 1) (4) of this title.
(M) Aggravated human trafficking as defined
in subdivision 2653(a)(4) of this title.
(N) A federal conviction in federal court for
any of the following offenses:
(i) Sex
trafficking of children as defined in
18
U.S.C. §
1591.
(ii) Aggravated sexual abuse as defined in
18 U.S.C. §
2241.
(iii) Sexual abuse as defined in
18
U.S.C. §
2242.
(iv) Sexual abuse of a minor or ward as
defined in
18 U.S.C. §
2243.
(v) Abusive sexual contact as defined in
18 U.S.C. §
2244.
(vi) Offenses resulting in death as defined
in
18 U.S.C. §
2245.
(vii) Sexual exploitation of children as
defined in 18 U.S.C. § 22.51.
(viii) Selling or buying of children as
defined in
18 U.S.C. §
2251 A.
(ix) Material involving the sexual
exploitation of minors as defined in 18 U.S.C. § 22.52.
(x) Material containing child pornography as
defined in 18 U.S.C. § 2.252A.
(xi) Production of sexually explicit
depictions of a minor for import into the United States as defined in
18
U.S.C. §
2260.
(xii) Transportation of a minor for illegal
sexual activity as defined in
18 U.S.C. §
2421.
(xiii) Coercion and enticement of a minor for
illegal sexual activity as defined in
18 U.S.C. §
2422.
(xiv) Transportation of minors for illegal
sexual activity, travel with the intent to engage in illicit sexual conduct
with a minor, and engaging in illicit sexual conduct in foreign places as
defined in
18 U.S.C. §
2423.
(xv) Transmitting information about a minor
to further criminal sexual conduct as defined in
18
U.S.C. §
2425.
(xvi) Trafficking in persons as defined in
18 U.S.C. sections
2251 -
2252(a),
2260,
or
2421 -
2423 if
the violation included sexual abuse, aggravated sexual abuse, or the attempt to
commit aggravated sexual abuse.
(O) An attempt to commit any offense listed
in this subdivision (a)(l).
(2) Sex offenders who have at least one prior
conviction for an offense described in subdivision 5401(10) of this
subchapter.
(3) Sex offenders who
have failed to comply with sex offender registration requirements and for whose
arrest there is an outstanding warrant for such noncompliance. Information on
offenders shall remain on the Internet only while the warrant is
outstanding.
(4) Sex offenders who
have been designated as sexual predators pursuant to section 5405 of this
title.
(5)
(A) Sex offenders who have not complied with
sex offender treatment recommended by the department of corrections or who are
ineligible for sex offender treatment. The department of corrections shall
establish rules for the administration of this subdivision and shall specify
what circumstances constitute noncompliance with treatment and criteria for
ineligibility to participate in treatment. Offenders subject to this provision
shall have the right to appeal the department of corrections' determination in
superior court in accordance with Rule 75 of the Vermont Rules of Civil
Procedure. This subdivision shall apply prospectively and shall not apply to
those sex offenders who did not comply with treatment or were ineligible for
treatment prior to March 1, 2005.
(B) The department of corrections shall
notify the department if a sex offender who is compliant with sex offender
treatment completes his or her sentence but has not completed sex offender
treatment. As long as the offender complies with treatment, the offender shall
not be considered noncompliant under this subdivision and shall not be placed
on the Internet registry in accordance with this subdivision alone. However,
the offender shall submit to the department proof of continuing treatment
compliance every three months. Proof of compliance shall be a form provided by
the department that the offender's treatment provider shall sign, attesting to
the offender's continuing compliance with recommended treatment. Failure to
submit such proof as required under this subdivision (6) shall result in the
offender's placement on the Internet registry in accordance with subdivision
(A) of this subdivision (5).
(6) Sex offenders who have been designated by
the department of corrections, pursuant to section 5411b of this title, as
high-risk.
