GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	2 

SENATE BILL 1398*
Judiciary I Committee Substitute Adopted 7/1/94

Short Title:  Sex Offender Registration/Funds.	(Public)
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Sponsors:
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Referred to:  Appropriation.
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May 25, 1994

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THE REGISTRATION OF PERSONS CONVICTED OF CERTAIN CRIMINAL SEXUAL OFFENSES AND TO APPROPRIATE FUNDS TO IMPLEMENT THIS ACT.
The General Assembly of North Carolina enacts:
Section 1.  Subchapter VII of Chapter 14 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 27A.
"Sexual Offender Registration Program.
"§ 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.  Further, the General Assembly recognizes that local law enforcement officers' efforts to protect their communities, conduct investigations, and quickly apprehend offenders who commit sex offenses are impaired by the lack of information available to law enforcement agencies about convicted sex offenders who live within the agency's jurisdiction. Release of information about sex offenders to law enforcement agencies, and under limited circumstances to authorized employers or organizations 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 local law enforcement agencies' efforts to protect their communities by requiring certain sex offenders to register with local law enforcement agencies, and to require the exchange of relevant information about sex offenders among law enforcement agencies, and to authorize the access to necessary and relevant information about sex offenders to authorized employers and organizations as provided in this Article.
"§ 14-208.6.  Definitions.
The following definitions apply in this Article:
(1)	'Division' means the Division of Criminal Statistics of the Department of Justice.
(2)	'Penal institution' means a detention facility operated under the jurisdiction of the Division of Prisons of the Department of Correction, or a county jail.
(3)	'Released' means discharged, paroled, or placed on probation.
(4)	'Reportable conviction' means:
a.	A final conviction for 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); or
b.	A final conviction in another state of an offense, which if committed in this State, would have been a sex offense as defined by the sections of the General Statutes set forth in paragraph a. of this subdivision.
	(5)	'Sheriff' means the sheriff of a county in this State.
"§ 14-208.7.  Registration.
	(a)	A person who has a reportable conviction pursuant to G.S. 14-208.6, who has been ordered to register as a sex offender pursuant to the procedure set out in G.S. 14-208.8, shall be required to maintain registration with the sheriff of the county where the person resides for the period determined by the Court.  Persons who have been ordered to register pursuant to G.S.14-208.8 shall register:
(1)	Immediately upon entry of the order of the Court determining that the person shall register; or
(2)	Within 10 days of release from a penal institution.
(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, social security number, 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)	The sheriff shall photograph and take fingerprints from the individual at the time of the registration both of which will be kept as part of the registration form.  The registrant will not be required to pay any fee for the photograph or fingerprints taken at the time of registration.
(c)	Not later than the third day after a person registers, the sheriff with whom the person registered shall 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.
"§ 14-208.8.  Procedure for requiring registration.
(a)	When a person has been convicted of a reportable conviction as defined by G.S. 14-208.7(4)a., the Court will conduct a hearing at the time of sentencing to determine whether or not that person shall be required to register as a sex offender and if so, for what period of time that person will be required to register.  At such hearing the State and the defendant will have the opportunity to present evidence and arguments as to whether or not the person should be required to register and if so, for what period of time.
(b)	When it comes to the attention of the District Attorney for a judicial district of North Carolina that a person from out-of-state has moved into that judicial district who has a reportable conviction from another state, the District Attorney shall make a motion in the superior court of that judicial district that a hearing be held to determine whether or not that person should be required to register and if so, for what period of time. Such motion shall state the offense of which the person has been convicted, the date of the conviction, the jurisdiction from which the conviction originates, and to what reportable conviction in G.S. 14-208.6(4)a. it is comparable.  If the Court finds that the offense is comparable to a reportable conviction enumerated in G.S. 14-208.6(4)a., and that the person was released from a penal institution or convicted on or after March 1, 1995, the Court shall set a date for a hearing to determine whether or not the person shall be required to register as a sex offender in North Carolina and if so, for what time period.  The Court shall direct the District Attorney to serve notice of the hearing no later than 10 days prior to the hearing date on the person who is the subject of the hearing, informing the person of the date, time, and place of the hearing, and of the right to be present, present evidence, and be heard.
(c)	In determining whether or not a person shall be required to register, the Court shall consider the following:
(1)	The nature of the offense.
(2)	The age and condition of the victim.
(3)	Any violence involved in the commission of the offense if such violence did not constitute evidence necessary to prove an element of the offense.
(4)	Whether the defendant has entered and is currently involved in a treatment program.
(5)	Whether the defendant has a good treatment prognosis, and a workable treatment plan is available.
(6)	The relationship of the defendant to the victim, if any, and whether that relationship had any likely bearing on the offense being committed.
(7)	The lack of any prior sexual offenses by the defendant, or history of prior offenses of a sexual nature.
(8)	The age of the defendant.
(9)	Any other factors reasonably related to the purpose of the sex offender registration program.
(d)	If the Court determines that a person shall be required to register as a sex offender, the Court shall then determine the duration of the time period that the person shall be required to register consistent with what is reasonably necessary to accomplish the purpose of the sex offender registration program.  The Court shall consider the factors enumerated in G.S. 14-208.8(c) in making this determination.
	(e)  The Court shall make findings of fact and conclusions of law in support of its determination that a person shall be required to register and in support of the time period that the person shall be required to register.  These findings shall become a part of the judgement in the case.
