§ 7-19-302 — Registration of offenders; procedure; verification; fees

Wyoming § 7-19-302

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 19: CRIMINAL HISTORY RECORDS
• Art. 3: SEX OFFENDER REGISTRATION

Text

(a) Any offender residing in this state or entering this
state for the purpose of residing, attending school or being
employed in this state shall register with the sheriff of the
county in which he resides, attends school or is employed, or
other relevant entity specified in subsection (c) of this
section. The offender shall be photographed, fingerprinted and
palmprinted by the registering entity or another law enforcement
agency and shall provide the following additional information
when registering:
(i) Name, including any aliases ever used;
(ii) Address;
(iii) Date and place of birth;
(iv) Social security number;
(v) Place and physical address of employment;
(vi) Date and place of conviction;
(vii) Crime for which convicted;
(viii) The name and physical address of each
educational institution in this state at which the person is
employed or attending school;
(ix) The license plate number and a description of
any vehicle owned or operated by the offender;
(x) A DNA sample. As used in this paragraph, "DNA"
means as defined in W.S. 7-19-401(a)(vi);
(xi) The age of each victim;
(xii) Internet identifiers, including each email
address and other designations used by the offender for self-
identification or routing in internet communications or
postings. As used in this paragraph, "internet" means as
defined in W.S. 9-2-3219(a)(iii); and
(xiii) Any phone number at which the offender may be
reached or which may be used on a frequent basis by the offender
to place telephone calls.
(b) In addition to the requirements of subsection (a) of
this section, the department, for offenders sentenced to
imprisonment, and the sheriff of the county where judgment and
sentence is entered for all other offenders, shall obtain the
name of the offender, identifying features, anticipated future
residence, offense history and documentation of any treatment
received, including prescribed psychotropic medication history,
for any psychiatric condition of the offender. This information
shall be transmitted to the division within three (3) working
days of receipt for entry into the central registration system.
A person found to be an offender by a court in another state
shall provide information required under this subsection at the
time of registration under this act.
(c) Offenders required to register under this act shall
register with the entities specified in this subsection and
within the following time periods:
(i) Offenders who, on or after July 1, 1999, are in
custody of the department, local jail or a public or private
agency pursuant to a court order, as a result of an offense
subjecting them to registration, who are sentenced on or after
January 1, 1985, shall register prior to release from custody.
The agency with custody of the offender immediately prior to
release shall register the offender and perform the duties
specified in W.S. 7-19-305. If the offender refuses to register
or refuses to provide the required information, the agency shall
so notify local law enforcement before releasing the offender;
(ii) Offenders who are convicted of an offense
subjecting them to registration under this act but who are not
sentenced to a term of confinement shall register immediately
after the imposition of the sentence. The sheriff of the county
where the judgment and sentence is entered shall register the
offender and perform the related duties specified in W.S.
7-19-305 unless the offender does not reside in the county where
the judgment and sentence is entered, in which case he shall
register in the county in which he resides within three (3)
working days;
(iii) Offenders convicted of an offense subjecting
them to registration, who, except as provided by paragraph (v)
of this subsection, are sentenced on or after January 1, 1985,
who reside in or enter this state for the purposes of residing
and who are under the jurisdiction of the department or state
board of parole or other public agency as a result of that
offense shall register within three (3) working days of entering
this state. The Wyoming agency that has jurisdiction over the
offender shall notify the offender of the registration
requirements before the offender moves to this state. Within
three (3) working days after the offender arrives in this state,
the Wyoming agency that has jurisdiction over the offender shall
notify the county sheriff of the county in which the offender
resides of the offender’s presence in the county;
(iv) Offenders convicted of an offense subjecting
them to registration, who, except as provided by paragraph (v)
of this subsection, are sentenced on or after January 1, 1985,
who reside in or enter this state and who are not under the
jurisdiction or custody of the department, board of parole or
other public agency as a result of that offense shall register
within three (3) working days of entering this state if not a
current resident;
(v) Offenders convicted of an offense subjecting them
to registration, whose registration requirement was added by the
2011 amendments to this act and who are sentenced after July 1,
2001 shall register as required by paragraph (iii) or (iv) of
this subsection as appropriate.
