Public Safety- Sex Offenders
1st Installment
Recently I have received several phone calls from citizens concerned about sexual offenders living in our city limits. I asked the City Manager and Chief of Police to look into the matter and was informed of some interesting facts that citizens need to be aware of and I would like to share. (For those of you that desire to research Oklahoma statutes they can be found at http://www.oscn.net/applications/oscn/start.asp?viewType=LIBRARY then left click on Oklahoma Statues Canonized, select the title and expand each section as desired.)
Title 57 Oklahoma Statues, Chapter 8B, Sections 581 through 590.2 provides for the Sex Offender Registration Act. Title 57 Oklahoma Statues, Chapter 8C, Sections 591 through 599 provides for the Mary Rippy Violent Crime Offender Registry Act. The following provides excerpts from the statues on the Sex Offender Registration Act:
Per section 582.5 the Department of Corrections shall establish a sex offender level assignment committee. The sex offender level assignment committee functions in an oversight capacity. The committee shall determine, based on federal law, the level a person shall be placed on. The offense for which the person is convicted shall serve as the basis for the level assigned to the person. In selecting the level assignment, the sex offender level assignment committee shall use the following general guidelines:
1. Level one (low): a designation that the person poses a low danger to the community and will not likely engage in criminal sexual conduct;
2. Level two (moderate): a designation that the person poses a moderate danger to the community and may continue to engage in criminal sexual conduct; and
3. Level three (high): a designation that the person poses a serious danger to the community and will continue to engage in criminal sexual conduct.
Section 584 defines an aggravated sex offender as any offender who is convicted or receives a suspended sentence or any probationary term for the crimes of Abuse or Neglect of Child/Child Beating (when sexual abuse or exploitation is involved), Incest, Forcible Sodomy, Rape in the First Degree, Rape in the Second Degree, Rape by Instrumentation, Lewd or Indecent Proposals or Acts to a Child Under 16, Sexual Battery of a Person Over 16, or any attempt to commit these crimes; and,
Provides that certain sex offenders be designated by the Department of Corrections as habitual sex offenders. A sex offender is considered habitual upon their second conviction or suspended sentence or probationary term for any of the crimes subject to sex offender registration, or any person who has been convicted of or received a suspended sentence or any probationary term for any crime subject to sex offender registration and who enters this state after November 1, 1997, The habitual designation will be for the lifetime of the habitual sex offender.
Section 590 makes it unlawful for any person registered on the Sex Offenders List to reside, either temporarily or permanently, within a 2,000 foot radius of any public or private school site, educational institution, property or campsite used by an organization whose primary purpose is working with children, a playground or park that is established, operated or supported in whole or in part by city, county, state, or licensed child care center as defined by the Department of Human Services. Additionally, violating the provisions by intentionally moving into any neighborhood or to any real estate or home within the prohibited distance shall, upon conviction, be guilty of a felony punishable by a fine not to exceed Three Thousand Dollars ($3,000.00), or by imprisonment in the custody of the Department of Corrections for a term of not less than one (1) year nor more than three (3) years, or by both such fine and imprisonment.
According to the Act the duration of Registration shall be:
1. Offenders designated as habitual, aggravated, or assigned to level three, are required to register for life.
2. Offenders assigned to level two are required to register for 25 years from the date of the completion of their sentence if sentenced in Oklahoma, or for 25 years from the date of entering the state.
3. Offenders assigned to level one are required to register for 15 years from the date of the completion of their sentence if sentenced in Oklahoma, or for 15 years from the date of entering the state.
The date of completion is defined as the day an offender completes all terms of incarceration and all periods of probation and/or parole supervision pertaining to their sentence.
Per the Act any person subject to the Act shall register, in person, as follows:
1. With the Department of Corrections within three (3) business days of being convicted or receiving a suspended sentence or any probationary term, including a deferred sentence imposed.;
2. With the local law enforcement authority having jurisdiction in the area where the person resides or intends to reside for seven (7) consecutive days or longer, calculated beginning with the first day. The registration is required within three (3) days after entering the jurisdiction of the law enforcement authority; and
3. With the Department of Corrections and the local law enforcement authority no less than three (3) business days prior to abandoning or moving from the address of the previous registration, or within three (3) business days of changing or terminating employment, or changing enrollment status as a student.
For purposes of the above section, "local law enforcement authority" means:
a. the municipal police department, if the person resides or intends to reside or stay within the jurisdiction of any municipality of this state, or
b. the county sheriff, if the person resides or intends to reside or stay at any place outside the jurisdiction of any municipality within this state, and
c. the police or security department of any institution of higher learning within this state if the person: (1) enrolls as a full-time or part-time student, (2) is a full-time or part-time employee at an institution of higher learning, or (3) resides or intends to reside or stay on any property owned or controlled by the institution of higher learning.
End of 1st Installment