MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary

By: Senator(s) Turner

Senate Bill 2808

(As Sent to Governor)

AN ACT TO AMEND SECTION 45-33-1, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTY OF A SEX OFFENDER TO REGISTER; TO AMEND SECTIONS 45-33-5 AND 45-33-13, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE SEX OFFENDER ADVISORY BOARD; TO AMEND SECTION 45-33-17, MISSISSIPPI CODE OF 1972, TO CLARIFY THE RELEASE OF INFORMATION UNDER THE ACT; TO REPEAL SECTION 99-19-12, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR REVIEW BY THE SEX OFFENDER ADVISORY BOARD OF ANY SEX OFFENDER PRIOR TO SENTENCING; 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. * * * 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) * * * Registrants * * * 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 45-33-5, Mississippi Code of 1972, is amended as follows:

45-33-5.

 * * *

(1) 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.

(2) 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 3. 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 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. The Department of Mental Health is authorized to employ as part-time personnel any one or more of the members of the board in order to ensure that qualified individuals are available to serve on the Sex Offender Advisory Board, and the compensation paid to any such individual shall be his "regular compensation" for the purposes of this paragraph (3)(b).

SECTION 4. Section 45-33-17, Mississippi Code of 1972, is amended as follows:

45-33-17. (1) Records maintained pursuant to this chapter shall be open to law enforcement agencies which shall be authorized to release relevant and necessary information regarding sex offenders to the public when the release of the information is necessary for public protection.

(2) An elected public official, public employee or public agency is immune from civil liability for damages for any discretionary decision to release relevant and necessary information, unless it is shown that the official, employee or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public.

(3) Nothing in this chapter shall be deemed to impose any liability upon or to give rise to a cause of action against any public official, public employee or public agency for failing to release information as authorized in * * * this chapter.

(4) Nothing in this section shall be construed to prevent law enforcement officers from notifying members of the public exposed to danger of any circumstances or individuals that pose a danger under circumstances that are not enumerated in this section.

(5) The department 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.

SECTION 5. Section 99-19-12, Mississippi Code of 1972, which provides for review by the Sex Offender Advisory Board of any sex offender prior to sentencing, is repealed.

SECTION 6. This act shall take effect and be in force from and after its passage.