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 [email protected] 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: [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] SOR Hotline: 1-888-837-4170
[email protected]#615-744-4655