EFTA00285878.pdf

TWENTY-NINTH LEGISLATURF: OF THE VIRGIN ISLANDS COMMITTEE ON PUBLIC SAFF:IT, HOMELAND SECURITY AND JUSTICE BILL NO. An Act amending Chapter 86 of Title 14 of the Virgin Islands Code to expand the laws of this Territory regarding the monitoring and tracking of sex offenders within this jurisdiction with the purpose of affording greater protection for the members of this Territory from sexual exploitation and violent crime, preventing child abuse and child pornography. promoting interim safety and educating the community about sex offenders. BE IT ENACTED by the Legislature of the Virgin Islands: SECTION 1. Section 1721 of Title 14 of the Virgin Islands Code is amended in the following instances: (1) Subsection 1721(h) is replaced with the following language: (b) The term "sex offense" as used in this code includes those offenses contained in 42 U.S.C. 1316911(5) and those offenses enumerated in Sections 1721A and 172113 of this chapter or any other covered offense under Virgin Islands law except as limited by subparagraphs 1 or 2: (1) An offense involving consensual sexual conduct is not a sex offense for the purposes of this chapter if the victim: (a) was an adult, unless the adult was under the custodial authority of the offender at the time of the offense; or (b) was at least thirteen (13) years old and the offender was not more than four (4) years older than the victim. (2) A foreign conviction is not a sex offense for the purposes of this chapter unless it was obtained either: (i) under the laws of Canada, the United Kingdom, Australia. New Zealand, or under the laws of any foreign country or jurisdiction within the Caribbean, which include but is not limited to: Jamaica, Ilaiti. Trinidad & Tobago. St. Lucia, Grenada, St. Vincent & the Grenadines, Antigua & 13arhuda, St. Kitts, Nevis, Dominica, the Netherlands Antilles, Belize, the Bahamas, Cuba, Dominican Republic, Guyana and Barbados. or (ii) under the laws of any foreign country when the United States State Department in its Country Reports on Human Rights Practices has concluded that an independent judiciary generally or vigorously enforced the right to a fair trial in that country during the year in which the conviction occurred. EFTA00285878 (2) Subsections 1721 (c) through (I) are deleted (3) New Subsections 1721(c) through (w) arc added with the following language: (c) The term "conviction": (1) An adult sex offender is "convicted" for the purposes of this chapter if the sex offender has been subjected to penal consequences based on a conviction of one of the sex offenses defined in this Chapter however the conviction may be styled. (2) A juvenile offender is "convicted" for purposes of this chapter if the juvenile offender is either: (i) Prosecuted and found guilty as an adult for a sex offense: or (ii) Is adjudicated delinquent as a juvenile for a sex offense, but only if the offender is 14 years of age or older at the time of the offense and the ofiense adjudicated was comparable to or more severe than aggravated sexual abuse (as described in either (a) or (b) of section 2241 of title 18, United States Code), or was an attempt or conspiracy to commit such an offense. (3) A foreign conviction is one obtained outside of the United States. (d) The term "foreign" means outside of the United States. (e) The term -employee" as used in this chapter includes, but is not limited to, an individual who is self-employed or works for any other entity, regardless of compensation. Volunteers of a government agency or organization arc included within the definition of employee for registration purposes. (I) "Immediate" and "immediately" mean within 3 business days. (g) The term "imprisonment" refers to incarceration pursuant to a conviction, regardless of the nature of the institution in which the offender serves the sentence. The term is to be interpreted broadly to include, for example, confinement in a state "prison" as well as in a federal. military, foreign, B1A, private or contract facility, or a local or tribal "jail". Persons under "house arrest" following conviction of a covered sex offense arc required to register pursuant to the provisions of this chapter during their period of "house arrest". (h) The term "confined" refers to persons who arc adjudicated "not guilty by reason of insanity" by a court of this territory and are therefore sentenced to a period of confinement in a mental health facility in the territory or, pursuant to the terms of a contractual agreement. in a facility in the United States. EFTA00285879  (i) The term "jurisdiction- as used in this chapter refers to the 50 states, the District of Columbia. the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth or the Northern Mariana Islands, the United States Virgin Islands, and any Indian tribe that elected to function as a SORNA registration and notification jurisdiction pursuant to It 109-248 Section 