TBI SOR Training

Juvenile Registration

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)  Step 1) Inquire in SOR  Confirm if the Juvenile needs to be registered  If you are unsure, contact TBI and provide a copy of the juvenile’s adjudication for legal review  Read the Instruction form to the juvenile. The juvenile and agency must sign it  These forms can be found on the TBI website  Fill out the Juvenile Registration Form by hand  Send the forms to TBI (fax or scanned to ): 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’s requirement to register

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.

SOR Fees

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. (form is available on the TBI website)

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

Public Chapter 751  Allows county, metropolitan form of government or municipality by a 2/3 vote of its legislative body to establish a community notification system regarding registered offenders and to add a fee of up to $50.00 to the offender’s annual administrative fee to pay for it.  This money does not go into the general fund, it must stay in SOR to pay form of notification used.

Public Chapter 751 (cont’d.)  (b) Forms of notification a county, metropolitan form of government or municipality may elect to establish include:  (1) Notification by the sheriff's office or police department to residents, schools and child-care facilities located within a specified number of feet from the offender's residence;

Public Chapter 751 (cont’d.)  (2) A community notification flyer, whether made by regular mail or hand delivered, to all legal residences within the specified area;  (3) Posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared residence of the offender;

Public Chapter 751 (cont’d.)  (4) Publicizing the notice in a local newspaper, or posting electronically, including the Internet;  (5) Notifying homeowners associations within the immediate area of the declared residence of the offender; or  (6) Any other method reasonably expected to provide notification.

Public Chapter 751 (cont’d.)  (c) Nothing in this section shall be construed as prohibiting the Tennessee Bureau of Investigation, a sheriff, or a chief of police from providing community notification under this section electronically or by publication or periodically to persons whose legal residence is more than the applicable distance from the residence of an offender.

SOR FEES DO NOT STEAL THE MONEY

Verification of Information

b) It shall be the duty of the offender's designated registering agency, its representatives and designees, including any district attorney general's criminal investigator, to verify the accuracy and completeness of all information contained in the offender's SOR.

Reminders and Updates to the SOR system

Registrations and Updates  When initially registering an offender you must scan in a copy of the offender’s conviction papers. If the offender does not provide them to you, your agency must request them from the convicting jurisdiction. Also attain written documentation of the age of the victim.

 No updates or reporting can be completed if an offender is in Violation (P/Y) or if the offender is listed as being an Absconder (B)  These deficiencies must be corrected before a submission will be successful Registrations and Updates

 Possible Violation  Choose Yes or No  If “Yes, change it back to “No” when the offender is back in compliance.  You must type a full comment in the notes box stating if the offender is or is not in violation.  On the next page click the skip NCIC button and submit

Registrations and Updates  Before you begin a Registration/Reporting/Update, inquiry the offender in the SOR system  Check with your TAC to see if your agency has an active NCIC entry on the offender  A base record is NO LONGER NEEDED

New Options If your agency has an active NCIC entry on an offender, check this box If there is no active entry on the offender for YOUR AGENCY, check this box. It will create a record in NCIC and give you a NIC number upon submission

Reminders  Jurisdiction changes  Moving from one TN address to another  Contact TBI so that we can change the agency to be notified once the offender is in their prospective jurisdiction  Address Changes (Out of State):  Do not change the Agency to be Notified until you have written confirmation of registration in another state. ▪ Submit this proof to TBI- If no proof is provided to agency within 72 hours- put offender in ABSCONDER status

Reminders (cont.)  Absconders  If an offender fails to report, change them to Absconder.  Your agency remains as the Agency to be Notified  Change Violation to “Yes” If an offender does not report within 48h of release from jail/prison- NOTIFY TBI

Reminders (cont.)  Fingerprints from offenders must be obtained to receive an offender’s SID and FBI#  Out-of-state offenses-  use code 3699:39-13-PT5 and exact wording of offense= DO NOT Equate to TN offenses

Reminders (cont.)  Document upload  Any and all documents pertaining to the offender can be uploaded via SOR. ▪ Scan the document and save it on to your desktop ▪ Once logging in to SOR select Information update and enter the Offender’s TOMIS number ▪ Select ‘Upload Documents’ ▪ Browse your server and select the document you want to upload ▪ Select enter ▪ Process is complete

Reminders (cont.)  Change of Information/Information Updates DO NOT count as Annual or Quarterly Reports. Make sure you are selecting the correct option to keep your offenders out of Violation.  An offender’s NCIC entry MUST match SOR information reported. Obtain a copy of the offender’s QXS from your TAC to cross-check the information.

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

Reminders (cont.)  Correct photos:

Termination Process

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 Terminations can also be requested by the registering agency through SOR  Before requesting Termination of an offender:  Check SOR to see if a termination is already pending (please do not double up requests)  Assure that they meet the minimum qualifications and have provided a copy of their judgment and proof of the age of their victim.  Check the offender’s classification ▪ Cannot be Violent or an offender against children  Terminations can take anywhere from six months to a year.

Termination from SOR

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:

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.

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

 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  Offenders 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. *IF ANOTHER WEBSITE TAKES THE OFFENDER’S INFORMATION WHILE IT IS ON THE TBI SITE, TBI IS NOT RESPONSIBLE FOR REMOVING THAT SITE’S INFORMATION

Certified Records

CERTIFIED RECORDS  Request records through SOR only  Send the request at least one month prior to needing the record  All records will be sent in digital format via  They will be ed to Government Accounts ONLY  Apply for a LEO account if needed  Provide the Offender’s Name and TOMIS/SO# along with your address and other contact information

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

The new TBI SOR Website

New TBI Website Click here for SOR

SOR Website features

SOR Search

Another Important Website:  United States Department of Justice / National Sex Offender Public Web Site

SOR Law

Mapping Offenders

Drug Free Zones

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 William Rieder with candidates: SOR LE Hotline: TBI Find:

Law Enforcement Resources

Questions???? SOR LE Hotline: Fax#