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SEX AND VIOLENT OFFENDER ACTS AND LAWS
AND WHAT THEY REPRESENT
HOW DO THEY AFFECT THE OFFENDER AND LAW ENFORCEMENT · SEX OFFENDER REGISTRATION ACT o A response to highly publicized sex crimes by repeat offenders o A method of social control o Register identifying information, including address with local law enforcement and/or state agencies · OFFENDER REGISTRATION FIRST USED IN U.S. IN 1930’S o Focused on repeat criminal offenders as well as sex offenders o Operated as means to drive out undesirables o Current statutes are designed to increase public safety o First of current sex offender registration statutes in California in 1947 o These laws have been enacted in every state · GOALS OF REGISTRATION o Deter offenders from committing future crimes o Provide law enforcement an additional investigative tool o Increase public protection · OKLAHOMA SEX OFFENDER REGISTRATION ACT (NOVEMBER 1, 1989) o 57 O.S. ss 581 through 590 · JACOB WETTERLING ACT (1994) o Required states to create registries o Included sexually violent offenses/crimes against children o Heightened requirements for highly dangerous sex offenders o Address verification annually for ten (10) years o Quarterly address verification for lifetime for sexually violent predators o Non-compliance results in reduction of Byrne grant funding · WETTERLING ACT AMENDMENTS o Megan’s Law (1996) – requires community notification o Pam Lychner Sexual Offender Tracking and Identification Act (1996) – Heightened requirements for repeat and aggravated offenders o 1998 Amendments – Added military, federal and non-resident students/workers · WETTERLING ACT (1994) o Registration for at least ten (10) years o Court may not provide relief prior to ten (10) years o Acquiring information upon release o Informing of obligations where they intend to reside o Requirement to update address when moving o Periodic address verification o Release information to public as necessary for safety · MEGAN’S LAW (1996) o The state or any agency authorized by the state shall release relevant information as necessary to protect the public o Allows states discretion in determining if disclosure is necessary o States may release information on all offenders or only those convicted of specific offenses o States may proactively notify · PAM LYCHNER ACT (1996) o Required lifetime registration for aggravated sexual offenses or multiple registerable offenses o Aggravated is penetration with victims of any age through force or threats of serious violence….penetration with victims under age twelve (12) · 1998 AMENDMENTS o Allowed states greater discretion regarding original Wetterling requirements – Local verification procedures vs. federally specified o Required federal, military and non-resident student/worker registration o Required states to participate in the National Sex Offender Registry (NSOR) · NATIONAL SEX OFFENDER REGISTRY (NSOR) o Establishes “minimally sufficient” state registration programs o Those states without minimally sufficient – FBI will assume responsibility o Federally modified NCIC system began in July 1999 · JUVENILE SEX OFFENDER REGISTRATION o Enacted July 2002 o Office of Juvenile Affairs is responsible agency · MARY RIPPY VIOLENT CRIME OFFENDERS REGISTRATION ACT o Enacted November 1, 2004 o Requires any person to register as a violent offender is he or she has been convicted or received a suspended sentence for a crime or an attempt to commit any of the following crimes: Murder in the First Degree; Murder in the Second Degree; Manslaughter in the First Degree; Shooting with Intent to Kill; Assault and Battery with a Deadly Weapon, Use of a Vehicle to Facilitate Use of a Firearm, Crossbow or other Weapon; Assault with Intent to Kill; Bombing and Explosive Violations. · JESSICA LUNSFORD'S LAW o Enacted May 17, 2005 o Oklahoma was the second state in the Nation to enact this legislation. o Requires Global Positioning System, or GPS, electronic monitoring of habitual and aggravated sex offenders for the rest of their lives once they are released from prison. o Directs convicted sex offenders to wear a GPS monitoring device for the duration of his or her sentence. o Reinforces a mandatory registration period for a sex offender to be no less than 10 years for those offenders not classified as habitual or aggravated offenders. o Reinforces lifetime registration for habitual or aggravated offenders. · ADAM WALSCH CHILD PROTECT AND SAFETY ACT OF 2006 o Created a tier system for sex offenders and set forth the rules and guidelines to be followed on a nationwide level. o To see the complete rules of this Act, please click here.
HAVE QUESTIONS?
