2005 North Carolina Code - General Statutes Article 27A - Sex Offender and Public Protection Registration Programs.

Article 27A.

Sex Offender and Public Protection Registration Programs.

Part 1.  Registration Programs, Purpose and Definitions Generally.

§ 14‑208.5.  Purpose.

The General Assembly recognizes that sex offenders often pose a high risk of engaging in sex offenses even after being released from incarceration or commitment and that protection of the public from sex offenders is of paramount governmental interest.

The General Assembly also recognizes that persons who commit certain other types of offenses against minors, such as kidnapping, pose significant and unacceptable threats to the public safety and welfare of the children in this State and that the protection of those children is of great governmental interest. Further, the General Assembly recognizes that law enforcement officers' efforts to protect communities, conduct investigations, and quickly apprehend offenders who commit sex offenses or certain offenses against minors are impaired by the lack of information available to law enforcement agencies about convicted offenders who live within the agency's jurisdiction. Release of information about these offenders will further the governmental interests of public safety so long as the information released is rationally related to the furtherance of those goals.

Therefore, it is the purpose of this Article to assist law enforcement agencies' efforts to protect communities by requiring persons who are convicted of sex offenses or of certain other offenses committed against minors to register with law enforcement agencies, to require the exchange of relevant information about those offenders among law enforcement agencies, and to authorize the access to necessary and relevant information about those offenders to others as provided in this Article. (1995, c. 545, s. 1; 1997‑516, s. 1.)

 

§ 14‑208.6.  Definitions.

The following definitions apply in this Article:

(1a)     "Aggravated offense" means any criminal offense that includes either of the following: (i) engaging in a sexual act involving vaginal, anal, or oral penetration with a victim of any age through the use of force or the threat of serious violence; or (ii) engaging in a sexual act involving vaginal, anal, or oral penetration with a victim who is less than 12 years old.

(1b)     "County registry" means the information compiled by the sheriff of a county in compliance with this Article.

(1c)     "Division" means the Division of Criminal Statistics of the Department of Justice.

(1d)     "Employed" includes employment that is full‑time or part‑time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit.

(1e)     "Institution of higher education" means any postsecondary public or private educational institution, including any trade or professional institution, college, or university.

(1f)     "Mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of others.

(1g)     "Nonresident student" means a person who is not a resident of North Carolina but who is enrolled in any type of school in the State on a part‑time or full‑time basis.

(1h)     "Nonresident worker" means a person who is not a resident of North Carolina but who has employment or carries on a vocation in the State, on a part‑time or full‑time basis, with or without compensation or government or educational benefit, for more than 14 days, or for an aggregate period exceeding 30 days in a calendar year.

(1i)      "Offense against a minor" means any of the following offenses if the offense is committed against a minor, and the person committing the offense is not the minor's parent: G.S. 14‑39 (kidnapping), G.S. 14‑41 (abduction of children), and G.S. 14‑43.3 (felonious restraint). The term also includes the following if the person convicted of the following is not the minor's parent: a solicitation or conspiracy to commit any of these offenses; aiding and abetting any of these offenses.

(2)       "Penal institution" means:

a.         A detention facility operated under the jurisdiction of the Division of Prisons of the Department of Correction;

b.         A detention facility operated under the jurisdiction of another state or the federal government; or

c.         A detention facility operated by a local government in this State or another state.

(2a)     "Personality disorder" means an enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual's culture, is pervasive and inflexible, has an onset in adolescence or early adulthood, is stable over time, and leads to distress or impairment.

(2b)     "Recidivist" means a person who has a prior conviction for an offense that is described in G.S. 14‑208.6(4).

(3)       "Release" means discharged or paroled.

(4)       "Reportable conviction" means:

a.         A final conviction for an offense against a minor, a sexually violent offense, or an attempt to commit any of those offenses unless the conviction is for aiding and abetting. A final conviction for aiding and abetting is a reportable conviction only if the court sentencing the individual finds that the registration of that individual under this Article furthers the purposes of this Article as stated in G.S. 14‑208.5.

b.         A final conviction in another state of an offense, which if committed in this State, is substantially similar to an offense against a minor or a sexually violent offense as defined by this section.

c.         A final conviction in a federal jurisdiction (including a court martial) of an offense, which is substantially similar to an offense against a minor or a sexually violent offense as defined by this section.

d.         A final conviction for a violation of G.S. 14‑202(d), (e), (f), (g), or (h), or a second or subsequent conviction for a violation of G.S. 14‑202(a), (a1), or (c), only if the court sentencing the individual issues an order pursuant to G.S. 14‑202(l) requiring the individual to register.

