NO. 157.  AN ACT RELATING TO SEX OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION.

(S.227)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  LEGISLATIVE INTENT AND PURPOSE

The general assembly finds that the release of information about sex offenders to the general public will assist in protecting public safety.  The general assembly, in making information about sex offenders available to the public, does not intend that the information be used to inflict retribution or additional punishment on any person convicted of a sexual offense. 

Sec. 2.  13 V.S.A. § 5401 is amended to read:

§ 5401.  DEFINITIONS

As used in this subchapter:

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(3)  “Local law enforcement agency” means the municipal police department or, if statutorily established college or university police department.  If the municipality, college, or university has no police department, the law enforcement agency that serves the municipality, college, or university.

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(10)  “Sex offender” means:

(A)  A person who is convicted in any jurisdiction of the United States, including a state, territory, commonwealth, the District of Columbia, or military, federal, or tribal court of any of the following offenses:

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(16)  “Risk” means the degree of dangerousness that a sex offender poses to others.  “High‑risk” means a high degree of dangerousness that a sex offender poses to others.  Dangerousness includes the probability of a sexual reoffense. 

Sec. 3.  13 V.S.A. § 5403 is amended to read:

§ 5403.  REPORTING UPON CONVICTION

(a)  Upon conviction and prior to sentencing, the court shall order the sex offender to provide the court with the following information, which the court shall forward to the department forthwith:

(1)  name;

(2)  date of birth;

(3)  general physical description;

(4)  current address;

(5)  Social Security number;

(6)  fingerprints;

(7)  current photograph; and

(8)  current employment; and

(9)  name and address of any postsecondary educational institution at which the sex offender is enrolled as a student.

(b)  Within 10 days after sentencing, the court shall forward to the department the sex offender’s conviction record, including offense, date of conviction, sentence, and any conditions of release or probation.

Sec. 4.  13 V.S.A. § 5404 is amended to read:

§ 5404.  REPORTING UPON RELEASE FROM CONFINEMENT OR

              SUPERVISION

(a)  Upon receiving a sex offender from the court on a probationary sentence or any alternative sentence under community supervision by the department of corrections, or prior to releasing a sex offender from confinement or supervision, the department of corrections shall forward to the department the following information concerning the sex offender:

(1)  an update of the information listed in subsection (a) of section 5403 5403(a) of this title;

(2)  the address upon release;

(3)  name, address, and telephone number of the local department of corrections office in charge of monitoring the sex offender; and

(4)  documentation of any treatment or counseling received.

(b)  The department of corrections shall notify the department within 24 hours of the time a sex offender changes his or her address and or place of employment, or enrolls in or separates from any postsecondary educational institution.  In addition, the department of corrections shall provide the department with any updated information requested by the department.

(c)  The information required to be provided by subsection (a) of this section shall also be provided by the department of corrections to a sex offender’s parole or probation officer within three days of the time a sex offender is placed on probation or parole by the court or parole board.

(d)  If it has not been previously submitted, upon receipt of the information to be provided to the department pursuant to subsection (a) of this section, the department shall immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation.

Sec. 5.  13 V.S.A. § 5407 is amended to read:

§ 5407.  SEX OFFENDER’S DUTY TO REPORT

(a)  A sex offender shall report to the department as follows:

(1)  if convicted of a registry offense in another state, within 10 days after either establishing residence in this state or crossing into this state for purposes of employment, carrying on a vocation, or being a student, the sex offender shall provide the information listed in subsection (a) of section 5403 5403(a) of this title;

(2)  annually within 10 days after each anniversary of the person’s date of release the registrant’s birthday, or within 10 days after the anniversary of the person’s date of establishment of residence in Vermont, or crossing into this state for purposes of employment, carrying on a vocation, or being a student, if convicted elsewhere, except, if a person is determined to be a sexually violent predator, that person shall report to the department every 90 days; and

(3)  within three days after any change of address;

(4)  within three days after the registrant enrolls in or separates from any postsecondary educational institution; and

(5)  within three days after any change in place of employment.

