[Contingent amendment to section 5411a; see also section 5411a set out above and proviso set out below.]

§ 5411a. Electronic posting of the Sex Offender Registry

(a) Notwithstanding 20 V.S.A. §§ 2056a–2056e, the Department shall electronically post information on the Internet in accordance with subsection (b) of this section regarding the following sex offenders, upon the offender’s release from confinement or, if the offender was not subject to confinement, upon the offender’s sentencing:

(1) Sex offenders who have been convicted of:

(A) aggravated sexual assault of a child (13 V.S.A. § 3253a);

(B) aggravated sexual assault (13 V.S.A. § 3253);

(C) sexual assault (13 V.S.A. § 3252);

(D) kidnapping with intent to commit sexual assault (13 V.S.A. § 2405(a)(1)(D));

(E) lewd or lascivious conduct with child (13 V.S.A. § 2602);

(F) a second or subsequent conviction for voyeurism (13 V.S.A. § 2605(b) or (c));

(G) slave traffic if a registrable offense under subdivision 5401(10)(B)(iv) of this title (13 V.S.A. § 2635);

(H) sex trafficking of children or sex trafficking by force, fraud, or coercion (13 V.S.A. § 2635a);

(I) sexual exploitation of a minor (13 V.S.A. § 3258(c));

(J) any offense regarding the sexual exploitation of children (chapter 64 of this title);

(K) sexual abuse of a vulnerable adult (13 V.S.A. § 1379);

(L) human trafficking as defined in subdivisions 2652(a)(1)-(4) of this title;

(M) aggravated human trafficking as defined in subdivision 2653(a)(4) of this title;

(N) a federal conviction in federal court for any of the following offenses:

(i) sex trafficking of children as defined in 18 U.S.C. § 1591;

(ii) aggravated sexual abuse as defined in 18 U.S.C. § 2241;

(iii) sexual abuse as defined in 18 U.S.C. § 2242;

(iv) sexual abuse of a minor or ward as defined in 18 U.S.C. § 2243;

(v) abusive sexual contact as defined in 18 U.S.C. § 2244;

(vi) offenses resulting in death as defined in 18 U.S.C. § 2245;

(vii) sexual exploitation of children as defined in 18 U.S.C. § 2251;

(viii) selling or buying of children as defined in 18 U.S.C. § 2251A;

(ix) material involving the sexual exploitation of minors as defined in 18 U.S.C. § 2252;

(x) material containing child pornography as defined in 18 U.S.C. § 2252A;

(xi) production of sexually explicit depictions of a minor for import into the United States as defined in 18 U.S.C. § 2260;

(xii) transportation of a minor for illegal sexual activity as defined in 18 U.S.C. § 2421;

(xiii) coercion and enticement of a minor for illegal sexual activity as defined in 18 U.S.C. § 2422;

(xiv) transportation of minors for illegal sexual activity, travel with the intent to engage in illicit sexual conduct with a minor, and engaging in illicit sexual conduct in foreign places as defined in 18 U.S.C. § 2423;

(xv) transmitting information about a minor to further criminal sexual conduct as defined in 18 U.S.C. § 2425;

(xvi) trafficking in persons as defined in 18 U.S.C. sections 2251-2252(a), 2260, or 2421-2423 if the violation included sexual abuse, aggravated sexual abuse, or the attempt to commit aggravated sexual abuse;

(O) an attempt to commit any offense listed in this subdivision (a)(1).

(2) Sex offenders who have at least one prior conviction for an offense described in subdivision 5401(10) of this subchapter.

(3) Sex offenders who have failed to comply with sex offender registration requirements and for whose arrest there is an outstanding warrant for such noncompliance. Information on offenders shall remain on the Internet only while the warrant is outstanding.

(4) Sex offenders who have been designated as sexual predators pursuant to section 5405 of this title.

(5)(A) Sex offenders who have not complied with sex offender treatment recommended by the Department of Corrections or who are ineligible for sex offender treatment. The Department of Corrections shall establish rules for the administration of this subdivision and shall specify what circumstances constitute noncompliance with treatment and criteria for ineligibility to participate in treatment. Offenders subject to this provision shall have the right to appeal the Department of Corrections’ determination in Superior Court in accordance with Rule 75 of the Vermont Rules of Civil Procedure. This subdivision shall apply prospectively and shall not apply to those sex offenders who did not comply with treatment or were ineligible for treatment prior to March 1, 2005.

