§ 584 Information
Required on Registration – Form – Notice of Address Change –
Maintenance of Files – Availability
A. Any registration with the Department of Corrections required
by the Sex Offenders Registration Act shall be in a form approved
by the Department and shall include the following information about
the person registering:
1. The name of the person and all aliases used or under which
the person has been known;
2. A complete description of the person, including a photograph
and fingerprints, and when requested by the Department of
Corrections, such registrant shall submit to a blood or saliva test
for purposes of a deoxyribonucleic acid (DNA) profile. Submission
to testing for individuals registering shall be within thirty (30)
days of registration. Registrants who already have valid samples on
file in the Oklahoma State Bureau of Investigation (OSBI) DNA
Offender Database shall not be required to submit duplicate samples
for testing;
3. The offenses listed in Section 582 of this title for which
the person has been convicted or the person received a suspended
sentence or any form of probation, where the offense was committed,
where the person was convicted or received the suspended sentence
or any form of probation, and the name under which the person was
convicted or received the suspended sentence or probation;
4. The name and location of each hospital or penal institution
to which the person was committed for each offense listed in
Section 582 of this title;
5. Where the person previously resided, where the person
currently resides including a mappable address and a zip code, how
long the person has resided there, how long the person expects to
reside there, and how long the person expects to remain in the
county and in this state. The address of the residence shall be a
physical address, not a post office box. The Department of
Corrections shall conduct address verification of each registered
sex offender as follows:
a. on an annual basis, if the numeric risk level of the person
is one, or
b. on a semiannual basis, if the numeric risk level of the
person is two.
The Department of Corrections shall mail a nonforwardable
verification form to the last-reported address of the person. The
person shall return the verification form in person to the local
law enforcement authority of that jurisdiction within ten (10) days
after receipt of the form and may be photographed by the local law
enforcement authority at that time. The local law enforcement
authority shall require the person to produce proof of the identity
of the person and a current mappable address with a zip code. Upon
confirming the information contained within the verification form,
the local law enforcement authority shall forward the form to the
Department of Corrections within three (3) days after receipt of
the form. The verification form shall be signed by the person and
state the current address of the person. Failure to return the
verification form shall be a violation of the Sex Offenders
Registration Act. If the offender has been determined to be a
habitual or aggravated sex offender by the Department of
Corrections or has been assigned a level assignment of three, the
address verification shall be conducted every ninety (90) days. The
Department of Corrections shall notify the office of the district
attorney and local law enforcement authority of the appropriate
county, within forty-five (45) days if unable to verify the address
of a sex offender. A local law enforcement authority may notify the
office of the district attorney whenever it comes to the attention
of the local law enforcement authority that a sex offender is not
in compliance with any provisions of Section 581 et seq. of this
title. A local law enforcement authority designated as the primary
registration authority of the person may, at any time, mail a
nonforwardable verification form to the last-reported address of
the person. The person shall return the verification form in person
to the local law enforcement authority that mailed the form within
ten (10) days after receipt of the form. The local law enforcement
authority shall require the person to produce proof of the identity
of the person and a current mappable address with a zip code;
6. The name and address of any school where the person expects
to become or is enrolled or employed for any length of time;
7. A description of all occupants residing with the person
registering, including, but not limited to, name, date of birth,
gender, relation to the person registering, and how long the
occupant has resided there;
8. The level assignment of the person; and
9. Any electronic mail address information, instant message,
chat or other Internet communication name or identity information
that the person uses or intends to use while accessing the Internet
or used for other purposes of social networking or other similar
Internet communication.
B. Conviction data and fingerprints shall be promptly
transmitted at the time of registration to the Oklahoma State
Bureau of Investigation (OSBI) and the Federal Bureau of
Investigation (FBI) if the state has not previously sent the
information at the time of conviction.
