2006 Louisiana Laws - RS 15:542.1 — Registration of sexually violent predators and child predators

§542.1.  Registration of sexually violent predators and child predators

A.  Duties.  Any person convicted of a sex offense as defined in R.S. 15:541(14.1) or of a criminal offense against a victim who is a minor as defined in R.S. 15:541(9) after July 1, 1997, shall have the duty to register and report under the provisions of this Chapter.

B.  Repealed by Acts 2006, No. 186, §3, eff. June 2, 2006.

C.  Notice to the offender.  If a person who is required to register under this Section is released from prison or placed under parole, supervised release, or probation, a Department of Public Safety and Corrections officer, or the court if the offender is not placed in the jurisdictional custody of the Department of Public Safety and Corrections, shall:

(1)  Inform the person of the duty to register each residence address, give community notification, and report and obtain the information required for such registration.

(2)  Inform the person that if the person changes residence address, the person shall give the new address in writing, along with proof of the new residence address as required in R.S. 15:542(C)(1), to the Louisiana Bureau of Criminal Identification and Information, hereinafter referred to as "the bureau", within ten days from the date of the change of address and shall give new community notification as required by R.S. 15:542(B)(1)(a) within twenty-one days.

(3)  Inform the person that if the person changes residence to another state, the person shall notify in writing both the bureau and the law enforcement agency designated for sex offender reporting under the laws of state in which the new address is located if that state has a registration requirement, within ten days from the date the person establishes residence in the new state.

(4)  Obtain fingerprints and a photograph of the person if these have not already been obtained in connection with the offense that triggers registration.

(5)  Require the person to read and sign a form stating that the duty of the person to register, give community notification, and report under this Section and the penalty for failure to comply has been explained.

(6)(a)  Inform the person that he shall notify the bureau in writing of his enrollment as a student at any institution of postsecondary education or of his employment as a worker at any institution of postsecondary education.

(b)  Inform the person that he shall notify the bureau in writing of any change in enrollment or employment status at any institution of postsecondary education.

D.  Information to be collected from the offender.  The Department of Public Safety and Corrections officer, or the court if the offender is not placed in the jurisdictional custody of the Department of Public Safety and Corrections, shall obtain the following information as part of the registration from any person required to register under this Section:  name of the offender, address of offender's place of residence upon release from confinement, crime for which the offender was convicted which gave rise to the requirement to register under this Section, date and place of such conviction, any aliases used by the offender, the offender's social security number, the name and location of any institution of secondary education at which the offender is enrolled as a student or is employed, if applicable, and other such information as may be required by the Department of Public Safety and Corrections to carry out the purposes of this Chapter.  In all cases where an offender has been determined to be a sexually violent predator, a notation shall be made as to whether or not the offender has received treatment as a sex offender.

E.  Transfer of information to the bureau.  Within three days of obtaining the information necessary for registration and giving notice to the offender in accordance with Subsections C and D, the Department of Public Safety and Corrections officer or the court which received the offender's registration information shall transmit that information along with the applicable reporting requirements under Paragraphs (H)(1) and (2) and (I)(1) and (2) of this Section, the offender's criminal history, photograph, identifying factors, and fingerprints to the bureau.

F.  State Sex Offender and Child Predator Registry. (1)  The central registry of sex offenders maintained by the bureau as defined in R.S. 15:545 shall hereafter be known as the State Sex Offender and Child Predator Registry and shall include the information transmitted to the bureau under Subsection E for any person subject to registration under this Section.

(2)  Upon receipt of the registration and information of any person subject to the provisions of this Section, the bureau shall immediately enter the information in the State Sex Offender and Child Predator Registry.

(3)  The bureau shall participate in the National Sex Offender Registry in accordance with appropriate federal guidelines.

G.  Notification of local law enforcement and the Federal Bureau of Investigation.  (1)  Immediately upon entry of the required information into the State Sex Offender and Child Predator Registry, the bureau shall notify the sheriff of the parish in which the offender's address of residence is located, and the chief of police if the address is located in an incorporated area which has a police department.

(2)  Immediately upon entry of the required information into the State Sex Offender and Child Predator Registry, the bureau shall transmit to the Federal Bureau of Investigation the conviction data and fingerprints of the offender registered.

(3)  Immediately upon entry of information that a person required to register under this Section is enrolled as a student or employed as a worker at any institution of postsecondary education into the State Sex Offender and Child Predator Registry, the bureau shall notify all law enforcement agencies having jurisdiction over the institution at which the offender is enrolled or employed, including but not limited to the campus law enforcement agency.

H.  Duty to register.  (1)  A person required to register under this Section as a sex offender or child predator shall register and maintain his registration pursuant to the provisions of this Section for a period of ten years after the date on which the person was released from prison, placed on parole, supervised release, or probation for a conviction giving rise to the requirement to register, unless the underlying conviction is reversed, set aside or vacated.  The requirement to register shall apply to an offender who is pardoned.

(2)  A person required to register under this Section where there has been a determination that the person is a sexually violent predator or child sexual predator according to the provisions of Chapter 3-D of this Title shall continue to register for life.

(3)  The following persons shall be required to register for life:

(a)  Any person with a prior conviction for an offense for which registration under this Chapter is required.

(b)  Any person convicted of an aggravated offense as defined by R.S. 15:541 except for persons convicted of a violation of R.S. 14:80.

(c)  Any person determined to be a sexually violent predator or a child sexual predator according to the provisions of Chapter 3-D of this Title.

(4)  Any person residing in this state, who has been convicted of a federal offense or sentenced by court martial, for commission of a criminal offense against a minor or for a sexually violent offense, shall register with the appropriate authority under this Section within twenty-one days of establishing residency.