WE HAVE ANSWERS! Ø Who is required to register under the Oklahoma Sex Offender Registration Act? Ø Any person residing, working, or attending school within the State of Oklahoma who has been convicted or received any probationary term for the commission or attempt to commit certain sex crimes* in Oklahoma after November 1, 1989, or who entered the Oklahoma after November 1, 1989, having previously been convicted or received a suspended or deferred sentence for a crime or attempted crime which if committed or attempted in Oklahoma would be a crime as provided in the following section. A probationary term rendered by an Oklahoma court included deferred sentences. Sentences rendered outside the Oklahoma judicial system include those from any court of another state, a federal court, an Indian tribal court or a military court. v Abuse or Neglect or Child/Child Beating (when sexual abuse or sexual exploitation is involved); Assault with Intent to Commit a Felony (if the offense involved sexual assault); Kidnapping; Caretaker Abuse or Neglect (when sexual abuse or sexual exploitation is involved); Trafficking in Children; Incest; Crime Against Nature/Sodomy; Forcible Sodomy; Child Stealing; Indecent Exposure/Indecent Exhibitions/Obscene or Indecent Writings, Pictures, etc./Solicitation of Minors to Participate in any crime under this section; To procure or Cause Minors to Participate in Obscene or Indecent Writings, Pictures, etc.; Guardians--Parents—Custodians Consent to Participation of Minor in Obscene Writings, Pictures; Facilitating, Encouraging, Offering, or Soliciting Sexual Conduct with a Minor (Misdemeanor); Unlawful Sale, Purchase, or Trafficking of Obscene Movies, Photographs, Pictures, Drawings, Video Games, Etc.; Procuring a Child Under 18 years of Age for Prostitution, Lewdness, or Other Indecent Acts; Inducing, Keeping, Detaining, or Restraining for Prostitution a Child Under 18 Years of Age; Rape in the First Degree/Rape in the Second Degree/Rape by Instrumentation; Lewd or Indecent Proposals or Acts to Child Under 16/Sexual Battery to a Person Over 16. New crime prohibits certain sex offenders from area within 300 feet of elementary or junior high school, childcare facility or playground. Ø How long does a sex offender have to register with law enforcement in Oklahoma? Ø All sex offenders must register according to their tier level as has been assigned to them by the State of Oklahoma. Tier 1 Offenders must register once a year for fifteen (15) years, after the completion of their sentence. Tier 2 Offenders must register every six months for twenty-five (25) years after the completion of their sentence. Tier 3 Offenders must register every ninety (90) days for the rest of their life. Ø What criteria is used to classify an offender as a habitual and/or aggravated offender? Ø On or after November 1, 1999, any person who has been convicted of a crime or an attempt to commit a crime, who has received a suspended sentence or any probationary term, including a deferred sentence… shall be subject to all the registration requirements of this act and shall be designated by the DOC as an aggravated sex offender. These crimes include: Abuse or Neglect of Child/Child Beating (when sexual abuse or exploitation is involved), Incest, Forcible Sodomy, Rape in the First Degree, Rape in the Second Degree, Rape by Instrumentation, Lewd or Indecent Proposals or Acts to a Child Under 16, Sexual Battery of a Person Over 16, or, any attempt to commit these crimes. Ø What if an offender is classified as a juvenile sex offender? Do they still have to register? Ø Yes. Effective July 2002, they must register with the Office of Juvenile Affairs, a subdivision of the Department of Human Services. Ø Do offenders have the right to live where they want to live? Ø Oklahoma Sex Offender Registration Act states it is unlawful for a sex offender to reside within a 2000 foot radius of any public or private school site, educational institution, playground, park or childcare facility. Violations may be punished as a misdemeanor with a fine not to exceed $3,000. A second or subsequent violation shall be punishable by incarceration for one (1) year in the county jail in addition to such fines. Ø Can offenders go anywhere they want to go? Ø No. Oklahoma Sex Offender Registration Act clearly states it is unlawful for a sex offender to be within 300 feet of any elementary or junior high school, licensed child care facility, or playground if the offender has been convicted of lewd molestation, rape or sodomy in this state or any similar offense of another state of the United States and the victim was a child under thirteen (13) years of age. Ø What if the have a child enrolled in a school or child care facility? Are there exemptions to the rule that will allow them to take their child to and from the school or child care facility? Ø Yes. The sex offender is exempt is they are the custodial parent or legal guardian of a child enrolled as a student at the school or child care facility, or they are enrolling, delivering or retrieving such child at the school or child care facility during regular school or facility hours or for school sanctioned or child care facility sanctioned extracurricular activities. Violations may be punished