What are Sex Offender Registration Laws in Tennessee?

Full Question:

Regarding Conv/Nolo Sex Offender Registration in Tennessee on or before January 1, 1990. Do they have it today?
06/30/2009   |   Category: Criminal   |   State: Tennessee   |   #17266

Answer:

Please see the following TN statutes to determine applicability:

40-39-203. Offender registration — Registration
forms — Contents.

(a)
(1) Within forty-eight (48) hours of establishing or
changing a primary or secondary residence, establishing a
physical presence at a particular location, becoming employed
or practicing a vocation or becoming a student in this state,
the offender shall register or report in person, as required
by this part. Likewise, within forty-eight (48) hours of
release on probation or any alternative to incarceration,
excluding parole, the offender shall register or report in
person, as required by this part.

(2) Regardless of an offender's date of conviction or
discharge from supervision, an offender whose contact with
this state is sufficient to satisfy the requirements of
subdivision (a)(1) and who was an adult when the offense
occurred is required to register or report in person as
required by this part, if the person was required to register
as any form of sexual offender in another jurisdiction prior
to the offender's presence in this state.

(3) An offender who resides and is registered in this state
and who intends to move out of this state shall, within
forty-eight (48) hours after moving to another state or
within forty-eight (48) hours of becoming reasonably certain
of the intention to move to another state, register or report
to the offender's designated law enforcement agency the
address at which the offender will reside in the new
jurisdiction.

(4) Within forty-eight (48) hours of a change in any other
information given to the registering agency by the offender
that is contained on the registration form, the offender must
report the change to the registering agency.

(5) Within forty-eight (48) hours of being released from
probation or parole, an offender must report to the proper
law enforcement agency, which shall then become the
registering agency and take over registry duties from the
board.

(6) Within forty-eight (48) hours of a material change in
employment or vocation status, the offender shall report the
change to the person's registering agency. For purposes of
this subdivision (a)(6), "a material change in employment or
vocational status" includes being terminated involuntarily
from the offender's employment or vocation, voluntarily
terminating the employment or vocation, taking different
employment or the same employment at a different location,
changing shifts or substantially changing the offender's
hours of work at the same employment or vocation, taking
additional employment, reducing the offender's employment or
any other change in the offender's employment or vocation
that differs from that which the offender originally
registered. For a change in employment or vocational status
to be considered a material one, it must remain in effect for
five (5) consecutive days or more.

(7) Within three (3) days, excluding holidays, of an
offender changing the offender's electronic mail address
information, any instant message, chat or other Internet
communication name or identity information that the person
uses or intends to use, whether within or without this state,
the offender shall report the change to the offender's
designated law enforcement agency.

(b)
(1) An offender who is incarcerated in this state in a
local, state or federal jail or a private penal institution
shall, within forty-eight (48) hours prior to the offender's
release, register or report in person, completing and signing
a TBI registration form, under penalty of perjury, pursuant
to § 39-16-702(b)(3), as follows:

(A) If incarcerated in a state, federal or private penal
facility, with the warden or the warden's designee; or

(B) If incarcerated in a local jail, with the sheriff or
the sheriffs designee.

(2) After registering or reporting with the incarcerating
facility as provided in subdivision (b)(1), an offender who
is incarcerated in this state in a local, state or federal
jail or a private penal institution shall, within forty-eight
(48) hours after the offender's release from the
incarcerating institution, report in person to the offender's
registering agency, unless the place of incarceration is also
the person's registering agency.

(c) An offender from another state, jurisdiction or country
who has established a primary or secondary residence within
this state or has established a physical presence at a
particular location shall, within forty-eight (48) hours of
establishing residency or a physical presence, register or
report in person with the designated law enforcement agency,
completing and signing a TBI registration form, under penalty
of perjury, pursuant to § 39-16-702(b)(3).

(d)
(1) An offender from another state, jurisdiction or
country who is not a resident of this state shall, within
forty-eight (48) hours of employment, commencing practice of
a vocation or becoming a student in this state, register or
report in person, completing and signing a TBI registration
form, under penalty of perjury, pursuant to
§ 39-16-702(b)(3), with:

(A) The sheriff in the county or the chief of police in the
municipality within this state where the offender is employed
or practices a vocation; or

(B) The law enforcement agency or any institution of higher
education, or if not applicable, the designated law
enforcement agency with jurisdiction over the campus, if the
offender is employed or practices a vocation or is a student.