(5)  Any nonresident full- or part-time worker who would be required to register in his state of residence shall register with the appropriate authority under this Section.  The provisions of this Paragraph shall apply to any person employed in this state, with or without compensation, for a period exceeding fourteen days, or for an aggregate of thirty days during the calendar year.

(6)  Out-of-state full- or part-time students who would be required to register in their state of residence shall register with the appropriate authority under this Section.

(7)  Any resident of this state required to register under the provisions of this Section shall notify the appropriate authority as provided by this Section, if he leaves the state for full- or part-time employment in another state, with or without compensation, for a period of more than fourteen days or for an aggregate of thirty days during the calendar year.  Such persons shall also register with the appropriate authority in the state where such work is performed.

(8)  Any resident of this state required to register under the provisions of this Section shall notify the appropriate authority under this Section, if he leaves the state to enroll in any school as a full- or part-time student.  Such persons shall also register with the appropriate authority in the state in which the school is located.

I.  Verification of address. (1)  Once each year during the required period of registration as defined in Subsection H of this Section provided the offender has not been determined to be a sexually violent predator, not less than five days prior to the anniversary of the date of the offender's initial registration under the conviction giving rise to the duty to register under Subsection A of this Section, the bureau shall mail a non-forwardable verification form to the last reported address or addresses of the person.

(2)  The bureau shall mail a non-forwardable verification form to the last reported address or addresses of the sexually violent predator every ninety days following the receipt of the initial registration information.

(3)  The person subject to registration shall mail the verification to the bureau within ten days of receipt. For purposes of this Section, it shall be assumed that the person subject to registration shall have received the non-forwardable verification form ten days from the date of mailing by the bureau.

(4)  If the person fails to mail the verification form to the bureau within ten days of receipt of the form, the person shall be in violation of this Section and subject to the penalties specified in R.S. 15:542(F) unless the person proves that the person has not changed the residence address and can show good cause why the person failed to mail the verification form to the bureau within the specified ten days.

(5)  If the bureau does not receive the verification form from the person within thirty days from the date of mailing by the bureau, the bureau shall immediately notify the sheriff of the parish in which the person's last reported address of residence is located, or in the case of a person residing in a parish with a population in excess of four hundred fifty thousand the police department of his municipality of residence.  If the offender is under the supervision of Department of Public Safety and Corrections, the bureau shall also immediately notify the Department of Public Safety and Corrections.

J.(1)  Duty to report change of address, give community notification, penalty for failure to comply and transfer of information.  Any person required to register under this Section shall notify the bureau in writing of any change of address within ten days of the change and shall give new community notification as required by R.S. 15:542(B)(1)(a) within twenty-one days.  If a person required to register under this Section fails to register, keep registration current, give new community notification, or notify the bureau of any change of address within the required period, the person shall be in violation of this Section and subject to the penalties provided in R.S. 15:542(F).

(2)  Transfer of information by the Louisiana Bureau of Criminal Identification and Information.  (a)  If the bureau receives notice of a change of address from a person subject to registration under this Section, it shall immediately notify the sheriff of the parish in which the new address is located, and, if the address is located in a municipality with a police department, the chief of police.

(b)  If the offender is under the supervision of the Department of Public Safety and Corrections, the bureau shall also immediately notify the Department of Public Safety and Corrections of any change of address.

(c)  If the bureau receives notice of a change of address to another state from a person subject to registration under this Section, the bureau shall immediately notify the law enforcement agency with which the person must register in the new state, if the new state has a registration requirement.

K.  Sex offenders from other states.  (1)  Any sex offender or offender subject to registration for a criminal offense against a victim who is a minor or sexually violent predator who has been convicted or determined to be a sexually violent predator under the laws of another state or the United States who establishes residence in Louisiana shall be subject to the registration, community notification, and reporting requirements of this Section.

(2)  The Louisiana Bureau of Criminal Identification and Information is hereby designated as the state law enforcement agency to receive sex offender, child predator, and sexually violent predator registrations from other states.

(3)  A sex offender, child predator, or sexually violent predator subject to registration under the laws of another state or the United States shall notify the bureau within ten days of establishing residence in Louisiana and shall present himself for registration and give community notification in accordance with R.S. 15:542.

(4)  When the bureau receives notification that a sex offender, child predator, or sexually violent predator subject to registration under the similar laws of another state or the United States is establishing residence in Louisiana, it shall immediately notify the sheriff of the parish in which the address of residence is located and the chief of police if that address is within a municipality with a police department.

L.  Community notification.  (1)  Persons subject to registration as a sex offender, child predator, or sexually violent predator shall comply with the requirements of R.S. 15:542(B)(1), (2), (3), and (4).

(2)  Persons giving community notification under this Section shall do so under the supervision of the Department of Public Safety and Corrections, and if not sentenced to the custody or supervision of the state, under the supervision of the sentencing court.

M.  Notification.  All notification requirements specified in R.S. 15:549 relative to sex offenders shall apply to child predators and sexually violent predators as defined in Chapter 3-D of this Title.

Acts 1997, No. 1147, §1, eff. July 14, 1997; Acts 1999, No. 594, §§1, 2; Acts 2001, No. 1206, §1; Acts 2002, 1st Ex. Sess., No. 83, §1; Acts 2003, No. 215, §1; Acts 2003, No. 216, §1; Acts 2003, No. 821, §1; Acts 2003, No. 892, §1; Acts 2004, No. 147, §1; Acts 2006, No. 186, §§2, 3, eff. June 2, 2006; Acts 2006, No. 204, §1.