Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 030 - PROCEDURE AND CRITERIA FOR OBTAINING AN EXEMPTION FROM THE SEX OFFENDER INTERNET REGISTRY › Section 13 130 030 - PROCEDURE AND CRITERIA FOR OBTAINING AN EXEMPTION FROM THE SEX OFFENDER INTERNET REGISTRY

Current through June, 2024
Section 1 Authority
009 , No. 58, §
										11(3)(C),
				  eff. July 1, 2009.
				  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 establish the
				  criteria for the Commissioner of the Department of Corrections to apply when
				  reviewing decisions of the Sex Offender Review Committee, 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 the State of Vermont that requires compliance with the
				  terms of subchapter 3 of chapter 167 of Title 13, and who:
a. is no longer under Department supervision;
OR
b. is
				still under Department supervision and has
i.
				a conviction of lewd and lascivious conduct with a child in violation of
				13 V.S.A. §
												2602,
OR
ii. two
				(2) convictions for voyeurism in violation of
				13 V.S.A. §
												2605(b) or
				(c).
Sex offenders on the Vermont Sex Offender Internet Registry
				  as of July 1, 2009 and those who have been designated as sexually violent
				  predators under
				  13
				  V.S.A. §
													5405 are excluded from this
				  definition regardless of whether they meet any or all of the elements
				  above.
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.