2018 Louisiana Laws
Revised Statutes
TITLE 15 - Criminal Procedure
RS 15:544.2 - Registration and notification period end date; determination; procedures

Universal Citation: LA Rev Stat § 15:544.2 (2018)

§544.2. Registration and notification period end date; determination; procedures

            A.(1) Except as provided in Subsections B and C of this Section, for an offender who is required to register as a sex offender or child predator pursuant to the provisions of this Chapter, at least fourteen years from the initial date of registration in Louisiana after the date of conviction for which the offender is required to register pursuant to the provisions of this Chapter or from the date of the offender's latest release from any incarceration, except pursuant to a misdemeanor arrest or conviction or a felony arrest that does not result in a felony conviction, whichever is later, the following procedures shall apply:

            (a) The office of state police and the sheriff of each parish in which the offender resides, or has resided, shall upload the offender's registration history to the offender's file in the State Sex Offender and Child Predator Registry.

            (b) The Department of Justice shall review the offender's criminal history and registration history and post a prospective registration and notification period end date to the offender's file in the Sex Offender and Child Predator Registry. When posting the prospective registration and notification period end date, the Department of Justice shall include any details relied upon at the time to calculate the registration and notification period end date. If at any time after the determination of the registration and notification period end date the offender's criminal history or registration history reflects actions or inaction that, pursuant to the provisions of this Chapter, requires the running of the registration period to begin anew or to be suspended, the registration and notification period end date shall be revised by the Department of Justice accordingly.

            (c) Within thirty days from the date on which the Department of Justice posts its determination of the registration and notification period end date to the offender's file in the State Sex Offender and Child Predator Registry, the Department of Justice or its authorized agent shall give the offender written notice of the prospective registration and notification period end date which shall inform the offender that the registration and notification period end date shall be revised if the offender's criminal history or registration history subsequently reflects actions or inaction that, pursuant to the provisions of this Chapter, requires the end date to be recalculated. The written notice shall also inform the offender of his right to seek review of the Department of Justice's determination as provided in Subsections E and G of this Section. The date on which the letter is sent notifying the offender of his registration and notification period end date shall be entered by the Department of Justice or its authorized agent in the offender's registry profile.

            (2) The provisions of this Subsection shall not apply to any of the following:

            (a) Any person convicted of a sexual offense against a victim who is a minor as defined by R.S. 15:541.

            (b) Any person convicted of an aggravated offense as defined by R.S. 15:541.

            (c) Any person who has been convicted of more than one offense that requires registration pursuant to the provisions of this Chapter.

            B. For an offender who is required to register pursuant to the provisions of this Chapter for a conviction of a sexual offense against a victim who is a minor as defined by R.S. 15:541, at least twenty-four years after the date of conviction for which the offender is required to register pursuant to the provisions of this Chapter or the date of the offender's latest release from any incarceration, except pursuant to a misdemeanor arrest or conviction or for a felony arrest that does not result in a felony conviction, the following procedures shall apply:

            (1) The office of state police and the sheriff of each parish in which the offender resides shall upload the offender's registration history to the offender's file in the Sex Offender and Child Predator Registry.

            (2) The Sexual Predator Apprehension Team of the Department of Justice shall review the offender's criminal history and registration history and post a prospective registration and notification period end date to the offender's file in the State Sex Offender and Child Predator Registry. When posting the prospective registration and notification period end date, the Department of Justice shall include any details relied upon at the time to calculate the registration and notification period end date. If at any time after the determination of the registration and notification period end date the offender's criminal history or registration history reflects actions or inaction that, pursuant to the provisions of this Chapter, requires the running of the registration period to begin anew or to be suspended, the registration and notification period end date shall be revised by the Department of Justice accordingly.

            (3) Within thirty days from the date on which the Sexual Predator Apprehension Team of the Department of Justice posts its determination of the registration and notification period end date to the offender's file in the State Sex Offender and Child Predator Registry, the Department of Justice or its authorized agent shall give the offender written notice of the prospective registration and notification period end date which shall inform the offender that the registration and notification period end date shall be revised if the offender's criminal history or registration history subsequently reflects actions or inaction that, pursuant to the provisions of this Chapter, requires the end date to be recalculated. The written notice shall also inform the offender of his right to seek review of the Department of Justice's determination as provided in Subsections E and G of this Section. The date on which the letter is sent notifying the offender of his registration and notification period end date shall be entered by the Department of Justice or its authorized agent in the offender's registry profile.

            (4) The provisions of this Subsection shall not apply to any person who has been convicted of more than one offense that requires registration pursuant to the provisions of this Chapter or to anyone convicted of an aggravated offense as defined by R.S. 15:541.

            C. Whenever there is a question regarding whether an offender, convicted or adjudicated in a Louisiana state court of an offense requiring registration and notification pursuant to the provisions of this Chapter, as a fifteen-year, a twenty-five-year, or a lifetime registrant, the Sexual Predator Apprehension Team of the Department of Justice shall have the authority to make determinations regarding the appropriate time period of registration in accordance with the provisions of this Chapter. When such a determination is made by the Sexual Predator Apprehension Team of the Department of Justice, the determination shall be noted in the offender's profile on the State Sex Offender and Child Predator Registry. These determinations shall be binding for purposes of enforcement of the registration and notification provisions of this Chapter unless overturned by a court of competent jurisdiction pursuant to R.S. 15:544.1 when a petition is filed within one hundred eighty days of the date of the written notice. Failure to timely file a petition for such relief pursuant to the provisions of this Subsection shall constitute a waiver by the offender and shall make the registration and notification period determination by the Department of Justice binding and final.

