§ 11-37.1-16 - Application review – Burden of production and persuasion.
SECTION 11-37.1-16
§ 11-37.1-16 Application review –Burden of production and persuasion. – (a) In any proceeding under this chapter, the state shall have the burden ofgoing forward, which burden shall be satisfied by the presentation of a primafacie case that justifies the proposed level of and manner of notification.
(b) For purposes of this section, "prima facie case" means:
(1) A validated risk assessment tool has been used todetermine the risk of re-offense;
(2) Reasonable means have been used to collect theinformation used in the validated assessment tool.
(c) Upon presentation of a prima facie case, the court shallaffirm the determination of the level and nature of the community notification,unless it is persuaded by a preponderance of the evidence that thedetermination on either the level of notification of the manner in which it isproposed to be accomplished is not in compliance with this chapter or theguidelines adopted pursuant to this chapter.
Nothing in this section shall be construed to prohibit therelease of information pertaining to a person who has been convicted of any ofthe violations of any offense listed in § 11-37.1-2, so long as theinformation has been gathered or obtained through sources other than theregistration process provided by this chapter. Provided further, that nothingin this section shall be deemed to authorize the release of any informationpertaining to any victim of any offense listed in § 11-37.1-2.