STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 958	By:	Crain

AS INTRODUCED

An Act relating to juvenile sex offenders; amending 10A, Sections 2-8-102, 2-8-103, 2-8-105, 2-8-107 and 2-8-108, which relate to juvenile sex offender registry; modifying certain date; modifying definition; requiring Office of Juvenile Affairs to maintain certain registrations; requiring transfer of certain information; authorizing release of certain information to law enforcement; modifying time for certain notice; requiring certain registration; modifying certain misdemeanor offense; modifying certain age requirements; requiring certain juvenile offenders to register pursuant to the Oklahoma Sex Offender Registration Act; requiring sealing of certain juvenile offender records; amending 57 O.S. 2011, Section 583, which relates to registration; requiring notification to offender of certain duty; authorizing petition for removal of registration requirement after certain time period; requiring certain notice; prohibiting petition for certain time period after denial; providing procedures for removal from certain public registry; repealing 10A O.S. 2011, Sections 2-8-104 and 2-8-106, which relate to district attorney application to put juvenile on registry and name and address change notification; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     10A O.S. 2011, Section 2-8-102, is amended to read as follows:
Section 2-8-102.  As used in this act, "juvenile sex offender" means a person who was not less than fourteen (14) years of age but who was less than eighteen (18) years of age at the time the qualifying sex offense was committed and who:
1.  On or after July 1, 2001 2012, was adjudicated delinquent or a youthful offender for an action that would be an offense provided in Section 888, 1111, 1111.1, 1114 or 1115 of Title 21 of the Oklahoma Statutes, if committed by an adult;
2.  As of July 1, 2001 2012, is serving formal probation or commitment to the custody of the Office of Juvenile Affairs as the result of adjudication or deferred adjudication imposed in violation of subsection A of Section 2-2-404 of this title for an action that would be an offense provided in Section 888, 1111, 1111.1, 1114 or 1115 of Title 21 of the Oklahoma Statutes, if committed by an adult;
3.  Was adjudicated delinquent in another state or jurisdiction for an action that is substantially equivalent to an offense provided in Section 888, 1111, 1111.1, 1114 or 1115 of Title 21 of the Oklahoma Statutes, and is subject on or after July 1, 2001 2012, to court jurisdiction in this state pursuant to the Interstate Compact on Juveniles; or
4.  Is required to register as a juvenile sex offender in another state or jurisdiction for having committed a sex offense in that state or jurisdiction regardless of the date of the offense or its adjudication.
SECTION 2.     AMENDATORY     10A O.S. 2011, Section 2-8-103, is amended to read as follows:
Section 2-8-103.  The Office of Juvenile Affairs shall establish and maintain a registry for register juvenile sex offenders required by the court to register.  The registry shall include fingerprints, photographs, and information collected from forms submitted and other communications relating to notice of duty to register, sex offender registration, and notice of change of name or address pursuant to the Oklahoma Sex Offender Registration Act.  The Office of Juvenile Affairs shall maintain a file of all juvenile sex offender registrations.  A copy of the information contained in those files shall be transferred as soon as is practicable to the Department of Corrections for inclusion in the Oklahoma Sex Offender registry.  Information in the juvenile sex offender registry and information in the Oklahoma Sex Offender registry regarding a juvenile sex offender is subject to release to law enforcement agencies and may be released to the public pursuant to court order as provided in Section 2-8-104 of this title.
SECTION 3.     AMENDATORY     10A O.S. 2011, Section 2-8-105, is amended to read as follows:
Section 2-8-105.  On or after July 1, 2001, when the court orders a juvenile sex offender to register on the juvenile sex offender registry as provided in Section 2-8-104 of this title At the time of adjudication or the imposition of a deferred adjudication in violation of subsection A of Section 2-2-404 of this title of a qualifying offender, the court shall provide at the time of the order written notification of the duty to register to any juvenile who becomes subject to the provisions of the Juvenile Sex Offender Registration Act.  The written notification shall be a form provided by the Office of Juvenile Affairs and shall be signed by the juvenile and a parent or guardian who has custody and control of the juvenile.  One copy shall be retained by the court, one copy shall be provided to the juvenile offender, and one copy shall be submitted within three (3) working days to the juvenile sex offender registry Office of Juvenile Affairs.  Except as otherwise provided by this act, juvenile sex offenders shall register and report pursuant to the provisions of the Oklahoma Sex Offender Registration Act.
