Saf-C 5500 Sexual Offend

CHAPTER Saf-C 5500 SEXUAL OFFENDER/OFFENDER AGAINST CHILDREN REGISTRATION UNDER LENS SYSTEM

Statutory Authority: RSA 651-B:7, IV; RSA 651-B:8

REVISION NOTE:

Document #6358, effective 10-22-96 replaced existing rules Saf-C 1200 entitled "Sexual Offender Registration" under LENS System and were authorized by RSA 632-A:18. 1996 NH Laws 292 repealed RSA 632-A:11-19. RSA Chapter 651-B (1996 NH Laws 292) requires registration by sexual offenders and offenders against children and provides a new rulemaking authority, RSA 651-B:8

PART Saf-C 5501 DEFINITIONS

Saf-C 5501.01 "Department" means "department" as defined in RSA 651-B:1, I.

Source. #5537, eff 1-1-93; ss by #6314, EMERGENCY eff 8-9-96, EXPIRES: 12-7-96; ss by #6324, INTERIM eff 8-22-96, EXPIRES: 12-20-96; ss by #6358, eff 10-22-96; ss by #6919, INTERIM, eff 1-1-99, EXPIRES: 5-1-99; ss by #6990, EMERGENCY, eff 4-30-99, EXPIRES: 8-28-99; ss by #7066, eff 7-28-99

Saf-C 5501.02 "Division" means "division" as defined in RSA 651-B:1, II.

Saf-C 5501.03 "Form DSSP 311" means the form that contains information required for original registration, annual registration and change of address of sexual offenders/offenders against children.

Saf-C 5501.04 "LENS" means the law enforcement name search system.

Saf-C 5501.05 "List" means the document that is available to the public as provided in RSA 651-B:7 and maintained by the department based upon sexual offender/offender against children registration information collected and verified by the local law enforcement agency.

Saf-C 5501.06 "Local law enforcement agency" means "local law enforcement agency" as defined in RSA 651-B:1, IV.

Saf-C 5501.07 "Offender against children" means "offender against children" as defined in RSA 651-B:1, V.

Saf-C 5501.08 "Residence" means "residence" as defined in RSA 21:6-a.

Source. #7066, eff 7-28-99

Saf-C 5501.09 "Sexual offender" means "sexual offender" as defined in RSA 651-B:1, III.

Source. #7066, eff 7-28-99

PART Saf-C 5502 CERTAIN CRIMINAL OFFENDER REGISTRATION

Saf-C 5502.01 Registration.

(a) Every sexual offender, irrespective of the date of conviction of the offense listed in RSA 651-B:1, III, shall register with the division when:

(1) Released into the community as provided in RSA 651-B:3 on or after July 16, 1993;

(2) Released but has not completed his/her sentence before July 16, 1993;

(3) Completed his/her sentence not more than 6 years before January 1, 1994; or

(4) Transferred to any community-based residential program on or after January 1, 1999.

(b) Every offender against children, irrespective of the date of the conviction of the offense listed in RSA 651-B:1, V, shall register with the division when:

(1) Released into the community as provided in RSA 651-B:3 on or after August 9, 1996;

(2) Released but has not completed his/her sentence before August 9, 1996; or

(3) Transferred to any community-based residential program on or after January 1, 1999.

(c) Pursuant to RSA 651-B:1, III(b) or RSA 651-B:1, V(c), the department shall determine whether a law of another jurisdiction is reasonably equivalent to a violation listed in RSA 651-B:1, III(a) or RSA 651-B:1, V(a) and (b), by making a comparison of the elements of the New Hampshire statute to the elements of the other jurisdiction's statute. The text of the elements of the law of the other jurisdiction shall be analogous but not necessarily exactly the same as the elements of the statutes listed in RSA 651-B:1, III(a) or RSA 651-B:1, V(a) and (b), of the law of another jurisdiction to be deemed as reasonably equivalent.

