MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary

By: Senator(s) Turner

AN ACT TO AMEND SECTION 45-33-1, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE FEDERAL JACOB WETTERLING ACT IN ORDER TO CLARIFY THAT THE CENTRAL REGISTERING AUTHORITY UNDER THE SEX OFFENDER REGISTRATION ACT IS THE STATE DEPARTMENT OF PUBLIC SAFETY; TO EXPAND AND CLARIFY NOTIFICATION OF THE DUTY TO REGISTER; TO REVISE AND CLARIFY THE RESPONSIBILITIES FOR THE TAKING AND DISSEMINATION OF REGISTRATION INFORMATION; TO ENACT DEFINITIONS; TO CLARIFY AND EXPAND WHAT OFFENSES WILL CONSTITUTE A SEX OFFENSE UNDER THE ACT; TO REQUIRE ADDRESS VERIFICATION ANNUALLY OR QUARTERLY DEPENDING ON THE STATUS OF THE OFFENDER; TO AMEND SECTION 45-33-3, MISSISSIPPI CODE OF 1972, TO SPECIFY WHAT REGISTRATION DUTIES ARE TO BE PERFORMED BY OTHERS AND FORWARDED TO THE CENTRAL REGISTRY; TO AMEND SECTION 45-33-5, MISSISSIPPI CODE OF 1972, TO REQUIRE DETERMINATION OF AN OFFENDER'S STATUS AS A SEXUAL PREDATOR AND WRITTEN ACKNOWLEDGEMENT OF RECEIPT OF NOTICE OF THE DUTY TO REGISTER; TO AMEND SECTION 45-33-9, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE ACT APPLIES TO ADJUDICATIONS OF DELINQUENCY; TO AMEND SECTION 45-33-13, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE SEX OFFENDER ADVISORY BOARD AND THE DUTIES AND COMPENSATION THEREOF; TO AMEND SECTION 45-33-19, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE RELEASE OF INFORMATION AS TO THE IDENTITY OF A VICTIM OF A SEXUAL OFFENSE; TO CODIFY SECTION 99-19-12, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SENTENCING COURT TO RECEIVE THE ADVISORY BOARD'S REPORT AND ENTER A FINDING AS TO THE PREDATORY NATURE OF THE DEFENDANT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 45-33-1, Mississippi Code of 1972, is amended as follows:

45-33-1. (1) Any person residing in this state who has been twice adjudicated delinquent for any sex offense or attempted sex offense or who has been convicted of any sex offense or attempted sex offense or who has been acquitted by reason of insanity for any sex offense or attempted sex offense shall register with * * * the Mississippi Department of Public Safety * * *. Upon request, the department shall make the registration information available to any law enforcement officer, and shall also make available to any person upon request the name, address, place of employment, crime for which convicted and date and place of conviction of any registrant. The department shall automatically forward the initial registration information as well as any changes of address to the sheriff of the county of the residence address of the registrant, to the Federal Bureau of Investigation and to the appropriate state law enforcement agency of any state to which a registrant is moving or has moved. A sheriff shall maintain records for registrants of the county and shall make available to any person upon request the name, address, place of employment, crime for which convicted and date and place of conviction of any registrant.

(2)(a) The * * * following information shall be required for registration: (i) name; (ii) address; (iii) place of employment; (iv) crime for which convicted; (v) date and place of conviction, adjudication, or acquittal by reason of insanity; (vi) aliases used; (vii) Social Security number; (viii) date of birth; (ix) age, race, sex, height, weight, and hair and eye colors; * * * (x) a brief description of the offense or offenses for which the registration is required; (xi) identifying factors; (xii) anticipated future residence; (xiii) offense history; and (xiv) for sexual predators, documentation of any treatment received for any mental abnormality or personality disorder of the person.

(b) A person, other than a person confined in a correctional or juvenile detention facility or involuntarily committed on the basis of mental illness, who is required to register on the basis of a sex offense for which a conviction, adjudication of delinquency or acquittal by reason of insanity was entered prior to July 1, 1995 * * *, shall register no later than August 15, 1995.

(c) A person confined in a correctional or juvenile detention facility or involuntarily committed as of July 1, 1995 and who is required to register shall register prior to release in accordance with procedures established by the Department of Public Safety.

(d) A person moving to or returning to this state from another jurisdiction shall notify the Department of Public Safety ten (10) days before the person first resides in or returns to a county in this state and shall register with the department within ten (10) days * * * of first residing in or returning to a county of this state * * *.

(e) A person required to register on the basis of a conviction, adjudication of delinquency or acquittal by reason of insanity entered after July 1, 1995, shall register within three (3) days of the date of judgment unless the person is immediately confined or committed, in which case the person shall register when released in accordance with the procedures established by the Department of Public Safety. The Court shall inform the person of the duty to register and obtain the information required for registration and forward the registration information to the Department of Public Safety within three (3) days.