(B) The Department of Corrections shall notify the Department if a sex offender who is compliant with sex offender treatment completes his or her sentence but has not completed sex offender treatment. As long as the offender complies with treatment, the offender shall not be considered noncompliant under this subdivision and shall not be placed on the Internet Registry in accordance with this subdivision alone. However, the offender shall submit to the Department proof of continuing treatment compliance every three months. Proof of compliance shall be a form provided by the Department that the offender’s treatment provider shall sign, attesting to the offender’s continuing compliance with recommended treatment. Failure to submit such proof as required under this subdivision (B) shall result in the offender’s placement on the Internet Registry in accordance with subdivision (A) of this subdivision (5).

(6) Sex offenders who have been designated by the Department of Corrections, pursuant to section 5411b of this title, as high-risk.

(7) A person 18 years of age or older who resides in this State, other than in a correctional facility, and who is currently or, prior to taking up residence within this State was required to register as a sex offender in any jurisdiction of the United States, including a state, territory, commonwealth, the District of Columbia, or military, federal, or tribal court; except that, for purposes of this subdivision:

(A) conduct that is criminal only because of the age of the victim shall not be considered an offense for purposes of the Registry if the perpetrator is under the age of 18 and the victim is at least 12 years old; and

(B) information shall be posted electronically only if the offense for which the person was required to register in the other jurisdiction was:

(i) a felony; or

(ii) a misdemeanor punishable by more than six months of imprisonment.

(b) The Department shall electronically post the following information on sex offenders designated in subsection (a) of this section:

(1) the offender’s name and any known aliases;

(2) the offender’s date of birth;

(3) a general physical description of the offender;

(4) a digital photograph of the offender;

(5) the offender’s town of residence;

(6) the offender’s address or, if the offender does not have a fixed address, other information about where the offender habitually lives, if:

(A) the Department determines that all the information to be electronically posted about the offender is correct; and

(B)(i) the offender has been designated as high-risk by the Department of Corrections pursuant to section 5411b of this title;

(ii) the offender has not complied with sex offender treatment;

(iii) there is an outstanding warrant for the offender’s arrest;

(iv) the offender is subject to the Registry for a conviction of a sex offense against a child under 13 years of age; or

(v) the offender’s name has been electronically posted for an offense committed in another jurisdiction which required the person’s address to be electronically posted in that jurisdiction;

(7) the date and nature of the offender’s conviction;

(8) if the offender is under the supervision of the Department of Corrections, the name and telephone number of the local Department of Corrections office in charge of monitoring the sex offender;

(9) whether the offender complied with treatment recommended by the Department of Corrections;

(10) a statement that there is an outstanding warrant for the offender’s arrest, if applicable; and

(11) the reason for which the offender information is accessible under this section.

(12) whether the offender has been designated high risk by the Department of Corrections pursuant to section 5411b of this title; and

(13) if the offender has not been subject to a risk assessment, a statement that the offender has not been so assessed and that such a person is presumed to be high risk, provided that the Department of Corrections shall permit a person subject to this subdivision to obtain a risk assessment at the person’s own expense.

(c) The Department shall have the authority to take necessary steps to obtain digital photographs of offenders whose information is required to be posted on the Internet and to update photographs as necessary. An offender shall annually report to the Department or a local law enforcement agency for the purpose of being photographed for the Internet.

(d) The identity of a victim of an offense that requires registration shall not be released.

(e) Information regarding a sex offender shall not be posted electronically if the conduct that is the basis for the offense is criminal only because of the age of the victim and the perpetrator is within 38 months of age of the victim.

(f) Information regarding a sex offender shall not be posted electronically prior to the offender reaching 18 years of age, but such information shall be otherwise available pursuant to section 5411 of this title.

(g) Information on sex offenders shall be posted on the Internet for the duration of time for which they are subject to notification requirements under section 5401 et seq. of this title.

