RELATES TO: KRS 17.500-17.540, 42 U.S.C. 14071
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.510 requires the
Justice and Public Safety Cabinet to develop and implement a Sex Offender
Registration System. This administrative regulation establishes the
definitions, defines the processes, and establishes the forms necessary for the
administration of the Sex Offender Registration System.
Section 1. Definitions.
(1) "Authorizing Official" means an official
identified in KRS 17.510(3), (4), and (5).
(2) "Department" means the Department of
Kentucky State Police.
(3) "LINK"
means the Law Information Network of Kentucky.
(4) "NCIC" means the National Crime
Information Center.
(5)
"Registrant" is defined by KRS 17.500(5).
(6) "Registrant information" means the
specific information set forth in KRS 17.500(6), as well as the name and
address of any place where the registrant is a student.
(7) "SOR" means the Sex Offender
Registry.
Section 2. Sex
Offender Duty to Register Notification Form.
(1) A registrant shall provide the
information required to complete the Sex Offender Duty to Register Notification
Form #P:227.
(2) Completion of Sex
Offender Duty to Register Notification Form #p:227.
(a) The Division of Probation and Parole
shall complete the Sex Offender Duty to Register Notification Form #P:227 for
the sentencing court.
(b) A
registrant shall, in the presence of the sentencing judge, sign the Sex
Offender Duty to Register Notification Form #P:227 on the registrant's
signature line, in ink.
(c) A copy
of the completed form shall be provided to the registrant.
Section 3. Kentucky Sex Offender
Registrant Responsibility Form.
(1) A
registrant shall provide the information required to complete Kentucky Sex
Offender Registrant Responsibility form.
(2) Completion of Kentucky Sex Offender
Registrant Responsibility form.
(a) An
authorizing official shall complete the Kentucky Sex Offender Registrant
Responsibility form.
(b) A
registrant shall, in the presence of an authorizing official, sign the Kentucky
Sex Offender Registrant Responsibility form on the signature line, in ink or
electronically.
(c) An authorizing
official shall sign and date the Kentucky Sex Offender Registrant
Responsibility form, in ink or electronically.
Section 4. SOR Registration Forms.
(1) The following Sex Offender Registry Forms
have been established:
(a) The Kentucky Sex
Offender Registry Entry and Modification Form #P:225 shall be completed by all
persons required to register pursuant to
KRS 17.510(2) as follows:
1. Persons initially registering with the Sex
Offender Registry; and
2. Persons
changing registrant information; and
(b) The Kentucky Sex Offender Registry
Move-In Form (#P:226) shall be completed by all parties required to register
pursuant to KRS 17.510(6) or (7).
(2) Completion of the #P:225 and the P#:226.
(a) The #P:225 and #P:226, as appropriate,
shall be completed in the presence of or by the authorizing official and shall
include:
1. The date of release from
custody;
2. Maximum discharge date
of supervised release, or serve out date, whichever is later;
3. Name of person completing the form, if
registrant is assisted;
4. Office
phone number of the releasing entity; and
5. The date the form is signed.
(b) The registrant shall read the
#P:225 or #P:226, as appropriate, in the presence of the authorizing
official.
(c) The registrant shall
sign the #P:225 or #P:226, as appropriate, on the registrant's signature line
of the form, in ink or electronically.
(d) The authorizing official shall sign the
#P:225 or #P:226, as appropriate, on the authorizing official signature
line.
(e) The authorizing official
shall mail one (1) copy of the completed #P:225 or #P:226 to the department on
the day the form is submitted electronically.
(3) A #P:225 or #P:226 shall not be complete
if:
(a) It does not contain the registrant
information required by KRS 17.500(6) and this administrative
regulation;
(b) It contains
erroneous or false information;
(c)
An item on the form cannot be read or understood; or
(d) The registrant or authorizing official
fails to sign the appropriate line.
(4) If the department determines that a
#P:225 or #P:226 is incomplete, the department shall notify the submitting
authorizing official, of:
(a) The reason the
#P:225 or #P:226 Entry Form was determined to be incomplete; and
(b) The action required to complete the
#P:225 or #P:226.
(5)
Once the deficiencies of an incomplete #P:225 or #P:226 are corrected, the
department shall enter the corrected information into the SOR, LINK, and
NCIC.
(6) The department shall
enter correct information from an incomplete #P:225 or #P:226 into SOR, LINK,
and NCIC.
Section 5. Sex
Offender Registry Address Verification Forms. A registrant shall verify the
accuracy of the registrant information contained in the appropriate Sex
Offender Registry Address Verification Form (#SOR 1T, #SOR 1L, #SOR 1WL, and
#SOR 1WT) mailed to him or her by the department.
(1) Annually, the department shall mail,
during the birth month of each ten (10) or twenty (20) year registrant that
resides in Kentucky, an Address Verification Form #SOR 1T to the last known
address of the registrant.
(2)
Annually, the department shall mail, during the birth month of each ten (10) or
twenty (20) registrant that resides in another state, but has entered Kentucky
for employment, to carry on a vocation, or as a student, an Address
Verification Form (#SOR 1WT) to the last known address of the
registrant.
(3) At least once every
ninety (90) days, the department shall mail an Address Verification Form (#SOR
1L) to the last known address of each lifetime registrant that resides in
Kentucky.
(4) At least once every
ninety (90) days, the department shall mail to the last known address of each
lifetime registrant that resides in another state, but has entered Kentucky for
employment, to carry on a vocation, or as a student, an Address Verification
Form (#SOR 1WL).
(5) Completion of
Sex Offender Registry Address Verification Forms. A registrant shall:
(a) Complete each item in the Address
Verification Form;
(b) Sign the
Address Verification Form on the signature line in ink; and
(c) Mail the completed Address Verification
Form to the department on the day the form is completed.
(6) An Address Verification Form shall not be
complete if:
(a) It does not contain the
information required;
(b) It
contains erroneous or false information;
(c) An item on the form cannot be read or
understood; or
(d) The registrant
fails to sign on the appropriate line.
(7) If the department determines that an
Address Verification Form is incomplete, the department shall return the form
to the submitting registrant, notifying the submitting registrant of:
(a) The reason the Address Verification Form
was returned; and
(b) The action
required by the registrant to properly complete the Address Verification Form
prior to validation thereof.
Section 6. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Sex Offender Duty to Register
Form #P:227", June 2006;
(b) "Sex
Offender Registry Entry and Modification Form #P:225", December 2017;
(c) "Form #P:226", December 2017;
(d) "Sex Offender Registry Address
Verification Form #SOR 1T", December 2018;
(e) "Sex Offender Registry Address
Verification Form #SOR 1L", December 2018;
(f) "Sex Offender Registry Address
Verification Form #SOR 1WT", December 2018;
(g) "Sex Offender Registry Address
Verification Form #SOR 1WL", December 2018; and
(h) "Kentucky Sex Offender Registrant
Responsibility Form", July 2020.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department of State
Police, Data Processing Section, 1266 Louisville Road, Frankfort Kentucky
40601, Monday through Friday, 8 a.m. to 4:30 p.m.