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Vermont Megan's Law Legislation
VERMONT SEX-OFFENDER REGISTRATION AND NOTIFICATION
CONTACT INFORMATION
Vermont Criminal Information Center
Department of Public Safety
103 South Main Street
Waterbury, VT 05671-2101
Telephone: 802-244-8727
http://www.dps.state.vt.us/cjs/s_registry.htm
NUMBER OF REGISTERED SEX OFFENDERS
1,806 as of March 26, 2003.
1. WHO IS REQUIRED TO REGISTER?
Sex offenders are required to register.
(Vt. Stat. Ann. tit. 13, § 5403(a))
2. WHAT DOES “SEX OFFENDER” MEAN?
“Sex offender” means:
(1) a person who is convicted of any of the following offenses:
(a) sexual assault;
(b) aggravated sexual assault;
(c) lewd and lascivious conduct;
(d) sexual activity by a caregiver; or
(e) an attempt to commit an offense listed in (a) through (d) above;
(2) a person who is convicted of any of the following offenses against a victim who is a minor, except that conduct that is criminal only because of the age of the victim is not considered an offense for purposes of registration, if the perpetrator is under 18:
(a) an offense listed in (1) above;
(b) kidnapping;
(c) lewd and lascivious conduct with a minor;
(d) white slave traffic;
(e) sexual exploitation of a minor;
(f) procurement or solicitation; or
(g) an attempt to commit an offense listed in (a) through (f) above;
(3) a person who takes up residence in Vermont, other than within a correctional facility, and who has been convicted in any jurisdiction of the United States for a sex crime, the elements of which would constitute an offense listed in (1) or (2) above if committed in Vermont; or
(4) a nonresident sex offender who crosses into Vermont and who is employed, carries on a vocation, or is a student.
(Vt. Stat. Ann. tit. 13, § 5401(10))
3. ARE JUVENILE OFFENDERS REQUIRED TO REGISTER?
Please contact the Vermont Department of Public Safety, the Vermont Criminal Information Center, or local law enforcement for information on juvenile offenders.
4. WHEN AND WHERE DOES AN OFFENDER REGISTER?
Upon conviction and prior to sentencing, the court must get the required registration information from the sex offender and forward the information to the Department of Public Safety.
(Vt. Stat. Ann. tit. 13, § 5403(a))
Upon receiving a sex offender from the court on a probationary sentence or any alternative sentence under community supervision by the Department of Corrections, or prior to releasing a sex offender from confinement or supervision, the Department of Corrections is responsible for forwarding a sex offender’s registration information to the Department of Public Safety.
(Vt. Stat. Ann. tit. 13, § 5404(a))
5. WHAT INFORMATION MUST AN OFFENDER PROVIDE AT THE TIME OF REGISTRATION?
A sex offender must provide the following information upon registration:
(1) name;
(2) date of birth;
(3) general physical description;
(4) current address;
(5) social-security number;
(6) fingerprints;
(7) current photograph; and
(8) current employment.
(Vt. Stat. Ann. tit. 13, § 5403(a))
A sex offender who is being released from confinement or supervision must also provide:
(1) the name, address, and telephone number of the local Department of Corrections office in charge of monitoring him or her; and
(2) documentation of any treatment or counseling received.
(Vt. Stat. Ann. tit. 13, §§ 5404(a)(3)-(4))
6. WHAT HAPPENS IF AN OFFENDER CHANGES HIS OR HER ADDRESS OR OTHER REGISTRATION INFORMATION DURING THE REGISTRATION PERIOD?
A sex offender must report any change to the Department of Public Safety within three days after making the change.
(Vt. Stat. Ann. tit. 13, § 5407(a)(3))
7. WHAT HAPPENS IF AN OFFENDER MOVES FROM VERMONT TO ANOTHER STATE?
If a sex offender changes residence to another state, he or she must notify the Department of Public Safety of the new address and must also register with the designated law-enforcement agency in the new state no later than three days after establishing residence in the new state, if the new state has a registration requirement.
(Vt. Stat. Ann. tit. 13, § 5406(2); § 5407(b))
Upon a sex offender’s change of residence to another state, the Department of Public Safety must immediately notify the designated law-enforcement agency in the new state, if the other state has a registration requirement.
(Vt. Stat. Ann. tit. 13, § 5407(c))
If a sex offender crosses into another state for the purpose of employment, carrying on a vocation, or being a student, he or she must notify the Department of Public Safety of the new address, and must
register with the designated law-enforcement agency in the other state, if the other state has a registration requirement.
(Vt. Stat. Ann. tit. 13, § 5406(4))
8. IS AN OFFENDER WHO MOVES FROM ANOTHER STATE TO VERMONT REQUIRED TO REGISTER?
An out-of-state offender who takes up residence in Vermont is required to register within 10 days after establishing residence in Vermont.
(Vt. Stat. Ann. tit. 13, § 5401(10)(C); § 5407(a)(1))
9. WHAT IF AN OFFENDER LIVES IN ANOTHER STATE BUT WORKS OR GOES TO SCHOOL IN VERMONT?
A nonresident sex offender who is employed, carries on a vocation, or is a student in Vermont must register within 10 days after entering Vermont.
(Vt. Stat. Ann. tit. 13, § 5401(10)(D); § 5407(a)(1))
10. IS REGISTRATION A LIFETIME REQUIREMENT?
A person required to register as a sex offender must do so until 10 years have elapsed since he or she was released from prison or discharged from parole, supervised release, or probation, whichever is later. A sex offender must register for life, however, if he or she:
(1) has at least one prior conviction for an offense requiring registration;
(2) has been convicted of a sexual assault or aggravated sexual assault, unless the offender is no more than six years older than the victim and the victim is older than 14; or
(3) has been determined to be a sexually violent predator.
(Vt. Stat. Ann. tit. 13, §§ 5407(e)-(f))
11. ARE THERE ANY PENALTIES FOR FAILING TO REGISTER OR FOR PROVIDING FALSE INFORMATION?
A sex offender who knowingly fails to comply with registration requirements will be imprisoned for no more than two years or fined no more than $1,000, or both. For a second or subsequent offense, a sex offender will be imprisoned for no more than three years or fined no more than $5,000, or both.
(Vt. Stat. Ann. tit. 13, § 5409)
A sex offender’s failure to report a change of address is grounds to issue a warrant for his or her arrest.
(Vt. Stat. Ann. tit. 13, § 5408(b))
12. WHAT INFORMATION IS RELEASED TO THE PUBLIC ABOUT REGISTERED OFFENDERS?
The Department of Public Safety maintains a sex-offender registry.
(Vt. Stat. Ann. tit. 13, § 5402(a))
The Department of Public Safety, the Department of Corrections, and any authorized local law-enforcement agency must release relevant registry information to protect the public concerning sex offenders who are required to register, if the requestor can articulate a specific concern about his or her personal safety or the safety of his or her family.
(Vt. Stat. Ann. tit. 13, § 5411(b))
Registry information includes the sex offender’s:
(1) name;
(2) general physical description;
(3) offense;
(4) sentence; and
(5) current employment.
(Vt. Stat. Ann. tit. 13, § 5411(a))
13. CAN I SEARCH THE INTERNET FOR OFFENDERS IN MY AREA?
No.
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