(7) A person 18 years of
age or older who resides in this state, other than in a correctional facility,
and who is currently or, prior to taking up residence within this state was
required to register as a sex offender in any jurisdiction of the United
States, including a state, territory, commonwealth, the District of Columbia,
or military, federal, or tribal court; except that, for purposes of this
subdivision:
(A) conduct which is criminal
only because of the age of the victim shall not be considered an offense for
purposes of the registry if the perpetrator is under the age of 18 and the
victim is at least 12 years old; and
(B) information shall be posted
electronically only if the offense for which the person was required to
register in the other jurisdiction was:
(i) a
felony; or
(ii) a misdemeanor
punishable by more than six months of imprisonment.
4.2 INFORMATION TO BE
POSTED The following information regarding the sex offender will be posted on
the Internet site:
(1) the offender's name
and any known aliases;
(2) the
offender's date of birth;
(3) a
general physical description of the offender;
(4) a digital photograph of the
offender;
(5) the offender's town
of residence;
(6) the date and
nature of the offender's conviction;
(7) if the offender is under the supervision
of the department of corrections, the name and telephone number of the local
department of corrections office in charge of monitoring the sex
offender;
(8) whether the offender
complied with treatment recommended by the department of corrections;
(9) a statement that there is an outstanding
warrant for the offender's arrest, if applicable;
(10) the reason for which the offender
information is accessible under this section;
(11) whether the offender has been designated
high-risk by the department of corrections pursuant to section 5411b of this
title; and
(12) if the offender has
not been subject to a risk assessment, a statement that the offender has not
been so assessed and that such a person is presumed to be high risk, provided
that the department of corrections shall permit a person subject to this
subdivision to obtain a risk assessment at the person's own expense.
4.3 HOW TO SEARCH
This information shall be organized and available to search
by the offender's name and county of residence only.
4.4 DIGITAL PHOTOGRAPH
A current digital photograph must be obtained at a law
enforcement agency as specified by the VCIC within 30 days of a request from
the VCIC. It must be of acceptable quality to the VCIC and must be updated and
provided to the VCIC by the registrant every year as part of the annual
verification process. A sex offender's failure to comply with this section will
subject a sex offender to prosecution for failure to register.
4.5 USER ACKNOWLEDGEMENT
Users are required to acknowledge that he or she has read the
disclaimer found at 13 VSA § S411a(h)
4.6 VICTIM NOTIFICATION
A registered victim will be notified by the VCIC as soon as
practicable if the sex offender who victimized the registered victim is posted
on the web site. Information provided shall include the date of web site
posting; the reason for posting; the name and telephone number of the local
department of corrections office in charge of monitoring the sex offender if
the offender is under the supervision of the department of corrections; and a
contact name and phone number at the Sex Offender Registry if the offender is
no longer under the supervision of the department of corrections.
4.7 TERMINATION OF WEB SITE
POSTING
a. A registrant who is posted on the
Vermont Sex Offender Registry Web Site shall be removed as soon as practicable
of verification by the VCIC of the following:
i. An outstanding warrant issued for failure
to register has been cancelled.
ii.
A qualifying conviction has been expunged, reversed, or dismissed.
iii. The offender has been
pardoned.
iv. The qualifying risk
level has changed.
v. Death of the
offender.
vi. The VCIC has verified
pursuant to 3.9c that the offender has moved out of state.
vii. Upon 1.0 years from the date of
discharge from DOC, except for persons subject to lifetime registration
pursuant to
13 V.S.A. §
5407(f).
Section 5
Administrative Review Process for Registry or Web Site Posting
5.1 ADMINISTRATIVE REVIEW
An individual who believes that he or she is improperly on
the sex offender registry or on the Vermont Sex Offender Registry Web Site, or
who believes that incorrect information is included in the registry or on the
Vermont Sex Offender Registry Web Site may request an Administrative Review by
contacting the Director in writing. The Director, or his or her designee, in
cooperation with DOC, shall investigate the alleged discrepancy within 3
business days of receipt of notification. The Director is limited to correcting
clerical errors, reviewing orders from the Court, confirming the identity of
registrants and researching matters of law.