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(h)  A registrant who has no permanent address shall report to the department to notify it as to his or her temporary residence.  Temporary residence, for purposes of this section, need not include an actual dwelling or numbered street address, but shall identify a specific location.  A registrant shall not be required to check in daily if he or she makes acceptable other arrangements with the department to keep his or her information current.

Sec. 6.  13 V.S.A. § 5411 is amended to read:

§ 5411.  NOTIFICATION TO LOCAL LAW ENFORCEMENT AND

              LOCAL COMMUNITY

(a)  Upon receiving a sex offender’s registration materials from the department of corrections, notification that a nonresident sex offender has crossed into Vermont for the purpose of employment, carrying on a vocation, or being a student, or a sex offender’s release or change of address, including changes of address which involve taking up residence in this state, the department shall immediately notify the local law enforcement agency of the following information, which may be used only for lawful law enforcement activities:

(1)  name;

(2)  general physical description;

(3)  nature of offense;

(4)  sentence;

(5)  the fact that the registry has on file additional information, including the sex offender’s photograph and fingerprints; and

(6)  current employment;

(7)  name and address of any postsecondary educational institution at which the sex offender is enrolled as a student; and

(8)  whether the offender complied with treatment recommended by the department of corrections.

(b)(1)  Except as provided for in subsection subsections (c) and (e) of this section, the department of public safety, the department of corrections, and any authorized local law enforcement agency authorized by the department of public safety, shall release relevant registry information necessary to protect the public concerning persons required to register under state law if the requestor can articulate a specific concern about the behavior of a specific person regarding the requestor’s personal safety or the safety of the requestor’s family another, or the requestor has reason to believe that a specific person may be a registered sex offender and can articulate a concern regarding the requestor’s personal safety or the safety of another.  However, the identity of a victim of an offense shall not be released.

(2)  The department, the department of corrections, and any authorized local law enforcement agency shall release the following registry information if the requestor meets the requirements in subdivision (1) of this subsection:

(A)  a general physical description of the offender;

(B)  date of birth;

(C)  the date and nature of the offense;

(D)  whether the offender complied with treatment recommended by the department of corrections; and

(E)  whether there is an outstanding warrant for the offender’s arrest.

(c)(1)  Except as provided for in subsection (e) of this section, upon request of a member of the public about a specific person, the department, the department of corrections, and any authorized local law enforcement agency shall release registry information on the following registrants:

(A)  Sex offenders who have been convicted of section 3253 of this title (aggravated sexual assault), subdivision 2405(a)(1)(D) of this title if a registrable offense (kidnapping and sexual assault of a child), or 33 V.S.A. § 6913(d) (sexual activity with a vulnerable adult).

(B)  Sex offenders who have at least one prior conviction for an offense described in subdivision 5401(10) of this subchapter or a comparable offense in another jurisdiction.

(C)  Sex offenders who have failed to comply with sex offender registration requirements and for whose arrest there is an outstanding warrant for such noncompliance. 

(D)  Sex offenders who have been designated as sexual predators pursuant to section 5405 of this title.

(E)  Sex offenders who have been designated by the department of corrections, pursuant to section 5411b of this title, as high risk.  

(2)  The department, the department of corrections, and any authorized local law enforcement agency shall release the following registry information to a requestor in accordance with subdivision (1) of this subsection:

(A)  the offender’s known aliases;

(B)  the offender’s date of birth;

(C)  a general physical description of the offender;

(D)  the offender’s town of residence;

(E)  the date and nature of the offender’s conviction;

(F)  if the offender is under the supervision of the department of corrections, the name and telephone number of the local department of corrections office in charge of monitoring the offender;

(G)  whether the offender complied with treatment recommended by the department of corrections;

(H)  whether there is an outstanding warrant for the offender’s arrest; and

(I)  the reason for which the offender information is accessible under subdivision (1) of this subsection.

(d)  The department, the department of corrections, and any local law enforcement agency authorized to release registry information shall keep a log of requests for registry information and follow the procedure for verification of the requestor’s identity recommended by the department.  Such log shall include the requestor’s name, address, telephone number, the name of the person for whom the request was made, the reason for the request, and the date of the request.  Information about requestors shall be confidential and shall only be accessible to criminal justice agencies.

