§ 11-37.1-5 - Registration requirement upon release, parole, or probation.
SECTION 11-37.1-5
§ 11-37.1-5 Registration requirement uponrelease, parole, or probation. – (a) Duty of state officials. If a person who is required to registerunder this chapter is released from prison, then the official in charge of theplace of confinement or his or her designee shall comply with the provisions ofsubsection (b) of this section;
(2) If a person who is required to register under thischapter is placed on parole, the executive secretary of the parole board shallcomply with the provisions of subsection (b) of this section;
(3) If a person who is required to register under thischapter is released on probation or placed on home confinement, then theassistant administrator or the division of probation shall comply with theprovisions of subsection (b) of this section;
(4) If a person who is required to register under thischapter is released from a juvenile correctional facility, either outright oron some form of supervised release, then the person in charge of theinstitution shall comply with the provisions of subsection (b) of this section;
(5) If a person who is required to register under thischapter is placed on juvenile probation, then the person in charge of theprogram shall comply with the provisions of subsection (b) of this section; or
(6) If a person who is required to register under thischapter has moved into this state under the provisions of an interstate compactproviding for supervision of the terms of his or her release by agents of thisstate, then the administrator of the interstate compact shall comply with theprovisions of subsection (b) of this section.
(b) Notification of registration requirements. Theperson designated with the responsibility for the notification requirements ofthis chapter shall, prior to the release of any person required to registerunder this chapter:
(1) Inform the person of the duty to register and obtain theinformation required for registration;
(2) Inform the person that if the person changes his or herresidence address, the person shall give the new address to a designated statelaw enforcement agency in writing within twenty-four (24) hours;
(3) Inform the person that if the person changes residence toanother state, the person shall register the new address with the lawenforcement agency with whom the person last registered, and the person is alsorequired to register with a designated law enforcement agency in the new statein accordance with the new state's sex offender registration statute;
(4) Inform the person that if the person works or attendsschool in another state in which he or she does not reside, the person shallregister his or her employment address or address of the educationalinstitution he or she attends as required by the other state;
(5) Obtain fingerprints and a photograph of the person ifthese have not already been obtained in connection with the offense thattriggers registration; and
(6) Require the person to read and sign a form approved bythe attorney general stating that the duty of the person to register under thissection has been explained.
(c) Registration information. In addition to therequirements of subsection (b) of this section, for a person required toregister under § 11-37.1-3, then the person responsible for thenotification required under subsection (b) of this section shall obtain thename of the person, identifying factors, anticipated future residence, juvenileand adult offense history, and documentation of any treatment received for themental abnormality or personality disorder of the person. For purposes of thissubsection, the provisions of chapter 37.3 of title 5 pertaining to health careprivileges, the provisions of § 9-17-24 pertaining to the privilege ofwitnesses, or the provisions of § 42-72-8 pertaining to confidentiality ofrecords of the department of children, youth and families, shall not beeffective so as to prevent the transfer of information or the testimony of anyperson possessing any information required by this subsection. Any informationso obtained may be transferred to the sex offender board of review and may beused by them in making a determination of whether or not the person is asexually violent predator or in determining the level of notification under§ 11-37.1-12. The information may also be used by the sentencing court orby any court reviewing the level of notification determined by the sex offenderboard of review or reviewing any conviction or sentence which requiresregistration under this chapter. Provided, information so obtained shall not beadmissible in any other judicial proceeding against the subject of theinformation except to determine a person's status as a sexually violentpredator or to determine or review the level of notification to the communitywhich has been made by a court or the sex offender board of review. Provided,further, that this subsection shall not be applicable to any person for whom anappeal is pending for which a final judgment of conviction has not beenentered, until the time that a final conviction has been entered.