We ask the public to contact us if discrepancies are found between the information presented here and the known location of a registered offender. The information on this website is updated every time there is a change to information on the official sex offender information system.
Changes of address, for instance, are reflected on the website as soon as those changes are entered on the sex offender database.
The website is simply one of the ways that North Dakota has chosen to implement Megan's Law, which is a federal mandate that all states notify the public of offenders who constitute a risk to the public. Because this is a sex offender registry, Offenders Against Children are not included. All sex offenders appear on the sex offender website, but not all sex offenders are shown with photographs and full details.
Offenders with a lifetime requirement for registration, those who have been deemed a high risk, and delinquent offenders are shown with full details and photographs. Public notification on other offenders may have the unintended consequence of making them more risky.
Information about all offenders is uploaded to the federal website. For more information on Community notification, see Question No. Sex offenders are assessed a low, moderate, or high risk level by a committee appointed by the Attorney General. The risk level is based on an actuarial risk assessment tool, psychological evaluations, and all available documentation from the offender's past. To make use of the most accurate and current information, risk levels are not assigned until a few months prior to an offender's release from prison.
For offenders that come to North Dakota from another state or the federal prison system it may take several weeks to gather the necessary records, assign the risk level, and provide the offender a due process hearing. Statistically the most likely to commit another sexual offense, high risk offenders have typically committed more than one offense or have engaged in behaviors that contribute to an elevated level of risk. This group typically constitutes about 25 percent of the total offender population.
A lifetime registrant is an offender who is required by law to register with the local law enforcement agency for the rest of his life. These include: high risk offenders, offenders who have more than one conviction for a sex offense, individuals who were convicted after August of certain sex offenses against young children, and any person who has been civilly committed as a "sexually dangerous individual" under North Dakota, federal, or any state's laws. Information on all offenders with a registration requirement including moderate and low risk offenders can be downloaded at: Printable List of All Offenders.
Most sex offenders have a requirement to register for 15 years low risk offenders and offenders against children or 25 years moderate risk offenders. That registration period begins either at the date of conviction for the sexual offense, or at the date the offender is released from incarceration, whichever is later.
Other offenders have a responsibility to register for life. If a high risk offender or lifetime registrant was sentenced to serve time in prison, it is likely they have already served the sentence imposed at the time they begin registering. The Constitution does not permit continued incarceration of those defendants just because they remain a high risk or have several convictions.
There is a process for civil commitment of sexually dangerous individuals, but only in extreme circumstances. Before leaving a correctional facility, the offender is required to complete registration papers that show the address where the offender has said he will be living.
A copy of this registration form is sent to the Office of Attorney General, which notifies the local law enforcement agency police department or sheriff's office to expect the offender. Within 3 days of arriving at a new location, the offender must take the registration papers to the law enforcement agency where he will be living.
At the law enforcement agency the offender is fingerprinted and photographed. A copy of the completed registration form is sent to the Office of Attorney General. At least 10 days prior to changing residences, employment, or school, the offender must go back to the local law enforcement agency to complete a change of address form.
If the offender moves outside the local jurisdiction, the offender must re-register with the law enforcement agency in the new jurisdiction within 3 days of arriving there. A homeless individual is required to register with the law enforcement agency in the area in which they are staying every three 3 days.
The term does not include individuals who are temporarily domiciled or individuals residing in public or private shelters that provide temporary living accommodations. There is a paper trail that the Bureau of Criminal Investigation tracks to make sure that offenders register as required.
When an offender fails to register, law enforcement agencies are notified to search for the individual. When arrested on the warrant for failure to register, the county State's Attorney prosecutes the offender for that crime.
A first offense is a class C felony. An out of state offender who is temporarily working or visiting in North Dakota must register if the offender will be staying overnight in North Dakota for 10 or more consecutive days, or if the offender will be staying overnight in North Dakota for thirty days or more in a calendar year even if those days are not consecutive. Unless a specific effective date is otherwise provided, all provisions of the Sex Offender and Crimes Against Minors Registry Act shall apply retroactively.
This subsection is declaratory of existing law. Any offense for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted. An offense listed under this subdivision shall be deemed a Tier III offense only if the person has been convicted or adjudicated delinquent of any two or more such offenses, provided that person had been at liberty between such convictions or adjudications;. An offense listed under this subdivision shall be deemed a Tier III offense only if the person has been convicted or adjudicated delinquent of any two or more such offenses, provided that the person had been at liberty between such convictions or adjudications; or.
