RHODE ISLAND STATE DEFINITIONS

<< Go to States
<< RI Laws

PART I DEFINITIONS
Section 1.0 Definitions
Wherever used in these Guidelines, the following terms shall be construed as follows:
1.1 The terms "Board", "Board of Review" and "Sex Offender Board of Review",
shall mean the "BOR" appointed by the governor pursuant to the RI General
Laws 11-37.1-1 et seq.
1.2 The term "Sex Offender Community Notification Unit" shall mean the SOCN
Unit whose duty and authority is set forth in RI General Law 11-37.1-1 et seq.
1.3 Law Enforcement Agency:
1.3.1 For the purpose of community notification, a law enforcement agency is defined
as the agency having primary jurisdiction over the location where the offender
expects to reside upon release, and/or where the offender is likely to be
encountered.
1.3.2 For all other purposes under this policy, the definition of law enforcement agency
includes all agencies which carry on a law enforcement or prosecutorial function
including, but not limited to, local, state and federal agencies; and parole,
probation and court services agencies.
1.4 The term "sexually violent offense" shall mean and include any violation of RI
Gen Laws S.11-37-2, S.11-37-4, S.11-37-6, S.11-37-8, S.11-37-8.1, S.11-37-8.3, S.11-
5-1 and S.11-23-1 or any offense in another jurisdiction which is substantially the
equivalent of any offense listed in this subsection and for which the person is or
would be required to register under 42 USC S.14071 or 18 USC Section 4042 (c).
1.5 The term "sexually violent predator" shall mean a person who has been convicted
of a sexually violent offense and who suffers from a mental abnormality or
personality disorder that makes the person likely to engage in predatory sexually
violent offenses.
1.6 The term "mental abnormality" shall mean a congenital or acquired condition of a
person that affects the emotional or volitional capacity of the person in a manner
that predisposes that person to the commission of criminal acts to a degree that
makes the person a menace to the health and safety of another person.
5
1.7 The term "personality disorder" shall mean any personality disorder, or
combination of personality disorders, as described and defined in the Diagnostic
and Statistical Manual of Mental Disorders, Fourth Edition ("DSM-IV").
1.8 The term "predator" shall mean a person whose act(s) is (are) or was (were)
directed at a stranger, or at a person with whom a relationship has been
established or promoted for the primary purpose of victimization. The definition
includes those offenders who have a pre-existing familial relationship with a
victim or victims.
1.9 The term "conviction" or "convicted" shall mean and include any instance
where:
1.9.1 A judgment of conviction has been entered against any person for an
offense specified in RI General Laws S.11-37.1-2, regardless of whether an
appeal is pending; or
1.9.2 There has been a finding of guilty for any offense specified in RI General
Laws S.11-37.1-2, regardless of whether an appeal is pending; or
1.9.3 There has been a plea of guilty or nolo contendere for any offense specified
in RI General Laws S.11-37.1-2, regardless of whether an appeal is pending;
or
1.9.4 There has been an admission of sufficient facts or a finding of delinquency
for any offense specified in RI General Laws S.11-37.1-2, regardless of
whether an appeal is pending.
Provided, however, in the event that a conviction, as defined in this paragraph, has been
overturned, reversed or otherwise vacated, the person who was the subject of such
conviction shall no longer be required to register as required by RI General Laws S.11-
37.1-1 et seq., and any records of such registration shall be destroyed. Provided further
that nothing herein shall be construed to eliminate a registration requirement of a person
who is again convicted of an offense for which registration is required by RI General
Laws S.11-37.1-1 et seq.
1.10 The term "likely to encounter" means the following:
1.10.1 Level II Community Notification – (1) the organizations that are in a
location or in close proximity to a location where an offender lives or is
employed, attends school or university, or which an offender visits or is
likely to visit on a regular basis, other than the location of the offender's
outpatient treatment program; and (2) the types of interaction which
ordinarily occur at that location and other circumstances indicate that
contact with an offender is reasonably certain.
6
1.10.2 Level III Community Notification – (1) the individuals and organizations