(e)  After 10 years have elapsed from the completion of the sentence, a person required to register as a sex offender for life pursuant to section 5407 of this title may petition the district court for a termination of notification.  The state shall make a reasonable attempt to notify the victim of the proceeding, and consider victim testimony regarding the petition.  If the registrant was convicted of a crime which requires lifetime registration, there shall be a rebuttable presumption that the person is a high-risk sex offender.  Should the registrant present evidence that he or she is not a high-risk offender, the state shall have the burden of proof to establish by a preponderance of the evidence that the person remains a high risk to reoffend.  The court shall consider whether the offender has successfully completed sex offender treatment.  The court may require the offender to submit to a psychosexual evaluation.  If the court finds that there is a high risk of reoffense, notification shall continue.  The Vermont District Court Civil Rules of Civil Procedure shall apply to these proceedings.  A registrant may petition the court to be removed from the registry once every 60 months.  The presumption under this section that a lifetime registrant is a high-risk offender shall not automatically subject the offender to increased public access to his or her status as a sex offender and related information under subdivision (c)(1)(E) of this section or section 5411a of this title.

Sec. 7.  13 V.S.A. § 5411a is added to read:

§ 5411a.  ELECTRONIC POSTING OF THE SEX OFFENDER REGISTRY

(a)  Notwithstanding sections 2056a-2056e of Title 20, the department shall electronically post information on the internet in accordance with subsection (b) of this section regarding the following sex offenders, upon their release from confinement:

(1)  Sex offenders who have been convicted of a violation of section 3253 of this title (aggravated sexual assault) or subdivision 2405(a)(1)(D) of this title if a registrable offense (kidnapping and sexual assault of a child).

(2)  Sex offenders who are convicted of a violation of section 3252 (sexual assault) or 2602 (lewd or lascivious conduct with child) of this title, and who have a prior conviction of a violation of section 3252 (sexual assault) or 2602 (lewd or lascivious conduct with child) of this title.  Comparable offenses in another jurisdiction shall be included in this subsection.

(3)  Sex offenders who have failed to comply with sex offender registration requirements and for whose arrest there is an outstanding warrant for such noncompliance.  Information on offenders shall remain on the internet only while the warrant is outstanding.

(4)  Sex offenders who have been designated as sexual predators pursuant to section 5405 of this title.

(5)  Sex offenders who have not complied with sex offender treatment recommended by the department of corrections or who are ineligible for sex offender treatment.  The department of corrections shall establish rules for the administration of this subdivision and shall specify what circumstances constitute noncompliance with treatment and criteria for ineligibility to participate in treatment.  Offenders subject to this provision shall have the right to appeal the department of corrections’ determination in superior court in accordance with Rule 75 of the Vermont Rules of Civil Procedure.  This subdivision shall apply prospectively and shall not apply to those sex offenders who did not comply with treatment or were ineligible for treatment prior to March 1, 2005. 

(6)  Sex offenders who have been designated by the department of corrections, pursuant to section 5411b of this title, as high-risk.  

(b)  The department shall electronically post the following information on sex offenders designated in subsection (a) of this section:

(1)  the offender’s name and any known aliases;

(2)  the offender’s date of birth;

(3)  a general physical description of the offender;

(4)  a digital photograph of the offender;

(5)  the offender’s town of residence;

(6)  the date and nature of the offender’s conviction;

(7)  if the offender is under the supervision of the department of corrections, the name and telephone number of the local department of corrections office in charge of monitoring the sex offender;

(8)  whether the offender complied with treatment recommended by the department of corrections;

(9)  a statement that there is an outstanding warrant for the offender’s arrest, if applicable; and

(10)  the reason for which the offender information is accessible under this section.

(c)  The department shall have the authority to take necessary steps to obtain digital photographs of offenders whose information is required to be posted on the internet and to update photographs as necessary.  An offender who is requested by the department to report to the department or a local law enforcement agency for the purpose of being photographed for the internet shall comply with the request within 30 days. 