127 (42 U.S.C. §16927). (j) The terms "reside- and "resides" mean, with respect to an individual, the location of the individual's home or other place where the individual habitually lives or sleeps for more than 30 days per year. Moreover, all visitors and individuals who are required to register pursuant this Chapter and who will be present in the territory for less than 30 days in any given year, must contact the Department of Justice in order to notify the Department of his or her presence in the territory as well as all arrival and departure information. (k) The term "sex offender" means a person convicted of a sex olTense. The term "sexual act" means: (I) contact between the penis and the vulva or the penis and the anus, and for purposes of this definition contact involving the penis occurs upon penetration. however slight; (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (3) the penetration, however slight. of the anal or genital opening of another by a hand or linger or by any object, with an intent to abuse, humiliate, harass. degrade, or arouse or gratify the sexual desire of any person; or (4) the intentional touching of the genitalia of another person that has not attained the age of 18 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. (in) The term "sexual contact" means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass or degrade another person; or with the intent to amuse or gratify the sexual desires of any person. (n) The phrase "intimate parts" means the primary genital area, anus, groin, inner thigh, buttocks or breasts. (o) The term "student" means a person who enrolls in or attends either a private or public education institution, including a secondary school, trade or professional school, or an institution of higher education. The term also includes a person who is an intern. extern or apprentice studying in the '1'crritory. EFTA00285880  (p) The acronym "SORNA" means The Sex Offender Registration and Notification Act (Title I of thc Adam Walsh Child Protection and Safety Act of 2006 P.L. 109-248), 42 U.S.C. § 16911 a Seq., as amended. (q) The tenn "sex offender registry- means the registry of sex offenders, and a notification program, maintained by the Virgin Islands Department of Justice. (r) The acronym "NSOR" means the national database maintained by the Federal Bureau of Investigation pursuant to 42 U.S.C. §16919. (s) The "SMART Office" is The Office of sex Offender Sentencing. Monitoring, Apprehending, Registering, and Tracking, which was established within the United States Department of Justice under thc general authority of the Attorney General of the United States pursuant to 42 U.S.C. §16945. (t) The acronym NSOPW means the 1)ru Sjodin National Sex Offender Public Websitc (NSOPW). The public website maintained by the Attorney General of the United States pursuant to 42 U.S.C. §16920. (u) A "tier I sex offender", or a "sex offender" designated as "tier 1", is one who has been convicted of a "tier 1" sex offense as defined in Section 172113(a). (v) A "tier 2 sex offender", or a "sex offender" designated as "tier 2", is one who has been either convicted of a "tier 2" sex olTense as defined in Section 172113(b), or who is subject to the recidivist provision of Section 172IB(b)(1). (w) A "tier 3 sex offender", or a "sex offender" designated as "tier 3", is one who has been either convicted of a "tier 3" sex offense as defined in Section 1721B(c), or who is subject to the recidivist provision of Section 172113(c)(1). SECTION 2. A new Section 1721A titled "Covered Offenses" is added to read as follows: §172IA Covered Offenses All individuals who reside within the territory of the United States Virgin Islands, arc employed within the territory of the United Stales Virgin Islands or who attend school within the territory of the United Slates Virgin Islands. that have been convicted of any of the following offenses, or convicted of an attempt or conspiracy to commit any of the following offenses. arc subject to the requirements of this Chapter: (a) Virgin Islands Offenses: (1) 14 V.1.C. §1700 (Aggravated Rape) (2) 14 V.I.C. §1700a. ( Aggravated Rape in the Second Degree) EFTA00285881  (3) 14 V.I.C. §1701 (Rape in the First Degree) (4) 14 V.LC. §1702 (Rape in the Second Degree when minor is under 16 but over 13 years of age) (5) 14 V.I.C. §I708 (Unlawful Sexual Contact in the First Degree) (6) 14 V.I.C. §1709 (Unlawful Sexual Contact in the Second Degree) (7) 14 V.I.C. §§707 & 1709 (Use of intimidation by reason of the actual or perceived race, religion, color, place of birth, sex or ethnicity or handicap of another individual or group of individuals when engaging in unlawful sexual contact) (8) 14 V.I.C. §1024(bXDistribution of child pornography) (9) 14 V.1.C.