(2) Within forty-eight (48) hours of an offender from
another state, jurisdiction or country who is not a resident
of this state making a material change in the offender's
vocational or employment or vocational status within this
state, the offender shall report the change to the person's
registering agency. For purposes of this subdivision (d)(2),
"a material change in employment or vocational status"
includes being terminated involuntarily from the offender's
employment or vocation, voluntarily terminating the
employment or vocation, taking different employment or the
same employment at a different location, changing shifts or
substantially changing the offender's hours of work at the
same employment or vocation, taking additional employment,
reducing the offender's employment or any other change in the
offender's employment or vocation that differs from that
which the offender originally registered. For a change in
employment or vocational status to be considered a material
one, it must remain in effect for five (5) consecutive days
or more.

(e) An offender from another state, jurisdiction or country
who becomes a resident of this state, pursuant to the
interstate compact provisions of title 40, chapter 28,
part 4, shall, within forty-eight (48) hours of entering the
state, register or report in person with the board,
completing and signing a TBI registration form, under penalty
of perjury, pursuant to § 39-16-702(b)(3), in addition to
the requirements of title 40, chapter 28, part 4 and the
specialized conditions for sex offenders from the board.

(f) Offenders who do not maintain either a primary or
secondary residence, as denned in this part, shall be
considered homeless, and are subject to the registration
requirements of this part. Offenders who do not maintain
either a primary or secondary residence shall be required to
report to their registering agency monthly for so long as
they do not maintain either a primary or secondary residence.

(g) Offenders who were previously required to register or
report under former title 40, chapter 39, part 1 [repealed],
shall register or report in person with the designated law
enforcement agency by August 31, 2005. Offenders who reside
in nursing homes and assisted living facilities and offenders
committed to mental health institutions or continuously
confined to home or health care facilities due to mental or
physical disabilities are exempt from this requirement, as
otherwise provided by this part.

(h) An offender who indicates to a designated law
enforcement agency on the TBI registration form the
offender's intent to reside in another state, jurisdiction or
country and who then decides to remain in this state shall,
within forty-eight (48) hours of the decision to remain in
the state, report in person to the designated law enforcement
agency and update all information pursuant to subsection (i).

(i) TBI registration forms shall require the registrant's
signature and disclosure of the following information, under
penalty of perjury, pursuant to § 39-16-702(b)(3):

(1) Complete name and all aliases, including, but not
limited to, any names that the offender may have had or
currently has by reason of marriage or otherwise;

(2) Date and place of birth;

(3) Social security number;

(4) A photocopy of a valid driver's license, or if no valid
driver license has been issued to the offender, a photocopy
of any state or federal government issued identification
card;

(5) For an offender on supervised release, the name,
address, and telephone number of the registrant's probation
or parole officer or other person responsible for the
registrant's supervision;

(6) Sexual offenses or violent sexual offenses for which
the registrant has been convicted, the date of the offenses
and the county and state of each conviction;

(7) Name of any current employers and length of employment,
including physical addresses and phone numbers;

(8) Current physical address and length of residence at
that address, which shall include any primary or secondary
residences. For the purpose of this section, a post office
box number shall not be considered an address;

(9) Mailing address, if different from physical address;

(10) Any vehicle, mobile home, trailer or manufactured home
used or owned by an offender, including descriptions, vehicle
information numbers and license tag numbers;

(11) Any vessel, live-aboard vessel or houseboat used by an
offender, including the name of the vessel, description, and
all identifying numbers;

(12) Name and address of each institution of higher
education in this state where the offender is employed or
practices a vocation or is a student;

(13) Race and gender;

(14) Name, address and phone number of offender's closest
living relative;

(15) Whether victims of the offender's convictions are
minors or adults, the number of victims and the correct age
of the victim or victims and of the offender at the time of
the offense or offenses, if the ages are known;

(16) Verification by the TBI or the offender that the TBI
has received the offender's DNA sample;

(17) A complete listing of the offender's electronic mail
address information or any instant message, chat or other
Internet communication name or identity that the person uses
or intends to use;

