CHAPTER
Saf-C 5500
SEXUAL OFFENDER OR 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repealed RSA 632-A:11-19.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 “Commissioner” means the
commissioner of the New Hampshire department of safety or the commissioner’s
designee.
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,
EXPIRED: 7-28-07
New. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C
5501.02 "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,
EXPIRED: 7-28-07
New. #10121, eff 4-25-12 (from Saf-C
5501.01); #13504, eff 12-9-22
Saf-C
5501.03 "Division" means
"division" as defined in RSA 651-B: 1, II.
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,
EXPIRED: 7-28-07
New. #10121, eff 4-25-12 (from Saf-C
5501.02); ss by #13504, eff 12-9-22
Saf-C
5501.04 "Form DSSP 311" means
the “Offender Registration Information” form revised November 2022, whether
written or electronic, that contains notice to the offender of the duty to
report and the offender’s required information for initial registration, annual registration,
semi-annual registration, quarterly registration, and any changes of
information pursuant to RSA 651-B.
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 and moved by #7066,
eff 7-28-99 (from Saf-C 5501.03), EXPIRED: 7-28-07
New.
#10121, eff 4-25-12 (from Saf-C 5501.03); ss by #13504, eff 12-9-22
Saf-C
5501.05 “Initial registration” means
notification of the duty to register as set forth in RSA 651-B:3.
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),
EXPIRED: 7-28-07
New. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C
5501.06 "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 or offender against
children registration information collected and verified by the local law
enforcement agency.
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,
EXPIRED: 7-28-07
New. #10121, eff 4-25-12 (from Saf-C
5501.05); ss by #13504, eff 12-9-22
Saf-C 5501.07 "Local law enforcement agency"
means "local law enforcement agency" as defined in RSA 651-B:1, III.
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,
EXPIRED: 7-28-07
New. #10121, eff 4-25-12 (from Saf-C
5501.06); ss by #13504, eff 12-9-22
Saf-C
5501.08 "Offender against
children" means "offender against children" as defined in RSA
651-B:1, VI.
Source. #7066, eff 7-28-99, EXPIRED: 7-28-07
New. #10121, eff 4-25-12 (from Saf-C
5501.07); ss by #13504, eff 12-9-22
Saf-C
5501.09 “Offense against a child” means
“offense against a child” as defined in RSA 651-B:1, VII.
Source. #7066, eff 7-28-99, EXPIRED: 7-28-07
New. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C
5501.10 "Required to register''
means “required to register” as defined in RSA 651-B:1, XI.
Source. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C
5501.11 “Residence” means “residence” as
defined in RSA 651-B:1, XIII.
Source. #10121, eff 4-25-12 (from Saf-C
5501.08); ss by #13504, eff 12-9-22
Saf-C
5501.12 "Sexual offender"
means "sexual offender" as defined in RSA 651-B:1, IV.
Source. #10121, eff 4-25-12 (from Saf-C
5501.09); ss by #13504, eff 12-9-22
Saf-C 5501.13 “Sexual offense” means “sexual offense” as
defined in RSA 651-B:1, V.
Source. #10121, eff 4-25-12 (from Saf-C
5501.09); ss by #13504, eff 12-9-22
Saf-C
5501.14 “Sex Offender Registry (SOR)”
means the division’s sex offender system pursuant to RSA 651-B.
Source. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C
5501.15 “Tier I Offender” means “tier I
offender” as defined in RSA 651-B:1, VIII.
Source. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C
5501.16 “Tier II Offender” means “tier
II offender” as defined in RSA 651-B:1, IX.
Source. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C
5501.17 “Tier III Offender” means “tier
III offender” as defined in RSA 651-B:1, X.
Source. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
PART
Saf-C 5502
CERTAIN CRIMINAL OFFENDER REGISTRATION
Saf-C
5502.01 Registration.
(a)
Every sexual offender, irrespective of the date of the conviction of the
sexual offense(s) listed in RSA 651-B:1, V, shall register when he or she is
released into the community as provided in RSA 651-B:3.
(b)
Every offender against children, irrespective of the date of the
conviction of the offense(s) listed in RSA 651-B: 1, VII, shall register when
released into the community as provided in RSA 651-B:3.
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, EXPIRED: 7-28-07
New. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C
5502.02 Determining Registration
Requirement for Offenders with Out of State Offenses.
(a)
When determining the registration requirement of a sexual offender or
offender against children based upon the law of another jurisdiction reasonably
equivalent to a violation listed in RSA 651-B:1, V(a), VII (a), or VII(b), the
division shall compare the elements of the offense of conviction to the
elements of a violation listed in RSA 651-B:1, V(a), VII(a) or VII(b). The elements of the offense under the law of
the other jurisdiction shall be analogous to, but not necessarily exactly the same as, the elements of a
(b)
In conducting the analysis in (a) above, the division shall review all
relevant information including but not limited to the following:
(1) The sexual offender or offender against
children’s criminal record;
(2) The applicable out of state laws and
(3) Court records; and
(4) Any admissions by the sexual offender or
offender against children.
