Pre-filed December 16, 1999, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal sections 589.400, 589.403, 589.407, 589.410, 589.414, 589.417, 589.425 and 610.105, RSMo Supp. 1999, relating to the registration of certain offenders, and to enact in lieu thereof eight new sections relating to the same subject, with penalty provisions.
Section A. Sections 589.400, 589.403, 589.407, 589.410, 589.414, 589.417, 589.425 and 610.105, RSMo Supp. 1999, are repealed and eight new sections enacted in lieu thereof, to be known as sections 589.400, 589.403, 589.407, 589.410, 589.414, 589.417, 589.425 and 610.105, to read as follows:
589.400. 1. Sections 589.400 to 589.425 shall apply to:
(1) Any person who, since July 1, 1979, has been or is hereafter convicted of, received a suspended imposition or execution of sentence for, been found guilty of, or pled guilty to committing, or attempting to commit, a felony offense of chapter 566, RSMo; or
(2) Any person who, since July 1, 1979, has been or is hereafter convicted of, received a suspended imposition or execution of sentence for, been found guilty of, or pled guilty to committing, or attempting to commit one or more of the following offenses: kidnapping; promoting prostitution in the first degree; promoting prostitution in the second degree; promoting prostitution in the third degree; incest; abuse of a child; used a child in a sexual performance; a misdemeanor offense of chapter 566, RSMo; or promoting sexual performance by a child; and committed or attempted to commit the offense against a victim who is a minor, defined for the purposes of sections 589.400 to 589.425 as a person under seventeen years of age; or
(3) Any person who, since July 1, 1979, has been committed to the department of mental health as a criminal sexual psychopath; or
(4) Any person who, since July 1, 1979, has been found not guilty as a result of mental disease or defect of any offense listed in subdivision (1) or (2) of this subsection; or
(5) Any person who is a resident of this state, or is a nonresident but is employed or attends school in this state, who was required to register as an offender in any other state or who has, since July 1, 1979, or is hereafter convicted of, received a suspended imposition or execution of sentence for, been found guilty of, or pled guilty or nolo contendere in any other state or under federal or military jurisdiction to committing, or attempting to commit, an offense which, if committed in this state, would be a felony violation of chapter 566, RSMo, or a felony violation of any offense listed in subdivision (2) of this subsection.
2. Any person to whom sections 589.400 to 589.425 applies shall, within ten days of coming into any county, register, in person, with the chief law enforcement official of the county in which such person resides. Any person registered pursuant to sections 589.400 to 589.425 shall also register within ten days with the chief law enforcement official of the county in which such person is employed, any county in which such person attends school and any jurisdiction in which such person intends to be or is present for ten or more days within any twelve-month period. The chief law enforcement official shall forward a copy of the registration form required by section 589.407 to a city, town or village law enforcement agency located within the county of the chief law enforcement official, if so requested. Such request may ask the chief law enforcement official to forward copies of all registration forms filed with such official. The chief law enforcement official may forward a copy of such registration form to any city, town or village law enforcement agency, if so requested.
3. The chief law enforcement official shall notify and forward a copy of the registration information and related fingerprints and photographs to the appropriate official in another state upon notification that the registrant has moved or will be moving to such other state.
4. Any person required to register pursuant to this section shall notify the chief law enforcement official of the date of changing residence within ten days of removing such person's residence from the county.
589.403. 1. Any court, upon a plea of guilty or conviction of a crime that the defendant will be required to register pursuant to the provisions of sections 589.400 to 589.425, RSMo, shall enter into the record the age of the victim.
2. No person required to register pursuant to the provisions of sections 589.400 to 589.425, RSMo, shall be granted probation or parole without such registration being a condition of such probation or parole.
3. Any person to whom subsection 1 of section 589.400 applies who is paroled, discharged, or otherwise released from any correctional facility of the department of corrections or any mental health institution where such person was confined, shall be informed by the official in charge of such correctional facility or mental health institution of the person's possible duty to register pursuant to sections 589.400 to 589.425. If such person is required to register pursuant to sections 589.400 to 589.425, the official in charge of the correctional facility or the mental health institution shall obtain the address where the person expects to reside upon discharge, parole or release, and shall [report such address to] initially register such offender with the Missouri state highway patrol through submission of an offender registration form, a copy of which will be furnished by the official in charge of the correctional facility or mental health institution to the chief law enforcement official of the county where the person expects to reside upon discharge, parole or release.