(18) Whether any minors reside in the primary or secondary
residence; and

(19)
(A) Any other registration, verification and tracking
information, including fingerprints and a current photograph
of the offender, vehicles and vessels, as referred to in
subdivisions (i)(10) and (i)(ll), as may be required by rules
promulgated by the TBI, in accordance with the Uniform
Administrative Procedures Act, compiled in title 4,
chapter 5;

(B) By January 1, 2007, the TBI shall promulgate and
disseminate to all applicable law enforcement agencies,
correctional institutions and any other agency that may be
called upon to register an offender, rules establishing
standardized specifications for the photograph of the
offender required by subdivision (i)(19)(A). The rules shall
specify that the photograph or digital image submitted for
each offender must conform to the following compositional
specifications or the entry will not be accepted for use on
the registry and the agency will be required to resubmit the
photograph:

(i) Head Position:

(a) The person being photographed must directly
face the camera;

(b) The head of the person should not be tilted
up, down or to the side; and

(c) The head of the person should cover about
fifty percent (50%) of the area of the photo;

(ii) Background:

(a) The person being photographed should be in
front of a neutral, light-colored background; and

(b) Dark or patterned backgrounds are not
acceptable;

(iii) The photograph must be in focus;

(iv) Photos in which the person being photographed is
wearing sunglasses or other items that detract from the face
are not permitted; and

(v) Head Coverings and Hats:

(a) Photographs of applicants wearing head
coverings or hats are only acceptable due to religious
beliefs, and even then, may not obscure any portion of the
face of the applicant; and

(b) Photos of applicants with tribal or other
headgear not specifically religious in nature are not
permitted.

(j)
(1) Notwithstanding the registration deadlines otherwise
established by this section, any person convicted of a sexual
offense or violent sexual offense in this state or who has
another qualifying conviction as defined in § 40-39-202,
but who is not required to register for the reasons set out
in subdivision (j)(2), shall have until August 1, 2007, to
register as a sexual offender or violent sexual offender in
this state.

(2) Subdivision (j)(1) shall apply to offenders:

(A) Whose convictions for a sexual offense or violent
sexual offense occurred prior to January 1, 1995;

(B) Who were not on probation, parole or any other
alternative to incarceration for a sexual offense or prior
sexual offense on or after January 1, 1995;

(C) Who were discharged from probation, parole or any other
alternative to incarceration for a sexual offense or violent
sexual offense prior to January 1, 1995; or

(D) Who were discharged from incarceration without
supervision for a sexual offense or violent sexual offense
prior to January 1, 1995.

(k) No later than the third day after an offender's initial
registration, the registration agency shall send by the
United States postal service the original signed TBI
registration form containing information required by
subsection (i) to TBI headquarters in Nashville.

(l) The offender's signature on the TBI registration form
creates the presumption that the offender has knowledge of
the registration, verification and tracking requirements of
this part.

(m) Registry information regarding all registered
offender's electronic mail address information, any instant
message, chat or other Internet communication name or
identity information may be electronically transmitted by the
TBI to a business or organization that offers electronic
communication or remote computing services for the purpose of
prescreening users or for comparison with information held by
the requesting business or organization. In order to obtain
the information from the TBI, the requesting business or
organization that offers electronic communication or remote
computing services shall agree to notify the TBI forthwith
when a comparison indicates that any such registered sex
offender's electronic mail address information, any instant
message, chat or other Internet communication name or
identity information is being used on their system. The
requesting business or organization shall also agree that the
information will not be further disseminated.

(n) If the offender's DNA sample has not already been
collected pursuant to § 40-35-321 or any other law and
received by TBI, the offender's DNA sample shall be taken by
the registering agency at the time the offender registers or
at the offender's next scheduled registration or reporting
and sent to TBI.

(o) An offender who registers or reports as required by
this section prior to July 1, 2008, shall provide the
additional information on the registration form required by
this section at the offender's next scheduled registration or
reporting date.

40-39-207. Request for termination of registration
requirements — Tolling of reporting period —
Review of decisions to deny termination of reporting
requirements — Lifetime registration.

