EFTA01122899.pdf

§ 40-39-204. Data repository; reporting and exemptions;..., TN ST § 4049-204 Keyeite Yellow Flag - Negative Treatment Proposed Legislation West's Tennessee Code Annotated Title 40. Criminal Procedure Chapter 39. Sexual Offender Registration and Monitoring Part 2. Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act of 2004 (Refs & Annos) T. C. A. § 40-39-204 § 40-39-204. Data repository; reporting and exemptions; re-incarceration; travel out of the country Currentness (a) The TBI shall maintain and make available a connection to the SOR for all criminal justice agencies with TIES intemet shall capabilities, by which registering agencies shall enter original, current and accurate data required by this part. The TBI for the entry of provide viewing and limited write access directly to the SOR through the TIES intemet to registering agencies assist in offender record verification data, changes ofresidence, employment or other pertinent data required by this part and to to exceed twelve (12) hours from registration, enter all identification. Registering agencies should immediately, but in no case for the enforcement of this data received from the offender as required by the TBI and § 40-39-203(i), into the TIES Internet part by TBI, designated law enforcement agencies, TDOC, private contractors with TDOC and the board. of each (b)(1) Violent sexual offenders shall report in person during the months of March, June, September, and December to update the offender's calendar year, to the designated law enforcement agency, on a date established by such agency, by the agency, and to verify the continued accuracy of the fingerprints, palm prints and photograph, as determined necessary living facilities and offenders information in the TBI registration form. Offenders who reside in nursing homes and assisted or physical committed to mental health institutions or continuously confined to home or health care facilities due to mental this part. At the time of disabilities arc exempt from the in-person reporting and fingerprinting, as otherwise provided by the violent sexual offender shall pay the violent offender's initial registration or initial reporting date for the calendar year, ($100) of which shall the specified administrative costs, not to exceed one hundred fifty dollars ($150), one hundred dollars to defray personnel and be retained by the designated law enforcement agency to be used for the purchase of equipment, on of this part. The remaining fifty dollars maintenance costs and any other expenses incurred as a result of the implementati costs, as well as ($50.00) shall be submitted by the registering agency to the TBI for maintenance, upkeep and employment homes and assisted any other expenses incurred as a result of the implementation of this part. Offenders who reside in nursing continuously confined to home or health care facilities living facilities and offenders committed to mental health institutions or provided by this part. due to mental or physical disabilities are exempt from paying the administrative cost as otherwise violent juvenile (2) At least once during the months of March, June, September, and December of each calendar year, all fingerprints, palm prints and sexual offenders shall report in person to the offender's registering agency to update the offender's transmitted to the photograph, as determined necessary by the agency, and to verify the continued accuracy of the information 40-39-203(b)( 1). TM by the registering agency as defined in § 40-39-202. Offenders in custody shall register as set out in § and no later than seven (c) Once a year, all sexual offenders shall report in person, no earlier than seven (7) calendar days before law enforcement agency to update the offender's fingerprints, (7) calendar days after the offender's date ofbirth, to the designated accuracy of the information in palm prints and photograph, as determined necessary by the agency, to verify the continued WestlawNext' @ 2012 Thomson Reuters. No claim to original U.S. Government Works. EFTA01122899 § 40-39-204. Data repository; reporting and exemptions• TN ST § 40-39-204 the TB! registration form and to pay the specified administrative costs,not to exceed one hundred fifty dollars (4150), one hundred dollars ($100) of which shall be retained by the designated law enforcement agency to be used for the purchase of equipment, to defray personnel and maintenance costs and any other expenses incurred as a result of the implementation of this part. The remaining fifty dollars ($50.00) shall be submitted by the registering agency to the TBI for maintenance, upkeep and employment costs, as well as any other expenses incurred as a result of the implementation of this part. Offenders whose initial registration occurs after the annual reporting period shall be required to pay the administrative costs at the time of the initial registration. Offenders who reside in nursing homes and assisted living facilities and offenders committed to mental health institutions or continuously confined to home or health care facilities due to mental or physical disabilities are exempt from the in-person reporting and fingerprinting and administrative cost as otherwise provided by this part. However, if an offender is released or discharged from a nursing home, assisted living facility or mental health