589.407. Any registration pursuant to sections 589.400 to 589.425 shall consist of completion of an offender registration form developed by the Missouri state highway patrol. Such form shall include, but is not limited to the following:
(1) A statement in writing signed by the person, giving the name, address, social security number and phone number of the person, the place of employment of such person, the crime which requires registration, whether the person was sentenced as a persistent or predatory offender pursuant to section 558.018, RSMo, the date, place, and [a brief description of such crime] the charge for which convicted and the elements of that charge, the date and place of the conviction or plea regarding such crime, the age and gender of the victim at the time of the offense and whether the person successfully completed the Missouri sexual offender program pursuant to section 589.040, if applicable, and a recent photograph of the person; and
(2) The fingerprints [and a photograph] of the person.
589.410. 1. The chief law enforcement official shall forward the completed offender registration form to the central repository within [ten] three days. The patrol shall enter the information into the Missouri uniform law enforcement system (MULES) where it is available to members of the criminal justice system upon inquiry and shall also enter the information into the National Sex Offender Registry.
2. Any person registered pursuant to the provisions of sections 589.400 to 589.425 for a sexual offense, except a level one designee, shall have such person's name, address, crime for which such person is registered and the charge for which convicted and the elements of that charge published on the department of public safety's Internet web site.
589.414. 1. If any person required by sections 589.400 to 589.425 to register changes residence or address, or if a nonresident changes employment or school address, within the same county as such person's previous address, the person shall inform the chief law enforcement official in writing within ten days of such new address and phone number, if the phone number is also changed, and with proof of such employment, if the employment has changed.
2. If any person required by sections 589.400 to 589.425 to register changes such person's residence or address, or if a nonresident changes employment or school address, to a different county, the person shall inform both the chief law enforcement official with whom the person last registered and the chief law enforcement official of the county having jurisdiction over the new residence or address in writing within ten days, of such new address and phone number, if the phone number is also changed, and with proof of such employment, if the employment has changed.
3. Any person required by sections 589.400 to 589.425 to register who officially changes such person's name shall inform the chief law enforcement officer of such name change within seven days after such change is made.
4. In addition to the requirements of subsections 1 and 2 of this section, the following offenders shall contact the county law enforcement agency every ninety days to verify the information contained in their statement made pursuant to section 589.407:
(1) Any offender registered as a predatory or persistent sexual offender;
(2) Any offender who is registered for a crime where the victim was less than eighteen years of age at the time of the offense; and
(3) Any offender who has pled guilty or been found guilty pursuant to section 589.425 of failing to register or submitting false information when registering.
589.417. 1. Except [for the specific information listed in subsection 2 of] as otherwise provided in this section, the complete statements[, photographs] and fingerprints required by sections 589.400 to 589.425 shall not be subject to the provisions of chapter 610, RSMo, and are not public records as defined in section 610.010, RSMo, and shall be available only to courts, prosecutors and law enforcement agencies.
2. Notwithstanding any provision of law to the contrary, the chief law enforcement official of the county shall maintain, for all offenders registered in such county, including those receiving a suspended imposition or execution of sentence, a complete list of the names, addresses, photographs and crimes for which such offenders are registered. [Any person may request such list from the chief law enforcement official of the county.]
3. The chief law enforcement official of the county shall provide to the principal administrator of each public, private and parochial school the names, addresses, photographs and crimes for which such offenders are registered of any offender residing within one mile of a school.
4. There shall be a board of examiners of sex offenders which shall possess the powers and duties specified in this section. Such board shall consist of five members appointed by the governor. Three members who shall be experts in the field of the behavior and treatment of sex offenders and shall be employees of the board of probation and parole and the remaining two members shall be employees of the department of corrections. The term of office of each member of such board shall be for six years. Any member chosen to fill a vacancy occurring other than by expiration of term shall be appointed for the remainder of the unexpired term of the member whom he or she is to succeed. In the event of the inability to act of any member, the governor may appoint some competent, informed person to act in his or her stead during the continuance of such disability. The board members shall not be compensated for their services, but shall be reimbursed from funds appropriated for actual and necessary expenses incurred in the performance of their duties.