Source. #5537, eff 1-1-93; ss by #5689, INTERIM eff 8-20-93, EXPIRES: 12-18-93; ss by #5727, eff 10-22-93; amd by #5776, eff 1-25-94; ss by #6314, EMERGENCY eff 8-9-96, EXPIRES: 12-7-96; ss by #6324, INTERIM eff 8-22-96, EXPIRES: 12-20-96; ss by #6358, eff 10-22-96; ss by #6919, INTERIM, eff 1-1-99, EXPIRES: 5-1-99; ss by #6990, EMERGENCY, eff 4-30-99, EXPIRES: 8-28-99; ss by #7066, eff 7-28-99

PART Saf-C 5503 ORIGINAL REGISTRATION

Saf-C 5503.01 Notice of Reporting Requirement.

(a) Upon release of any sexual offender/offender against children, the official in charge of such release shall inform the sexual offender/offender against children of the following:

(1) The sexual offender/offender against children's duty to report to the local law enforcement agency having jurisdiction over his/her place of residence, pursuant to RSA 651-B:3, I;

(2) The sexual offender/offender against children's duty to report to the appropriate out-of-state law enforcement agency in the event he/she moves outside of the state of New Hampshire, pursuant to RSA 651-B:4; and

(3) The sexual offender/offender against children's duty to report any change of address, pursuant to RSA 651-B:5.

Saf-C 5503.02 Original Registration Requirements.

(a) Upon release of any sexual offender/offender against children, the official in charge shall provide the following information on form DSSP 311:

(1) Indication as to whether:

a. A photograph of the sexual offender/offender against children was taken; or

b. Fingerprints of the sexual offender/offender against children were taken;

(2) The sexual offender/offender against children's name, and if applicable any alias;

(3) The sexual offender/offender against children's date and place of birth;

(4) The sexual offender/offender against children's:

a. Height;

b. Weight;

c. Sex;

d. Eye color;

e. Hair color; and

f. Race;

(5) Conviction data, which shall contain the following information:

a. The arresting agency;

b. The date of offense;

c. The prosecuting agency;

d. The court docket number;

e. The charges convicted of;

f. The victim's:

1. Date of birth at the time of the offense; or

2. Age;

g. The date of conviction; and

h. The date parole/probation expires;

(6) Release data, which shall contain the following information:

a. The address where the sexual offender/offender against children expects to reside upon discharge;

b. The name, address, and phone number of the supervising parole/probation officer;

c. The sexual offender/offender against children's occupation and employer's address, if known; and

d. The name and address of the school where the sexual offender/offender against children is attending, if applicable;

(7) The sexual offender/offender against children's signature acknowledging receipt of notice of reporting requirement;

(8) Indication as to whether the sexual offender/offender against children's conviction(s) were confirmed through or by any of the following sources:

a. Criminal record check, including the FBI number;

b. Probation officer; or

c. Court documents; and

(9) The official's signature, and date of signature, acknowledging service of notice of reporting requirement to the sexual offender/offender against children.

(b) The official in charge or parole/probation officer shall immediately notify the division if a sexual offender/offender against children is returned to the New Hampshire department of corrections or county department of corrections after having been released.

Saf-C 5503.03 Distribution of DSSP 311.

(a) Within 3 days of completion of form DSSP 311, the official in charge shall distribute the form in the following manner:

(1) A copy to the sexual offender/offender against children;

(2) The original to the official; and

(3) A copy to the division of state police, intelligence unit, 33 Hazen Drive, Concord, NH 03305.

(b) Within 3 days of receipt of the copy of the form, the division shall:

(1) Enter the information into LENS; and

(2) Forward a copy to the local law enforcement agency or appropriate out-of-state law enforcement agency having jurisdiction over the place the sexual offender/offender against children expects to reside upon discharge.

Saf-C 5503.04 Sexual Offenders/Offenders Against Children Moving to New Hampshire.

(a) Upon receipt from any out-of-state or local law enforcement agency that a sexual offender/offender against children has moved into New Hampshire, the division shall locate and serve notice upon the sexual offender/offender against children of his/her duty to report.

(b) Once notice has been served upon the sexual offender/offender against children, the division, pursuant to RSA 651-B:3, II, shall comply with the requirements of Saf-C 5503.02 and Saf-C 5503.03.

(c) The division shall obtain a complete set of fingerprints and a photograph of the sexual offender/offender against children.

