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Sex and Violent Offender Registration

Sex and Violent Offender Registration. Case Management. Course Objectives . Participants will have an overview of the role of DOC staff in the Sex and Violent Offender Registration Process

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Sex and Violent Offender Registration

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  1. Sex and Violent Offender Registration Case Management

  2. Course Objectives • Participants will have an overview of the role of DOC staff in the Sex and Violent Offender Registration Process • Participants will have an understanding of the statutes that determine the rules for Sex and Violent Offenders

  3. CASE MANAGER DUTY *Packet should be started 30 days from discharge. *Registration is MANDATORY *Be sure Notice of Duty to Register form is signed and dated by both parties. If the offender refuses to sign or cooperate, the offender should be dropped to level one and a misconduct written for law violation “According to policy on Acts Constituting a Rule Violation, OP-060125, Law Violations, Class X-22 Violation of State or Federal law. (Does not require conviction in a state or federal court).” 

  4. Registration Packet Checklist • Sex/Violent Offender Registration form • Sex/Violent Notice of Duty to Register • Judgment and Sentence (any additional sentencing documents) • Fingerprints Current forms can be found on the Resources link

  5. Notice of Duty to Register

  6. Notification to Law Enforcement • Per 57 OS 582.2, no less than (7) seven days prior to release, DOC must notify law enforcement of the offender’s address, registration information and level assignment. • Per OP 020307 the registration packet is due in the SOR Unit two weeks prior to discharge.

  7. Places offender can live • Hands Up Ministries (men) $105 – $130/wk, plus $5 per ride • 2130 SE 59th Street • Oklahoma City, OK 73129 Hands Up Ministries (men) • 2130 SE 59th Street • Oklahoma City, OK 73129 • (405) 236-3349 • Executive Inn $55/day • 3501 S. I-35 Service Road • Oklahoma City, OK 73129 • (405) 672-1193 • Drover’s Inn • 3809 S. I-35 Service Road • Oklahoma City, OK 73129 • (405) 677-3888

  8. More places for offenders • Operation Hope Prison Ministry Sand Springs/Tulsa/Claremore 918-289-9455 Eagles View RV Park Sand Springs, OK Mary Wallace 918-200-4635 Hands up Ministry Women 3312 E. Hefner Rd. OKC, OK 73131 405-236-3349

  9. Juvenile/Youthful Offenders • Must be court orderedand convicted of at least one of the following: • Forcible Sodomy • Rape I or II • Rape by instrumentation • Office of Juvenile Affairs (OJA) maintains a registry for juvenile offenders

  10. Level Assignment • Effective 11/1/07; amended 4/29/08-Level assessment –All offenders, whether convicted in Oklahoma or out of state, will be assigned a level based upon a risk assessment developed by DOC • Level 1-Register annually for 15 years • Level 2-Register semi-annually for 25 years • Level 3-Register every 90 days for lifetime • Length of registration will begin upon completion of sentence for Oklahoma convictions. • Length of registration for out of state convictions will be calculated from the initial registration date (entry) in Oklahoma

  11. Aggravated Offenders • On or after November 1, 1999, any person who has been convicted of a crime or an attempt to commit a crime, received a suspended sentence or any probationary term, including a deferred sentence……..shall be subject to all the registration requirements of this act and shall be designated by the DOC as an aggravated sex offender. An aggravated sex offender shall be required to register for the lifetime of the aggravated sex offender.

  12. Habitual Offenders • Any person who has been convicted of or received a suspended sentence or any probationary term, including a deferred sentence…and who: Is subsequently convicted of a sex crime on or after November 1, 1997, or Has been convicted of an additional sex crime and has entered the state after November 1, 1997, shall be designated by the DOC as a habitual sex offender.

  13. VERIFICATION LETTERS

  14. 57 O.S. 590 - Residency Restriction • It is unlawful for any person registered pursuant to the SORA to reside, either temporarily or permanently, within a two-thousand-foot radius of any public or private school site, educational institution, property or campsite used by an organization whose primary purpose is working with children, a playground or park that is established, operated or supported in whole or in part by a homeowners' association or a city, town, county, state, federal or tribal government, or a licensed child care center as defined by the Department of Human Services. • DHS defines licensed child care center as a center that operates more than 30 hours per week.

  15. 57 O.S. 590 - Residency Restriction • The provisions of this section shall not applyto any registered sex offender residing in a hospitalor other facility certified or licensed by the State of Oklahomato provide medical services. • Any person willfully violating the provisions of this section by intentionally moving into any neighborhood or to any real estate or home within the prohibited distance shall, upon conviction, be guilty of a felony punishable by a fine not to exceed Three Thousand Dollars ($3,000.00), or by imprisonment in the custody of the Department of Corrections for a term of not less than one (1) year nor more than three (3) years, or by both such fine and imprisonment. Any person convicted of a second or subsequent violation of this section shall be punished by a fine not to exceed Three Thousand Dollars ($3,000.00), or by imprisonment in the custody of the Department of Corrections for a term of not less than three (3) years, or by both such fine and imprisonment.

  16. New Legislation-Effective 11-1-2017 • Any person subject to the provisions of the Sex Offenders Registration Act who resides with a minor child as the parent, stepparent or grandparent of the minor child, provided the minor child was not the victim of the offense for which the person is required to register, must report to the statewide centralized hotline of the Department of Human Services the name and date of birth of any and all minor children residing in the same household and the offenses for which the person is required to register pursuant to the Sex Offenders Registration Act within three (3) days of intent to reside with a minor child. The hotline number is 1-800-522-3511.