5. The governor shall designate one of the members of the board as chairman to serve in such capacity at the pleasure of the governor or until the member's term of office expires and a successor is designated in accordance with law, whichever first occurs.
6. Except as otherwise provided by law, a majority of the board shall constitute a quorum for the transaction of all business of the board.
7. The board shall develop guidelines and procedures to assess the risk of a repeat offense by such sex offender and the threat posed to the public safety. Such guidelines shall be based upon, but not limited to, the following:
(1) Criminal history factors indicative of high risk of repeat offense, including:
(a) Whether the sex offender has a mental abnormality;
(b) Whether the sex offender's conduct was found to be characterized by repetitive and compulsive behavior, associated with drugs or alcohol;
(c) Whether the sex offender served the maximum term;
(d) Whether the sex offender committed the felony sex offense against a child less than seventeen years of age; and
(e) The age of the sex offender at the time of the commission of the first sex offense;
(2) Other criminal history factors to be considered in determining risk, including:
(a) The relationship between the sex offender and the victim;
(b) Whether the offense involved the use of a weapon, violence or infliction of serious bodily injury;
(c) The number, date and nature of prior offenses;
(3) Conditions of release that minimize risk of reoffense, including but not limited to whether the sex offender is:
(a) Under supervision;
(b) Receiving counseling, therapy or treatment; or
(c) Residing in a home situation that provides guidance and supervision;
(4) Physical conditions that minimize risk of reoffense, including but not limited to advanced age or debilitating illness;
(5) Whether psychological or psychiatric profiles indicate a risk of recidivism;
(6) The sex offender's response to treatment;
(7) Recent behavior, including behavior while confined;
(8) Recent threats or gestures against persons or expressions of intent to commit additional offenses; and
(9) Review of any victim impact statement.
8. Applying these guidelines, the board shall, after January 1, 2001, and within sixty calendar days before the discharge, parole or release of a sex offender, make a recommendation which shall be confidential and shall not be available for public inspection, to the sentencing court, providing for one of the following three levels of notification depending upon the degree of the risk of reoffense by the sex offender:
(1) If the risk of repeat offense is low, a level one designation shall be given to such sex offender. In such case the law enforcement agency having jurisdiction and the law enforcement agency having had jurisdiction at the time of his or her conviction shall be notified pursuant to this article;
(2) If the risk of repeat offense is moderate, a level two designation shall be given to such sex offender. In such case the law enforcement agency having jurisdiction and the law enforcement agency having had jurisdiction at the time of his or her conviction shall be notified and shall disseminate, upon request, the offender registration information required by subdivision (1) of section 589.407;
(3) If the risk of repeat offense is high and there exists a threat to the public safety, a level three designation shall be given to such sex offender. In such case, the law enforcement agency having jurisdiction and the law enforcement agency having had jurisdiction at the time of his or her conviction shall be notified and shall disseminate, upon request, the offender registration information required by subdivision (1) of section 589.407.
9. Any offender required to register pursuant to sections 589.400 to 589.425 who is not classified by the board pursuant to this section shall be deemed to have a level three designation.
10. Any offender required to register pursuant to sections 589.400 to 589.425 who is not classified by the board pursuant to this section may petition the board to be classified pursuant to this section before January 1, 2001.
589.425. [1.] Any person who is required to register pursuant to sections 589.400 to 589.425 and:
(1) Includes any false information in such person's registration statement; or
(2) Fails to register; or
(3) Fails to timely verify registration information pursuant to section 589.414; is guilty of a [class A misdemeanor.
2. Any person who commits a second or subsequent violation of subsection 1 of this section is guilty of a] class D felony.
610.105. If the person arrested is charged but the case is subsequently nolle prossed, dismissed, or the accused is found
not guilty or imposition of sentence is suspended in the court in which the action is prosecuted, official records pertaining
to the case shall thereafter be closed records when such case is finally terminated except that the disposition portion of the
record may be accessed and except as provided in section 610.120 and sections 589.400 to 589.425, RSMo. If the
accused is found not guilty due to mental disease or defect pursuant to section 552.030, RSMo, official records pertaining
to the case shall thereafter be closed records upon such findings, except that the disposition may be accessed only by law
enforcement agencies, child-care agencies, facilities as defined in section 198.006, RSMo, and in-home services provider
agencies as defined in section 660.250, RSMo, in the manner established by section 610.120.
Missouri House of Representatives