Sex offender registry-process.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0309.E1

SENATE FILE
NO.
SF0135

Sex offender registry-process.

Sponsored by:
Senator(s) Burns and Massie and Representative(s) Hinckley and Warren

A BILL

for

AN ACT relating to the sex offender registry; requiring sex offenders to undergo a psychological evaluation as specified; conforming provisions; providing an appropriation; authorizing positions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 7
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402 by creating a new subsection (j), 7
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302 by creating a new subsection (j), 7
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303(c)(intro) and (d)(intro) and 7
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307 by creating a new subsection (e) are amended to read:

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402.

General powers and duties of board; eligibility for parole; immunity.

(j)

The board shall implement a program to perform psychological evaluations of sex offenders as required under W.S. 7
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302(j). The board may contract with
licensed professionals or entities qualified to conduct psychological evaluations necessary to assess the risk level of offenders for purposes of sex offender registration under W.S. 7
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301 et seq. The board shall provide a copy of the report to the offender, the district attorney and the district court as specified in W.S. 7
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303(c).

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302.

Registration of offenders; procedure; verification.

(j)

Offenders in the custody of the department, local jail or a public or private agency, pursuant to a court order as a result of an offense subjecting them to registration shall undergo a psychological evaluation conducted by the state board of parole prior to release. Offenders convicted of an offense subjecting them to registration who are not in the custody of the department, local jail or a public or private agency as a result of that conviction shall undergo a psychological evaluation conducted by the state board of parole prior to the hearing required under W.S. 7
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303(c).
Offenders required to undergo psychological evaluations pursuant to this subsection shall execute any required releases of juvenile, criminal, medical and mental health records as necessary for completion of the psychological evaluations. Criminal justice agencies and medical and mental health service providers within the state shall provide records pursuant to such releases upon the request of persons conducting such psychological evaluations unless release of such records is otherwise prohibited by law.
The board of parole shall contract with licensed professionals or entities qualified to conduct psychological evaluations necessary to assess the risk level of offenders. As part of the psychological evaluation and assessment, the person conducting the psychological evaluation and assessment shall consider and report to the board of parole:

(i)

Conditions of release that minimize risk of reoffense, including 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;

(ii)

Physical conditions that minimize the risk of reoffense, including advanced age or debilitating illness;

(iii)

Criminal history factors indicative of high risk of reoffense, 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 under the court order;

(C)

Whether the offender committed the sexual offense against a child;

(D)

Whether psychological, substance abuse or psychiatric profiles indicate a risk of recidivism;

(E)

The offender's response to treatment;

(F)

Recent behavior, including behavior while confined or while under supervision in the community as well as behavior in the community following service of sentence;

(G)

Recent threats against persons or expressions of intent to commit additional crimes; and

(H)

Other criminal history factors, including:

(I)

The relationship between the offender and the victim;

(II)

Whether the offense involved the use of a weapon, violence or infliction of serious bodily harm;

(III)

The number, date and nature of prior offenses.

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303.

Offenders central registry; dissemination of information.

(c)

The division shall provide notification of registration under this act, including all registration information, to the district attorney of the county where the registered offender is residing at the time of registration or to which the offender moves. Upon receipt of notification, the district attorney shall
request the board of parole to provide a psychological evaluation if one (1) has not previously been performed pursuant to W.S. 7
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302(j) and shall
file an application for hearing under this subsection if the offender is an aggravated sex offender or a recidivist. For other offenders registered under this act, the district attorney shall
request the board of parole to provide a psychological evaluation if one (1) has not previously been performed pursuant to W.S. 7
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302(j) and shall
file an application for hearing under this section if, based upon a review of the risk of reoffense factors specified in W.S.
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303(d)
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302(j)
, it appears that public protection requires notification be provided to persons in addition to those authorized to receive criminal history record information under W.S. 7
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106. Upon application of the district attorney, and following notice to the offender and an in-camera hearing, the district court shall, based upon its finding as to the risk of reoffense by the offender, authorize the county sheriff, police chief or their designee to release information regarding an offender who has been convicted of an offense that requires registration under this act, as follows:

(d)

In determining an offender's risk of reoffense under subsection (c) of this section, the court shall consider
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the psychological evaluation conducted by the state board of parole required under W.S. 7
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302(j).

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307.

Penalties.

(e)

Any person who fails to undergo and complete a psychological evaluation as required under W.S. 7
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302(j) is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than one (1) year, or both.

Section 2.
W.S. 7
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303(d)(i) through (iii) is repealed.

Section 3.

(a)

There is appropriated to the state board of parole four hundred fifty thousand dollars ($450,000.00) from the general fund for the fiscal year beginning July 1, 2005, to implement the program to provide psychological evaluations of sex offenders as required under section 1 of this act.

(b)

The state board of parole is authorized five (5) full-time equivalent positions to implement the program to provide psychological evaluations of sex offenders as required under section 1 of this act.

Section 4.
This act is effective July 1, 2005.

(END)

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SF0135