GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	3 

SENATE BILL 676*
Judiciary Committee Substitute Adopted 5/20/97
Third Edition Engrossed 5/21/97

Short Title:  Sex Offender Laws/Fed. Compliance.	(Public)

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Sponsors:

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Referred to: 

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April 2, 1997

A BILL TO BE ENTITLED
AN ACT TO AMEND THE SEXUAL OFFENDER REGISTRATION PROGRAM TO COMPLY WITH FEDERAL LAW.
The General Assembly of North Carolina enacts:
Section 1.  Article 27A of Chapter 14 of the General Statutes reads as rewritten:
"ARTICLE 27A.
Sex Offender and Public Protection Registration Programs.
"Part 1. Registration Programs, Purpose,
and Definitions Generally.
"§ 14-208.5.  Purpose.
The General Assembly recognizes that sex offenders often pose a high risk of engaging in sex offenses even after being released from incarceration or commitment and that protection of the public from sex offenders is of paramount governmental interest.  The General Assembly also recognizes that persons who commit certain other types of offenses against minors, such as kidnapping, pose significant and unacceptable threats to the public safety and welfare of the State's children and that the protection of those children is of great governmental interest.  Further, the General Assembly recognizes that law enforcement officers' efforts to protect communities, conduct investigations, and quickly apprehend offenders who commit sex offenses or certain offenses against minors are impaired by the lack of information available to law enforcement agencies about convicted offenders who live within the agency's jurisdiction.  Release of information about these offenders will further the governmental interests of public safety so long as the information released is rationally related to the furtherance of those goals.
Therefore, it is the purpose of this Article to assist law enforcement agencies' efforts to protect communities by requiring persons who are convicted of sex offenses or of certain other offenses committed against minors to register with law enforcement agencies, to require the exchange of relevant information about those offenders among law enforcement agencies, and to authorize the access to necessary and relevant information about those offenders to others as provided in this Article.
"§ 14-208.6.  Definitions.
The following definitions apply in this Article:
(1a)	'County registry' means the information compiled by the sheriff of a county in compliance with this Article.
(1b)	'Division' means the Division of Criminal Statistics of the Department of Justice.
(1c)	'Mental abnormality' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of others.
(1d)	'Offense against a minor' means any of the following offenses if the offense is committed against a minor and the person committing the offense is not the minor's parent or legal custodian:  G.S. 14-39 (kidnapping), G.S. 14-41 (abduction of children), and G.S. 14-43.3(felonious restraint).
(2)	'Penal institution' means:
a.	A detention facility operated under the jurisdiction of the Division of Prisons of the Department of Correction;
b.	A detention facility operated under the jurisdiction of another state or the federal government; or
c.	A detention facility operated by a local government in this State or another state.
(2a)	'Personality disorder' means an enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual's culture, is pervasive and inflexible, has an onset in adolescence or early adulthood, is stable over time, and leads to distress or impairment.
(3)	'Release' means discharged or paroled.
(4)	'Reportable conviction' means:
a.	A final conviction for an offense against a minor, a sexually violent offense, or an attempt to commit any of those offenses. 
b.	A final conviction in another state of an offense, which if committed in this State, would have been an offense against a minor or a sexually violent offense as defined by this section.
c.	A final conviction in a federal jurisdiction of an offense, which is substantially similar to an offense against a minor or a sexually violent offense as defined by this section.
(5)	'Sexually violent offense' means a violation of G.S. 14-27.2 (first degree rape), 14-27.3 (second degree rape), 14-27.4 (first degree sexual offense), 14-27.5 (second degree sexual offense), 14-27.6 (attempted rape or sexual offense), 14-27.7 (intercourse and sexual offense with certain victims), 14-178 (incest between near relatives), 14-190.6 (employing or permitting minor to assist in offenses against public morality and decency), 14-190.16 (first degree sexual exploitation of a minor), 14-190.17 (second degree sexual exploitation of a minor), 14-190.17A (third degree sexual exploitation of a minor), 14-190.18 (promoting prostitution of a minor), 14-190.19 (participating in prostitution of a minor), or 14-202.1 (taking indecent liberties with children).
(6)	'Sexually violent predator' means a person who has been convicted of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in sexually violent offenses directed at strangers or at a person with whom a relationship has been established or promoted for the primary purpose of victimization.
(7)	'Sheriff' means the sheriff of a county in this State. 
(8)	'Statewide registry' means the central registry compiled by the Division in accordance with G.S. 14-208.14.