(5)       "Sexually violent offense" means a violation of G.S. 14‑27.2 (first degree rape), G.S. 14‑27.3 (second degree rape), G.S. 14‑27.4 (first degree sexual offense), G.S. 14‑27.5 (second degree sexual offense), G.S. 14‑27.5A (sexual battery), G.S. 14‑27.6 (attempted rape or sexual offense), G.S. 14‑27.7 (intercourse and sexual offense with certain victims), G.S. 14‑178 (incest between near relatives), G.S. 14‑190.6 (employing or permitting minor to assist in offenses against public morality and decency), G.S. 14‑190.9(a1) (felonious indecent exposure), G.S. 14‑190.16 (first degree sexual exploitation of a minor), G.S. 14‑190.17 (second degree sexual exploitation of a minor), G.S. 14‑190.17A (third degree sexual exploitation of a minor), G.S. 14‑190.18 (promoting prostitution of a minor), G.S. 14‑190.19 (participating in the prostitution of a minor), G.S. 14‑202.1 (taking indecent liberties with children), or G.S. 14‑202.3 (Solicitation of child by computer to commit an unlawful sex act). The term also includes the following: a solicitation or conspiracy to commit any of these offenses; aiding and abetting any of these offenses.

(6)       "Sexually violent predator" means a person who has been convicted of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in sexually violent offenses directed at strangers or at a person with whom a relationship has been established or promoted for the primary purpose of victimization.

(7)       "Sheriff" means the sheriff of a county in this State.

(8)       "Statewide registry" means the central registry compiled by the Division in accordance with G.S. 14‑208.14.

(9)       "Student" means a person who is enrolled on a full‑time or part‑time basis, in any postsecondary public or private educational institution, including any trade or professional institution, or other institution of higher education. (1995, c. 545, s. 1; 1997‑15, ss. 1, 2; 1997‑516, s. 1; 1999‑363, s. 1; 2001‑373, s. 1; 2002‑147, s. 16; 2003‑303, s. 2; 2004‑109, s. 8; 2005‑121, s. 2; 2005‑130, s. 1; 2005‑226, s. 2.)

 

§ 14‑208.6A.  Lifetime registration requirements for criminal offenders.

It is the objective of the General Assembly to establish a 10‑year registration requirement for persons convicted of certain offenses against minors or sexually violent offenses. It is the further objective of the General Assembly to establish a more stringent set of registration requirements for recidivists, persons who commit aggravated offenses, and for a subclass of highly dangerous sex offenders who are determined by a sentencing court with the assistance of a board of experts to be sexually violent predators.

To accomplish this objective, there are established two registration programs: the Sex Offender and Public Protection Registration Program and the Sexually Violent Predator Registration Program. Any person convicted of an offense against a minor or of a sexually violent offense as defined by this Article shall register as an offender in accordance with Part 2 of this Article. Any person who is a recidivist, who commits an aggravated offense, or who is determined to be a sexually violent predator shall register as such in accordance with Part 3 of this Article.

The information obtained under these programs shall be immediately shared with the appropriate local, State, federal, and out‑of‑state law enforcement officials and penal institutions. In addition, the information designated under G.S. 14‑208.10(a) as public record shall be readily available to and accessible by the public. However, the identity of the victim is not public record and shall not be released as a public record. (1997‑516, s. 1; 2001‑373, s. 2.)

 

§ 14‑208.6B.  Registration requirements for juveniles transferred to and convicted in superior court.

A juvenile transferred to superior court pursuant to G.S. 7B‑2200 who is convicted of a sexually violent offense or an offense against a minor as defined in G.S. 14‑208.6 shall register in accordance with this Article just as an adult convicted of the same offense must register. (1997‑516, s. 1; 1998‑202, s. 13(e).)

