Registration of offenders-2.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0401

SENATE FILE
NO.
SF0081

Registration of offenders-2.

Sponsored by:
Senator(s) Sessions and
Jennings
and Representative(s) Hammons, Lubnau and Quarberg

A BILL

for

AN ACT relating to registration of offenders; eliminating the requirement for a hearing to determine the level of the sex offender's risk of reoffense; eliminating the levels of risk of reoffense for sex offenders; increasing the number of years offenders are required to be registered with the division of criminal investigation as specified; authorizing petitions to seek relief from the duty to register as an offender; expanding the scope of dissemination of information contained in the central registry of offenders; requiring rulemaking; making conforming amendments; repealing provisions; and providing for an effective date.

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

Section 1.

W.S. 7
‑
19
‑
303(b)(intro), (c)(intro), (ii)
,
(iii)(intro), by creating a new paragraph (iv), (h), (j) and by creating a new subsection (k) and 7
‑
19
‑
304(a) are amended to read:

7
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19
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303.

Offenders central registry; dissemination of information.

(b)

The information collected under this act shall be confidential
,

and disseminated only in accordance with:
except for that information collected in accordance with paragraph (c)(iii) of this section which information shall be a matter of public record.

(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 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 review of the risk of reoffense factors specified in W.S. 7
‑
19
‑
303(d), utilizing a preponderance of the evidence standard, 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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19
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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
In addition, the following shall apply
:

(ii)

If the risk of reoffense is moderate, notification shall be provided to residential neighbors within at least seven hundred fifty (750) feet of the offender's residence, organizations in the community, including schools, religious and youth organizations, as well as to the persons authorized under paragraph (i) of this subsection, through means specified in the court's order. In addition,

N
otification regarding an offender employed by or attending school at any educational institution shall be provided upon request to a member of the institution's campus community as defined by subsection (h) of this section;

(iii)

If the risk of reoffense is high,

N
otification
of registration under this act
shall be provided to the public through a public registry and through any additional means specified
in the court's
by a court
order, as well as to the persons and entities required by
paragraphs (i) and
paragraph
(ii) of this subsection. The division shall make the public registry available to the public through electronic internet technology and shall include:

(iv)

The division shall adopt rules necessary to provide for the maintenance and dissemination of the information contained in the central registry of offenders.

(h)

An educational institution in this state shall instruct members of its campus community, by direct advisement, publication or other means, that a member can obtain information regarding offenders employed by or attending school at the institution by contacting the campus police department or other law enforcement agency with jurisdiction over the institution.
The campus police department or law enforcement agency with jurisdiction over the institution shall disseminate the information regarding the offender to the campus community in accordance with the requirements of subsections (c) through (g) of this section.

For the purposes of this subsection, "member of the campus community" means a person employed by or attending school at the educational institution at which the offender is employed or attending school, or a person's parent or guardian if the person is a minor.

(j)

The attorney general shall maintain a public record of the number of registered offenders in each county
.

which shall be broken down by degree of risk.

(k)

The legislature directs the division to facilitate access to the information on the public registry available through electronic internet technology without the need to consider or assess the specific risk of reoffense with respect to any individual prior to his inclusion within the registry, and the division shall place a disclaimer on the division's internet website indicating that:

(i)

No determination has been made that any individual included in the registry is currently dangerous;

(ii)

Individuals included within the registry are included solely by virtue of their conviction record and state law; and

(iii)

The main purpose of providing the information on the internet is to make the information more easily available and accessible, not to warn about any specific individual.

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304.

Termination of duty to register.

(a)

The duty to register under W.S. 7
‑
19
‑
302 shall
terminate as follows
begin on the date of sentencing and continue for the duration of the offender's life, subject to the following
:

(i)

For an offender other than an aggravated sex offender
,

or

a recidivist
or a sexually violent predator
,
the duty to register shall end ten (10) years after the offender was released from prison, placed on parole, supervised release or probation, provided the registration period shall be tolled for subsequent periods of confinement
after twenty (20) years of registration, the offender may petition the district court for the district in which the offender is registered to be relieved of the duty to continue registration. Upon a showing that the offender has had no further felony or misdemeanor convictions during the period of registration, the district court may order the offender relieved of the duty to continue registration
; and

(ii)

For an aggravated sex offender
,

or
a recidivist
or a sexually violent predator
, the duty to register shall continue for the duration of the offender's life.

Section 2.

W.S. 7
‑
19
‑
303(b)(i)
,
(ii), (c)(i)
,
(d) and (e)
is
repealed.

Section 3.

The
Wyoming
legislature, by enacting this act into law, specifically concurs with the findings of the
Wyoming
supreme court that registry information serves the purpose of protecting the safety and general welfare of the citizens of
Wyoming
.

Section 4.

This act is effective July 1, 2006.

(END)

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SF0081