Microsoft Word updated master Sex Offender Registration Publication 21. 14
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- Bu səhifədəki naviqasiya:
- 2. How can I learn if an offender has moved into my neighborhood
- 15. Whom should I contact with concerns about my registration status
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Part 3: Sexually Violent Predator Registration Program. § 14-208.20 -- Sexually violent predator determination; notice of intent; presentence investigation. § 14-208.2 1 --Lifetime registration procedure; application of Part 2 of this Article. § 14-208.22 -- Additional registration information required. § 14-208.23 -- Length of registration. § 14-208.24 -- Verification of registration information. Part 4: Registration of Certain Juveniles Adjudicated for Committing Certain Offenses. § 14-208.26-- Registration of certain juveniles adjudicated delinquent for committing certain offenses. § 14-208.27 --Change of address. § 14-208.28 -- Verification of registration i nformation. § 14-208.29 -- Registration information is not public record; access to registration information available only to law enforcement agencies and local boards of education, § 14-208.30 --Termination of registration requirement. § 14-208.31 -- File with Police Information Network. § 14-208.32 -- Application of Part.
Part 5: Sex Offender Monitoring. § 14-208.40 -- Establishment of program; creation of guidelines; duties. § 14-208.40A --Determination of satellite-based monitoring requirement by court. § 14-208.40B--Determination of satellite-based monitoring requirement in certain circumstances. § 14-208.40C --Requirements of enrollment. §14-208.41--Enrollment in satellite-based monitoring programs mandatory; length of enrollment. § 14-208.42 -- Offenders required to submit to satellite-based monitoring required to cooperate with Division of Adult Correction upon completion of sentence. § 14-208.43 -- Requirement for termination of satellite-based monitoring requirement. § 14-208.44 -- Failure to enroll; tampering with device. § 14-208.45 --Fees.
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Forms Published by the Administrative Office of the Courts (available for download at http://www.nccourts.org/Form5/FOrmSearch.a5P)
Form AOC-A-210: Criminal And Sex Offender Record Search Form AOC-CR-26 1: Notification Of Requirement To Register As Sex Offender Or As Person Who Committed Certain Offenses Against Minor/Sexually Violent Predator (When Defendant Does Not Receive Active Term Of Imprisonment)
Form AOC-CR-615: Judicial Findings And Order For Sex Offenders - Active Punishment (Side1)/Judicial Findings And Order For Sex Offenders - Suspended Sentence (Side 2)
Form AOC-CR-616: Judicial Findings And Order As To Satellite-Based Monitoring When There Has Been No Prior Determination
Form AOC-CR-620: Convicted Sex Offender Permanent No Contact Order (For Offenses Committed On Or After Dec. 1, 2009)
Form AOC-CR-63 1: Conditions Of Release For Person Charged With Sex Offense Or Crime Of Violence Against Child Victim
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1. What are some of the limitations of the Registry? The North Carolina Sex Offender and Public Protection Registration Programs are important in promoting public safety. The public registry provides information pertaining to known offenders whose offenses require registration under North Carolina law. The registry does not include information on those individuals whose sexually violent behavior has not come to the attention of authorities. To be included on the registry, the offender must have been convicted of a reportable offense. Whether an offense is reportable is determined by statute. There are persons whose offenses are not reportable and are not included on the registry. For example, because of certain North Carolina General Statute provisions, juvenile offenders adjudicated delinquent are not included in the registry. Additionally, an offender who was convicted before the applicable effective date (See Appendix 1) may not appear on the registry. Registration is also not permanent in all cases.
Positive identification of a person you believe to be a registered offender can only be made by a fingerprint comparison between that person and the person in the state registry. Other information such as name, date of birth, and other information are not necessarily unique to one individual.
The State Bureau of Investigation and county sheriffs make every effort to ensure Registry information is accurate and current. Although the database is updated regularly, information can change quickly. If you have reason to believe that information on the Registry is inaccurate or incomplete, immediately contact the sheriff of the county where the offender last registered.
You can search the public website or contact your county sheriff You can also sign up at http://www.ncfindoffender.gov/ to receive email notification when an offender registers to an address in your neighborhood, and you can also download the free NC Sex Offender Registry mobile application (currently available for iPhone®, iPad® and iPod touch®) to search for offenders by GPS location or street address from wherever you are. By registering with NC SAVAN (N.C. Statewide Automated Victim Assistance Notification) a person can request that they receive telephone notifications when an offender moves into their area. This service is available free of charge to any interested person. If a person wishes to receive these telephone alert notifications, they should call (877) 627-2826.
Unless a specific restriction or condition of probation/parole applies, there is no law against a registered offender living among the general public. The public registry is an important tool for raising public awareness of certain convicted offenders and allow members of the public
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to take proactive measures to ensure their safety. However, be aware that use and/or misuse of this information by individuals, groups or entities to commit criminal acts (to include, but not limited to, threats, intimidation, stalking, harassment) against other persons is subject to criminal prosecution.