 

§ 14‑208.6C.  Discontinuation of registration requirement.

The period of registration required by any of the provisions of this Article shall be discontinued only if the conviction requiring registration is reversed, vacated, or set aside, or if the registrant has been granted an unconditional pardon of innocence for the offense requiring registration. (2001‑373, s. 3.)

 

Part 2. Sex Offender and Public Protection Registration Program.

§ 14‑208.7.  Registration.

(a)       A person who is a State resident and who has a reportable conviction shall be required to maintain registration with the sheriff of the county where the person resides. If the person moves to North Carolina from outside this State, the person shall register within 10 days of establishing residence in this State, or whenever the person has been present in the State for 15 days, whichever comes first. If the person is a current resident of North Carolina, the person shall register:

(1)       Within 10 days of release from a penal institution or arrival in a county to live outside a penal institution; or

(2)       Immediately upon conviction for a reportable offense where an active term of imprisonment was not imposed.

Registration shall be maintained for a period of 10 years following release from a penal institution. If no active term of imprisonment was imposed, registration shall be maintained for a period of 10 years following each conviction for a reportable offense.

(a1)     A person who is a nonresident student or a nonresident worker and who has a reportable conviction, or is required to register in the person's state of residency, is required to maintain registration with the sheriff of the county where the person works or attends school. In addition to the information required under subsection (b) of this section, the person shall also provide information regarding the person's school or place of employment as appropriate and the person's address in his or her state of residence.

(b)       The Division shall provide each sheriff with forms for registering persons as required by this Article. The registration form shall require:

(1)       The person's full name, each alias, date of birth, sex, race, height, weight, eye color, hair color, drivers license number, and home address;

(2)       The type of offense for which the person was convicted, the date of conviction, and the sentence imposed;

(3)       A current photograph;

(4)       The person's fingerprints;

(5)       A statement indicating whether the person is a student or expects to enroll as a student within a year of registering. If the person is a student or expects to enroll as a student within a year of registration, then the registration form shall also require the name and address of the educational institution at which the person is a student or expects to enroll as a student; and

(6)       A statement indicating whether the person is employed or expects to be employed at an institution of higher education within a year of registering. If the person is employed or expects to be employed at an institution of higher education within a year of registration, then the registration form shall also require the name and address of the educational institution at which the person is or expects to be employed.

The sheriff shall photograph the individual at the time of registration and take fingerprints from the individual at the time of registration both of which will be kept as part of the registration form. The registrant will not be required to pay any fees for the photograph or fingerprints taken at the time of registration.

(c)       When a person registers, the sheriff with whom the person registered shall immediately send the registration information to the Division in a manner determined by the Division. The sheriff shall retain the original registration form and other information collected and shall compile the information that is a public record under this Part into a county registry. (1995, c. 545, s. 1; 1997‑516, s. 1; 2001‑373, s. 4; 2002‑147, s. 17.)

 

§ 14‑208.8.  Prerelease notification.

(a)       At least 10 days, but not earlier than 30 days, before a person who will be subject to registration under this Article is due to be released from a penal institution, an official of the penal institution shall:

(1)       Inform the person of the person's duty to register under this Article and require the person to sign a written statement that the person was so informed or, if the person refuses to sign the statement, certify that the person was so informed;

(2)       Obtain the registration information required under G.S. 14‑208.7(b)(1), (2), (5), and (6), as well as the address where the person expects to reside upon the person's release; and

(3)       Send the Division and the sheriff of the county in which the person expects to reside the information collected in accordance with subdivision (2) of this subsection.

(b)       If a person who is subject to registration under this Article does not receive an active term of imprisonment, the court pronouncing sentence shall conduct, at the time of sentencing, the notification procedures specified in subsection (a) of this section. (1995, c. 545, s. 1; 1997‑516, s. 1; 2002‑147, s. 18.)

 

§ 14‑208.9.  Change of address; change of academic status or educational employment status.

(a)       If a person required to register changes address, the person shall provide written notice of the new address not later than the tenth day after the change to the sheriff of the county with whom the person had last registered. Upon receipt of the notice, the sheriff shall immediately forward this information to the Division. If the person moves to another county in this State, the Division shall inform the sheriff of the new county of the person's new residence.

