U.S. Department of Justice Office Of justice Programs Bureau of Justice Statistics Summary of State Sex Offender Registries ---------------------------------------------------------- This file is text only without graphics and many of the tables. The full report in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/sssor01.htm This report is one in a series. 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#statesors ---------------------------------------------------------- Devon Adams BJS Program Manager Summary of State Sex Offender Registries: Alabama Responsible Agencies: Alabama Department of Public Safety (DPS) and Alabama Criminal Justice Information Center (ACJIC) (DPS maintains official record and photo and operates the notification program. ACJIC maintains all automated files--including criminal history files--and submits data to the FBI.) Who is in the Registry? Covered Offenses: Covered offenses include: rape (13A-6-61 and 13A-6-62 - provided that a sentencing court may exempt from this article a juvenile or youthful offender criminal sex offender for a criminal sex offense as defined in Section 13A-6-62(a)(1)); sodomy (13A-6-63 and 13A-6-64); sexual torture (13A-6-65.1); sexual abuse in the first and second degree (13A-6-66 or 13A-6-67); enticing a child to enter a vehicle, room, house, office, or other place for immoral purposes (13A6-69); promoting prostitution in the first or second degree (13A-12-111 and 13A-12-112); violation of the Alabama Child Pornography Act (13A-12-191, 13A- 12-192, 13A-12-196, or 13A-12-197); kidnaping of a minor, except by a parent, in the first or second degree (13A-6-43 or 13A-6-44); incest when the offender is an adult and the victim is a minor (13A-13-3); soliciting a child by computer for the purposes of committing a sexual act and transmitting obscene material to a child by computer (13A-6-110 or 13A-6-111); any solicitation, attempt, or conspiracy to commit any of the above offenses listed and any crime committed in any State or a federal, military, Indian, or a foreign country jurisdiction, which, if it had been committed in Alabama would constitute an above covered offense. Mandated Registrants: Mandated registrants include all those convicted of a covered offense and released to the community on or after May 1996, plus those released earlier but moving to a new address after May 1996 (and thus being required to register for change of address). Duration of Registration: Lifetime Offenders in Registry, 2/01: 3,338 in community notification registry Automation of Sex Offender Registries Extent of database automation: Partial. Operation of the database(s) is automated, as is some transmission. Most data entry, however, is manual. The Alabama Department of Public Safety (DPS) maintains the "official record" and photo of each sex offender and operates the notification program at the State level. The Alabama Criminal Justice Information Center (ACJIC) maintains the automated files used for dissemination, submits data to the FBI, and maintains the State's criminal history files. Database is linked to criminal history files: Yes. ACJIC flags the criminal history files of registered offenders and identifies sex offenders on routine ACJIC/NCIC "person inquiries." SOR transmits electronically to FBI NSOR system: No. SOR system has capability for electronic transmittal & storage of fingerprints: Yes. Alabama Department of Public Safety houses the State's AFIS, so it has electronic storage and transmission capability for fingerprints. SOR system has capability for electronic transmittal and storage of mugshots: No. As of 2/01, AJCIC could not store or transmit mugshots through its automated system. Polaroid snapshots were maintained by the Department of Public Safety, and used for flyers or faxed for identification purposes. Operation of Sex Offender Registries Sources of Initial Information on Offender: For offenders who are being released from Alabama prisons, the Department of Corrections (DOC) sends an electronic record on the offender and his intended address to the Alabama Criminal Justice Information Center (ACJIC). The DOC also sends the offender's photo to the Alabama Bureau of Investigation (ABI), the responsible entity within DPS. ACJIC electronically notifies both the local law enforcement agency and the district attorney in the jurisdiction where the offender plans to reside of the offender's release date. When the offender registers locally, the local law enforcement agency sends paper copies (and fingerprint cards if the offender is moving in from out-of-state) to ABI and ACJIC. DNA Sample: Yes. Department of Public Safety (DPS) reports that a DNA sample is taken from registered sex offenders "when they can get it." Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Yes. DPS sends each offender an annual letter on his birthday, saying he must go to the local sheriff's office in person and validate his address or reregister. Letters sent marked "Not to Be Forwarded" and the offender's local sheriff also is notified. If an offender moves, he must notify the local sheriff at both his old and new location 30 days in advance of the move; the sheriff then notifies DPS. Offenders moving out-of-state must notify their local sheriff; the sheriff then notifies DPS, and DPS notifies the receiving State. B. SOR Notification is Automated: No. C. Penalties for Noncompliance: All violations are a Class C felony, punishable by a 1 to 5 year prison sentence. Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: All Alabama law enforcement or criminal justice agencies with access to criminal history information have access to sex offenders information through the Alabama Criminal Justice Information Center (ACJIC). For sexual offenders qualifying for community notification, the Alabama Department of Public Safety (DPS) sends a "flier" containing a photo and detailed information on the offender to the local law enforcement agency where the offender resides. The local agency duplicates the flier and mails it to everyone within a specified geographic area. To Organizations Serving Children, Elderly, and the Mentally Ill: As of 2/01, the Alabama SOR has no specified procedures for affirmative notification to schools or organizations other than the community notification requirements outlined in the following section. Procedures for Public Access: When an offender qualifies for community notification (those convicted of rape, sodomy, sexual torture, sexual abuse, child sexual abuse and incest, when victim under 18 and offender over 20), fliers with the offender's photo are mailed to everyone living within 1,000ft. of his home (in cities), 1,500ft. in towns, and 2,000ft. in rural areas. Citizens also may review fliers at local law enforcement agencies. Internet Website: (include web address and number of hits per month, if applicable) An Internet website for the sex offender registry can be found at: http://www.gsiweb.net/index.html Summary of State Sex Offender Registries: Alaska Responsible Agency: Alaska State Troopers Who is in the Registry? Covered Offenses: The term "sex offense" was changed to include solicitation, or conspiracy to commit a covered offense. Covered offenses are sexual assault in the first, second, or third degree; sexual abuse of a minor in the first, second or third degree; incest; unlawful exploitation of a minor; child pornography; distribution of child pornography; promoting prostitution in the first degree; kidnaping a victim under the age of 18 (including attempt, solicitation, or conspiracy); sexual abuse of a minor in the 4th degree if: (1) the offender is 18 years of age or older, (2) the offender engages in sexual contact with the person, (3) the person is 16 or 17 years of age and at least 3 years younger than the offender, (4) the offender occupies a position of authority over the person; promoting prostitution in the third degree if: the person who was induced or caused to engage in prostitution was 16 or 17 years of age at the time of the offense; indecent exposure in the first degree; indecent exposure in the second degree if the indecent exposure is before a person under the age of 16 and the offender has a previous conviction for that offense; and the former Alaska law to assault with the intent to commit rape under former Alaska Statute 11.51.160 (assault with the intent to commit murder, rape or mayhem). Mandated Registrants: A sex offender or child kidnaper, who is physically present in the State, shall register. The sex offender or child kidnaper shall register (1) for 15 years annually during the term of duty to register and ends 15 years following the sex offender's or child kidnaper's unconditional discharge from a conviction for a single sex offense that is not an aggravated sex offense or for a single child kidnaping if the sex offender or child kidnaper has supplied proof that is acceptable to the department of the unconditional discharge; (2) for life for those convicted of (a) one aggravated sex offense; or (b) two or more sex offenses, two or more child kidnapings, or one sex offense and one child kidnaping. Lifetime registrants must report quarterly. Duration of Registration: Offenders convicted of one single conviction for sexual abuse of a minor in the first degree or sexual assault in the first degree are added to the list of offenders required to register for life. (Sexual assault in the first and sexual abuse of a minor in the first degree are classified as "aggravated sex offenses".) Offenders in Registry, 2/01: 4,107 in total. Alaska maintains nine categories of persons required registering. The categories, and the number of individuals in each as of 3/2001, are as follows: (1) Registered sex offenders (formally and properly registered sexual offenders) 2,256; (2) Registered sex offenders not in compliance (those formally registered, but not compliant with their annual or quarterly verification requirements) 287; (3) Never registered (offenders reported to be required to register, but who have never done so) 223; (4) In jail (a category of sex offenders who are required to register, but who are in jail in Alaska, although not necessarily for a sex offense) 724; (5) Out of state (sex offenders who are required to register, but who are reported to be out-of-state) 509; (6) Unknown (sex offenders who are reported to be required to register and an investigation has been conducted to locate them with negative results; (7) Interim (registered sex offenders who have registered or provided annual or quarterly written verification but the registration form has not been received by the Sex Offender Central Registry Office); (8) Anticipated (sex offenders registered in other States who are reported to be coming to Alaska); and (9) Moving (registered sex offenders who have reported they are moving out of Alaska). In addition to sex offenders being in these categories, the status of offenders who have been identified as child kidnapers will be added. Automation of Sex Offender Registries Extent of database automation: Partial. The Sex Offender Registration Central Registry (SORCR) is automatically updated from Alaska's criminal history files, the offender's registration period is automatically calculated, and some reports are automatically generated. Information from the sex offender registry is automatically downloaded from SORCR to Alaska's Internet website. However, manual entry is required to enter information from the registration to the mainframe. Database is linked to criminal history files: Yes. The entry of a conviction for a covered offense into the criminal history system triggers the offender's entry into SORCR. SOR transmits electronically to FBI NSOR system: No The Sex Offender Registry software is expected to be upgraded and will participate in the: (1) National Sex Offender File; (2) Interstate exchange of Sex Offender Registration information through NLETS. SOR system has capability for electronic transmittal & storage of fingerprints: No, not at the registry where APSIN and SORCR are maintained. Currently, fingerprints, taken on the FBI fingerprint card, are mailed to the registry, which then mails them to the Records and Identification Bureau for entry into AFIS. SOR system has capability for electronic transmittal and storage of mugshots: Partial capability exists, but the current system does not meet the requirements of the FBI. As of 2/01, registration photos are mailed to the central registry where they are scanned into a Polaroid system and stored in a proprietary electronic file format that does not comply with national mugshot standards. Operation of Sex Offender Registries Source for Initial Information on Offender: Conviction information is received from the courts in hard copy. Corrections facilities "register" offenders prior to their release and mail the signed forms and photos (hard copy) to the central registry. Offenders under community supervision or under no supervision register with local police or with State Troopers who also mail hard copy to the central repository and registry. DNA Sample: No Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: The Alaska procedure and requirements for reregistration (written verification) is revised due to the new statutes: All registrants will be put in a group. For the registrants who must provide quarterly written verifications (lifetime registrants) there will be three groups. Group 1 is January, April, July and October; Group 2 is February, May, August and November; and Group 3 is March, June, September and December. The person must register sometime between the first and last day of each month that he is required to register. Registration date (month) will be based on the first date that the individual registers. Persons that are required to register (provide written notification) annually (required to register for 15 years) will register each year sometime between the first and last day of the month they originally registered. (These procedures will do away with the date of registration or written verification being based on a registrant's birthday.) Offenders are required to register by the next working day following their entry into Alaska or any change in their residential address (including an anticipated move into another State) or mailing address. SOR Notification is Automated: No Penalties for Noncompliance: Failure to Register (FTR) has been classified into two crimes: (1) FTR 2nd degree (class A misdemeanor): (a.) if the person knowingly fails to register; file the written notice of change of address; file the annual or quarterly written verification; or supply all of the information required. Conviction requires a mandatory minimum sentencing of 35 days in jail that cannot be suspended. (2) FTR 1st degree (class C felony): (a) if the person violates FTR 2nd degree: 1. and the person has been previously convicted of failure to register in the second degree or a law or ordinance of this or another jurisdiction with elements similar to a crime under this section or FTR 2nd degree; 2. with intent to escape detection or identification and, by escaping detection or identification, to facilitate the person's commission of a sex offense or child kidnaping. (The fact that the defendant, for a period of at least one year, failed to register as a sex offender or child kidnaper, failed to file the annual or quarterly written verification or changed the sex offender's or child kidnaper's address and did not file the required notice of change of address, is prima facie evidence that the defendant intended to escape detection or identification and move out of the State.) Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: Copies of the lists for 1) registered sex offenders, 2) unregistered sex offenders and 3) noncompliant registered sex offenders are sent to local police departments every 2-3 months through the regular mail. Procedures are being set up to use e-mail for these lists. Dissemination to criminal justice agencies also occurs through the Alaska Public Safety Information Network (APSIN). Almost all Alaska criminal justice agencies have on-line access to APSIN, and sex offender data/status will be provided for any "person query." Agencies with access to Internet can query and sort SORCR data by geographic location and view mugshots. To Organizations Serving Children, Elderly, and the Mentally Ill: As of 2/01, no special or affirmative notification of schools or other organizations is reported. (See Procedures for Public Access, below.) Procedures for Public Access: The public has access to information on registrants through Alaska's Internet site. All offenders required to register, whether they are registered, have never registered, registered but are out of compliance, or in jail, will be on the Internet. The public may also obtain information from the local police station, and they may receive hard copy reports on individual sex offenders through the SORCR office in response to individual requests. Internet Website: (include web address and number of hits per month, if applicable) Yes, began June, 1997; now averaging over 1,200 queries per day. http://www.dps.state.ak.us/nsorcr/asp Summary of State Sex Offender Registries: Arizona Responsible Agency: Department of Public Safety Who is in the Registry? Covered Offenses: A person who has been convicted of a violation or attempted violation of any of the following offenses or who has been convicted of an offense committed in another jurisdiction which if committed in Arizona would be a violation or attempted violation of any of the following offenses: unlawful imprisonment pursuant to section 13-1304 if the victim is under eighteen years of age and the unlawful imprisonment was not committed by the child's parent; kidnaping pursuant to section 13-1304 if the victim is under eighteen; sexual abuse if the victim is under eighteen pursuant to section 13-1304; sexual conduct with a minor pursuant to section 13-1305; sexual assault pursuant to section 13-1306; sexual assault of a spouse pursuant to section 13-1306.01; molestation of a child pursuant to section 13-1410; continuous sexual abuse of a child pursuant to section 13-1417; taking a child for the purpose of prostitution pursuant to section 13-3206; child prostitution pursuant to section 13- 3212; commercial sexual exploitation of a minor pursuant to section 13-3552; sexual exploitation of a minor pursuant to section 13-3553; a second or subsequent violation of public sexual indecency or indecent exposure to a minor under the age of fifteen years pursuant to sections 13-1402, 1403 subsection B; a third or subsequent violation of indecent exposure pursuant to section 13-1402; a third or subsequent violation of public sexual indecency pursuant to section 13-1403; and a violation of section 13-3822 or 13-3824. Mandated Registrants: All Arizona residents convicted of a covered offense must register. The local law enforcement agency is responsible for evaluating the out-of-state offense to determine if Arizona registration is required. Duration of Registration: Lifetime for adult offenders. The registration requirement for juvenile sexual offenders ends when they become 25. Offenders in Registry, 2/01: 11,500 Automation of Sex Offender Registries Extent of database automation: Partial. The SOR database itself is automated, but most data must be entered manually. At present, data collection is done manually, with most forms filled out by hand, and transmitted to the SOR in hard copy. The Sex Offender Profiling and Notification Database, maintained in another section of the Department of Public Safety (DPS), is similar. Database is linked to criminal history files: Yes. The Sex Offender Registry is part of the Arizona Criminal Justice Information System (ACJIS), but is maintained in a separate database. A response to a criminal history query, however, will include any information on that individual in the SOR database. SOR transmits electronically to FBI NSOR system: Yes. As new records are entered into Arizona's SOR, they are automatically forwarded electronically to the FBI NSOR system. SOR system has capability for electronic transmittal & storage of fingerprints: The capability of transmitting and storing digital fingerprints in the Arizona Automated Fingerprint Identification System (AZAFIS) has existed since June 1995. The electronic capability is available in all the sheriff's offices and various Department of Correction facilities. Upon completion of the identification process the sex offender registration fingerprint card is printed and is mailed to the SOR with the offender's registration form. SOR system has capability for electronic transmittal and storage of mugshots: The AZAFIS Mug Photo Interface Subsystem was implemented June 1998. All sheriffs' offices and various Department of Correction facilities have the capability to capture and transmit digital mug photos. These photos are stored in the AZAFIS Mug Photo Server at the Department of Public Safety and is accessible by authorized users statewide. Operation of Sex Offender Registries Source for Initial Information on Offender: For Sex Offender Registry, information comes from the local sheriff's office when an offender completes his in-person registration. A copy of registration form is faxed to the SOR; the signed original, a photo, and fingerprint cards are then mailed to the SOR. For the Sex Offender Profiling and Notification Unit, the Arizona DOC, the jail, or the supervising probation agency enters information on the offender, his/her risk assessment, and the offense directly into the Sex Offender Profiling System. The system then generates messages to the Notification Coordinator and the sheriff of the jurisdiction that will be receiving the offender. DNA Sample: Yes. DNA samples are maintained by DPS Crime Lab. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Legislation requires registered offenders to obtain a driver's license or an identification license annually from the Motor Vehicle Division and the Department of Public Safety is required to conduct annual address verification on all sex offenders within the State registry. SOR Notification Automated: Not applicable. Penalties for Noncompliance: Violation is a Class 4 felony. Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: Information on registered sexual offenders is disseminated to criminal justice agencies through Arizona Criminal Justice Information System (ACJIS) in response to criminal history queries. Detailed information on the offender, his risk assessment, and the offense summary is maintained by the Sex Offender Compliance Unit for use by and with local law enforcement agencies in the community notification program. To Organizations Serving Children, Elderly, and the Mentally Ill: The Arizona community notification program focuses on "neighborhoods" at risk, rather than specific organizations or victim types. There is a State-level Community Notification Coordinator, but the local law enforcement agency determines the level of notification, and the geographic "neighborhood," to be notified, based on a review of the individual's risk assessment. Level 1 (low risk) requires minimal notification, level 2 (medium risk) gives the local agency wide discretion on the extent of notification, while level 3 (high risk) requires extensive notification within the "neighborhood" at risk. Procedures for Public Access: There is no automatic public access to SOR information. Each law enforcement agency keeps a notebook on registered offenders residing in the jurisdiction that receives community notification. Citizens may ask to see the file and usually have to demonstrate a need to know. Access is at the discretion of the law enforcement agency, with a log kept of who views the file. Internet Website (include web address and number of hits per month, if applicable) The Department of Public Safety maintains an Internet website with information on all level 2 and 3 offenders. http://www.azsexoffender.com Summary of State Sex Offender Registries: Arkansas Responsible Agency: Arkansas Crime Information Center Who is in the Registry? Covered Offenses: Covered offenses are: rape; carnal abuse in first, second, or third degree; sexual misconduct; sexual abuse in first or second degree; sexual solicitation of a child; violation of a minor in first or second degree; incest; sexual exploitation of children; promoting prostitution in the first degree; stalking; transportation of minors for prohibited sexual conduct; employing, or consenting to the use of a child in sexual performance; producing, directing or promoting sexual performance; an attempt, solicitation or conspiracy to commit any of the enumerated offenses; and adjudication of guilt for equivalent offenses in another State, federal, or military court. Mandated Registrants: All convicted sexual offenders released to the community on or after the effective date of the legislation, August 1, 1997, are required to register, as well as all persons who were required to be registered under the former "Habitual Child Sex Offender Registration Act." The Arkansas Attorney General has ruled that the registration requirement covers all offenders who had been convicted and were, as a result, under some form of criminal justice supervision on August 1, 1997, regardless of date of conviction. Duration of Registration: For "sexual offenders," registration is a minimum of 15 years. For those classified as "sexual predators", the registration requirement is a minimum of 20 years. Offenders may petition the court for removal of the registration requirement after expiration of the minimum time requirement. Offenders in Registry, 2/01 As of 2/15/01 Arkansas has 2,935 registered sex offenders. Automation of Sex Offender Registries Extent of database automation: Partial. The SOR database itself is automated, but data entry is manual, and information submission is paper-based. As of February, 2001 an Imaging System was installed, now all sex offender documents are stored electronically. Database is linked to criminal history files: Yes. Registered offenders' records are flagged in the criminal history file. The SOR file is not fingerprint- based, but the SOR record is tied to the offender's fingerprints in the criminal history system. SOR transmits electronically to FBI NSOR system: Yes. SOR system has capability for electronic transmittal & storage of fingerprints: Yes, the capability exists, but through the criminal history system. While the current SOR database does not have fingerprints, the SOR records are tied to fingerprints in the criminal history system, which has the storage capacity. SOR system has capability for electronic transmittal and storage of mugshots: No. There is no current capacity for automated mugshot transmission or storage. The Registry anticipates the availability of images in 2001. Operation of Sex Offender Registries Source for Initial Information on Offender: The Department of Corrections, Department of Community Punishment and local law enforcement provide the SOR with information (in hard copy) on qualifying offenders when they are convicted, and the offenders are entered into the Registry at that time. When a sexual offender is released to the community and registers locally, the Sex Offender Registration form is forwarded (in hard copy) to the Arkansas Crime Information Center (ACIC) by the releasing agency, and the record is updated. DNA Sample: No, but legislation is currently pending. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Yes. ACIC mails out non-forwardable letters informing offenders of the requirement to verify their addresses. Letters are sent every six months to sexual offenders, and every three months to those classified as " sexually violent offenders." B. SOR Notification Automated: Yes. C. Penalties for Noncompliance: Violation is a Class D felony, punishable by up to 6 years in prison and/or a fine. Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: Through the statewide Arkansas Crime Information Center (ACIC) network, all data provided on the Sex Offender Registration form and entered into the SOR is available to all law enforcement agencies within the State. To Organizations Serving Children, Elderly, and the Mentally Ill: Community notification is conducted by local law enforcement agencies in accordance with guidelines developed by the Sex Offender Assessment Committee. Notification to organizations, schools and institutions is made for offenders determined to be medium (level 2) or high (level 3) risk. Procedures for Public Access: As of 2/01, there are no procedures for general public access to information from the Arkansas Sex Offender Registry system. As noted, community notification is conducted by local law enforcement; in some cases schools may notify parents of information received from a law enforcement agency. Internet Website: (include web address and number of hits per month) The ACIC website provided information on the Arkansas law, the offenses requiring registration, and a numerical listing of the number of registered offenders in a given county, but did not post data on individual offenders. http://www.acic.org/registration Summary of State Sex Offender Registries: California Responsible Agency: California Department of Justice, Division of Criminal Justice Information Services Who is in the Registry? Covered Offenses: Almost all sexual offenses involving adult and child victims require offender registration. Covered offenses include rape, sexual battery, child sexual abuse, sodomy, oral copulation, child pornography, kidnaping or assault with intent to commit a covered offense, pimping or pandering involving a minor, and indecent exposure, as well as specified juvenile sex offenses. Some of the covered crimes are misdemeanors. Mandated Registrants: Mandated Registrants include: all adults convicted in a California court of a covered offense since 1944. Also, those convicted of comparable offenses in federal, military, or other State courts if the offender resides in or moves to California. Since 1986, juveniles convicted of specified offenses are required to register. Duration of Registration: Lifetime for all registrants, unless the offense is decriminalized, the requirement is terminated, or if juvenile record is sealed. Offenders in Registry, 2/01: 88,853. The California Registry holds all those who have registered or who have received notification they should register. The latter group includes both those not yet released from incarceration and those who received formal notification to register but have absconded or otherwise evaded doing so. Automation of Sex Offender Registries Extent of database automation: Fully automated database. The California Sex Offender Registry is maintained as a separate file within California's Violent Crime Information Network (VCIN). Database is linked to criminal history files: All sex offender registration history prior to April 1996 is on the automated criminal history system or on manual folder rap sheets. Since April 1996, registration information is maintained in the Violent Crime Information Network (VCIN). A flag is in the relevant criminal history file stating, "For current registration information inquire into VCIN". SOR transmits electronically to FBI NSOR system: Yes. Currently there are about 52,000 records in the National file. SOR system has capability for electronic transmittal & storage of fingerprints: No. The SOR and VCIN do not have this capability. Electronic fingerprints are stored in the California AFIS system. SOR system has capability for electronic transmittal and storage of mugshots: Yes. The capability exists for those with access to California VCIN. Operation of Sex Offender Registries Source for Initial Information on Offender: Depending on the sentence, the initial information on an offender comes from Department of Corrections (DOC) if the sentence was to a prison term, from the courts (if probation), from the State hospital (if sentence is a commitment), or from the local jail administrator or sheriff (if jail). Prisons and jails submit data (records, photographs, fingerprints, etc.) when a mandated registrant begins his sentence, and it is entered in the SOR as "pre-registration." As of 2/01, the initial data may be submitted electronically or as hard copy. DNA Sample: Yes. DNA samples are maintained at the State's DNA laboratory in Berkeley, California. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: No. California does not send an address verification notice or a reregistration reminder. Annual address verification is the registrant's responsibility and must be done in the 5 working days preceding or following his birthday. (Transients and sexually violent predators must verify their addresses every 90 days). SOR Notification Automated: Not applicable Penalties for Noncompliance: If the underlying offense was a misdemeanor, failure- to-comply is a misdemeanor. If the underlying offense was a felony, then any failure-to-comply is a felony (it can and has been used as third strike in California's three-strikes-and-out legislation). Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: SOR information is available to all California law enforcement and criminal justice agencies through the California Law Enforcement Telecommunications System (CLETS) or to those with access to Violent Crime Information Network (VCIN) workstations. Out-of-state agencies access California sex offender registrant information via NSOR. To Organizations Serving Children, Elderly, and the Mentally Ill: Notification is the responsibility of the local law enforcement agency where the offender resides. Legislation specifies the conditions for limited notification to organizations or to specific individuals or for broader public advisories and notification on serious and high-risk sex offenders. Procedures for Public Access: Public access to SOR information is provided in two ways. California has a CD-ROM and operates a 900 phone number of serious and high risk registered sex offenders. Adults and children accompanied by a parent or guardian living in California (other than registered sex offenders) may view the CD-ROM at their local enforcement agency at no fee (the names of those viewing the CD-ROM are maintained for 5 years). Nationwide, adults may obtain sex offender information via the California Sex Offender Information telephone service at: 1-900-488-3000. There is a $10 fee for up to two names searches for this service. Internet Website: (include web address and number of hits per month, if applicable) No. California does not have sex offender registrants on a website. Summary of State Sex Offender Registries: Colorado Responsible Agency: Colorado Department of Public Safety Who is in the Registry? Covered Offenses: Sexual assault in the first, second, or third degree; sexual assault on a child; sexual assault on a child by one in a position of trust; sexual assault on a client by a psychotherapist; incest and aggravated incest; enticement, trafficking, or sexual exploitation of children; procurement of a child for sexual exploitation; solicitation for child prostitution; procurement, pandering, or pimping involving children; patronizing a prostituted child; inducement of or solicitation for child prostitution; keeping a place of child prostitution; patronizing a prostituted child; and criminal attempt, conspiracy, or solicitation to commit any covered offense; and deferred judgement and sentence for any covered offense. Mandated Registrants: Any person convicted of a covered offense in Colorado on or after July 1, 1991 is required to register; also, persons convicted of comparable offenses in another State on or after July 1, 1991, and moving to Colorado; and persons convicted of covered offenses and released from the Colorado Department of Corrections (DOC) to the community on or after July 1, 1991. Duration of Registration: Duration of the registration requirement depends upon the seriousness of the offense. Offenders may petition the court for an order to discontinue the requirement to register after a specified number of offense-free years following the person's final release from the jurisdiction of the court. For example, offenders may petition after 20 years if convicted of a class 1, 2, or 3 covered felony; after 10 years if convicted of a class 4, 5, or 6 covered felony; after 5 years if convicted of a covered misdemeanor; or after the successful completion of a deferred judgment; or after successful discharge of a sentence if the offender was less than 16 years of age at the time of the offense. Offenders in Registry, 2/01: 8,804 (does not include those to be released within the month) Automation of Sex Offender Registry Information Extent of database automation: Fully automated database. The electronic SOR files are maintained by the Colorado Bureau of Investigation (CBI) through its Colorado Crime Information Center (CCIC) program, but CBI is not the custodian of the official records. The official records remain at the local level where the offender registers. Database is linked to criminal history files: Yes. SOR transmits electronically to FBI NSOR system: Yes. SOR system has capability for electronic transmittal & storage of fingerprints: Yes. SOR system has capability for electronic transmittal and storage of mugshots: Yes. Operation of Sex Offender Registries Source for Initial Information on Offender: Information comes from the courts if the sentence is probation, from the Department of Corrections (DOC) if it is prison sentence. DOC places a "subject to registration" notice in the SOR when the offender is released, and the local law enforcement agency may (discretionary, not mandatory) enter information when the offender registers at his jurisdiction of residence. All send information electronically to Colorado Crime Information Center (CCIC). DNA Sample: Yes. However, it is not part of the SOR program. DNA and blood samples are now collected for all offenders in the Colorado State prison system. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: No. Colorado has no address checks or verifications except as these may occur through parole activities. A registered offender moving within the State is required to register at his new location, and the local agency enters the new registration into the SOR system, but neither the local agency nor the State SOR program has any responsibility to verify the address. SOR Notification Automated: Not applicable. Penalties for Noncompliance: The first offense is a Class 2 misdemeanor, punishable by 3 to 12 months in jail and/or a fine of $250 - $1,000. Subsequent offenses are a Class 6 felony punishable by a minimum of one year in a State Department of Corrections facility. (Pending legislation would make the first violation a Class 6 felony and subsequent violations a Class 5 felony.) Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: Information from the State's electronic SOR is available to all Colorado law enforcement and criminal justice agencies on-line through the Colorado Crime Information Center (CCIC). Out-of-state agencies may send an NLETS AM message for a search of the registry. To Organizations Serving Children, Elderly, and the Mentally Ill: Notification is the responsibility of local law enforcement agencies which may notify organizations or individuals "for reasons of public protection." As of February 2001, legislation does not mandate affirmative notification to specific organizations or institutions. Procedures for Public Access: The public has access to information on registered sexual offenders only through the local law enforcement agency where the offender is currently registered. In Colorado, the SOR information is considered a public record. Internet Website: (include web address and number of hits per month, if applicable) A website is currently was under construction as of 2/01. The website was available as of 7/30/01. http://sor.state.co.us Summary of State Sex Offender Registries: Connecticut Responsible Agency: Connecticut Department of Public Safety Who is in the Registry? Covered Offenses: On October 1, 1998, Connecticut's Sex Offender Registration Law (C.G.S. Sec. 54-250, et. seq.) established centralized sex offender registration procedures. With the legislation, the sex offender registry went into operation on an Internet site, effective January 1, 1999. The sex offender registration law covers first through fourth degree sexual assault, aggravated first degree sexual assault, risk of injury involving sexual contact with a child, kidnaping, promoting prostitution with a minor, promoting a minor in obscene performance, public indecency when the victim is under 18, and conspiring, attempting, or directing the commission of a covered offense, and any felony the court finds was committed for a sexual purpose. Mandated Registrants: Registration is mandatory for any person who has been convicted or found not guilty by reason of mental disease or defect of a sexually violent crime and released on or after October 1, 1998. Registration is also mandatory for any person who has been convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor or a nonviolent sexual offense and is released on or after October 1, 1998. Juvenile offenders who have been convicted in an adult court for the indicated sexual offenses and released are mandated to register. In specified, limited situations (defined in statute), the court may exercise discretion in granting exemptions or making restrictions in a registration. In Connecticut, the classification "sexually violent offender" includes both offenders meeting the federal definition of sexually violent predators and offenders meeting the federal definition of sexually violent offenders. Duration of Registration: Lifetime registration is mandated for those convicted of sexually violent offenses. A ten (10) year period applies for those offenders convicted of crimes against victims who are minors. For an offender from out-of-state, the ten (10) year registration period, if applicable, is presumed to have started when the offender is first released to the community. Offenders in Registry, 2/01: As of April 2001, sex offenders registered and listed on the Internet site total 2,030. Additional sex offenders with convictions requiring registration remain incarcerated, a sex offender does not register until released. Also, qualified sex offenders from Connecticut who have declared residences in other States are registered in accordance with the other State of residence procedures. Automation of Sex Offender Registries Extent of database automation: On October 1, 1998, Connecticut's Sex Offender Registration requirements became effective. The Internet based sex offender registry went into operation on January 1, 1999. The statewide SOR, initially utilized an interim database A more extensive, automated database has been established with the use federal funds. Database is linked to criminal history files: Preliminary work for the SOR perspective has been completed to receive criminal history information from the computerized criminal history system. The Offender Based Tracking System (OBTS) being developed will provide both criminal history and programmed inmate release date information for use in the sex offender registration process. SOR transmits electronically to FBI NSOR system: Yes. The Connecticut SOR has initiated electronic transmission of sex offender registration data to the NSOR. SOR system has capability for electronic transmittal & storage of fingerprints: Yes. An AFIS is operational within the Department of Public Safety and is the repository of all fingerprint data. While fingerprints are stored in the AFIS, procedures for electronic transmittal to the FBI will be addressed with the acquisition of an AFIS with store and forward capability. SOR system has capability for electronic transmittal and storage of mugshots: No. A statewide system for the receipt and management of offender photo images is being developed to handle all photo images (mugshots), in accordance with EFTS standards for digital mugshot images. Federal funds, in part, are being utilized to implement photo image capture, management, and transmission capability meeting FBI standards. Operation of Sex Offender Registries Source for Initial Information on Offender: With the new system effective on October 1, 1998, the central sex offender registry in Department of Public Safety (DPS), Division of State Police receives conviction information from the courts and completed registrations from the releasing correction institution or the court. Offenders must complete registration as a condition of release from incarceration or from the custody of the court when no incarceration occurs. All registration information is transmitted electronically to DPS. DPS notifies the municipal law enforcement agency or the chief elected official (in a situation of no municipal law enforcement agency) of the municipality where the offender resides with both electronic and hard copy registration information. The hard copy information is made available for public inspection. (In Connecticut, there is no county government.) Prior to October 1, 1998, sex offender registration was a responsibility of municipal law enforcement agencies; records remained with the municipal law enforcement agency without address verification and reregistration procedures. DNA Sample: Yes. Effective October 1, 1998, DNA samples are taken from all sexual offenders upon registration and prior to the sex offender's release into the community. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Under the new, centralized sex offender registration procedures effective October 1, 1998, non-forwardable address verification forms are sent to all registered sex offenders. Sexually violent offenders are required to verify the address of record every 90 days; sex offenders guilty of criminal sexual offenses against a victim who is a minor or guilty of a non violent sexual offense are required to verify the address of record annually. If the offender does not respond within 10 days, the DPS notifies the municipal law enforcement agency, which is required to issue an arrest warrant. The DPS is required to issue arrest warrants for geographic areas not served by municipal law enforcement agencies. The notification procedures are managed by the Sex Offender Registration Unit in the DPS; this Unit is available to municipal and State police with enforcement procedures. SOR Notification Automated: The verification process is automated with machine generated forms and mailing procedures. Penalties for Noncompliance: Under the new, centralized registration procedures effective October 1, 1998, noncompliance with the sexual offender registration requirements and procedures is a Class D felony, punishable by one to five years in prison and/or a fine of up to $5,000. Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: Sex offender registry information from the statewide sex offender registry is provided to municipal and State law enforcement agencies, in as much as these agencies are required to maintain copies of sex offender registrations for their jurisdictions respectively and make them available to the public. The statewide registry is centrally maintained by the Department of Public Safety, with information dissemination to the law enforcement agency for the municipality of residence of the sex offender. In addition, criminal history information is available to law enforcement and criminal justice agencies only by query via the Connecticut On Line Law Enforcement Communications Teleprocessing (COLLECT) system. Sex offender registration information is transmitted to the FBI for inclusion in the National Sex Offender Registry (NSOR). Effective January 1, 1999, the public was provided access to the sex offender registry via an Internet site. To Organizations Serving Children, Elderly, and the Mentally Ill: Any law enforcement agency, including the Department of Public Safety, Division of State Police and municipal law enforcement agency, is authorized to notify any governmental agency, private organization, or individual of registration information when it is believed that the notification is necessary to protect the public or an individual from a sex offender. This wording became effective October 1, 1998. In January 1999, a statutorily established Sex Offender Registration Committee recommended guidelines for use by law enforcement agencies in considering and establishing community notification procedures. Effective January 1, 1999, all organizations and persons were provided access to the sex offender registry via an Internet site. [On May 18, 2001, the United States District Court, District of Connecticut issued a permanent injunction prohibiting all public access to the sex offender registry. Please refer to the section titled Current Status, following at the end of this summary, for an additional explanation.] Procedures for Public Access: Under the new, centralized sex offender registration procedures effective October 1, 1998, two procedures for public access are established: (1) a copy of the sex offender registrations became available for public inspection in law enforcement agencies serving the sex offender's municipality of residence and (2) the statewide sex offender registry on the Internet was established, effective January 1, 1999. Law enforcement agencies must make copies of the registration information available during business hours; most are available 24 hours a day via dispatcher/clerk offices. The Internet site is available 24 hours a day, 7 days a week. [On May 18, 2001, the United States District Court, District of Connecticut issued a permanent injunction prohibiting all public access to the sex offender registry. Please refer to the section titled Current Status, following at the end of this summary, for an additional explanation.] Internet Website: (include web address and number of hits per month, if applicable) The Internet site is located on the State of Connecticut, Department of Public Safety homepage. The site became operational January 1, 1999. The site address is: http://www.state.ct.us/dps/ The number of queries made against the Internet sex offender registry database average about 120,000 per month. (In the initial month, 1.9 million inquires were logged.) Studies indicate a person will generally make between 4 and 10 queries per session. *Current Status- as of May 22, 2001 On March 31, 2001, the United State District Court, District of Connecticut in a summary judgment determined that public disclosure and dissemination of inclusion in the sex offender registry maintained by the State of Connecticut pursuant to the Connecticut Sex Offender Registry Act violated the rights under the Due Process of the Fourteenth Amendment. The class action plaintiff was found to be included in the registry, not because he has been determined to pose a threat to public safety, but solely because he has been convicted of one of numerous offenses enumerated in the Act. The Court found that the liberty interest of the class action plaintiff was deprived without providing notice and an opportunity to be heard on the question as to whether the plaintiff is dangerous. The Connecticut Sex Offender Registry Act provides for the due process to occur during and as part of trials on the statutorily identified sexual offenses. The summary judgment has been appealed to the United States Second Circuit Court of Appeals. On May 18, 2001, the United States District Court, District of Connecticut issued a permanent injunction, prohibiting public access to the sex offender registry. The injunction prohibits the State of Connecticut from disclosing or disseminating the Registry or Registry information to the public in printed or electronic form and identifying any person as being included in the Registry. The District judge ordered the Registry website be taken down immediately. The Registry may be used by law enforcement personnel in providing for public safety as long as the names of sex offenders are not disclosed as being included in the Registry. The District judge, in response to a request by the State of Connecticut, denied a stay of the injunction. Also on May, 18, 2001, the State of Connecticut requested of the United States Second Circuit Court of Appeals a stay of the injunction on an emergency basis; this appeal is pending before the United States Second Circuit Court of Appeals. Summary of State Sex Offender Registries: Delaware Responsible Agency: Delaware State Police Who is in the Registry? Covered Offenses: The Delaware sex offender registry legislation essentially covers "all sexual offenses" as specified in Sections 764 through 779 and Sections 1108 through 1111 of Title 11 of Delaware Crimes and Criminal Procedure. Mandated Registrants: Individuals in any of the following categories are required to register: All persons convicted of a covered offense on or after the statutes' effective date in 1994; 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 out-of-state and moving to Delaware. Duration of Registration: Lifetime registration if the sex offender is designated to Risk Assessment Tier III, or if the person is designated to Risk Assessment Tier I or II, and has previously been convicted of any of the offenses specified in subparagraphs (a)(4)a., c., or d. of this section, and the victim of both the previous offense and the instant offense had not yet reached his or her eighteenth birthday at the time of the crime. For further provisions, consult Title 11 Section 4121 of the Delaware Code. Offenders in Registry, 2/01: 1,688 Automation of Sex Offender Registries Extent of database automation: Fully automated SOR text database. The database is housed on the Delaware Criminal Justice Information System (CJIS). Database is linked to criminal history files: Yes. The Delaware SOR is part of the State's criminal history system which is also on CJIS. SOR transmits electronically to FBI NSOR system: Yes. SOR system has capability for electronic transmittal & storage of fingerprints: Yes. Delaware has the capability for electronic storage and transmission of fingerprints through its AFIS system, but, as of 2/01, AFIS was not fully integrated with the SOR. SOR system has capability for electronic transmittal and storage of mugshots: Yes. Operation of Sex Offender Registries Source for Initial Information on Offender: In Delaware, offenders are registered by the courts if they are sentenced to probation or given a fine. If offenders have been incarcerated, then the agency managing the facility--the Department of Corrections, Youth Rehabilitation Services, or the State Hospital-- registers them 45 to 90 days prior to their release. Out-of-state offenders must register personally with the State Bureau of Identification (SBI), Delaware State Police, within 7 days of arrival. All registering agencies use the Delaware Criminal Justice Information System (CJIS) computer system to register offenders electronically, so that all text information is entered directly into the SOR database. DNA Sample: No, not as part of the SOR but some sex offenders have DNA samples on file with the medical examiner's office. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Yes. Reregistration is done annually for medium and low risk offenders, and each quarter for high risk offenders. The offender is responsible for notifying the State Police of any change of residence after the initial registration, but probation officers also actively maintain contact with these offenders as part of their offender management responsibilities and help ensure that the SOR is notified of any change in the offender's address. B. SOR Notification Automated: Yes. C. Penalties for Noncompliance: Class G felony, requiring a prison term. Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: Text information from the SOR is available through Delaware Criminal Justice Information System (CJIS), accessible to all criminal justice agencies in Delaware. Fingerprints are maintained in State's central AFIS and interfaced to CJIS. There is a central mugshot system. CJIS has mugshot capability. Also, a law, signed 4/21/98, requires that SOR registrants be identified by a "Y" on their driver's licenses, with the designation explained on back of license.) To Organizations Serving Children, Elderly, and the Mentally Ill: Notification of organizations is the responsibility of the local law enforcement agency where the offender resides. Notification measures are based on the offender's assigned risk level which is determined by a risk assessment performed by the State Attorney General's Office or the Sentencing Court. For Tier II (moderate risk) offenders, notification is at the discretion of the local law enforcement agency. Tier III (high risk) offenders, the law requires mandatory community notification. The State Police may be involved only when no local agency has jurisdiction. Procedures for Public Access: Public access to SOR information is through the notification program conducted by the local law enforcement agency where the offender resides, and through the website. For Tier II offenders, notification is at the discretion of the local law enforcement. Community notification is required for Tier III offenders. Notification is conducted in a variety of ways such as; door-to-door, mailings, local media, etc. The public may also view both Tier II and III offenders on the Internet. Local law enforcement agencies also have the discretion to notify any citizen about a specific offender who, they believe, poses a risk to that individual. (See also the driver's license designation noted above.) Internet Website: (include web address and number of hits per month, if applicable) Yes. http://www.state.de.us/dsp/sexoff/index.htm The site has photo posted for medium and high risk offenders only. Summary of State Sex Offender Registries: District of Columbia Responsible Agency: Court Services and Offender Supervision Agency Who is in the Registry? Covered Offenses: In 1999, the District of Columbia's two year old offender based Sex Offender Registration Act was repealed and replaced by an offense based Act. Under the new law the Federal Court Services and Offender Supervision Agency (CSOSA) is charged with maintaining the DC Sex Offender Registry and the Metropolitan Police Department is responsible for community notification. Covered offenses under the new law include any offense committed in the District of Columbia or any other jurisdiction, whether misdemeanor or felony, if an element of the offense is an unlawful sexual act or sexual contact and the victim of the offense is a child. Covered offenses also include felony sex offenses committed against adults. Mandated Registrants: Registration is mandatory for all adults who live, work or matriculate in the District of Columbia and have been convicted, found not guilty by reason of insanity or adjudicated a sexual psychopath on a covered offense. Registration is required for such persons if the disposition of the sex offense occurs after the 1999 Act or if the disposition predates the effective date of the Act and the sex offender was subject to registration under the earlier DC law, or was on parole, probation, or supervised release when the new law took effect. A sex offender from outside the District of Columbia who at any time, resides, obtains employment or attends school in DC must register. Duration of Registration: The registration period depends on the seriousness of the sex offense. Violent offenders or offenders whose victims are young children must register for life. Offenders convicted or found not guilty by reason of insanity of less serious offenses must register for 10 years. Offenders in Registry, 2/01: As of April 24, 2001, the DC Sex Offender Registry includes 303 active registrants who live, work or attend school in the District of Columbia. Of those active registrants 136 are lifetime registrants and 167 must register for 10 years. Automation of Sex Offender Registries Extent of database automation: The District of Columbia Sex Offender Registry is maintained in a Microsoft SQL Server 7.0. Database is linked to criminal history files: The sex offender database is not linked to criminal history files. Criminal history information is scanned into the individual registry information on each sex offender. SOR transmits electronically to FBI NSOR system: Under the DC Sex Offender Registration Act, CSOSA must transmit registry information to the FBI for inclusion in the National Sex Offender Registry. A link has been established through NCIC for the transmittal and registry information has been formatted to meet FBI requirements. Testing is in progress, and inclusion of DC sex offenders in the National Registry is imminent. SOR system has capability for electronic transmittal & storage of fingerprints: The Registry has the capability for electronic transmission and storage of fingerprints, but fingerprints are not entered into the database. CSOSA has been advised by the FBI that they have no need for prints to be included in information transmitted to the National Registry. SOR system has capability for electronic transmittal and storage of mugshots: Current photographs are included in the electronic database and transmitted to the Police Department for publication on the MPD website. Operation of Sex Offender Registries Source for Initial Information on Offender: The source of initial information on sex offenders is received by CSOSA from the Superior Court, the releasing authority (either DC Department of Corrections or the Federal Bureau of Prisons), self reported by the offender, or from other sources. Once initial notification of a sex offender is received by CSOSA, additional information is obtained to perfect registration. DNA Sample: DNA samples are not included in sex offender registration information. Independent of sex offender registration, however, the DNA Analysis Backlog Elimination Act of 2000 requires that by June 19, 2001 DNA collection must begin from DC Code offenders. Samples will be collected by CSOSA and the Bureau of Prisons. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Yes. Lifetime registrants are required to provide verification of current registration information at 3-month intervals. 10-year registrants must provide verification annually. CSOSA posts a registered, non-forwardable letter 14 days prior to the date verification is required. Failure to comply is reported for investigation and possible prosecution. B. SOR Notification Automated: Yes, the verification forms are computer generated for each sex offender on his/her anniversary date. C. Penalties for Noncompliance: The first offense is a misdemeanor, punishable by not more than 180 days in jail and/or a fine of up to $1,000. A second or subsequent offense is a felony, punishable by up to five years in prison and/or a fine of up to $5,000. Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: CSOSA transmits electronically to the MPD, and will transmit to the FBI, in real time, additions and modifications to the Sex Offender Registry. Information will be transmitted to other jurisdictions' registrars as their computer capability allows. To Organizations Serving Children, Elderly, and the Mentally Ill: The Metropolitan Police Department has no formal procedures in place for notification to organizations serving children, the elderly and mentally ill separate from procedures for notification to the community at large. Procedures for Public Access: Public access to registry information is available by viewing hard copies of the registry at the various police districts. Information on lifetime registrants is also available over the Internet at the MPD website. (MPD is presently restrained by a Federal Court order from notifying the community of any sex offender sentenced under youth sentencing provisions or notifying the community via the Internet of 10-year registrants.) Internet Website: (include web address and number of hits per month, if applicable) Currently only lifetime registrants are listed on the website. The website is maintained by the Metropolitan Police Department and the address is: http://mpdc.dc.gov/serv/sor/sor.shtm Summary of State Sex Offender Registries: Florida Responsible Agency: Florida Department of Law Enforcement Who is in the Registry? Covered Offenses: Covered offenses include committing, attempting, soliciting, or conspiring to commit: s.787.01 kidnaping (where the victim is a minor and the defendant is not the victim's parent); s.787.02 false imprisonment (where the victim is a minor and the defendant is not the victim's parent); s.787.025 luring or enticing a child (where the victim is a minor and the defendant is not the victim's parent); s.794 sexual battery; s.796.03 procuring a person under 18 for prostitution; s.800.04 lewd, lascivious offenses committed upon or in the presence of persons less than 16 years of age; s.825.1025 lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult; s.827.071 sexual performance by a child: s.847.0133 protection of minors; prohibition of certain acts in connection with obscenity; s.847.0135 computer pornography; s.847.0145 selling or buying of minors for portrayal in a visual depiction engaging in sexually explicit conduct. Mandated Registrants: There are two categories of mandated registrants, sexual predators and sexual offenders. Sexual predators, a classification involving a written court order, are (1) those convicted of (or found to have committed) a capital, life or first degree felony violation or any attempt thereof Chapter 794, s.787.01 (where the victim is a minor and the defendant is not the victim's parent), s.787.02 (where the victim is a minor and the defendant is not the victim's parent), s.847.0145 or another violation of a similar law of another jurisdiction on or after 10/1/1993 or (2) those convicted of (or found to have committed) any felony violation on or after 10/1/1993: s.787.01 (where the victim is a minor and the offender not the victim's parent); s.787.02 (where the victim is minor and the offender not the victim's parent); s.787.025 (where the victim is minor and the offender not the victim's parent); s.794: s.796.03; s.800.04; s.825.1025; s.827.071; s.847.0145; or a violation of a similar law of another jurisdiction, and the offender had previously, within a 10 year period, been convicted of (or found to have committed) any violation of: 787.01 (where the victim is a minor and the offender is not the victim's parent); 787.02 (where the victim is a minor and the offender is not the victim's parent); 787.025 (where the victim is a minor and the offender is not the victim's parent) 794.011(2) sexual battery with injury child under 12 years of age; 794.011(3) sexual battery upon a person 12 years old or older with threats of deadly weapon or physical force; 794.011(4) sexual battery upon a 12 year old or older (various circumstances); 794.011(5) sexual battery upon a 12 year old or older without physical force or violence; 794.011(8) solicit or engage in sexual battery by person in familial or custodial authority on a person under 18; 794.05 unlawful sexual activity with certain minors; 796.03 procuring person under 18 for prostitution; 800.04 lewd, lascivious offenses committed upon or in the presence of persons less than 16 years of age; 825.1025 lewd , lascivious, offenses committed upon or in the presence of an elderly person or disabled adult; 827.071 sexual performance by a child; 847.0133 protection of minor - prohibition of certain acts in connection with obscenity; 847.0135 computer pornography; 847.0145 selling or buying of minors for portrayal in a visual depiction engaging in sexually explicit conduct; or a violation of a similar law of another jurisdiction. The sexual offender category includes all other persons convicted of (or found to have committed) any of the covered sexual offenses and who were serving sanction for that offense on or after 10/1/1997 or anyone who established a permanent or temporary residence in Florida and who has been designated a sexual predator, a sexually violent predator, or other sexual offender designation in another State or jurisdiction and was subjected to registration, or community notification, or would have been if the person was a resident of that State or jurisdiction. Duration of Registration: Lifetime for both sexual predators and for sexual offenders. Both types of offenders can apply to be removed from the Registry after 20 offense-free years following their release from criminal justice supervision. The court may grant or deny such relief if the petitioner demonstrates to the court that he or she has not been arrested for any crime since release, the requested relief complies with federal standards applicable to the removal of the designation and the court is otherwise satisfied that the petitioner is not a current or potential threat to public safety. Sexual predators who were designated before October 1, 1998 may apply to be removed from the registry within the same restrictions and provisions as stated above, after 10 offense-free years. All offenders seeking removal from the registry must apply to the court through an attorney and pay all costs. The decision once the petitioner demonstrates compliance with the federal guidelines is at the discretion of the court. Offenders in Registry, 2/01: 20,000 Automation of Sex Offender Registries Extent of database automation: The Florida SOR has a fully automated database for both text and fingerprints, operated by the Florida Department of Law Enforcement (FDLE). Database is linked to criminal history files Yes. The Florida SOR is part of the State's "Offender Database." When an entry is made into the SOR, the SOR automatically updates the FDLE Internet website and sends some information to the criminal history files. SOR transmits electronically to FBI NSOR system Yes. SOR system has capability for electronic transmittal & storage of fingerprints: Yes. The capability already exists and meets FBI standards. SOR system has capability for electronic transmittal and storage of mugshots: Yes. Operation of Sex Offender Registries Source for Initial Information on Offender: If the court classifies the offender as a "sexual predator," the Clerk of Courts sends a hard copy of the court order to the Florida Department of Law Enforcement (FDLE) and to the Florida Department of Corrections (FDC). For incarcerated offenders, the FDC electronically transmits registration information to FDLE for any sexual offender or sexual predator being released to the community or placed under community supervision. Local law enforcement agencies send the FDLE registration data (in hard copy) on out- of-state offenders or on those not under criminal justice supervision. Additionally, the Clerks of the Court submit fingerprint cards and any special restrictions imposed by the court on offenders who are not sentenced to incarceration for their qualifying offense(s). DNA Sample: Yes. The Florida DNA database is maintained by the State Crime Lab. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Address verification for all offenders and predators under the supervision or custody of the Florida Department of Corrections (FDC) is conducted by the FDC. All other offender and predators are verified by FDLE and local law enforcement. FDLE conducts quarterly mailouts to all predators and offenders whose date of birth falls within that quarter. The letters contain a signed response form that the offender/predator must complete, sign and return to FDLE within a specified timeframe. Results from these mailouts are recorded in the automated database. This information is made available to local law enforcement through a closed intranet and by request. Lists of all offenders and predators who failed to respond to the mailouts are available to and distributed to local law enforcement to follow up with on-site verification. Likewise local law enforcement can report their own address verification activities and results directly to the offender's/ predator's record in the registry. SOR Notification Automated: See above. Penalties for Noncompliance: Violation is a third degree felony. A sexual predator or offender who reports his or her intent to reside in another State or jurisdiction, but who remains in this State without reporting to the sheriff or the SOR in the manner required commits a felony of the second degree. Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: The Florida Department of Law Enforcement (FDLE), which operates the SOR, enters sexual offender and sexual predator data into Florida Crime Information Center (FCIC) "hot files," which are accessible to all State law enforcement personnel. When an offender is released from incarceration, a teletype notice is sent to all law enforcement agencies in the county where the offender plans to reside. When the FDLE is notified by the Florida Departments of Corrections (FDC) or Highway Safety & Motor Vehicles (DHSMV) of the change of address of a registered offender, the FDLE transmits it to law enforcement agencies in the county of residence and updates the FCIC hot file and the NCIC SOR record. To Organizations Serving Children, Elderly, and the Mentally Ill: Organizational notification is a local responsibility. For those offenders classified as "sexual predators" (determined by a court finding, based on type and/or number of offenses), the Sheriff or Chief Law Enforcement Officer of the jurisdiction where the predator will reside is required to notify the public (and organizations) "in a manner deemed appropriate" in addition to the mandatory notification to all schools and day cares within a one-mile radius of a sexual predator's residence within 48 hours of law enforcement's notification from the SOR. For other registered sexual offenders, notification is at the discretion of the local law enforcement agency. Procedures for Public Access: The general public has access to SOR information through the FDLE Internet Website, through a toll-free phone line (1-888-357-7332), and through fliers and leaflets produced for community notification on sexual predators. Internet Website: (include web address and number of hits per month, if applicable) Yes. http://www.fdle.state.fl.us Average 5 million hits to the SOR site per month. Summary of State Sex Offender Registries: Georgia Responsible Agency: Georgia Bureau of Investigation Who is in the Registry? Covered Offenses: Page 2 of OCGA 42-1-12(7) Sexually violent offenses and criminal offenses against a minor or an offense that has as its element engaging in physical contact with another person with intent to commit such an offense. Criminal offenses against a victim who is a minor include kidnaping, false imprisonment, or criminal sexual conduct toward a minor; solicitation of a minor to engage in sexual conduct or practice prostitution; or any conduct that is a sexual offense if committed against a minor. Mandated Registrants: On or after July 1, 1996, a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register within 10 days after his or her release from prison or placement on parole, supervised release, or probation his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation with the sheriff's office in the county where such person will reside. Duration of Registration: 10 years for sexual offenders. Lifetime for Sexually Violent Predators. Individuals classified as Sexually Violent Predators may apply to the Review Board after three years on unsupervised release to have their status changed to sexual offender. The Review Board submits a report and a recommendation to the sentencing court which makes the final decision. As of July 1, 1999, lifetime for individuals who have one or more prior convictions for any of the covered offenses And, lifetime for individuals who have been convicted of an aggravated offense such as aggravated child molestation or aggravated sexual battery. Offenders in Registry, 2/01: 4,564 Automation of Sex Offender Registries Extent of database automation: The Georgia text database is fully automated. The Department of Corrections Division and State Board of Pardons and Paroles electronically enter records to the Georgia Sex Offender Registry on sex offenders who are released from prisons and placed on probation, parole or supervised release after July 1, 1996. Database is linked to criminal history files: Yes. While the Georgia SOR is a separate database, it is linked to the State's criminal history file. A query to the SOR will not get the full criminal history in response, but any criminal history check will get the SOR information. SOR transmits electronically to FBI NSOR system: Yes. The entry of an offender registration into the Georgia Sexually Violent Offender Registry (SVOR) automatically triggers an electronic message to the FBI (and also to the sheriff of the offender's county of residence). SOR system has capability for electronic transmittal & storage of fingerprints: Yes. The capability now exists to store all necessary fingerprint information concerning the SVOR. SOR system has capability for electronic transmittal and storage of mugshots: Yes. The Department of Corrections Division and State Board of Pardons and Paroles are automated. A mugshot is submitted with each entry and mugshots are being added to the existing sex offender registry files. Operation of Sex Offender Registries Source for Initial Information on Offender: Information on offenders comes from the Department of Corrections (through individual prisons in the Prison Division and from the Probation Division), and State Board of Pardons and Paroles and is submitted electronically via the CJIS network. This entry automatically triggers an electronic message to the FBI NSOR and also to the sheriff of the offender's county of residence. DNA Sample: Yes. The Division of Forensic Science is responsible for the DNA samples and database. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Yes. The SVOR unit sends out certified notification letters (annually for sexual offenders, every 90 days for sexual predators), and the offender must respond confirming his address. If a letter is returned as undeliverable, the SVOR unit notifies the local sheriff, who conducts a physical check. If the offender is not located, the sheriff issues a warrant for his arrest. B. SOR Notification Automated: Yes. C. Penalties for Noncompliance: First time the offender fails to comply, he/she is guilty of a misdemeanor. Failure to report a second and any subsequent times will result in a felony and shall be punished by imprisonment for not less than one nor more than three years. Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: Dissemination to law enforcement and criminal justice agencies takes place in two ways. When the Georgia Crime Information Center (GCIC) enters or updates information in the Sexually Violent Offender Registry (SVOR), that action automatically triggers a notice to the sheriff of the offender's county of residence as well as a notice to FBI. The information is available to other law enforcement and criminal justice agencies through a criminal history query. To Organizations Serving Children, Elderly, and the Mentally Ill: The sheriff may prepare a list of all sexual offenders by to specifically include sexual predators, providing each person's name, address, and photograph. The sheriff shall update the list periodically and may post such list in a prominent and visible location in the sheriff's office and each city hall or primary administrative building of every incorporated municipality within the county. Such list shall also be made available upon request to any public or private elementary, secondary, or post-secondary school or educational institution located in the county. Procedures for Public Access: The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall release relevant information collected under this Code section that is necessary to protect the public concerning those persons required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released. In addition to any other notice that may be necessary to protect the public, nothing in this Code section shall prevent any sheriff from posting this information in any public building in addition to those locations enumerated in subparagraph (b)(1)(B) of the Code section. Internet Website: (include web address and number of hits per month if applicable) The public may utilize the Internet website to view all sex offenders listed in Georgia. The web address is: http://www.ganet.org/gbi/disclaim.html The site receives approximately 250,000 hits per month. Summary of State Sex Offender Registries: Hawaii Responsible Agency: Hawaii Criminal Justice Data Center Who is in the Registry? Covered Offenses: Sexually violent offenses and criminal offenses against a victim who is a minor are covered in the Hawaii legislation. Mandated Registrants: Any offender who has been convicted of a covered offense is required to register. The law applies retroactively to any offender who has ever been convicted of a covered crime in the State of Hawaii, independent of the date of conviction. Duration of Registration: Lifetime. Offenders in Registry, 2/01: There are over 1,500 individuals in the Registry, as of 2/01. Estimates of additional persons convicted of qualifying offenses but who have not registered range from 500 to 3,000. Automation of Sex Offender Registries Extent of database automation: Partial. The SOR text database is fully automated and is managed by the Hawaii Criminal Justice Data Center (HCJDC). Submissions from outlying criminal justice agencies, however, may be in hard copy. The capability for out-of-state transmission is limited, and the capability to capture, store, and transmit fingerprints or mugshots electronically is limited. Database is linked to criminal history files: Yes. A query to either the criminal history files or to the Sex Offender Registry also triggers a check of the alternate database and release of relevant information. SOR transmits electronically to FBI NSOR system: No, not as of February 1, 2001. SOR system has capability for electronic transmittal & storage of fingerprints: As of 2/01, partial capability exists. Hawaii's AFIS is undergoing a major upgrade to incorporate livescan and digital transmission from the HCJDC to the FBI and its national databases, but local Hawaiian jurisdictions still have to take fingerprints manually and submit hard copy cards to HCJDC. SOR system has capability for electronic transmittal and storage of mugshots: As of 2/01 the HCJDC has installed a mugshot system to capture and display photos of registered sex offenders and other arrested offenders, and is able to display those photos to criminal justice agencies throughout the State. Operation of Sex Offender Registries Source for Initial Information on Offender: County police and sheriff departments and other agencies of jurisdiction provide registration data to the Hawaii Criminal Justice Data Center (HCJDC) when the offender is released to the community or appears at his local law enforcement agency to register. Local agencies can use direct, online entry if they have computer connections to the HCJDC registry. Local police departments also take the offender's fingerprints and mugshot and send hard copy of those items to HCJDC. DNA Sample: No. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: No, as of 2/01. Address validation was not conducted at that time. (A requirement for address verification every 90 days for all sex offenders became effective July 1, 1998. Under this program, HCJDC sends mailers to all registered offenders every 90 days, and monitors responses for accuracy, for updating information and for potential arrests and prosecution by appropriate agencies in instances of noncompliance. SOR Notification Automated: As of 2/01, not applicable. (Under the address validation program initiated 7/1/98, the process is partially automated. Offender data required for notification is extracted every 90 days from the registry, and letters are generated for the mailing.) Penalties for Noncompliance: Misdemeanor or a felony Class C. Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: Law enforcement and criminal justice agencies can access SOR data through searches of the criminal history files maintained by Hawaii Criminal Justice Data Center (HCJDC). To Organizations Serving Children, Elderly, and the Mentally Ill: Public information on registered sex offenders is available to schools, and organizations serving children, the elderly, the mentally ill, or other vulnerable populations at the HCJDC office, at main county police stations and on the Internet. Procedures for Public Access: Hawaii's legislation specifies the specific items of SOR data that are to be accessible to the public. Public record registration data is currently available at the main county police departments, at the Hawaii Criminal Justice Data Center (HCJDC), and on the Internet. This information is also integrated into the Criminal History Public Access facility, which can be used by the general public for background checks via various search options. Internet Website: (include web address and number of hits per month, if applicable) Yes. http://www.ehawaiigov.org/HI_SOR/ Summary of State Sex Offender Registries: Idaho Responsible Agency: Idaho State Police Who is in the Registry? Covered Offenses: Sex offender registration applies to person convicted of the crime or an attempt, a solicitation, or a conspiracy to commit one or more of the following felony offenses enumerated in Idaho Code .18-8304: assault with attempt to commit rape, infamous crime against nature, or lewd and lascivious conduct with a minor, but excluding mayhem, murder or robbery; battery with attempt to commit rape, infamous crime against nature, or lewd and lascivious conduct with a minor, but excluding mayhem, murder or robbery; sexual abuse of a child under sixteen years of age; ritualized abuse of a child; sexual exploitation of a child; possession of sexually exploitative material for other than commercial purposes; lewd conduct with a minor child; sexual battery of a minor child sixteen or seventeen years of age; murder committed in perpetration of rape or in perpetration of lewd conduct with a child less than twelve years of age; indecent exposure, but excluding a misdemeanor conviction; first degree kidnaping committed for the purpose of rape, committing the infamous crime against nature or for committing any lewd and lascivious act upon any child under the age of sixteen, or for purposes of sexual gratification or arousal; second degree kidnaping where the victim is an unrelated minor child; rape, but excluding where the female and defendant are eighteen years of age or younger; male rape; incest; crime against nature; and forcible sexual penetration by use of a foreign object. Mandated Registrants: Any person who, (1) on or after July 1, 1993, is convicted of a crime, or an attempt, a solicitation, or conspiracy to commit a crime provided for above, (2) enters the State on or after July 1, 1993 and who has been convicted of any crime, an attempt, a solicitation or a conspiracy to commit a crime in another State, territory, commonwealth, or other jurisdiction of the United States, including tribal courts and military courts, that is substantially equivalent to the offenses listed in the section above, (3) pleads guilty to or has been found guilty of a crime covered in this chapter prior to July 1, 1993, and the person, as a result of the offense, is incarcerated in a county jail facility or a penal facility or is under probation or parole supervision, on or after July 1, 1993, (4) is a nonresident regularly employed or working in Idaho or is a student in the State and was convicted, found guilty or pleaded guilty to a crime covered by this chapter and, as a result of such conviction, finding or plea, is required to register in his State of residence. Duration of Registration: Registration is for the life of the offender. However, a registered sex offender other than a recidivist or an offender designated as violent sexual predator, may petition the court for exemption from the duty to maintain registration after a period of 10 years from the date of release from incarceration or of placement on parole or probation, whichever is greater. Idaho Code .18-8310 of the registration law lists the conditions for the petition. Offenders in Registry, 2/01: 1,778 Automation of Sex Offender Registries Extent of database automation: The Central Sex Offender database is automated and available to law enforcement electronically. The Department of Corrections, courts and local law enforcement agencies submit registration documents to the Central registry in hard copy form. Database is linked to criminal history files: No. The SOR is maintained separately from the criminal history files to avoid any confusion in the access requirements because of the different laws governing each. However, the SOR can be accessed through the Idaho Law Enforcement Telecommunications System (ILETS) and is automated as a "hot file"--that is, it comes up on routine traffic stop inquiries, etc. SOR transmits electronically to FBI NSOR system: Yes. SOR system has capability for electronic transmittal & storage of fingerprints: As of 2/01, partial capability exists. The capacity for electronic storage and transmission of fingerprints exists through the State's AFIS, which is also housed in the Bureau of Criminal Identification, Idaho State Police (ISP), but fingerprint submissions to the SOR from other agencies are in hard copy and require scanning. SOR system has capability for electronic transmittal and storage of mugshots: No. The photo systems are in at both ISP and DOC, however the networking issues have not permitted the electronic exchange as yet. Operation of Sex Offender Registries Source for Initial Information on Offender: "Initial" registration data is forwarded from courts, Department of Corrections and sheriff's departments in hard copy form to the Central Registry. (1) Within 10 days of coming into a county to establish residence or temporary domicile, the sex offender must register in person with the sheriff. (2) Within 10 days of commencement of employment or enrollment in an educational institution, the nonresident sex offender must register in person with the sheriff of the county where employed or enrolled. (3) Prior to commencement of employment in counseling, coaching, teaching, supervising, or working with minors in any way regardless of the period of employment, the nonresident sex offender must register in person with the sheriff of the county where employed. (This information is also forwarded to the central registry in hard copy form.) DNA Sample: Yes, but blood and/or DNA samples are collected under a separate law. That process is administered by Bureau of Forensic Services Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Yes. At the time of conviction or release from incarceration, a sex offender subject to registration is provided notice of the requirements of registration. Notification is achieved by completion of the Notification and Initial Registration Form SOR- 1. On the first of the month containing the anniversary of a sex offender's last local registration, the central registry mails a non- forwardable notice of annual registration to the offender's last reported address. Within 10 days of the mailing date of the notice, the offender must reregister in person with the sheriff. B. SOR Notification Automated: No. C. Penalties for Noncompliance: Yes, a sex offender subject to registration who fails to register or provide required notice is guilty of a felony and may be sentenced by the court to imprisonment for a period of 5 years and fined $5,000. If the offender is on probation or supervised release at the time of the violation, the probation or release shall be revoked and the penalty for violating the registration law shall be served consecutively to the offender's original sentence. In addition, a sex offender subject to registration who willfully provides false or misleading information in the registration is guilty of a felony and may be sentenced by the court to imprisonment for a period of 5 years and fined $5,000. Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: The text content of the SOR is available online to all criminal justice agencies with access to the Idaho Law Enforcement Telecommunications System (ILETS). When a law enforcement officer makes a driver's license inquiry or a wanted person inquiry (State or national), ILETS will cross-check the automated SOR database. To Organizations Serving Children, Elderly, and the Mentally Ill: Schools and nonprofit organizations working with youth, women or other vulnerable populations are exempt from payment of the fees to access registry information. Schools and such nonprofit organizations may request statewide lists from the central registry. They may make inquiries or specified individuals or requests for lists by county or zip code to either the central registry or county sheriff. Schools and nonprofit organizations may also request Internet access through a password protected database on the department's website. Procedures for Public Access: Any person may inquire on a named individual or request a list of registered sex offenders by zip code or county. This is accomplished through a written public information request submitted to the central registry or a local sheriff. Information provided in response to a public request is limited to the offender's name, address, aliases, date of birth, crime(s) of conviction, place(s) of conviction, and status as a violent sexual predator. All responses to individual inquiries or requests for lists will include a cautionary statement concerning misuse of the information. Further distribution of registry information or lists must include this cautionary statement. The central registry and sheriffs are authorized to charge $5 for each inquiry on a named individual and each request for a list of offenders. Any person may also request a photograph of a registered sex offender from the central registry. ISP charges $5 for each individual photograph. (A bill known under consideration in the Idaho 2001 Legislative session would allow the Idaho State Police to provide free web access to all public information in the database.) Internet Website: (include web address and number of hits per month, if applicable) http://www.isp.state.id.us/ Summary of State Sex Offender Registries: Illinois Responsible Agency: Illinois State Police Who is in the Registry? Covered Offenses: Convictions and attempts of criteria felony sex offenses were registerable as of July 16, 1986. Other violent offenses were added in 1996; the murder of a child, kidnaping, unlawful restraint and misdemeanor sex offenses or attempts were added July 24, 1997. As of July 1, 1999, other offenses added to the registry were forcible detention, if the victim is under 18 years of age, indecent solicitation of an adult, soliciting for a prostitute, if the victim is under 18 years of age, pandering if the victim is under 18 years of age, and convictions of comparable crimes in another State, country or in Federal court are covered in the Illinois law. Mandated Registrants: Individuals convicted of a covered offense or found not guilty by reason of insanity on or after July 16, 1986, are required to register. As of July 1, 1999, adjudicated juvenile sex offenders were required to register. Adjudicated sex offenders classified as sexually dangerous and sexually violent are required to register. Since July 1, 1999, all sex offenders fitting the definition of a predator are also required to register. Sex offenders living in another State but working in Illinois or attending school are also mandated to register. Duration of Registration: Persons classified as sexual offenders must register for 10 years from the date of their conviction if sentenced to probation or for 10 years from the date of their release, discharge, or parole if they were confined. A 10-year extension to a sex offender's registration requirement can be administratively added by the Illinois State Police for violations of the Registration Act. For individuals classified as sexually dangerous persons, sexually violent persons, or sexual predators lifetime registration is required. Offenders in Registry, 2/01 There are 16,551 total number of sex offenders in the Registry, 13,930 of whom have registered. Automation of Sex Offender Registries Extent of database automation: The Illinois SOR has a fully automated text database. The "initial notification" is done at the time of conviction if the offender receives a probation sentence, or prior to release, discharge, or parole if he is confined. The LEADS system can serve as a "tickler" system if a law enforcement agency queries their jurisdiction for the sex offenders. Running individual LEADS numbers can provide the agency with the status of the sex offender, those who have failed to register, the last day the sex offender is required to register, date of conviction, county of conviction, LEADS add-ons showing any stops made by any law enforcement agency, place of employment, and so on While the text database it self is automated, much of the data entry is manual. Database is linked to criminal history files: Partially--it is linked for law enforcement purposes. Any routine law enforcement query of LEADS elicits SOR information together with the criminal history record. However, background checks for employment normally check only criminal history records. SOR transmits electronically to FBI NSOR system: Yes. As of October 1999, Illinois provides SOR data to the FBI system electronically through NCIC 2000. SOR system has capability for electronic transmittal & storage of fingerprints: Yes. This capability is available through the Illinois AFIS system. SOR system has capability for electronic transmittal and storage of mugshots: No. Photos are part of the sex offender registry, but as of February 2001, they are not digitized. NSOR grant money is presently being used to work on this project. Operation of Sex Offender Registries Source for Initial Information on Offender: Initial information is derived from the sentencing court (if the offender receives probation) or from the county jail or the Department of Corrections, hospital, or mental health facility (if the offender is confined). Subsequent information comes from the local law enforcement agency when the offender registers in person. DNA Sample: Yes, but not as part of the SOR. DNA sampling is part of a separate CODIS system within the Illinois State Police. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Yes. Annual notification notices for sexual offenders--and quarterly notices for those classified as high risk offenders--are sent as non-forwardable letters by the Intelligence Bureau of the Illinois State Police. Registering law enforcement agencies are also required to verify addresses annually. B. SOR Notification Automated: Yes. C. Penalties for Noncompliance: Noncompliance is a Class 4 felony, punishable by one to three years in prison. A $500 fine that is to be shared with the local law enforcement agency and a mandatory 7 days in jail is also required of sex offenders that are convicted for a compliance violation. Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: SOR information is available online, 24 hours per day, to every Illinois law enforcement agency through the Illinois Law Enforcement Agencies Data System (LEADS). The status of a specific offender (registered, not registered, conditions of parole/probation, etc.) is immediately available to any agency conducting a routine query, including a traffic stop. To Organizations Serving Children, Elderly, and the Mentally Ill: The Illinois State Police (ISP) provide quarterly lists of sex offenders to all schools, child care facilities, and to the Illinois Department of Children and Family Services. Local law enforcement agencies developed lists of local organizations that serve children and make sex offender information available to them. By administrative rule, each law enforcement agency must designate a liaison to assist schools, child care facilities, youth groups, and the public regarding access and use of SOR information. Lists of adjudicated juvenile sex offenders are provided to schools and licensed day cares throughout Illinois. Secondary dissemination of juvenile information is prohibited. Procedures for Public Access: The local law enforcement "liaison" (see above) assists the public in access and use of the SOR information when an offender is identified as working or residing in circumstances that might compromise public safety. The Illinois State Police (ISP) also operates a victim notification program (at the victim's request, he/she is notified of the offender's release, address changes, death of offender, etc.) Local law enforcement agencies also have discretion to provide SOR information to any person or entity likely to encounter the offender. Internet Website: (include web address and number of hits per month, if applicable) Yes, the Illinois sex offender website has been online since November 15, 1999. The public can search by city, county, zip code, name, and multiple searches. Adjudicated juvenile sex offenders are not on the website by law. An e-mail address is provided for any questions or tips the public may have regarding sex offenders on the website. http://samnet.isp.state.il.us/ispso2/sex_offenders/ index.asp Summary of State Sex Offender Registries: Indiana Responsible Agency: Indiana Criminal Justice Institute Who is in the Registry? Covered Offenses: Rape, criminal deviate conduct, child molesting, child exploitation, vicarious sexual gratification, child solicitation, child seduction, sexual battery, sexual misconduct with a minor as a Class A or B felony, incest, also kidnaping if the victim is under 18 years of age, and criminal confinement if the victim is under 18 years. Mandated Registrants: The following persons are required to register: anyone convicted in Indiana of the first 10 crimes after June 30, 1994; anyone convicted of last two crimes after June 30, 1998; persons residing in Indiana but convicted of substantially equivalent offenses in other States after the effective dates; juveniles 14 or over, who are adjudicated delinquent in Indiana after June 30, 1996, for an act that would be a covered offense if committed by an adult and found by a court to be likely to repeat such an act. Duration of Registration: Local registration is required for 10 years following the sexual offender's release to the community for everyone except those determined to be sexually violent predators. For sexually violent predators, the registration requirement is for an "indefinite" period. Persons identified as sexually violent predators may petition the court, at least 10 years after sentencing, to have the determination of sexually violent predator removed from their name on the Registry. While local registration is required for 10 years, an offender's name appears in the State's Sex and Violent Offender Registry (SVOR) for his lifetime. Currently, there is no provision for petitioning for the removal of a name from the central registry once it is listed. Offenders in Registry, 2/01: Approximately 11,656 Automation of Sex Offender Registries Extent of database automation: Partial. The SVOR text database itself is automated, but it is not linked to other automated systems or to local law enforcement agencies. The Indiana State SVOR consists of 4 separate databases of qualifying offenders: one section prospectively covers the period since 1994 when the SVOR was established by statute, and three sections retrospectively cover periods before the legislation was enacted--a Department of Corrections database, a prosecuting attorneys' database, and a State Police database. Database is linked to criminal history files: No. Indiana criminal history files are maintained by the State Police. The SVOR database is maintained by the Indiana Criminal Justice Institute (ICJI). Indiana data for the National Sex Offender Registry (NSOR) will be transmitted to the FBI by the State Police criminal records repository, not via the SVOR maintained by ICJI. SOR transmits electronically to FBI NSOR system: No. As of 2/01, this capacity does not exist within the ICJI. SOR system has capability for electronic transmittal & storage of fingerprints: As of 2/01, with the support of BJS NCHIP funds, the required livescan equipment has been placed in 31 of Indiana's 92 counties representing the largest population areas in the State. Final testing of local equipment and work on the hardware required at the State level is underway. 1998 legislation directs that correctional facilities releasing a qualifying offender provide his fingerprints (and other identifiers including a photo) to the State Police, and that the State Police send the fingerprints to the FBI. SOR system has capability for electronic transmittal and storage of mugshots: No, not as of 2/01. (see preceding section for information on the installation of equipment required for this technology.) Operation of Sex Offender Registries Source for Initial Information on Offender: Current information is submitted to the Indiana Criminal Justice Institute (ICJI), by the State courts, the State Department of Corrections, local jails, local law enforcement agencies, county prosecutors and other State criminal justice agencies. All information is submitted in hard copy. DNA Sample: No. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Legislation effective 7/1/98 institutes annual verification (quarterly for predators), but makes local law enforcement agencies responsible for the notification letters to offenders, conducting verification, and conducting follow-up. The local law enforcement agency notifies the State SVOR if the offender fails to return a signed verification form. B. SOR Notification Automated: Effective 7/1/98, local law enforcement agencies implemented the notification procedures. The degree of automation within local agencies is not known, but larger departments may automate the notification process. C. Penalties for Noncompliance: The first offense is a D felony. Subsequent offenses are C felonies. The penalty for a D felony is 1-1/2 years in prison with not more than 1-1/2 years added for aggravating circumstances or 1 year subtracted for mitigating circumstances. The penalty for a C felony is 4 years in prison with not more than 4 years added for aggravating circumstances and not more than 2 years subtracted for mitigating circumstances. Both C and D felony penalties also can include a $10,000 fine. Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: The SVOR data is available to State law enforcement and criminal justice agencies in response to queries, but it is not on a computerized network directly accessible to law enforcement agencies. Agencies also may obtain copies of the updates sent to schools and youth organizations. To Organizations Serving Children, Elderly, and the Mentally Ill: The SVOR data and all updates are sent (in hard copy) to all public and private schools, the Indiana Family and Social Services Administration and their licensees (such as group homes), the State personnel department, and to agencies that work with children and have requested copies. The SVOR unit also places copies in all public county libraries. This information contains all four databases. The Indiana Criminal Justice Institute (ICJI) has also made SVOR information available on a computer diskette. Procedures for Public Access: The general public has access to SOR data in hard copy in public libraries throughout the State and on the State of Indiana website on the Internet. It also has been made available on computer diskette. The SVOR data available to the public does not include street addresses, but does reflect all four databases. Internet Website: (include web address and number of hits per month, if applicable) Yes. The Indiana SOR is on the Internet at http://www.state.in.us/serv/cji_sor Summary of State Sex Offender Registries: Iowa Responsible Agency: Iowa Department of Public Safety Who is in the Registry? Covered Offenses: Covered offenses include convictions or adjudications for criminal offenses against a minor, aggravated offenses, sexual exploitation, and sexually violent offenses, in the State or in another State, or in any federal, military, tribal or foreign court. Mandated Registrants: Individuals convicted or adjudicated of a covered offense on or after July 1, 1995, or who were on probation, parole or work release status, or who were incarcerated on or after July 1, 1995 must register. Requirement includes individuals who have received a deferred sentence or deferred judgment. As of 7/1/98, individuals moving into Iowa who were required to register in the State they are moving from must register with the State of Iowa. Non-resident full- time or part-time students and/or workers must also register. Duration of Registration: Sexual offenders must register for 10 years from the date of their release to the community. Sexually violent predators (those convicted of a qualifying offense as specified in the federal Violent Crime Control and Law Enforcement Act of 1994, Public Law No. 103-322) must register for life. Any offender who is convicted of a second or subsequent offense that requires registration must register for life. Any offender who is convicted of an aggravated offense must register for life. Offenders in Registry, 2/01: 3,921 Automation of Sex Offender Registries Extent of database automation: The SOR text database itself is automated, with manual entry of the text from hard copy submissions. The Iowa SOR is maintained as a totally separate database in the "Iowa On-line Warrants and Articles System" (IOWA System), the IOWA equivalent to NCIC. The Iowa System can interface directly with the FBI NSOR and that link is expected to be complete by the Fall of 2001. Database is linked to criminal history files: No. SOR transmits electronically to FBI NSOR system: No. The process is in development with completion expected in the Fall of 2001. SOR system has capability for electronic transmittal & storage of fingerprints: No. A hard copy of the fingerprint card is maintained in a file folder together with the original registration documents. The only way to access the SOR fingerprints is to contact DCI staff and make a specific request. SOR system has capability for electronic transmittal and storage of mugshots: No. A hard copy of the photo is maintained in a file folder together with the original registration documents and the fingerprint card. The only way to access the photo is to contact DCI staff and make a specific request. The photo is then copied and sent by U.S. mail, fax, or e-mail attachment. Operation of Sex Offender Registries Source for Initial Information on Offender: The SOR receives registration information when an offender is released to the community. It comes from the Department of Corrections or county jail if offender was confined, from the Iowa Department of Correctional Services if the offender received a probation sentence, from the court if the sentence was a fine only, and from the Department of Human Services if offender is an adjudicated juvenile. All agencies submit information in hard copy for manual data entry. DNA Sample: No Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Yes. Under both the original and amended legislation, notification of the address verification requirement is conducted by the Division of Criminal Investigation, Department of Public Safety. Mail verification is required annually during the anniversary month of initial registration. Verification is required every 90 days for offenders classified as "sexually violent predators" (based on conviction offenses specified in federal Violent Crime Control and Law Enforcement Act of 1994.) SOR Notification Automated: Yes. Penalties for Noncompliance: The first offense is an aggravated misdemeanor, punishable by up to two years incarceration. A second or subsequent offense is a class D felony, punishable by up to five years imprisonment. If a registrant is noncompliant and commits another sex crime he/she faces a class C felony punishable up to 10 years. Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: The SOR data from the Department of Public Safety (DPS) is directly accessible to all law enforcement and criminal justice agencies in the State having access to "Iowa On-line Warrants and Articles System" (IOWA System). To Organizations Serving Children, Elderly, and the Mentally Ill: Legislation effective 7/1/98 states that for registrant classified "at risk", affirmative public notification may include "notification of agencies or organizations in the community in which the registrant lives, is employed or attends school." Under both original and amended legislation, the offender receives prior notice of any public notification plans and may appeal. Procedures for Public Access: Current legislation (effective 7/1/98) allows for registry information to be disseminated from sheriffs' offices and police departments provided that the requester provides the name of the person on which the inquiry is being made; and one additional identifier: date of birth or address. A requester may also ask for a list of all registrants in that county who have been determined to be "at risk" to re-offend. No identifiers are needed. Affirmative public notification may be made on "at risk" offenders by any local law enforcement agency based on information provided by DPS. Affirmative public notification may include the offender's name, address, photograph, locations frequented by the offender, and relevant criminal history. Registry information on "at risk" offenders may be distributed to the public by printed materials, visual or audio press releases, and by the criminal or juvenile justice agency's web page. Internet Website: (include web address and number of hits per month, if applicable) Since March 17, 2000, information on "at risk" offenders has been available on the DPS web site: http://www.iowasexoffenders.com Currently, information on over 800 "at risk" offenders is available. The web site generates an average of approximately 9000 hits per month. Summary of State Sex Offender Registries: Kansas Responsible Agency: Kansas Office of the Attorney General Who is in the Registry? Covered Offenses: The following offenses are covered: (A): rape, indecent liberties with a child, aggravated indecent liberties with a child, criminal sodomy, aggravated criminal sodomy, indecent solicitation of a child, aggravated indecent solicitation of a child, sexual exploitation of a child, sexual battery, aggravated sexual battery, and aggravated incest. (B): capital murder, murder in the first and second degree, voluntary and involuntary manslaughter (C): kidnaping or criminal restraint (except by parent) when victim is under 18, adultery, criminal sodomy, promoting prostitution, patronizing a prostitute, lewd and lascivious behavior, and unlawful sexual relations; when one party is under 18. Also covered is any attempt, conspiracy or criminal solicitation to commit any of the above listed offenses. Mandated Registrants: Anyone convicted of the offenses in List (A) on or after April 14, 1994, must register, if the offense itself occurred on or after April 14, 1994 the registration is public record. Anyone convicted of offenses in List (B) or List (C) on or after July 1, 1997, must register, if the offense itself occurred on or after July 1, 1997, then the registration is public record. Duration of Registration: The duration of the registration requirement is 10 years. Lifetime registration is required if the offender has a second conviction for any covered offense. Lifetime registration is also required for anyone convicted for a first offense of rape or aggravated criminal sodomy (or attempt, conspiracy, or criminal solicitation) involving penetration of the victim of any age through use of force or threat of serious violence or penetration of a victim less than 14 years of age. Offenders in Registry, 2/01: 1,794 Automation of Sex Offender Registries Extent of database automation: The Kansas SOR has a fully automated text database. Database is linked to criminal history files: The Kansas Offender Registry (OR) is not linked to the State's criminal history database. However, data available to criminal justice agencies is replicated daily to a "hot file." The Kansas Offender Registry Hot File can be accessed through the State's criminal justice information system and NLETS. SOR transmits electronically to FBI NSOR system: The KBI attempted to manually support the FBI's NCIC Sex Offender Registry file. However, the task was too burdensome and time consuming. Information entered is maintained but no new offenders are being added. Fields must be added to the current Kansas OR database before an electronic interface to NCIC can be implemented. SOR system has capability for electronic transmittal & storage of fingerprints: Limited. Court service officers and parole officers have primary responsibility for the initial sex offender registration. Many such offices do not have fingerprint equipment. While the State has an AFIS with livescan capabilities, this is not practical for smaller jurisdictions. SOR system has capability for electronic transmittal and storage of mugshots: Limited. As of 2/01, digital photography is being used by the State's eight court services offices. Operation of Sex Offender Registries Source for Initial Information on Offender: The initial information on an offender is submitted to the Kansas Bureau of Investigation (KBI) by the institution releasing the offender to the community (the Department of Corrections, a jail, or the court). The offender then registers with the local sheriff in his county of residence. If the offender is no longer under criminal justice supervision, he registers with the local sheriff's office, which also forwards the registration to KBI. All information is received at KBI in hard copy for manual data entry. DNA Sample: Yes. DNA is required for all offenders convicted of offenses requiring registration. If it is not obtained during incarceration, a sample is taken at the time of registration. Validation and Reregistration Procedures: A. State SOR Proactively Notifies Registrants: Yes. Address verification letters are sent out by Kansas Bureau of Investigation (KBI) which administers the SOR program. Legislative amendments include requirement to verify addresses of all registrants every 90 days. B. SOR Notification Automated: Yes. The SOR database is designed to automatically generate address verification letters and to allow tracking of responses and of the dispositions on actions taken. C. Penalties for Noncompliance: Violation of any portion of the Kansas Offender Registration Act is a Level 10 Non Person Felony. Dissemination of Sex Offender Registry Information To Law Enforcement and Criminal Justice Agencies: The KBI notifies county prosecutors and law enforcement agencies of any offender noncompliance of the Act such as failure to report address changes or return quarterly address verification forms. Criminal justice agencies have access to the OR data through the Kansas Criminal Justice Information System (KCJIS) and the National Law Enforcement Telecommunications System (NLETS). To Organizations Serving Children, Elderly, and the Mentally Ill: As of 2/01, the State does not mandate any action for affirmative notification. Procedures for Public Access: The general public has access to SOR information through an Internet website. Members of the public may also inspect registration records at a local sheriff's office or at the Kansas Bureau of Investigation. (The date of commission of specific offenses determine whether an offender's registration information is a public record. See "Mandated Registrants") Internet Website: (include web address and number of hits per month, if applicable) Yes. The Kansas SOR website is operated by the Kansas Bureau of Investigation (KBI). The website averages 6,800 hits per month. http://www.ink.org/public/kbi/kbiregoffpage.html Summary of State Sex Offender Registries: Kentucky Responsible Agency: Kentucky State Police Who is in the Registry? Covered Offenses: All felony sex crimes: Rape 1, 2, & 3, Sodomy 1, 2, & 3, Incest; Sexual Abuse 1, Unlawful Transaction with a Minor 1, Use of a minor in a sexual performance. Specified crimes against victims that are minors: Promoting a sexual performance of a minor, Promoting prostitution 1, 2, & 3, Kidnaping and Unlawful Confinement (non-parental), Sexual Abuse 2 & 3 (only misdemeanors covered). Any conviction for attempt or solicitation of above offenses. Mandated Registrants: Registration is mandatory for all adults convicted in Kentucky of the above listed crimes, and juvenile offenders convicted of those same crimes, if treated as "Youthful Offenders" in adult circuit court. Also applies to offenders moving into Kentucky, who are required to register by the laws of another State or by federal/military law. Or for offenders convicted of an offense, which if committed in Kentucky, would require registration. Duration of Registration: Lifetime registration is required for all offenders released from custody after April 11, 2000 who have convictions for: Rape 1st, Sodomy 1st, two or more convictions for a sex crime or crime against a victim who is a minor; Kidnaping and Unlawful Confinement (of a minor, non-parental); or who move in from another State and are required to register; or are designated as Sexually Violent Predators. Also applies to offenders formerly classified as "high" risk, under a previous version of the law. Ten years is required for all other offenses. Offenders in Registry, 2/01: Approximately 2000. Automation of Sex Offender Registries Extent of database automation: Partial. The Kentucky SOR has a text database that is automated and can be searched through the KY LINK system (Law Information Network of Kentucky) at LINK/NCIC terminals. Data is currently stored in an IBM mainframe, in an IMS DB/DC database with attendant COBOL programs. This SOR database is in the process of being converted to a more modern and user friendly system, which will be NCIC 2000 compliant, and include submission to the FBI NSOR file. The website database is completely automated, running on a SQL platform. It is a separate system, information is entered into both databases at this time. This will be eliminated once the transfer of data from the older system is complete. Database is linked to criminal history files: Yes. The SOR is one of Kentucky's state-level "hot files," and accessible to all criminal justice agencies that are members of the Law Information Network of Kentucky (LINK). SOR transmits electronically to FBI NSOR system: Not at this time. Electronic transmissions will occur once the database conversion is complete. SOR system has capability for electronic transmittal & storage of fingerprints: Still in development, as described above. Storage of fingerprints is alrea