(d) A nonresident who is employed or attends school in
this state shall register with the county sheriff of the county
in which he is employed or attends school within three (3)
working days of beginning employment or starting to attend
school. A resident or nonresident who is employed, resides or
attends school in more than one (1) location in this state,
shall register with the county sheriff of each county in which
he is employed, resides or attends school within three (3)
working days of beginning employment, establishing a residence
in this state or starting to attend school. The registration
information accepted under this subsection shall be subject to
the provisions of W.S. 7-19-303.
(e) If any person required to register under this act
changes his residence address within the same county, he shall
provide notice of the change of address in person to the sheriff
of the county in which he resides within three (3) working days
of establishing the new residence. If any person required to
register under this act moves to a new county in this state, he
shall notify in person the county sheriff in the new county and
the county sheriff of the county of his previous residence
within three (3) working days of establishing the new residence.
If the person changes residence to another state and that state
has a registration requirement, the division shall, within three
(3) working days of receipt of the information, notify the law
enforcement agency with which the person must register in the
new state. Any person who has not established a new residence
within three (3) working days of leaving his previous residence,
or becomes transient through lack of residence, shall report on
a weekly basis to the sheriff in the county in which he is
registered, until he establishes another residence. The
information provided to a sheriff under this subsection shall be
transmitted by the sheriff to the division within three (3)
working days of receipt for entry into the central registry.
The division shall notify the victim, or if the victim is a
minor the victim's parent or guardian, within the same time
period if the victim, or a minor victim's parent or guardian,
has requested in writing that the division provide notification
of a change of address of the offender and has provided the
division a current address of the victim, parent or guardian as
applicable.
(f) An offender who changes residence to another state
shall register the new address with the law enforcement agency
with whom he last registered and shall also register with the
designated law enforcement agency in the new state not later
than three (3) working days after establishing residence in the
new state.
(g) For an offender convicted of a violation of W.S. 6-2-
316(a)(i) and (iv), 6-2-705, 6-4-303(b)(iv) or 6-4-304(b) if the
victim was a minor, 18 U.S.C. §§ 2252B, 2252C, 2424 and 2425, an
offense in another jurisdiction containing the same or similar
elements, or arising out of the same or similar facts or
circumstances as a criminal offense specified in this subsection
or an attempt or conspiracy to commit any of the offenses
specified in this subsection, the division shall annually verify
the accuracy of the offender's registered address, and the
offender shall annually report, in person, his current address
to the sheriff in the county in which the offender resides,
during the period in which he is required to register. During
the annual in-person verification, the sheriff shall photograph
the offender. Confirmation of the in-person verification
required under this subsection, along with the photograph of the
offender, shall be transmitted by the sheriff to the division
within three (3) working days. Any person under this subsection
who has not established a residence or is transient, and who is
reporting to the sheriff as required under subsection (e) of
this section, shall be deemed in compliance with the address
verification requirements of this section.
(h) For an offender convicted of a violation of W.S. 6-2-
304(a)(iii) if the victim was at least fourteen (14) years of
age, W.S. 6-2-317(a)(i) and (ii) or 6-2-318, W.S. 6-2-706, W.S.
6-4-102 if the person solicited was a minor, W.S. 6-4-103 if the
person enticed or compelled was a minor, W.S. 6-4-302(a)(i) if
the offense involves the use of a minor in a sexual performance
or W.S. 6-4-303(b)(i) through (iii), 18 U.S.C. § 2251, an
offense in another jurisdiction containing the same or similar
elements, or arising out of the same or similar facts or
circumstances as a criminal offense specified in this
subsection, an attempt or conspiracy to commit any of the
offenses specified in this subsection, or any offense enumerated
in subsection (g) of this section if the offender was previously
convicted of any offense enumerated in subsection (g) of this
section, the division shall verify the accuracy of the
offender's registered address, and the offender shall report, in
person, his current address to the sheriff in the county in
which the offender resides, every six (6) months after the date
of the initial release or commencement of parole. If the
offender's appearance has changed substantially, and in any case
at least annually, the sheriff shall photograph the offender.
Confirmation of the in-person verification required by this
subsection, and any new photographs of the offender, shall be
transmitted by the sheriff to the division within three (3)
working days. Any person under this subsection who has not
established a residence or is transient, and who is reporting to
the sheriff as required under subsection (e) of this section,
shall be deemed in compliance with the address verification
requirements of this section.