§1025(Distribution of obscene matter to a minor when the obscene matter depicts a minor engaging in sexual conduct and is distributed for the purpose of enticing the minor into engaging in sexual conduct) (10) 14 V.I.C. §1027(Employment of a Minor to Perform Prohibited Acts) (II) 14 V.I.C. §1051 (False Imprisomnent and Kidnapping) of a minor, except by a parent or guardian) (12) 14 V.I.C. §1052(b) (Kidnapping of persons for the purpose of rape) (13) 14 V.I.C. §1622 (2), (3), (4) (Prohibition on solicitation and use of minors in Prostitution) (14) 14 V.LC. §1623 (Knowingly Leasing Property to be used for prostitution of minors) (15) 14 V.I.C. § 1624 (Keeping house of prostitution of minors) (16) 14 V.I.C. § 1625 (Prohibition on Pandering when pandering involves the use of minors in sexual acts) (17) 14 V.I.C. § 121 (AbductionXUse of invitation or device to prevail upon a person to visit any place for the purpose of prostitution of minors) (18) 14 V.I.C. §134(a)(3)(Trafficking of persons for illegal sexual activity based upon convictions under 14 V.1.C. §§1622, 1623,1624 &1625. (19) 14 V.I.C. §505 (Child abuse as defined in 14 V.I.C. §503(a) which involves the use of a minor Ibr the purpose of exploitation or to engage in sexual conduct) (20) 14 V.I.C. §506 (Aggravated child abuse when it involves the use of a minor for the purpose of exploitation or to engage in sexual conduct) (21) 14 V.I.C. §489 (Computer Pornography) (b) Federal Offenses. A conviction for any of the Ibllowing, and any other offense hereafter included in the definition of -sex offenses' at 42 U.S.C. § 16911(5): (1) 18 U.S.C. § 1591 (Sex Trafficking of Children), (2) 18 U.S.C. § 1801 (Video Voyeurism of a Minor), (3) 18 U.S.C. § 2241 (Aggravated Sexual Abuse), (4) 18 U.S.C. §2242 (Sexual Abuse), EFTA00285882  (5) 18 U.S.C. §2243 (Sexual Abuse of a Minor or ward), (6) 18 U.S.C. §2244 (Abusive Sexual Contact), (7) 18 U.S.C. §2245 (Offenses Resulting in Death), (8) 18 U.S.C. §2251 (Sexual Exploitation of Children), (9) 18 U.S.C. §2251A (Selling or Buying of Children). (10) 18 U.S.C. §2252 (Material Involving the Sexual Exploitation of a Minor), (11) 18 U.S.C. §2252A (Material Containing Child Pornography), (12) 18 U.S.C. §225213 (Misleading Domain Names on the Internet), (13) 18 U.S.C. §2252C (Misleading Words or Digital Images on the Internet), (14) 18 U.S.C. §2260 (Production of Sexually Explicit Depictions of a Minor for Import into the U.S.), (15) 18 U.S.C. §2421 (Transportation of a Minor for Illegal Sexual Activity), (16) 18 U.S.C. §2422 (Coercion and Enticement of a Minor for Illegal Sexual Activity), (17) IS U.S.C. §2423 (Mann Act). (18) 18 U.S.C. §2424 (Failure to File Factual Statement about an Alien Individual), (19) 18 U.S.C. §2425 (Transmitting Information about a Minor to fbrther Criminal Sexual Conduct). (c) Foreign Offenses. Any conviction for a sex ollbnse involving any conduct listed in this Section that was obtained under the laws of Canada, the United Kingdom, Australia. New Zealand, or under the laws of any lbrcign country when the United States State Department in its Country Reports on Human Rights Practices has concluded that an independent judiciary generally or vigorously enforced the right to a fair trial in that country during the year in which the conviction occurred. (d) Military Offenses. Any military offense specified by the Secretary of Defense under section 115(aX8)(('Xi) of Public Law 105-119 (codified at 10 U.S.C. 951 note). (e) Jurisdiction Offenses. Any sex offense committed in any jurisdiction, including this territory of the United States, that involves: (1) Any type or degree of genital, oral, or anal penetration (2) Any sexual touching of or sexual contact with a person's body, either directly or through the clothing, (3) Kidnapping of a minor, (4) False imprisonment of a minor. (5) Solicitation to engage a minor in sexual conduct understood broadly to include any direction, request. enticement, persuasion, or encouragement of a minor to engage in sexual conduct, EFTA00285883  (6) Use of a minor in a sexual performance, (7) Solicitation of a minor to practice prostitution, (8) Possession, production, or distribution of child pornography, (9) Criminal sexual conduct that involves physical contact with a minor or the use of the Internet to facilitate or attempt such conduct. This includes offenses whose elements involve the use of other persons in prostitution. such as pandering. procuring, or pimping in cases where the victim was a minor at the time of the offense. (10) Any conduct that by its nature is a sex offense against a minor, or (11) Any offense similar to those outlined in: i. IS U.S.C. §l591 (Sex Trafficking by force, fraud, or coercion), ii. 18 U.S.C. §1801 (Video Voyeurism of a minor), iii. 18 U.S.C. §2241 (Aggravated Sexual Abuse). iv. 18 U.S.C. §2242 (Sexual Abuse), v. 18 U.S.C. §2244 (Abusive Sexual Contact), vi. 18 U.S.C. §2422(bXeocreing a Minor to Engage in Prostitution), or vii. 18 U.S.C. §2423(a) (Transporting a Minor to Engage in Illicit Conduct). SECTION 3. A new Section 