5.2 CORRECTIONS
A registry requirement found to be invalid or incorrect will
be corrected as soon as practicable after discovery. The registrant will be
notified by mail that his or her appeal has been successful. If the appeal
results in removal from either the registry or the Vermont Sex Offender
Registry Web Site, the individual shall be removed as soon as practicable. The
VCIC will notify the appropriate law enforcement agencies, DOC and a registered
victim that the individual has been removed from the registry or the Web
Site.
5.3 INVALID CHALLENGE
NOTIFICATION
The Director shall notify in writing any person whose
challenge has been determined to be invalid as a result of an investigation.
Such notice shall advise the individual that no apparent error exists and will
provide an explanation for the decision. The notice shall include information
that the decision may be appealed to the Commissioner of Public Safety.
5.4 APPEAL FROM CHALLENGE
An appeal to the Commissioner shall be initiated by written
notice; indicating in the appeal that the Director has found the challenge to
be invalid. The Commissioner's decision, which shall issue within 30 days of
receipt of the written appeal, will not be set aside absent court order.
Section 6 Sexually
Violent Predators
6.1 NOTIFICATION BY THE
COURT
The Court will notify the VCIC in writing when a person has
been designated a Sexually Violent Predator. Notification will be made within
10 days of the determination by the Court.
6.2 REPORTING REQUIREMENTS
Sexually violent predators must verify their address,
employment, college enrollment and college employment status every 90
days.
6.3 TERMINATION OF
SEXUALLY VIOLENT PREDATOR STATUS
In the event that a registrant's Sexually Violent Predator
designation is removed, the court will send the termination order to the VCIC
within 10 days of the ruling.
Section 7 Notification to Victim Survivors
7.1 VICTIM REGISTRATION
If the victim of a defendant registered with the Registry
wishes to be notified of the current address, place of employment, college
enrollment or college employment, Web Site posting or termination of Registry
requirements of that defendant/registrant, the victim may make such a request
using the victim notification form provided by the Center for Crime Victims
Services or a victim's advocate. The victim must include in the request the
registrant's name, the date of prosecution, the court where the case was
prosecuted and the charge from the case in which the victim was
involved.
7.2 NOTIFICATION
OF CHANGES Whenever an offender changes their address, employment, or college
enrollment or college employment status, Web Site status or Registry status,
and the victim is registered with the VCIC to receive Registry information, the
VCIC will notify the victim in writing or electronically as soon as practicable
as to the registrant's new address, employment or college enrollment, college
employment status, Web Site status or Registry status.
Section 8 Notification to Local Law
Enforcement
Whenever a registrant establishes residence, employment, or
college enrollment or college employment in a jurisdiction or thereafter
changes their address, employment, college enrollment or college employment
status, the VCIC will notify the local law enforcement agency with jurisdiction
over the registrant in writing as to the registrant's address, employment,
and/or college enrollment or college employment status information. The
notification will include the following:
a) the registrant's name,
b) a general physical description,
c) date of birth,
d) home address,
e) the nature of the offense,
f) date of conviction
g) the sentence received,
h) current employment/
i) any postsecondary education
institution,
j) date of
registration,
k) town of residence,
l) name and telephone number of
local DOC office who is supervising the registrant,
m) warrant status,
n) whether the person completed
treatment,
o) any
aliases,
p) other identifying
information,
q) internet status,
r)sexually violent predator
status,
s) risk designation,
and;
t) the fact that the registry
has on file additional information, including the registrant's photograph and
fingerprints.
If appropriate, the VCIC will mail a copy of this
notification to the local law enforcement agency where the registrant formerly
resided, was employed, or attended college or was employed at a college. The
VCIC may make mapping capabilityexclusively available to law enforcement
regarding an offenders' residence, place of employment, or college enrollment
or college employment.
Section
9 Notification to the Public
The Department will post general information regarding the
Registry and how the public may access Registry information on the Department's
web site.
