3. Registration of certain juveniles. Under current law, if a juvenile is found to
be in need of protection or services for acts that would constitute a sex offense if
committed by an adult, the juvenile must register as a sex offender. This bill
eliminates the mandatory registration requirement for juveniles found in need of
protection or services for a sex offense and instead provides that a court may order
the juvenile to register if registration would be in the interest of public protection.
The bill also establishes a procedure for DOC to purge information from the sex
offender registry concerning juveniles currently registered solely because they have
been found to be in need of protection or services based on a sex offense.

4. Duration of registration requirements. Under current law, a person generally
must continue to register as a sex offender for 15 years after the date on which he
or she is discharged from his or sentence, commitment or other type of supervision.
However, a person who has been convicted of a sex offense on two or more separate
occasions and any person found to be a sexually violent predator must register for
life.

Under this bill, when a court orders a person to register as a sex offender for a
sexually motivated serious felony offense, the court may provide that the person
must register for the rest of his or her life. The bill also requires a person to register
for the rest of his or her life if he or she has been convicted in this state of first or
second degree sexual assault, first or second degree sexual assault of a child or
repeated sexual assault of a child or if the person has been convicted by another
jurisdiction of any crime that is comparable to first or second degree sexual assault,
first or second degree sexual assault of a child or repeated sexual assault of a child.

In addition, the bill specifies the length of the registration period for persons
who are newly subject to the registration requirements (see item 2., above):

a. A person who must register as a sex offender because he or she has been
placed on lifetime supervision generally must register for the rest of his or her life.

---

However, if a court decides to terminate the lifetime supervision of the person, the
court may also order that the person no longer has to register as a sex offender.

b. A juvenile who has been adjudicated delinquent in another state based on
a sex offense and who is under supervision in this state under the interstate compact
on the placement of juveniles must register until 15 years after being discharged
from the supervision or for as long as he or she is in this state, whichever is less.

c. A person who is registered as a sex offender in another state or with the FBI
and who is living in this state or is temporarily in this state while working or going
to school generally must register for as long as he or she is in this state or for as long
as he or she is required to register with the other state or the FBI, whichever is less.
If the person is required to register with the other state or the FBI for less than ten
years from the date he or she was released from confinement or placed on supervision
for the sex offense, then the person must register for as long as he or she is in this
state or for ten years from the date of being released or placed on supervision,
whichever is less.

d. A person who has been convicted of a sex offense or found not guilty by reason
of mental disease or defect of a sex offense in another state, in federal court, in a
military court or in a tribal court and who is living in this state or is temporarily in
this state while working or going to school must register for as long as he or she is
in this state or for ten years from the date of being released or placed on supervision,
whichever is less.

5. Changes in the exemption to registration. Currently, a person may ask a court
to exempt him or her from the sex offender registration requirements if the following
apply: a) the person is required to register based on a sexual assault of a child that
he or she committed before reaching the age of 19; b) the victim was within four years
of age of the offender; and c) the court determines that it is not necessary, in the
interest of public protection, to require the person to register as a sex offender. This
bill restricts the coverage of the exemption from the sex offender registration
requirements by providing that a person is not eligible for an exemption if the sexual
assault of the child involved sexual intercourse with a child under the age of 12 or
sexual intercourse by the use or threat of force or violence.

6. Collection and verification of information for the registry. The bill allows
DOC to require a person registered as a sex offender to verify, in a manner
determined by DOC, the accuracy of any information that the person has provided
to DOC for inclusion in the registry. In addition, the bill allows DOC to require the
person to provide a photograph, fingerprints and other information for inclusion in
the registry. The person may be ordered to appear at any place necessary to collect
the photograph, fingerprints or other information, including a police station.

7. Penalty and prosecution for failing to comply with the registration
requirements. Under current law, a person who intentionally fails to comply with the
sex offender registration requirement may be fined not more than $10,000 or
imprisoned for not more than nine months or both. This bill provides that a person
who knowingly fails to comply with the requirements is subject to the current penalty
for a first offense, while for a second or subsequent offense the person may be fined
not more than $10,000 or imprisoned for not more than five years or both. If the

---

criminal penalties study committee's recommendations concerning felony penalties
are enacted, the penalty for a second or subsequent offense will be a fine of not more
than $10,000 or imprisonment for not more than six years or both.

Also, current law requires that a prosecution against a person for failing to
comply with the registration requirements must be brought in either the person's
county of residence or any county in which the person resided while subject to the
registration requirements. This bill provides that a person may also be prosecuted
in any county in which the person went to school or worked while subject to the
requirements, in the county in which the person committed a sex offense that is the
basis for the registration requirement, or, if applicable, in the county in which the
person was found to be a sexually violent predator.

Under current law, the information in the sex offender registry is generally
confidential. However, when a person first registers as a sex offender or when a
registered sex offender updates information in the registry, DOC must make the
information available to local law enforcement agencies. A local law enforcement
agency may in turn release information from the registry that it has received (other
than information concerning children who are required to register and information
concerning juvenile adjudications for sex offenses) if the local law enforcement
agency believes that release of the information is necessary to protect to the public.
In addition, DOC and other state agencies may release certain information to
specified community organizations and to members of the general public if an
organization or a member of the general public requests the information.

This bill requires DOC to establish an Internet site containing information
from the sex offender registry. The Internet site must be organized in a manner that
allows a person to get the information that DOC is currently authorized or required
to provide to the person. In addition, the site may provide access to any other
information that DOC determines is necessary to release for protection of the public.
DOC is also required to keep the site secure against unauthorized alteration.

Under current law, if a person who is registered as a sex offender is on
probation, parole or extended supervision, DOC may require, as a condition of the
person's probation, parole or extended supervision, that the person submit to a lie
detector test when directed to do so by DOC. This bill allows DOC to require a person
to submit to a lie detector test while the person is in a correctional institution as a
part of the person's correctional programming or the person's care or treatment, if the
person will be required to register as a sex offender upon his or her release from the
institution.