Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 032 - PROCEDURE AND CRITERIA FOR OBTAINING AN EXEMPTION FROM THE SEX OFFENDER INTERNET REGISTRY - OUT OF STATE CONVICTIONS › Section 13 130 032 - PROCEDURE AND CRITERIA FOR OBTAINING AN EXEMPTION FROM THE SEX OFFENDER INTERNET REGISTRY - OUT OF STATE CONVICTIONS

Current through June, 2024
Section 1 Authority
010 , No. 66, §
										4, eff.
				  July 1, 2010;
				  13 V.S.A. §
											5401, Subchapter 3 of Chapter 167 et seq.,
				  "Sex Offender Registration; Law Enforcement Notification".
Section 2 Purpose
The purpose of this administrative rule is to expand the list
				  of sex offenders who are eligible to petition for an exemption under §
										11(3)(C)
				  of Act 58 of the 2009 legislative session, granting an exemption from the Sex
				  Offender Internet Registry to eligible offenders who have successfully
				  reintegrated into the community.
Section
				3 Applicability/Accessibility
This rule is applicable to all individuals and groups
				  affected by the operations of the Vermont Department of Corrections, the Sex
				  Offender Registry, and the Vermont Criminal Information Center. Anyone may have
				  access to this rule.
Section
				4 Definitions
Commissioner: The Commissioner of the Department of
				  Corrections.
Department: The Department of Corrections.
Eligible Offender: A person, convicted of a sexual crime
				  prior to July 1, 2009 in any jurisdiction of the United States other than
				  Vermont, including a state, territory, commonwealth, the District of Columbia,
				  or military, federal, or tribal court who is not under the supervision of the
				  Vermont Department of Corrections and whose conviction requires compliance with
				  the terms of subchapter 3 of chapter 167 of Title 13.
Index Offense: The offense(s) that require(s) compliance with
				  the terms of subchapter 3 of chapter 167 of Title 13.
Petition: The application form and supplemental materials
				  that must be filed by an eligible offender with the Sex Offender Review
				  Committee in order to be considered for an exemption from the Sex Offender
				  Internet Registry. An incomplete petition will not be considered.
Sex Offender Review Committee: The Committee established in
				  Section
				  5 of the
				  Department of Corrections APA Rule #05-013, Determination of High Risk and
				  Failure to Comply with Treatment for Purposes of Sex Offender Internet
				  Registry.
Sex Offender Internet Registry: The database of information,
				  maintained by the Department of Public Safety pursuant to
				  13 V.S.A.
				  §
											5411(a), that is
				  publicly accessible through the Internet.
Section 5 Policy
a. The Commissioner will review all
				determinations of the Sex Offender Review Committee on offender petitions for
				exemption from the Sex Offender Internet Registry.
b. The Commissioner will consider the
				decision of the Sex Offender Review Committee using the following criteria to
				assess whether the eligible offender has successfully reintegrated into the
				community.
i. Whether the offender has any
				charges, plea agreements, or convictions for a period of five (5) years prior
				to the effective date of the final version of this rule, of any of the
				following:
a) A felony offense
b) An offense with a sexual element
c) A furlough/probation/parole/protection
				order violation;
ii.
				Whether the offender has complied with, and successfully completed all
				treatment recommended by any jurisdiction in which a prior offense was
				committed;
iii. Whether the
				offender has any sex offense convictions in any jurisdiction prior to the index
				offense;
iv. Whether the offender's
				family and other social supports are positive and prosocial;
v. Whether the offender's employment and
				residence status are stable.
c. If an eligible offender is included on a
				Sex Offender Internet Registry in another jurisdiction, the offender will not
				be entitled to an exemption under this rule unless one (1) of the two (2)
				criteria below applies. The offender will not be posted on the Vermont Internet
				Registry, per 13 V.S.A § 541 la, if:
- The offender's index offense was a misdemeanor punishable
				  by less than six (6) months of imprisonment, or
- The offender's index offense was a criminal act solely due
				  to the age of the victim and the offender was under the age of eighteen (18)
				  and the victim at least twelve (12) years old at the time of the
				  offense.