172113 titled "Tiered Offenses" is added to read as follows: *172111 Tiered Offenses (a) Tier I Offenses (1) A "Ticr 1" offense includes any sex offense for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that is not a "Fier 2" or "Tier 3" offimse. (2) A "Tier 1" offense also includes any offense for which a person has been convicted by any jurisdiction, local government, or qualifying foreign country pursuant to Section 172IA(c) that involves: (i) the false imprisonment of a minor, (ii) video voyeurism of a minor, or (iii) possession or receipt of child pornography. (3) Any sex offense covered by this act where punishment was limited to one year in jail shall be considered a "Tier I" sex offense. l.ocal Offenses covered in this Statute include, but may not be limited to,: (i) 14 V.LC. §1709, unless enhanced with 14 V.I.C. §707 (Usc of intimidation by reason of the actual or perceived race, religion, color. place of birth, sex or ethnicity or handicap of another individual or group of individuals when engaging in unlawfUl sexual contact) EFTA00285884  (ii) 14 V.I.C. § I21(use of invitation or device to prevail upon an adult to visit a place for the purpose of prostitution of a minor) (iii) 14 V.I.C. §1622(2),(3) &(4) (Prohibition on solicitation and use of minors in prostitution) (iv) 14 V.1.C. §1623 (Knowingly leasing property to be used for prostitution of minors) (v) 14 V.I.C. §1624 (Keeping house of prostitution of minors) (4) Conviction for any of the following federal offenses shall be considered a conviction for a "Tier I " offense: (i) 18 U.S.C. §1801 (video voyeurism of a minor), (ii) 18 U.S.C. §2252 (receipt or possession of child pornography), (iii )18 U.S.C. §2252A (receipt or possession of child pornography), (iv) 18 U.S.C. §225213 (misleading domain names on the internet), (v) 18 U.S.C. §2252C (misleading words or digital images on the internet), (vi )18 U.S.C. §2422(a) (coercion to engage in prostitution), (vii)18 U.S.C. §2423 (b) (travel with the intent to engage in illicit conduct), (viii) 18 U.S.C. §2423(c) (engaging in illicit conduct in foreign places), (ix) 18 U.S.C. §2423(d) (arranging inducing, procuring or facilitating the travel in interstate commerce of an adult for the purpose of engaging in illicit conduct for financial gain) (x) 18 U.S.C. §2424 (failure to file factual statement about an alien individual), or (xi)18 U.S.C. §2425 (transmitting information about a minor to further criminal sexual conduct). (5) Any military offense specified by the Secretary of Defense under section II 5(a)(8XC)(i) of Public Law 105-119 (codified at 10 U.S.C. §951 note) that is similar to those offenses outlined in Section 1721B(a)(3) and (4) shall be considered a "Tier 1" offense. (b) Tier 2 Offenses Unless otherwise covered by Section 172113(c), any sex offense that is not the first sex offense lbr which a person has been convicted and that is punishable by more than one year in jail is considered a "Tier 2" offense. (2) A - Tier 2" offense includes any sex offense against a minor for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that involves: (i) the use of minors in prostitution, including solicitations, (ii) enticing u minor to engage in criminal sexual activity. (iii) sexual contact with a minor 13 years of age or older, whether directly or indirectly through the clothing, that involves the intimate parts of the body, EFTA00285885  (iv) the use of a minor in a sexual performance, (v) the production or distribution of child pornography, (vi) a non-forcible Sexual Act with a minor 16 or 17 years old. (3) Local Offenses covered under Tier 2 include, but may not be limited to: (i) 14 V.I.C. §134(a)(3)(Trallicking of persons for illegal sexual activity based upon convictions under 14 V.1.C. §§1622, 1623,1624 &1625. (ii) 14 V.I.C. §1024(b)Distribution of child pornography) (iii) 14 V.I.C.§1025(Distribution of obscene matter to a minor when the obscene matter depicts a minor engaging in sexual conduct and is distributed for the purpose of enticing the minor into engaging in sexual conduct) (iv) 14 V.I.C. §1700a(Aggravatcd rape in the r d degree when the minor is under eighteen but thirteen years or older) (v) 14 V.1.C. §I702 (Rape in the Second Degree when minor is under 16 but over 13 years of age) (vi) 14 V.I.C. §121(use of invitation or device to prevail upon a minor to visit a place for the purpose of prostitution) (vii) 14 V.1.C.