(d)  An offender’s street address shall not be posted electronically.  The identity of a victim of an offense that requires registration shall not be released.

(e)  Information regarding a sex offender shall not be posted electronically if the conduct that is the basis for the offense is criminal only because of the age of the victim and the perpetrator is within 38 months of age of the victim.

(f)  Information regarding a sex offender shall not be posted electronically prior to the offender reaching the age of 18, but such information shall be otherwise available pursuant to section 5411 of this title.

(g)  Information on sex offenders shall be posted on the internet for the duration of time for which they are subject to notification requirements under section 5401 et seq. of this title.

(h)  Posting of the information shall include the following language:  “This information is made available for the purpose of complying with 13 V.S.A. § 5401 et seq., which requires the Department of Public Safety to establish and maintain a registry of persons who are required to register as sex offenders and to post electronically information on sex offenders.  The registry is based on the legislature’s decision to facilitate access to publicly available information about persons convicted of sexual offenses.  Except for offenders specifically designated on this site as high-risk, the Department of Public Safety has not considered or assessed the specific risk of reoffense with regard to any individual prior to his or her inclusion within this registry and has made no determination that any individual included in the registry is currently dangerous.  The main purpose of providing this data on the internet is to make information more easily available and accessible, not to warn about any specific individual.  If you have questions or concerns about a person who is not listed on this site or you have questions about sex offender information listed on this site, please contact the Department of Public Safety or your local law enforcement agency.  Please be aware that many nonoffenders share a name with a registered sex offender.  Any person who uses information in this registry to injure, harass, or commit a criminal offense against any person included in the registry or any other person is subject to criminal prosecution.”

(i)  The department shall post electronically general information about the sex offender registry and how the public may access registry information.  Electronically posted information regarding sex offenders listed in subsection (a) of this section shall be organized and available to search by the sex offender’s name and the sex offender’s county of residence.

(j)  Any member of the public who seeks to access information on specific sex offenders on the sex offender website shall register on the website.  Registration information about site users shall not be public.  The website shall require the person’s name and address and shall require the person to acknowledge that he or she has read the following disclaimer:  “THE IDENTIFYING INFORMATION REGARDING A REGISTERED USER OF THIS SITE IS MAINTAINED PURSUANT TO LAW AND IS CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE.  THE INFORMATION IS COLLECTED TO IDENTIFY A PATTERN OR PRACTICE OF MISUSE OF SEX OFFENDER REGISTRATION INFORMATION SUCH AS THE COMMISSION OF A CRIME AGAINST A REGISTERED SEX OFFENDER OR ANY ATTEMPT TO PORTRAY FALSELY AN INDIVIDUAL AS A SEX OFFENDER.  USING AND SHARING SEX OFFENDER INFORMATION RESPONSIBLY TO ENSURE THE SAFETY OF YOURSELF, YOUR FAMILY, AND YOUR COMMUNITY IS NOT A PATTERN OR PRACTICE OF MISUSE.”

(k)  The department shall adopt rules for the administration of this section and shall expedite the process for the adoption of such rules.  The department shall not implement this section prior to the adoption of such rules.

Sec. 8.  13 V.S.A. § 5411b is added to read:

§ 5411b.  DESIGNATION OF HIGH‑RISK SEX OFFENDER

(a)  The department of corrections may evaluate a sex offender for the purpose of determining whether the offender is “high-risk” as defined in section 5401 of this title.  The designation of high‑risk under this section is for the purpose of identifying an offender as one who should be subject to increased public access to his or her status as a sex offender and related information, including internet access.

(b)  After notice and an opportunity to be heard, a sex offender who is designated as high‑risk shall have the right to appeal de novo to the superior court in accordance with Rule 75 of the Vermont Rules of Civil Procedure.

(c)  The department of corrections shall adopt rules for the administration of this section.  The department of corrections shall not implement this section prior to the adoption of such rules.

Sec. 9.  13 V.S.A. § 5412 is amended to read:

§ 5412.  IMMUNITY

(a)  The department, the department of corrections, any authorized local law enforcement agency and their employees shall be immune from liability in carrying out the provisions under this subchapter except in instances of gross negligence or willful misconduct, provided that the agencies complied with the rules adopted pursuant to this subchapter.  

