TBI SOR Training August 2014

JUVENILES  Tennessee Adjudications  14 years of age or more  Occurred on or after  Offenses: Aggravated Rape, Rape, Rape of a Child (victim is at least 4 years younger), Aggravated Rape of a Child, Aggravated Sexual Battery (offense after 07/01/2014), or Criminal Attempt of any of these offenses  Classification: VIOLENT

JUVENILES  Out of State Juvenile Offenders  Required to Register in Another State: Register  Not Required to Register in Another State: Must Meet TN SOR Juvenile Requirements to be placed on the TN SOR

JUVENILES (out of state)  First Things First: Inquire in SOR  Confirm if the Juvenile needs to be registered  Read the Instruction Form to the Juvenile & both of you Sign it  Fill out the Juvenile Registration Form by Hand  Send Forms to TBI: Include the Registration Form, Instruction Form, Court Documents, and/or Out of State Documents

JUVENILES  Tennessee Adjudications:  Juvenile Court will Fill out the Initial Registration and Instructions  Juvenile Court will submit these forms and the court documents to TBI  TBI will electronically enter the Initial Registration in SOR  TBI will notify Local Law Enforcement about the Juvenile

JUVENILES  Local Law Enforcement will Photograph, Fingerprint, and Collect DNA on the Juvenile  Offender may be Incarcerated in a Juvenile Treatment Facility  Contact the Treatment Facility to schedule the juvenile for fingerprints, Photograph, and DNA collection.

JUVENILES  Once a juvenile has been initially registered, he or she will report as a quarterly offender.  Keep in Mind does not apply to Juveniles unless court ordered.  Moving from one TN address to another TN address. Update the SOR as normal. (Inquire to see if the juvenile is registered first.)

SOR FEES  Who Pays?: Violent Sexual Offenders, Sexual Offenders, and Violent Juvenile Offenders (at age 18)  When do they Pay?: Sexual Offenders pay on their Annual Reporting Day, Violent Sexual Offenders pay at the time of Initial Registration or on 1 st Reporting Date of the Year, Juveniles pay on 1 st Reporting Date after the age of 18

SOR FEES  TCA: , Title 9 Public Finances, Chapter 2 Accounting for Revenues  It is State Law that agencies must use official receipts and they must be maintained for a period of 3-5 years after the audit cycle.  Segregation of Duties: The person who writes the receipts should not be the person who approves the billing.

SOR FEES  Write a Receipt for Every Fee Collected  Receipt Needs to have the Agency’s Name  Post Signs Reminding the Offender to Ask for a Receipt  Fees can only be Waived by the Registering Agency  Indigence: If someone claims indigence have the offender sign a statement. Don’t fill it out for them.

SOR FEES  Document the Fee Collection in the SOR Database  Document the Fee Collection in the Offender’s File  Invoices are mailed once a month  Problems with Invoices: Contact TBI SOR  TBI’s Fiscal Department will generate a corrected Invoice  Ledgers

SOR FEES  DON’T STEAL THE MONEY!!!!!!!!!!!!!!!!!!

CERTIFIED RECORDS  Request through SOR only  Send the request at least one month prior to needing the record  They are in Digital Format  They will be ed to Government Accounts ONLY  Provide the Offender’s Name and TOMIS/SO#

CERTIFIED RECORDS  Prosecutors, Law Enforcement, TDOC, & other Criminal Justice Agencies do not need to issue a Subpoena  Requests from Anyone else must be in the form of a Subpoena/Court Order

Reminders  Address Changes:  Moving from one TN address to another  Moving out of state- submit proof to TBI- If no proof is provided to agency within 72 hours- put offender in ABSCONDER status  Correct agency to be notified  Verify offender has moved  Incarcerated- use address of physical location  If an offender does not report within 48h of release from jail/prison- NOTIFY TBI

Reminders (cont.)  Possible Violation  Yes or No  If “Yes, change it back to “No” when the offender is back in compliance.  Absconders  If an offender fails to report, change them to Absconder.  Change Violation to “Yes”