that are in a location or in close proximity to a location where an offender
lives or is employed, attends school or university, or which an offender
visits or is likely to visit on a regular basis, other than the location of the
offender's outpatient treatment program; and (2) the types of interaction
which ordinarily occur at that location and other circumstances indicate
that contact with an offender is reasonably certain.
1.11 Day Care Establishments: An establishment licensed by the State of Rhode Island
or its agents, to provide day care services for children.
1.12 Public and Private Educational Institutions: Early childhood facilities (nursery
school, pre-kindergarten and kindergarten), elementary, middle, secondary and
post-secondary educational institutions authorized or licensed by the State of
Rhode Island.
1.13 Risk Level Assessment: That level of danger to the community established by the
Sex Offender Board of Review. There are three risk levels:
1.13.1 Level I- Risk Level I is a sexual offender whose risk assessment
indicates a low risk of re-offense.
1.13.2 Level II- Risk Level II is a sexual offender whose risk assessment
indicates a moderate risk of re-offense.
1.13.3 Level III – Risk Level III is a sexual offender whose risk assessment
indicates a high risk of re-offense.
1.14 "Parent" means a parent of a student and includes a natural or adoptive parent, a
guardian, or an individual acting as a parent in the absence of a parent or a
guardian.
1.15 "Offenders in Custody" shall mean those juvenile and adult offenders who are
incarcerated or will be incarcerated at the Adult Correctional Institution, RI
Department of Corrections or at the state juvenile correctional facility, the RI
Training School for Youth, on or after the effective date of these Guidelines.
1.16 "Agency having custody" shall mean the RI Department of Corrections and the
Department of Children, Youth and Families.
1.17 "Agency having control and supervision" shall mean the Department of
Corrections, Office of Probation and Parole and the Department of Children,
Youth and Families, Office of Juvenile Probation and Parole.
7
1.18 "Non-Incarcerated Offenders" mean:
1.18.1 Those juvenile and adult offenders who have been convicted of a
sexually violent offense after juvenile adjudication or trial, but whose
sentence has not yet been imposed or whose appeal is pending;
1.18.2 Those juvenile and adult offenders who plead guilty or nolo contendere
to a sexually violent offense, but whose sentence has not yet been
imposed or whose appeal is pending;
1.18.3 Those juvenile and adult offenders who were convicted of a sexually
violent offense and who received a suspended sentence with probation;
1.18.4 Those juvenile and adult offenders who were convicted of a sexually
violent offense and who received straight probation or whose sentence
was deferred;
1.18.5 Those juvenile and adult offenders who were convicted of a sexually
violent offense and who were sentenced to a term in a juvenile
correctional facility or adult correctional facility but who have received
credit for time served;
1.18.6 Those adult offenders moving into Rhode Island from another jurisdiction,
who were convicted of a sexually violent offense and who are now under
the control and supervision of the Rhode Island Department of
Corrections, Office of Probation and Parole;
1.18.7 Those juvenile offenders moving into Rhode Island from another
jurisdiction, who were convicted of a sexually violent offense and who
are now under the control and supervision of the Rhode Island Department
of Children, Youth and Families, Office of Juvenile Probation and
Juvenile Parole; and
1.18.8 Those juvenile and adult offenders who have received a sentence of
incarceration upon conviction of a sexually violent offense, but who were
released from custody before the effective date of these Guidelines.
1.19 The term "sentencing court" as used in these Guidelines regarding juvenile sex
offenders, means the Family Court and any of its justices, including, but not
limited to, the trial judge presiding over the adjudication which resulted in the
juvenile's conviction of the sexually violent offense.
1.20 The term "sentencing court" as used in these Guidelines regarding adult sex
offenders, means the Superior Court and any of its justices, including, but not
limited to, the trial judge presiding over the trial which resulted in the adult
offender's conviction of the sexually violent offense.
8

Resource:
http://www.paroleboard.ri.gov/documents/SEXUAL%20OFFENDER%20COMMUNITY%20NOTIFICATION%20-%20FINAL%202012.pdf