13-3825. Community notification; definitions

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. The community notification requirements are as follows:

1. For level one offenders who have been convicted of a dangerous crime against children as defined in section 13-705 and for level two and level three offenders, the notification must be disseminated in a nonelectronic format to the surrounding neighborhood, area schools, appropriate community groups and prospective employers and, if the offender has legal custody of a child, the child's school. The notification must include the offender's photograph and exact address and a summary of the offender's status and criminal background. A press release and the notification containing all required offender information must be given to the local electronic and print media to enable information to be placed in a local publication. 

2. For level one offenders who have not been convicted of a dangerous crime against children as defined in section 13-705, the local law enforcement agency that is responsible for notification shall maintain information about the offender. The local law enforcement agency may disseminate this information to other law enforcement agencies and may give notification to the people with whom the offender resides.

D. 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 subsection C of this section.  If the community does not have a chief law enforcement officer, the sheriff shall perform the duties of the local law enforcement agency.

E. 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 subsection C of this section.  If the community does not have a chief law enforcement officer, the sheriff shall perform the duties of the local law enforcement agency.

F. 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 D 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.

G. 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.

H. If the law enforcement agency that is responsible for disseminating community notification establishes an electronic notification process, the law enforcement agency may use the electronic notification process to comply with the requirements of subsection C of this section only for a person who affirmatively chooses to receive community notification through an electronic notification process. This subsection does not prohibit a law enforcement agency from providing electronic notification in addition to disseminating the nonelectronic notification that is required by subsection C of this section.

I. 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 subsection C of this section. The law enforcement agency shall notify the institution's administration and shall complete appropriate campus notification pursuant to subsection C of this section.

J. 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.

K. Except as provided in subsection L 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.

L. 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.

M. Notwithstanding subsections B and D 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 subsection C of this section. Community notification pursuant to this section and sex offender website notification pursuant to section 13-3827, subsection A, paragraph 1 shall only be conducted after the risk assessment is complete.

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

O. For the purposes of this section:

1. "Legal custody" means the right to have physical possession of a child.

2. "School" means any public or nonpublic kindergarten program, common school or high school.