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Per
Missouri Revised Statute
Notification Only - Pending Registration Person has been notified of their duty to register and are pending registration at the Chief Law Enforcement Official where they plan to reside. Offenders have 10 days to register after release from incarceration or re-locating. -------------------------------------------------------------------------------- Offenses Requiring Registration (589.400 - 589.425) Any felony offenses in Chapter 566, RSMo, including attempt to commit statutory rape and attempt to commit statutory sodomy. Any offense in Chapter 566, RSMo when the victim is a minor. Offenses not under Chapter 566, RSMo that require registration are: Kidnapping,
pursuant to Section 565.110, RSMo - excluding kidnapping by parent/guardian.
(589.400.6)
-------------------------------------------------------------------------------- Who is required to Register (589.400) Any person who, since January 1, 1995, has been: Convicted
of
-------------------------------------------------------------------------------- When Must an Offender Register (589.400) Within 10 days of conviction, release from incarceration, or placed on probation the offender must register with the chief law enforcement officer (CLEO) Within 10 days of moving into state Within 10 days of changing address Every offender must register in the month of his or her birth and every 6 months thereafter; predatory or persistent sexual offenders must register every 90 days. An
offender must complete a yellow "Missouri Offender Registration" fingerprint
card with the CLEO of the county of where they expect to reside. (Reside
is defined by section 566.147 in RSMo as sleeps in a residence which may
include more than one location and may be mobile on transitory)
-------------------------------------------------------------------------------- What Information must the offender provide? Name
and Date of Birth
-------------------------------------------------------------------------------- Special Considerations Under Missouri law, any person who moves into Missouri from another state and is registered in that state or would be required to register under Missouri law if the offense had been committed in Missouri and it is a registerable offense they must register as a sex offender. Persons living out of state but who work or attend school or training on a full-time or part-time basis or has temporary residence must also register as a sex offender. Part-time
is considered 14 days in a 12-month period, required upon arrival and also
when the offender leaves, such as no longer working or visiting or living
temporarily in the state.
Certain offenders may not reside within 1000 feet of any public or private school up to the 12th grade or childcare facility, which is in existence at the time of the offender establishing his or her residency. If the offender has already established residence and a public or private school or childcare facility is built or placed within 1000 feet of the offender’s residence, the offender should notify the county sheriff within one week of the facility being opened. The offender has the responsibility of providing proof he/she had residence established prior to the new facility opening. Certain sexual offenders may not loiter within 500 feet of the real property of any school when a person younger than 18 is present without permission from the School Superintendent or School Board or Principal of a private school. -------------------------------------------------------------------------------- Penalties for failing to Register (589.425) For the first conviction of failing to register the offense is a class A misdemeanor or it is a class D felony if the offense requiring registration was an unclassified felony, a class A or B felony, or a felony involving a child under the age of 14. For a second conviction of failing to register the offense is a class D felony or a class C felony if the offense was an unclassified felony, a class A or B felony, or a felony involving a child under the age of 14. For a third conviction of failing to register the offender will serve a term of imprisonment not less than 10 and not more than 30 years. After release following third conviction electronic monitoring based upon a global positioning system or other technology will be used. If an offender was required to register semi-annually and is convicted of failing to register they automatically become a 90-day registrant, this change in registration will remain in effect for life. It will not be changed to back semi-annual. -------------------------------------------------------------------------------- Verifying Information Semi Annual registration takes place with all offenders in the month of their birth and 6 months thereafter and must provide updated photograph of him/herself during month of their birth. 90-day registrations take place when: Offenders
are predatory or persistent sexual offenders
When a registrant changes residence or address to a different county or state, the individual shall appear in person and inform both the CLEO of the previous jurisdiction and the officer having new jurisdiction within ten (10) days of arrival. When a registrant changes residence, the CLEO of the county where the person was previously registered shall promptly complete a "Change of Address/Statement" form and submit it to the Missouri State Highway Patrol. When the registrant is changing their residence to a new state, the Missouri State Highway Patrol will inform the responsible official via letter in the new state of residence. -------------------------------------------------------------------------------- Juvenile Registration Juvenile Sex Offenders are required to register with the juvenile office in the county in which they reside. Any state agency having supervision or any court having jurisdiction over a juvenile who is required to register as a juvenile sex offender shall register with the juvenile office of the county within ten (10) days of moving into the county. Juvenile officers shall maintain the registration forms on juvenile offenders in their jurisdiction. Information shall be kept confidential and released only to those persons and agencies that are authorized to receive information from juvenile court records as provided by law. A juvenile that is certified as an adult must register as an adult offender. The office of State Courts has a juvenile sex offender registration fingerprint card. Upon the juvenile turning age 21, the requirement for him or her to register shall be terminated. Exception: Unless the juvenile offender is required to register as an adult offender, such as when a juvenile has moved into Missouri from another state and is required to have community notification. Community notification would require the juvenile to register as an adult offender. Not all states have community notification. Community notification is generally addressed in state statute and may or may not be included in a state’s sex offender registry requirements. For example, Missouri does not have community notification. -------------------------------------------------------------------------------- Removal from the Offender Registry Any person guilty of nonsexual child abuse, felonious restraint or kidnapping of a child victim and is the parent/guardian of the victim is removed from the offender registry. (589.400) Any person seeking removal from the sex offender registry must notify prosecutor in the court where the petition is filed, failure to notify results in automatic denial. Must wait 12 months before re-petitioning if denied by the judge. Prosecutor is to make reasonable efforts to notify the victim of the offender’s petition to remove name. Exception: Any person under age 19 guilty of a sexual offense with a victim 13 or older with no physical force or threat of physical force (statutory rape in second degree) can petition the court to have his/her name removed from sex offender registry after two years. -------------------------------------------------------------------------------- Electronic Monitoring and Registration Probation
and Parole has access to home computer information for a registered sex
offender. (589.042)
-------------------------------------------------------------------------------- Sentencing and Penalty Provisions Imprisonment
for a persistent sexual offender has increased from 30 years to life (558.018)
The court may conditionally release a person civilly committed as a sexually violent predator if the mental abnormality has changed and the person is not likely to commit violent acts if released. -------------------------------------------------------------------------------- Public Access / MSHP Website / SFCSD Website The Missouri Sex Offender Registry can be accessed through the Missouri State Highway Patrol’s website at http://www.mshp.dps.mo.gov. Information included on the website includes name, address, offense and picture of registered sex offenders. In August 2005, legislation was passed to give the counties the ability to post on their web sites pictures of all sex offenders registered within the county. Effective October 1, 2006, the Missouri State Highway Patrol will operate a toll free number 888-SOR-MSHP (888-767-6747) to disseminate sex offender information. (43.533) Sheriff’s departments may also publish sexual offender information in the newspaper. |