(f) If a person who is required to register under this section is released from prison or placed on parole or supervised release, the Department of Corrections shall perform the registration duties at the time of release and forward the registration information to the Department of Public Safety within three (3) days.

(g) If a person required to register under this section is placed on probation, the court, at the time of entering the order, shall obtain the registration information and forward the registration information to the Department of Public Safety within three (3) days.

(3) Any person required to register who is neither incarcerated, detained nor committed at the time the requirement to register shall attach shall present himself to the county sheriff who shall perform the registration duties and forward the registration information to the Department of Public Safety within three (3) days.

(4) For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

(a) "Sexual predator" means a person who has been convicted of a sex offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexual offenses.

(b) "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 other persons.

(c) "Predatory" means an act directed at a stranger, or a person with whom a relationship has been established or promoted for the primary purpose of victimization.

(d) "Sex offense" * * * means any of the following offenses:

Section 97-3-65 relating to rape and the carnal knowledge of a child under fourteen (14) years of age;

Section 97-3-67 relating to the carnal knowledge of unmarried persons over fourteen (14) and under eighteen (18) years of age;

Section 97-3-71 relating to rape and assault with intent to ravish;

Section 97-3-95 relating to sexual battery;

Section 97-5-21 relating to seduction of a child under age eighteen (18);

Section 97-5-23 relating to the touching of a child for lustful purposes;

Section 97-5-27 relating to the dissemination of sexually oriented material to children;

Section 97-5-33 relating to the exploitation of children;

Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;

Section 97-29-59 relating to unnatural intercourse;

Section 97-3-53 relating to kidnapping, if the victim was below the age of eighteen (18); or

Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere.

(e) "Registration duties" means obtaining the registration information required as well as the photograph, fingerprints, and blood sample of the registrant. Blood samples are to be forwarded to the State Crime Laboratory pursuant to Section 45-33-15; the photograph, fingerprints and other registration information are to be forwarded to the Department of Public Safety within three (3) days.

(5) Upon any change of address, a registrant under this chapter must notify the department no less than ten (10) days before he intends to first reside at the new address.

(6) If a sex offense for which the individual was convicted, adjudicated delinquent or acquitted by reason of insanity was a felony, or, if committed in another jurisdiction, would be considered a felony under the laws of this state, violation of this section shall be punishable by a fine of not less than One Thousand Five Hundred Dollars ($1,500.00) nor more than Five Thousand Dollars ($5,000.00), or imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years, or both. If the sex offense for which the individual was convicted, adjudicated delinquent or acquitted by reason of insanity was a misdemeanor, or, if committed in another jurisdiction, would be considered a misdemeanor under the laws of this state, violation of this section shall be punishable by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail for not less than thirty (30) days nor more than one (1) year.

(7) On each anniversary of a registrant's initial registration during the period in which a person who is not found to be a sexual predator is not relieved of the duty to register:

(a) The Department of Public Safety shall mail a nonforwardable verification form to the last reported address of the person.

(b) The person shall mail the verification form to the department within ten (10) days after receipt of the form, stating whether the person still resides at the address last reported.

(c) If the person fails to mail the verification form to the department within ten (10) days after receipt of the form, the person shall be in violation of this section unless the person proves that the person has not changed residence address.

(8) A registrant who is found to be a sexual predator shall re-register every ninety (90) days:

(a) The Department of Public Safety shall mail a nonforwardable verification form to the last reported address of the person every ninety (90) days.

(b) The person shall mail the verification form to the department within ten (10) days after receipt of the form, stating whether the person still resides at the address last reported.

(c) If the person fails to mail the verification form to the department within ten (10) days after receipt of the form, the person shall be in violation of this section unless the person proves that the person has not changed residence address.

SECTION 2. Section 45-33-3, Mississippi Code of 1972, is amended as follows:

45-33-3. (1) The Mississippi Department of Public Safety shall maintain a central registry of sex offenders required to register under Section 45-33-1 and shall adopt rules and regulations necessary to carry out this section. The information so obtained shall be sex offense criminal history record information as defined in Section 45-31-3, Mississippi Code of 1972. The registry shall include the information listed in Section 45-33-1.

Any time a law enforcement agency arrests a sex offender, the law enforcement agency shall forward the information to the Department of Public Safety for central registry. Upon conviction, adjudication or acquittal by reason of insanity of any sex offender, the information shall be forwarded to the Department of Public Safety by the clerk of the court conducting the proceedings.

(2) Any person, office, entity or agency having a duty to perform registration duties or a duty to inform under the requirements of this chapter shall:

(a) Inform the person having a duty to register that:

(i) If the person changes residence address, the person shall give the new address to the Department of Public Safety in writing ten (10) days before changing address.

(ii) If the person changes residence to another state, the person shall register the new address with the Department of Public Safety and that the person is also required to register with the designated law enforcement agency in the new state not later than ten (10) days after establishing residence in the new state if it has a registration requirement.