C. Any person subject to the provisions of the Sex Offenders
Registration Act or the Mary Rippy Act, who has an out-of-state
conviction that requires registration, shall provide the local law
enforcement authority where the offender intends to reside with a
certified copy of the offender’s judgment and sentencing report
within sixty (60) days of the offender’s initial registration with
this state. If an offender moves to a different location in this
state outside of the jurisdiction of the law enforcement authority
that has a certified copy of the judgment and sentencing report,
the offender shall provide the local law enforcement authority of
the new location where the offender intends to reside with a
certified copy of the judgment and sentencing report within sixty
(60) days of establishing residency in the new location.
Upon the effective date of this act, the Department of
Corrections shall notify by regular first-class mail to the
registered addresses in the sex offender registry all offenders
required to register in this state that have an out-of-state
conviction to obtain a certified copy of the offender’s judgment
and sentencing report and file it with the local law enforcement
authority in which the offender resides within one hundred twenty
(120) days of receipt of the mailed notice.
D. The registration with the local law enforcement authority
required by the Sex Offenders Registration Act shall be in a form
approved by the local law enforcement authority and shall include
the following information about the person registering:
1. The full name of the person, alias, date of birth, sex, race,
height, weight, eye color, social security number, driver license
number, and a mappable home address with a zip code. The home
address shall be a physical address, not a post office box;
2. A description of the offense for which the offender was
convicted, the date of the conviction, and the sentence imposed, if
applicable;
3. A photocopy of the driver license of the person;
4. The level assignment of the person.
For purposes of this section, “local law enforcement authority”
means:
a. the municipal police department, if the person resides or
intends to reside or stay within the jurisdiction of any
municipality of this state, or
b. the county sheriff, if the person resides or intends to
reside or stay at any place outside the jurisdiction of any
municipality within this state, and
c. the police or security department of any institution of
higher learning within this state if the person:
(1) enrolls as a full-time or part-time student,
(2) is a full-time or part-time employee at an institution of
higher learning, or
(3) resides or intends to reside or stay on any property owned
or controlled by the institution of higher learning; and
5. Any electronic mail address information, instant message,
chat or other Internet communication name or identity information
that the person uses or intends to use while accessing the Internet
or used for other purposes of social networking or other similar
Internet communication.
E. Any person subject to the provisions of the Sex Offenders
Registration Act who changes address, employment or student
enrollment status shall appear in person and give notification to
the Department of Corrections and the local law enforcement
authority of the change of address and the new mappable address
with zip code, the change of employment or the change of student
enrollment status no later than three (3) business days prior to
the abandonment of or move from the current address or, in the case
of change of employment or student enrollment, within three (3)
business days of such change. The address given to the Department
of Corrections and the local law enforcement authority shall be a
physical address, not a post office box. If the new address,
employment or student enrollment is under the jurisdiction of a
different local law enforcement authority:
1. The Department of Corrections and the local law enforcement
authority shall notify the new local law enforcement authority by
teletype or electronic transmission of the change of address,
employment or student enrollment status;
2. The offender shall notify the new local law enforcement
authority of any previous registration; and
3. The new local law enforcement authority shall notify the most
recent registering agency by teletype or electronic transmission of
the change in address, employment or student enrollment status of
the offender. If the new address is in another state the Department
of Corrections shall promptly notify the agency responsible for
registration in that state of the new address of the offender.
F. Any person registered as a sex offender, pursuant to the Sex
Offenders Registration Act, who has provided a post office box as
an address shall be contacted by local law enforcement and required
to provide a physical address.
G. Any person subject to the provisions of the Sex Offenders
Registration Act who is unable to provide a mappable address with a
zip code to the Department of Corrections or local law enforcement
authority as required in subsections A, C and D of this section and
registers as a transient shall report in person to the nearest
local law enforcement authority every seven (7) days and provide to
the local law enforcement authority the approximate location of
where the person is staying and where the person plans to stay.