(b)  Nothing in this subchapter shall be construed to prevent the department, the department of corrections, and any authorized local law enforcement officers agency from notifying members of the public exposed to danger of any persons that pose who are likely to encounter a sex offender who poses a danger under circumstances that are not enumerated in this subchapter. 

(c)  Notification of the community beyond those persons likely to encounter a sex offender shall be authorized only under circumstances which constitute a compelling risk to public safety and only after consultation with the Vermont crime information center and the department of corrections. 

Sec. 10.  13 V.S.A. § 5233 is amended to read:

§ 5233.  EXTENT OF SERVICES

(a)  A needy person who is entitled to be represented by an attorney under section 5231 of this title is entitled:

(1)  To be counseled and defended at all stages of the matter beginning with the earliest time when a person providing his the person’s own counsel would be entitled to be represented by an attorney and including revocation of probation or parole;

(2)  To be represented in any appeal; and

(3)  To be represented in any other post-conviction postconviction proceeding that which may have more than a minimal effect on the length or conditions of detention where the attorney or the needy person considers appropriate the claims, defenses, and other legal contentions to be warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law.

(b)  A needy person’s right to a benefit under this section is not affected by his having provided a similar benefit at his the person’s own expense, or by his having waived it, at an earlier stage.

Sec. 11.  3 V.S.A. § 163 is amended to read:

§ 163.  JUVENILE COURT DIVERSION PROJECT

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(e)  The requirements of subdivisions (c)(1), (2), (3), and (4) of this section shall not apply to mandatory conditions imposed by the diversion board, following an adjudication of a civil violation pursuant to section 656 of Title 7. Subdivision (c)(5) of this section shall not restrict the diversion board from notifying the commissioner of motor vehicles that a person has failed to timely complete imposed conditions.  The diversion board may disclose all relevant information about a person in an administrative or judicial proceeding related to whether a suspension is proper.  Within 30 days of the two-year anniversary of a successful completion of juvenile diversion, the court shall provide notice to all parties of record of the court’s intention to order the sealing of all court files and records, law enforcement records other than entries in the juvenile court diversion project’s centralized filing system, fingerprints, and photographs applicable to a juvenile court diversion proceeding.  The court shall give the state’s attorney an opportunity for a hearing to contest the sealing of records.  The court shall seal the records if it finds:

(1)  two years have elapsed since the successful completion of the juvenile court diversion program by the participant and the dismissal of the case by the state’s attorney;

(2)  the participant has not been convicted of a subsequent felony or misdemeanor during the two-year period, and no proceedings are pending seeking such conviction; and

(3)  rehabilitation of the participant has been attained to the satisfaction of the court.

(f)  Upon the entry of an order sealing such files and records under this section, the proceedings in the matter under this section shall be considered never to have occurred, all index references thereto shall be deleted, and the participant, the court, and law enforcement officers and departments shall reply to any request for information that no record exists with respect to such participant inquiry in any matter.  Copies of the order shall be sent to each agency or official named therein.

(g)  Inspection of the files and records included in the order may thereafter be permitted by the court only upon petition by the participant who is the subject of such records and only to those persons named therein.

(f)(h)  Subject to the approval of the attorney general, the Vermont association of court diversion programs may develop and administer programs to assist persons under this section charged with delinquent, criminal, and civil offenses.

Sec. 12.  3 V.S.A. § 164 is amended to read:

§ 164.  ADULT COURT DIVERSION PROJECT

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(e)  On application of a participant in an adult diversion program or on the court’s own motion, and after Within 30 days of the two-year anniversary of a successful completion of adult diversion, the court shall provide notice to all parties of record and hearing, of the court shall court’s intention to order the sealing of all court files and records, law enforcement records other than entries in the adult court diversion project’s centralized filing system, fingerprints, and photographs applicable to the proceeding.  The court shall give the state’s attorney an opportunity for a hearing to contest the sealing of the records.  The court shall seal the records if it finds:

(1)  two years have elapsed since the successful completion of the adult diversion program by the participant and the dismissal of the case by the state’s attorney; and

(2)  the participant has not been convicted of a subsequent felony or misdemeanor after the initial charge of the participant and prior to the above hearing during the two-year period, and no proceedings are pending seeking such conviction; and

(3)  rehabilitation of the participant has been attained to the satisfaction of the court.

