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§57-584.
§57-584.
A. The registration with the Department of Corrections required by the
Sex Offenders Registration Act, Section 581 et seq. of this title,
shall be in a form approved by the Department of Corrections and shall
include the following information about the person registering:
1. The person's name and all aliases used or under which the person
has been known;
2. A complete description of the person, including a photograph and
fingerprints, and when requested by the Department of Corrections,
such registrant shall submit to a blood test for purposes of a
deoxyribonucleic acid (DNA) profile. Submission to testing for
individuals registering shall be within thirty (30) days of
registration. All individuals registered pursuant to the Sex Offenders
Registration Act on July 1, 1997, shall provide a blood sample by
October 1, 1997. Registrants who already have valid samples on file in
the Oklahoma State Bureau of Investigation (OSBI) DNA Offender
Database shall not be required to submit duplicate samples for
testing;
3. The offenses listed in Section 582 of this title of which the
person has been convicted or for which the person received a suspended
sentence, where the offense was committed, where the person was
convicted or received the suspended sentence, and the name under which
the person was convicted or received the suspended sentence;
4. The name and location of each hospital or penal institution to
which the person was committed for each offense listed in Section 582
of this title; and
5. Where the person resides, how long the person has resided there,
how long the person expects to reside there, and how long the person
expects to remain in the county and in the State of Oklahoma. The
Department of Corrections shall conduct address verification of the
sex offender on an annual basis by mailing a nonforwardable
verification form to the last reported address of the person. The
person shall return the verification form in person to the local law
enforcement agency of that jurisdiction within ten (10) days after
receipt of the form and may be photographed by the local law
enforcement agency at that time. The local law enforcement agency
shall forward the form to the Oklahoma Department of Corrections
within three (3) days after receipt of the form. The verification form
shall be signed by the person and state the current address of the
person. Failure to return the verification form shall be a violation
of this act. If the offender has been determined to be a habitual or
aggravated sex offender by the Department of Corrections, the address
verification shall be conducted every ninety (90) days. The Department
of Corrections shall notify the district attorney's office and local
law enforcement agency of the appropriate county, within forty-five
(45) days if unable to verify the address of a sex offender. A local
law enforcement agency may notify the district attorney's office
whenever it comes to the attention of the local law enforcement agency
that a sex offender is not in compliance with any provisions of this
act.
B. Conviction data and fingerprints shall be promptly transmitted at
the time of registration to the Oklahoma State Bureau of Investigation
(OSBI) and the Federal Bureau of Investigation (FBI) if the state has
not previously sent the information at the time of conviction.
C. The registration with the local law enforcement authority required
by this act shall be in a form approved by the local law enforcement
authority and shall include the following information about the person
registering:
1. The person's full name, alias, date of birth, sex, race, height,
weight, eye color, social security number, driver license number, and
home address; and
2. A description of the offense for which the offender was convicted,
the date of the conviction, and the sentence imposed, if applicable.
For purposes of this section, "local law enforcement authority" means
the municipal police department, if the person resides or intends to
reside or stay within the jurisdiction of any municipality of this
state; or, 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.
D. Any person subject to the provisions of the Sex Offenders
Registration Act who changes an address shall give written
notification of the new address to the Department of Corrections
within three (3) business days after the change of address and the
local law enforcement authority within three (3) business days after
the change of address. If the new address is in another state the
Department of Corrections shall promptly notify the agency responsible
for registration in that state of the new address of the offender.
E. The Department of Corrections shall maintain a file of all sex
offender registrations. A copy of the information contained in the
registration shall promptly be available to state, county and
municipal law enforcement agencies and the National Sex Offender
Registry maintained by the Federal Bureau of Investigation. Said file
shall promptly be made available for public inspection or copying
pursuant to rules promulgated by the Department of Corrections and may
be made available through Internet access. The Department of
Corrections shall promptly provide all municipal police departments
and all county sheriff departments a list of those sex offenders
registered and living in their county.
F. Each local law enforcement agency shall make its sex offender
registry available upon request.
