(a)
In general
(1)
State guidelines
The Attorney General shall establish
guidelines for State programs that
require—
(A)
a person who is
convicted of a criminal offense against
a victim who is a minor or who is
convicted of a sexually violent offense
to register a current address for the
time period specified in subparagraph
(A) of subsection (b)(6) of this
section; and
(B)
a person who is a
sexually violent predator to register a
current address unless such requirement
is terminated under subparagraph (B) of
subsection (b)(6) of this section.
(2)
Determination of
sexually violent predator status; waiver;
alternative measures
(A)
In general
A determination of whether a person
is a sexually violent predator for
purposes of this section shall be
made by a court after considering
the recommendation of a board
composed of experts in the behavior
and treatment of sex offenders,
victims’ rights advocates, and
representatives of law enforcement
agencies.
(B)
Waiver
The Attorney General may waive the
requirements of subparagraph (A) if
the Attorney General determines that
the State has established
alternative procedures or legal
standards for designating a person
as a sexually violent predator.
(C)
Alternative
measures
The Attorney General may also
approve alternative measures of
comparable or greater effectiveness
in protecting the public from
unusually dangerous or recidivistic
sexual offenders in lieu of the
specific measures set forth in this
section regarding sexually violent
predators.
(3)
Definitions
For purposes of this section:
(A)
The term “criminal
offense against a victim who is a minor”
means any criminal offense in a range of
offenses specified by State law which is
comparable to or which exceeds the
following range of offenses:
(i)
kidnapping of
a minor, except by a parent;
(ii)
false
imprisonment of a minor, except by a
parent;
(iii)
criminal
sexual conduct toward a minor;
(iv)
solicitation
of a minor to engage in sexual
conduct;
(v)
use of a minor
in a sexual performance;
(vi)
solicitation
of a minor to practice prostitution;
(vii)
any conduct
that by its nature is a sexual
offense against a minor; or
(viii)
an attempt to
commit an offense described in any
of clauses (i) through (vii), if the
State—
(I)
makes such
an attempt a criminal offense;
and
(II)
chooses to
include such an offense in those
which are criminal offenses
against a victim who is a minor
for the purposes of this
section.
For purposes of this
subparagraph conduct which is
criminal only because of the age
of the victim shall not be
considered a criminal offense if
the perpetrator is 18 years of
age or younger.
(B)
The term “sexually
violent offense” means any criminal
offense in a range of offenses specified
by State law which is comparable to or
which exceeds the range of offenses
encompassed by aggravated sexual abuse
or sexual abuse (as described in
sections
2241 and
2242 of title
18 or as described in the State
criminal code) or an offense that has as
its elements engaging in physical
contact with another person with intent
to commit aggravated sexual abuse or
sexual abuse (as described in such
sections of title 18 or as described in
the State criminal code).
(C)
The term “sexually
violent predator” means a person who has
been convicted of a sexually violent
offense and who suffers from a mental
abnormality or personality disorder that
makes the person likely to engage in
predatory sexually violent offenses.
(D)
The term “mental
abnormality” means a congenital or
acquired condition of a person that
affects the emotional or volitional
capacity of the person in a manner that
predisposes that person to the
commission of criminal sexual acts to a
degree that makes the person a menace to
the health and safety of other persons.
(E)
The term
“predatory” means an act directed at a
stranger, or a person with whom a
relationship has been established or
promoted for the primary purpose of
victimization.
(F)
The term
“employed, carries on a vocation”
includes employment that is full-time or
part-time for a period of time exceeding
14 days or for an aggregate period of
time exceeding 30 days during any
calendar year, whether financially
compensated, volunteered, or for the
purpose of government or educational
benefit.
(G)
The term “student”
means a person who is enrolled on a
full-time or part-time basis, in any
public or private educational
institution, including any secondary
school, trade, or professional
institution, or institution of higher
education.