  17. Zone of Safety • A person is prohibited from loitering within five hundred (500) feet of any elementary, junior high or high school, permitted or licensed child care center, playground, or park if the person has been convicted of a crime that requires the person to register pursuant to the SORA or the person has been convicted of an offense in another jurisdiction, which offense if committed or attempted in this state, would have been punishable as one or more of the offenses listed in Section 582 of Title 57 of the Oklahoma Statutes and the victim was a child under the age of sixteen (16) years. • A person is prohibited from entering any park if the person has been designated as a habitual or aggravated sex offender. A park means any outdoor public area specifically designated as being used for recreational purposes that is operated or supported in whole or in part by an association of homeowners or a city, town, county, state, federal, or tribal governmental authority.

  18. Exemptions to Zone of Safety • A person shall be exempt from the prohibition of this section regarding a school or a licensed or permitted child care facility only under the following circumstances and limited to a reasonable amount of time to complete such tasks: • The person is the custodial parent or legal guardian of a child who is an enrolled student at the school or child care facility, and • The person is enrolling, delivering or retrieving such child at the school or licensed or permitted child care center during regular school or facility hours or for school-sanctioned or licensed or permitted child care center sanctioned extracurricular activities. • Priorto entering the zone of safety for the purposes listed in this paragraph, the person shall inform school or child care center administrators of his or her status as a registered sex offender. The person shall update monthly, or as often as required by the school or center, information about the specific times the person will be within the zone of safety as established by this section. • This exception shall not be construed to modify or remove any restrictions applicable to the person by court order, conditions of probation, or as provided by other provision of law.

  19. Exemptions to Zone of Safety • The provisions of subsection A of this section shall not apply to any person receiving medical treatment at a hospital or other facility certified or licensed by the State of Oklahoma to provide medical services. As used in this subsection, "medical treatment" shall not include any form of psychological, social or rehabilitative counseling services or treatment programs for sex offenders. • Nothing in this section shall prohibit a person, who is registered as a sex offender pursuant to the Sex Offenders Registration Act, from attending a recognized church or religious denomination for worship; provided, the person has notified the religious leader of his or her status as a registered sex offender and the person has been granted written permission by the religious leader.

  20. Sex offenders residing together, 57 O.S. 590.1 • It is unlawful for two or more persons required to register as sex offenders to residetogether in any individual dwelling during the term of registration as a sex offender. • There is an exception if the offenders are blood relative ormarried.

  21. Mary Rippy Violent Crime Offenders Registration Act • The provisions of the Act apply to any person residing, working, or attending school in this state who has been convicted of, or received a deferred judgment or suspended sentence for the commission or attempt to commit certain violent crimes in the state on after November 1, 2004, or who entered the state after November 1, 2004, having previously been convicted of, or received a suspended or deferred sentence, or any probation and/or parole, for a crime or attempted crime which if committed or attempted in this state would be a crime as provided in the following section. Sentences rendered outside the Oklahoma judicial system include those from any court of another state, a federal court, an Indian tribal court or a military court. Except for habitual violent offenders, who are registered for life, the person shall be required to register for a period of ten (10) years from the date of the completion of the sentence.

  22. Registerable Violent Offenses • Murder First Degree, 21 O.S. 701.7 • Murder Second Degree, 21 O.S. 701.8 • Manslaughter First Degree, 21 O.S. 711 • Shooting with Intent to Kill; Assault and Battery with a Deadly Weapon; Use of a Vehicle to Facilitate Use of a Firearm, Crossbow or other Weapon, 21 O.S. 652 • Assault with Intent to Kill, 21 O.S. 653 • Bombing & Explosives Violations, 21 O.S. 1767.1 • Requires court order • Abuse or Neglect of Child/Child Abuse, 10 O.S. 7115 • Abuse, Neglect, or Financial Exploitation by Caretaker, 10 O.S. 843.1 • Verbal Abuse by a Caretaker, 10 O.S. 843.2 • Omission to Provide for a Child, 21 O.S. 852 • Child Endangerment by Permitting Child Abuse, 21 O.S. 852.1

  23. Registration of Violent Offenders • 57 O.S. 595 provides that violent crime offenders be designated by the DOC as habitual upon their second conviction for a crime subject to violent crime registration after November 1, 2004, or enters this state after November 1, 2004 having been convicted of two or more crimes which, if committed or attempted in this state, would be a crime subject to registration • Habitual violent offenders must registerfor their lifetime • LE is responsible for community notification in the same manner as a sex offender • Violation of any provision of the Act is a felony punishable by incarceration of up to five years and/or a $5000 fine. Violations will be reported to the local LE and district attorney’s office for their consideration of filing charges • It is unlawful for a registered violent offender to work with or provide services to children or to work on school premises, OR for any person or business who offers or provides services to children or contracts for work to be performed on school premises. Violations may be punished as a misdemeanor with a fine not to exceed $1000.

  24. Sex and Violent OffenderRegistration Unit 3400 Martin Luther King Avenue PO Box 11400 Oklahoma City, Oklahoma 73136 Phone: 405-425-7601 Email: osor@doc.ok.gov

  25. Questions?

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