2002 Regular Session
To: Judiciary B
By: Representative Formby, Cameron, Chism, Jennings, Lott, Moore (60th), Robertson, Wells-Smith
AN ACT TO CREATE THE SEX OFFENDER TECHNOLOGY FUND AND PROVIDE FOR ITS ADMINISTRATION; TO AMEND SECTIONS 45-33-25 AND 45-33-49, MISSISSIPPI CODE OF 1972, TO REQUIRE COMMUNITY NOTIFICATION MAILINGS BY SEX OFFENDERS; TO AMEND SECTION 45-33-51, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. There is created within the State Treasury the Sex Offender Technology Fund which shall be administered by the Department of Public Safety. All registered sex offenders shall pay a monthly supervision fee of Five Dollars ($5.00) as a condition of supervised release. The monies in this fund shall be first allocated for the adoption of a sex offender tracking program for state data accuracy purposed and secondly for local law enforcement agencies responsible for the registration and community notification of sex offenders.
SECTION 2. Section 45-33-25, Mississippi Code of 1972, is amended as follows:
45-33-25. (1) Any person residing in this state 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 or twice adjudicated delinquent for any sex offense or attempted sex offense shall register with the Mississippi Department of Public Safety and shall conduct a community notification mailing as provided in subsection (8) of Section 45-33-49. Registration shall not be required for an offense that is not a registrable sex offense. The department shall provide the initial registration information as well as every change of address to the sheriff of the county of the residence address of the registrant through either written notice, electronic or telephone transmissions, or online access to registration information. Further, the department shall provide this information to the Federal Bureau of Investigation. Additionally, upon notification by the registrant that he intends to reside outside the State of Mississippi, the department shall notify the appropriate state law enforcement agency of any state to which a registrant is moving or has moved.
(2) Any person required to register under this chapter shall submit the following information at the time of registration:
(a) Name, including a former name which has been legally changed;
(b) Street address;
(c) Place of employment;
(d) Crime for which convicted;
(e) Date and place of conviction, adjudication or acquittal by reason of insanity;
(f) Aliases used;
(g) Social security number;
(h) Date and place of birth;
(i) Age, race, sex, height, weight, and hair and eye colors;
(j) A brief description of the offense or offenses for which the registration is required;
(k) Identifying factors;
(l) Anticipated future residence;
(m) Offense history;
(p) Documentation of any treatment received for any mental abnormality or personality disorder of the person;
(q) Biological sample;
(r) Name of any institution of higher learning at which the offender is employed, carries on a vocation (with or without compensation) or is enrolled as a student; and
(s) Any other information deemed necessary.
(3) For purposes of this chapter, a person is considered to be residing in this state if he maintains a permanent or temporary residence as defined in Section 45-33-23, including students, temporary employees and military personnel on assignment.
SECTION 3. Section 45-33-49, Mississippi Code of 1972, is amended as follows:
45-33-49. (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.
(2) The identity of a victim of an offense that requires registration under this chapter shall not be released.
(3) 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, date and place of conviction of any registrant, and any other information deemed necessary for the protection of the public. The sheriffs shall be responsible for verifying their respective registries annually against the department's records to ensure current information is available at both levels.
(4) Upon written request, the department may also provide to any person the name, address, photograph, if available, date of photograph, place of employment, crime for which convicted, date and place of conviction of any registrant, hair, eye color, height, race, sex and date of birth of any registrant, and any other information deemed necessary for the protection of the public. Additionally, the department may utilize an Internet website or other electronic means to release the information.
(5) The Department of Education, the Mississippi Private School Association and the Department of Health shall notify all schools and licensed day care centers annually regarding the availability upon request of this information.
(6) 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.
(7) 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.
(8) All offenders shall, at their expense, conduct a community notification mailing within twenty-one (21) days upon a change of address. Such community notification mailing shall be to every residence within three-tenths (3/10) of a mile radius in an urban area and within a one-mile radius in a rural area. The mailings shall be by certified mail, return receipt requested. The notification shall include the offender's name, address, physical description, a photo, the date of release from incarceration and the nature of the offender's conviction. The Department of Public Safety shall designate offenders as high, medium or low risk. Any offender who fails to provide community notification mailing as required by this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail for not more than one (1) year or both.
SECTION 4. Section 45-33-51, Mississippi Code of 1972, is amended as follows:
45-33-51. (1) Any person who willfully misuses or alters public record information relating to a sex offender or sexual predator, including information displayed by law enforcement agencies on web sites, shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail not more than six (6) months, or both.
(2) Except as otherwise provided in subsection (3) of this section, the sale or exchange of sex offender information for profit is prohibited. Any violation of this subsection (2) is a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail not more than six (6) months, or both.
(3) The Department of Public Safety may contract with outside sources for purposes of providing mapping services and community notification of additions and changes to the registry. Outside sources who contract with the Department of Public Safety for services may charge fees to citizens willing to pay for contracted services.
SECTION 5. This act shall take effect and be in force from and after July 1, 2002.