(c)
If after conducting the analysis in (a) above, the division is unable to
determine a New Hampshire offense reasonably equivalent to the offender’s out
of state offense, the division shall next determine whether the sexual offender
or offender against children is required to register pursuant to the law in the
jurisdiction where the offense occurred, in accordance with RSA 651-B:1, V(c)
and RSA 651-B:1, VII (d), respectively.
(d)
In conducting the analysis in (c) above, the division shall review all
relevant information set forth in (b) above.
In addition, if necessary, the division shall contact the sex offender
registry of the jurisdiction where the offense occurred.
(e)
Notwithstanding any rule to the contrary:
(1) No offender with an out of state conviction
shall be required to register as a sex offender or offender against children in
this state solely for an offense where the offender engages in sexual
penetration with a person, other than the actor's legal spouse, who is 13 years
of age or older and under 16 years of age where the age difference between the
offender and the other person is 4 years or less; and
(2) No juvenile required to register pursuant to
RSA 651-B:1, XI (a)(4) shall be required to register beyond the age of 17 in
this state.
(f)
Notwithstanding any rule to the contrary, nothing in this section shall
prohibit the division from considering any admissions by the sex offender or
offender against children or from reviewing any reasonably reliable document to
include any indictment, complaint, juvenile petition, mittimus, court orders,
court documents or police investigation reports in order to
determine the age of the victim at the time of the sexual offender or offender
against children’s offense.
Source. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C
5502.03 Determining Applicable Tier
for Sexual Offenders and Offenders Against Children.
(a)
If the division determines that a sexual offender or offender against
children is required to register, the division shall determine whether the
offender is required to register as a tier I, tier II, or tier III offender.
(b)
For the purposes of determining the appropriate tier pursuant to RSA
651-B:1, VIII(c), RSA 651-B:1, IX, (c) or RSA 651-B:1, X(e), the division shall
consider the following:
(1) The nature of other offenses that are
currently listed in each tier;
(2) The seriousness of the offender's offense;
(3) The extent to which public safety would be furthered;
(4) Whether the victim was a minor when the offense
occurred; and
(5) Any other relevant factors.
(c)
When determining the appropriate tier for a sexual offender or offender
against children based upon multiple qualifying offenses, offenses arising from
a single criminal episode shall constitute one qualifying offense.
(d)
The division shall consider multiple offenses to be a single criminal
episode if the conduct underlying the offenses is continuous and uninterrupted
conduct and is so joined in time, place, and circumstances that such conduct is
directed to the accomplishment of a single criminal objective.
(e)
For the purposes of (d) above, the division shall consider the following
factors in determining if multiple offenses constitute a single criminal
episode:
(1) It is possible to discern the point at which
the first offense is completed and the subsequent point at which the second
offense begins;
(2) It would have been possible for the offender
to cease his or her conduct after the first offense and withdraw without
committing the second offense;
(3) Whether there is a single victim or there are multiple victims; and
(4) The offenses are committed in different
locations.
(f)
In determining the appropriate tier for multiple qualifying offenses, in
addition to considering the factors in (b) above, the division shall consider
the specific conduct of the offender that formed the basis of the conviction,
as apparent from the indictment, complaint, juvenile petition, other charging
instrument, mittimus, court orders, court documents, or police investigation
reports.
Source. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C
5502.04 Review of Registration
Requirement.
(a)
Any sexual offender or offender against children who is required to
register pursuant to RSA 651-B:1, V(c) or RSA 651-B:1, VII(d), may request in
writing that the division review his or her registration requirement when he or
she has a good faith belief that he or she is no longer required to register
pursuant to the law in the jurisdiction where the offense occurred.
(b)
Upon receipt of a request pursuant to (a) above, the division shall
review the sexual offender or offender against children’s registration
requirements in accordance with RSA 651-B and these rules.
Source. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
PART
Saf-C 5503
INITIAL NOTICE OF REGISTRATION
REVISION NOTE:
Document #13104, effective 9-15-20, readopted
with amendments Form DSSP 311 “Offender Registration Information” pursuant to the
expedited revisions to agency forms process in RSA 541-A:19-c. Document #13104 also updated the revision date
on the form from “01/09” to “07/20” to reflect the amendments made to the form.
Pursuant to RSA 541-A:19-c, the
requirements in Form DSSP 311 had been set forth in Saf-C
5503.01(d)(2) and Saf-C 5503.02, but they were
superseded by the requirements as stated on form DSSP 311 in Document #13104.
Document #13170, effective 2-19-21, subsequently
readopted with amendments Saf-C 5503.02 titled “Form
DSSP 311 for Offender Registration Information and Form DSSP 311A Supplemental
Form for Offender Registration Information” through the regular rulemaking process.