(iii) The person is required to cooperate with the department by returning all address verifications within the required time.

(b) Require the person to read and sign a form stating that the duty of the person to register under this chapter has been explained.

(c) Obtain the information required for registration, as well as fingerprints and a photograph of the person if these have not already been obtained in connection with the offense that triggers registration.

(d) Obtain or facilitate the obtaining of a blood sample from every registrant as required by this chapter.

SECTION 3. Section 45-33-5, Mississippi Code of 1972, is amended as follows:

45-33-5. (1) A determination after conviction but before sentencing in every sex offense prosecution as to whether a person is or is not a sexual predator shall be made by the sentencing court after receiving a report from the Sex Offender Advisory Board.

(2) The court shall provide written notification to any defendant charged with a sex offense as defined by this chapter of the continuing registration requirements of Section 45-33-1. Such notice shall be included on any guilty plea forms and judgment and sentence forms provided to the defendant. The court shall obtain a written acknowledgement of receipt on each occasion.

(3) A court imposing a sentence, disposition or order of commitment following acquittal by reason of insanity shall notify the offender of the continuing registration requirements of Section 45-33-1. The court shall obtain a written acknowledgement of receipt on each occasion.

SECTION 4. Section 45-33-9, Mississippi Code of 1972, is amended as follows:

45-33-9. A person having charge of a county or municipal jail or any juvenile detention facility shall provide written notification to an inmate or offender in the custody of the jail or other facility because of a conviction of or adjudication for a sex offense of the continuing registration requirements of Section 45-33-1 at the time of the inmate's or offender's confinement and release from confinement and shall receive a signed acknowledgement of receipt on both occasions.

SECTION 5. Section 45-33-13, Mississippi Code of 1972, is amended as follows:

45-33-13. (1) A sex offender with a duty to register under Section 45-33-1 shall only be relieved of the duty under subsection (2) of this section.

(2) Any person having a duty to register under Section 45-33-1 may petition the circuit court to be relieved of that duty. The petition shall be made to the circuit court in which the petitioner was convicted of the offense that subjects him or her to the duty to register, or, in the case of convictions in other states, to the circuit court in Hinds County, or, in the case of an adjudication of delinquency, the circuit court of the county of residence of the petitioner. The district attorney of the circuit court in which the petition is filed shall be named and served as the respondent in any such petition. The court shall consider the nature of the registrable offense committed and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction, and it may consider other factors. The court may relieve the petitioner of the duty to register only after receiving a report from the Sex Offender Advisory Board and only if the court finds * * * that the petitioner is not a sexual predator, that future registration of the petitioner will not serve the purposes of this chapter, and, if the person was an adult at the time of the commission of the offense or, if a juvenile, was tried as an adult for the offense, that the person has not committed an offense within fifteen (15) years following release from a correctional facility for any term of imprisonment imposed, or within fifteen (15) years after conviction, whichever is later.

(3)(a) There is hereby established the Sex Offender Advisory Board to be composed of three (3) persons experienced in the field of treatment of sexual predators. The purpose of the board is to review in any depth deemed sufficient by the board the case of every person found guilty of a sex offense prior to sentencing as well as the case of any person sought to be discharged from the responsibility to register under this chapter. The report of the board to the court is to consider, in the opinion of the members, whether the person sought to be discharged is or is not in all likelihood a sexual predator. Members of the board shall be appointed by the Governor for a term to be concurrent with the Governor's term, subject to the advice and consent of the Senate.

(b) Members of the board shall receive a per diem as provided in Section 25-3-69 for actual attendance upon meetings of the board, together with reimbursement for traveling and subsistence expenses incurred as provided in Section 25-3-41, except that no member whose regular compensation is payable by the state or any political subdivision of the state shall receive per diem for attendance upon meetings of the board.

SECTION 6. Section 45-33-19, Mississippi Code of 1972, is amended as follows:

45-33-19. (1) * * * Notwithstanding any other provision of law to the contrary, any person who provides or fails to provide information relevant to the procedures set forth in this chapter shall not be liable therefor in any civil or criminal action. Nothing herein shall be deemed to grant any such immunity to any person for his willful or wanton act of commission or omission.

(2) Nothing in this chapter shall be construed to prevent law enforcement officers from providing community notification of any circumstances or individuals that pose or could pose a danger under circumstances that are not enumerated in this chapter.

(3) The identity of a victim of an offense that requires registration under this chapter shall not be released.

SECTION 7. The following shall be codified as Section 99-19-12, Mississippi Code of 1972:

99-19-12. Prior to sentencing of any offender found guilty of a sex offense as defined in Section 45-33-1, Mississippi Code of 1972, the sentencing court shall receive and consider the report of the Sex Offender Advisory Board constituted under Section 45-33-13, Mississippi Code of 1972, and shall determine, and so set forth in the order of sentence, whether the defendant is or is not a sexual predator.

SECTION 8. This act shall take effect and be in force from and after July 1, 1997.