2013 Kentucky Revised Statutes CHAPTER 17 - PUBLIC SAFETY 17.510 Registration system for adults who have committed sex crimes or crimes against minors -- Persons required to register -- Manner of registration -- Penalties -- Notifications of violations required.
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17.510 Registration system for adults who have committed sex crimes or
crimes against minors -- Persons required to register -- Manner of
registration -- Penalties -- Notifications of violations required.
(1)
(2)
(3)
(4)
(5)
The cabinet shall develop and implement a registration system for registrants
which includes creating a new computerized information file to be accessed
through the Law Information Network of Kentucky.
A registrant shall, on or before the date of his or her release by the court, the
parole board, the cabinet, or any detention facility, register with the appropriate
local probation and parole office in the county in which he or she intends to
reside. The person in charge of the release shall facilitate the registration
process.
Any person required to register pursuant to subsection (2) of this section shall
be informed of the duty to register by the court at the time of sentencing if the
court grants probation or conditional discharge or does not impose a penalty of
incarceration, or if incarcerated, by the official in charge of the place of
confinement upon release. The court and the official shall require the person to
read and sign any form that may be required by the cabinet, stating that the
duty of the person to register has been explained to the person. The court and
the official in charge of the place of confinement shall require the releasee to
complete the acknowledgment form and the court or the official shall retain the
original completed form. The official shall then send the form to the Information
Services Center, Department of Kentucky State Police, Frankfort, Kentucky
40601.
The court or the official shall order the person to register with the appropriate
local probation and parole office which shall obtain the person's fingerprints,
DNA sample, and photograph. Thereafter, the registrant shall return to the
appropriate local probation and parole office not less than one (1) time every
two (2) years in order for a new photograph to be obtained, and the registrant
shall pay the cost of updating the photo for registration purposes. Any
registrant who has not provided a DNA sample as of July 1, 2009, shall provide
a DNA sample to the appropriate local probation and parole office when the
registrant appears for a new photograph to be obtained. Failure to comply with
this requirement shall be punished as set forth in subsection (11) of this
section.
(a) The appropriate probation and parole office shall send the registration
form containing the registrant information, fingerprint card, and
photograph, and any special conditions imposed by the court or the
Parole Board, to the Information Services Center, Department of
Kentucky State Police, Frankfort, Kentucky 40601. The appropriate
probation and parole office shall send the DNA sample to the Department
of Kentucky State Police forensic laboratory in accordance with
administrative regulations promulgated by the cabinet.
(b) The Information Services Center, upon request by a state or local law
enforcement agency, shall make available to that agency registrant
information, including a person's fingerprints and photograph, where
available, as well as any special conditions imposed by the court or the
Parole Board.
(c)
Any employee of the Justice and Public Safety Cabinet who
disseminates, or does not disseminate, registrant information in good faith
compliance with the requirements of this subsection shall be immune from
criminal and civil liability for the dissemination or lack thereof.
(6) Any person who has been convicted in a court of any state or territory, a court
of the United States, or a similar conviction from a court of competent
jurisdiction in any other country, or a court martial of the United States Armed
Forces of a sex crime or criminal offense against a victim who is a minor and
who has been notified of the duty to register by that state, territory, or court, or
who has been committed as a sexually violent predator under the laws of
another state, laws of a territory, or federal laws, or has a similar conviction
from a court of competent jurisdiction in any other country, shall comply with
the registration requirement of this section, including the requirements of
subsection (4) of this section, and shall register with the appropriate local
probation and parole office in the county of residence within five (5) working
days of relocation. No additional notice of the duty to register shall be required
of any official charged with a duty of enforcing the laws of this Commonwealth.
(7) If a person is required to register under federal law or the laws of another state
or territory, or if the person has been convicted of an offense under the laws of
another state or territory that would require registration if committed in this
Commonwealth, that person upon changing residence from the other state or
territory of the United States to the Commonwealth or upon entering the
Commonwealth for employment, to carry on a vocation, or as a student shall
comply with the registration requirement of this section, including the
requirements of subsection (4) of this section, and shall register within five (5)
working days with the appropriate local probation and parole office in the
county of residence, employment, vocation, or schooling. A person required to
register under federal law or the laws of another state or territory shall be
presumed to know of the duty to register in the Commonwealth. As used in this
subsection, "employment" or "carry on a vocation" includes employment that is
full-time or part-time for a period exceeding fourteen (14) days or for an
aggregate period of time exceeding thirty (30) days during any calendar year,
whether financially compensated, volunteered, or for the purpose of
government or educational benefit. As used in this subsection, "student" means
a person who is enrolled on a full-time or part-time basis, in any public or
private educational institution, including any secondary school, trade or
professional institution, or institution of higher education.