as a misdemeanor with a fine not exceeding $2,500. A second or subsequent violation may be punished as a felony. Ø Is there any place offenders are not allowed to work or provide services? Ø Yes. According to the Oklahoma Sex Offenders Registration Act, it is unlawful to work with, or provide services to children, or to work on school premises, or for any person or business who offers or provides services to children or contracts for work to be performed on school premises. Ø Is my information available to the public? Ø Yes. The Sex Offender Registration List is available to the public without restriction. Ø What happens if an offender fails to register with the proper authority or within the proper time frame? Ø A warrant can be issued for their arrest for failure to register. This can result in five (5) years jail time and/or up to a $5,000 fine. URGENT UPDATE! CHANGE IN REGISTRY REQUIREMENTS FOR SEX OFFENDERS: 57 O.S. 581-590 Signed into law by Governor Brad Henry on June 7, 2006 Lifetime offenders are required to register every 90 days. Offenders previously required to register annually are now required to register semi-annually (every six months). Effective November 1, 2003, registered offenders were restricted from living within a 2000' radius of any public or private school or educational institution. Effective June 7, 2006, this restriction includes playgrounds, parks and licensed child care facilities. It is now unlawful for two registered sex offenders to reside together in any individual dwelling during their term of registration. The first violation is a misdemeanor, second or subsequent violations can be punished as felonies. Registered sex offenders are now required to list all people living in the home with them, regardless of age, sex or relationship. If you have questions, contact Deputy Pamela Crutchfield, sex and violent offender registrations at (918) 775-1213, ext. 853. You may also e-mail us at sheriff@csweb.net
OKLAHOMA SEX AND VIOLENT OFFENDER REGISTRY REQUIREMENTS AS ON FILE WITH THE OKLAHOMA DEPARTMENT OF CORRECTIONS
Addendum – 01 Sex and Violent Crime Offender Registration Changes are:
Item F. was added to Section IV. and reads as follows: F. Global Position Satellite Monitoring Sex offenders designated as habitual or aggravated, as defined by Section 584 of Title 57 of the Oklahoma Statutes shall be assigned to a global position satellite monitoring device for the duration of the required registration period if the offender is sentenced on or after May 17, 2005 and the court orders the offender to be placed on a GPS monitor. Action The deputy director will be responsible for compliance with this procedure. The deputy director of Operations Support will be responsible for the annual review and revisions. Any exceptions to this procedure will require prior written approval from the director. This procedure will be effective as indicated. Addendum: Operations Memorandum No. OP-020307 entitled “Sex Offender Registration” dated November 01, 2004 Distribution: Policy and Operations Manual Department Website
Sex and Violent Crime Offender Registration The Oklahoma Department of Corrections will be responsible for registering and monitoring offenders convicted of certain sex and/or violent crimes. I. Registration of Sex Offenders A. Applicable Sex Offenses The provisions of the Sex Offenders Registration Act apply to any person residing, working, or attending school within the State of Oklahoma who has been convicted or received any probationary term for the commission or attempt to commit certain sex crimes in the state after November 1, 1989, or who entered the state after November 1, 1989, having previously been convicted or received a suspended or deferred sentence for a crime or attempted crime which if committed or attempted in this state would be a crime as provided in the following section. A probationary term rendered by an Oklahoma court includes deferred sentences. Sentences rendered outside the Oklahoma judicial system include those from any court of another state, a federal court, an Indian tribal court or a military court. Except for habitual or aggravated sex offenders, the person shall be required to register for a period of ten (10) years from the date of the completion of the sentence. The date of completion is defined as the day an offender completes all incarceration, probation and parole pertaining to their sentence. The applicable sex offenses are as listed in Oklahoma State Statutes as follows: 1. 10 O.S. 7115, Abuse or Neglect of Child/Child Beating (when sexual abuse or sexual exploitation is involved) 2. 21 O.S. 681, Assault With Intent to Commit a Felony (if the offense involved sexual assault) 3. 21 O.S. 741, Kidnapping (if the offense involved sexual abuse or sexual exploitation) 4. 21 O.S. 843.1, Caretaker Abuse or Neglect (when sexual abuse or sexual exploitation is involved) 5. 21 O.S. 865, Trafficking in Children 6. 21 O.S. 885, Incest 7. 21 O.S. 886, Crime Against Nature/Sodomy 8. 21 O.S. 888, Forcible Sodomy 9. 21 O.S. 891, Child Stealing 10. 21 O.S. 1021, Indecent Exposure/Indecent Exhibitions/Obscene or Indecent Writings, Pictures, etc./Solicitation of Minors to Participate in any crime under this section. 11. 