§ 11-37.1-12. Rules and regulations for community notification. [Effective July 1, 2020.] (a) The parole board shall promulgate guidelines and procedures for notification required pursuant to the provisions of this section.

(b) The regulations shall provide for three (3) levels of notification depending upon the risk of re-offense level of the sex offender determined by the sex offender board of review as outlined in § 11-37.1-6(1)(b):

(1) If risk of re-offense is low, law enforcement agencies and any individuals identified in accordance with the parole board guidelines shall be notified;

(2) If risk of re-offense is moderate, organizations in the community likely to encounter the person registered shall be notified in accordance with the parole board's guidelines, in addition to the notice required by subsection (b)(1);

(3) If risk of re-offense is high, the members of the public likely to encounter the person registered shall be notified through means in accordance with the parole board's guidelines designed to reach members of the public likely to encounter the person registered, in addition to the notice required by subsections (b)(1) and (b)(2).

(4) The designated state law enforcement agency is authorized and directed to utilize the Rhode Island state police website and the Rhode Island unified court system website for the public release of identifying information of level two and level three sex offenders who have been convicted, provided that no identifying information of a juvenile shall be listed on the website.

(i) The website shall have the capability of conducting searches by name, county, city, and town; and zip code and/or geographic radius.

(ii) The website shall include:

(A) Links to sex offender safety and education resources;

(B) Instructions on how a person can seek correction of information that the individual contends is erroneous;

(C) A warning that the information contained on the website should not be used to unlawfully injure, harass, or commit a crime against any individual named in the registry or residing or working at any reported addresses and that any such action could result in civil or criminal penalties; and

(D) All field search capabilities needed for full participation in the Dru Sjodin National Sex Offender Public website and shall participate in that website as provided by the attorney general of the United States.

(iii) The following information regarding the person required to register under this chapter shall be made available to the public on the website:

(A) Notice that the person is in violation of his or her registration requirements or cannot be located if the person has absconded;

(B) All offenses that require registration under this chapter for which the person has been convicted;

(C) The offense(s) for which the person is currently registered;

(D) The name of the person, including all aliases;

(E) A current photograph of the person;

(F) A physical description of the person; and

(G) The person's residential addresses and, if relevant, a description of a location where the person habitually lives or sleeps, and if the person is homeless;

(H) The following information shall not be available to the public on the sex offender registry website:

(I) Any arrest that did not result in conviction;

(II) The person's social security number;

(III) Any travel documents;

(IV) The identity of the victim;

(V) Internet identifiers (as defined in 42 U.S.C. § 16911); and

(VI) Any information of a person who was adjudicated delinquent of an offense requiring registration.

(iv) For persons who are under a witness protection program, the designated state law enforcement agency may honor the request of the United States Marshals Service or other agency responsible for witness protection by not including the original identity of the person on the publicly accessible sex offender registry website.

(5) Notwithstanding any other provision of law, the sex offender review board shall have access to all relevant records and information in the possession of any state official or agency having a duty under § 11-37.1-5(a)(1) through (6) relating to juvenile and adult offenders under review by the sex offender review board, including, but not limited to: police reports; prosecutors statements of probable cause; pre-sentence investigations and reports; complete judgments and sentences; current classification referrals; juvenile and adult criminal history records; violation and disciplinary reports; all psychological evaluations and psychiatric evaluations; psychiatric hospital records; sex offender evaluations and treatment reports; and substance abuse evaluations and treatment reports to the extent allowed by federal law. Records and information obtained by the sex offender review board under this subsection shall remain confidential, provided that the parole board may disclose the records and information to the board of review, the sentencing court, and law enforcement agencies in accordance with the provisions of this chapter.

History of Section. (P.L. 1996, ch. 104, § 1; P.L. 1999, ch. 255, § 1; P.L. 2000, ch. 360, § 1; P.L. 2001, ch. 180, § 8; P.L. 2003, ch. 162, § 1; P.L. 2003, ch. 170, § 1; P.L. 2005, ch. 80, § 1; P.L. 2018, ch. 157, § 1; P.L. 2018, ch. 259, § 1.)