§846E-4  Duties upon discharge,
parole, or release of covered offender.  (a)  Each person, or that person's
designee, in charge of a jail, prison, hospital, school, or other institution
to which a covered offender has been committed pursuant to a conviction, or an
acquittal or finding of unfitness to proceed pursuant to chapter 704, for a
covered offense, and each judge, or that judge's designee, who continues bail
for or releases a covered offender following a guilty verdict or a plea of
guilty or nolo contendere, who releases a covered offender on probation or who
discharges a covered offender upon payment of a fine, and each agency having
jurisdiction, shall, prior to the discharge, parole, or release of the covered
offender:



(1)  Explain to the covered offender the duty to
register and the consequences of failing to register under this chapter;



(2)  Obtain from the covered offender all of the
registration information required by this chapter;



(3)  Inform the covered offender that if at any time
the covered offender changes any of the covered offender's registration
information, the covered offender shall notify the attorney general of the new
registration information in writing within three working days;



(4)  Inform the covered offender that, if at any time
the covered offender changes residence to another state, the covered offender
shall register the new address with the attorney general and also with a
designated law enforcement agency in the new state, if the new state has a
registration requirement, within the period of time mandated by the new state's
sex offender registration laws;



(5)  Obtain and verify fingerprints and a photograph
of the covered offender, if these have not already been obtained or verified in
connection with the offense that triggers the registration;



(6)  Require the covered offender to sign a statement
indicating that the duty to register has been explained to the covered
offender; and



(7)  Give one copy of the signed statement and one
copy of the registration information to the covered offender.



(b)  No covered offender required to register
under this chapter shall be discharged, released from any confinement, or
placed on parole or probation unless the requirements of subsection (a) have
been satisfied and all registration information required under section 846E-2
has been obtained.



(c)  Notwithstanding any law to the contrary, a
copy of the signed statement and one copy of the registration information shall
be transmitted to the attorney general within three working days.



(d)  Following receipt of the information from
the agency having jurisdiction over the covered offender, the attorney general
immediately shall enter the information into a statewide record system, unless
the information has been previously entered into a statewide record system, and
notify the county police department or appropriate law enforcement agency
having jurisdiction where the covered offender expects to reside.  The attorney
general immediately shall transmit the conviction data and verified fingerprints
to the Federal Bureau of Investigation, unless the items have been previously
transmitted to the Federal Bureau of Investigation.



(e)  The chief of police shall transmit any
covered offender registration information required by this chapter to the attorney
general, by entering the information into a statewide record system, if the
information has not previously been entered into the system, and also shall
provide the attorney general with a photograph and fingerprints of the covered
offender, taken at the time the covered offender registers with the chief of
police.  The covered offender shall report in person every five years until
June 30, 2009, and beginning on July 1, 2009, every year, within the thirty-day
period following the offender's date of birth, to the chief of police where the
covered offender's residence is located, or to such other department or agency
that may be designated by the attorney general in rules adopted pursuant to
chapter 91 for purposes of the administration of this subsection, and shall
review the existing information in the registry that is within the offender's
knowledge, correct any information that has changed or is inaccurate, provide
any new information that may be required, and allow the police and such other
department or agency designated by the attorney general to take a current
photograph of the offender. [L 1997, c 316, pt of §2; am L 1998, c 194, §§4 to
6; am L 2003, c 62, §§6, 7; am L 2005, c 45, §6; am L 2008, c 80, §7]



 



Case Notes



 



  As the registration requirements of chapter 846E do not
interfere with any of a sex offender's protected liberty interests, the
protections of procedural due process are not triggered.  97 H. 285, 36 P.3d
1255.