§1027(Employment of minor to perform prohibited acts) (viii) 14 V.I.C. §489 (Computer pornography) (4) Conviction for any of the following federal offenses shall be considered a conviction for a 'Tier 2" offense: (i) 18 U.S.C. §1591 (sex trafficking by force, fraud, or coercion), (ii) 18 U.S.C. §2244 (abusive sexual contact, where the victim is 13 years of age or older), (iii) 18 U.S.C. §2251 (sexual exploitation of children), (iv) 18 U.S.C. §225l A (selling or buying of children), (v) 18 U.S.C. §2252 (material involving the sexual exploitation of a minor), (vi) 18 U.S.C. §2252A (production or distribution of material containing child pornography), (vii) 18 U.S.C. §2260 (production of sexually explicit depictions of a minor for import into the United States), (viii) 18 U.S.C. §2421 (transportation of a minor for illegal sexual activity), (ix) 18 U.S.C. §2422(b) coercing a minor to engage in prostitution), (x) 18 U.S.C. §2423(a) (transporting a minor to engage in illicit conduct), or EFTA00285886  (xi) 18 U.S.C. §2423(d) (arranging. inducing procuring or facilitating the travel in interstate commerce of a minor for the purpose of engaging in illicit conduct for financial gain). (5) Any military offense specified by the Secretary of Defense under section 115(aX8)(CXi) of Public Law 105-119 (codified at 10 U.S.C. §951 note) that is similar to those offenses outlined in Subsections 17218(b)(1),(2), (3) or (4) above shall be considered a "Tier 2" offense. (c) Tier 3 Offenses (I) Any sex offense that is punishable by more than one year in jail where the offender has at least one prior conviction or an attempt or conspiracy to commit such an offense for a Tier 2 sex offense. or has previously become a Tier 2 sex offender, is a "Fier 3" offense. (2) A "'Pier 3" olTense includes any sex offense for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that involves: (i) non-parental kidnapping of a minor, (ii) a sexual act with another by force or threat, (iii) a sexual act with another who has been rendered unconscious or involuntarily drugged, or who is otherwise incapable of appraising the nature of the conduct or declining to participate, or (iv) sexual contact with a minor 12 years of age or younger, including offenses that cover sexual touching of or contact with the intimate parts of the body. either directly or through the clothing. (3) I.ocal Offenses covered under Tier 3 for which a person has been convicted, or has been convicted of an attempt or conspiracy to commit such an offense, include. but may not be limited to: (i) 14 V.LC. §1051(non-parental kidnapping of a minor) (ii) 14 V.I.C. §1052(b)(kidnapping of persons for purpose of rape) (iii) 14 V.I.C. §1700(Aggravated rape) (iv) 14 V.I.C. §1701(Rape in the first degree) (v) 14 V.I.C. §1700a (Aggravated rape in the second degree when force is used) (vi) 14 V.I.C. §1708 (Unlawful sexual contact in the first degree) (vii) 14 V.I.C. §1709 when a person is also convicted of 14 V.I.C. §707 (Unlawful sexual contact in the second degree EFTA00285887  when motivated by the victim's race, religion, color, place of birth, sex, ethnicity or handicap) (viii) 14 V.I.C. §506 (Aggravated child abuse when it involves the use of a minor for the purpose of exploitation or to engage in sexual conduct) (ix) 14 V.1.C. §1625 (Prohibition on pandering when the pandering involves the use of minors in sexual acts) (x) 14 V.I.C. §505 (child abuse of a minor involving sexual exploitation or sexual acts) (4) Conviction for any of the following federal offenses shall be considered conviction for a "Pier 3" offense: (i) 18 U.S.C. §2241 (aggravated sexual abuse), (ii) 18 U.S.C. §2242 (sexual abuse), (iii) Where the victim is 12 years of age or younger, 18 U.S.C. §2244 (abusive sexual contact) (iv) 18 U.S.C. §2243 (sexual abuse of a minor or ward). (5) Any military offense specified by the Secretary of Defense under section I15(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. §951 note) that is similar to those offenses outlined in Subsections 1721B(c)(1),(2), (3) or (4) above shall be considered a "Tier 3" offense. SECTION 4. Section 1722 of Title 14 of the Virgin Islands Code is amended in the following instances: (1) Subsection 1722(a) is replaced with the following language: (a) A person who is convicted in this Territory or in any state, territory or Indian tribe of the United States, any foreign jurisdiction or in any court of competent jurisdiction of any of the covered offenses included in Section 1721A or a similar offense to the covered offenses in 1721A who moves to or returns to this Territory from another jurisdiction for the purpose of establishing residency, employment, or becoming a student or who did not intend to but who eventually establishes residency, obtains employment or becomes a student within the jurisdiction of this Territory is required to register in this Terri tory. (2) Subsection 1722(1) is replaced with the following language: (b) A person who is required to register as a sex offender in any state, territory or Indian tribe of the United States, under federal law, under military law, under the law of any foreign jurisdiction or by order of any court of competent jurisdiction who moves to or returns to this Territory from another jurisdiction for the purpose of establishing EFTA00285888 residency, employment, or becoming a student or who did not intend to but who eventually establishes