            D. The registration and notification period end date, calculated and maintained by the Department of Justice pursuant to the provisions of Subsections A and B of this Section, shall be set in accordance with the provisions of this Chapter and shall be binding for purposes of enforcement of the registration and notification provisions of this Chapter unless overturned by the court of competent jurisdiction pursuant to R.S. 15:544.1.

            E. If an offender, who is currently residing in this state and is under an active obligation to register and provide notification pursuant to the provisions of this Chapter, believes that the determined registration and notification period end date is incorrect, the offender may seek further review of the end date determination by the Department of Justice within forty-five days of the date on which the notice was sent pursuant to Subparagraph (A)(1)(c) or Paragraph (B)(3) of this Section. The request shall be made in writing and addressed to: Office of the Attorney General, SPAT Unit, Post Office Box 94005, Baton Rouge, Louisiana 70804-9005. The request for review shall include all of the following:

            (1) Name, date of birth, social security number, and phone number of the offender.

            (2) Address of residence and parish in which the offender is currently residing.

            (3) The offense for which the offender was convicted that requires registration and notification pursuant to the provisions of this Chapter, the jurisdiction of conviction, the court of conviction, the date of conviction, and the latest release from incarceration for the conviction that requires registration and notification pursuant to the provisions of this Chapter.

            (4) Specific legal or factual reasons why the offender believes the current registration and notification period end date as determined by the Department of Justice is incorrect.

            (5) A copy of the most recent offender contract signed by the offender at the office of the sheriff of the parish in which the offender resides.

            (6) An affidavit of verification that all allegations of fact are true and accurate.

            F. If the request for review meets all of the requirements set forth in Subsection E of this Section, the request shall be reviewed by the Department of Justice. The Department of Justice shall post its decision, and any pertinent law and facts relied upon in making its decision, to the offender's registry file. The Department of Justice or its authorized agent shall provide written notice of the department's decision to the offender within thirty days from the date on which the decision was posted to the offender's file in the State Sex Offender and Child Predator Registry by the Department of Justice. If the request for review submitted by the offender does not meet the procedural requirements set forth in Subsection E of this Section, the request for review shall be rejected and the offender shall be given notice of the rejection through the same method as the notification of the prospective registration and notification end date determination and the date of such notice shall be entered into the offender's registry profile.

            G. Within one hundred eighty days of the issuance of notice pursuant to Subsection A, B, E, or F of this Section, whichever is later, the offender may file a petition for injunctive relief or for a declaratory judgment pursuant to the provisions of R.S. 15:544.1. Failure to timely file a petition for such relief pursuant to the provisions of this Subsection shall constitute a waiver by the offender and shall make the registration and notification period end date determination by the Department of Justice final, unless the registration and notification period end date is revised by the Department of Justice because the offender's criminal history or registration history reflects actions or inaction that, pursuant to the provisions of this Chapter, requires the running of the registration period to begin anew or to be suspended.

            H. When an offender has complied with all registration and notification requirements for the period of time required by the provisions of this Chapter, the Department of Justice shall, upon request by the offender, issue a formal letter verifying that the offender has completed all his requirements. This letter shall state that the offender is no longer required to register and notify as a sex offender or a child predator for the underlying sex offense or criminal offense against a victim who is a minor, as defined by R.S. 15:541, which gave rise to his obligation to register, unless the offender is convicted of another offense which requires registration and notification pursuant to the provisions of this Chapter.

            I. If at any time after the determination of the registration and notification period end date is made pursuant to the provisions of this Chapter, the offender's criminal history or registration history reflects actions or inaction that, pursuant to the provisions of this Chapter, requires the running of the registration period to begin anew or to be suspended, and the registration and notification period end date is revised by the Department of Justice, the Department of Justice shall post the updated registration and notification period end date to the offender's file in the State Sex Offender and Child Predator Registry. Within thirty days from the date on which the Department of Justice posts the revised registration and notification period end date to the offender's file, the Department of Justice or its authorized agent shall give the offender written notice by mail of the revised end date and notify the offender of his right to seek review of the determination by the Department of Justice as provided in Subsections E and G of this Section.

            J. The Department of Justice is not required to make the determination of the registration and notification period end date for any offender who is incarcerated or living out of state and is, therefore, not under an active obligation to register and provide notification in Louisiana. Once the offender is released from incarceration or returns to live in Louisiana and is under an active obligation to register and provide notification in this state, the determination of registration and notification period end date shall be made pursuant to the provisions of this Section.

            K. Nothing in this Section shall be construed to relieve an offender of the obligation to register and provide notification pursuant to the provisions of this Chapter prior to complying with the obligations of this Chapter for the requisite period of time.

            Acts 2014, No. 798, §1, eff. Aug. 1, 2014; Acts 2017, No. 307, §1.

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