Tenn. Comp. R. & Regs. 1395-01-05-.03 - SEXUAL OFFENDER REGISTRATION AND MONITORING PROGRAM IN GENERAL

(1) As an independent state agency, TBI has been statutorily charged with the responsibility of administering and maintaining the program, which is civil and remedial in nature. Only those offenders who meet the statutory definition of "sexual offender" can be registered, regardless of court orders to the contrary.

Information contained in the registry should not be used to injure, harass, or commit a criminal act against any person named in the registry; any such action could result in criminal prosecution.

(2) All sexual offenders shall:

(a) Complete a TBI sexual offender registration/ monitoring form within ten (10) days following release on probation, parole, any other alternative to incarceration; within ten (10) days following discharge from incarceration without supervision; within ten (10) days following any change of residence; and within ten (10) days after coming into a municipality or county where the offender temporarily resides, is domiciled, is employed, carries on a vocation, or is a student for any length of time; and

(b) Deliver the form to the TBI CIU at headquarters in Nashville.

(c) A registration/monitoring form is not considered complete unless it has been signed by the offender. If another person has been given power of attorney to sign documents for the offender and a copy of the power of attorney has been provided to the TBI CIU that other person may sign the registration/monitoring form instead of the offender.

(d) Copies of registration/monitoring forms will not be accepted. The offender must return the original form that he/she receives from the TBI CIU to the TBI CIU.

(3) A person placed on probation or parole in another state for a crime that qualifies as a sexual offense in Tennessee, who is residing in Tennessee pursuant to a compact for out-of-state supervision, shall be subject to the same registration and monitoring requirements as a person placed on probation or parole for a sexual offense in Tennessee. Likewise, a person who is discharged from incarceration in another state without supervision for a crime that qualifies as a sexual offense in Tennessee shall be subject to the same registration and monitoring requirements as a person who is discharged from incarceration in Tennessee without supervision.

(4) It is the responsibility of the sexual offender to register with the program within ten days of his or her release into the community after conviction and to return the quarterly monitoring reports to the TBI CIU within ten days of receipt. It is also the responsibility of the sexual offender to give written notice to the TBI CIU of any change in address or employment within ten days of such change.

Notes

Tenn. Comp. R. & Regs. 1395-01-05-.03

Original rule filed December 19, 2001; effective April 30, 2002.

Authority: T.C.A. §§ 40-39-101 and 40-39-103.