Chapter 18 U. Any offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof that is similar to i any Tier I, II, or III offense or ii murder as defined in this section shall require registration and reregistration in accordance with this chapter in a manner consistent with the registration and reregistration obligations imposed by the similar offense listed or defined in this section, unless such offense requires more stringent registration and reregistration obligations under the laws of the jurisdiction where the offender was convicted.
In instances where more stringent registration and reregistration obligations are required under the laws of the jurisdiction where the offender was convicted, the offender shall register and reregister as required by this chapter in a manner most similar with the registration obligations imposed under the laws of the jurisdiction where the offender was convicted. Any offense for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted shall require registration and reregistration in accordance with this chapter in the manner most similar with the registration and reregistration obligations imposed under the laws of the jurisdiction where the offender was convicted unless such offense is similar to i any Tier I, II, or III offense or ii murder as defined in this section and the registration and reregistration obligations imposed by the similar offense listed or defined in this section are more stringent than those registration and reregistration obligations imposed under the laws of the jurisdiction where the offender was convicted.
In instances where the similar offense listed or defined in this section imposes more stringent registration and reregistration obligations, the offender shall register and reregister as required by this chapter in a manner consistent with the registration and reregistration obligations imposed by the similar offense listed or defined in this section.
Juveniles adjudicated delinquent shall not be required to register; however, where the offender is a juvenile over the age of 13 at the time of the offense who is tried as a juvenile and is adjudicated delinquent on or after July 1, , of any offense for which registration is required, the court may, in its discretion and upon motion of the attorney for the Commonwealth, find that the circumstances of the offense require offender registration.
In making its determination, the court shall consider all of the following factors that are relevant to the case: i the degree to which the delinquent act was committed with the use of force, threat, or intimidation, ii the age and maturity of the complaining witness, iii the age and maturity of the offender, iv the difference in the ages of the complaining witness and the offender, v the nature of the relationship between the complaining witness and the offender, vi the offender's prior criminal history, and vii any other aggravating or mitigating factors relevant to the case.
The attorney for the Commonwealth may file such a motion at any time during which the offender is within the jurisdiction of the court for the offense that is the basis for such motion.
Prior to any hearing on such motion, the court shall appoint a qualified and competent attorney-at-law to represent the offender unless an attorney has been retained and appears on behalf of the offender or counsel has already been appointed. If the court grants the defendant's motion to withdraw his plea of guilty or of nolo contendere, his case shall be heard by another judge, unless the parties agree otherwise.
Failure to make such determination or so advise the defendant does not otherwise invalidate the underlying conviction. The court shall order the person to provide to the local law-enforcement agency of the county or city where he physically resides all information required by the State Police for inclusion in the Registry.
The court shall immediately remand the person to the custody of the local law-enforcement agency for the purpose of obtaining the person's fingerprints and photographs of a type and kind specified by the State Police for inclusion in the Registry. Upon conviction, the local law-enforcement agency shall forthwith forward to the State Police all the necessary registration information.
Every person required to register shall register in person within three days of his release from confinement in a state, local or juvenile correctional facility, in a state civil commitment program for sexually violent predators or, if a sentence of confinement is not imposed, within three days of suspension of the sentence or in the case of a juvenile of disposition.
A person required to register shall register, and as part of the registration shall submit to be photographed, submit to have a sample of his blood, saliva, or tissue taken for DNA deoxyribonucleic acid analysis and submission to the DNA databank to determine identification characteristics specific to the person, provide electronic mail address information, any instant message, chat or other Internet communication name or identity information that the person uses or intends to use, submit to have his fingerprints and palm prints taken, provide information regarding his place of employment, and provide motor vehicle, watercraft and aircraft registration information for all motor vehicles, watercraft and aircraft owned by him.
The local law-enforcement agency shall obtain from the person who presents himself for registration or reregistration one set of fingerprints, electronic mail address information, any instant message, chat or other Internet communication name or identity information that the person uses or intends to use, one set of palm prints, place of employment information, motor vehicle, watercraft and aircraft registration information for all motor vehicles, watercraft and aircraft owned by the registrant, proof of residency and a photograph of a type and kind specified by the State Police for inclusion in the Registry and advise the person of his duties regarding reregistration and verification of his registration information.
