GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	3 

SENATE BILL 53
Judiciary II/Election Laws Committee Substitute Adopted 4/12/95
Third Edition Engrossed 7/19/95

Short Title:  Sex Offender Registration	(Public)

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Sponsors:

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Referred to: 

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January 26, 1995

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THE REGISTRATION OF PERSONS CONVICTED OF CERTAIN CRIMINAL SEXUAL OFFENSES.
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.  The General Assembly recognizes that the efforts of both citizens and local law enforcement officers to protect their communities are often futile because of a lack of information.  Further, the General Assembly recognizes that the ability of local law enforcement officers to conduct investigations and quickly apprehend offenders who commit sex offenses is impaired by the lack of information available to law enforcement agencies about convicted sex offenders who live within the agency's jurisdiction.
Persons found to have committed a sex offense have a reduced expectation of privacy because of the public's interest in public safety and in the effective operation of government.  The release of information about sex offenders that is of public record to citizens and the release of other relevant information about sex offenders to law enforcement agencies 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 citizens and local law enforcement agencies in their efforts to protect their communities by requiring sex offenders to register with local law enforcement agencies, to require the exchange of relevant information about sex offenders among law enforcement agencies, and to clarify what registration information is public record and may be released as provided in this Article.
"§ 14-208.6.  Definitions.
The following definitions apply in this Article:
(1)	Division. – The Division of Criminal Statistics of the Department of Justice.
(2)	Penal institution. – A detention facility operated under the jurisdiction of the Division of Prisons of the Department of Correction, or a county jail.
(3)	Released. – Discharged, paroled, or placed on probation.
(4)	Reportable conviction. – The term includes the following:
a.	A conviction of 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), 14-179 (incest between uncle and niece, nephew and aunt), 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).
b.	The second conviction for a violation of G.S. 14-190.9 (indecent exposure).
c.	A 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 paragraphs a. and b. of this subdivision.
"§ 14-208.7.  Registration; availability of registered information.
(a)	A person who has a reportable conviction shall register with the sheriff of the county where the person resides or intends to reside for more than 10 days.  If the person moves to North Carolina from outside this State, the person shall register within 10 days of establishing residence in this State, and a determination as to the potential risk of the person committing a repeated offense shall be made in accordance with G.S. 14-208.9.  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.
(b)	The Division shall provide each sheriff with forms for registering persons as required by this Article.  The registration form shall require all of the following:
(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 person's classification with regard to the potential risk of a repeated offense, as determined by the court or the Post-Release Supervision and Parole Commission pursuant to G.S. 15A-1334(f).
(4)	A current photograph.
(5)	Any other information required by the Division, including fingerprints or other corroborative information.
(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 copies of the original registration form and other information collected, and shall maintain a registry consisting of information provided under subdivisions (b)(1), (2) and (3) of this section.  The registration information and the corresponding registry is a public record and shall be available for public inspection.    The sheriff shall upon request, display any photograph provided in compliance with subdivision (b)(3) of this section; however, the sheriff is not required to provide or to allow a copy to be made of the photograph.
	(d)	Any person may obtain a copy of an individual's registration form upon payment to the sheriff of a reasonable fee for the costs of duplicating the form.
(e)	The sheriff of each county is authorized, upon written request, to provide a copy of the entire registry to any group, entity, organization, corporation, or school that utilizes volunteers or employees in working with, caring for, supervising or protecting children or disabled or elderly persons.  The sheriff may charge a reasonable fee for duplicating costs and for mailing costs when appropriate.
"§ 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 do all of the following:
(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.
(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 receives probation, suspended sentence, or only a fine, the court pronouncing sentence shall direct the Division of Adult Probation and Parole to conduct the prerelease notification specified in subsection (a) of this section on the day of sentencing.