Saf-C 5503.05 Nonresident Sexual Offenders/Offenders Against Children Reporting Requirements.

(a) Pursuant to RSA 651-B:4,I(b), any nonresident sexual offender/offender against children shall be required to register, pursuant to law and these rules, if:

(1) The nonresident sexual offender/offender against children enters this state for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year; and

(2) The purpose of the sexual offender/offender against children's presence in the state is for:

a. Employment, with or without compensation; or

b. Attendance at any public or private educational institution.

(b) The nonresident sexual offender/offender against children shall register, within 10 days of entering the state, with the:

(1) Local law enforcement agency having jurisdiction over the place of employment or school; or

(2) Division, if there is no principal place of employment within the state, at Sex Offender Registry, 33 Hazen Drive, Concord, N.H.

(c) The local law enforcement agency or division, pursuant to (b) above, shall comply with the requirements of Saf-C 5503.02(a), Saf-C 5503.03, and Saf-C 5504.01.

(d) Pursuant to RSA 651-B:5, II, nonresident sexual offenders/offenders against children required to register under RSA 651-B:4, I(b) and these rules, shall also report any change of residence, place of employment or schooling, or name or alias to the local law enforcement agency to which he or she last reported under RSA 651-B:4. For the purposes of this section, the provisions of Saf-C 5504.03 shall apply.

Source. #7649, eff 2-20-02

Saf-C 5504.01 Annual Registration Requirements.

(a) Every sexual offender/offender against children shall appear at the local law enforcement agency to report to a law enforcement official.

(b) The law enforcement official shall provide the following on form DSSP 311:

(1) Information as specified in Saf-C 5503.02(a)(1)-(4);

(2) The sexual offender/offender against children's current mailing address and place of residence;

(3) The sexual offender/offender against children's occupation and employer's address;

(4) The sexual offender/offender against children's conviction offense;

(5) The name and address of the school where the sexual offender/offender against children is attending, if applicable; and

(6) The signature, and date of signature, of the law enforcement official at a local law enforcement agency who completes form DSSP 311.

(c) Unless it can be determined from the original registration, the local law enforcement agency shall verify the conviction offense, excluding out-of-state convictions, of the sexual offender/offender against children, through one of the following methods:

(1) Conducting a criminal record check and obtaining the FBI number;

(2) Verifying the conviction through documents from the court in which the conviction occurred; or

(3) Contacting the sexual offender/offender against children's probation officer.

(d) The sexual offender shall sign form DSSP 311 indicating his or her acknowledgment of the requirements to register pursuant to RSA 651-B.

(e) Annual registration shall be within 30 days after each anniversary of the sexual offender/offender against children's date of birth.

(f) Pursuant to RSA 651-B:4, I(a)(2), the law enforcement agency shall require the sexual offender/offender against children to submit to a photograph taken by the law enforcement agency each time the sex offender/offender against children is required to report to the law enforcement agency under Chapter 651-B.

Saf-C 5504.02 Distribution of DSSP 311.

(a) Within 3 days of completion of form DSSP 311, the local law enforcement agency shall distribute the form as specified in Saf-C 5503.03(a).

(b) Within 3 days of receipt of the copy of the form, the division shall enter the information into LENS.

Saf-C 5504.021 Distribution of Photograph. The law enforcement agency shall forward a copy of the photograph taken in accordance with Saf-C 5504.01(f), together with the sex offender/offender against children's registration.

Source. #7982, INTERIM eff 10-30-03, EXPIRED: 4-27-04

New. #8083, eff 5-11-04

Saf-C 5504.03 Change of Information.

(a) If a sexual offender/offender against children changes his/her address, name or alias, he/she shall, within 10 days of the change, appear at the local law enforcement agency to which he/she last reported and provide a written notification of the new address, name or alias.

(b) The local law enforcement official shall provide the following on form DSSP 311:

(1) Information as specified in Saf-C 5504.01(b)(1)-(4);

(2) The sexual offender/offender against children's signature; and

(3) The signature of the law enforcement official.