residency, obtains employment or becomes a student within the jurisdiction of this Territory is required to register in this Territory. (3) Subsection I722(c) is replaced with the following language: (c) fhc duty to register as a sex offender under this Chapter applies to persons convicted or adjudicated not guilty by reason of insanity, of any of the covered ofilenses listed in Section 1721A of this Chapter or similar offenses, as determined by: (1) A court of the Virgin Islands; (2) A court of any other jurisdiction olthe United States, including all 50 states, territories and Indian tribes; (3) A federal court of the United Slates; (4) A military court of the United States: and (5) A court of a foreign country in which a conviction was obtained in accordance with Section 1721A(c) of this Chapter. (4) Subsection 1722 (d) is deleted and Subsection 1722 (e) becomes the new 1722(d). SECTION 5. Section 1723 of Title 14 of the Virgin Islands Code is amended in the following instances: (1) Subsection 1723(a) is replaced with the following language: (a) Upon conviction of or the acceptance of a plea to any of the offenses set forth in this Chapter. the sentencing court shall certify that the person is a sex offender and in which tier the person will be placed. The sentencing court shall consider a report from the Sex Offender Registry Board, if any. prior to or during such certification and classification. The classification of a sex offender will be based upon the guidelines set forth in this Chapter. The court may include the certification in the order of commitment, if any, and judgment of conviction. The court may also advise the sex offender of his or her duties under this Chapter. Failure to include the certification in the order of commitment or the judgment of conviction shall not relieve a sex offender of the obligations imposed by this Chapter. (2) A new Subsection 1723(c) is added with the following language: (c) The Governor shall designate one of the members of the territorial board as chairman. The chairman shall be the executive and administrative head of the board and shall have the authority and responsibility ler directing assignments of the members of the board. EFTA00285889 Each member of the board, including the member designated as the chairman, shall serve until the member's term of office expires and a successor is designated in accordance with law, whichever first occurs. I lowever, any member of the Board may be removed for cause. Any member chosen to fill a vacancy occurring otherwise than by expiration of tam shall be appointed for the remainder of the unexpired term of the member whom he is to succeed. As long as there are three sitting members, a vacancy shall not impair the right of the remaining members to exercise the powers of the board. The Attorney General or a designee shall notify and advise the Board of its opportunity to file a report when a conviction or the acceptance of a plea occurs for any of the offenses covered in this Chapter. The Attorney General or a designee shall also notify the Board of the time frame within which a pm-sentence report must be submitted to the court. Upon the Board's determination that a report will be submitted, the report shall be submitted to tlx: Office of Probation and Parole prior to sentencing for inclusion with the pre sentencing report. (3) A new Subsection 1723(d) is added with the following language: (d) The territorial board shall meet at least four (4) times per year and whenever the need arises. The board shall have the following powers and duties: (1) to provide reports to the sentencing court regarding convicted sex offenders (2) to assist the Attorney General in promulgating guidelines for the registering, monitoring, and tracking of sex offenders (3) to review and report to the Attorney General on the types of treatment available to a sex offender while he or she is incarcerated in the territory (4) upon the request of a tier I sex offender for a reduction in the required registration period, to make recommendations to the Attorney General regarding such request which includes a determination on the risk of re-offense and the degree of dangerousness a sex offender poses to the community. (5) to make assessments and recommendations to the parole board. prior to release on parole. regarding the risk of re-ollimse and the degree of dangerousness a sex offender poses to the community. (6) Consider the following factors when making a determinations on (3) and (4) above: EFTA00285890 (A) criminal history !actors indicative of a high risk of re- offense and degree of dangerousness posed to the public, including: whether the sex offender has a mental abnormality; (ii) whether the sex olli:nder's conduct is characterized by repetitive and compulsive behavior; (iii) whether the sex offender was an adult who committed a sex offense on a child: (iv) the age of the sex offender at the