"§ 14-208.6A.  Registration requirements for criminal offenders and for criminal offenders determined to be sexually violent predators.
It is the objective of the General Assembly to establish a 10-year registration requirement for persons convicted of certain offenses against minors or sexually violent offenses.  It is the further objective of the General Assembly to establish a more stringent set of registration requirements for a subclass of highly dangerous sex offenders who are determined by a sentencing court with the assistance of a board of experts to be sexually violent predators.
To accomplish this objective there are established two registration programs:  the Sex Offender and Public Protection Registration Program and the Sexually Violent Predator Registration Program.  Any person convicted of an offense against a minor or of a sexually violent offense as defined by this Article shall register as an offender in accordance with Part 2 of this Article.  Any person determined to be a sexually violent predator shall register as such in accordance with Part 3 of this Article.
The information obtained under these programs shall be immediately shared with the appropriate local, State, federal, and out-of-state law enforcement officials and penal institutions.  In addition, the information designated under G.S. 14-208.10(a)	as public record shall be readily available to and accessible by the public.  However, the identity of the victim is not public record and shall not be released as a public record.
"Part 2.  Sex Offender and Public Protection
Registration Program.
"§ 14-208.7.  Registration.
(a)	A person who is a State resident and who has a reportable conviction shall be required to maintain registration with the sheriff of the county where the person resides. If the person moves to North Carolina from outside this State, the person shall register within 10 days of establishing residence in this State. If the person is a current resident of North Carolina, the person shall register:
(1)	Within 10 days of release from a penal institution or arrival in a county to live outside a penal institution; or
(2)	Immediately upon conviction for a reportable offense where an active term of imprisonment was not imposed.
Registration shall be maintained for a period of 10 years following release from a penal institution. If no active term of imprisonment was imposed, registration shall be maintained for a period of 10 years following each conviction for a reportable offense.
(b)	The Division shall provide each sheriff with forms for registering persons as required by this Article. The registration form shall require:
(1)	The person's full name, each alias, date of birth, sex, race, height, weight, eye color, hair color, drivers license number, and home address;
(2)	The type of offense for which the person was convicted, the date of conviction, and the sentence imposed;
(3)	A current photograph; and
(4)	The person's fingerprints.
The sheriff shall photograph the individual at the time of registration and take fingerprints from the individual at the time of registration both of which will be kept as part of the registration form. The registrant will not be required to pay any fees for the photograph or fingerprints taken at the time of registration.
(c)	When a person registers, the sheriff with whom the person registered shall immediately send the registration information to the Division in a manner determined by the Division. The sheriff shall retain the original registration form and other information collected and shall compile the information that is a public record under this Part into a county registry.
"§ 14-208.8.  Prerelease notification.
(a)	At least 10 days, but not earlier than 30 days, before a person who will be subject to registration under this Article is due to be released from a penal institution, an official of the penal institution shall:
(1)	Inform the person of the person's duty to register under this Article and require the person to sign a written statement that the person was so informed or, if the person refuses to sign the statement, certify that the person was so informed;
(2)	Obtain the registration information required under G.S. 14-208.7 (b)(1) and (2), as well as the address where the person expects to reside upon the person's release; and
(3)	Send the Division and the sheriff of the county in which the person expects to reside the information collected in accordance with subdivision (2) of this subsection.
(b)	If a person who is subject to registration under this Article does not receive an active term of imprisonment, the court pronouncing sentence shall conduct, at the time of sentencing, the notification procedures specified in subsection (a) of this section. 
"§ 14-208.9.  Change of address.
If a person required to register changes address, the person shall provide written notice of the new address not later than the tenth day after the change to the sheriff of the county with whom the person had last registered. Upon receipt of the notice, the sheriff shall immediately forward this information to the Division. If the person moves to another county in this State, the Division shall inform the sheriff of the new county of the person's new residence.
"§ 14-208.9A.  Verification of registration information.
The information in the county registry shall be verified annually for each registrant as follows:
(1)	Every year on the anniversary of a person's initial registration date, the Division shall mail a nonforwardable verification form to the last reported address of the person.
(2)	The person shall return the verification form to the sheriff within 10 days after the receipt of the form.
(3)	The verification form shall be signed by the person and shall indicate whether the person still resides at the address last reported to the sheriff.  If the person has a different address, then the person shall indicate that fact and the new address.