The local law-enforcement agency shall obtain from the person who presents himself for registration a sample of his blood, saliva or tissue taken for DNA deoxyribonucleic acid analysis to determine identification characteristics specific to the person.
The local law-enforcement agency shall forthwith forward to the State Police all necessary registration information. To establish proof of residence in Virginia, a person who has a permanent physical address shall present one photo-identification form issued by a governmental agency of the Commonwealth which contains the person's complete name, gender, date of birth and complete physical address.
The local law-enforcement agency shall forthwith forward to the State Police a copy of the identification presented by the person required to register.
Any person required to register shall also reregister in person with the local law-enforcement agency following any change of name or any change of residence, whether within or without the Commonwealth. The person shall register in person with the local law-enforcement agency within three days following his change of name.
If his new residence is within the Commonwealth, the person shall register in person with the local law-enforcement agency where his new residence is located within three days following his change in residence. If the new residence is located outside of the Commonwealth, the person shall register in person with the local law-enforcement agency where he previously registered within 10 days prior to his change of residence. If a probation or parole officer becomes aware of a change of name or residence for any of his probationers or parolees required to register, the probation or parole officer shall notify the State Police forthwith of learning of the change.
Whenever a person subject to registration changes residence to another state, the State Police shall notify the designated law-enforcement agency of that state. Any person required to register shall reregister in person with the local law-enforcement agency where his residence is located within three days following any change of the place of employment, whether within or without the Commonwealth.
If a probation or parole officer becomes aware of a change of the place of employment for any of his probationers or parolees required to register, the probation or parole officer shall notify the State Police forthwith upon learning of the change of the person's place of employment.
Whenever a person subject to registration changes his place of employment to another state, the State Police shall notify the designated law-enforcement agency of that state.
Any person required to register shall reregister in person with the local law-enforcement agency where his residence is located within three days following any change of owned motor vehicle, watercraft and aircraft registration information, whether within or without the Commonwealth.
If a probation or parole officer becomes aware of a change of owned motor vehicle, watercraft and aircraft registration information for any of his probationers or parolees required to register, the probation or parole officer shall notify the State Police forthwith upon learning of the change of the person's owned motor vehicle, watercraft and aircraft registration information.
Whenever a person required to register changes his owned motor vehicle, watercraft and aircraft registration information to another state, the State Police shall notify the designated law-enforcement agency of that state. Any person required to register shall reregister either in person or electronically with the local law-enforcement agency where his residence is located within 30 minutes following any change of the electronic mail address information, any instant message, chat or other Internet communication name or identity information that the person uses or intends to use, whether within or without the Commonwealth.
If a probation or parole officer becomes aware of a change of the electronic mail address information, any instant message, chat or other Internet communication name or identity information for any of his probationers or parolees required to register, the probation or parole officer shall notify the State Police forthwith upon learning of the change.
The local law-enforcement agency shall forthwith forward the photograph of a type and kind specified by the State Police to the State Police. Where practical, the local law-enforcement agency may electronically transfer a digital photograph containing the required information to the Registry.
The registration shall be maintained in the Registry and shall include the person's name, any former name if he has lawfully changed his name during the period for which he is required to register, all aliases that he has used or under which he may have been known, the date and locality of the conviction for which registration is required, his fingerprints and a photograph of a type and kind specified by the State Police, his date of birth, social security number, current physical and mailing address and a description of the offense or offenses for which he was convicted.
The local law-enforcement agency shall forthwith forward to the State Police all necessary registration or reregistration information received by it. Upon receipt of registration or reregistration information the State Police shall forthwith notify the chief law-enforcement officer of the locality listed as the person's address on the registration and reregistration. Sex Offender Information An individual who has pled guilty to or been convicted of certain criminal offenses in this state or an equivalent offense in any state, federal, tribal or international court , may be required to register as a sex offender.
There are no state laws restricting where a sex offender may work. A high risk offender may not reside within feet of a public or nonpublic preschool, elementary, middle or high school. If you are concerned about a particular offender, contact your local law enforcement agency. There are laws restricting when and whether an offender may be on or in school property. Offender Risk Levels All sex offenders are assigned a risk level for re-offending.
Find information about requesting a risk level review. Community Notification The local police and sheriff's departments do community notifications when a registered offender moves into a neighborhood. Ask your local law enforcement agency what the specific policies and procedures are for public notification in your community.
0コメント