(8) The registration form shall be a written statement signed by the person which
shall include registrant information, including an up-to-date photograph of the
registrant for public dissemination.
(9) For purposes of KRS 17.500 to 17.580 and 17.991, a post office box number
shall not be considered an address.
(10) (a) If the residence address of any registrant changes, but the registrant
remains in the same county, the person shall register, on or before the
date of the change of address, with the appropriate local probation and
parole office in the county in which he or she resides.
(b) 1.
If the registrant changes his or her residence to a new county, the
person shall notify his or her current local probation and parole office
of the new residence address on or before the date of the change of
address.
2.
The registrant shall also register with the appropriate local probation
and parole office in the county of his or her new residence no later
than five (5) working days after the date of the change of address.
(c) If the electronic mail address or any instant messaging, chat, or other
Internet communication name identities of any registrant changes, or if
the registrant creates or uses any new Internet communication name
identities, the registrant shall register the change or new identity, on or
before the date of the change or use or creation of the new identity, with
the appropriate local probation and parole office in the county in which he
or she resides.
(d) 1.
As soon as a probation and parole office learns of the person's new
address under paragraph (b)1. of this subsection, that probation and
parole office shall notify the appropriate local probation and parole
office in the county of the new address of the effective date of the
new address.
2.
As soon as a probation and parole office learns of the person's new
address under paragraph (b)2. of this subsection or learns of the
registrant's new or changed electronic mail address or instant
messaging, chat, or other Internet communication name identities
under paragraph (c) of this subsection, that office shall forward this
information as set forth under subsection (5) of this section.
(11) Any person required to register under this section who knowingly violates any
of the provisions of this section or prior law is guilty of a Class D felony for the
first offense and a Class C felony for each subsequent offense.
(12) Any person required to register under this section or prior law who knowingly
provides false, misleading, or incomplete information is guilty of a Class D
felony for the first offense and a Class C felony for each subsequent offense.
(13) (a) The cabinet shall verify the addresses and the electronic mail address
and any instant messaging, chat, or other Internet communication name
identities of individuals required to register under this section. Verification
shall occur at least once every ninety (90) days for a person required to
register under KRS 17.520(2) and at least once every calendar year for a
person required to register under KRS 17.520(3). If the cabinet
determines that a person has moved or has created or changed any
electronic mail address or any instant messaging, chat, or other Internet
communication name identities used by the person without providing his
or her new address, electronic mail address, or instant messaging, chat,
or other Internet communication name identity to the appropriate local
probation and parole office or offices as required under subsection
(10)(a), (b), and (c) of this section, the cabinet shall notify the appropriate
local probation and parole office of the new address or electronic mail
address or any instant messaging, chat, or other Internet communication
name identities used by the person. The office shall then forward this
information as set forth under subsection (5) of this section. The cabinet
(b)
shall also notify the appropriate court, Parole Board, and appropriate
Commonwealth's attorney, sheriff's office, probation and parole office,
corrections agency, and law enforcement agency responsible for the
investigation of the report of noncompliance.
An agency that receives notice of the noncompliance from the cabinet
under paragraph (a) of this subsection:
1.
Shall consider revocation of the parole, probation, postincarceration
supervision, or conditional discharge of any person released under
its authority; and
2.
Shall notify the appropriate county or Commonwealth's Attorney for
prosecution.
Effective:June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 92, effective June 8, 2011. -Amended 2009 Ky. Acts ch. 100, sec. 6, effective June 25, 2009; and repealed,
reenacted, and amended 2009 Ky. Acts ch. 105, sec. 5, effective March 27,
2009. -- Amended 2008 Ky. Acts ch. 158, sec. 13, effective July 1, 2008. -Amended 2007 Ky. Acts ch. 85, sec. 100, effective June 26, 2007. -- Amended
2006 Ky. Acts ch. 182, sec. 6, effective July 12, 2006. -- Amended 2000 Ky.
Acts ch. 401, sec. 16, effective April 11, 2000. -- Amended 1998 Ky. Acts
ch. 606, sec. 138, effective July 15, 1998. -- Created 1994 Ky. Acts ch. 392,
sec. 2, effective July 15, 1994.
Legislative Research Commission Note (6/26/2007). 2007 Ky. Acts ch. 85,
relating to the creation and organization of the Justice and Public Safety
Cabinet, instructs the Reviser of Statutes to correct statutory references to
agencies and officers whose names have been changed in that Act. Such a
correction has been made in this section.
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