§ 5411d. Designation of noncompliant high-risk sex offender

(a) Prior to releasing a person from total confinement, the Department of Corrections shall designate the person as a noncompliant high-risk sex offender if the person meets all of the following criteria:

(1) is incarcerated on or after June 7, 2007 for lewd and lascivious conduct with a child as defined in section 2602 of this title, sexual assault as defined in section 3252 of this title, aggravated sexual assault as defined in section 3253 of this title, or any attempt to commit a crime listed herein, or a comparable offense in another jurisdiction of the United States;

(2) is not subject to indeterminate life sentences under section 3271 of this title;

(3) is designated as a high risk sex offender pursuant to section 5411b of this title; and

(4) is noncompliant with sex offender treatment as defined by Department of Corrections’ directives.

(b) Noncompliant high-risk sex offenders shall report to the Department as follows:

(1) In person, within 15 days from the date of release from Department of Corrections’ supervision, and within every 30 days thereafter.

(2) Prior to any change of address. However, if the change of address is unanticipated, the offender shall report within one day of the change of address.

(3) Prior to enrollment in or separation from any postsecondary educational institution. However, if the change in school status is unanticipated, the offender shall report within one day of the change.

(4) Within one day of any change in a place of employment.

(c) In addition to the Registry information required in section 5403 of this title, a noncompliant high-risk sex offender shall provide the Department with the make, model, color, registration, and license plate number of any vehicle the person operates prior to operation. An offender found in operation of a vehicle not on the list provided to the Department shall be considered to be in violation of this subsection.

(d) The Department shall arrange for the noncompliant high-risk sex offender to have his or her digital photograph updated annually for purposes of the electronic Registry as provided in section 5411a of this title. An offender who is requested by the Department to report to the Department or a local law enforcement agency for the purpose of being photographed for the Internet Registry shall comply with the request within 30 days.

(e) The Department shall conduct periodic unannounced Registry compliance checks on noncompliant high-risk sex offenders to verify the accuracy of Registry information. The Department may enter into an agreement with a local law enforcement agency to perform duties under this subsection and under subdivision (b)(1) of this section, but shall maintain responsibility for compliance with this subsection.

(f)(1) A noncompliant high-risk sex offender may petition the Criminal Division of the Superior Court to be relieved from the heightened Registry requirements in this section once every five years from the date of designation. The offender shall have the burden of proving by a preponderance of the evidence that he or she:

(A) no longer qualifies as a high-risk offender as defined in section 5401 of this title and rules adopted by the Department of Corrections in accordance with section 5411b of this title; and

(B) has complied with and completed sex offender treatment as provided by Department of Corrections’ directives.

(2) The Vermont Rules of Civil Procedure shall apply to these proceedings.

(3) If the court finds that the offender is not high risk and has successfully completed treatment, the court shall order that the offender is no longer considered a noncompliant high risk offender and is subsequently relieved from the heightened registry requirements of this section; however, the offender shall still continue to comply with Sex Offender Registry and other requirements as provided elsewhere in this subchapter.

(g)(1) A noncompliant high-risk sex offender who knowingly fails to comply with any of the Registry requirements under this section shall be imprisoned for not less than five years and a maximum term of life and, in addition, may be fined not more than $50,000.00. A sentence may be suspended in whole or in part, or the person may be eligible for parole or release on conditional reentry or furlough, provided the person is subject to intensive supervision by the Department of Corrections.

(2) In a criminal proceeding for violating any of the Registry requirements under this section, a defendant shall be prohibited from challenging his or her status as a noncompliant high-risk sex offender.

(h) A noncompliant high-risk sex offender convicted of violating this section shall be sentenced under section 3271 of this title. (Added 2007, No. 77, § 10, eff. June 7, 2007; amended 2009, No. 154, § 238.)