§ 11-37.1-13 - Notification procedures for tiers two (2) and three (3).
SECTION 11-37.1-13
§ 11-37.1-13 Notification procedures fortiers two (2) and three (3). – If after review of the evidence pertaining to a person required to registeraccording to the criteria set forth in § 11-37.1-12, the board issatisfied that risk of re-offense by the person required to register is eithermoderate or high, the sex offender community notification unit of the paroleboard shall notify the person, in writing, by letter or other documentation:
(1) That community notification will be made not less thanten (10) business days from the date of the letter or other document evidencingan intent to promulgate a community notice in accordance with §11-37.1-12(b), together with the level, form and nature that the notificationwill take;
(2) That unless an application for review of the action isfiled within the time specified by the letter or other documentation, which inany case shall not be less than ten (10) business days, by the adult offendersubject to community notification, with the criminal calendar judge of thesuperior court for the county in which the adult offender who is the subject ofnotification resides or intends to reside upon release, or by the juvenileoffender subject to community notification over whom the family court exercisesjurisdiction, with the clerk of the family court for the county in which thejuvenile offender resides or intends to reside upon release, whose name shallbe specified in the letter or other document, requesting a review of thedetermination to promulgate a community notification, that notification willtake place;
(3) That should the person subject to community notification,file an application for review on or before the date specified by the letter orother documentation, that no community notification will take place, unless anduntil affirmed by the court or, if reversed, until the time that the attorneygeneral or his or her designee provides for a notification in accord with thereasons specified for the reversal by the court;
(4) That the person has a right to be represented by counselof their own choosing or by an attorney appointed by the court, if the courtdetermines that he or she cannot afford counsel; and
(5) That the filing of an application for review may beaccomplished, in the absence of counsel, by delivering a letter objecting tothe notification and/or its level, form or nature, together with a copy of theletter or other documentation describing the proposed community notification,addressed to the judge described in the communication to the clerk of thesuperior court in the county in which the adult offender resides or intends toreside upon release, or in the case of juvenile offenders over whom the familycourt exercises jurisdiction, addressed to the judge described in thecommunication to the clerk of the family court in the county in which thejuvenile offender resides or intends to reside upon release.