SECTION 4.     AMENDATORY     10A O.S. 2011, Section 2-8-107, is amended to read as follows:
Section 2-8-107.  A.  A juvenile sex offender required to register pursuant to the Juvenile Sex Offender Registration Act who fails to register or provide notification of a change of name or address is violates any provision of such Act shall, upon adjudication, be guilty of a misdemeanor.
B.  A parent or guardian who has custody and control of a juvenile sex offender commits a misdemeanor offense of failure to supervise a child if the juvenile offender fails to register or provide notification of a change of name or address as required by this act violates any provision of the Juvenile Sex Offender Registration Act.  A person convicted of this offense is punishable by a fine of not more than One Thousand Dollars ($1,000.00).
SECTION 5.     AMENDATORY     10A O.S. 2011, Section 2-8-108, is amended to read as follows:
Section 2-8-108.  When a registered juvenile sex offender reaches twenty-one (21) eighteen (18) years of age or is otherwise released from the custody of the Office of Juvenile Affairs, the district attorney may shall petition the court to transfer the person's registration to the adult sex offender registry maintained by the Department of Corrections, subject to the provisions of Section 581 et seq. of Title 57 of the Oklahoma Statutes.  After notice, if the court determines at a hearing that the person who is registered on the juvenile sex offender registry is likely to or does pose an ongoing serious or aggressive threat to the public or children under sixteen (16) years of age and that the offender has failed to successfully complete an appropriate certified sex offender treatment program, the court shall order that the delinquent act requiring the offender to register pursuant to the provisions of the Oklahoma Sex Offender Registration Act be deemed an adult criminal conviction for the purpose of registration, notification, and public information access pursuant to Section 581 et seq. of Title 57 of the Oklahoma Statutes.  If no petition is filed within ninety (90) days following the twenty-first birthday of the person or the date of release from custody, or if the court determines the person is not likely to or does not pose an ongoing serious or aggressive threat to the public or children under sixteen (16) years of age and that the offender has successfully completed an appropriate certified sex offender treatment program, the juvenile's name and information shall be deleted from the juvenile sex offender registry sealed, and the person may not be included in the adult sex offender registry.
SECTION 6.     AMENDATORY     57 O.S. 2011, Section 583, is amended to read as follows:
Section 583.  A.  Any person who becomes subject to the provisions of the Sex Offenders Registration Act on or after November 1, 1989, shall register, in person, as follows:
1.  With the Department of Corrections within three (3) business days of being convicted or receiving a suspended sentence or any probationary term, including a deferred sentence imposed in violation of subsection G of Section 991c of Title 22 of the Oklahoma Statutes, if the person is not incarcerated, or not less than three (3) business days prior to the release of the person from a correctional institution, except as provided in subsection B of this section;
2.  With the local law enforcement authority having jurisdiction in the area where the person resides or intends to reside for seven (7) consecutive days or longer, calculated beginning with the first day.  The registration is required within three (3) days after entering the jurisdiction of the law enforcement authority; and
3.  With the Department of Corrections and the local law enforcement authority no less than three (3) business days prior to abandoning or moving from the address of the previous registration, or within three (3) business days of changing or terminating employment, or changing enrollment status as a student.
For purposes of this section, "local law enforcement authority" means:
a.	the municipal police department, if the person resides or intends to reside or stay within the jurisdiction of any municipality of this state, or
b.	the county sheriff, if the person resides or intends to reside or stay at any place outside the jurisdiction of any municipality within this state, and
c.	the police or security department of any institution of higher learning within this state if the person:
(1)	enrolls as a full-time or part-time student,
(2)	is a full-time or part-time employee at an institution of higher learning, or
(3)	resides or intends to reside or stay on any property owned or controlled by the institution of higher learning.
