SEX OFFENDER LEGISLATION REVIEW COMMITTEE

The Sex Offender Legislation Review Committee Meeting was held on February 21, 2007 at 4:09 p.m. with Chairman Slavin presiding. Members present were Ms. Bell, Lt. Bernat, Dr. Goaté, Mrs. Levitt, Mrs. Mercer, Mrs. Ratliff, and Mrs. Shroyer (departed at 5:12 p.m.). Mr. Hare and Mrs. Ingram were absent.

AGENDA ADDITIONS/DELETIONS

Mrs. Ratliff moved for approval of the agenda, seconded by Mrs. Shroyer and unanimously carried.

Adoption of Minutes - January 24, 2007

Dr. Goaté moved for approval of the Minutes of the January 24, 2007 Sex Offender Legislation Review Committee meeting, seconded by Mrs. Levitt and unanimously carried.

Presentation - David Favata and Patrick Allen, Delaware Department of Justice

Mr. David Favata, Deputy Attorney General, advised members that he is the head of the Sex Crimes unit which prosecutes all sex offenders in Kent County. He indicated that he previously prosecuted all Kent County felony cases involving guns, such as murders, shootings, and robberies. Responding to Mr. Slavin, Mr. Favata indicated that sex offenders come from all walks of life, all professions, and for the most part are mostly of male gender.

Mr. Favata stated that the Sex Offender Laws can be found in Title 11, Section 4120 - Registration of Sex Offenders, and Section 4121 - Community Notification, of the Delaware State Code. He noted that a sex offender is defined as anyone who has committed one of the following offenses:

      ►       Indecent exposure - first degree

      ►       Incest

      ►       Unlawful sexual contact - first, second, and third degree

      ►       Rape - first, second, third, and fourth degree

      ►       Sexual extortion

      ►       Bestiality

      ►       Continuous sexual abuse of a child

      ►       Dangerous crime against a child

      ►       Female genital mutilation

      ►       Sexual exploitation and/or solicitation of a child

      ►       Exploitation of a child to be used for child pornography

      ►       Possession of child pornography

      ►       Kidnapping - first or second degree if the purpose is to violate the victim sexually

Mr. Favata stated that all sex offenders are mandated to be registered and that the sex offender registry is comprised of three (3) Risk Assessment Tiers, which are established by the Court system at time of sentencing. Tier Three (3) is the highest level and requires re-registration every 90 days. A Tier Three (3) offender is anyone convicted of rape in the first, second, or third degree (with the victim being less than 12 years of age); unlawful sexual contact in the first degree; unlawful sexual penetration first and second degree; continuous sexual abuse of a child; kidnaping first and second degree; sexual exploitation of a child; or anyone attempting to commit any of the offenses listed. He also noted that any Tier Two (2) offender who is convicted of a subsequent offense will be re-listed as a Tier Three (3). A Tier Two (2) offender, which requires re-registration on an annual basis, is anyone convicted of rape in the third and fourth degree; unlawful sexual contact in the second degree; unlawful sexual penetration in the third degree; sexual extortion; bestiality; dangerous crime act against a child; unlawfully dealing in child pornography; sexual solicitation; or anyone attempting to commit any of the offenses listed. He also noted that a Tier One (1) offender, whom also must re-register on an annual basis, who is convicted of a subsequent offense within five (5) years of the first conviction will be re-listed as a Tier Two (2) offender. A Tier One (1) offender is an offender that is not otherwise designated as a Tier Two (2) or Three (3) offender.

Mr. Favata indicated that a sex offender may have their Tier level dropped one (1) level if, after fifteen (15) years for a Tier three (3) or ten (10) years for a Tier two (2), there are no other convictions. After ten (10) years, a Tier one (1) with no other convictions could petition to have their name removed from the list entirely.

 

Mr. Favata stated that the sex offender registration requirements indicate that sex offenders must complete registration at least 45 days prior to and not more than 90 days after their release, parole, or discharge. He indicated that once the offender has been released from a treatment program, and date of release could not have been determined 45 days prior to release, registration must be completed within 48 hours of determining the release date, or upon release, whichever is earlier. Mr. Favata noted that the sex offender would be registered at the time of court sentencing if the offender was sentenced to a Level IV home confinement or to a period of probation at a Level III or below. He indicated that the registration forms would include information such as the offender’s legal name, previously used names and/or nicknames, age, gender, information on offense, photo, and anticipated place of future residence.

Mr. Favata stated that the registration forms are to be forwarded to the Superintendent of the Delaware State Police within three (3) days of completion to be immediately entered into the Delaware Judicial Information System (DELJIS). Any change in address, employment, or place of study must be reported within seven (7) days to the Delaware State Police. He indicated that within three (3) days of receiving this information the Chief Law Enforcement Officer in the area of new employment, study, or residency must be notified. This information, which is also available to the public, can be found on the Delaware State Police Sex Offender Central Registry website at http://www.state.de.us/dsp/sexoff/. Mr. Favata noted that the Delaware State Police will mail re-registration forms to each offender within 30 days of the re-registration date. If the Delaware State Police does not receive the completed forms by the due date then the offender will be found to be non-compliant. He stated that the Delaware State Police will investigate the reason for non-compliance and that a warrant for arrest could be issued with the result of up to two (2) years in jail. Mrs. Levitt indicated that she felt if the sex offender has lived a clean life for fifteen (15) years, with no other convictions, then it would be unfair to include their name on the registry.

Responding to Mrs. Levitt, Mr. Favata stated that male and female sex offenders are dealt with in the same manner.

Responding to Mrs. Shroyer, Mr. Favata indicated that mandatory sentences, for the most part, have been used when convicting sex offenders. He noted that, for example, rape in the first degree would mandate a fifteen (15) year to life sentence, rape in the second degree would mandate a ten (10) to twenty-five (25) year sentence, and rape in the third degree would mandate a two (2) to twenty-five (25) year sentence. Mr. Favata stated that if the sex offender received a two (2) year sentence and then re-offends after being released from prison, the offender could receive a life sentence.

Responding to Dr. Goaté, Mr. Favata stated that juveniles are subject to all sex offender registration requirements, however, their cases would be heard before Family Court.

Mr. Favata stated that child pornography is considered a supply and demand type of product that is definitely not a victimless crime and those addicted to child pornography will most likely have pedophile tendencies. He noted that, with the help of internet providers such as Yahoo and Hotmail, offenders are being caught and prosecuted. Mr. Favata indicated that resources and funding have been requested to start a new unit that specifically searches for internet predators.

Responding to Mrs. Ratliff, Mr. Favata suggested that providing public education workshops and seminars is a very good way to empower the community to be safe.

Discussion - Meeting Dates and Times, Meeting Format, Etc.

The next meeting is scheduled for March 7, 2007 at 4:00 p.m. in the Caucus Room to discuss possible recommendations. The following meeting will be held March 21, 2007 at 4:00 p.m.

Stranger Safety DVD

Members reviewed the Stranger Safety DVD which provides parents and children with a more effective way to evaluate situations around them without resorting to the traditional “stranger” concept. 

Mrs. Ratliff moved for adjournment, seconded by Dr. Goaté and unanimously carried.

Meeting Adjourned at 5:22 P.M.

                                                                                    Respectfully submitted,

                                                                                    Timothy A. Slavin

                                                                                    Chairman

TAS/jcr

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