13-3825

13-3825. Community notification

A. Within seventy-two hours after a person who was convicted or adjudicated guilty
except insane is released from confinement or who was accepted under the interstate
compact for the supervision of parolees and probationers and has arrived in this state,
the agency that had custody or responsibility for supervision of the person who was
convicted of or adjudicated guilty except insane for committing an offense for which the
person was required or ordered by the court to register pursuant to section 13-3821 or
that has accepted supervision under the interstate compact for the supervision of
parolees and probationers shall provide all of the following information to the
department of public safety by entering all of the following information into the sex
offender profile and notification database:

1. The offender's identifying information.

2. A risk assessment of the offender.

3. The offender's date of release from confinement or, if the offender is sentenced
to probation without jail time, the date the sentence is imposed.

B. Following the tenth day after the person is released from confinement or, if the
offender is sentenced to probation without jail time, the date the sentence is imposed,
the department of public safety shall cross-reference the information the department
receives pursuant to subsection A of this section with the sex offender registry to
determine if the person is registered as required or ordered by the court pursuant to
section 13-3821. If the person is not registered, the local law enforcement agency or the
department of public safety shall request that the county attorney in the county in which
the person was convicted or adjudicated guilty except insane petition the court for an
arrest warrant to be issued and, if appropriate, notify the interstate compact
administrator for this state. If the person is registered, the department of public
safety shall forward the information the department received pursuant to subsection A of
this section to the sheriff in the county where the person is registered.

C. After receiving the information pursuant to subsection B of this section, the
sheriff shall forward the information to the chief law enforcement officer of the
community in which the person resides. After reviewing the information received and any
other information available to the local law enforcement agency, the local law
enforcement agency shall categorize each offender and place each offender into a
notification level. Within forty-five days, the local law enforcement agency shall notify
the community of the offender's presence in the community pursuant to the guidelines
established by the community notification guidelines committee. If the community does not
have a chief law enforcement officer, the sheriff shall perform the duties of the local
law enforcement agency.

D. If a person who has been convicted of or adjudicated guilty except insane or not
guilty by reason of insanity for an offense in another state registers pursuant to
section 13-3821, subsection A, the sheriff in the county in which the person registers
shall forward the information to the chief law enforcement officer of the community in
which the person resides. The chief law enforcement officer shall contact the state in
which the person was convicted or adjudicated guilty except insane or not guilty by
reason of insanity and shall obtain information regarding the person. After reviewing
the information received and any other information available, the local law enforcement
agency shall complete the risk assessment, shall categorize the person, shall place the
person into a notification level and shall enter the information into the computer
system. If the law enforcement agency is unable to obtain sufficient information to
complete the sex offender community notification risk assessment, the agency shall
categorize the offender as a level two offender. Within forty-five days, the local law
enforcement agency shall notify the community of the person's presence in the community
pursuant to the guidelines established by the community notification guidelines
committee. If the community does not have a chief law enforcement officer, the sheriff
shall perform the duties of the local law enforcement agency.

E. On receiving notice pursuant to section 13-3822 that a person who is required to
register has moved from the person's address, the chief law enforcement officer of the
community to which the person has relocated may notify that community of the person's
relocation to the community, pursuant to subsection C of this section. If the community
does not have a local law enforcement agency, the sheriff of the county to which the
person has relocated shall notify the community of the person's relocation.

F. In cooperation with the county probation department or the state department of
corrections, a law enforcement agency may delegate all or part of the notification
process for offenders on community supervision to the county probation department or to
the state department of corrections, as appropriate.

G. Information concerning a person who is required to register pursuant to section
13-3821, who is subject to the provisions of community notification and who is a student
at a public or private institution of postsecondary education or who is employed or
carries on a vocation, with or without compensation, at a public or private institution
of postsecondary education shall be promptly made available by the county sheriff to the
law enforcement agency having jurisdiction for performing community notification pursuant
to guidelines adopted under section 13-3826. The law enforcement agency shall notify the
institution's administration and shall complete appropriate campus notification pursuant
to guidelines adopted under section 13-3826.

H. This section does not prohibit law enforcement officers from giving a community
notice of any circumstances or persons that pose a danger to the community under
circumstances that are not provided for under this section.

I. Except as provided in subsection J of this section, this section applies to all
persons who are subject to the registration requirements in section 13-3821 whether or
not the person was convicted or adjudicated guilty except insane before or after June 1,
1996.

J. This section does not apply to persons who are subject to the registration
requirements in section 13-3821 as a result of offenses adjudicated by a juvenile court
unless ordered by the court.

K. Notwithstanding subsections B and C of this section, the agency that had custody
or responsibility for supervision of an offender or the court that sentenced the offender
who was convicted of or adjudicated guilty except insane for committing an offense that
subjects the offender to the registration requirements of section 13-3821 and who
committed the offense before June 1, 1996 may conduct a risk assessment for the offender
as existing resources are available pursuant to guidelines adopted by the community
notification guidelines committee pursuant to section 13-3826. Community notification
pursuant to this section and sex offender web site notification pursuant to section
13-3827 shall only be conducted after the risk assessment is complete.

L. The court may continue, defer or terminate community notification after a
hearing held pursuant to section 13-923.