(c) If the new place of residence is out of the jurisdiction of the local law enforcement agency to which the sexual offender/offender against children last reported, the sexual offender/offender against children shall notify the local law enforcement agency having jurisdiction at the new place of residence, as provided in Saf-C 5504.01, within 30 days.

(d) If an out-of-state sexual offender/offender against children moving into New Hampshire reports for the first time to the local law enforcement agency having jurisdiction over his/her new place of residence, the local law enforcement agency shall comply with the requirements of this section.

(e) Within 3 days of completion of form DSSP 311, the local law enforcement agency to which the sexual offender/offender against children last reported, shall distribute the form as specified in Saf-C 5503.03(a).

(f) Within 3 days of receipt of the copy of the form, the division shall:

(1) Enter the information into LENS; and

(2) Notify the local law enforcement agency or appropriate out-of-state law enforcement agency having jurisdiction over the sexual offender/offender against children's new place of residence.

PART Saf-C 5505 DISSEMINATION OF INFORMATION BY LAW ENFORCEMENT AGENCIES

Saf-C 5505.01 List.

(a) The division shall maintain a separate list of any sexual offender/offender against children registered pursuant to the provisions of Saf-C 5502 for a conviction of one of the following offenses:

(1) RSA 632-A:2, I(l);

(2) RSA 632-A:2, II-III;

(3) RSA 632-A:3, II, provided that the age difference between the sexual offender/offender against children and the victim was more than 3 years at the time of the offense;

(4) RSA 632-A:3, III;

(5) RSA 645:1, II-III;

(6) Any offense described in RSA 651-B:1, V; or

(7) Equivalent offense of any other state or the federal government.

(b) The list shall include the following information:

(1) The sexual offender/offender against children's name, date of birth, and last known address;

(2) Conviction data, which shall contain the following information:

a. The offense(s) convicted of;

b. The date of conviction; and

c. The court in which the conviction occurred;

(3) Outstanding arrest warrants for any sex offender/offender against children who has not complied with the offender's obligation to register under Chapter 651-B and these rules;

(4) A physical description of the sexual offender/offender against children; and

(5) If available, a photograph of the sexual offender/offender against children.

(c) Once each month, the commissioner of the department of corrections and the superintendent of each county department of corrections shall, pursuant to RSA 651-B:7, III, forward to the division a statement identifying any sexual offender/offender against children convicted of an offense set forth in (a) above who is confined in a facility under the control of the department of corrections and who is on unsupervised work detail or other assignment which might bring him/her into contact with members of the public, to be included on the list.

(d) The statement referred to in (c), above shall include the following:

(1) The information set forth in (b), above;

(2) The sexual offender/offender against children's date of birth;

(3) The nature of the unsupervised work detail or other assignment; and

(4) The location of the unsupervised work detail or other assignment which might bring the sexual offender/offender against children into contact with members of the public.

(e) The commissioner of the department of corrections and the superintendent of each county department of corrections shall immediately notify the division when a sexual offender/offender against children is no longer on an unsupervised work detail or other assignment which might bring him/her into contact with members of the public, so that he/she can be removed from the list.

(f) The division shall provide a copy of the list to each local law enforcement agency once each month.

(g) The local law enforcement agency shall immediately notify the division of errors on the list so that corrections can be made. In the event a sexual offender/offender against children needs to be removed from the list, the division shall immediately notify all local law enforcement agencies to remove the sexual offender/offender against children's name from the list.

Saf-C 5505.02 Availability of List to the Public.

(a) Pursuant to RSA 651-B:7, IV, local law enforcement agencies shall make the list forwarded to them by the division available to members of the public upon request.

(b) Pursuant to RSA 651-B:7, IV, members of the public may request the following from the local law enforcement agency:

(1) Information about a named sexual offender/offender against children identified on the list;

(2) Information about all listed sexual offenders/offenders against children residing or confined in the state; or

(3) The entire list.

(c) Local law enforcement agencies may impose a reasonable fee to defray the administrative costs of collecting the information and making the information on the list available to the public.

(d) Administrative costs shall include but not be limited to the following:

(1) Costs incurred as a result of conducting a criminal record check and verifying court documents;

(2) Costs incurred in distributing sexual offender/offender against children forms to the division; and

(3) Costs incurred in copying the list or portions of the list to members of the public upon request.

