Section 1 Authority
009 , No. 58, §
11(3)(C),
eff. July 1, 2009.
13 V.S.A. §
5401, Subchapter 3 of Chapter 167 et seq.,
"Sex Offender Registration; Law Enforcement Notification".
Section 2 Purpose
The purpose of this administrative rule is to establish the
criteria for the Commissioner of the Department of Corrections to apply when
reviewing decisions of the Sex Offender Review Committee, under §
11(3)(C)
of Act 58 of the 2009 legislative session, granting an exemption from the Sex
Offender Internet Registry to eligible offenders who have successfully
reintegrated into the community.
Section
3 Applicability/Accessibility
This rule is applicable to all individuals and groups
affected by the operations of the Vermont Department of Corrections, the Sex
Offender Registry, and the Vermont Criminal Information Center. Anyone may have
access to this rule.
Section
4 Definitions
Commissioner: The Commissioner of the Department of
Corrections.
Department: The Department of Corrections.
Eligible Offender: A person, convicted of a sexual crime
prior to July 1, 2009 in the State of Vermont that requires compliance with the
terms of subchapter 3 of chapter 167 of Title 13, and who:
a. is no longer under Department supervision;
OR
b. is
still under Department supervision and has
i.
a conviction of lewd and lascivious conduct with a child in violation of
13 V.S.A. §
2602,
OR
ii. two
(2) convictions for voyeurism in violation of
13 V.S.A. §
2605(b) or
(c).
Sex offenders on the Vermont Sex Offender Internet Registry
as of July 1, 2009 and those who have been designated as sexually violent
predators under
13
V.S.A. §
5405 are excluded from this
definition regardless of whether they meet any or all of the elements
above.
Index Offense: The offense(s) that require(s) compliance with
the terms of subchapter 3 of chapter 167 of Title 13.
Petition: The application form and supplemental materials
that must be filed by an eligible offender with the Sex Offender Review
Committee in order to be considered for an exemption from the Sex Offender
Internet Registry. An incomplete petition will not be considered.
Sex Offender Review Committee: The Committee established in
Section
5 of the
Department of Corrections APA Rule #05-013, Determination of High Risk and
Failure to Comply with Treatment for Purposes of Sex Offender Internet
Registry.
Sex Offender Internet Registry: The database of information,
maintained by the Department of Public Safety pursuant to
13 V.S.A.
§
5411(a), that is
publicly accessible through the Internet.
Section 5 Policy
a. The Commissioner will review all
determinations of the Sex Offender Review Committee on offender petitions for
exemption from the Sex Offender Internet Registry.
b. The Commissioner will consider the
decision of the Sex Offender Review Committee using the following criteria to
assess whether the eligible offender has successfully reintegrated into the
community.
i. Whether the offender has any
charges, plea agreements, or convictions for a period of five (5) years prior
to the effective date of the final version of this rule, of any of the
following:
a) a felony offense
b) an offense with a sexual element
c) a furlough/probation/parole/protection
order violation;
ii.
Whether the offender has complied with, and successfully completed all
treatment recommended by the Department;
iii. Whether the offender has any sex offense
convictions prior to the index offense;
iv. Whether the offender's current or prior
probation and parole officer(s) provided a positive recommendation;
v. Whether the offender's family and other
social supports are positive and prosocial;
vi. Whether the offender's employment and
residence status are stable.
Section 6 Process
a. The eligible offender is responsible for
submitting a complete petition, including the following items:
i. Documentation of treatment
completion;
ii. Documentation of
residence and employment for the previous five (5) years.
b. An eligible offender who has filed a
petition prior to the effective date of this administrative rule shall be
permitted an additional sixty (60) days to amend his/her petition.
c. The Sex Offender Review Committee shall
make written findings on each petition for an exemption after review of a
completed petition. The Sex Offender Review Committee shall deliver to the
Commissioner its written findings within one (1) week after its findings are
made.
d. Where the preponderance of
the evidence supports the Sex Offender Review Committee's conclusion over
whether the eligible offender has successfully reintegrated into the community,
the Commissioner will approve the Sex Offender Review Committee's decision. The
Commissioner will review each written decision from the Sex Offender Review
Committee within thirty (30) days of receiving the decision.
e. The Commissioner shall return to the Sex
Offender Review Committee any decision in which the Committee has not provided
a sufficient basis for review. The Committee shall provide the Commissioner
additional written explanation of the evidence upon which it relied within
fifteen (15) days. The Commissioner will then render a decision.
f. The Commissioner shall deliver to the Sex
Offender Review Committee, the Department of Public Safety, and the eligible
offender his/her determination, as well as the Sex Offender Review Committee's
written findings.
g. Appeal: Where
an eligible offender's petition for exemption from the Registry is denied, an
appeal to Vermont Superior Court is available through Vermont Rule of Civil
Procedure 75.
