Vermont Product Details

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(This information was taken directly from the Vermont Criminal Information Center.)

In 1996, with the passage of 13 VSA, Chapter 167, Subchapter 3, the Vermont Sex Offender Registry was established at the Vermont Criminal Information Center (VCIC).

Local law enforcement agencies and the Vermont Crime Information Center are authorized to release relevant registry information to the public when the requestor can articulate a specific concern about their safety or the safety of another. State statute requires that the requestor provide the name of a subject as the basis for the query. Queries made to law enforcement agencies or VCIC may not be done by street address or town.

Information in the Registry may also be disclosed to the following agencies, organizations, or persons:

• Local, state and federal law enforcement agencies exclusively for law enforcement purposes;
• State and federal governmental agencies for the exclusive purpose of conducting confidential background checks;
• Any employer, including a school district, who is authorized by law to request records and information from the Vermont Criminal Information Center where such disclosure is necessary to protect the public concerning persons required to register under this subchapter;
• A person identified as a sex offender in the registry for the purpose of reviewing the accuracy of any record relating to him or her.

The Registry is prohibited from releasing lists of offenders in response to general questions regarding the whereabouts of sex offenders in a particular community. The identity of a victim shall not be released.

COMMUNITY NOTIFICATION

Members of the public may contact their local law enforcement agency or VCIC at 802–241–5400 if they have concerns about persons who may be registered with the Vermont Sex Offender Registry.

NORMAL NOTIFICATION

Under “Normal Notification” standards, the following information regarding an offender can be released to a member of the public if the caller can articulate a public safety concern regarding themselves or another person:

• Name
• Date of birth
• General physical description
• Date & nature of offense
• Whether or not the offender has complied with treatment requirements
• Whether or not there is an outstanding warrant for the offender for violation of Registry requirements.

HEIGHTENED NOTIFICATION

The Sex Offender Registry law specifies that for certain registrants designated as having a “Heightened Notification Level” it is NOT necessary for the caller to have a public safety concern for requesting information. In these cases additional information about a registrant will also be released.

Registrants who have a “Heightened Notification Level” include individuals who meet any of the following conditions:

• Convicted of aggravated sexual assault, kidnapping & sexual assault of a child, or sexual activity with a vulnerable adult.
• Sexual recidivist
• Wanted for violation of Registry requirements
• Sexual predator
• Designated as “high risk” by the Department of Corrections
• Non–compliant with sex offender treatment

Upon any request from an individual concerning an offender in a “Heightened Notification Level” category, the following information shall be released:

• Name
• The offender’s known aliases
• Date of birth
• General description
• Town of residence
• Date & nature of offense
• Name & phone number of the Department of Correction office that is supervising the offender
• Whether or not the offender has complied with treatment requirements
• Whether or not there is an outstanding warrant for the offender for violation of Registry requirements.
• The reason for the offender’s Heightened Notification Category

REQUESTOR LOG

State law requires that all requests from the public for Sex Offender Registration information must be logged. You will be asked for identification information and this information will be stored in a confidential database at the Vermont Crime Information Center (VCIC). In order to verify your identity, you will be asked for information from your driver’s license or non–driver’s identification number which will be verified with the Department of Motor Vehicles. You should have your driver’s license or non–drivers ID available when you request Sex Offender Registration from a law enforcement agency or VCIC.

The information which will be logged includes:

• Requestor’s name
• Date of birth
• Address
• Driver’s license number or non–drivers identification number
• Telephone number
• Name of the offender on which information is requested
• Reason for the request
• Date of request

PROACTIVE NOTIFICATION BY LAW ENFORCEMENT

Community notification by local law enforcement agencies is not required by law. Law enforcement agencies, however, may notify members of the public who are likely to encounter a sex offender who poses a danger to their safety. This means, for example, that a law enforcement agency may notify neighbors or perhaps a neighborhood day–care center or local school if a pedophile were to move into the area. It might be appropriate to notify the management at an offender’s place of work if the offender had a history of violent sexual crimes against adults.

Law enforcement may also conduct broader community notification beyond persons who are likely to encounter a sex offender but only under circumstances which constitute a compelling risk to public safety and only after consultation with VCIC and the Department of Corrections.

REGISTRATION REQUIREMENTS

WHO MUST REGISTER?

The Sex Offender Registry Law applies to persons convicted of the following crimes if the person was:

• convicted in Vermont on or after July 1, 1996
• convicted in Vermont or another state PRIOR to July 1, 1996, confined under the custody of the Commissioner of Corrections, and released from confinement in Vermont on or after July 1, 1996
• convicted in Vermont or another state PRIOR to July 1, 1996, and was being supervised in the community in Vermont by the Commissioner of Corrections on July 1, 1996
• convicted or released from confinement in another state on or after July 1, 1986 and who established residence in this state on or after July 1, 1996. An individual is considered to have established a residence in Vermont if they remain in the state for more than 10 consecutive days

A non–resident sex offender who moves to Vermont for full or part time employment or to attend school or college on a full or part–time basis must also register.