(f)  Notice of hearing held under this section shall in any event be given to

(1)  the state’s attorney having jurisdiction;

(2)  the law enforcement officers or department having custody of the files and records; and

(3)  the participant.

(g)  Upon the entry of an order sealing such files and records under this section, the proceedings in the matter under this section shall be considered never to have occurred, all index references thereto shall be deleted, and the participant, the court, and law enforcement officers and departments shall reply to any request for information that no record exists with respect to such participant inquiry in any matter.  Copies of the order shall be sent to each agency or official named therein.

(h)(g)  Inspection of the files and records included in the order may thereafter be permitted by the court only upon petition by the participant who is the subject of such records, and only to those persons named therein.

(i)  The requirements of subdivisions (c)(1), (2), (3), and (4) of this section shall not apply to mandatory conditions imposed by the diversion board following an adjudication of a civil violation pursuant to section 656 of Title 7.  Subdivision (c)(5) of this section shall not restrict the diversion board from notifying the commissioner of motor vehicles that a person has failed to timely complete imposed conditions.  The diversion board may disclose all relevant information about a person in an administrative or judicial proceeding related to whether a suspension is proper.

(h)  The process of automatically sealing records as provided in this section shall only apply to those persons who completed diversion after July 1, 2002.  Any person who completed diversion prior to July 1, 2002 must apply to the court to have his or her records sealed.  Sealing shall occur if the requirements of subsection (e) of this section are met.

(j)(i)  Subject to the approval of the attorney general, the Vermont association of court diversion programs may develop and administer programs to assist persons under this section charged with delinquent, criminal, and civil offenses.

Sec. 13.  CORRECTIONS TO S.75

In Sec. 2 of S.75, as enacted during 2004, by striking out subsection (g) in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:

(g)  When a person who is committed to the custody of the department of corrections or who is under the supervision of the department of corrections dies, the commissioner of corrections may request to be provided with a copy of any and all reports generated pursuant to subsection (f) of this section.  No such request shall be granted where the medical examiner is unable to determine a manner of death or the manner of death is classified as a homicide.  In other circumstances, the request shall be granted in the discretion of the medical examiner for good cause shown.  Reports disclosed pursuant to this subsection shall remain confidential as required by law and shall not be considered to be a public record pursuant to 1 V.S.A. § 317.

Sec. 14.  STUDY

(a)  A sex offender supervision and community notification study committee is established for the purpose of making findings and recommendations to the general assembly on the following:

(1)  Whether posting information on registered sex offenders on the internet is a valuable and effective public safety tool.  If information is posted, which offenders should be subject to the posting and what information should be available via the internet.  Other issues to consider include whether internet posting increases risk to the victims of sex offenders and unintentionally publicly reveals their victimization; the effect of internet posting on an offender’s reentry into a community and the risk for reoffense; and the effect of internet posting on persons who are not offenders, but share the same name as a listed sex offender.

(2)  Issues regarding registered sex offenders who completed their maximum sentence for their sexual offense and are not under the supervision of the department of corrections after release from incarceration, including civil commitment, electronic monitoring bracelets, and alternative methods.

(3)  Whether Vermont should employ the use of electronic monitoring bracelets, and if so, in what circumstances.  The committee shall consider at a minimum the use of bracelets for registered sex offenders who are in the community and as an option to pretrial detention for any offender.

(4)  Whether criminal records should be maintained at the Vermont crime information center if they are not fingerprint-supported. 

(5)  A review of the differences and similarities between juvenile sex offenders and adult sex offenders for the purpose of identifying appropriate responses to treatment, incarceration, and supervision of juvenile sex offenders.