(b)
Registration requirement
upon release, parole, supervised release, or
probation
An approved State registration program
established under this section shall contain
the following elements:
(1)
Duties of responsible
officials
(A)
If a person who is
required to register under this section
is released from prison, or placed on
parole, supervised release, or
probation, a State prison officer, the
court, or another responsible officer or
official, shall—
(i)
inform the
person of the duty to register and
obtain the information required for
such registration;
(ii)
inform the
person that if the person changes
residence address, the person shall
report the change of address as
provided by State law;
(iii)
inform the
person that if the person changes
residence to another State, the
person shall report the change of
address as provided by State law and
comply with any registration
requirement in the new State of
residence, and inform the person
that the person must also register
in a State where the person is
employed, carries on a vocation, or
is a student;
(iv)
obtain
fingerprints and a photograph of the
person if these have not already
been obtained in connection with the
offense that triggers registration;
and
(v)
require the
person to read and sign a form
stating that the duty of the person
to register under this section has
been explained.
(B)
In addition to the
requirements of subparagraph (A), for a
person required to register under
subparagraph (B) of subsection (a)(1) of
this section, the State prison officer,
the court, or another responsible
officer or official, as the case may be,
shall obtain the name of the person,
identifying factors, anticipated future
residence, offense history, and
documentation of any treatment received
for the mental abnormality or
personality disorder of the person.
(2)
Transfer of
information to State and FBI; participation
in national sex offender registry
(A)
State reporting
State procedures shall ensure that
the registration information is
promptly made available to a law
enforcement agency having
jurisdiction where the person
expects to reside and entered into
the appropriate State records or
data system. State procedures shall
also ensure that conviction data and
fingerprints for persons required to
register are promptly transmitted to
the Federal Bureau of Investigation.
(B)
National
reporting
A State shall participate in the
national database established under
section
14072
(b) of this title in accordance
with guidelines issued by the
Attorney General, including
transmission of current address
information and other information on
registrants to the extent provided
by the guidelines.
(3)
Verification
(A)
For a person
required to register under subparagraph
(A) of subsection (a)(1) of this
section, State procedures shall provide
for verification of address at least
annually.
(B)
The provisions of
subparagraph (A) shall be applied to a
person required to register under
subparagraph (B) of subsection (a)(1) of
this section, except that such person
must verify the registration every 90
days after the date of the initial
release or commencement of parole.
(4)
Notification of local
law enforcement agencies of changes in
address
A change of address by a person required
to register under this section shall be
reported by the person in the manner
provided by State law. State procedures
shall ensure that the updated address
information is promptly made available
to a law enforcement agency having
jurisdiction where the person will
reside and entered into the appropriate
State records or data system.
(5)
Registration for
change of address to another State
A person who has been convicted of an
offense which requires registration
under this section and who moves to
another State, shall report the change
of address to the responsible agency in
the State the person is leaving, and
shall comply with any registration
requirement in the new State of
residence. The procedures of the State
the person is leaving shall ensure that
notice is provided promptly to an agency
responsible for registration in the new
State, if that State requires
registration.
(6)
Length of
registration
A person required to register under
subsection (a)(1) of this section shall
continue to comply with this section,
except during ensuing periods of
incarceration, until—
(A)
10 years have
elapsed since the person was released
from prison or placed on parole,
supervised release, or probation; or
(B)
for the life of
that person if that person—
(i)
has 1 or more
prior convictions for an offense
described in subsection (a)(1)(A) of
this section; or
(ii)
has been
convicted of an aggravated offense
described in subsection (a)(1)(A) of
this section; or
(iii)
has been
determined to be a sexually violent
predator pursuant to subsection
(a)(2) of this section.
(7)
Registration of
out-of-State offenders, Federal offenders,
persons sentenced by courts martial, and
offenders crossing State borders
As provided in guidelines issued by the
Attorney General, each State shall
include in its registration program
residents who were convicted in another
State and shall ensure that procedures
are in place to accept registration
information from—
(A)
residents who were
convicted in another State, convicted of
a Federal offense, or sentenced by a
court martial; and
(B)
nonresident
offenders who have crossed into another
State in order to work or attend school.
(c)
Registration of offender
crossing State border
Any person who is required under this
section to register in the State in which
such person resides shall also register in
any State in which the person is employed,
carries on a vocation, or is a student.
(d)
Penalty
A person required to register under a State
program established pursuant to this section
who knowingly fails to so register and keep
such registration current shall be subject
to criminal penalties in any State in which
the person has so failed.
(e)
Release of information
(1)
The information
collected under a State registration program
may be disclosed for any purpose permitted
under the laws of the State.
(2)
The State or any
agency authorized by the State shall release
relevant information that is necessary to
protect the public concerning a specific
person required to register under this
section, except that the identity of a
victim of an offense that requires
registration under this section shall not be
released.
