502 KAR 31:020. Sex Offender Registration System.
RELATES TO: KRS 17.500-17.540, 42 U.S.C. 1407
STATUTORY AUTHORITY: KRS 15A.160, 17.080, 17.500(3), 17.510, 42 U.S.C. 1407
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.510 and 42 USC 1407 require the Justice Cabinet to develop and implement a Sex Offender Registration System. This administrative regulation establishes the definitions, defines the processes, and establishes the forms necessary for the administration of the Sex Offender Registration System.
Section 1. Definitions. (1) "Authorizing witness" means an official identified in KRS 17.510(3), (4), and (5).
(2) "Cabinet" is defined at KRS 17.500(1).
(3) "Department" means the Department of State Police.
(4) "LINK" means the Law Enforcement Information Network of Kentucky.
(5) "NCIC" National Crime Information Computer.
(6) "SORS" means the Sex Offender Registration System.
(7) "Sex offender" means a person meeting one (1) of the criteria of KRS 17.510(2), (6), or (7).
(8) "Sex offender information" means the specific information set forth in KRS 17.500(3) and shall include:
(a) The date of release from custody;
(b) Maximum date of sentence or supervision, whichever is longer;
(c) Date of registry expiration;
(d) Name of person completing the form, if registrant is assisted;
(e) Office phone number of the releasing entity;
(f) Signature of the registrant;
(g) Signature of the authorizing witness;
(h) The date the form is signed;
(i) Fingerprints; and
(j) Photograph.
Section 2. Sex Offender Duty to Register Notification Form. (1) A sex offender shall provide sex offender information on the Sex Offender Duty to Register Notification Form #JC-4.
(2) Completion of Sex Offender Duty to Register Notification Form #JC-4.
(a) The Division of Probation and Parole shall complete the Notification Form #JC-4 for the sentencing court.
(b) A sex offender shall, in the presence of the sentencing judge, sign the Notification Form #JC-4 in the "defendant’s signature" block, in ink.
(c) A copy of the completed form shall be provided to the offender.
Section 3. SORS Registration Forms. (1) Three (3) Sex Offender Registry Entry Forms have been established:
(a) Sex Offender Registry Entry Form #P:225 is to be completed by all persons required to register pursuant to KRS 17.510(2).
(b) Sex Offender Registry Entry Form #P:227 is to be completed by all persons required to register pursuant to KRS 17.510(6).
(c) Sex Offender Registry Entry Form #P:228 is to be completed by all persons required to register pursuant to KRS 17.510(7).
(2) Completion of Sex Offender Registry Entry Registration Form.
(a) The Entry Form shall be completed either in the presence of or by the authorizing witness.
(b) The offender shall read the Entry Form in the presence of the authorizing witness.
(c) The offender shall sign the Entry Form, in the "signature of offender" block of the form in ink.
(d) The authorizing witness shall sign the Entry Form in the "authorizing witness" block of the Entry Form.
(e) The authorizing witness shall mail one (1) copy of the completed Entry Form to the department on the day the form is completed.
(3) An Entry Form shall not be considered complete if:
(a) It does not contain the sex offender information required by KRS 17.500(3) and this administrative regulation;
(b) It contains erroneous or false information;
(c) An item on the Entry Form cannot be read or understood; or
(d) The offender or authorizing witness fails to sign the appropriate block.
(4) If the department determines that an Entry Form is incomplete, the department shall notify the submitting authorizing witness, without entry into the SORS, of:
(a) The reason the Entry Form was determined to be incomplete; and
(b) The action required to complete the Entry Form prior to inclusion in the SORS.
(5) When the deficiencies of an incomplete entry form are corrected, the department shall enter the record into the SORS, LINK and NCIC.
Section 4. Sex Offender Registry Modification Form. A sex offender shall complete a Sex Offender Registry Modification Form #P:226 if there is a change in an item of the sex offender information previously supplied.
(1) Completion of Sex Offender Registry Modification Form.
(a) The Modification Form shall be completed either in the presence of or by the authorizing witness.
(b) The offender shall read the Modification Form in the presence of the authorizing witness.
(c) The offender shall sign the Modification Form in the "signature of offender" block of the form, in ink.
(d) The authorizing witness shall sign the Modification Form in the "authorizing witness" block of the Modification Form.
(e) The authorizing witness shall mail one (1) copy of the completed Modification Form to the department on the day the form is completed.
(2) A Modification Form shall not be considered complete if:
(a) It does not contain the information required;
(b) It contains erroneous or false information;
(c) An item on the form cannot be read or understood; or
(d) The offender or authorizing witness fails to sign in the appropriate block.
(3) If the department determines that a Modification Form is incomplete, the department shall notify the submitting authorizing witness of:
(a) The reason the Modification Form was determined to be incomplete; and
(b) The action required to properly complete the Modification Form before that information shall be included in the SORS.
(4) When the deficiencies of an incomplete Modification Form are corrected, the department shall enter the corrected information into that offender’s SORS, LINK, and NCIC records.
Section 5. Sex Offender Registry Information Verification Form. A sex offender shall verify the accuracy of the information contained in the SORS on the Sex Offender Registry Information Verification Form #SOR 1.
(1) Annually, the department shall mail, no later than fourteen (14) days prior to the anniversary date of each "low" and "moderate" risk registrant, a Verification Form #SOR 1 to the last known address of the registrant.
(2) Quarterly, the department shall mail a Verification Form #SOR 1 to the last known address of each "high risk" registrant.
(3) Completion of Sex Offender Registry Information Verification Form #SOR 1. A sex offender shall:
(a) Complete each item in the Verification Form #SOR 1;
(b) Sign the Verification Form #SOR 1 in the "registrant signature" block, in ink; and
(c) Mail the completed Verification Form #SOR 1 to the department on the day the form is completed.
(4) A Verification Form #SOR 1 shall not be considered complete if:
(a) It does not contain the information required;
(b) It contains erroneous or false information;
(c) An item on the form cannot be read or understood; or
(d) The registrant fails to sign in the appropriate block.
(5) If the department determines that a Verification Form #SOR 1 is incomplete, the department shall return the form to the submitting registrant, notifying the submitting registrant of:
(a) The reason the Verification Form #SOR 1 was returned; and
(b) The action required by the registrant to properly complete the Verification Form #SOR 1 prior to validation thereof.
Section 6. Incorporation by Reference. (1) The following forms are incorporated by reference:
(a) Sex Offender Duty to Register Form #JC-4;
(b) Sex Offender Registry Entry Form #P:225;
(c) Sex Offender Register Entry Form #P:227;
(d) Sex Offender Register Entry Form #P:228;
(e) Sex Offender Registry Modification Form #P:226; and
(f) Sex Offender Registry Information Verification Form #SOR 1.
(2) This material may be inspected, copied, or obtained at the Department of State Police, Data Processing Section, 1250 Louisville Road, Frankfort Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (25 Ky.R. 1276; Am. 1590; eff. 1-19-99; 26 Ky.R. 435; 1155; eff. 12-16-99.)