Instead of continuing to set forth the
requirements of the forms in Saf-C 5503.02, Document
#13170 incorporated the Forms DSSP 311 and DSSP 311A by reference pursuant to
RSA 541-A:19-b with specific revision dates of “07/20” and “02/21”, respectively,
on the forms. Saf-C
5503.02 incorporates by reference Form DSSP 311 “as amended July 2020” and Form
DSSP 311A “as amended February 2021”. The
revision date of 07/20 on Form DSSP 311 did not change because that form has not
been amended since Document #13104. But the
revision date for Form DSSP 311A has been updated from 01/11 to 2/21 because that
form was amended.
Saf-C
5503.01 Notice of Reporting
Requirement.
(a)
Pursuant to RSA 651-B:3,I, when a person is convicted of a sexual
offense or offense against a child that results in the person being required to
register in accordance with RSA 651-B and these rules, the court shall notify
the offender on the Notice of Requirement to Register as a Sex Offender, NHJB-2587-DS,
to advise the offender of his or her duty to report. The offender shall sign the notice as
acknowledgment that he or she has received a copy of such notice. The court shall forward a copy of the Notice
of Requirement to Register as a Sex Offender, to the division along with a copy
of any indictment, complaint, juvenile petition, mittimus, or other court
orders for each offense for which he or she was convicted. The division shall enter such information
into the SOR.
(b)
Upon release of any inmate at the department of corrections, including
sexual offender or offender against children, the official in charge of such
release shall run a criminal history check to determine whether that person is
required to register as a sex offender or offender against children.
(c)
If the inmate to be released is required to register as a sexual
offender or offender against children, the official in charge shall inform the
sexual offender or offender against children of the following:
(1) The sexual offender or offender against
children's duty to report to the local law enforcement agency having
jurisdiction over his or her place of residence, pursuant to RSA 651-B:4, I;
(2) The sexual offender or offender against
children's duty to report to the appropriate out-of-state law enforcement
agency in the event he or she moves outside of the state of New Hampshire,
pursuant to RSA 651-B:5; and
(3) The sexual offender or offender against
children's duty to report any change of information, pursuant to RSA 651-B:5.
(d)
Pursuant to RSA 651-B:3, the official in charge of the sex offender or offender
against children’s release shall obtain from the sexual offender or offender
against children:
(1) The address at which the sexual offender or offender
against children expects to reside upon release and report such address to the SOR;
(2) Acknowledgment in writing on form DSSP 311
that the sexual offender or offender against children has received notice of
his or her duty to report under RSA 651-B and these rules; and
(3) The required information, as set forth in RSA
651-B:4, III and RSA 651-B:4-a, on form DSSP 311 for registration of sexual
offender or offender against children.
(e)
Within 3 business 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 or offender
against children;
(2) The original to be retained by the official
in charge; and
(3) A copy to the SOR.
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; amd by #7649, eff 2-20-02; amd by #7982, INTERIM eff 10-30-03, EXPIRED: 4-27-04; ss by
#8083, eff 5-11-04; ss by #10121, eff 4-25-12; ss by #13170, eff 2-19-21 (see Revision
Note at part heading for Saf-C 5503); ss by #13504,
eff 12-9-22
Saf-C
5503.02 Form DSSP 311 for Offender Registration Information and Form DSSP
311A Supplemental Form for Offender Registration Information.
(a)
Sex offenders or offenders against children shall report information
required in form DSSP 311 “Offender Registration Information”, as amended November
2022, to officials in charge of their release from the department of
corrections and to local law enforcement agencies registering sex offenders or offenders
against children under RSA 651-B:3, I.
(b) The sex offender or offender against children
shall sign the DSSP 311, effective November 2022, and by signing the form, the
offender is acknowledging that he or she has read and understood all of the acknowledgments, and that all the information he
or she has provided on the form is correct.
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;
amd by #7649, eff 2-20-02; amd
by #7982, INTERIM eff 10-30-03, EXPIRED: 4-27-04; ss by #8083, eff 5-11-04; ss
by #10121, eff 4-25-12; ss by #13170, eff 2-19-21 (see Revision Note at part
heading for Saf-C 5503); ss by #13504, eff 12-9-22
Saf-C 5503.03 Division’s Responsibilities.
(a)
The division shall establish and maintain a registry of individuals
required to register pursuant to RSA 651-B.
(b)
Upon receipt of the copy of the DSSP 311, the division shall:
(1) Enter the information into the SOR database;
and
(2) Pursuant to RSA 651-B:3, 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 or offender
against children expects to reside upon discharge.
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,
EXPIRED: 7-28-07
New.
#10121, eff 4-25-12); ss by #13504, eff 12-9-22
Saf-C
5503.04 Sexual Offenders Or Offenders Against Children Moving to New Hampshire.
(a) Upon receipt of information from
any out-of-state law enforcement agency that a sexual offender or offender
against children has moved into New Hampshire, the division shall:
(1) Obtain the address at which the sexual
offender or offender against children expects to reside and inform the local
law enforcement agency; and
(2) Locate and serve notice upon the sexual
offender or offender against children of his/her duty to report.