"§ 14-208.9.  Procedure to determine degree of risk of a repeated offense by a convicted sex offender who moves into the State or for whom the degree of risk of a repeated offense was not determined prior to registration.
(a)	When a person who moves to North Carolina from out-of-state registers in accordance with this Article or when any other person registers in accordance with this Article but no determination was made by either the court or the Post-Release Supervision and Parole Commission regarding the degree of risk of a repeated offense, the sheriff, within 10 days of the registration, shall notify the district attorney for the judicial district of the registration.  The district attorney shall file a motion in the superior court of that judicial district that a hearing be held to determine the degree of risk of a repeated offense by the person. The 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.
(b)	The court shall set a date for a hearing to determine the risk that the person may commit another sex offense.  The procedure and relevant factors to be considered shall be the same as those provided in G.S. 15A-1334.
(c)	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.
"§ 14-208.10.  Change of address.
(a)	If a person required to register changes address, the person shall provide written notice immediately after the change to the sheriff of the county with whom the person had 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.
(b)	Each person required to register pursuant to this statute shall, on each anniversary of the person's initial registration date during the period in which the person is required to register, return to the sheriff's department in the county in which he resides an address verification form prepared and mailed to them by the sheriff's department.  This form shall be signed and returned to the sheriff's department within 10 days of its receipt by the person required to register under this statute.
"§ 14-208.11.  Failure to register or falsification of registration information; penalties; mitigating factor.
(a)	Any person who fails to register pursuant to this Article or any person who submits a registration form containing false information commits the offense of failure to register as a sex offender.  Proof of the conviction requiring registration and absence of a record of registration shall be prima facie evidence of a violation of this section.  Any person who is charged with an offense under this section shall be notified at the time of arrest that registration within 72 hours shall be a mitigating factor to a charge of failure to register.
(b)	A person who is convicted of an offense under this section:
(1)	Is guilty of a Class 1 misdemeanor if the offense is a first violation of this section, and the offense for which the person was required to register is a misdemeanor offense.  However, notwithstanding G.S. 15A-1340.23, a person sentenced under this subdivision may be sentenced to an active term of imprisonment not to exceed six months.
(2)	Is guilty of a Class I felony if:  (i) the offense is a second or subsequent violation of subdivision (1) of this subsection; or (ii) the offense is a first violation of this section, and the offense for which the person was required to register is a felony offense.  However, notwithstanding G.S. 15A-1340.17, a person sentenced under this subdivision may be sentenced to an active term of imprisonment not to exceed 12 months.
(3)	Is guilty of a Class H felony if the offense is a second or subsequent offense of subdivision (2) of this subsection.  However, notwithstanding G.S. 15A-1340.17, a person sentenced under this subdivision may be sentenced to an active term of imprisonment not to exceed 24 months.
(c)	The court shall consider as a mitigating factor to any charge of failure to register that the person arrested produced in court or submitted to the prosecuting attorney a sworn affidavit from the sheriff of the appropriate county that within 72 hours after the arrest the person registered in accordance with the requirements of this Article.  If the court finds that the mitigating factor is present, the court may depart from the range of sentences provided in G.S. 15A-1340.23 or G.S. 15A-1340.17 and may impose a maximum active sentence of 30 days.
"§ 14-208.12.  File with Police Information Network.
The Division shall include the registration information in the Police Information Network as set forth in G.S. 114-10.1.
"§ 14-208.13.  Discontinuance of registration requirement; procedure.
(a)	A person may petition the court for an order to discontinue the requirement for registration as follows:
(1)	If the court or the Post-Release Supervision and Parole Commission determined pursuant to G.S. 15A-1334(f) that the risk of a person repeating a sex offense is low and there are no repeated offenses, then after a period of five years from the date of the person's final release from the jurisdiction of the court for the offense, the person may petition the court to discontinue the registration requirement.