B.  Any person who has been convicted of an offense or received a deferred judgment for an offense in another jurisdiction, which offense if committed or attempted in this state, would have been punishable as one or more of the offenses listed in Section 582 of this title and who enters this state on or after November 1, 1989, shall register, in person, as follows:
1.  With the Department of Corrections when the person enters and intends to be in the state for any purpose for five (5) consecutive days or longer, calculated beginning with the first day, has any type of full-time or part-time employment, with or without compensation for more than five (5) cumulative days in any sixty-day period, or is enrolled as a full-time or part-time student within this state.  Such registration is required within two (2) days after entering the state;
2.  With the local law enforcement authority having jurisdiction in the area where the person intends to reside or to stay for five (5) consecutive days or longer, calculated beginning with the first day, has any type of full-time or part-time employment, with or without compensation for more than five (5) cumulative days in any sixty-day period, or is enrolled as a full-time or part-time student within this state.  The registration is required with local law enforcement within two (2) days after entering the jurisdiction of the law enforcement authority; and
3.  With the Department of Corrections and the local law enforcement authority no less than three (3) business days prior to abandoning or moving from the address of the previous registration, or within three (3) business days of changing or terminating employment, or changing enrollment status as a student.
Upon registering a person who has been convicted of an offense or received a deferred judgment for an offense in another jurisdiction, which offense, if committed or attempted in this state, would have been punishable as one or more of the offenses listed in Section 582 of this title, the local law enforcement authority shall forward the registration information to the sex offender level assignment committee of the Department of Corrections.
C.  When a person has been convicted or received probation within the State of Oklahoma, the person shall be required to register with the Department of Corrections as follows:
1.  For a period of fifteen (15) years, if the level assignment of the person is one;
2.  For a period of twenty-five (25) years, if the level assignment of the person is two; and
3.  For life, if the level assignment of the person is three or the person is classified as a habitual or aggravated sex offender.
The registration period shall begin from the date of the completion of the sentence.  The information received pursuant to the registration with the Department of Corrections required by this section shall be maintained by the Department of Corrections for at least ten (10) years from the date of the last registration.
D.  When a person has been convicted or received probation within the State of Oklahoma, the person shall be required to register with the local law enforcement authority as follows:
1.  For a period of fifteen (15) years, if the level of the person is one;
2.  For a period of twenty-five (25) years, if the level of the person is two; and
3.  For life, if the level of the person is three or the person has been classified as a habitual or aggravated sex offender.
The registration period shall begin from the date of completion of the sentence and the information received pursuant to the registration with the local law enforcement authority required by this section shall be maintained by such authority for at least ten (10) years from the date of the last registration.
E.  Any person assigned a level of one who has been registered for a period of ten (10) years and who has not been arrested or convicted for any felony or misdemeanor offense since being released from confinement, may petition the district court in the jurisdiction where the person resides for the purpose of removing the level designation and allowing the person to no longer be subject to the registration requirements of the Sex Offenders Registration Act.