21 O.S. 1021.2, To Procure or Cause Minors to Participate in Obscene or Indecent Writings, Pictures, etc. 12. 21 O.S. 1021.3, Guardians‑‑Parents‑‑Custodians Consent to Participation of Minor in Obscene Writings, Pictures 13. 21 O.S. 1040.13a, Facilitating, Encouraging, Offering, or Soliciting Sexual Conduct with a Minor (Misdemeanor) 14. 21 O.S. 1040.51, Unlawful Sale, Purchase, or Trafficking of Obscene Movies, Photographs, Pictures, Drawings, Video Games, Etc. 15. 21 O.S. 1087, Procuring a Child Under 18 Years of Age for Prostitution, Lewdness, or Other Indecent Acts 16. 21 O.S. 1088, Inducing, Keeping, Detaining, or Restraining for Prostitution a Child Under 18 Years of Age 17. 21 O.S. 1114, Rape in the First Degree/Rape in the Second Degree/Rape by Instrumentation 18. 21 O.S. 1123, Lewd or Indecent Proposals or Acts to a Child Under 16/Sexual Battery to a Person Over 16 B. Registration Procedures 1. All offenders subject to the provisions of the Sex Offenders Registration Act who reside in the state, who enter the state and intend to be in the state for any purpose for five (5) days or longer, who have any type of full-time or part-time employment with or without compensation for more than five (5) days or is enrolled as a full-time or part-time student within the state will be registered as follows: a. The “Sex Offender Registration Form” (DOC 020307A, attached) and “Oklahoma Sex Offender Registration Act-Notice of Duty to Register” (DOC 020307B, attached) forms will be completed. If the offender lives in a community where there are no street addresses, in a rural area where route numbers are used, or receives mail at a post office box, specific directions will be taken on how to find the offenders place of residence. b. The offender will be photographed (4 sets) and fingerprinted (2 cards). c. Inmates who have not submitted a blood or saliva sample for DNA testing will be required to do so prior to release. All other offenders being registered by probation and parole will be required to submit to a DNA blood or saliva test within thirty days of registration. DNA blood or saliva testing will be performed in accordance with OP‑140401 entitled “DNA Testing.” d. The completed forms, photographs and fingerprint cards will be forwarded to the Sex and Violent Crime Offender Registry Unit. The facility head is responsible for ensuring the registration paperwork is complete and accurate. A copy of the forms are placed in Section 2 of the field file. e. The requirements to register in accordance with the Act and to report any change of address will be explained to the offender using the “Notice of Duty to Register.” In addition to registering with the Department of Corrections, all sex offenders must also register with local law enforcement authorities within three days of release from incarceration or upon receiving a suspended or deferred sentence. All sex offenders are to notify the Department of Corrections and the local law enforcement authority no less than three (3) business days prior to abandoning or moving from the address of the previous registration. f. If the new address is under the jurisdiction of a different local law enforcement authority, the offender shall notify the new local law enforcement authority of any previous registration. The new local law enforcement authority shall notify the most recent registering agency by teletype or letter of the change in address of the offender. g. A change of address to another state must be reported to the Department of Corrections prior to the move, and the offender must register with the new state no later than ten (10) days prior to establishing residence whether temporary or permanent. 2. Inmates in the custody of the Department of Corrections will be registered prior to their release. All other offenders subject to the provisions of the Sex Offenders Registration Act will report in person to the probation and parole office nearest their residence within three working days of receipt of a suspended or deferred sentence, and within three days of entering the state. When the offender contacts a probation and parole office, they will be registered in accordance with this procedure. If the offender is currently registered and is reporting a change in status, the information will be forwarded to the Sex and Violent Crime Offender Registry Unit. 3. Any person who is subject to the Sex Offenders Registration Act, who does not reside in Oklahoma but who is the spouse of a person living in this state, shall be registered as follows: a. With the Department of Corrections when the person enters and intends to be in Oklahoma for any purpose for five (5) days or longer or an aggregate period of five (5) days or longer in a calendar year. Such registration is required within two (2) days after entering Oklahoma; and b. With the local law enforcement authority having jurisdiction in the area where the person intends to reside or to stay within Oklahoma for two (2) days or longer. The registration is required with local law enforcement within two (2) days after entering the jurisdiction of the law enforcement authority. II. Registration of Violent Offenders A. Applicable Violent Offenses The provisions of the Mary Rippy Violent Crime Offenders Registration Act apply to any person