Enacts the "domestic violence registration act"

Summary of provisions

The correction law is amended by adding a new article 6-B to be known as the Domestic Violence Registration Act.

Section 165-a.

1. The division shall establish and maintain a file of domestic violence offenders required to register with specific information such as name, aliases used, date of birth, a photograph and set of fingerprints as well as other information deemed pertinent by the division.

2. The division is permitted to share information with national and regional registries of domestic violence.

3. The division shall create a standardized registration form to be used by appropriate authorities.

4. Annual verification requirements will be conducted.

5. A telephone number will be provided for verification requirements.

6. A public awareness campaign about domestic violence will be launched by the division.

7. The division may charge a fee often dollars for processing registra- tion changes.

8. Outlines provisions for release of information to any such person.

9. Establishes procedure when dealing with sharing of information with an internet entity.

Section 165-b. Establishes requirements and procedures for domestic violence offender relocation notification upon release from a correc- tional facility, hospital, or probationary residence. In the case of a domestic violence offender who escapes from a correctional facility, hospital, or probationary residence, appropriate authorities must be notified within twenty-four hours. Registration materials and corre- spondence regarding their right to relocate will be provided annually.

Section 165-c. It is the responsibility of the court to certify an offender as a domestic violence offender and thus required to register.

Section 165-d. Upon discharge of a domestic violence offender from a correctional facility or hospital, etc. the offender shall be informed 1.5 days prior to discharge of the requirement to register.

Section 165-e. At least ten calendar days prior to discharge, each domestic violence offender shall be required to register with the divi- sion. Any changes in status or address must be reported within ten days after such change.

Section 165-f. The department of probation and correctional alternatives shall determine the duration or registration notification for domestic violence offenders who are on parole or probation. It is the duty of the parole or probation officer to inform the offender of such registration requirements and assist them with registering.

Section 165-g. Registration shall be annually for a period of twenty years.

Section 165-h. The offender shall provide a statement in writing to be maintained in the individual's file.

Section 165-i. Further outlines change of address notifications and requirements.

Section 165-j. Establishes change of address requirements from another state. The division will provide information regarding change of address notification requirements in the form of letters and notice forms.

Section 165-k. Establishes a special telephone number for members of the public to call free of charge to inquire whether an individual is required to register or is already registered. The caller is required to provide his or her identity to the operator which will be maintained in a written record. This section also outlines other notices and state- ments to be provided to the caller. Non-profit and not-for-profit youth organizations may use the special telephone number to inquire if named individuals are listed on the registry. The division shall submit to the legislature an annual report on the operation of the special tele- phone number.

Section 165-l. Officials and employees are immune from liability for providing appropriate and authorized information.

Section 165-m. On or before February 1st of each year the division shall provide a report to the governor and legislature.

Section 165-n. Domestic violence offenders who fail to register will be charged with a class E felony upon conviction for the first offense and a second offense shall be a class D felony.

Section 165-o. The unauthorized release of any information required by this article shall be a class B misdemeanor.

Justification

There is an epidemic few are trying to cure, the killing of women and girls. Four women a day are murdered, every 6 seconds a woman is battered by her intimate partner, everyday women are raped and fear reporting it while every 6 minutes many do to no avail and yet a simple early detection registry remains unfunded. Abusers roam the streets after repeatedly getting a slap on the wrist and women don't even know who the enemy the courts have turned loose is. The double standard that protects the perpetrators rights but leaves women and children vulner- able to convicted previous offender is an American national disgrace. Nearly every woman murdered by an intimate was previously battered and due to weak laws the abuser was free to escalate his attacks to the point of murder. Many women would not enter into these relationship had they known the true nature of the man they were about to get involved with. A registry might also convince the courts to convict repeat offen- ders. Abusers may think twice before getting themselves on this. This registry would be structured similarly to the state's sex offender registry, the domestic violence registry would list the offender's address, workplace, any property they own, as well as the criminal conviction.

Legislative history

5/3/11 Referred to Crime Victims, Crime and Correction

Fiscal implications

None.

Effective date

This act shall take effect immediately.