F.  When registering an offender as provided in this section the Department of Corrections or the local law enforcement agency having jurisdiction shall:
1.  Inform the offender of the duty to register and obtain the information required for registration as described in this section;
2.  Inform the offender that if the offender changes address, the offender shall appear in person and give notice of the move and the new address to the Department of Corrections and to the local law enforcement authority in the location in which the offender previously resided no later than three (3) days before the offender establishes residence or is temporarily domiciled at the new address;
3.  Inform the offender that if the offender changes address to another state, the offender shall appear in person and give notice of the move and shall register the new address with the Department of Corrections and with a designated law enforcement agency in the new state not later than ten (10) days before the offender establishes residency or is temporarily domiciled in the new state, if the new state has a registration requirement;
4.  Inform the offender that if the offender participates in any full-time employment, with or without compensation, and changes or terminates such employment, the offender shall appear in person and give notice of the change or termination of employment to the Department of Corrections and to the local law enforcement authority in the location where the offender was employed within three (3) days of such change or termination of employment;
5.  Inform the offender that if the offender participates in any full-time or part-time employment, in another state, with or without compensation for more than fourteen (14) cumulative days in any sixty-day period or an aggregate period exceeding thirty (30) days in a calendar year, then the offender has a duty to register as a sex offender in that state;
6.  Inform the offender that if the offender enrolls in any type of school in another state as a full-time or part-time student then the offender has a duty to register as a sex offender in that state;
7.  Inform the offender that if the offender enrolls in any school within this state as a full-time or part-time student, then the offender has a duty to register as a sex offender with the Department of Corrections and the local law enforcement authority;
8.  Inform the offender that if the offender participates in any full-time or part-time employment at any school, with or without compensation, or participates in any vocational course or occupation at any school in this state, then the offender has a duty to appear in person and notify the Department of Corrections and the local law enforcement authority of such employment or participation at least three (3) days before commencing or upon terminating such employment or participation;
9.  Inform the offender that if the offender graduates, transfers, drops, terminates or otherwise changes enrollment or employment at any school in this state, then the offender shall appear in person and notify the Department of Corrections and the local law enforcement authority of such change in enrollment or employment within three (3) days of the change; and
10.  Inform the offender that if the offender engages in any international travel, then the offender has a duty to notify the Department of Corrections and the local law enforcement authority of such travel at least twenty-one (21) days prior to commencing such travel; and
11.  Require the offender to read and sign a form stating that the duty of the person to register under the Sex Offenders Registration Act has been explained.
G.  For the purpose of this section, the "date of the completion of the sentence" means the day an offender completes all incarceration, probation and parole pertaining to the sentence.
H.  Any person who resides in another state and who has been convicted of an offense or received a deferred judgment for an offense in this state, or in another jurisdiction, which offense if committed or attempted in this state would have been punishable as one or more of the offenses listed in Section 582 of this title, and who is the spouse of a person living in this state shall be registered as follows:
1.  With the Department of Corrections when the person enters and intends to be in the state for any purpose for five (5) consecutive days or longer, calculated beginning with the first day or an aggregate period of five (5) days or longer in a calendar year.  Such registration is required within two (2) days after entering the state; and
2.  With the local law enforcement authority having jurisdiction in the area where the person intends to reside or to stay within this state for two (2) consecutive days or longer, calculated beginning with the first day.  The registration is required with local law enforcement within two (2) days after entering the jurisdiction of the law enforcement authority.
I.  The duty to register as a sex offender in this state shall not be prevented if, at the time of registration, it is determined that the person owns or leases a residence that is located within a restricted area provided for in Section 590 of this title.
SECTION 7.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 590.3 of Title 57, unless there is created a duplication in numbering, reads as follows:
A.  A person becoming subject to the adult sex offender registry pursuant to the provisions of Section 2-8-108 of Title 10A of the Oklahoma Statutes may, not less than five (5) years following the court's decision to transfer the person's registration to the adult sex offender registry, petition the court in which the transfer occurred for removal of the requirement to register as a sex offender.
B.  The person shall allege in the petition that the person meets the criteria provided for in Section 2-8-108 of Title 10A of the Oklahoma Statutes for removal of the requirement to register as a sex offender.  The district attorney shall be given notice of the petition at least twenty-one (21) days before the hearing on the petition.  The district attorney may present evidence in opposition to the requested relief or may otherwise demonstrate why the petition should be denied.  The court shall rule on the petition and, if the court determines that the person meets the criteria provided for in Section 2-8-108 of Title 10A of the Oklahoma Statutes, may grant the petition and order the removal of the registration requirement.  If the court denies the petition, the person shall not be authorized to file any further petition for removal of the registration requirement pursuant to this section within five (5) years.
C.  If a person provides to the Department of Corrections a certified copy of the order of the court removing the requirement that the person register as a sex offender, the registration requirement shall not apply to the person and the Department shall remove all information about the person from the public registry of sex offenders maintained by the Department.  However, the removal of information about the person from the public registry shall not mean that the public is denied access to information about the criminal history or record of the person that is otherwise available as a public record.
SECTION 8.     REPEALER     10A O.S. 2011, Sections 2-8-104 and 2-8-106, are hereby repealed.
SECTION 9.  This act shall become effective November 1, 2013.

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