residing, working, or attending school within the State of Oklahoma who has been convicted of, or received a deferred judgment or suspended sentence for the commission or attempt to commit certain violent crimes in the state on after November 1, 2004, or who entered the state after November 1, 2004, having previously been convicted of, or received a suspended or deferred sentence, or any probation and/or parole, for a crime or attempted crime which if committed or attempted in this state would be a crime as provided in the following section. A probationary term rendered by an Oklahoma court includes deferred sentences. Sentences rendered outside the Oklahoma judicial system include those from any court of another state, a federal court, an Indian tribal court or a military court. Except for habitual violent offenders, who are registered for life, the person shall be required to register for a period of ten (10) years from the date of the completion of the sentence. The date of completion is defined as the day an offender completes all incarceration, probation and/or parole pertaining to their sentence. The applicable violent offenses are listed in the Oklahoma State Statutes as follows: 1. 21 O.S. 701.7, Murder in the First Degree 2. 21 O.S. 701.8, Murder in the Second Degree 3. 21 O.S. 711, Manslaughter in the First Degree 4. 21 O.S. 652, Shooting with Intent to Kill; Assault and Battery with a Deadly Weapon; Use of a Vehicle to Facilitate Use of a Firearm, Crossbow or other Weapon 5. 21 O.S. 653, Assault with Intent to Kill 6. 21 O.S. 1767.1, Bombing and Explosives Violations B. Registration Procedures 1. All offenders subject to the provisions of the Mary Rippy Violent Crime Offenders Registration Act who reside in the state; who enter the state and intend to be in the state for any purpose for thirty (30) days or longer; who have any type of full-time or part-time employment with or without compensation for more than fourteen (14) days, or an aggregate period exceeding thirty (30) days in a calendar year; or is enrolled as a full-time or part-time student within the state will be registered as follows: a. The “Violent Crime Offender Registration Form” (DOC 020307C, attached) and “Mary Rippy Violent Crime Offenders Registration Act-Notice of Duty to Register” (DOC 020307D, attached) forms will be completed. If the offender lives in a community where there are no street addresses, in a rural area where route numbers are used, or receives mail at a post office box, specific directions will be taken on how to find the offenders place of residence. b. The offender will be photographed (4 sets) and fingerprinted (2 cards). c. Inmates who have not submitted a blood or saliva sample for DNA testing will be required to do so prior to release. All other offenders being registered by probation and parole will be required to submit to a DNA blood or saliva test within thirty days of registration. DNA blood or saliva testing will be performed in accordance with OP‑140401 entitled “DNA Testing.” d. The completed forms, photographs, and fingerprint cards will be forwarded to the Sex and Violent Crime Offender Registry Unit. The facility head is responsible for ensuring the registration paperwork is complete and accurate. A copy of the forms will be placed in Section 2 of the field file. e. The requirements to register in accordance with the Act and to report any change of address will be explained to the offender using the “Notice of Duty to Register.” In addition to registering with the Department of Corrections, violent crime offenders must also register with local law enforcement authorities within three (3) days of release from incarceration or upon receiving a suspended or deferred sentence. Violent crime offenders are to notify in writing the Department of Corrections and the local law enforcement authority no less than three (3) business days prior to abandoning or moving from the address of the previous registration. f. If the new address is under the jurisdiction of a different local law enforcement authority, the offender shall notify the new local law enforcement authority of any previous registration. The new local law enforcement authority shall notify the most recent registering agency by teletype or letter of the change in address of the offender. g. If the change of address is to another state, the offender must register with the new state no less than ten (10) days prior to establishing residence whether temporary or permanent, if the new state has a violent crime registration requirement. h. If an offender graduates, transfers, drops, terminates, or otherwise changes enrollment or employment at any school in the state, the offender shall notify in writing the Department of Corrections and the local law enforcement authority within three (3) business days of the change in enrollment or employment. 