(b)       If a person required to register moves to another state, the person shall provide written notice of the new address not later than 10 days after the change to the sheriff of the county with whom the person had last registered. Upon receipt of the notice, the sheriff shall notify the person that the person must comply with the registration requirements in the new state of residence. The sheriff shall also immediately forward the change of address information to the Division, and the Division shall inform the appropriate state official in the state to which the registrant moves of the person's new address.

(c)       If a person required to register changes his or her academic status either by enrolling as a student or by terminating enrollment as a student, then the person shall provide written notice of the new status not later than the tenth day after the change to the sheriff of the county with whom the person registered. The written notice shall include the name and address of the institution of higher education at which the student is or was enrolled. Upon receipt of the notice, the sheriff shall immediately forward this information to the Division.

(d)       If a person required to register changes his or her employment status either by obtaining employment at an institution of higher education or by terminating employment at an institution of higher education, then the person shall provide written notice of the new status not later than the tenth day after the change to the sheriff of the county with whom the person registered. The written notice shall include the name and address of the institution of higher education at which the person is or was employed. Upon receipt of the notice, the sheriff shall immediately forward this information to the Division. (1995, c. 545, s. 1; 1997‑516, s. 1; 2001‑373, s. 5; 2002‑147, s. 19.)

 

§ 14‑208.9A.  Verification of registration information.

The information in the county registry shall be verified annually for each registrant as follows:

(1)       Every year on the anniversary of a person's initial registration date, the Division shall mail a nonforwardable verification form to the last reported address of the person.

(2)       The person shall return the verification form to the sheriff within 10 days after the receipt of the form.

(3)       The verification form shall be signed by the person and shall indicate whether the person still resides at the address last reported to the sheriff. If the person has a different address, then the person shall indicate that fact and the new address.

(4)       If the person fails to return the verification form to the sheriff within 10 days after receipt of the form, the person is subject to the penalties provided in G.S. 14‑208.11. If the verification form is returned to the sheriff as undeliverable, the sheriff shall make a reasonable attempt to verify that the person is residing at the registered address. If the person cannot be found at the registered address and has failed to report a change of address, the person is subject to the penalties provided in G.S. 14‑208.11, unless the person reports in person to the sheriff and proves that the person has not changed his or her residential address. (1997‑516, s. 1.)

 

§ 14‑208.10.  Registration information is public record; access to registration information.

(a)       The following information regarding a person required to register under this Article is public record and shall be available for public inspection: name, sex, address, physical description, picture, conviction date, offense for which registration was required, the sentence imposed as a result of the conviction, and registration status. The information obtained under G.S. 14‑208.22 regarding a person's medical records or documentation of treatment for the person's mental abnormality or personality disorder shall not be a part of the public record.

The sheriff shall release any other relevant information that is necessary to protect the public concerning a specific person, but shall not release the identity of the victim of the offense that required registration under this Article.

(b)       Any person may obtain a copy of an individual's registration form, a part of the county registry, or all of the county registry, by submitting a written request for the information to the sheriff. However, the identity of the victim of an offense that requires registration under this Article shall not be released. The sheriff may charge a reasonable fee for duplicating costs and for mailing costs when appropriate. (1995, c. 545, s. 1; 1997‑516, s. 1.)

 

§ 14‑208.11.  Failure to register; falsification of verification notice; failure to return verification form; order for arrest.

(a)       A person required by this Article to register who does any of the following is guilty of a Class F felony:

(1)       Fails to register.

(2)       Fails to notify the last registering sheriff of a change of address.

(3)       Fails to return a verification notice as required under G.S. 14‑208.9A.

(4)       Forges or submits under false pretenses the information or verification notices required under this Article.

(5)       Fails to inform the registering sheriff of enrollment or termination of enrollment as a student.

(6)       Fails to inform the registering sheriff of employment at an institution of higher education or termination of employment at an institution of higher education.

