Section 1 Authority
010 , No. 66, §
4, eff.
July 1, 2010;
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 expand the list
of sex offenders who are eligible to petition for an exemption 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 any jurisdiction of the United States other than
Vermont, including a state, territory, commonwealth, the District of Columbia,
or military, federal, or tribal court who is not under the supervision of the
Vermont Department of Corrections and whose conviction requires compliance with
the terms of subchapter 3 of chapter 167 of Title 13.
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 any jurisdiction in which a prior offense was
committed;
iii. Whether the
offender has any sex offense convictions in any jurisdiction prior to the index
offense;
iv. Whether the offender's
family and other social supports are positive and prosocial;
v. Whether the offender's employment and
residence status are stable.
c. If an eligible offender is included on a
Sex Offender Internet Registry in another jurisdiction, the offender will not
be entitled to an exemption under this rule unless one (1) of the two (2)
criteria below applies. The offender will not be posted on the Vermont Internet
Registry, per 13 V.S.A § 541 la, if:
- The offender's index offense was a misdemeanor punishable
by less than six (6) months of imprisonment, or
- The offender's index offense was a criminal act solely due
to the age of the victim and the offender was under the age of eighteen (18)
and the victim at least twelve (12) years old at the time of the
offense.
Section
6 Process
a. The eligible
offender is responsible for submitting a complete petition, including the
following items:
i. Available information and
documentation regarding the nature and circumstances of the offense and
sentence from the jurisdiction where the offense occurred;
ii. Documentation of residence and employment
for the previous five (5) years.
iii. Actions undertaken by the Committee and
the Commissioner are based on the information provided by the eligible
offender. An offender's failure to provide complete and up-to-date information
may result in posting on the Sex Offender Internet Registry even if an
exemption may apply.
b.
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.
c. 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.
d. 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.
e. 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.
f. 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.
