Zhenya Teal & Karrie Stanfill Intelligence Analyst Tennessee Sex Offender Registry August 11,...

Zhenya Teal & Karrie StanfillIntelligence Analyst

Tennessee Sex Offender Registry

August 11, 2014

History of the Sex Offender Registry

Bullets Jacob Wetterling Act

established registries for law enforcement purposes: effective in TN in 1995

Megan’s Law (Megan Kanka) established registries for use by the public: effective in TN in 1997

History of the Tennessee Sex Offender Registry Law …

Prior to August 1, 2004, TBI registered all sex offenders in Tennessee.

There was no fee. TBI mailed out monitoring forms quarterly. Offenders were required to sign the form

and return it. Offenders did not meet face-to-face with

any law enforcement. Because of our lax laws, TN became a

haven for sex offenders.

Sex Offender Registry

“The Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act of 2004”TCA 40-39-201 et seq.

Who is required to register?

Anyone convicted of a Tennessee Sexual/Violent Sexual Offense

Anyone who establishes a physical presence, establishes a residence, accepts employment, or attends school (out of state offenders)

Judicial Diversions now register (only required to register for the length of their diversion unless they violate the conditions of diversion)

Juveniles, adjudicated of certain offenses

Tennessee Classifications

Tennessee offenders are divided into three categories:

sexual offender, violent sexual offender, or violent juvenile sexual offender.

2014 Updates:

Public Chapter 770: Creates a new class of sex

offender called an “offender against children”. This offender qualifies as an “offender against children” if his victim is 12 years of age or under. “Offenders against children” are required to remain on the Registry for life. This bill also adds the offense of “aggravated sexual battery” to the juvenile registry. Takes effect July 1, 2014.

Sexual Offenders

Report in person once a year

These offenders are eligible to apply to be removed from the registry 10 years after the expiration of their sentence, providing they have complied with the provisions of the registry and their victim was not 12yo or under.

TN Violent Offenders

Report in person quarterly: March, June, September and December.

Lifetime registration

Violent Juvenile Offenders

Report in person quarterly: March, June, September and December.

Responsibilities of All Registered

Offenders:Report within 48 hrs. of leaving jail/prisonReport any changes to agency within 48

hoursMust report that he or she is a sex

offender if incarceratedMust provide the name of any current

employersMust provide mailing address if different

from physical address

Responsibilities of Registered Offenders:

Must provide any secondary addressesMust register vehicle, mobile home,…

vehicle that is “used” or “owned.”Must give victims age at time of

offense (if known) and the number of victims

Must report all names used, as well as internet identities, screen & chat names, e-mail addresses

Homeless Offenders

All Homeless offenders regardless of classification MUST report monthly

40-39-215 Holidays / Occupations: Offenders WHOSE VICTIMS WERE MINORS CANNOT:

Pretend to be, dress as, impersonate or otherwise assume the identity of a real or fictional person or character or a member of a profession, vocation or occupation while in the presence of a minor or with the intent to attract or en-tice a minor to be in the presence of the offender

Engage in employment, a profession, occupation or vocation, regardless of whether compensation is received, that the offender knows or should know will cause the offender to be in direct and unsupervised contact with a minor

Can’t operate an ice cream truck.

Related Laws of Interest

Sex offenders cannot get work release, even in the Dept. of Correction.

Sex offenders cannot have trusty status.

Sex offenders cannot legally change their name.

Copies of these laws can be found on the public website under:

“Sex Offender Registry Law”

SOR Websites

SOR Database Operated by TBI and Local Law Enforcement

SOR Public Web Site

Law Enforcement Only:www.tbi.tn.gov

Click

Law Enforcement Only:www.tbi.tn.gov

Law Enforcement Only:www.tbi.tn.gov

lawenforcementTennessee1

Sex Offender Registry Information for Law

Enforcement:

Click

www.tbi.tn.gov

Sex Offender Registry Information for Law

Enforcement:www.tbi.tn.gov

Other Features of the SOR Website:

Map Offenders by Location

Sex Offender LawRelated Laws of InterestSex Offender FAQ

The SOR Website Provides the Following Information on Offenders:

The offender’s complete name as well as any aliases

The offender’s date of birth The sexual offense(s) or violent

sexual offense(s) that the offender has been convicted of

The offender’s primary and secondary addresses

The offender’s race and gender The date the offender’s

information was last verified by law enforcement

The SOR Website Provides the Following Information on Offenders:

The most recent photograph of the offender, that has been submitted to the TBI SOR

The offender’s driver’s license number and issuing state

The name of the offender’s parole/probation officer

The name and address of any institution of higher education in the state, at which the offender is employed, carries on a vocation, or is a student

The SOR Website Provides the Following Information on Offenders:

A detailed physical description of the offender (height/weight, hair/eye color, scars, marks, and tattoos)

The actual text of the law or laws defining the sexual or violent sexual offense(s) for which the offender has been registered

The offender’s criminal history (convictions) and any existing warrants for the offender.