(a1)     If a person commits a violation of subsection (a) of this section, the probation officer, parole officer, or any other law enforcement officer who is aware of the violation shall immediately arrest the person in accordance with G.S. 15A‑401, or seek an order for the person's arrest in accordance with G.S. 15A‑305.

(b)       Before a person convicted of a violation of this Article is due to be released from a penal institution, an official of the penal institution shall conduct the prerelease notification procedures specified under G.S. 14‑208.8(a)(2) and (3). If upon a conviction for a violation of this Article, no active term of imprisonment is imposed, the court pronouncing sentence shall, at the time of sentencing, conduct the notification procedures specified under G.S. 14‑208.8(a)(2) and (3). (1995, c. 545, s. 1; 1997‑516, s. 1; 2002‑147, s. 20.)

 

§ 14‑208.12:  Repealed by Session Laws 1997‑516, s. 1.

 

§ 14‑208.12A.  Termination of registration requirement.

(a)       The requirement that a person register under this Part automatically terminates 10 years from the date of initial county registration if the person has not been convicted of a subsequent offense requiring registration under this Article.

(b)       If there is a subsequent offense, the county registration records shall be retained until the registration requirement for the subsequent offense is terminated. (1997‑516, s. 1.)

 

§ 14‑208.13.  File with Police Information Network.

(a)       The Division shall include the registration information in the Police Information Network as set forth in G.S. 114‑10.1.

(b)       The Division shall maintain the registration information permanently even after the registrant's reporting requirement expires. (1995, c. 545, s. 1; 1997‑516, s. 1.)

 

§ 14‑208.14.  Statewide registry; Division of Criminal Statistics designated custodian of statewide registry.

(a)       The Division of Criminal Statistics shall compile and keep current a central statewide sex offender registry. The Division is the State agency designated as the custodian of the statewide registry. As custodian the Division has the following responsibilities:

(1)       To receive from the sheriff or any other law enforcement agency or penal institution all sex offender registrations, changes of address, changes of academic or educational employment status, and prerelease notifications required under this Article or under federal law. The Division shall also receive notices of any violation of this Article, including a failure to register or a failure to report a change of address.

(2)       To provide all need‑to‑know law enforcement agencies (local, State, campus, federal, and those located in other states) immediately upon receipt by the Division of any of the following: registration information, a prerelease notification, a change of address, a change of academic or educational employment status, or notice of a violation of this Article.

(2a)     To notify the appropriate law enforcement unit at an institution of higher education as soon as possible upon receipt by the Division of relevant information based on registration information or notice of a change of academic or educational employment status. If an institution of higher education does not have a law enforcement unit, then the Division shall provide the information to the local law enforcement agency that has jurisdiction for the campus.

(3)       To coordinate efforts among law enforcement agencies and penal institutions to ensure that the registration information, changes of address, prerelease notifications, and notices of failure to register or to report a change of address are conveyed in an appropriate and timely manner.

(4)       To provide public access to the statewide registry in accordance with this Article.

(b)       The statewide registry shall include the following:

(1)       Registration information obtained by a sheriff or penal institution under this Article or from any other local or State law enforcement agency.

(2)       Registration information received from a state or local law enforcement agency or penal institution in another state.

(3)       Registration information received from a federal law enforcement agency or penal institution. (1997‑516, s. 1; 2002‑147, s. 21.)

 

§ 14‑208.15.   Certain statewide registry information is public record: access to statewide registry.

(a)       The information in the statewide registry that is public record is the same as in G.S. 14‑208.10. The Division shall release any other relevant information that is necessary to protect the public concerning a specific person, but shall not release the identity of the victim of the offense that required registration under this Article.

(b)       The Division shall provide free public access to automated data from the statewide registry, including photographs provided by the registering sheriffs, via the Internet. The public will be able to access the statewide registry to view an individual registration record, a part of the statewide registry, or all of the statewide registry. The Division may also provide copies of registry information to the public upon written request and may charge a reasonable fee for duplicating costs and mailings costs. (1997‑516, s. 1.)

 

§§ 14‑208.16 through 14‑208.19.  Reserved for future codification purposes.

 

Part 3. Sexually Violent Predator Registration Program.

§ 14‑208.20.  Sexually violent predator determination; notice of intent; presentence investigation.