(f)
Immunity for good faith
conduct
Law enforcement agencies, employees of law
enforcement agencies and independent
contractors acting at the direction of such
agencies, and State officials shall be
immune from liability for good faith conduct
under this section.
(g)
Compliance
(1)
Compliance date
Each State shall have not more than 3
years from September 13, 1994, in which
to implement this section, except that
the Attorney General may grant an
additional 2 years to a State that is
making good faith efforts to implement
this section.
(2)
Ineligibility for
funds
(A)
A State that fails
to implement the program as described in
this section shall not receive 10
percent of the funds that would
otherwise be allocated to the State
under section
3756 of this title.
(B)
Reallocation of
funds.— Any
funds that are not allocated for failure
to comply with this section shall be
reallocated to States that comply with
this section.
(h)
Fingerprints
Each requirement to register under this
section shall be deemed to also require the
submission of a set of fingerprints of the
person required to register, obtained in
accordance with regulations prescribed by
the Attorney General under section
14072
(h) of this title.
(i)
Grants to States for
costs of compliance
(1)
Program authorized
(A)
In general
The Director of the Bureau of
Justice Assistance (in this
subsection referred to as the
“Director”) shall carry out a
program, which shall be known as the
“Sex Offender Management Assistance
Program” (in this subsection
referred to as the “SOMA program”),
under which the Director shall award
a grant to each eligible State to
offset costs directly associated
with complying with this section.
(B)
Uses of funds
Each grant awarded under this
subsection shall be—
(i)
distributed
directly to the State for
distribution to State and local
entities; and
(ii)
used for
training, salaries, equipment,
materials, and other costs directly
associated with complying with this
section.
(2)
Eligibility
(A)
Application
To be eligible to receive a grant
under this subsection, the chief
executive of a State shall, on an
annual basis, submit to the Director
an application (in such form and
containing such information as the
Director may reasonably require)
assuring that—
(i)
the State
complies with (or made a good faith
effort to comply with) this section;
and
(ii)
where
applicable, the State has penalties
comparable to or greater than
Federal penalties for crimes listed
in this section, except that the
Director may waive the requirement
of this clause if a State
demonstrates an overriding need for
assistance under this subsection.
(B)
Regulations
(i)
In general Not
later than 90 days after October 30,
1998, the Director shall promulgate
regulations to implement this
subsection (including the
information that must be included
and the requirements that the States
must meet) in submitting the
applications required under this
subsection. In allocating funds
under this subsection, the Director
may consider the annual number of
sex offenders registered in each
eligible State’s monitoring and
notification programs.
(ii)
Certain
training programs Prior to
implementing this subsection, the
Director shall study the feasibility
of incorporating into the SOMA
program the activities of any
technical assistance or training
program established as a result of
section
13941 of this title. In a case
in which incorporating such
activities into the SOMA program
will eliminate duplication of
efforts or administrative costs, the
Director shall take administrative
actions, as allowable, and make
recommendations to Congress to
incorporate such activities into the
SOMA program prior to implementing
the SOMA program.
(3)
Authorization of
appropriations
There is authorized to be appropriated
to carry out this subsection,
$25,000,000 for each of fiscal years
1999 and 2000.
(j)
Notice of enrollment at
or employment by institutions of higher
education
(1)
Notice by offenders
(A)
In general
In addition to any other
requirements of this section, any
person who is required to register
in a State shall provide notice as
required under State law—
(i)
of each
institution of higher education in
that State at which the person is
employed, carries on a vocation, or
is a student; and
(ii)
of each change
in enrollment or employment status
of such person at an institution of
higher education in that State.
(B)
Change in status
A change in status under
subparagraph (A)(ii) shall be
reported by the person in the manner
provided by State law. State
procedures shall ensure that the
updated information is promptly made
available to a law enforcement
agency having jurisdiction where
such institution is located and
entered into the appropriate State
records or data system.
(2)
State reporting
State procedures shall ensure that the
registration information collected under
paragraph (1)—
(A)
is promptly made
available to a law enforcement agency
having jurisdiction where such
institution is located; and
(B)
entered into the
appropriate State records or data
system.
(3)
Request
Nothing in this subsection shall require
an educational institution to request
such information from any State.
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