Reminders (cont.)  Offender status  AC- will be removed  Deceased- provide proof to TBI  Inactive Moved- obtain proof and provide to TBI  Judgments- obtain one for the TAC and send copy to TBI (age of victim required)  Incorrect classification- check after updated status  Reports

Reminders (cont.)  Document upload :101 Registration / Verification / Tracking Form 102 Offender Instructions Form 103 Registration / Reporting Receipt 407 Court Documents / Judgment (Date signed) 408 Out of State SOR Data (Date) 702 From Outside Agency (Date) 704 From Offender/Attorney (Date) 801 Drivers License (Issue Date) 802 Passport (Issue Date)  Out-of-state offenses- use code 3699:39-13-PT5 and exact wording of offense= DO NOT Equate to TN offenses

Reminders (cont.)  If ANNUAL or QUARTERLY report, DO NOT submit a change of information between reporting dates  NCIC information about an offender MUST match SOR information reported  FINGERPRINT offenders/ obtain SID/FBI#

Reminders (cont.)  Photos- follow SOP on correct process #1#3 #2#4

Reminders (cont.)  Correct photos:

Termination from SOR Requesting termination-  Offender writes a letter to TBI  Include Name, DOB and TOMIS/SO# if known  Send to: TBI 901 R.S Gass Blvd Nashville, TN Attn: SOR Terminations

Termination from SOR:  (a) ( 1) No sooner than ten (10) years after termination of active supervision on probation, parole or any other alternative to incarceration, or no sooner than ten (10) years after discharge from incarceration without supervision, an offender required to register under this part may file a request for termination of registration requirements with TBI headquarters in Nashville.  (2) Notwithstanding subdivision (a)(1), if a court of competent jurisdiction orders that an offender's records be expunged pursuant to § , and the offense being expunged is an offense eligible for expunction under § , the TBI shall immediately remove the offender from the SOR and the offender's records shall be removed as provided in §

Upon receipt of the Termination request, TBI shall:

Upon receipt of the Termination request, TBI shall: (Cont.)

Termination process:  The offender has to be in one of these categories:  Sexual offender, whose victim was 13yo or older, on the registry 10 years after the expiration of his/her sentence or 5 years since the initial registry, whichever is longer  Juvenile registered offender age 25 or older, whose victim was 13yo or older  Sexual offender, previously denied termination for noncompliance, 5 years after the denial, whose victim was 13yo or older  After the initial request is received by TBI SOR Analyst, he/she will determine if the offender falls under one of these conditions. If so a letter will be sent to the registering agency of that offender (by mail or ) requesting he/she be fingerprinted.  Upon receipt of those fingerprints the TBI will conduct a background check of that offender and send the whole file including any new findings to TBI designated Legal Council for review.

 The registering agency will be contacted by a TBI Paralegal from the Professional Standards Unit for comments and reports on the offender at question  Final determination will be made by TBI Legal Council upon review of all results and documentation in the offender’s file  If termination is granted, the registering agency, as well as the offender will be notified in writing of TBI’s decision and the offender will no longer be required to register for that specific offense in TN  If termination is denied for noncompliance, the offender will be notified in writing and he/she will continue to be required to register as normal for another 5 years. After 5 years the offender will be allowed to request termination again if there has not been any additional sexual convictions on his/her record. Termination process (cont.):

Deletion of Sex offender from the registry:  Offenders eligible for deletion:  Offenders granted expungement for TN sexual offenses in the state of TN  Offenders who are on TN SOR only because they are on another state’s registry and have been removed from that state’s registry  Offender’s who were registered in error  Dead offenders  Offenders who have successfully completed judicial diversion and TBI is in receipt of the court paperwork for that completion Upon deletion approval for an offender’s record, the registering agency and the offender will be notified in writing of the granted deletion.

Questions???? Intelligence Analysts: SOR Hotline: Fax#