(a)       When a person is charged by indictment or information with the commission of a sexually violent offense, the district attorney shall decide whether to seek classification of the offender as a sexually violent predator if the person is convicted. If the district attorney intends to seek the classification of a sexually violent predator, the district attorney shall within the time provided for the filing of pretrial motions under G.S. 15A‑952 file a notice of the district attorney's intent. The court may for good cause shown allow late filing of the notice, grant additional time to the parties to prepare for trial, or make other appropriate orders.

(b)       Prior to sentencing a person as a sexually violent predator, the court shall order a presentence investigation in accordance with G.S. 15A‑1332(c). However, the study of the defendant and whether the defendant is a sexually violent predator shall be conducted by a board of experts selected by the Department of Correction. The board of experts shall be composed of at least four people. Two of the board members shall be experts in the field of the behavior and treatment of sexual offenders, one of whom shall be selected from a panel of experts in those fields provided by the North Carolina Medical Society and not employed with the Department of Correction or employed on a full‑time basis with any other State agency. One of the board members shall be a victims' rights advocate, and one of the board members shall be a representative of law enforcement agencies.

(c)       When the defendant is returned from the presentence commitment, the court shall hold a sentencing hearing in accordance with G.S. 15A‑1334. At the sentencing hearing, the court shall, after taking the presentencing report under advisement, make written findings as to whether the defendant is classified as a sexually violent predator and the basis for the court's findings. (1997‑516, s. 1; 2001‑373, s. 6.)

 

§ 14‑208.21.  Lifetime registration procedure; application of Part 2 of this Article.

Unless provided otherwise by this Part, the provisions of Part 2 of this Article apply to a person classified as a sexually violent predator, a person who is a recidivist, or a person who is convicted of an aggravated offense. The procedure for registering as a sexually violent predator, a recidivist, or a person convicted of an aggravated offense is the same as under Part 2 of this Article. (1997‑516, s. 1; 2001‑373, s. 7.)

 

§ 14‑208.22.  Additional registration information required.

(a)       In addition to the information required by G.S. 14‑208.7, the following information shall also be obtained in the same manner as set out in Part 2 of this Article from a person who is a recidivist, who is convicted of an aggravated offense, or who is classified as a sexually violent predator:

(1)       Identifying factors.

(2)       Offense history.

(3)       Documentation of any treatment received by the person for the person's mental abnormality or personality disorder.

(b)       The Division shall provide each sheriff with forms for registering persons as required by this Article.

(c)       The Department of Correction shall also obtain the additional information set out in subsection (a) of this section and shall include this information in the prerelease notice forwarded to the sheriff or other appropriate law enforcement agency. (1997‑516, s. 1; 2001‑373, s. 8.)

 

§ 14‑208.23.  Length of registration.

A person who is a recidivist, who is convicted of an aggravated offense, or who is classified as a sexually violent predator shall maintain registration for the person's life. Except as provided under G.S. 14‑208.6C, the requirement of registration shall not be terminated. (1997‑516, s. 1; 2001‑373, s. 9.)

 

§ 14‑208.24.  Verification of registration information.

(a)       The information in the county registry shall be verified by the sheriff for each registrant who is a recidivist, who is convicted of an aggravated offense, or who is classified as a sexually violent predator every 90 days after the person's initial registration date.

(b)       The procedure for verifying the information in the criminal offender registry is the same as under G.S. 14‑208.9A, except that verification shall be every 90 days as provided by subsection (a) of this section. (1997‑516, s. 1; 2001‑373, s. 10.)

 

§ 14‑208.25: Repealed by Session Laws 2001‑373, s. 11.

 

Part 4.  Registration of Certain Juveniles Adjudicated for Committing Certain Offenses.

§ 14‑208.26.  Registration of certain juveniles adjudicated delinquent for committing certain offenses.

