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TOPICS

TOPICS. History Chapter 62 Forms Q & A. History. Which state do you think first started to register sex offenders?. California 1947. TEXAS BEGAN IN 1991. Why. DO WE REGISTER SEX OFFENDERS?. Why Register Sex Offenders?. Why Register Sex Offenders?.

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TOPICS

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  1. TOPICS • History • Chapter 62 • Forms • Q & A

  2. History

  3. Which state do you think first started to register sex offenders? • California • 1947

  4. TEXAS BEGAN IN 1991

  5. Why • DO • WE REGISTER • SEX OFFENDERS?

  6. Why Register Sex Offenders?

  7. Why Register Sex Offenders? • Because Federal laws encourage us and State laws requires us to

  8. Why Register Sex Offenders? • Jacob Wetterling • Pam Lychner • Megan Kanka

  9. BAD! THINGS! HAPPEN!! Old saying,…. Sometimes, it takes something BAD for something GOOD to happen!!

  10. History of real people!! Let’s talk about their experiences and why they are significant to our topic today.

  11. Why Register Sex Offenders? • Jacob Wetterling • 1989 • Minnesota • friends, bikes, 10 & 11, woods, run, don’t look back! • Jacob has never been found!

  12. Why Register Sex Offenders? • Pam Lychner • Houston real estate agent. • Showing a property. • Awaiting, x2 conv felon. • Assaulted & brutally beaten. • Formed “ Justice for ALL” • Laws changed, track S O.

  13. Why Register Sex Offenders? • Megan Kanka -7 yoa • New Jersey • Neighbors, puppy, invite. • X2 conv pedophile. • Raped, then murdered. • Body was dumped in nearby park. • Websites, publications and community notifications.

  14. Why Register Sex Offenders? • Because Federal laws encourage us and State requires us to • Additional investigative tool • Increase public protection and awareness

  15. As of 10-2008: • Number of Sex Offenders in Texas 54,402 • Number of Male Sex Offenders 53,311 • Number of Female Sex Offenders 1,091 • Number of Adjudicated Juvenile Offenders 3,932 As of 01-2009 total #55,571

  16. Chapter 62Code of Criminal Procedure * Sex Offender Registration Program

  17. CR-35/OS/IS verification CR-35/OS/IS verification CR-32 CR-35/OS/IS Registration CR-36 PHOTO CR-32 CR-35/OS/IS Registration CR-36 PHOTO Public National Sex Offender Registry Public/Secure Websites TCIC/NCIC CSCD/JPO/ COURTS TDCJ/TYC POLICE DEPT SHERIFF’S OFFICE Department of Public Safety 7

  18. OUT OF STATE, OUT OF COUNTRY, FEDERAL, MILITARY & TRIBAL REGISTRATION REQUIRMENTSWHO IS REQUIRED TO REGISTER? • Any person with a Conviction or Adjudication of Delinquent Conduct on or after 9/1/70, and has an offense with substantially similar elements to any registrable Texas offense. • NO DEFERRED ADJUDICATIONS. 6

  19. OUT OF STATE, OUT OF COUNTRY, FEDERAL, MILITARY & TRIBAL REGISTRATION REQUIRMENTS • Offenders convicted or adjudicated of delinquent conduct under one of these jurisdictions will register if the offense contains elements substantially similar to the elements of one of the Texas offenses that require registration. 6

  20. Determining Out of State, Foreign, Military, Federal, or Tribal eligibility to register • Get indictment, judgment, sentence and order of discharge (at a minimum, offense and citation) • Fill out CR-32, CR-35 (except TX offense), fingerprint and photo • Send them in as one packet to us 6

  21. OUT OF STATE, OUT OF COUNTRY, FEDERAL, MILITARY & TRIBAL REGISTRATION REQUIREMENTS DPS is responsible for determining whether an offense contains elements that are substantially similar to the elements of an offense under the laws of this state. 7

  22. Court Order/ Board Imposed • Board/Court Order offender is a registrant that is registering as a condition of supervision, not for a sex offense. • Their duty to register ends with their discharge from supervision. 27

  23. REGISTRATION • An offender who resides in another state and is employed, goes to school, carries on a vocation in Texas, shall register within 7 days with local law enforcement where they go to school or are employed. 15

  24. REGISTRATION An offender who resides in this state and is employed, goes to school, carries on a vocation in another state, shall register in the other state within 10 days after employment or enrollment in the school begins. 15

  25. VERIFICATION • Upon release from prison/jail or placement on probation, the offender has 7 days to verify with local law enforcement where intentions are to reside. (agency may request a later date) • Produce proof of identity and residence • Law enforcement must verify the information and make any corrections VERIFICATION FORM CR-35/OS/IS 31

  26. VERIFICATION REQUIREMENTS • 30 day– civilly committed as a sexually violent predator (3 day window) • 90 day– two or more times been convicted or received deferred adjudication for a sexually violent offense (7 day window) • Annual– All other sex offenders and juveniles, board/court ordered on their birthday. (30 day window) 31

  27. Update (s) • From this point on, a registered Sex Offender must report any changes that occur in their life! • The law states this must occur within 7 calendar days! • The law states that this must be in person!

  28. RISK LEVEL • Civil Commitment-sexual predators, 24 hour monitoring, committed for outpatient treatment (currently 83/36released) • High (level 3)-poses a serious danger, will continue to engage in criminal sexual conduct • Moderate (level 2)-poses a moderate danger, might engage in criminal sexual conduct • Low (level 1)-poses a low danger, will not likely engage in criminal sexual conduct 46

  29. DL/ID REQUIREMENTS • Any registered offender convicted or adjudicated for their reportable sex offense or any registered offender who was under any type of supervision as of 09/01/00 for their reportable sex offense, will be required to maintain an annual renewable CSO (Classified Sex Offender) DL or ID. • Includes out of State, out of Country, Federal, Military and Tribal offenders. • Board/Court ordered registrations exempt. 47

  30. SCHOOL NOTIFICATION Schools are notified, when certain criteria is met. 48

  31. RESIDENTIAL NOTIFICATION • For Civilly committed and High risk levels only • Upon notice of verification, address change, or release on an offender, DPS will send postcards to the community (businesses) in which the offender resides in. • Subdivided – 3 block area • Non-subdivided – 1 mile radius • Board Imposed/Court Ordered offenders are exempt from post card notification. • 1/1/2000 (Date risk levels were first assigned) 50

  32. Sex Offender Verification Authority for Campus Security Supervising Authority Agency Campus Admin DPS 53

  33. QUESTIONS??? ?

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