When a law enforcement agency sends a copy of or otherwise makes the
sex offender registry available to any public or private school
offering any combination of prekindergarten through twelfth grade
classes or child care facility licensed by the state, the agency shall
provide a notice using the following or similar language: "A person
whose name appears on this registry has been convicted of a sex
offense. Continuing to employ a person whose name appears on this
registry may result in civil liability for the employer."
G. Samples of blood for DNA testing required by subsection A of this
section shall be taken by employees or contractors of the Department
of Corrections. Said individuals shall be properly trained to collect
blood samples. Persons collecting blood for DNA testing pursuant to
this section shall be immune from civil liabilities arising from this
activity. The Department of Corrections shall ensure the collection of
samples are mailed to the Oklahoma State Bureau of Investigation
(OSBI) within ten (10) days of the time the subject appears for
testing. The Department shall use sample kits provided by the OSBI and
procedures promulgated by the OSBI. Persons subject to DNA testing
pursuant to this section shall be required to pay to the Department of
Corrections a fee of Fifteen Dollars ($15.00). Any fees collected
pursuant to this subsection shall be deposited in the Department of
Corrections revolving account.
H. 1. Any person who has been convicted of or received a suspended
sentence or any probationary term for any crime listed in Section 582
of this title and:
a. who is subsequently convicted of a crime or an attempt to commit a
crime listed in subsection A of Section 582 of this title, or
b. who enters this state after November 1, 1997, and who has been
convicted of an additional crime or attempted crime which, if
committed or attempted in this state, would be a crime or an attempt
to commit a crime provided for in subsection A of Section 582 of this
title,
shall be subject to all of the registration requirements of this act
and shall be designated by the Department of Corrections as a habitual
sex offender. A habitual sex offender shall be required to register
for the lifetime of the habitual sex offender.
2. On or after November 1, 1999, any person who has been convicted of
a crime or an attempt to commit a crime, received a suspended sentence
or any probationary term for a crime provided for in Section 7115 of
Title 10 of the Oklahoma Statutes, if the offense involved sexual
abuse or sexual exploitation as these terms are defined in Section
7102 of Title 10 of the Oklahoma Statutes, Section 885, 888, 1111.1,
1114 or 1123 of Title 21 of the Oklahoma Statutes shall be subject to
all the registration requirements of this act and shall be designated
by the Department of Corrections as an aggravated sex offender. An
aggravated sex offender shall be required to register for the lifetime
of the aggravated sex offender.
3. Upon registration of any person designated as a habitual or
aggravated sex offender, pursuant to this subsection, a local law
enforcement authority shall notify, by any method of communication it
deems appropriate, anyone that the local law enforcement authority
determines appropriate, including, but not limited to:
a. the family of the habitual or aggravated sex offender,
b. any prior victim of the habitual or aggravated sex offender, and
c. residential neighbors and churches, community parks, schools,
convenience stores, businesses and other places that children or other
potential victims may frequent.
4. The notification may include, but is not limited to, the following
information:
a. the name and physical address of the habitual or aggravated sex
offender,
b. a physical description of the habitual or aggravated sex offender,
including, but not limited to, age, height, weight and eye and hair
color,
c. a description of the vehicle that the habitual or aggravated sex
offender is known to drive,
d. any conditions or restrictions upon the probation, parole or
conditional release of the habitual or aggravated sex offender,
e. a description of the primary and secondary targets of the habitual
or aggravated sex offender,
f. a description of the method of offense of the habitual or
aggravated sex offender,
g. a current photograph of the habitual or aggravated sex offender,
and
h. the name and telephone number of the probation or parole officer of
the habitual or aggravated sex offender.
5. The local law enforcement authority shall make the notification
provided for in this subsection regarding a habitual or aggravated sex
offender available to any person upon request.
I. Public officials, public employees, and public agencies are immune
from civil liability for good faith conduct under this act.
1. Nothing in this act shall be deemed to impose any liability upon or
to give rise to a cause of action against any public official, public
employee, or public agency for failing to release information in
accordance with this act.
2. Nothing in this section shall be construed to prevent law
enforcement officers from notifying members of the public of any
persons that pose a danger under circumstances that are not enumerated
in this act.
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