H. The Department of Corrections shall maintain a file of all
sex offender registrations. A copy of the information contained in
the registration shall promptly be available to state, county and
municipal law enforcement agencies, the State Superintendent of
Public Instruction, the State Commissioner of Health, and the
National Sex Offender Registry maintained by the Federal Bureau of
Investigation. The file shall promptly be made available for public
inspection or copying pursuant to rules promulgated by the
Department of Corrections and may be made available through
Internet access. The Department of Corrections shall promptly
provide all municipal police departments, all county sheriff
departments and all campus police departments a list of those sex
offenders registered and living in their county.
I. The Department of Corrections shall, upon the request of any
Internet entity, release to such entity any information required
pursuant to paragraph 9 of subsection A of this section or
paragraph 5 of subsection D of this section that would enable the
Internet entity to prescreen or remove sex offenders from its
services or, in conformity with state and federal law, advise law
enforcement or other governmental entities of potential violations
of law or threats to public safety. Before releasing information to
an Internet entity the Department shall require an Internet entity
that requests information to submit to the Department the name,
address and telephone number of such entity and the specific legal
nature and corporate status of such entity. Except for the purposes
specified in this subsection, an Internet entity shall not publish
or in any way disclose or redisclose any information provided to it
by the Department pursuant to this subsection. The Department shall
update any information released pursuant to this subsection on a
monthly basis to ensure that the information of every individual
that has been removed from the sex offender registry in this state
is no longer released pursuant to this subsection. The Department
may charge the Internet entity a fee for access to information
pursuant to this subsection. The Department shall promulgate any
rules necessary to implement the provisions of this subsection. As
used in this subsection “Internet entity” means any business,
organization or other entity providing or offering a service over
the Internet which permits persons under eighteen (18) years of age
to access, meet, congregate or communicate with other users for the
purpose of social networking. This definition shall not include
general e-mail services.
J. The Superintendent of Public Instruction is authorized to
copy and shall distribute information from the sex offender
registry to school districts and individual public and private
schools within the state with a notice using the following or
similar language: “A person whose name appears on this registry has
been convicted of a sex offense. Continuing to employ a person
whose name appears on this registry may result in civil liability
for the employer or criminal prosecution pursuant to Section 589 of
Title 57 of the Oklahoma Statutes.”
K. The State Commissioner of Health is authorized to distribute
information from the sex offender registry to any nursing home or
long-term care facility. Nothing in this subsection shall be deemed
to impose any liability upon or give rise to a cause of action
against any person, agency, organization, or company for failing to
release information in accordance with the Sex Offenders
Registration Act.
L. Each local law enforcement authority shall make its sex
offender registry available upon request, without restriction, at a
cost that is no more than what is charged for other records
provided by the local law enforcement authority pursuant to the
Oklahoma Open Records Act.
When a local law enforcement authority sends a copy of or
otherwise makes the sex offender registry available to any public
or private school offering any combination of prekindergarten
through twelfth grade classes or child care facility licensed by
the state, the agency shall provide a notice using the following or
similar language: “A person whose name appears on this registry has
been convicted of a sex offense. Continuing to employ a person
whose name appears on this registry may result in civil liability
for the employer or criminal prosecution pursuant to Section 589 of
Title 57 of the Oklahoma Statutes.”
M. Samples of blood or saliva for DNA testing required by
subsection A of this section shall be taken by employees or
contractors of the Department of Corrections. Said individuals
shall be properly trained to collect blood or saliva samples.
Persons collecting samples for DNA testing pursuant to this section
shall be immune from civil liabilities arising from this activity.
The Department of Corrections shall ensure the collection of
samples is mailed to the Oklahoma State Bureau of Investigation
(OSBI) within ten (10) days of the time the subject appears for
testing. The Department shall use sample kits provided by the OSBI
and procedures promulgated by the OSBI. Persons subject to DNA
testing pursuant to this section shall be required to pay to the
Department of Corrections a fee of Fifteen Dollars ($15.00). Any
fees collected pursuant to this subsection shall be deposited in
the Department of Corrections revolving account.