2. Inmates in the custody of the Department of Corrections will be registered prior to their release. All other offenders subject to the provisions of the Mary Rippy Violent Crime Offenders Registration Act will report in person to the probation and parole office nearest their residence within three (3) working days of receipt of a suspended or deferred sentence, and within three (3) working days of entering the state. When the offender contacts a probation and parole office, they will be registered in accordance with this procedure. If the offender is currently registered and is reporting a change in status, the information will be forwarded to the Sex and Violent Crime Offender Registry Unit. III. Habitual and Aggravated Sex Offenders/Habitual Violent Crime Offenders A. Designation Criteria for Habitual Sex Offenders 57 O.S. 584 provides that certain sex offenders be designated by the Department of Corrections as habitual sex offenders. A sex offender is considered habitual: 1. Upon their second conviction or suspended sentence or probationary term for any of the crimes subject to sex offender registration, or 2. Who has been convicted of an additional crime or attempted crime which, if committed or attempted in this state, would be a crime or an attempt to commit a crime subject to sex offender registration and enters this state after November 1, 1997. The designation as a habitual sex offender is in addition to the registration requirements of the Sex Offenders Registration Act. The habitual designation will be for the lifetime of the habitual sex offender. The registration file of an offender designated as habitual will be flagged to indicate such designation. After an offender is designated as habitual, the local law enforcement agency having jurisdiction over the offender’s residence will be notified by the Sex and Violent Crime Offender Registry Unit. B. Designation Criteria for Aggravated Sex Offenders 57 O.S. § 584 provides that certain sex offenders are designated by the Department of Corrections as aggravated sex offenders. An aggravated sex offender is any offender who on or after November 1, 1999 is convicted or receives a suspended sentence or any probationary term for the crimes of Abuse or Neglect of Child/Child Beating (when sexual abuse or exploitation is involved), Incest, Forcible Sodomy, Rape in the First Degree, Rape in the Second Degree, Rape by Instrumentation, Lewd or Indecent Proposals or Acts to a Child Under 16, Sexual Battery of a Person Over 16, or any attempt to commit these crimes. The designation as an aggravated sex offender is in addition to the registration requirements of the Sex Offenders Registration Act. The aggravated designation will be for the lifetime of the aggravated sex offender. The registration file of an offender designated as aggravated will be flagged to indicate such designation. After an offender is designated as aggravated, the local law enforcement agency having jurisdiction over the offender’s residence will be notified by the Sex and Violent Crime Offender Registry Unit. C. Designation Criteria for Habitual Violent Crime Offenders 57 O.S. 595 provides that certain violent crime offenders be designated by the Department of Corrections as habitual violent crime offenders. A violent crime offender is considered habitual: 1. Upon their second conviction or suspended sentence or probationary term for any of the crimes subject to violent crime offender registration, or 2. Who has been convicted of an additional crime or attempted crime which, if committed or attempted in this state, would be a crime or an attempt to commit a crime subject to violent crime offender registration and enters this state after November 1, 2004. The designation as a habitual violent crime offender is in addition to the registration requirements of the Violent Crime Offenders Registration Act. The habitual designation will be for the lifetime of the habitual violent crime offender. The registration file of an offender designated as habitual will be flagged to indicate such designation. After an offender is designated as habitual, the local law enforcement agency having jurisdiction over the offender’s residence will be notified by the Sex and Violent Crime Offender Registry Unit. D. Community Notification by Local Law Enforcement 1. Upon registration of any person designated as a habitual or aggravated sex offender, or habitual violent crime offender, the local law enforcement agency, not Department of Corrections personnel, will notify anyone the local agency determines appropriate, including, but not limited to: a. The family of the habitual or aggravated sex offender, or habitual violent crime offender, b. Any prior victim of the habitual or aggravated sex offender, or habitual violent crime offender, and c. Residential neighbors and churches, community parks, schools, convenience stores, businesses and other places that children or other potential victims may frequent. 