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1200 entitled "Sexual Offender Registration" under LENS System and were authorized by RSA 632-A:18.  1996 NH Laws 292 repealed RSA 632-A:11-19.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  “Commissioner” means the commissioner of the New Hampshire department of safety or his 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

 

          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)

 

          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)

 

          Saf-C 5501.04  "Form DSSP 311" means the “Offender Registration Information” form that contains notice to the offender of the duty to report and the offender’s required information for original 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)

 

          Saf-C 5501.05  “Initial registration” means notification of the duty to register as set forth in RSA 651-B:3, 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

 

          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/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)

 

          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)

 

          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)

 

          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

 

          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

 

          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)

 

          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)

 

          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)

 

          Saf-C 5501.14  “Sex Offender Registry or (SOR)” means sex offender system as defined in RSA 651-B:1, XII.

 

Source.  #10121, eff 4-25-12

 

          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

 

          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

 

          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

 

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 with the division 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 with the division 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

 

          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 New Hampshire offense listed in RSA 651-B:1, V(a), VII (a) or VII(b) to be deemed reasonably equivalent.

 

          (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 New Hampshire laws;

 

(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

 

          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; and

 

(3)  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

 

          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

 

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 not 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/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/offender against children.

 

          (c)  If the inmate to be released is required to register as a sexual offender/offender against children, the official in charge 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 or her place of residence, pursuant to RSA 651-B:4, 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 or she moves outside of the state of New Hampshire, pursuant to RSA 651-B:5; and

 

(3)  The sexual offender/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/offender against children’s release shall obtain from the sexual offender/offender against children:

 

(1)  The address at which the sexual offender/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/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/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/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)

 

          Saf-C 5503.02 Form DSSP 311 for Offender Registration Information and Form DSSP 311A Supplemental Form for Offender Registration Information.  Sex offenders/offenders against children shall report information required in form DSSP 311 “Offender Registration Information”, as amended July 2020, to officials in charge of their release from the department of corrections and to local law enforcement agencies registering sex offenders/offenders against children under RSA 651-B:3, I.  Form DSSP 311A “Supplemental Offender Registration Information”, as amended February 2021, shall be used when additional space is needed to document the information sex offenders/offenders against children are required to provide.

 

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)

 

          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/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

 

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

 

          (a) Upon receipt of information from any out-of-state law enforcement agency that a sexual offender/offender against children has moved into New Hampshire, the division shall:

 

(1)  Obtain the address at which the sexual offender/offender against children expects to reside and inform the local law enforcement agency; and

 

(2)  Locate and serve notice upon the sexual offender/offender against children of his/her duty to report.

 

          (b)  If notice is served upon the sexual offender/offender against children, the division, pursuant to RSA 651-B: 3, II, shall complete form DSSP 311 and obtain the sexual offender/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/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/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

 

          Saf-C 5503.05  Sexual Offenders/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/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/offender against children shall be required to report, pursuant to law and these rules, if the purpose of the sexual offender/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/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

33 Hazen Drive

Concord, N.H. 03305

 

          (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/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/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

 

PART Saf-C 5504  ADDITIONAL  REQUIREMENTS

 

          Saf-C 5504.01  Registration Requirements.

 

          (a)  Every tier I or tier II sexual offender/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/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/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/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/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/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/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/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

 

          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 5503.03(a).

 

          (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

 

          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 shall, pursuant to RSA 651-B:4,V, forward to the division a statement identifying any sexual offender/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/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, or the superintendent of each county department of corrections, as applicable, 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 or her into contact with members of the public.

 

Source.  #10121, eff 4-25-12

 

          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/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)

 

          Saf-C 5504.05  Change of Information.

 

          (a)  For the purposes of this rule, “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/offender against children changes any of the information he or she is required to report, the sexual offender/offender against children shall give written notification of the new information by completing form DSSP 341 ‘Offender Change of Information’, effective January 1, 2009, 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/offender against children changes residence, employment or schooling, in addition to (b) above, the sexual offender/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 rule, 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/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)

 

          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/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/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

 

          Saf-C 5504.07  Registration Fee.  A sexual offender/offender against children shall pay an annual fee of $50.00 within 10 days of the sexual offender/offender against children’s registration during the month of his or her birth date.

 

Source.  #10121, eff 4-25-12

 

          Saf-C 5504.08  Waiver of Fee.

 

          (a)  If a sexual offender/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/offender against children shall complete and submit the financial affidavit form DSSP 358 ‘Affidavit of Assets and Liabilities’, effective March 2012, 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

 

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

 

          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:

 

http://www4.egov.nh.gov/nsor/search.aspx

 

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

 

          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/offender against children removal from the public list, 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 relieve a sexual offender/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

 

          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

 

PART Saf-C 5506  HEARINGS

 

          Saf-C 5506.01  Reasonably Equivalent Offense Hearing.

 

          (a)  Pursuant to RSA 651-B:10, any sexual offender/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 or his designee.

 

          (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

 

          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/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, and based upon the offender’s financial affidavit form DSSP 358, 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

 

          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

 

          Saf-C 5506.031  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)

 

          Saf-C 5506.04  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

 

          Saf-C 5506.05  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

 

          Saf-C 5506.06  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 5506.04.

 

          (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

 

          Saf-C 5506.07  Appeals.

 

          (a)  Notwithstanding the language of Saf-C 5506.06(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

 


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

RSA 651-B:4, III, RSA 651-B:4-a, & 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 5506.031 (formerly Saf-C 218.01)

RSA 263:56-a, I(e); RSA 541-A:16, I(b)(2) ; RSA 651-B:10; RSA 651-B:11

Saf-C 5506.04

RSA 541-A:16, I(b)(2) and RSA 541:3

Saf-C 5506.05

RSA 541-A:16, I(b)(2) and RSA 541:4

Saf-C 5506.06

RSA 21-P:13, II-a; RSA 541-A:16, I(b)(2); RSA 541:5;

RSA 541:6

Saf-C 5506.07

RSA 541-A:16, I(b)(2) and RSA 541:6

Saf-C 5506.07(a)

RSA 541-A:16, I(b)(2); RSA 651-B:10, I