(b)
If notice is served upon the sexual offender or offender against children,
the division, pursuant to RSA 651-B: 3, II, shall complete form DSSP 311 and
obtain the sexual offender or offender against children’s acknowledgement of
the offender’s duty to report.
(c)
Pursuant to RSA 651-B:4, IV, if not already on file, the division shall
obtain the following from the sexual offender or offender against children:
(1) A current photograph;
(2) A set of fingerprints and palm prints;
(3) DNA sample, unless one has already been provided;
or
(4) A photocopy of a valid driver’s license or
identification card.
(d)
The provisions of this rule shall not apply if the sexual offender or offender
against children has already registered with the local law enforcement agency
in which the offender resides or is located.
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;
ss by #7066, eff 7-28-99, EXPIRED: 7-28-07
New. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C
5503.05 Sexual Offenders Or Offenders Against Children Reporting Requirements.
(a)
Pursuant to RSA 651-B:4, I, within 5 business days after the person’s
release, or of establishing residence in New Hampshire, any sexual offender or offender
against children shall report in person to the local law enforcement agency
having jurisdiction over his or her primary residency.
(b)
Pursuant to RSA 651-B:4, II, any nonresident sexual offender or offender
against children shall be required to report, pursuant to law and these rules,
if the purpose of the sexual offender or offender against children's presence
in the state is for:
(1) Employment, with or without compensation; or
(2) Attendance at any public or private
educational institution.
(c)
The nonresident sexual offender or offender against children shall
register, within 5 business 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:
Department
of Safety
SOR
(d)
Each time a sexual offender or offender against children is required to
report, the offender shall provide all the information required on DSSP 311 to
the local law enforcement agency or division, as applicable. The sexual offender or offender against
children shall sign the completed form DSSP 311, which shall be an
acknowledgement of the offender’s duty to report.
(e)
Pursuant to RSA 651-B:5, sexual offenders or offenders against children
required to register under RSA 651-B: 4, and these rules, shall also give
written notification of any change of registration information within 5
business days of such change of information 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 5504.05 shall apply.
Source. #7649, eff 2-20-02, EXPIRED: 2-20-10
New. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
PART
Saf-C 5504 ADDITIONAL REQUIREMENTS
Saf-C
5504.01 Registration Requirements.
(a)
Every tier I or tier II sexual offender or offender against children
shall appear in person semi-annually, within 5 business days after each
anniversary of the offender’s date of birth and every 6 months thereafter, at
the local law enforcement agency to report to a law enforcement official. In the case of a nonresident tier I or tier II sexual offender or offender against
children who does not have a principal place of employment in the state, he or
she shall report to the division in Concord.
(b)
Every tier III sexual offender or offender against children shall appear
in person quarterly, within 5 business days after each anniversary of the
offender’s date of birth and every 3 months thereafter at the local law
enforcement agency to report to a law enforcement official. In the case of a nonresident tier III sexual
offender or offender against children who does not have a principal place of
employment in the state, he or she shall report to the division in Concord.
(c)
Each time a sexual offender or offender against children is required to
report, the offender shall provide all the information required in RSA 651-B:4,
III and RSA 651-B:4-a to the local law enforcement agency or division, as
applicable, and it shall be recorded by the local law enforcement agency or
division on form DSSP 311. The sexual
offender or offender against children shall sign the completed form DSSP 311,
which shall be an acknowledgement of the offender’s duty to report.
(d)
Pursuant to RSA 651-B:4, IV, the
sexual offender or offender against children shall submit to the following:
(1) A photograph taken by the division or local
law enforcement agency each time the sex offender or offender against children
is required to report to the law enforcement agency under Chapter 651-B;
(2) A DNA sample, if one has not already been provided;
(3) A set of major case prints, fingerprints and palm prints of the offender; and
(4)
A photocopy of a valid driver’s license or identification card issued to the
sexual offender or offender against children.
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; ss by #7649, eff 2-20-02; amd by #7982,
INTERIM eff 10-30-03, EXPIRED: 4-27-04; ss by #8083, eff 5-11-04; ss by #10121,
eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C
5504.02 Distribution of DSSP 311.
(a)
Within 5 days of completion of form DSSP 311, the local law enforcement
agency shall distribute the form as specified in Saf-C
5503.01(c).
(b)
Upon receipt of the copy of the form, the division shall enter the
information into the SOR.
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,
EXPIRED: 7-29-07
New.
#10121, eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C
5504.03 Notification by Department of
Corrections, County Department of Corrections, and Department of Health and
Human Services.
(a)
For the purposes of this section, “eligible” means the individual is
qualified by applicable rules and laws and a decision has been made to allow
the individual to participate in an unsupervised work detail, release into the
community following secure psychiatric care, or other assignment which might
bring the individual into contact with members of the public.
