Tennessee Sex Offender Registry Zhenya Teal & Karrie Stanfill Intelligence Analyst August 11, 2014

History of the Sex Offender Registry 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 Bullets Jacob Wetterling Act- State registries; a boy kidnapped at 11 in 1989 in MN Megan’s Law- info available to public; raped and murdered by her neighbor at age 7 in 1994 in NJ

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/prison Report any changes to agency within 48 hours Must report that he or she is a sex offender if incarcerated Must provide the name of any current employers Must provide mailing address if different from physical address It’s easy for prison to id offenders because they have them so long. It may take you longer. ASK IT ON INTAKE FORM.

Responsibilities of Registered Offenders: Must provide any secondary addresses Must 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 Tennessee1

Sex Offender Registry Information for Law Enforcement: www.tbi.tn.gov Click

Sex Offender Registry Information for Law Enforcement: www.tbi.tn.gov

Other Features of the SOR Website: Map Offenders by Location Sex Offender Law Related Laws of Interest Sex 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. As of 10/29/2013- 19,857 offenders registered;

Most Wanted Sex Offenders Program Started about 3 years ago- about 10 were captured since (10/29/2013)

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 Brooks 615-744-4220 tracey.brooks@tn.gov SOR Hotline: 1-888-837-4170 TBI Find: 1-800-824-3463

Incarcerated Offenders (TDOC/Jails) Newly incarcerated sex offenders with convictions or circumstances meeting the criteria for registration in Tennessee, must be registered 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 Identification T.C.A. 40-39-213 and 55-50-353

Sex Offender Identification (Back)

ID Certificate TCA 40-39-213

ID Certificate - For anyone who doesn’t have a valid ID 40-39-203 (i)(4)

Prosecuting a Sex Offender

Violations: Section 40-39-208(a)(1-9) “Knowingly” Failure of an offender to timely register or report; Falsification of a TBI registration form; Failure to timely disclose required information to the designated law enforcement agency; Failure to sign a TBI registration form; Failure to pay the annual administrative costs, if financially able; Failure to timely disclose status as a sexual offender or violent sexual offender to the designated law enforcement agency upon re-incarceration; Failure to timely report to the designated law enforcement agency upon release after re-incarceration. Failure to timely report to the designated law enforcement agency following re-entry in this state. 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 Registry are 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 State Offenses: Always use the code that ends in PT5. Then type in the offense exactly as it is written on Court Documents

Fee Box: Yes or No must be checked! If Yes, put amount paid, date collected, and Agency. If No, explain. Must have an FBI & SID # or boxes must be checked

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 Office Click Edit Pictures Click Compress Pictures Click Web Pages (Compress For) Click OK Save

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?

Intelligence Analysts: 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.gov Fax#615-744-4655