(b)  The committee shall consist of the following members:

(1)  two members of the house of representatives, from different political parties, appointed by the speaker of the house;

(2)  two members of the senate, from different political parties, appointed by the committee on committees;

(3)  the commissioner of the department of corrections or the director of the department of corrections’ sex offender treatment program;

(4)  the commissioner of the department of developmental and mental health services or his or her designee;

(5)  the defender general or his or her designee;

(6)  the executive director of the Vermont American civil liberties union, or his or her designee;

(7)  two members at large appointed by the governor;

(8)  the executive director of Vermont legal aid or his or her designee;

(9)  the executive director of the department of state’s attorneys or his or her designee; and

(10)  the commissioner of the department of public safety or his or her designee.

(c)  In its deliberations, the committee shall consult with the governor’s commission on prison overcrowding, Vermont protection and advocacy, the office of the juvenile defender, and the center for crime victim services.

(d)  The committee shall have the assistance and cooperation of all state and local agencies and departments.  The legislative council and the joint fiscal office shall provide professional and administrative support for the committee.

(e)  Legislative members of the committee shall be entitled to per diem compensation and reimbursement for expenses in accordance with 2 V.S.A. § 406.  The at-large members appointed by the governor shall be entitled to per diem compensation and reimbursement for expenses in the same manner as legislative members, provided they are not state employees.

(f)  The committee shall meet no more than five times.

(g)  The committee findings and recommendations, including proposals for legislative action, shall be presented to the general assembly no later than January 15, 2005.

Sec. 15.  VERMONT CRIME INFORMATION CENTER

The director of the Vermont crime information center shall maintain and disseminate criminal records pursuant to chapter 117 of Title 20 regardless of whether the record is fingerprint-supported.  Any “no print, no record” rule or policy of the center shall be void. 

Sec. 16.  DISSEMINATION OF ELECTRONIC CASE RECORDS

The judiciary shall not permit public access via the internet to criminal case records or family court case records prior to June 1, 2005.  The court may permit criminal justice agencies, as defined in 20 V.S.A. § 2056a, internet access to criminal case records for criminal justice purposes, as defined in section 2056a.

Sec. 17.  TRAINING

(a)  The department of public safety shall establish and conduct, in cooperation with the department of corrections, a comprehensive training program to inform and instruct law enforcement and corrections personnel on the operation of the sex offender registry and the administration of this act.

(b)  The Vermont center for crime victim services shall establish and conduct, in collaboration with the Vermont network against domestic violence and sexual assault and other appropriate agencies, a comprehensive plan for public education regarding sexual violence in Vermont.  Such training shall be offered at the local level throughout Vermont and shall be focused on providing information to community members, municipal leaders, law enforcement personnel, health care providers, early education providers, school personnel and educators, and others.  Information presented shall include the dynamics of sexual violence; its impact on victims and the community; sex offender typologies, treatment, and community supervision; and sexual violence prevention.

Sec. 18.  APPROPRIATION

(a)  The amount of $50,000.00 in general funds one-time money is appropriated to the department of public safety in fiscal year 2005 for the purpose of establishing an on-line sex offender registry information webpage in accordance with this act.

(b)  The amount of $25,000.00 in general funds one-time money is appropriated to the department of public safety fiscal year 2005 for the purpose of establishing and conducting, in cooperation with the department of corrections, a comprehensive training program to inform and instruct law enforcement and corrections personnel on the operation of the sex offender registry and the administration of this act.

(c)  The amount of $20,000.00 in general funds is appropriated to the department of public safety in fiscal year 2005 for the purpose of maintaining the sex offender registry.

Sec. 19.  EFFECTIVE DATE

(a)  Sec. 7 of this act shall take effect on October 1, 2004, except that the department of public safety may initiate rulemaking pursuant to Sec. 7 prior to this effective date, and except that subdivision (a)(5) of Sec. 7 shall take effect March 1, 2005.

(b)  Sec. 8 of this act shall take effect March 1, 2005, except that the department of corrections may initiate rulemaking pursuant to Sec. 8 prior to this effective date.

(c)  Secs. 10 and 13 of this act shall take effect upon passage.

Approved:  June 8, 2004