(e) Failure of a member of the public to pay any reasonable fee imposed by a local law enforcement agency shall result in the list or portions of the list requested not being made available.

(f) The division shall maintain the public list on the internet at the following address: http://www.state.nh.us/soupermail/secure/disclaimer.html.

New. #8083, eff 5-11-04

Saf-C 5505.03 Removal from Public List.

(a) Pursuant to RSA 651-B:7, VI, upon receipt of a certified copy of a court's order granting a sexual offender/offender against children removal from the public registry requirement, the department shall remove the sexual offender/offender against children's information, as set forth in Saf-C 5505.01 above, from the list.

(b) Nothing in this section shall remove any of the registration requirements set forth in RSA 651-B:6.

New. #8083, eff 5-11-04

Saf-C 5505.04 RESERVED

PART Saf-C 5506 HEARINGS

Saf-C 5506.01 Complaint and Hearing.

(a) Pursuant to RSA 651-B:10, any sexual offender/offender against children convicted of an offense in another state or under federal law who wishes to appeal a decision of the division regarding the division's determination that the offense is reasonably equivalent to an offense requiring registration under 651-B and these rules, including the duration of the duty to report may, within 10 days of notification by the division, request a hearing in front of the commissioner or his designee.

(b) Hearings shall be conducted in accordance with Saf-C 203.

Source. #7982, INTERIM eff 10-30-03, EXPIRED: 4-27-04

New. #8083, eff 5-11-04

Saf-C 5506.02 Scope of Hearing.

(a) The scope of the hearing shall be limited to a determination of:

(1) Whether the offense in another state or under federal law is reasonably equivalent to an offense requiring registration under Chapter RSA 651-B and these rules; or

(2) The duration of the duty to report.

Source. #7982, INTERIM eff 10-30-03, EXPIRED: 4-27-04

New. #8083, eff 5-11-04

Saf-C 5506.03 Hearing Outcome. All decisions of the commissioner shall be final.

Source. #7982, INTERIM eff 10-30-03, EXPIRED: 4-27-04

New. #8083, eff 5-11-04

APPENDIX

Rule	Specific State or Federal Statutes or Regulations which the Rule is Intended to Implement
Saf-C 5501.01	RSA 651-B:1, I
Saf-C 5501.02	RSA 651-B:1, II
Saf-C 5501.03	RSA 541-A:16
Saf-C 5501.04	RSA 651-B:1, IV
Saf-C 5501.05	RSA 651-B:1, V
Saf-C 5501.06	RSA 21:6-a
Saf-C 5501.07	RSA 651-B:1, III
Saf-C 5502.01	RSA 651-B:1, III RSA 651-B:1, V RSA 651-B:3
Saf-C 5503.01	RSA 651-B:3, I RSA 651-B:4
Saf-C 5503.02(a)	RSA 541-A:16, I(b)(1)
Saf-C 5503.02(b)	RSA 651-B:2, I
Saf-C 5503.04	RSA 651-B:3, I RSA 651-B:4, I
Saf-C 5503.05	Chapter 233, Laws of 2001
Saf-C 5504.01(a)	RSA 651-B:3, I RSA 651-B:4, I
Saf-C 5504.01(b)-(d)	RSA 541-A:16, I(b)(1)
Saf-C 5504.01(e)	RSA 651-B:4, I
Saf-C 5504.01(f)	RSA 651-B:4, I(a)(2)
Saf-C 5504.021	RSA 651-B:4, I(a)(2)
Saf-C 5505.01(a)	RSA 651-B:7, II(a)
Saf-C 5505.01(b)	RSA 651-B:7, II(b)(1)
Saf-C 5505.01(c)-(e)	RSA 651-B:7, III
Saf-C 5505.01(f) & (g)	RSA 651-B:7, IV
Saf-C 5505.02	RSA 651-B:7, IV
Saf-C 5503.03	RSA 651-B:7, VI
Saf-C 5505.04 (repeal)	RSA 651-B:7, IV
Saf-C 5506	RSA 651-B:10