time of the commission of the first sex offense; (v) whether the sex offender has been adjudicated to be a sexually dangerous person or is a person released from civil commitment; and (vi) whether the sex offender served the maximum term of incarceration; (B) other criminal history factors to be considered in determining risk and degree of dangerousness, including: the relationship between the sex offender and the victim; (ii) whether the offense involved the used of a weapon, violence or infliction of bodily injury; (iii) the number, date and nature of prior offenses; (C) physical conditions that minimize risk of re-ofMnse including, but not limited to, debilitating illness; (I)) whether the sex offender was a juvenile when he committed the offense, his response to treatment and subsequent criminal history; (H) whether psychological or psychiatric profiles indicate a risk of recidivism; (F) the sex offender's history of alcohol or substance abuse; (G) recent threats against persons or expressions of intent to commit additional offenses; (II) review of any victim impact statement; (I) review of any materials submitted by the sex offender, his attorney or others on behalf of such offender; (J) conditions of release that minimize risk of re-offense and degree of dangerousness posed to the public, including whether the sex offender will be under probation or parole supervision, whether such sex offender is receiving counseling, therapy or treatment and whether such sex offender will be residing in a home situation that provides guidance and supervision, including sex offender-specific treatment in a community-based residential program; EFTA00285891  (K) the sex offender's participation in sex offender treatment and counseling while incarcerated and his response to such treatment or counseling: (L) recent behavior, including behavior while incarcerated or while supervised on probation or parole. (7) to assist the Attorney General in developing a plan to locate and verify the current addresses of sex offenders (8) to assist the Attorney General with disseminating sex offender registry information and educating the community about sex offenders (9) to gather up-to-date information and report to the Attorney General concerning any new requirements and trends regarding the registration. tracking and monitoring of sex offenders (10) to provide advice to the Attorney General regarding policies and procedures for the registration, tracking and monitoring of sex offenders SECTION 6. Section 1724 of Title 14 of the Virgin Islands Code is amended in the following instances: (1) Subsection 1724(a) introductory paragraph is replaced with the following language: (a) A sex offender required to register in this territory of the United States Virgin Islands under this Chapter shall appear in person. unless otherwise required, in accordance with the policies and procedures of the Department of Justice, to register with the Department of Justice on forms provided by the Attorney General of the United States Virgin Islands and shall do so in the following timelhtme: (2) Subsection 1724(a)(1) is amended to delete the language appearing after "Shall register" and replacing it with the language "within three (3) business days" Section 1724(a)(1) will then read as follows: (1) A person requircd to register and who is under supervision in the community on probation, parole, furlough, work release, or a similar program shall register within three (3) business days of being placed under supervision. (3) Subsection 1724 (a)(2) is replaced with the following language: (2) A person convicted by the courts of this territory for a covered sex offense and incarcerated or confined in a correctional or juvenile facility or a EFTA00285892  psychiatric facility within or outside of this territory must register before being released from incarceration or detention. (4) Subsection 1724 (a)(3) is replaced with the following language: (3) A person convicted by the courts of this territory for a covered sex offense but is not incarcerated, under supervision or confined must register within three (3) business days of sentencing. (5) Subsection 1724 (a)(4) is replaced with the following language: (4) A person who is convicted in any state, territory or Indian tribe of the United States, any foreign jurisdiction or in any federal or military court of one of the covered offenses or an offense similar to one of the covered offenses who moves to or returns to the United States Virgin Islands from another jurisdiction for the purpose of establishing residency, employment, or becoming a student or who did not intend to but who eventually establishes residency, obtains employment or becomes a student within the jurisdiction of this territory shall register within three (3) business days of moving to or returning to the Territory. (6) Subsection 1724(b) is deleted and replaced with the following