Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 025 - ADMINISTRATIVE RULE ON DETERMINATION OF HIGH RISK AND FAILURE TO COMPLY WITH TREATMENT FOR PURPOSES OF SEX OFFENDER INTERNET REGISTRY › Section 13 130 025 - ADMINISTRATIVE RULE ON DETERMINATION OF HIGH RISK AND FAILURE TO COMPLY WITH TREATMENT FOR PURPOSES OF SEX OFFENDER INTERNET REGISTRY

Current through June, 2024
Section 1 AUTHORITY
3 VSA Chapter 167, Subchapter 3, Sex Offender Registration;
				  Title 13, §
										5401 to
				  5412; Act No.
				  157 of the 2003-2004 legislative session. The law requires sex offenders
				  convicted in the State of Vermont after July 1, 1996, as well as those
				  convicted in any state before July 1, 1996 who were supervised in the community
				  by the Commissioner of Corrections as of July 1, 1996, to register with the Sex
				  Offender Registry. The Sex Offender Registry has been established at the
				  Vermont Criminal Information Center (VCIC) in the Department of Public Safety
				  1.1 The law also requires, for purposes of the Sex Offender Internet Registry,
				  that the Department of Corrections determine if an offender is high risk and in
				  compliance or non-compliance with Department of Corrections' treatment
				  expectations.
Section 2
				PURPOSE
To establish the process for the designation of high risk
				  offenders and determination of offenders' compliance or lack of compliance with
				  DOC sex offender treatment expectations.
Section 3 DEFINITIONS
3.1 Commissioner: Commissioner of
				Corrections.
3.2 DOC: The
				Department of Corrections.
3.3
				Department: The Department of Public Safety (includes VCIC)
3.4 Risk: statutorily defined as the degree
				of dangerousness that a sex offender poses to others. Dangerousness includes
				the probability of a sexual offense.
3.5 High Risk: statutorily defined as a high
				degree of dangerousness that a sex offender poses to others. Dangerousness
				includes the probability of a sexual offense.
3.6 Designation of High Risk: indicates the
				Department of Corrections' belief that the offender poses a high degree of
				dangerousness to others.
3.7 Sex
				Offender: "Sex offender" means sex offender as defined in Vermont statute;
				reflected in 13 VSA chapter 167, subchapter 3, §
										5401(10)
				as follows:
3.7.1. A person who is convicted
				of any of the following offenses:
a. sexual
				assault as defined in
				13 VSA §
													3252;
b. aggravated sexual assault as defined in
				13 VSA §
													3253;
c. lewd and lascivious conduct as defined in
				13 VSA §
													2601;
d. sexual activity by a care giver as defined
				in 13 VSA § 6913(d);
e. an
				attempt to commit any offense listed in this subdivision.
3.7.2 A person who is convicted of any of the
				following offenses against a victim who is a minor:
a. any offense listed in subdivision (3.7.1)
				above;
b. kidnapping as defined in
				13 VSA §
													2405(a)(1)(D);
c. lewd and lascivious conduct with a child
				as defined in
				13 VSA §
													2602;
d. white slave traffic as defined in
				13 VSA §
													2635
e. sexual exploitation of children as defined
				in 13 VSA § 2822-2828 chapter 64;
f. procurement or solicitation as defined in
				13 VSA §
													2632(a)(6); or
g. an attempt to commit any offense listed in
				this subdivision; except that for purposes of this subdivision, conduct which
				is criminal only because of the age of the victim shall not be considered a
				criminal offense if the perpetrator is under the age of 18.
3.7.3 A person who takes up
				residence within this state, other than within a correctional facility, and who
				has been convicted in any jurisdiction within the United States, including a
				state territory, commonwealth, the District of Columbia or military court, for
				a sex crime the elements of which would constitute a crime under subdivision
				(10) (a) or (b) of this section if committed in this state.
3.7.4 visitor to Vermont who is in this state
				for a period of at least 10 consecutive days or 30 days during any calendar
				year and who has been convicted in any jurisdiction of the United States,
				including a state, territory, commonwealth, the District of Columbia, or
				military, federal or tribal court, for a sex crime the elements of which would
				constitute a crime under this section if committed in this
				state.
3.8 Sex Offender
				Internet Registry: The sex offender registry is posted to the internet
				maintained by the Vermont Crime Information Center (VCIC) at the Department of
				Public Safety.
3.9 Sex Offender
				Review Committee: A committee of five (5) people appointed by the Commissioner
				of Corrections to determine if referred cases meet the designation of high-risk
				established in statute for purposes of internet registration.
3.10 Sex Offender Treatment Programs:
				Treatment programs that are contracted by DOC to provide sex offender
				treatment.