(a)
(1) No sooner than ten (10) years after termination
of active supervision on probation, parole or any other
alternative to incarceration, or no sooner than ten (10)
years after discharge from incarceration without supervision,
an offender required to register under this part may file a
request for termination of registration requirements with TBI
headquarters in Nashville.

(2) Notwithstanding subdivision (a)(1), if a court of
competent jurisdiction orders that an offender's records be
expunged pursuant to § 40-32-101, and the offense being
expunged is an offense eligible for expunction under
§ 40-32-101, the TBI shall immediately remove the
offender from the SOR and the offender's records shall be
removed as provided in § 40-39-209.

(b) Upon receipt of the request for termination, the TBI
shall review documentation provided by the offender and
contained in the offender's file and the SOR, to determine
whether the offender has complied with this part. In
addition, the TBI shall conduct fingerprint-based state and
federal criminal history checks, to determine whether the
offender has been convicted of any additional sexual
offenses, as defined in § 40-39-202, or violent sexual
offenses, as defined in § 40-39-202.

(c) If it is determined that the offender has not been
convicted of any additional sexual offenses or violent sexual
offenses during the ten-year period and that the offender has
substantially complied with this part and former part 1 of
this chapter [repealed], the TBI shall remove the offender's
name from the SOR and notify the offender that the offender
is no longer required to comply with this part.

(d) If it is determined that the offender has been
convicted of any additional sexual offenses or violent sexual
offenses during the ten-year period or has not substantially
complied with this part and former part 1 of this
chapter [repealed], the TBI shall not remove the offender's name from
the SOR and shall notify the offender that the offender has
not been relieved of the provisions of this part.

(e) If an offender is denied a termination request based on
substantial noncompliance, the offender may petition again
for termination no sooner than five (5) years after the
previous denial.

(f) Immediately upon the failure of a sexual offender to
register or otherwise substantially comply with the
requirements established by this part, the running of the
offender's ten-year reporting period shall be tolled,
notwithstanding the absence or presence of any warrant or
indictment alleging a violation of this part.

(g) An offender whose request for termination of
registration requirements is denied by a TBI official may
petition the chancery court of Davidson County or the
chancery court of the county where the offender resides, if
the county is in Tennessee, for review of the decision. The
review shall be on the record used by the TBI official to
deny the request. The TBI official who denied the request
for termination of registration requirements may submit an
affidavit to the court detailing the reasons the request was
denied.

(1) An offender required to register under this part shall
continue to comply with the registration, verification and
tracking requirements for the life of that offender, if that
offender:

(A) Has one (1) or more prior convictions for a sexual
offense, as denned in § 40-39-202, regardless of when the
conviction or convictions occurred; or

(B) Has been convicted of a violent sexual offense, as
defined in § 40-39-202.

(2) For purposes of subdivision (g)(1)(A):

(A) "Prior conviction" means that the person serves and is
released or discharged from, or is serving, a separate period
of incarceration or supervision for the commission of a
sexual offense prior to or at the time of committing another
sexual offense;

(B) "Prior conviction" includes convictions under the laws
of any other state, government or country that, if committed
in this state, would constitute a sexual offense. If an
offense in a jurisdiction other than this state is not
identified as a sexual offense in this state, it shall be
considered a prior conviction if the elements of the offense
are the same as the elements for a sexual offense; and

(C) "Separate period of incarceration or supervision"
includes a sentence to any of the sentencing alternatives set
out in § 40-35-104(c)(3)-(9). A sexual offense shall be
considered as having been committed after a separate period
of incarceration or supervision if the sexual offense is
committed while the person was:

(i) On probation, parole or community correction
supervision for a sexual offense;

(ii) Incarcerated for a sexual offense;

(iii) Assigned to a program whereby the person enjoys the
privilege of supervised release into the community,
including, but not limited to, work release, educational
release, restitution release or medical furlough for a sexual
offense; or

(iv) On escape status from any correctional institution
when incarcerated for a sexual offense.

(h)
(1) Any offender required to register pursuant to this
chapter because the offender was convicted of the offense of
statutory rape under § 39-13-506 and the offense was
committed prior to July 1, 2006, may file a request for
termination of registration requirements with TBI
headquarters in Nashville, if the offender would not be
required to register if the offense was committed on or after
July 1, 2006.