"§ 14-208.9.  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, the administrative head of the penal institution, or his or her designee, 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.
"§ 14-208.10.  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 was last registered.  Not later than the third day after receipt of the notice, the sheriff shall 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 residence.
"§ 14-208.11.  Access to registration information.
(a)	The information required for registration under this Article is not a matter of public record except for use by a law enforcement officer or agency.
(b)	Entities set forth in G.S. 114-19.2 and G.S. 114-19.3, and any employers or volunteer groups who are hiring or accepting persons as volunteers who will be working with minors, the elderly, or incapacitated persons are authorized to obtain information as to the existence or nonexistence of a person's status as a registrant by requesting the person seeking the job or volunteer position sign a release of information form which will be provided by the Division.  The release of information form will require the person to give name, address, date of birth, social security number, and drivers license number.  The employer or organization requesting the information will then mail the release to the Division, along with information identifying the employer or organization making the request which shall include the name of the employer or organization making the request, the nature of the employment the person is seeking, and the purpose for which the request is being made.
(c)	The Division shall respond to requests for release of information under this section by providing the requesting employer or organization with a certified letter or facsimile stating that the person is not registered or that the person is a registered sex offender.  The certified letter or facsimile from the Division shall state any offenses in the registry of which the individual has been convicted, the date of the conviction(s) and the sentence received therefore. The registration information which is provided will further state that the inquiry is a search based on name only and that other persons may exist who have the same name, that the information includes data relating to persons released from prison or convicted on or after March 1, 1995, and that the employer or organization should not rely solely on this information in making any decision.
(d)	When an authorized organization or employer has requested that information be provided by the Division regarding the person's status as a registered sex offender, upon its receipt by the employer or organization, this information shall be kept confidential and shall not be redisseminated.  Redissemination of registration information shall give rise to a civil cause of action.
"§ 14-208.12.  Failure to register.
A person required by this Article to register who fails to register shall be guilty of a Class 3 misdemeanor for a first offense in violation of this Article.  A second or subsequent violation of this Article shall be a Class I felony.
"§ 14-208.13.  Exemption.
A person who has a reportable conviction may petition the superior court in the county where the person resides or intends to reside for an exemption from this Article.  The person shall serve a copy of the petition on the district attorney.  If the person shows for good cause, by clear and convincing evidence, that continued registration will not serve the purposes of this Article, the court shall grant the exemption.
When a registered person presents the sheriff with a certified copy of the Court Order showing that an exemption has been granted, the sheriff shall remove any information from his records that was obtained pursuant to this Article.   The sheriff shall then notify the Division of the exemption by sending a copy of the exemption to the Division within three days and the Division shall remove any information from its files obtained pursuant to this Article.  The Division shall notify the registered person of the exemption by letter telling the registrant that exemption has been accomplished.
"§ 14-208.14.  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."
Sec. 2.  G.S. 114-10 reads as rewritten:
"§ 114-10.  Division of Criminal Statistics.
The Attorney General shall set up in the Department of Justice a division to be designated as the Division of Criminal Statistics.  There shall be assigned to this Division by the Attorney General duties as follows:
(1)	To collect and correlate information in criminal law administration, including crimes committed, arrests made, dispositions on preliminary hearings, prosecutions, convictions, acquittals, punishment, appeals, together with the age, race, and sex of the offender, and such other information concerning crime and criminals as may appear significant or helpful.  To correlate such information with the operations of agencies and institutions charged with the supervision of offenders on probation, in penal and correctional institutions, on parole and pardon, so as to show the volume, variety and tendencies of crime and criminals and the workings of successive links in the machinery set up for the administration of the criminal law in connection with the arrests, trial, punishment, probation, prison parole and pardon of all criminals in North Carolina.
(2)	To collect, correlate, and maintain access to information that will assist in the performance of duties required in the administration of criminal justice throughout the State.  This information may include, but is not limited to, motor vehicle registration, drivers' licenses, wanted and missing persons, stolen property, warrants, stolen vehicles, firearms registration, sexual offender registration as provided under Article 27A of Chapter 14, drugs, drug users and parole and probation histories. In performing this function, the Division may arrange to use information available in other agencies and units of State, local and federal government, but shall provide security measures to insure that such information shall be made available only to those whose duties, relating to the administration of justice, require such information.
(3)	To make scientific study, analysis and comparison from the information so collected and correlated with similar information gathered by federal agencies, and to provide the Governor and the General Assembly with the information so collected biennially, or more often if required by the Governor.
(4)	To perform all the duties heretofore imposed by law upon the Attorney General with respect to criminal statistics.
(5)	To perform such other duties as may be from time to time prescribed by the Attorney General.
(6)	To promulgate rules and regulations for the administration of this Article."
Sec. 3.  There is appropriated from the General Fund to the Department of Justice for the 1994-95 fiscal year the sum of thirty-two thousand eight hundred ten dollars ($32,810) to implement the provisions of this act.
Sec. 4.  This act becomes effective March 1, 1995. This act applies to all persons convicted on, or after March 1, 1995, and to all persons released from a penal institution on or after March 1, 1995.