(b) At least once each month, the commissioner of
the department of corrections, and the superintendent of each county department
of corrections, and the commissioner of the department of health and human
services, as applicable, shall, pursuant to RSA 651-B:4,V, forward to the
division a statement identifying any sexual offender or offender against children
who is confined in a facility under their control and who is eligible at any
time for:
(1) Any unsupervised work detail;
(2) Release into the community following secure
psychiatric care; or
(3) Other assignment which might bring him or her
into contact with members of the public.
(c)
The statement shall include:
(1) All the information set forth in RSA 651-B:4,
III;
(2) The information in RSA 651-B:4, IV, if the
facility has the ability to collect the information;
(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 or offender against
children into contact with members of the public.
(d)
The commissioners of the department of corrections and department of
health and human services, and the superintendent of each county department of
corrections, as applicable, shall immediately notify the division when a sexual
offender or offender against children is no longer on an unsupervised work
detail or other assignment which might bring him or her into contact with
members of the public.
Source. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C
5504.04 Distribution of Photograph. The law enforcement agency shall forward to
the division a copy of the photograph taken in accordance with Saf-C 5504.01(f), together with the sex offender or offender
against children's registration.
Source. #7982, INTERIM eff 10-30-03, EXPIRED: 4-27-04
New. #8083, eff 5-11-04; ss by #10121, eff 4-25-12
(from Saf-C 5504.021); ss by #13504, eff 12-9-22
Saf-C
5504.05 Change of Information.
(a)
For the purposes of this section, “written notification” means a
document that is sent by first class mail, or
delivered in person. It shall not include notification by electronic mail.
(b)
If a sexual offender or offender against children changes any of the
information he or she is required to report, the sexual offender or offender
against children shall give written notification of the new information by
completing form DSSP 341 ‘Offender Change of Information’, effective November,
2022, and submitting it with the local law enforcement agency to which he or
she last reported under RSA 651-B:4 within 5 business days of such change.
(c)
If the sexual offender or offender against children changes residence,
employment, or schooling, in addition to (b) above, the sexual offender or offender
against children shall report in person to the local law enforcement agency
having jurisdiction over the offender’s previous place of residence, place of
employment, or school within 5 business days.
The change of information shall be recorded on DSSP 311.
(d)
Upon receipt of any information provided in accordance with this section,
the local law enforcement agency shall forward the change of registration
information to the division within 5 days after receipt.
(e)
Pursuant to RSA 651-B:5, I, upon receipt of information provided in (d)
above, the division shall notify the local law enforcement agency at the new
place of residence, place of employment, or school, or the appropriate out of
state law enforcement agency if the new place of residence, place of
employment, or school is outside of New Hampshire.
(f)
If the new place of residence, employment, or schooling is outside of New Hampshire, the sexual
offender or offender against children shall report to the appropriate
out-of-state law enforcement agency having jurisdiction over the new place of
residence, place of employment, or school within 10 business days of reporting
the change of residence, employment, or schooling to the local law enforcement
agency having jurisdiction over the offender’s previous place of residence,
place of employment, or school.
Source. #10121, eff 4-25-12 (from Saf-C
5504.03); ss by #13504, eff 12-9-22
Saf-C
5504.06 Address Verification.
(a)
Pursuant to RSA 651-B:3, III, semi-annually, the department shall verify
the address at which the sexual offender or offender against children resides
and shall notify the offender of the obligation to register in person.
(b)
Address verification shall be made by:
(1) In-person contact at the home or residence of
the offender by the department or local law enforcement agency; or
(2) Mailing, by certified non-forwarding mail, an
address verification letter to the residential address of the offender’s home
or residence.
(c)
The offender shall sign the address verification proof of service form
and return it to the officer if the address verification was made in person.
(d)
If the address verification letter was sent by mail, pursuant to (b)(2)
above, the offender shall sign the address verification form and mail it to the
department within 10 business days of receipt.
(e)
Notwithstanding any rule to the contrary, for sex offenders or offenders
against children who are sentenced to an extended term of imprisonment pursuant
to RSA 651:6, I(b), the following shall apply:
(1) The department shall mail a nonforwardable address verification letter to the offender’s
last reported address every 90 days after the date of the offender’s initial
release or commencement of parole;
(2) The offender shall state that the offender
resides at the address last reported to the local law enforcement agency; and
(3) The offender shall sign the verification form
and mail it to the department within 10 days of receipt of the form.
Source. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C 5504.07
Registration Fee. A sexual offender or offender against
children shall pay an annual fee of $50.00 within 10 days of the sexual
offender or offender against children’s registration during the month of his or
her birth date.
Source. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C
5504.08 Waiver of Fee.
(a)
If a sexual offender or offender against children cannot afford to pay
the registration fee, the offender may request a waiver of the fee and a
hearing pursuant to Saf-C 5506.02, on form DSSP 311,
within 10 days of registration.