institution or is no longer continuously confined to home or a health care facility due to mental or physical disabilities, the offender shall, within forty-eight (48) hours, register in person with the designated law enforcement agency, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(bX3). If the offender has previously registered prior to the release or discharge, all the offender shall, within forty-eight (48) hours, report in person to the designated law enforcement agency and update information pursuant to this section. the offender (d) Within three (3) days after the offender's verification, the designated law enforcement agency with whom TIM registration form containing information required by § verified shall send by United States postal service the original signed all original TBI registration forms 40-39-203(i) to TBI headquarters inNashville. The TBI shall be the state central repository for part. The designated law and any other forms required by § 40-39-207 that are deemed necessary for the enforcement of this records for that agency. enforcement agency shall retain a duplicate copy of the TBI registration form as a part of the business having violated the terms (e)If a person required to register under this part is reincarcerated for another offense or as the result of alternative sentencing, the offender shall immediately report the of probation, parole, conditional discharge or any other form of offender is incarcerated or detained and offender's status as a sexual offender or violent sexual offender to the facility where the being detained incarcerated. or notify the offender's appropriate registering agency, if different, that the offender is currently subsequent incarceration. Within Registration, verification and tracking requirements for such persons are tolled during the offender shall register with the appropriate forty-eight (48) hours of the release from any subsequent reincarecrations, the under this part is deported from this designated law enforcement agency. Likewise, if a person who is required to register during the period of deportation. country, the registration, verification and tracking requirements for such persons are tolled the offender shall register with the appropriate Within forty-eight (48) hours of the return to this state after deportation, designated law enforcement agency. to mental health institutions (f) Offenders who reside in nursing homes and assisted living facilities and offenders committed shall be exempted from the in- or continuously confined to home or health care facilities due to mental or physical disabilities responsibility of the offender, person reporting, fingerprinting and administrative cost requirements; however, it shall be the thereof, the administrator of the the offender's guardian, the person holding the offender's power of attorney or, in the absence United States postal service. Further, facility, to report any changes in the residential status to TBI headquarters in Nashville by health institution or is no longer if an offender is released or discharged from a nursing home, assisted living facility, mental shall, within forty- continuously confined to home or a health care facility due to mental or physical disabilities, the offender completing and signing a TBI registration eight (48) hours, register in person with the designated law enforcement agency, registered prior to the release form, under penalty of perjury, pursuant to § 39-16-702(bX3). If the offender has previously law enforcement agency and or discharge, the offender shall, within forty-eight (48) hours, report in person to the designated update all information pursuant to this section. part, shall be considered homeless, (g) Offenders who do not maintain either a primary or secondary residence, as defined in this are considered homeless shall be required to report and are subject to the reporting requirements of this part. The offenders who shall develop tracking procedures to their registering agency monthly. By the authority established in § 40-39-206(f), the TBI for the continued verification and tracking of these offenders in the interest of public safety. 2 WestlawNext © 2012 Thomson Reuters. No claim to original U.S. Government Works. EFTA01122900 § 40-39.204. Data repository; reporting and exemptions• TN ST 340-39-204 of the (h)Each offender shall report to the designated law enforcement agency at least twenty-one (21) days before traveling out for work or other legitimate purpose, with the written country; provided, that offenders who travel out of the country frequently shall approval of the designated law enforcement agency, and offenders who travel out of the country for emergency situations report to the designated law enforcement agency at least twenty-four (24) hours before traveling out of the country. Credits Pub.Acts, c. 2004 Pub.Acts, c. 921, § I; 2005 Pub.Acts, c. 316, § I; 2006 Pub.Acts, c. 890, §§ IS, 16, eff. July 1, 2006; 2008 Pub.Acts, c. 266, § I, elf. July 1164, §§ 4, 16, eft July 1, 2008; 2010 Pub.Acts, c. 1138, H 16 to 18, elf. July I, 2010; 2011 1, 2011; 2011 Pub.Acts, c. 483, § 13, eft July 1, 2011. Current through end of 2011 First Reg. Sess. i 2012 TImmarm Renters. Ne claim to miginal U.S. Government Woks. End of Document Government Works. 3 WestlawNexi O 2012 Thomson Reuters. No claim to original U.S. EFTA01122901