9.1 INTERNET POSTING
With the advent of the publically available Vermont Sex
Offender Internet Site, the following information regarding qualifying
offenders is available on a 24-hours-a-day basis:
The above information regarding individuals on the Internet
Site may be released by any authorized agency at any time based upon a query
from the community.
9.2
COMMUNITY INQUIRY
Requests from the public with regards to registered offenders
not listed on the Internet Site can be made to a law enforcement agency or the
VCIC in person, in writing, or by telephone. The requestor shall be informed
that state statute requires that the requestor provide the name of a subject as
the basis for the query. Queries to law enforcement agencies or the VCIC may
not be done by address, town, or county.
The requestors shall be informed that state law requires all
SOR calls to be logged. The requestor shall be advised that they will be asked
for identification information and this information will be stored in a
confidential database at the VCIC. The requestor will be advised that their
identity will be verified by comparing the information they provide with
driver's license and non-driver's identification information on file at the
Department of Motor Vehicles. In the event that a requestor cannot provide a
driver's license or a non-driver's identification, the VCIC may use alternative
methods to verify their identity. These alternative methods may include a
request to appear in person.
If the driver's license or non-driver's license
identification information provided by the requestor matches the Department of
Motor Vehicle information, the law enforcement agency or the VCIC shall release
only the following registry information if:
a. a requester can articulate a concern about
the behavior of a specific person regarding the requestor's personal safety, or
the safety of another; OR
b. the
requester has reason to believe that a specific person may be a registered sex
offender AND can articulate a concern regarding the requestor's personal safety
or the safety of another:
Name
General physical description
Date of Birth
Date and nature of offense
Whether or not the offender has complied with treatment
requirements
Whether or not there is an outstanding warrant for the
offender for violation of Registry requirements
9.3 REQUESTOR'S LOG
The department and law enforcement agencies shall keep a log
of requests for registry information. The log shall include the following
information regarding the requestor:
a. name;
b. address;
c. telephone number;
d. date of birth;
e. name of the person for whom the request
was made;
f. reason for the
request;
g. date of request,
and;
h. driver's license number.
Information about requestors shall be maintained at the VCIC,
is confidential and shall only be accessible to criminal justice
agencies.
9.4
ACTIVE COMMUNITY NOTIFICATION OF OFFENDERS ON PUBLIC INTERNET SITE
Active community notification by authorized law enforcement
agencies is not required by law, regardless of an offender's status with
regards to the public internet registry.
For offenders listed on the public internet registry law
enforcement agencies may notify members of the public through targeted or
broader community notification. Law enforcement agencies may also conduct
broader community notification beyond persons who are likely to encounter a sex
offender through outlets such as local media or town notification
protocols.
9.5 ACTIVE
COMMUNITY NOTIFICATION OF OFFENDERS NOT ON PUBLIC INTERNET SITE
For offenders not listed on the public internet registry law
enforcement may also conduct targeted or community-wide notification but only
under circumstances which constitute a compelling risk to public safety and
only after consultation with VCIC and the Department of Corrections.
DOC shall notify the department, 4 weeks prior to the
scheduled release date of an offender who poses a high risk to re-offend. DOC
and the department will consult and evaluate whether the release of the
offender constitutes a compelling risk to public safety. If it is determined
that a particular offender merits proactive notification to the community, DOC
shall notify the law enforcement agency which has jurisdiction over the area to
which the offender will be released not less than two weeks prior to release.
The notification will include the reason(s) that the offender constitutes a
compelling risk to public safety and the fact that DOC and the VCIC have been
consulted. This notice shall constitute the consultation as specified in
statute.
The Department, DOC, any authorized local law enforcement
agency and their employees shall be immune from liability in carrying out
community notification except in instances of gross negligence or willful
misconduct, provided that the agencies complied with the Sex Offender Rules and
Regulations.
Section
10 National Sex Offender Registry
The VCIC shall enter registrants into the National Sex
Offender Registry in accordance with federal law.
13 V.S.A. §§
5402(c),
5411a(k)
