§ 57-595. Form – Information required – Address verification – Notification of address change – Notification if address not verified – Transmission and availability of data – DNA testing – Habitual violent crime offender registration.

A.  Any registration with the Department of Corrections required by the Mary Rippy Violent Crime 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 the registrant shall submit to a blood or saliva test for purposes of a deoxyribonucleic acid (DNA) profile.  Submission to DNA testing shall be within thirty (30) days of notification by the Department.  Registrants who already have valid DNA 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 offense for which the person is required to register pursuant to the Mary Rippy Violent Crime Offenders Registration Act, where the offense was committed, where the person was convicted or received the deferred or suspended sentence, and the name under which the person was convicted or received the sentence;

4.  The name and location of each hospital or penal institution to which the person was committed for each offense subject to this act;

5.  Where the person previously resided, where the person currently resides, 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; and

6.  The name and address of any school where the person expects to enroll or is enrolled or employed for any length of time.

B.  The Department of Corrections shall conduct address verification of each registered violent crime offender on an annual basis by mailing 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 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 Mary Rippy Violent Crime Offenders Registration Act.  The Department of Corrections shall have the authority to determine whether a person registered is a habitual violent offender.  If the offender has been determined to be a habitual violent offender by the Department of Corrections, the address verification shall be conducted every ninety (90) days.

C.  Any person subject to the provisions of the Mary Rippy Violent Crime Offenders Registration Act who changes an address shall give written notification to the Department of Corrections and the local law enforcement authority of the change of address and the new address no later than three (3) business days prior to the abandonment of or move from the current address.  If the new address is under the jurisdiction of a different local law enforcement authority, the offender shall notify the new local law enforcement authority of any previous registration.  The new local law enforcement authority shall notify the most recent registering agency by teletype or letter of the change in address of the offender.  If the new address is in another state that has a registration requirement, the Department of Corrections shall promptly notify the agency responsible for registration in that state of the new address of the offender.

D.  The Department of Corrections shall notify the district attorney's office and local law enforcement authority of the appropriate county, within forty-five (45) days if the Department is unable to verify the address of a violent crime offender.  A local law enforcement authority may notify the district attorney's office whenever it comes to the attention of the local law enforcement authority that a violent crime offender is not in compliance with any provision of the Mary Rippy Violent Crime Offenders Registration Act.

E.  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.

F.  The registration with the local law enforcement authority required by the Mary Rippy Violent Crime 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 home address; and

2.  A description of the offense for which the offender was convicted, the date of the conviction, and the sentence imposed, if applicable.

G.  The Department of Corrections shall maintain a file of all violent crime offender registrations.  A copy of the information contained in the registration shall promptly be made available to state, county, and municipal law enforcement agencies.  The file shall promptly be made available for public inspection or copying pursuant to rules promulgated by the Department of Corrections.  The Department of Corrections shall promptly provide all municipal police departments, all county sheriff departments, and all campus police departments a list of those violent crime offenders registered and living in their county or jurisdiction.

H.  Each local law enforcement authority shall make its violent crime 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.

I.  Samples of blood or saliva for DNA testing authorized by this section shall be taken by employees or contractors of the Department of Corrections.  The individuals shall be properly trained to collect blood or saliva samples.  The Department of Corrections shall ensure the collection of samples is mailed to the Oklahoma State Bureau of Investigation (OSBI) within ten (10) days after 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 Fund.

J.  1.  Any person who has been convicted of or received a deferred or suspended sentence for any crime required to register pursuant to this act and:

a.who is subsequently convicted of a crime or an attempt to commit a crime listed in subsection B of Section 593 of this title, or

b.who enters this state after November 1, 2004, 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 B of Section 593 of this title,

shall be subject to all of the registration requirements of the Mary Rippy Violent Crime Offenders Registration Act and shall be designated by the Department of Corrections as a habitual violent crime offender.  A habitual violent crime offender shall be required to register for the lifetime of the habitual violent crime offender.

2.  Upon registration of any person designated as a habitual violent crime offender, 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 violent crime offender,

b.any prior victim of the habitual violent crime 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.

3.  The notification shall include, but is not limited to, the following information:

a.the name and physical address of the habitual violent crime offender,

b.a physical description of the habitual violent crime offender, including, but not limited to, age, height, weight and eye and hair color,

c.a description of the vehicle that the habitual violent crime offender is known to drive,

d.any conditions or restrictions upon the probation, parole or conditional release of the habitual violent crime offender,

e.a description of the primary and secondary targets of the habitual violent crime offender,

f.a description of the method of offense of the habitual violent crime offender,

g.a current photograph of the habitual violent crime offender, and

h.the name and telephone number of the probation or parole officer of the habitual violent crime offender.

4.  The local law enforcement authority shall make the notification provided for in this subsection regarding a habitual violent crime offender available to any person upon request.

Added by Laws 2004, c. 358, § 5, eff. Nov. 1, 2004.  Amended by Laws 2005, c. 465, § 10, emerg. eff. June 9, 2005.