Texas Sex Offender Registration Program Gary Richards Sex Offender Registration Bureau – MSC 0230 Texas Department of Public Safety PO Box 4143 Austin TX 78765-4143 [email protected] (512) 424-2800 TCJIUG Conference 2017 1 Stat Snapshot (April 2017) • Texas Registry created in 1991. • Chapter 62, Texas Code of Criminal Procedure is the law that governs the Texas Sex Offender Registration Program. • Approximately 90,354 reported active registered sex offenders. • Risk Level – – – – – Civil Commitment High Moderate Low Not Reported 399 5891 35374 25504 23186 • Verification Requirement – Monthly – Annual – Quarterly 399 74105 13767 2 Who has a duty to register? • “Reportable Conviction” occurring on or after 09/01/70 – Reportable conviction is defined as a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for an offense that requires registration. – Length of duty to register ranges from post 10years to life. 3 • Condition of Supervision – Court or Board ordered requirement to register. – Duty to register ends when the person is discharged from supervision. • Extra-jurisdictional Registrant – A person who is required to register under the laws of: • Another state with which the Department has entered into a reciprocal registration agreement • Federal law or the Uniform Code of Military Justice • The laws of a foreign country; • And is not required otherwise to register under Texas law. – Duration of registration is for the length designated by Federal or Military law. 4 • Condition of Interstate Compact Agreement – No reportable conviction; – No Court or Board Ordered requirement to register; – Registration will be required in Texas due to the sending state has a requirement for sex offender registration in the receiving state. 5 Information Tx Registrars Need to Initially Register a Person • Proof of identity from the registrant. • Proof of address. • Information on offense requiring registration – – – – – – – – Offense Literal Statute Citation Date of Offense Cause Numbers Victim Information (Sex, Age, Relationship) Disposition Date Sentence Discharge from Supervision Date (Documentation preferred) Court documents are preferred. All documents submitted to the registry are archived in the registrant’s file when a person is identified as a sex offender registrant in the Registry. 6 Out of State, Out of Country, Federal and Military • Any person with a Conviction or an Adjudication of Delinquent Conduct on or after 09/01/70, and has an offense with “substantially similar” elements to any registrable Texas offense. • No Deferreds or Deferred Adjudications. • Statute designates the Department of Public Safety as the authority to make determinations of similar elements of offense for purposes of the registration law. 7 Determinations of Similar Elements of Offense • Determining whether an offense under the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice contains elements that are substantially similar to the elements of an offense under the laws of this state. • DPS is required to provide listings of offenses that it has determined to be substantially similar • Appeal of any determination shall be brought in a District Court in Travis County, Tx. 8 • Determinations are compiled by state or jurisdiction. • Determinations are published and accessible thru the DPS sponsored Sex Offender Registration Web Site. • Lists are updated as new determinations are made or case law requires an amendment to a previous offense determination. 9 10 11 12 13 14 15 Registration Events • Registration – Event that initially registers a person and a process that creates a record in the Texas Sex Offender Registry (SOR Web Site). • Verification – Event that confirms registration information with the local law enforcement and process that verifies the information is correct. – Monthly – Quarterly – Annually • Update – Process that maintains the information. – Changes in certain information required for registration 16 Duties Imposed Upon Registrant (General) • Register with the local law enforcement agency in the jurisdiction where ever they reside or intend to reside for more than 7 days. • Personally appear before that local law enforcement agency periodically and verify their registration. • Report any changes of address within 7 days. • Apply for an annual renewable DL/ID card. • Report certain status changes (name, health, job, educational, online identifiers) within 7 days. • Report attendance, employment or vocation at Institutions of Higher Educations. • Notify instances of certain worker or student (live in Tx but work or attend school in another state). 17 Penal Institution or Court CR-32/CR-32PE CR-35/OS/IS CR-35 Not./OS/IS Notification Registration CR-36 Photo Police Dept / Sheriff’s Office Department of Public Safety TCIC/NCIC Secure/Public Web Sites National Sex Offender Public Web Site 18 Non Texas Offense Registration Police Dept or Sheriff’s Office CR-32 CR-35/OS/IS Registration CR-35/OS/IS CR-36 Photo Department of Public Safety TCIC/NCIC Secure/Public Web Sites National Sex Offender Public Web Site 19 SORNA Portal and Texas • Texas was one of the last states to participate in the use of the Portal. • Texas has integrated the Portal with the Texas Sex Offender Registry (database/web site). • Agencies who have access to the Registry are forwarded Relocation Tasks. – Agencies are able to respond to tasks. – Agencies can create Relocation Tasks on registrants leaving Texas to another jurisdiction. – Agencies can see their assigned tasks and search for other tasks. 21 22 Contact Information Sex Offender Registration Bureau Crime Records Service - MSC 0230 Texas Department of Public Safety PO Box 4143 Austin, TX 78765-4143 Email General Fax [email protected] (512) 424-2800 (512) 424-7702 Support Operations [email protected] 23 Field Representatives (512) 424-2800 24 Intelligence and Counterterrorism (ICT) – Compliance Email General Fax [email protected] (512) 377-0010 (512) 424-5434 Combined DNA Indexing System (CODIS) Email DNA Inquiries and Collection Kits [email protected] (512) 424-2790 Driver License Division (CSO DL/ID’s) General (512) 424-2600 25
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