(h) Posting of the information shall include the following language: “This information is made available for the purpose of complying with 13 V.S.A. § 5401 et seq., which requires the Department of Public Safety to establish and maintain a Registry of persons who are required to register as sex offenders and to post electronically information on sex offenders. The Registry is based on the Legislature’s decision to facilitate access to publicly available information about persons convicted of sexual offenses. EXCEPT FOR OFFENDERS SPECIFICALLY DESIGNATED ON THIS SITE AS HIGH-RISK, THE DEPARTMENT OF PUBLIC SAFETY HAS NOT CONSIDERED OR ASSESSED THE SPECIFIC RISK OF REOFFENSE WITH REGARD TO ANY INDIVIDUAL PRIOR TO HIS OR HER INCLUSION WITHIN THIS REGISTRY AND HAS MADE NO DETERMINATION THAT ANY INDIVIDUAL INCLUDED IN THE REGISTRY IS CURRENTLY DANGEROUS. THE MAIN PURPOSE OF PROVIDING THIS DATA ON THE INTERNET IS TO MAKE INFORMATION MORE EASILY AVAILABLE AND ACCESSIBLE, NOT TO WARN ABOUT ANY SPECIFIC INDIVIDUAL. IF YOU HAVE QUESTIONS OR CONCERNS ABOUT A PERSON WHO IS NOT LISTED ON THIS SITE OR YOU HAVE QUESTIONS ABOUT SEX OFFENDER INFORMATION LISTED ON THIS SITE, PLEASE CONTACT THE DEPARTMENT OF PUBLIC SAFETY OR YOUR LOCAL LAW ENFORCEMENT AGENCY. PLEASE BE AWARE THAT MANY NONOFFENDERS SHARE A NAME WITH A REGISTERED SEX OFFENDER. Any person who uses information in this Registry to injure, harass, or commit a criminal offense against any person included in the Registry or any other person is subject to criminal prosecution.”

(i) The Department shall post electronically general information about the Sex Offender Registry and how the public may access Registry information. Electronically posted information regarding sex offenders listed in subsection (a) of this section shall be organized and available to search by the sex offender’s name and the sex offender’s county, city, or town of residence.

(j) The Department shall adopt rules for the administration of this section and shall expedite the process for the adoption of such rules. The Department shall not implement this section prior to the adoption of such rules.

(k) If a sex offender’s information is required to be posted electronically pursuant to subdivision (a)(2) of this section, the Department shall list the offender’s convictions for any crime listed in subdivision 5401(10) of this title, regardless of the date of the conviction or whether the offender was required to register as a sex offender based upon that conviction.

(l) A sex offender’s street address shall not be posted electronically if the offender has a developmental disability, receives funding from the Department of Disabilities, Aging, and Independent Living (DAIL) for 24-hour supervision and treatment, and resides in a residence that is equipped with alarms. However, this information shall be otherwise available pursuant to this section. An agency designated pursuant to 18 V.S.A. § 8907 to provide mental health and developmental disability services (DA), or a specialized service agency (SSA) operating under an agreement entered into pursuant to 18 V.S.A. § 8912 that is providing supervision for the offender shall immediately notify the administrator of the Sex Offender Registry and local law enforcement if the individual’s level of supervision is decreased from 24 hours or if the offender leaves his or her residence without authorization, and thereafter this subsection shall cease to apply to that offender. If after notice and hearing, the Commissioner of DAIL finds that the DA or SSA has failed to notify the administrator of the Sex Offender Registry and local law enforcement of a decrease from 24-hour supervision or absence without authorization by the offender within 24 hours of the change in status, the Commissioner may impose an administrative penalty of not more than $1,000.00 for each day of the violation. A DA or SSA shall have the right to a de novo appeal of a decision under this subsection pursuant to Rule 75 of the Vermont Rules of Civil Procedure.

(m) Information regarding a sex offender whose sentence is deferred shall not be posted electronically unless the offender violates the terms of the deferred sentence agreement and is sentenced on the conviction. (Added 2003, No. 157 (Adj. Sess.), § 7, eff. Oct. 1, 2004; amended 2005, No. 83, § 13; 2005, No. 192 (Adj. Sess.), § 29, eff. May 26, 2006; 2007, No. 77, § 9, eff. June 7, 2007; 2009, No. 58, §§ 9, 14; 2009, No. 66 (Adj. Sess.), §§ 2, 3; 2009, No. 157 (Adj. Sess.), § 3; 2011, No. 31, § 2, eff. May 17, 2011; 2011, No. 55, § 10; 2013, No. 181 (Adj. Sess.), § 2, eff. June 10, 2014; 2015, No. 31, § 8; 2015, No. 133 (Adj. Sess.), § 4, eff. May 25, 2016; 2017, No. 15, § 2, eff. May 1, 2017.)