The crimes for which offenders must register include:

• Sexual assault
• Aggravated sexual assault
• Lewd and lascivious conduct
• Sexual activity by a caregiver

In addition, the Sex Offender Registry Law applies to persons convicted of any of the following offenses against a victim who is a minor:

• Any offense listed above
• Kidnapping
• Lewd and lascivious conduct with a child
• White slave traffic
• Sexual exploitation of children
• Procurement or solicitation for prostitution
• Second or subsequent conviction for voyeurism

Conduct which 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.

WHAT ARE THE REGISTRATION REQUIREMENTS?

Those individuals who are required to register with the Vermont Sexual Offender Registry must comply with the following requirements:

• Registrants must notify their probation officer of any change of address, employment, or enrollment in any post secondary educational institution within 24 hours of the change for as long as they are being supervised in the community by the Vermont Department of Corrections.
• After they are discharged from supervision by the Department of Corrections, registrants must notify VCIC of any change of address, employment, or enrollment in any post secondary educational institution within 3 days.
• If a registrant intends to move to another state, they must notify VCIC about their change of address. The registrant must register with the Sex Offender Registry in the new state within three days of moving there.
• Within 10 days of their birthday registrants receive an annual letter from VCIC verifying their current address. They must complete the form and return it to VCIC within 10 days.
• Registrants must continue to comply with the above requirements for 10 years from the date they are discharged from the supervision of the Vermont Department of Corrections. If they have been designated a Sexually Violent Predator by the court, they must continue to comply with the above requirements for life or such time as a court orders termination of the designation. If the registrant has been designated as a lifetime registrant they must continue to comply with the requirements for life. Community notification, however, shall continue until such time as a court orders the notification to terminate. VCIC will notify the registrant when they are no longer required to report.

LIFETIME REGISTRATION

In 2001, Vermont adopted a lifetime registration requirement for individuals who meet the following criteria:

• Individuals who have at least one prior conviction for an offense that would require them to register in Vermont or another jurisdiction of the United States and are convicted in Vermont of a second or subsequent offense after September 1, 2001.
• Individuals who have been convicted of Sexual Assault or Aggravated Sexual Assault after September 1, 2001.
• Individuals who have been determined by the court to be a Sexually Violent Predator.

PENALTIES FOR FAILING TO COMPLY WITH REGISTRATION REQUIREMENTS

Failure to comply with any of the requirements indicated above is grounds for a warrant to be issued for the registrant’s arrest. If a registrant is convicted of failing to comply with the law they could be imprisoned for not more than two years and/or fined not more than $1,000. A second or subsequent offense could result in a sentence to imprisonment of no more than three years and/or a fine of not more than $5,000.

INTERNET REGISTRY

WHO WILL BE ON THE SEX OFFENDER REGISTRY WEB SITE?

Beginning in October, 2004, registry information for persons meeting any of the following criteria will be available on the Vermont Sex Offender Registry Web Site:

• Convictions for aggravated sexual assault
• Convictions for kidnapping & sexual assault of a child
• A second or subsequent conviction for sexual offenses (recidivism)
• Individuals with an outstanding warrant for their arrest for a Registry violation.
• Individuals who have been designated as sexual predators

Effective March 1, 2005, registrants who meet either of the following criteria will also have their registry information posted on the web site:

• Individuals who have been designated high risk offenders by the Department of Corrections.
• Individuals who have not completed Sex Offender Treatment recommended by the Department of Corrections.

WHAT INFORMATION WILL BE POSTED ON THE WEB SITE?

The following registrant information will be posted to the web site:

• Name and any known aliases
• Date of birth
• General physical description
• Digital photograph
• Town of residence
• Date and nature of conviction
• Name and telephone number of the local Department of Corrections office in charge of supervising the registrant.
• Whether or not the registrant has completed treatment

Whether or not there is an outstanding warrant for the offender’s arrest

The reason for which the offender’s registry information is accessible on the web site.

HOW CAN THE WEB SITE BE SEARCHED?

The public can search the web site by using either the registrant’s name or entering a county. When searching by county, all of the registrants who reside in a county and whose information has been posted to the web site will be provided.

VICTIM INFORMATION

If requested by a victim, VCIC will notify the victim of the initial registration of a sex offender and any time the sex offender changes address, place of employment, or post–secondary educational institution. Victims can register with VCIC by contacting their victim advocate in their county State’s Attorney’s Office or the Center for Crime Victim Services (802–241–1250).

Victim information is strictly confidential and will not be released under any circumstances.

REGISTRATION FOR OUT–OF–STATE SEX OFFENDERS

Individuals who have not registered with the Vermont Sex Offender Registry but are required to do so by law may call 802–241–5400 or print the forms provided below and mail them to the address at the top of the form.

A complete list of features and side-by-side comparisons are available on the Sex Offender Registry Review HomePage.

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