N. 1. Any person who has been convicted of or received a
suspended sentence or any probationary term, including a deferred
sentence imposed in violation of subsection G of Section 991c of
Title 22 of the Oklahoma Statutes, for any crime listed in Section
582 of this title and:
a. who is subsequently convicted of a crime or an attempt to
commit a crime listed in subsection A of Section 582 of this title,
or
b. who enters this state after November 1, 1997, and who has
been convicted of an additional crime or attempted crime which, if
committed or attempted in this state, would be a crime or an
attempt to commit a crime provided for in subsection A of Section
582 of this title,
shall be subject to all of the registration requirements of the
Sex Offenders Registration Act and shall be designated by the
Department of Corrections as a habitual sex offender. A habitual
sex offender shall be required to register for the lifetime of the
habitual sex offender.
2. On or after November 1, 1999, any person who has been
convicted of a crime or an attempt to commit a crime, received a
suspended sentence or any probationary term, including a deferred
sentence imposed in violation of subsection G of Section 991c of
Title 22 of the Oklahoma Statutes, for a crime provided for in
Section 843.5 of Title 21 of the Oklahoma Statutes, if the offense
involved sexual abuse or sexual exploitation as these terms are
defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes,
Section 885, 888, 1111.1, 1114 or 1123 of Title 21 of the Oklahoma
Statutes shall be subject to all the registration requirements of
the Sex Offenders Registration Act and shall be designated by the
Department of Corrections as an aggravated sex offender. An
aggravated sex offender shall be required to register for the
lifetime of the aggravated sex offender.
3. Upon registration of any person designated as a habitual or
aggravated sex offender, pursuant to this subsection, a local law
enforcement authority shall notify, by any method of communication
it deems appropriate, anyone that the local law enforcement
authority determines appropriate, including, but not limited
to:
a. the family of the habitual or aggravated sex offender,
b. any prior victim of the habitual or aggravated sex
offender,
c. residential neighbors and churches, community parks, schools,
convenience stores, businesses and other places that children or
other potential victims may frequent, and
d. a nursing facility, a specialized facility, a residential
care home, a continuum-of-care facility, an assisted living center,
and an adult day care facility.
4. The notification may include, but is not limited to, the
following information:
a. the name and physical address of the habitual or aggravated
sex offender,
b. a physical description of the habitual or aggravated sex
offender, including, but not limited to, age, height, weight and
eye and hair color,
c. a description of the vehicle that the habitual or aggravated
sex offender is known to drive,
d. any conditions or restrictions upon the probation, parole or
conditional release of the habitual or aggravated sex offender,
e. a description of the primary and secondary targets of the
habitual or aggravated sex offender,
f. a description of the method of offense of the habitual or
aggravated sex offender,
g. a current photograph of the habitual or aggravated sex
offender,
h. the name and telephone number of the probation or parole
officer of the habitual or aggravated sex offender, and
i. the level assignment of the person.
5. The local law enforcement authority shall make the
notification provided for in this subsection regarding a habitual
or aggravated sex offender available to any person upon
request.
O. If the probation and parole officer supervising a person
subject to registration receives information to the effect that the
status of the person has changed in any manner that affects proper
supervision of the person including, but not limited to, a change
in the physical health of the person, address, employment, or
educational status, higher educational status, incarceration, or
terms of release, the supervising officer or administrator shall
notify the appropriate local law enforcement authority or
authorities of that change.
P. Public officials, public employees, and public agencies are
immune from civil liability for good faith conduct under any
provision of the Sex Offenders Registration Act.
1. Nothing in the Sex Offenders Registration Act shall be deemed
to impose any liability upon or to give rise to a cause of action
against any public official, public employee, or public agency for
releasing information to the public or for failing to release
information in accordance with the Sex Offenders Registration
Act.
2. Nothing in this section shall be construed to prevent law
enforcement officers from notifying members of the public of any
persons that pose a danger under circumstances that are not
enumerated in the Sex Offenders Registration Act.
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