(2) Upon receipt of the request for termination, the TBI
shall review documentation provided by the offender and
contained in the offender's file and the SOR, to determine
whether the offender would not be required to register if the
offender committed the same offense on or after July 1, 2006.
In addition, the TBI shall conduct fingerprint-based state
and federal criminal history checks, to determine whether the
offender has been convicted of any additional sexual
offenses, as defined in § 40-39-202, or violent sexual
offenses, as defined in § 40-39-202.

(3) If it is determined that the offender would not be
required to register if the offense was committed on or after
July 1, 2006, that the offender has not been convicted of any
additional sexual offenses or violent sexual offenses, and
that the offender has substantially complied with this
part and any previous versions of this part, the TBI shall remove
the offender's name from the SOR and notify the offender that
the offender is no longer required to comply with this part.

(4) If it is determined that the offender would still be
required to register even if the statutory rape had been
committed on or after July 1, 2006, or that the offender has
been convicted of any additional sexual offenses or violent
sexual offenses during the period of registration or has not
substantially complied with this part and the previous
versions of this part, the TBI shall not remove the
offender's name from the SOR and shall notify the offender
that the offender has not been relieved of this part.

(5) An offender whose request for termination of
registration requirements is denied by a TBI official may
petition the chancery court of Davidson County or the
chancery court of the county where the offender resides, if
the county is in this state, for review of the decision. The
review shall be on the record used by the TBI official to
deny the request. The TBI official who denied the request for
termination of registration requirements may submit an
affidavit to the court detailing the reasons the request was
denied.

(i)
(1)
(A) If a person convicted of an offense was not
required to register as an offender prior to August 1, 2007,
because the person was convicted, discharged from parole or
probation supervision or discharged from incarceration
without supervision prior to January 1, 1995, for an offense
now classified as a sexual offense, the person may file a
request for termination of registration requirements with TBI
headquarters in Nashville, no sooner than five (5) years from
August 1, 2007, or the date the person first registered with
the SOR, whichever date is later.

(B) The procedure, criteria for removal and other
requirements of this section shall otherwise apply to an
offender subject to removal after five (5) years as specified
in subdivision (i)(1)(A).

(2) If a person convicted of an offense was not required to
register as an offender prior to August 1, 2007, because the
person was convicted, discharged from parole or probation
supervision or discharged from incarceration without
supervision prior to January 1, 1995, for an offense now
classified as a violent sexual offense, the person shall
continue to comply with the registration, verification and
tracking requirements for the life of that offender.

40-39-212. Registration requirement.

(a) Upon the court's acceptance of a defendant's entry
of a plea of guilty or a finding of guilt by a jury or judge
after trial, and, notwithstanding the absence of a final
sentencing and entry of a judgment of conviction, any
defendant who is employed or practices a vocation,
establishes a primary or secondary residence, or becomes a
student in this state, and who enters a plea of guilty to a
qualifying offense in § 40-39-202(20) or
§ 40-39-202(28), shall be required to register with a
registering agency.

(b) Notwithstanding the absence of a final sentencing and
entry of a judgment of conviction, any defendant who is
employed or practices a vocation, establishes a primary or
secondary residence, or becomes a student in this state, and
who enters a plea of guilty to an offense in another state,
county, or jurisdiction that may result in a conviction of a
qualifying offense in § 40-39-202(20) or
§ 40-39-202(28), shall be required to register with a
registering agency.

(c) Upon the court's acceptance of a defendant's entry of a
plea of guilty, and notwithstanding the absence of a final
sentencing and entry of a judgment of conviction, any
defendant from another state who enters a plea of guilty to
an offense in this state that may result in a conviction of a
qualifying offense in § 40-39-202(20) or
§ 40-39-202(28), shall be required to register with a
registering agency.

(d) This part shall apply to offenders who received
diversion under § 40-35-313 or its equivalent in any
other jurisdiction.

40-39-209. Removing records from SOR.

Except as otherwise provided in § 40-39-207(a)-(d),
no record shall be removed from the SOR, unless ordered by a
court of competent jurisdiction as part of an expunction
order pursuant to § 40-32-101, so long as the offense is
eligible for expunction under § 40-32-101.

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