(4)	If the person fails to return the verification form to the sheriff within 10 days after receipt of the form, the person is subject to the penalties provided in G.S. 14-208.11.  If the verification form is returned to the sheriff as undeliverable, the sheriff shall make reasonable attempts to verify that the person is residing at the registered address.  If the person cannot be found at the registered address and has failed to report a change of address, the person is subject to the penalties provided in G.S. 14-208.11, unless the person reports in person to the sheriff and proves that the person has not changed his or her residential address.
"§ 14-208.10.  Registration information is public record; access to registration information.
(a)	
				The following information regarding a person required to register under this Article is public record and shall be available for public inspection:  name, sex, address, physical description, picture, conviction date, offense for which registration was required, the sentence imposed as a result of the conviction, and registration status.  The sheriff shall release any other relevant information that is necessary to protect the public concerning a specific person, but shall not release the identity of the victim of the offense that required registration under this Article.
(b)	Any person may obtain a copy of an individual's registration form, a part of the county registry, or all of the county registry, by submitting a written request for the information to the sheriff.  However, the identity of the victim of an offense that requires registration under this Article shall not  be released.  The sheriff may charge a reasonable fee for duplicating costs and for mailing costs when appropriate.
	(c)	"§ 14-208.11.  Failure to register; falsification of verification notice; failure to return verification form; order for arrest.
(a)	A person required by this Article to register who does any of the following is guilty of a Class F felony:
(1)	Fails to register.
(2)	Fails to notify the last registering sheriff of a change of address.
(3)	Fails to return a verification notice as required under G.S. 14-208.9A.
(4)	Forges or submits under false pretenses the information or verification notices required under this Article.
(a1)	If a person commits a violation of subsection (a) of this section, the probation officer, parole officer, or any other law enforcement officer who is aware of the violation shall immediately arrest the person in accordance with G.S. 15A-401, or seek an order for the person's arrest in accordance with G.S. 15A-305.
(b)	Before a person convicted of a violation of this Article is due to be released from a penal institution, an official of the penal institution shall conduct the prerelease notification procedures specified under G.S. 14-208.8(a)(2) and (3). If upon a conviction for a violation of this Article, no active term of imprisonment is imposed, the court pronouncing sentence shall, at the time of sentencing, conduct the notification procedures specified under G.S. 14-208.8(a)(2) and (3).
		"§ 14-208.12A.  Termination of registration requirement.
	(a) The requirement that a person register under this Part automatically terminates 10 years from the date of initial county registration if the person has not been convicted of a subsequent offense requiring registration under this Article.
(b)	If there is a subsequent offense, the county registration records shall be retained until the registration requirement for the subsequent offense is terminated.
"§ 14-208.13.  File with Police Information Network.
(a)	The Division shall include the registration information in the Police Information Network as set forth in G.S. 114-10.1.
(b)	The Division shall maintain the registration information permanently even after the registrant's reporting requirement expires.
"§ 14-208.14.  Statewide registry; Division of Criminal Statistics designated custodian of statewide registry.
(a)	The Division of Criminal Statistics shall compile and keep current a central statewide sex offender registry.  The Division is the State agency designated as the custodian of the statewide registry.  As custodian the Division has the following responsibilities:
(1)	To receive from the sheriff or any other law enforcement agency or penal institution all sex offender registrations, changes of address, and prerelease notifications required under this Article or under federal law.  The Division shall also receive notices of any violation of this Article, including a failure to register or a failure to report a change of address.
(2)	To provide all need-to-know law enforcement agencies, (local, State, federal, and those located in other states) immediately upon receipt by the Division of any of the following:  registration information, a prerelease notification, a change of address, or notice of a violation of the Article.
(3)	To coordinate efforts among law enforcement agencies and penal institutions to ensure that the registration information, changes of address, prerelease notifications, and notices of failure to register or to report a change of address are conveyed in an appropriate and timely manner.
(4)	To provide public access to the statewide registry in accordance with this Article.
(b)	The statewide registry shall include the following:
(1)	Registration information obtained by a sheriff or penal institution under this Article or from any other local or State law enforcement agency.
(2)	Registration information received from a state or local law enforcement agency or penal institution in another state.
(3)	Registration information received from a federal law enforcement agency or penal institution.
"§ 14-208.15.  Certain statewide registry information is public record: access to statewide registry.
(a)	The information in the statewide registry that is public record is the same as in G.S. 14-208.10. The Division shall release any other relevant information that is necessary to protect the public concerning a specific person, but shall not release the identity of the victim of the offense that required registration under this Article.
