History

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TOPICS

• History
• Chapter 62
• Forms
• Q A

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History
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Which state do you think first started to
register sex offenders?

• California
• 1947

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TEXAS BEGAN IN
1991
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Why

• DO
• WE REGISTER
• SEX OFFENDERS?

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Why Register Sex Offenders?
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Why Register Sex Offenders?

• Because Federal laws encourage us and State laws
  requires us to

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Why Register Sex Offenders?

• Jacob Wetterling
• Pam Lychner
• Megan Kanka

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BAD! THINGS! HAPPEN!!

• Old saying,.
• Sometimes, it takes something BAD for something
  GOOD to happen!!

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History of real people!!

• Lets talk about their experiences and why they
  are significant to our topic today.

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Why Register Sex Offenders?

• Jacob Wetterling
• 1989
• Minnesota
• friends, bikes, 10 11,
• woods, run, dont look back!
• Jacob has never been
• found!

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Why Register Sex Offenders?

• Pam Lychner
• Houston real estate agent.
• Showing a property.
• Awaiting, x2 conv felon.
• Assaulted brutally beaten.
• Formed Justice for ALL
• Laws changed, track S O.

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Why Register Sex Offenders?

• Megan Kanka -7 yoa
• New Jersey
• Neighbors, puppy, invite.
• X2 conv pedophile.
• Raped, then murdered.
• Body was dumped in
• nearby park.
• Websites, publications and
• community notifications.

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Jessicas Law
Jessica Marie Lunsford The Jessica Lunsford Act
signed into law in the State of Florida on May 2,
2005. This bill was written so that it would
require the increased prison sentences,
electronic tracking of all convicted sex
offenders on probation and the mandatory use of
state databases by all local probation officials
so that known sex offenders could not avoid the
scrutiny of law enforcement. Texas law permitted
the death penalty, or life in prison without
parole, for the second conviction of aggravated
sexual assault of a child younger than 14 yoa.
The life-in-prison punishment will remain
available to prosecutors.
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Why Register Sex Offenders?

• Because Federal laws encourage us and State
  requires us to
• Additional investigative tool
• Increase public protection and awareness

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• As of 10-2008
• Number of Sex Offenders in Texas
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  54,402
• Number of Male Sex Offenders
• 
  53,311
• Number of Female Sex Offenders
• 1,091
• Number of Adjudicated Juvenile Offenders
• 3,932
• As of 01-2009 total 55,571

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Chapter 62 Code of Criminal Procedure

Sex Offender Registration Program
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CSCD/JPO/ COURTS
TDCJ/TYC
POLICE DEPT SHERIFFS OFFICE
Department of Public Safety
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OUT OF STATE, OUT OF COUNTRY, FEDERAL, MILITARY
TRIBAL REGISTRATION REQUIRMENTSWHO IS REQUIRED
TO REGISTER?

• Any person with a Conviction or Adjudication of
  Delinquent Conduct on or after 9/1/70, and has
  an offense with substantially similar elements to
  any registrable Texas offense.
• NO DEFERRED ADJUDICATIONS.

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OUT OF STATE, OUT OF COUNTRY, FEDERAL, MILITARY
TRIBAL REGISTRATION REQUIRMENTS

• Offenders convicted or adjudicated of delinquent
  conduct under one of these jurisdictions will
  register if the offense contains elements
  substantially similar to the elements of one of
  the Texas offenses that require registration.

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Determining Out of State, Foreign, Military,
Federal, or Tribal eligibility to register

• Get indictment, judgment, sentence and order of
  discharge (at a minimum, offense and citation)
• Fill out CR-32, CR-35 (except TX offense),
  fingerprint and photo
• Send them in as one packet to us

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OUT OF STATE, OUT OF COUNTRY, FEDERAL, MILITARY
TRIBAL REGISTRATION REQUIREMENTS

• DPS is responsible for determining whether an
  offense contains elements that are substantially
  similar to the elements of an offense under the
  laws of this state.

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Court Order/ Board Imposed

• Board/Court Order offender is a registrant that
  is registering as a condition of supervision, not
  for a sex offense.
• Their duty to register ends with their discharge
  from supervision.

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REGISTRATION

• An offender who resides in another state and is
  employed, goes to school, carries on a vocation
  in Texas, shall register within 7 days with local
  law enforcement where they go to school or are
  employed.

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REGISTRATION

• An offender who resides in this state and is
  employed, goes to school, carries on a vocation
  in another state, shall register in the other
  state within 10 days after employment or
  enrollment in the
• school begins.

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VERIFICATION

• Upon release from prison/jail or placement on
  probation, the offender has 7 days to verify with
  local law enforcement where intentions are to
  reside. (agency may request a later date)
• Produce proof of identity and residence
• Law enforcement must verify the information and
  make any corrections

VERIFICATION FORM
CR-35/OS/IS
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VERIFICATION REQUIREMENTS

• 30 day civilly committed as a sexually violent
  predator (3 day window)
• 90 day two or more times been convicted or
  received deferred adjudication for a sexually
  violent offense (7 day window)
• Annual All other sex offenders and juveniles,
  board/court ordered on their birthday.
  (30 day window)

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Update (s)

• From this point on, a registered Sex Offender
  must report any changes that occur in their
  life!
• The law states this must occur within 7 calendar
  days!
• The law states that this must be in person!

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RISK LEVEL

• Civil Commitment- sexual predators, 24 hour
  monitoring, committed for outpatient treatment
  (currently 83/36 released)
• High (level 3)- poses a serious danger, will
  continue to engage in criminal sexual conduct
• Moderate (level 2)- poses a moderate danger,
  might engage in criminal sexual conduct
• Low (level 1)- poses a low danger, will not
  likely engage in criminal sexual conduct

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DL/ID REQUIREMENTS

• Any registered offender convicted or adjudicated
  for their reportable sex offense or any
  registered offender who was under any type of
  supervision as of 09/01/00 for their reportable
  sex offense, will be required to maintain an
  annual renewable CSO (Classified Sex Offender) DL
  or ID.
• Includes out of State, out of Country, Federal,
  Military and Tribal offenders.
• Board/Court ordered registrations exempt.

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SCHOOL NOTIFICATION
Schools are notified, when certain criteria is
met.
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RESIDENTIAL NOTIFICATION

• For Civilly committed and High risk levels only
• Upon notice of verification, address change, or
  release on an offender, DPS will send postcards
  to the community (businesses) in which the
  offender resides in.
• Subdivided 3 block area
• Non-subdivided 1 mile radius
• Board Imposed/Court Ordered offenders are exempt
  from post card notification.
• 1/1/2000 (Date risk levels were first assigned)

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Sex Offender
Supervising Authority
Agency
Campus Admin
DPS
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QUESTIONS???
?
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