2. The community notification by local law enforcement may include, but is not limited to: a. The name and physical address of the habitual or aggravated sex offender, or habitual violent crime offender; b. A physical description of the habitual or aggravated sex offender, or habitual violent crime offender, including, but not limited to, age, height, weight, and eye and hair color; c. A description of the vehicle that the habitual or aggravated sex offender, or habitual violent crime offender, is known to drive; d. Any conditions or restrictions of the probation, parole, or conditional release of the habitual or aggravated sex offender, or habitual violent crime offender; e. A description of the primary and secondary targets of the habitual or aggravated sex offender, or habitual violent crime offender; f. A description of the method of offense of the habitual or aggravated sex offender, or habitual violent crime offender; g. A current photograph of the habitual or aggravated sex offender; or habitual violent crime offender and h. The name and telephone number of the probation and parole officer of the habitual or aggravated sex offender, or habitual violent crime offender (if under supervision). IV. Monitoring of Registered Sex and Violent Crime Offenders A. Registration Files The Department of Corrections Sex and Violent Crime Offender Registry Unit will maintain files on an offender that has registered for a period of at least ten (10) years from the date of the last registration. B. Address Verification The Sex and Violent Crime Offender Registry Unit will conduct an address verification of all sex and violent crime offenders semi-annually by mailing a non‑forwardable verification form to the last known address. Those offenders designated as habitual or aggravated sex offenders, or habitual violent crime offenders, will have their address verified every ninety (90) days. The offender must return the form in person to their local law enforcement agency within ten (10) days. The local law enforcement agency must forward the signed verification to the Department of Corrections within three (3) days. If the offender fails to properly verify their address, the local law enforcement agency and district attorney’s office will be notified of the failure within forty-five (45) days. C. Release of Information Sex and Violent Crime Offender Registration files available for public inspection and copying. The inspection may be conducted anytime during normal business hours. The department will respond to inquiries about specific offenders and will release information from the offender’s registration file, to include copies. Copies of the entire registry may be obtained by non-governmental entities at a cost of 25 cents per page in accordance with OP-060212 entitled “Maintenance and Access of Offender Records.” D. Notification to Local Law Enforcement The Department of Corrections will provide all municipal police departments, all county sheriff’s departments, all campus police departments, and police or security departments of institutions of higher learning with a list of registered sex and violent crime offenders living in their respective jurisdictions. Local law enforcement will be notified any time the department becomes aware of a change in the status of a registered sex and/or violent crime offender, when an offender is newly registered, and when an offender is designated as a habitual or aggravated sex offender, or habitual violent crime offender. E. Notification to Other States Upon notification that a registered sex offender is moving to another state, the receiving state’s designated sex offender registration agency will be contacted and provided with a copy of the offender’s Oklahoma registration file. Address verifications will not be conducted while the offender lives out of state, as the receiving state’s registration agency will assume responsibility for the offender’s registration. Upon notification that a registered violent crime offender is moving to another state, if the state has a registration requirement, the designated violent crime offender registration agency will be contacted and provided with a copy of the offender’s Oklahoma registration file. IV. Violation of Sex Offenders Registration Act/Mary Rippy Violent Crime Offenders Registration Act Violation of any provision of these Acts is a felony punishable by incarceration of up to five years and/or a $5000 fine. Violations will be reported to the local law enforcement agency and the local district attorney’s office for their consideration of filing charges. It is unlawful for a registered sex offender or violent offender to work with or provide services to children or to work on school premises, or for any person or business who offers or provides services to children or contracts for work to be performed on school premises. Violations may be punished as a misdemeanor with a fine not to exceed $1000. V. References Policy Statement No. P‑020100 entitled “Management of Department of Corrections Information” OP-060212 entitled “Maintenance and Access of Offender Records” OP-140401 entitled “DNA Testing” 10 O.S. 7115 21 O.S. 652, 653, 701.7, 701.8, 711, 741, 843.1, 865, 885, 886, 888, 891, 1021, 1021.2, 1021.3, 1040.13a, 1040.51, 1087, 1088, 1114, 1123, 1125, and 1767.1 51 O.S. 24A.8 57 O.S. 581 - 599 VI. Action The deputy director will be responsible for compliance with this procedure. The deputy director of Operations Support will be responsible for the annual review and revisions. Any exceptions to this procedure will require prior written approval from the director. This procedure will be effective as indicated. Replaced: Operations Memorandum No. OP‑020307 entitled “Sex Offender Registration” dated February 20, 2004 Deleted: Operations Memorandum No. OP-020307 Addendum-01 dated June 17, 2004 Distribution: Policy and Operations Manual Department Website
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