(b)	The Division shall provide free public access to automated data from the statewide registry, including photographs provided by the registering sheriffs, via the Internet.  The public will be able to access the statewide registry to view an individual registration record, a part of the statewide registry, or all of the statewide registry.  The Division may also provide copies of registry information to the public upon written request, and may charge a reasonable fee for duplicating costs and mailings costs.
"Part 3.  Sexually Violent Predator Registration Program.
"§ 14-208.20.   Sexually violent predator determination; notice of intent; presentence investigation.
(a)	When a person is charged by indictment or information with the commission of a sexually violent offense, the district attorney shall decide whether to seek classification of the offender as a sexually violent predator if the person is convicted.  If the district attorney intends to seek the classification of a sexually violent predator, the district attorney shall within the time provided for the filing of pretrial motions under G.S. 15A-952 file a notice of the district attorney's intent.  The court may for good cause shown allow late filing of the notice, grant additional time to the parties to prepare for trial, or make other appropriate orders.
(b)	Prior to sentencing a person as a sexually violent predator, the court shall order a presentence investigation in accordance with G.S. 15A-1332(c).  However, the study of the defendant and whether the defendant is a sexually violent predator shall be conducted by a board of experts selected by the Department of Correction.  The board of experts shall be composed of at least two people who are experts in the field of the behavior and treatment of sexual offenders, and who are also experts in the diagnosis of mental abnormalities and personality disorders.
(c)	When the defendant is returned from the presentence commitment, the court shall hold a sentencing hearing in accordance with G.S. 15A-1334.  At the sentencing hearing, the court shall, after taking the presentencing report under advisement, make written findings as to whether the defendant is classified as a sexually violent predator and the basis for the court's findings.
"§ 14-208.21.  Registration procedure for sexually violent predator; application of Part 2 of this Article.
The provisions of Part 2 of this Article apply to a person classified as a sexual predator unless provided otherwise by this Part.  The procedure for registering as a sexually violent predator is the same as under Part 2 of this Article.
"§ 14-208.22.  Additional registration information required.
(a)	In addition to the information required by G.S. 14-208.7, the following information shall also be obtained in the same manner as set out in Part 2 of this Chapter from a person who is classified as a sexually violent predator:
(1)	Identifying factors.
(2)	Offense history.
(3)	Documentation of any treatment received by the person for the person's mental abnormality or personality disorder.  Medical records or documentation of treatment obtained pursuant to this section shall not be a part of the public record.
(b)	The Division shall provide each sheriff with forms for registering persons as required by this Article.
(c)	The Department of Correction shall also obtain the additional information set out in subsection (a) of this section and shall include this information in the prerelease notice forwarded to the sheriff or other appropriate law enforcement agency.
"§ 14-208.23.  Length of registration.
The requirement that a person who is classified as a sexually violent predator maintain registration shall terminate only upon a determination, made in accordance with this Part, that the person no longer suffers from  a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense.
"§ 14-208.24.  Verification of registration information.
(a)	The information in the county registry shall be verified by the sheriff for each registrant who is classified as a sexually violent predator every 90 days after the person's initial registration date.
(b)	The procedure for verifying the information in the criminal offender registry is the same as under G.S. 14-208.9A, except that verification shall be every 90 days as provided by subsection (a) of this section.
"§ 14-208.25.  Termination of registration requirement.
Ten years from the date of a person's initial registration as a sexually violent predator, a person may petition the superior court to review the person's classification as a sexually violent predator if the person has committed no subsequent reportable convictions.  The decision as to whether to grant the review is in the discretion of the court.  If the court grants the review, the court shall order a presentence commitment study as provided in G.S. 14-208.20(b).  Upon receipt of the study results, the court shall hold a hearing to determine whether the person's classification as a sexually violent predator should be terminated.  The procedure for the hearing shall be the same as under G.S 15A-1334 (b) and (c).  The court shall make written findings of fact with regard to the court's decision and the basis for that decision."
Section 2.  The Department of Justice shall use funds available within its current operations budget for the 1997-98 fiscal year to design and implement a program for electronic access to the statewide sex offender registry.  The program shall provide on-line access to the statewide sex offender registry through the Internet, allowing members of the public to locate and access the public record of sex offender registration information.  The Division of Criminal Statistics shall be responsible for the on-line maintenance of current information regarding each registered sex offender.
Section 3. This act becomes effective April 1, 1998.