CHAPTER 282

FORMERLY

HOUSE BILL NO. 295

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 41 OF TITLE 11 OF THE DELAWARE CODE BY REQUIRING THE REGISTRATION OF CONVICTED SEXUAL OFFENDERS

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. AMEND Chapter 41, Title 11, of Delaware Code by adding a new Subchapter III thereto read as follows:

"Subchapter III: Registration of Sexual Offenders § 4120 Registration of sex offenders

(a) Duty to register; time. Any person who is hereafter convicted in this state of any sexual offense under Chapter V, Subchapter II, Subpart D or Subchapter V of Title 11 of the Delaware Code or any person who is hereafter convicted of the attempt to commit any of the above-mentioned offenses; or any person who at any time hereafter is discharged or paroled from a penal institution where he or she was confined because of the commission or attempt to commit one of the above-mentioned offenses; or any person who is hereafter adjudged guilty but mentally ill under Section 401 or not guilty by reason of insanity under Section 401 of Title 11 of the Delaware Code for committing or attempting to commit any of the above enumerated offenses, or any person who is hereafter convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses, shall, within 30 days after the effective date of this section or within 30 days of coming into any county, city, or town in which he or she temporarily resides or is domiciled for that length of time register with the Superintendent of the Delaware State Police.

(b) Notice of duty to register; prisoner or inmate. Any person who is hereafter discharged or paroled from a jail, prison, school or other institution where he or she was confined because of the commission or attempt to commit one of the above-mentioned offenses or is released from a state hospital to which he or she was committed as a result of having been convicted or adjudged guilty but mentally ill under Section 401 or not guilty by reason of insanity under Section 401 of Title 11 of the Delaware Code for having committed or having attempted to commit any of the above-mentioned offenses shall, prior to discharge, parole, or release, be informed of his or her duty to register under this section by the official in charge of the place of confinement or hospital and the official shall require the person to read and sign such forms as may be required by the Department of Justice, stating that the duty of the person to register under this section has been explained to the person. The official in charge of the place of confinement or hospital shall obtain the address where the person expects to reside upon his or her discharge, parole, or release and shall report the address to the Department of Justice. The official in charge of the place of confinement or hospital shall give one copy of the form to the person, and shall send one copy to the Department of Justice and one copy to the Superintendent of the Delaware State Police. The official in charge of the place of confinement shall retain one copy. All such forms shall be transmitted within such times as to be received by the Superintendent of the Delaware State Police, and Department of Justice 30 days prior to the discharge, parole, or release of the person.

(c) Notice of duty to register; probationer or one paying fine. Any person who hereafter is convicted in this state of the commission or attempt to commit any of the above-mentioned offenses and who is released on probation or discharged upon payment of a fine shall, prior to release or discharge, be informed of the duty to register under this section by the court in which the person has been convicted and the court shall require the person to read and sign such form as may be required by the Department of Justice, stating that the duty of the person to register under this section has been explained to him or her. The court shall obtain the address where the person expects to reside upon release or discharge and

shall report within three days the address to the Department of Justice. The court shall give one copy of the form to the person, and shall send one copy to the Department of Justice, and shall forward one copy to the Superintendent of the Delaware State Police.

(d) Persons discharged or paroled from Juvenile Corrections; destruction of records.

(1) Any person who hereafter is discharged or paroled from the Department of Services for Children, Youth and their Families, Division of Youth Rehabilitative Services, after having been adjudicated a juvenile delinquent because of the commission or attempted commission of the above-mentioned offenses shall be subject to registration under the procedures of this section

(2) Prior to discharge or parole from the Department of Services for Children, Youth and their Families, Division of Youth Rehabilitative Services, all persons subject to registration shall be informed of the duty to register under the procedures set forth in this section. Division officials shall transmit the required forms and
information to the Department of Justice.

(3) Such forms and information transmitted to the Department of Justice as above required shall be destroyed if, upon reaching the age of 25 years, the registrant has not been arrested for any like offense since his or her release, discharge or parole from the Department of Services for Children, Youth and their Families, Division of Youth Rehabilitative Services.

(e) Contents of registration. The registration shall consist of (1) a statement in writing signed by the person, giving such information as may be required by the Department of Justice, and (2) the fingerprints and photograph of the person.

(f) Changes of address. If any person required to register pursuant to this section changes his or her residence address, the person shall inform, in writing within 10 days, the Superintendent of the Delaware State Police of the new address. The Superintendent of the Delaware State Police shall, within three days after receipt of this information, forward it to the Department of Justice.

(g) Violation; offense; sentence.

(1) Any person required to register under this section who willfully violates any of its provisions is guilty of a misdemeanor and shall be sentenced to serve a term or imprisonment of not less than 90 days nor more than one year. In no event does the court have the power to absolve a person who violates this section from the obligation of spending at least 90 days in confinement and of completing probation for the balance of at least one year.

(2) Any person who has two prior convictions for the offense of failing to register under this section and who subsequently and willfully commits that offense is, upon each subsequent conviction, guilty of a Class G felony.

The existence of any fact which would bring a person under this paragraph shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.

(h) Violation; parole revocation. When any person is released on parole or probation within this state and is required to register under this section but willfully falls to do so within the time prescribed, the Board of Parole, or the court, as the case may be, shall order the parole or probation of the person revoked.

(I) Confidential records. The statements, photographs, and fingerprints herein required shall not be open to inspection by the public or by any person other than a regularly employed peace or other law enforcement officer; provided, however, nothing in this section shall preclude an employer or potential employer, upon showing satisfactory proof that he or she plans to employ a particular person in a sensitive area dealing with children, from inquiring at the office at the State Superintendent at the Delaware State Police and/or the Department of Justice for information as to whether such person's name appears on the registration list."

Approved June 27, 1994.