(b)
In order to be considered, the sexual offender or offender against children
shall complete and submit the financial affidavit form DSSP 358 ‘Affidavit of
Assets and Liabilities’, effective November 2022, supplied by the department
within 10 days of the request for a waiver.
(c)
Pursuant to RSA 651-B:11, II, upon receipt of the offender’s completed
financial affidavit form DSSP 358, and after review of the offender’s financial
affidavit form DSSP 358, the commissioner shall waive the fee without a hearing
if the commissioner determines the offender is indigent as defined by Saf-C 5506.02(a).
Source. #10121, eff 4-25-12; ss by #13504, eff 12-9-22
PART Saf-C 5505
DISSEMINATION OF INFORMATION TO LAW ENFORCEMENT AGENCIES AND THE PUBLIC.
Saf-C
5505.01 Public List.
(a)
The division shall maintain a separate, public list of:
(1) All tier I, tier II, and tier III offenders
who are required to register as a result of an offense against a child;
(2) Any offender about whom the division receives
notice pursuant to RSA 651-B:4, V that will be required to register as a result of an offense against children; and
(3) Any offender who is required to register for
more than one sexual offense or offense against a child.
(b)
The list shall include all the information set out in RSA 651-B:7, III (a)
and (b), if available.
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; amd by #7649, eff 2-20-02; amd by #7982,
INTERIM eff 10-30-03, EXPIRED: 4-27-04; ss by #8083, eff 5-11-04; ss by #10121,
eff 4-25-12; ss by #13504, eff 12-9-22
Saf-C
5505.02 Availability of List to the
Public. The division shall maintain
the public list compiled pursuant to Saf-C 5505.01 on
the internet at the following address:
https://business.nh.gov/nsor/
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; amd by #7649, eff 2-20-02; ss by #7982, INTERIM, eff 10-30-03, EXPIRED:
4-27-04
New. #8083, eff 5-11-04; ss by #10121, eff 4-25-12;
ss by #13504, eff 12-9-22
Saf-C
5505.03 Removal from Public List.
(a)
Pursuant to RSA 651-B:6, III, upon receipt of a certified copy of a
court's order authorizing the removal of a sexual offender or offender against
children from the public list, the department shall remove the sexual offender or
offender against children's information, as set forth in Saf-C
5505.01 above, from the list.
(b)
Nothing in this section shall relieve a sexual offender or offender
against children of obligation to register as set forth in RSA 651-B:6.
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; ss by #7982, INTERIM eff 10-30-03, EXPIRED: 4-27-04
New. #8083, eff 5-11-04; ss by #10121, eff 4-25-12;
ss by #13504, eff 12-9-22
Saf-C
5505.04 Law Enforcement List.
(a) The division shall maintain a law enforcement
list of all tier I, tier II, and tier III offenders
required to register pursuant to RSA 651-B, and all offenders reported to the
division pursuant to RSA 651-B:4.
(b)
The law enforcement list shall include the information outlined in RSA
651-B:7, II.
(c)
The law enforcement list shall not be made available to the public but
shall be made available to law enforcement officials for valid law enforcement
purposes.
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; rpld by #7982, INTERIM eff 10-30-03
New.
#10121, eff 4-25-12; ss by #13504, eff 12-9-22
PART
Saf-C 5506
HEARINGS
Saf-C
5506.01 Reasonably Equivalent Offense
Hearing.
(a)
Pursuant to RSA 651-B:10, any sexual offender or offender against
children convicted pursuant to a law of another jurisdiction who wishes to
appeal a decision of the division, regarding the division's determination
pursuant to Saf-C 5502.02 that the offense is
reasonably equivalent to an offense requiring registration under RSA 651-B and
these rules, including the duration of the duty to report shall, within 10 days
of notification by the division, request a hearing in front of the
commissioner.
(b)
The scope of the hearing shall be limited to a determination of whether
the offense in another jurisdiction is reasonably equivalent to an offense
requiring registration under RSA 651-B and these rules.
Source. #7982, INTERIM eff 10-30-03, EXPIRED: 4-27-04
New. #8083, eff 5-11-04; ss by #10121, eff 4-25-12;
ss by #13504, eff 12-9-22
Saf-C 5506.02
Waiver of Registration Fee Hearing.
(a)
For the purposes of this rule, “indigent” means lacking the means of
subsistence to include food, clothing, and other necessities of life because of
poverty.
(b)
Pursuant to RSA 651-B:11, II, any
sexual offender or offender against children required to pay the registration
fee who cannot afford to pay the fee shall, within 10 days of registration,
request a waiver of the fee and a hearing on the matter before the
commissioner.
(c)
The scope of the hearing shall be limited to whether
or not the offender is indigent and cannot afford to pay the fee.
(d)
The offender shall have the burden of proving that he or she is
indigent.