Most Wanted Sex Offenders Program

Most Wanted Sex Offenders Program

One offender from each area of the state: West, Middle, East, and Upper East TN.

Offender must be wanted for one SOR violation. Additional charges are good.

Agency must be willing to extradite from minimum area of surrounding states and the Southeast.

As with all wanted sex offenders, offender must be entered in NCIC.

Most Wanted Sex Offenders Program

Contact TBI Analyst Tracey Brooks with candidates:

Intelligence Analyst Tracey Brooks615-744-4220tracey.brooks@tn.govSOR Hotline: 1-888-837-4170

TBI Find: 1-800-824-3463

Incarcerated Offenders (TDOC/Jails)

Newly incarcerated sex offenders with convictions or circumstances meeting

thecriteria for registration in Tennessee,

must beregistered within 48 hours of

incarceration in prison, or at a local jail. Following the

Sex Offender Law standard, the 48 hour

period shall exclude weekends and holidays.

Sex Offender IdentificationT.C.A. 40-39-213 and 55-50-353

Sex Offender Identification

(Back)

ID Certificate

ID Certificate

Prosecuting a Sex Offender

Violations: Section 40-39-208(a)(1-9) “Knowingly”

1. Failure of an offender to timely register or report;

2. Falsification of a TBI registration form;3. Failure to timely disclose required

information to the designated law enforcement agency;

4. Failure to sign a TBI registration form;5. Failure to pay the annual administrative

costs, if financially able;6. Failure to timely disclose status as a

sexual offender or violent sexual offender to the designated law enforcement agency upon re-incarceration;

7. Failure to timely report to the designated law enforcement agency upon release after re-incarceration.

8. Failure to timely report to the designated law enforcement agency following re-entry in this state.

9. Failure to timely report to the offender’s designated law enforcement agency when the offender moves to another state.

TBI Instructions Form

TBI Registration Form

TBI Registration Form for Adjudicated Juveniles

Most Violations of the Tennessee Sex Offender

Registryare Felonies

Prosecution is at the discretion of the District Attorney General or the United States Attorney: 18 U.S.C. § 2250: Sex Offender Registration and Notification Act.

Home Sweeps and Roundups

Sexual /Violent Offender List by County / District

Violations noted on the SOR verified by local agencies

Warrants obtained by local agencies or Board of Probation & Parole (BOPP)

Search of homes only by consent or BOPP “Specialized Conditions for Sex Offenders”

Residency / Work Restrictions: notations on children present / school zone

Home Sweeps and Roundups

TBI will provide assistance with:Aid in preparation of offender

packets with offender information and photo

Aid in preparation of team sheets with team leaders and target assignments

Mobile Command Post to serve as Operations Center

Manpower: Both Agents and Analysts

Public Information Officer Coordination with the News Media

Another Important Website:

United States Department of Justice / National Sex Offender Public Web Site

www.nsopw.gov

Inquire SOR First

Run Criminal History

Take Photograph

Fingerprint

Start Initial Registration

Initial Registration

Out of StateOffenses: Always use the code that ends in PT5.Then type in the offense exactly as it is written on Court Documents

Must have an FBI & SID # or boxes must be checked

Fee Box: Yes or No must be checked!If Yes, put amount paid, date collected, and Agency.If No, explain.

Photos: Click the Browse Button!Locate your photo that you have saved and upload the photo.

Photo Editing before starting Initial Registration

If you have Microsoft OfficeClick Edit Pictures Click Compress PicturesClick Web Pages (Compress For)Click OKSave

Scenarios:

A violent adult sexual offender, whose victim was 20-years-old cannot live with a minor: T/F?

An adult sexual offender whose victim was age 13, can attend his daughter’s 8th grade graduation, with the principal’s permission: T/F?

An adult sexual or violent sexual offender whose victim was 12 can be a stepparent: T/F?

A Violent Juvenile Sexual offender can go to the park with his girlfriend: T/F?

An adult sexual offender can drop their kids off at school: T/F?

Scenarios (cont.): If a sex offender decorates for Halloween

and is seen passing out candy to children, he is in violation of the Sex Offender Registry Law: T/F?

If a sex offender, whose victim is a minor, attends a university with a daycare on campus, he is in violation: T/F?

Every sex offender will eventually be removed from the Sex Offender Registry: T/F?

Questions????

Intelligence Analysts: Karrie.Stanfill@tn.gov

Lori.Long@tn.gov Tracey.Brooks@tn.gov

Patricia.Kershaw@tn.gov Zhenya.Teal@tn.gov

Catherine.Levins@tn.gov SOR Hotline: 1-888-837-4170

TBISORMGR@tn.govFax#615-744-4655