(2) 	If the court or the Post-Release Supervision and Parole Commission determined pursuant to G.S. 15A-1334(f) that the risk of a person repeating a sex offense is moderate and there are no repeated offenses, then after a period of 10 years from the date of the person's final release from the jurisdiction of the court for the offense, the person may petition the court to discontinue the registration requirement.
(3)	If the court or the Post-Release Supervision and Parole Commission determined pursuant to G.S. 15A-1334(f) that the risk of a person repeating a sex offense is high and there are no repeated offenses, then after a period of 25 years from the date of the person's final release from the jurisdiction of the court for the offense, the person may petition the court to discontinue the registration requirement.
(b)	The petitioner shall bear the burden to prove by a preponderance of the evidence that the petitioner no longer poses a substantial risk of committing an unlawful sexual act and that there is no reasonable probability that the petitioner will repeat the prior unlawful act."
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 for the administration of this Article."
Sec. 3.  G.S. 15A-1334 is amended by adding a new subsection to read:
"( f)	Determination of Degree of Risk of a Repeated Offense by Convicted Sex Offender. – The court shall, in cases where a defendant is convicted of an offense which requires registration pursuant to the provisions of G.S. 14-208.7 and is given a sentence that does not exceed three years active imprisonment, make findings of fact to determine the degree of risk of a repeated offense by the defendant upon release from custody.  Relevant factors to be considered shall include, but not be limited to:
(1)	Conditions of release that minimize risk of a repeated offense, including, but not limited to, whether the offender is under supervision of probation or parole; receiving counseling, therapy, or treatment; or residing in a home situation that provides guidance and supervision;
(2)	Physical conditions that minimize risk of a repeated offense, including, but not limited to, advanced age or debilitating illness;
(3)	Criminal history factors indicative of high risk of a repeated offense, including:
a.	Whether the offender's conduct was found to be characterized by repetitive and compulsive behavior;
b.	Whether the offender served the maximum term; and
c.	Whether the offender committed the sex offense against a child;
(4)	Other criminal history factors to be considered in determining risk, including:
a.	The relationship between the offender and the victim;
b.	Whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury; and
c.	The number, date, and nature of prior offenses;
(5)	Whether psychological or psychiatric profiles indicate a risk of recidivism;
(6)	The offender's response to treatment;
(7)	Recent behavior, including behavior while confined or while under supervision in the community, as well as behavior in the community following service of sentence; and
(8)	Recent threats against persons or expressions of intent to commit additional crimes.
The court shall classify the risk of a repeated offense as low, moderate, or high.  If an active term of imprisonment is not imposed, the court shall notify the sheriff of the county where the defendant intends to reside of the defendant's classification with regard to the potential risk of a repeated offense."
Sec. 4.  G.S. 15A-1368.2 is amended by adding a new subsection to read:
"( e1)	If a prisoner is a sex offender who was sentenced to active time for a period of three or more years and the crime for which the prisoner was convicted requires registration under G.S. 14-208.7, the Commission shall make findings of fact to determine the degree of risk of a repeated offense by the prisoner upon release from custody.  Relevant factors to be considered shall include those listed in G.S. 15A-1334(f).  The Commission shall classify the risk of a repeated offense as low, moderate, or high.  The Commission shall notify the sheriff of the county where the prisoner intends to reside of the prisoner's release and the prisoner's classification with regard to the potential risk of a repeated offense."
Sec. 5.  G.S. 15A-1371 is amended by adding a new subsection to read:
"( k)	Before releasing on parole a prisoner who was sentenced to active time for a period of three or more years for a crime that requires registration under G.S. 14-208.7, the Post-Release Supervision and Parole Commission shall make findings of fact to determine the degree of risk of a repeated offense by the prisoner upon release from custody.  Relevant factors to be considered shall include those listed in G.S. 15A-1334(f).  The Commission shall classify the risk of a repeated offense as low, moderate, or high.  The Commission shall notify the sheriff of the county where the prisoner intends to reside of the prisoner's release and the prisoner's classification with regard to the potential risk of a repeated offense."
Sec. 6.  This act is effective upon ratification, except that registration referred to under Section 1 of this act becomes effective January 1, 1996.  This act applies to all persons convicted before, on, or after ratification.  This act shall be known as the "Amy Jackson Law".