(e)
Pursuant to RSA 651-B:11, II upon receipt of the offender’s completed
financial affidavit form DSSP 358, effective November 2022, and based upon the
offender’s financial affidavit form DSSP 358, effective November 2022, the
commissioner shall waive the fee without a hearing if he determines that the
offender is indigent.
Source. #7982, INTERIM eff 10-30-03, EXPIRED: 4-27-04
New. #8083, eff 5-11-04; ss by #10121, eff 4-25-12;
ss by #13504, eff 12-9-22
Saf-C
5506.03 Hearings. All 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; ss by #10121, eff 4-25-12;
ss by #13504, eff 12-9-22
Saf-C 5506.04 Suspension for Non-Compliance with
Registration of Criminal Offenders.
(a)
Upon receipt of a complaint from the director of state police or his or
her designee of the failure by a sexual offender as defined in RSA 651-B:1, IV
or an offender against children as defined in RSA 651-B:1, VI to comply with
the registration requirements as defined in RSA 651-B:10 or RSA 651-B:11, and
such failure to comply is greater than 30 days in duration, the department
shall attempt to notify the offender in person, or by first class mail, return
receipt requested sent to the offender’s last known address, that the offender
is in violation of the registration requirements. The notification shall inform the offender
that his or her driving privileges shall be suspended after a hearing, if the offender fails to comply with the
registration requirements within 15 days of the department’s attempted notice
of non-compliance.
(b)
If the offender fails to come into compliance within 15 days of the department’s
attempted notice of non-compliance, and after a hearing pursuant to this rule,
the director of motor vehicles shall suspend the offender’s driver’s license,
or resident, or non-resident driving privileges.
(c)
The commissioner shall promptly schedule and conduct a hearing pursuant
to Saf-C 200 before suspending the offender’s
driver’s license, or resident, or non-resident driving privileges.
(d)
The bureau of hearings shall notify the individual to appear for a
hearing in accordance with the provisions of Saf-C
203.02 and Saf-C 203.03.
(e)
The scope of the hearing shall be limited to the following:
(1) The identity of the individual;
(2) Whether the individual has complied with RSA 651-B
and these rules; and
(3) Whether the individual was incarcerated or
hospitalized during the period of noncompliance.
(f)
If the commissioner determines the identity of the individual as an
offender who is required to register pursuant to RSA 651-B and the individual
was not incarcerated or hospitalized during the period of noncompliance, the
offender’s driving privileges shall be suspended.
(g)
If an offender fails to appear for the scheduled hearing or fails to
come into compliance by the day of the scheduled hearing, the bureau of
hearings shall record a default judgment against the offender. The bureau of hearings shall send a notice of
such default judgment to the offender by first class mail, return receipt
requested, to the offender’s last known address, and advising that the offender
that his or her driving privileges shall be suspended or revoked within 15 days
of the notice of default if he or she fails to comply with the registration
requirement.
Source. #9724, eff 6-15-10;
ss by #12517, eff 4-23-18 (formerly Saf-C 218.01); ss
by #13504, eff 12-9-22 (formerly Saf-C 5506.031)
Saf-C 5506.05 Filing of Motion for Rehearing.
(a) A motion for rehearing shall be filed within
30 days of the date of the hearing decision or order.
(b) A motion for rehearing shall:
(1) Identify each error of fact, error of
reasoning, or error of law which the moving party wishes to have reconsidered;
(2) Describe how each error causes the agency's
decision to be unlawful, unjust, or unreasonable;
(3) State concisely the factual findings,
reasoning, or legal conclusion proposed by the moving party; and
(4)
Include any argument or memorandum of
law the moving party wishes to file.
Source. #10121, eff 4-25-12
(formerly Saf-C 5506.04)
Saf-C 5506.06 Standard for Granting Motion for Rehearing. Notwithstanding any rule to the contrary in Saf-C 203, a motion for rehearing in a case subject to
appeal under RSA 541 shall be granted if it demonstrates that the
commissioner’s decision is unlawful, unjust, or unreasonable.
Source. #10121, eff 4-25-12);
ss by #13504, eff 12-9-22 (formerly Saf-C 5506.05)
Saf-C 5506.07 Decision on Motion for Rehearing.
(a)
Unless otherwise expressly stated in law or rule, any person with an
interest affected by any decision of the department under this chapter may
apply for a rehearing in the same manner as a party to a hearing in Saf-C 5506.05.
(b)
Appeals from decisions on rehearings for
purposes of this section shall be taken to the New Hampshire supreme court
under RSA 541:6 within 30 days after the application for rehearing is denied
or, if the application is granted, within 30 days after the decision on
rehearing.
Source. #10121, eff 4-25-12;
ss by #12517, eff 4-23-18 amd by #12517, eff 4-23-18;
ss by #13504, eff 12-9-22 (formerly Saf-C 5506.06)
Saf-C 5506.08 Appeals.
