|BILL AS INTRODUCED||2007-2008|
Introduced by Senator Sears of Bennington District, Senator Campbell of Windsor District, Senator Cummings of Washington District, Senator Mullin of Rutland District and Senator Nitka of Windsor District
Subject: Crimes and criminal procedure; crime victims; sex offender registry
Statement of purpose: This bill proposes to designate certain sex offenders who have maxed-out their criminal sentences and refused sex offender treatment as noncompliant high-risk sex offenders who are subject to additional sex offender registry requirements. An offender who violates heightened registry requirements shall be imprisoned for life; however, the offender may be placed on probation, parole, or furlough, provided the offender is subject to electronic monitoring through a global positioning system. A noncompliant high-risk sex offender may be relieved of these additional registry requirements by proving to a district court that he or she is no longer considered high-risk and has subsequently successfully completed sex offender treatment.
AN ACT RELATING TO INCREASED SEX OFFENDER REGISTRY REQUIREMENTS FOR NONCOMPLIANT HIGH-RISK SEX OFFENDERS
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 13 V.S.A. § 5407 is amended to read:
§ 5407. SEX OFFENDER’S DUTY TO REPORT
Except as provided in section 5411d of this title, a sex offender shall
report to the department as follows:
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(f) A person required to register as a sex offender under this subchapter shall continue to comply with this section for the life of that person, except during periods of incarceration, if that person:
(1) has at least one prior conviction for an offense described in subdivision 5401(10) of this subchapter or a comparable offense in another jurisdiction of the United States;
has been convicted of a sexual assault as defined in section 3252 of this title
or aggravated sexual assault as defined in section 3253 of this title; however,
if a person convicted under section 3252 is not more than six years older than
the victim of the assault and if the victim is 14 years or older, then the
offender shall not be required to register for life if the age of the victim
was the basis for the conviction;
has been determined to be a sexually violent predator pursuant to section 5405
subchapter title; or
(4) has been designated as a noncompliant high-risk sex offender pursuant to section 5411d of this title.
Sec. 2. 13 V.S.A. § 5411 is amended to read:
§ 5411. NOTIFICATION TO LOCAL LAW ENFORCEMENT AND
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(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 who is not designated as a noncompliant high-risk sex offender pursuant to section 5411d of this title may petition the district court for a termination of community notification, including the internet. 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 Rules of Civil Procedure shall apply to these proceedings. A lifetime registrant may petition the court to be removed from community notification requirements 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) of this section or section 5411a of this title.
Sec. 3. 13 V.S.A. § 5411a is amended 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:
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(5)(A) 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.
(B) The department of corrections shall notify the department if a sex offender who is on probation and compliant with sex offender treatment completes his or her sentence but has not completed sex offender treatment. As long as the offender complies with treatment, the offender shall not be considered noncompliant or ineligible for treatment under this subdivision and shall not be placed on the internet registry in accordance with this subdivision alone. However, the offender shall submit to the department proof of continuing treatment compliance every three months. Proof of compliance shall be a form provided by the department of corrections that the offender’s treatment provider shall sign, attesting to the offender’s continuing compliance with recommended treatment. Failure to submit such proof as required under this subdivision shall result in the offender’s placement on the internet registry in accordance with subdivision (A) of this subdivision (5).
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Sec. 4. 13 V.S.A. § 5411d is added to read:
DESIGNATION OF NONCOMPLIANT HIGH-RISK SEX
(a) As used in this subchapter, “sexually violent offense” means lewd and lascivious conduct with a child as defined in section 2602 of this title, sexual assault as defined in section 3252 of this title, aggravated sexual assault as defined in section 3253 of this title, or any attempt to commit a crime listed herein, or a comparable offense in another jurisdiction of the United States.
(b) Prior to releasing a person from total confinement, the department of corrections shall designate the person as a noncompliant high-risk sex offender if the person:
(1) Is incarcerated on July 1, 2007 for a sexually violent offense.
(2) Is not subject to indeterminate life sentences under section 3271 of this title.
(3) Is designated as a high-risk sex offender pursuant to section 5411b of this title.
(4) Is noncompliant with sex offender treatment as defined by department of corrections’ directives.
(b) Noncompliant high-risk sex offenders shall report to the department as follows:
(1) In person, within 15 days from the date of release from department of corrections’ supervision, and within every 30 days thereafter.
(2) Prior to any change of address. However, if the change of address is unanticipated, the offender shall report within one day of the change of address.
(3) Prior to enrollment in or separation from any postsecondary educational institution. However, if the change in school status is unanticipated, the offender shall report within one day of the change.
(4) Within one day of any change in a place of employment.
(c) In addition to the registry information required in section 5403 of this title, a noncompliant high-risk sex offender shall provide the department with the make, model, color, registration, and license plate number of any vehicle registered under his or her name within three days of such registration.
(d) The department shall arrange for the noncompliant high-risk sex offender to have his or her digital photograph updated annually for purposes of the electronic registry as provided in section 5411a of this title. 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 registry shall comply with the request within 30 days.
(e) The department shall conduct periodic unannounced registry compliance checks on noncompliant high-risk sex offenders to verify the accuracy of registry information.
(f)(1) A noncompliant high-risk sex offender may petition the district court to be relieved from the heightened registry requirements in this section once every five years from the date of designation. The offender shall have the burden of proving by a preponderance of the evidence that he or she:
(A) no longer qualifies as a high-risk offender as defined in section 5401 of this title and rules adopted by the department of corrections in accordance with section 5411b of this title; and
(B) has complied with and completed sex offender treatment as provided by department of corrections’ directives.
(2) The Vermont Rules of Civil Procedure shall apply to these proceedings.
(3) If the court finds that the offender is not high-risk and has successfully completed treatment, the court shall order that the offender is no longer considered a noncompliant high-risk offender and is subsequently relieved from the heightened registry requirements of this section; however, the offender shall still continue to comply with sex offender registry and other requirements as provided elsewhere in this subchapter.
(g) A noncompliant high-risk sex offender who violates any of the registry requirements under this section shall be imprisoned for life; however, the person may be placed on probation, parole, or furlough, provided the person is subject to electronic monitoring using a global positioning system.
The Vermont General Assembly
115 State Street