Sex offender registry-process.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0235

SENATE FILE
NO.
SF0067

Sex offender registry-process.

Sponsored by:
Senator(s) Burns and Massie and Representative(s) Berger 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 a penalty; repealing provisions; providing for immunity for specified persons implementing the psychological evaluations program; providing that no independent cause of action is created against persons implementing the sex offender psychological evaluations program as specified; requiring a report; 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. 1
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103(a)(iv)(B) and by creating a new subparagraph (F)
,
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103(c) by creating a new paragraph (vi)
,
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402 by creating a new subsection (j), 7
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302 by creating new subsections (k) and (m), 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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103.

Definitions.

(a)

As used in this act:

(iv)

"Public employee":

(B)

Does not include an independent contractor, except as provided in
subparagraph
subparagraphs
(C)
and (F)
of this paragraph, or a judicial officer exercising the authority vested in him;

(F)

Includes any licensed professional or entity conducting psychological evaluations of sex offenders under W.S. 7
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302(k) pursuant to a contract with the state board of parole
.

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41
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103.

Self-insurance account; creation; authorized payments.

(c)

Expenditures shall be made out of the self-insurance account for the following claims which have been settled or reduced to final judgment:

(vi)

Claims against
licensed professionals or entities conducting psychological evaluations of sex offenders under W.S. 7
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302(k) pursuant to a contract with the state board of parole, provided:

(A)

The liability of the state shall not exceed the limits specified in W.S. 1
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118(a) except as the limitation may be increased by W.S. 1
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110(b) both reduced by the amount of the licensed professional's or entity's malpractice insurance coverage applicable to such claim; and

(B)

The claim arises from services performed by the licensed professional or entity pursuant to a contract with the state board of parole under W.S. 7
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302(k).

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13
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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(k). 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; immunity.

(k)

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 prior to release in compliance with procedures established by the state board of parole. 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 the releases upon the request of persons conducting the psychological evaluations unless release of the records is otherwise prohibited by law.
The board of parole may 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.

(m)

Any licensed professional or entity conducting psychological evaluations of sex offenders under contract with the board of parole under subsection (k) of this section shall be covered under W.S. 1
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101 through 1
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421. The psychological evaluations, reports and recommendations made pursuant to subsection (k) of this act shall not create grounds for an independent cause of action against any licensed professional or entity conducting the evaluation, or against the state board of parole or its employees in the performance of their duties under subsection (k) of this act.

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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 has not previously been performed pursuant to W.S. 7
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302(k) 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
file an application for hearing under this section if, based upon a
request the board of parole to provide a psychological evaluation if one has not previously been performed pursuant to W.S. 7
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302(k).

After
review of the
risk of reoffense factors specified in W.S. 7
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303(d),
psychological evaluation of the sex offender, the district attorney shall,
utilizing a preponderance of the evidence standard,
file an application for hearing under this subsection if
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. Prior to any application for hearing under this subsection, the district attorney may apply to the court, with notice to the offender, for an order requiring the offender to obtain a psychological or other evaluation report at the offender's expense. The court may enter any order it deems appropriate after an in-camera hearing unless waived by the offender. Upon application of the district attorney, and following notice to the offender and an in-camera hearing, the district court shall make a finding by a preponderance of the evidence of the risk of reoffense by the offender, and based on that finding 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
:

the psychological evaluation conducted by the state board of parole required under W.S. 7
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302(k).

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307.

Penalties.

(e)

Any person who knowingly and willfully fails to undergo and complete a psychological evaluation as required under W.S. 7
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302(k) 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.
The state board of parole shall report to the
joint judiciary interim committee

no later than July 1, 2007, with respect to the number of sex offenders evaluated under the program created by this act, the cost for the psychological evaluations, the numbers of sex offenders classified under each of the categories listed under W.S. 7
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302(c) and any other information the board believes may help the
joint judiciary interim committee

assess the success of the psychological evaluation program created by this act.

Section 4.

(a)

There is appropriated to the state board of parole one million three hundred sixty-eight thousand four hundred sixty-four dollars ($1,368,464.00) from the general fund for the biennium beginning July 1, 2006, 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 5.
This act is effective July 1, 2006.

(END)

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SF0067