language: (h) All sex offenders required to register in this jurisdiction shall immediately appear in person at the Department of Justice to report the following changes within the prescribed time period and in accordance with the following: (1) Except as indicated in 1724(b)(4) below, all sex offenders required to register in this jurisdiction shall appear in person at the Department of Justice within three (3) business days after a change is made to update any changes to their name, residence (including termination of residency), temporary lodging information, vehicle information, internet identifiers, or telephone numbers. In the event of a change in temporary lodging, all sex offenders required to register in this jurisdiction shall within three (3) business days inform the Department of Justice, in person, of any changes to their temporary lodging information and both the sex offender and the Department of Justice shall notify within three (3) business days the jurisdiction in which the sex offender will be temporarily staying. (2) Any sex offender who is a student in any capacity including, but not limited to, an intern or apprentice within the jurisdiction of the territory of the United States Virgin Islands, regardless of location, that changes their school, or otherwise terminates their schooling, or resumes their schooling shall within three (3) business days appear in person at the Department of Justice to update that information. The EFTA00285893  Department of Justice shall ensure that each jurisdiction in which the sex offender is required to register, or was required to register prior to the updated inliwmation being given, arc notified within three (3) business days of the change. (3) Any sex offender who is employed in the territory of the United States Virgin Islands in any capacity, including, but not limited to the Government of the Virgin Islands or a private employer or is otherwise employed within the territory of the United States Virgin Islands, regardless of location, that changes their employment, or otherwise terminates their employment, shall appear within three (3) business days in person at the Department of Justice to update that information. The Department of Justice shall ensure that each jurisdiction in which the sex offender is required to register prior to the updated information being given, arc notified within three (3) business days of the change. (4) All sex offenders required to register in this jurisdiction shall appear in person at the Department of Justice at least twenty one (21) calendar days prior to any intended travel outside of the United States and provide information about their intended travel as may be required by the Attorney General. (7) Subsection 1724 (c) is replaced with the following language: (e) Before moving from the United States Virgin Islands to another jurisdiction within the United States, a person required to register shall register his new address. temporary or permanent, with the Department of Justice before he leaves the territory. Upon arriving in the new state, territory or Indian tribe, a person required to register shall report said arrival to the Department of Justice and register with the agency responsible for registering sex offenders in the new state, territory or Indian tribe of residency within three (3) days of his arrival. The registration information of that person will be removed from the Virgin Islands registry when proof is provided showing that he is registered in the new state, territory or Indian tribe. If a person required to register moves to a foreign country, he must register his new address with the Department of Justice before he leaves the territory and register in the foreign country if there is a registration requirement in that country. (8) Subsection 1724(d) is replaced with the following language: (d) A sex offender who is required to register shall, at a minimum, appear in person at the Department of Justice for the purposes of verification and keeping their registration current in accordance with the following time frames: (1) For "Tier 1" offenders, once every year for 15 years from the time of release from custody for a sex offender who is incarcerated for EFTA00285894  the registration offense or from the date of sentencing for a sex offender who is not incarcerated for the registration offense. (2) For a "Tier 2" offenders, once every 180 days for 25 years from the time of release from custody for a sex offender who is incarcerated for the registration offense or from the date of sentencing for a sex offender who is not incarcerated for the registration offense. (3) For "Tier 3" offenders, once every 90 days for the rest of their lives. (4) For sex offenders classified in Tier 1, Tier 2 or Tier 3 who are homeless, once every week for the period of years prescribed above based upon his or her tier classification until he or she declares a perman