(a)       When a juvenile is adjudicated delinquent for a violation of G.S. 14‑27.2 (first degree rape), G.S. 14‑27.3 (second degree rape), G.S. 14‑27.4 (first degree sexual offense), G.S. 14‑27.5 (second degree sexual offense), or G.S. 14‑27.6 (attempted rape or sexual offense), and the juvenile was at least eleven years of age at the time of the commission of the offense, the court shall consider whether the juvenile is a danger to the community. If the court finds that the juvenile is a danger to the community, then the court shall consider whether the juvenile should be required to register with the county sheriff in accordance with this Part. The determination as to whether the juvenile is a danger to the community and whether the juvenile shall be ordered to register shall be made by the presiding judge at the dispositional hearing. If the judge rules that the juvenile is a danger to the community and that the juvenile shall register, then an order shall be entered requiring the juvenile to register. The court's findings regarding whether the juvenile is a danger to the community and whether the juvenile shall register shall be entered into the court record. No juvenile may be required to register under this Part unless the court first finds that the juvenile is a danger to the community.

A juvenile ordered to register under this Part shall register and maintain that registration as provided by this Part.

(a1)     For purposes of this section, a violation of any of the offenses listed in subsection (a) of this section includes all of the following: (i) the commission of any of those offenses, (ii) the attempt, conspiracy, or solicitation of another to commit any of those offenses, (iii) aiding and abetting any of those offenses.

(b)       If the court finds that the juvenile is a danger to the community and must register, the presiding judge shall conduct the notification procedures specified in G.S. 14‑208.8. The chief court counselor of that district shall file the registration information for the juvenile with the appropriate sheriff. (1997‑516, s. 1; 1999‑363, s. 2.)

 

§ 14‑208.27.  Change of address.

If a juvenile who is adjudicated delinquent and required to register changes address, the juvenile court counselor for the juvenile shall provide written notice of the new address not later than the tenth day after the change to the sheriff of the county with whom the juvenile had last registered. Upon receipt of the notice, the sheriff shall immediately forward this information to the Division. If the juvenile moves to another county in this State, the Division shall inform the sheriff of the new county of the juvenile's new residence. (1997‑516, s. 1; 2001‑490, s. 2.36.)

 

§ 14‑208.28.  Verification of registration information.

The information provided to the sheriff shall be verified annually for each juvenile registrant as follows:

(1)       Every year on the anniversary of a juvenile's initial registration date, the sheriff shall mail a verification form to the juvenile court counselor assigned to the juvenile.

(2)       The juvenile court counselor for the juvenile shall return the verification form to the sheriff within 10 days after the receipt of the form.

(3)       The verification form shall be signed by the juvenile court counselor and the juvenile and shall indicate whether the juvenile still resides at the address last reported to the sheriff. If the juvenile has a different address, then that fact and the new address shall be indicated on the form. (1997‑516, s. 1; 2001‑490, s. 2.37.)

 

§ 14‑208.29.  Registration information is not public record; access to registration information available only to law enforcement agencies.

(a)       Notwithstanding any other provision of law, the information regarding a juvenile required to register under this Part is not public record and is not available for public inspection.

(b)       The registration information of a juvenile adjudicated delinquent and required to register under this Part shall be maintained separately by the sheriff and released only to law enforcement agencies. Under no circumstances shall the registration of a juvenile adjudicated delinquent be included in the county or statewide registries, or be made available to the public via internet. (1997‑516, s. 1.)

 

§ 14‑208.30.  Termination of registration requirement.

The requirement that a juvenile adjudicated delinquent register under this Part automatically terminates on the juvenile's eighteenth birthday or when the jurisdiction of the juvenile court with regard to the juvenile ends, whichever occurs first. (1997‑516, s. 1.)

 

§ 14‑208.31.  File with Police Information Network.

(a)       The Division shall include the registration information in the Police Information Network as set forth in G.S. 114‑10.1.

(b)       The Division shall maintain the registration information permanently even after the registrant's reporting requirement expires; however, the records shall remain confidential in accordance with Article 32 of Chapter 7B of the General Statutes. (1997‑516, s. 1; 1998‑202, s. 14.)

 

§ 14‑208.32.  Application of Part.

This Part does not apply to a juvenile who is tried and convicted as an adult for committing or attempting to commit a sexually violent offense or an offense against a minor. A juvenile who is convicted of one of those offenses as an adult is subject to the registration requirements of Part 2 and Part 3 of this Article. (1997‑516, s. 1.)