Can a registered offender live in a household where there are children? There is no specific restriction against a registered offender living in a household where children also reside, whether or not there is a biological relationship between them. However, an offender must comply with all other restrictions imposed by statute. These are described in Chapter 3. Additionally, the living circumstances of minors are subject to regulation by the Department of Social Services pursuant to Chapter 7B of the North Carolina General Statutes. Also, an offender on probation may be subject to court-imposed conditions that the offender not reside with children.
There is no specific restriction against a registered offender living in a neighborhood in which children reside. Offenders are subject to the residency restrictions in G.S. § 14-208.16, and other statutes regulate certain activities by offenders such as baby sitting. These restrictions are discussed in Chapter 3.
What should I do if I suspect a person is not on the registry but should be, is not living at the address listed on the Registry, or is otherwise not complying with the registration laws? Contact the appropriate county or city law enforcement agency to report this information for further investigation. By statute, a probation officer, parole officer, or other law enforcement officer who is aware of a violation of G.S. § 14-208.11(a) must immediately arrest the offender or seek a warrant for the offender’s arrest.
I know of a person who is serving a prison sentence for a sex offense. Why is this person not on the registry?
Generally, an offender is not required to register or to maintain registration while he or she is incarcerated in a penal institution.
Can registered offenders attend religious services? There is no specific restriction against a registered offender attending religious services. However, certain offenders subject to the Registration Programs are restricted from being in or
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near certain places intended primarily for the use of minors or where minors gather for regularly scheduled educational, recreational, or social programs. See Chapter 3 for a description of these restrictions under G.S. § 14-208.18. Registered offenders should discuss these restrictions with their respective religious institutions to determine whether accommodations can be made to allow for worship in a manner that does not violate G.S. § 14-208.18.
There is no specific restriction against a registered offender enrolling at or attending courses at a community college. However, if there is a place at the community college intended primarily for the use of minors or where minors gather for regularly scheduled educational, recreational, or social programs, the restrictions in G. S. § 14-208.18 may apply. See Chapter 3 for a description of these restrictions. The same analysis would apply for other colleges and universities. Additionally, any registered offender must timely report enrollment or termination of enrollment in an institution of higher education, to include a community college, to the appropriate sheriff. See Chapter 1 and Appendix 2.
Can I do anything to keep a registered offender from being removed from the registry? If a registered offender petitions for termination of his or her registration requirements under G.S. § 14-208.l2A, the district attorney is allowed to present evidence in opposition to the petition. Crime victims or other interested parties should contact the district attorney to share their concerns.
Does moving out of North Carolina change my requirement to maintain registration? No. Once registered, a person is required to maintain registration as provided by statute until the registration period expires, is terminated, or is discontinued. See Chapter
for more information.
Does my time on another state’s registry count toward the time period for registration in North Carolina? No. The registration period in North Carolina begins when a person completes the initial county registration process with a sheriff in this State. No credit is given for time registered elsewhere. See Chapters 1 and 5 for more information.
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The Court of Appeals of North Carolina has stated that every offender “does, at all times, have an ‘address’ of some sort, even if it is a homeless shelter, a location under a bridge or some similar place.” State v. Worley, 198 N.C. App. 329, 337-38, 679 S.E.2d 857, 863-64 (2009). Every offender must register an address and this address should appear on the registry.
An offender’s mere presence at a location does not establish a residence, but a residence is established when certain “activities of life” occur at the particular location. State v. Abshire, 363 N.C. 322, 332, 677 S.E.2d 444, 451 (2009). Activities of life “possibly indicative of a person’s place of residence are numerous and diverse, and there are a multitude of facts a jury might look to when answering whether a sex offender has changed his or her address.” State v. Abshire, 363 N.C. 322, 332, 677 S.E.2d 444,451(2009). In State v. Abshire, the Supreme Court of North Carolina found that “[t]he jury could have reasonably inferred that defendant’s spending the night at her father’s house for this amount of time, or for even a shorter duration, indicated that defendant carried out the core necessities of daily living at Gragg Price Lane and that she had made her father’s residence her own for that period of time.” 363 N.C. 322, 333, 677 S.E.2d 444,452 (2009). Thus, one must consider what “activities of life” occur at a location in order to determine whether that location is a person’s residence.
It is recommended that persons uncertain of their registration requirement contact the sheriff’s office for their county of residence (or where they intend to reside) to help make this determination. Persons are also encouraged to seek the advice of a private attorney if they so choose.
Whom should I contact with concerns about my registration status?
It is recommended that persons with concerns about their registration status first contact the sheriff’s office where they are registered to address these concerns. Persons are also encouraged to seek the advice of a private attorney if they so choose.
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