9
Chapter 1: Registration Requirements for Adults and Certain Juveniles Under Article 27A, Part 2 and Part 3
table in Appendix 2 describes these duties in
more detail and provides the
applicable deadlines for offenders to comply.
Prompt or Immediate Reporting of Registry Information by the Sheriff to the State
Generally, any registry information collected by the sheriff is required to be reported
immediately to the State Division of Criminal Information.
Length of Registration
According to G.S. § 14-208.7, registration under Part 2 shall be maintained for a period
of at least 30 years following the date of initial county registration, unless the person successfully
petitions to shorten this time period. Such petitions may be filed in superior court 10 years after
initial county registration in North Carolina. This procedure is discussed in Chapter 5.
Part 3 offenders must maintain registration for life pursuant to G.S. § 14-208.23.
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CHAPTER 2
REGISTRATION REQUIREMENTS FOR CERTAIN JUVENILE DELINQUENT
OFFENDERS UNDER ARTICLE 27A, PART 4
This chapter contains a description of the Part 4 Registration Program. Issues addressed
include who must register under these programs, the timing and process for maintaining
registration, and the duration of the registration requirement.
Which Juveniles are Subject to Register Under Part 4?
A juvenile adjudicated delinquent for any of the following offenses may be ordered by
the court to register under Part 4 of Article 27A, so long as the juvenile was at least eleven years
old at the time of the offense:
•
G.S. § 14-27.2
--
First degree rape
•
G.S. § 14-27.3
--
Second degree rape
•
G.S. § 14-27.4 -First degree sexual offense
•
G.S. § 14-27.5
--
Second degree sexual offense
•
G.S. § 14-27.6
--
Attempted rape or sexual offense
This includes the commission of such an offense; an attempt, conspiracy, or
solicitation
of another to commit such an offense; or aiding and abetting such an offense. Before deciding
whether the delinquent juvenile must register, the judge who is presiding over the dispositional
hearing must first make a finding that the juvenile is a danger to the community.
Part 4 Registration Requirements
Initial Registration: If a delinquent juvenile is required to register under Part 4, the chief
court counselor of that district shall file registration information with the appropriate sheriff.
Change of Address: Within three (3) business days after a registered juvenile changes
address, the juvenile court counselor for the juvenile shall provide written notice of the change to
the sheriff of the county where the juvenile was last registered.
Semiannual Verification: Every year on the anniversary of the juvenile’s registration date
and six months after that date, the sheriff shall mail a verification form to the assigned juvenile
court counselor, who shall return the form within three (3) business days. The form shall be
signed by the juvenile court counselor and the juvenile and shall indicate whether the juvenile
still resides at the address last reported to the sheriff. Any new address shall be indicated on the
form.
Automatic Termination of Registration Under Part 4
The registration requirement of Part 4 terminates automatically upon the juvenile’s
eighteenth birthday or when the jurisdiction of the juvenile court over the juvenile ends,
whichever occurs first.
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CHAPTER 3
RESTRICTIONS ON OFFENDERS AND DUTIES OF THE GENERAL PUBLIC
ASSOCIATED WITH THE REGISTRATION PROGRAMS
This chapter contains a description of the restrictions which are placed on offenders
required to register under Article 27A, as well as a description of related activities of the general
public which are prohibited by law. See Appendix 3 for a summary of criminal penalties
associated with the Registration Programs.
Restricted Activities of Offenders
The State of North Carolina places several restrictions on the activities of offenders
required to register under Article 27A. These are detailed below. Offenders should also seek
information regarding any local ordinances which might restrict their activities, such as a
prohibition against entering public parks, for example.
Residency Restrictions (G.S. § 14-208.16)
Any offender required to register under Article 27A
is prohibited from knowingly
residing within 1,000 feet of the property on which any public or nonpublic school or child care
center is located.
The term “school” in this section does not include home schools (defined in G.S. § 11
5C-563) or institutions of higher education, such as colleges or universities. The term “child care
center” has the same definition as “child care facility” in G.S. § 110-86(3) and therefore the list
of exclusions in G.S. § 110-86(2) are not included in the definition of “child care center.”
However, for purposes of sex offender registration, the term “child care center” does include the
permanent locations of organized clubs of Boys and Girls Clubs of America.
For purposes of N.C.G.S.
§
14-208.16, the definition of “child care center” is the same as
the definition of “child care facility” under N.C.G.S.
§
110-86:
§
110-86. Definitions.
…
(2) Child
care-
A program or arrangement where three or more children less than 13
years old, who do not reside where the care is provided, receive care on a regular
basis of at least once per week for more than four hours but less than 24 hours per
day from persons other than their guardians or full-time custodians, or from
persons not related to them by birth, marriage, or adoption. Child care does not
include the following:
a.
Arrangements operated in the home of any child receiving care if all of
the children in care are related to each other and no more than two
additional children are in care;
b.
Recreational programs operated for less than four consecutive months in a
year;
c.
Specialized activities or instruction such as athletics, dance, art, music