(a)
Notwithstanding the language of Saf-C 5506.07(b),
and pursuant to RSA 651-B:10, I, any appeal after a hearing and motion for
rehearing shall be filed in the Merrimack County superior court no later than
30 days after the application for rehearing is denied, or if the application is
granted, then within 30 days after the decision on such rehearing.
(b)
Any requests for a hearing or appeal shall not stay the offender’s
obligation to register as required by the department pursuant to RSA 651-B or
these rules.
Source. #10121, eff 4-25-12;
amd by #12517, eff 4-23-18; (formerly Saf-C 5506.07)
APPENDIX
Rule |
Specific State or Federal Statutes or Regulations
which the Rule is Intended to Implement |
Saf-C
5501.01 |
RSA
541-A:1, XV & RSA 541-A:7 |
Saf-C
5501.02 |
RSA
651-B:1, I |
Saf-C
5501.03 |
RSA
651-B:1, II |
Saf-C
5501.04 – Saf-C 5501.06 |
RSA
541-A:1, XV & RSA 541-A:7 |
Saf-C
5501.07 |
RSA
651-B:1, IV |
Saf-C
5501.08 |
RSA
651-B:1, VI |
Saf-C
5501.09 |
RSA
651-B:1, VII |
Saf-C
5501.10 |
RSA
651-B:1, XI |
Saf-C
5501.11 |
RSA
651-B:1, XIII |
Saf-C
5501.12 |
RSA
651-B:1, III |
Saf-C
5501.13 |
RSA
651-B:1, V |
Saf-C 5501.14 |
RSA
651-B:1, XII |
Saf-C
5501.15 |
RSA
651-B:1, VIII |
Saf-C
5501.16 |
RSA
651-B:1, IX |
Saf-C
5501.17 |
RSA
651-B:1, X |
Saf-C 5502 |
RSA
651-B:2 |
Saf-C
5503.01 |
RSA
651-B:3 |
Saf-C
5503.02(a) |
RSA
651-B:4, III, RSA 651-B:4-a & RSA 541-A:19-b |
Saf-C
5503.02(b) and (c) |
RSA
541-A:19-b |
Saf-C
5503.03 |
RSA
651-B:3 & 651-B:7 |
Saf-C
5503.04 |
RSA
651-B:3, II & RSA 651-B:4, IV |
Saf-C
5503.05(a) – (d) |
RSA
651-B:4 |
Saf-C
5503.05(e) |
RSA
651-B:5 |
Saf-C
5504.01(a) |
RSA
651-B:3, I & RSA 651-B:4, I(b) |
Saf-C
5504.01(b) |
RSA
651-B:3, I & RSA 651-B:4, I(a) |
Saf-C
5504.01(c) |
RSA
651-B:4, III, RSA 651-B:4-a & RSA 541-A:19-b |
Saf-C
5504.01(d) |
RSA
651-B:4, IV |
Saf-C
5504.02 |
RSA
651-B:3 |
Saf-C
5504.03 |
RSA
651-B:4, V |
Saf-C
5504.04 |
RSA
651-B:4, IV |
Saf-C
5504.05(a) |
RSA
541-A:1, XV & RSA 541-A:7 |
Saf-C
5504.05(b)-(f) |
RSA
651-B:5 |
Saf-C
5504.06(a)-(d) |
RSA
651-B:3, III |
Saf-C
5504.06(e) |
RSA
651-B:4, VI |
Saf-C
5504.07 |
RSA
651-B:11 |
Saf-C
5504.08 |
RSA
651-B:11, II |
Saf-C
5505.01 |
RSA
651-B:7 |
Saf-C 5505.02 |
RSA
651-B:7, VI |
Saf-C
5505.03 |
RSA
651-B:6,III |
Saf-C
5505.04 (a) – (b) |
RSA
651-B:7, II |
Saf-C
5505.04(c) |
RSA
651-B:7, I |
Saf-C
5506.01 |
RSA
651-B:10, I and RSA 541-A:16, I(b)(2) |
Saf-C
5506.02(a) |
RSA
541-A:1, XV & RSA 541-A:7 |
Saf-C
5506.02(b)-(e) |
RSA
651-B:11, II and RSA 541-A:16, I(b)(2) |
Saf-C 5506.03 |
RSA
541-A:16, I(b)(2) |
Saf-C
5506.04 |
RSA 263:56-a, I(e); RSA 541-A:16, I(b)(2) ; RSA 651-B:10; RSA
651-B:11 |
Saf-C
5506.05 |
RSA
541-A:16, I(b)(2) and RSA 541:3 |
Saf-C
5506.06 |
RSA
541-A:16, I(b)(2) and RSA 541:4 |
Saf-C
5506.07 |
RSA 21-P:13, II-a; RSA 541-A:16, I(b)(2); RSA 541:5;
RSA 541:6 |
Saf-C
5506.08(a) |
RSA 541-A:16, I(b)(2); RSA 651-B:10, I |
Saf-C
5506.08(b) |
RSA
541-A:16, I(b)(2) and RSA 541:6 |