(j) For an offender convicted of a violation of W.S. 6-2-
201 if the victim was a minor, W.S. 6-2-302 or 6-2-303, W.S. 6-
2-304(a)(iii) if the victim was under fourteen (14) years of
age, W.S. 6-2-314, W.S. 6-2-315, W.S. 6-2-316(a)(ii) and (iii),
6-2-702 or 6-2-703, 6-4-402, 18 U.S.C. § 2245, or an offense in
another jurisdiction containing the same or similar elements, or
arising out of the same or similar facts or circumstances as a
criminal offense specified in this subsection, an attempt or
conspiracy to commit any of the offenses specified in this
subsection, any offense enumerated in subsection (h) of this
section if the offender was previously convicted of any offense
enumerated in subsection (g) of this section or any offense
enumerated in subsection (g) or (h) of this section if the
offender was previously convicted of any offense enumerated in
subsection (h) of this section, the division shall verify the
accuracy of the offender's registered address, and the offender
shall report, in person, his current address to the sheriff in
the county in which the offender resides every three (3) months
after the date of the initial release or commencement of parole.
If the offender's appearance has changed substantially, and in
any case at least annually, the sheriff shall photograph the
offender. Confirmation of the in-person verification required
by this subsection, and any new photographs of the offender,
shall be transmitted by the sheriff to the division within three
(3) working days. Any person under this subsection who has not
established a residence or is transient, and who is reporting to
the sheriff as required under subsection (e) of this section,
shall be deemed in compliance with the address verification
requirements of this section.
(k) Any person required to register under this act shall
provide information in person to the sheriff of the county in
which he is registered and to any other relevant registering
entity specified in subsection (c) of this section regarding
each change in employment or enrollment status at any
educational institution in this state, including any of the
information collected pursuant to subsection (a) of this section
within three (3) working days of the change to the entity with
whom the offender last registered. This information shall be
forwarded immediately from the registering entity to the
division on a form prescribed by the division, and the division
shall then enter the information into the central registry and
forward the information to the campus police department or other
law enforcement agency with jurisdiction over the educational
institution.
(m) Any person required to register under this act shall
provide information in person to the sheriff of the county in
which he is registered and to any other relevant registering
entity specified in subsection (c) of this section regarding
each change of employment and shall disclose all places of
employment if there is more than one (1), including any loss of
employment, within three (3) working days of the change to the
entity with whom the offender last registered. The information
shall be forwarded within three (3) working days from the
registering entity to the division and the division shall then
enter the information into the central registry.
(n) Any person required to register under this act shall
provide any new or updated information in person to the sheriff
of the county in which he is registered and to any other
relevant registering entity specified in subsection (c) of this
section regarding any changes, modifications or other
information necessary to keep current any of the information
specified in this section and W.S. 7-19-303, within three (3)
working days of the change to the entity with whom the offender
last registered. The information shall be forwarded within
three (3) working days from the registering entity to the
division and the division shall then enter the information into
the central registry.
(o) If the division lacks sufficient information or
documentation to identify the offender’s crime for which
convicted or equivalent Wyoming offense, it shall register the
offender as if he were convicted of an offense listed in
subsection (j) of this section. If the division receives
additional verifiable information or documentation that
demonstrates that the offender was not convicted of an offense
specified under subsection (j) of this section or an offense
from any other jurisdiction containing the same or similar
elements or arising out of the same or similar facts or
circumstances, it shall modify the offender’s status.
(p) Any person convicted of any offense enumerated in
subsection (g), (h) or (j) of this section who is released from
confinement for any reason before being sentenced shall register
as described in this section with the county sheriff for each
county in which that person resides, is employed or attends
school.
(q) Any offender registered pursuant to this act shall
notify the county sheriff of each county in which he is
registered at least twenty-one (21) days before traveling
outside of the United States of America. The notification shall
include the name of each country the offender plans to visit,
the dates the offender intends to be in each country, the
purpose for which the offender is traveling, the offender’s
means of travel and the offender’s country of citizenship,
passport number and country of issue. Each county sheriff
receiving notification of an offender’s intention to travel
outside of the United States of America shall forward that
information to the division within three (3) working days.
(r) Except as provided in subsection (s) of this section,
all offenders required to register or report updated information
pursuant to this act shall pay fees established by rules of the
division. The division shall establish fees in accordance with
the following:
(i) At the time of initial registration, the offender
shall pay a state registration fee in an amount not to exceed
one hundred twenty dollars ($120.00) and a county registration
fee in an amount equal to twenty-five percent (25%) of the state
registration fee;
(ii) Each time the offender is required to report
updated information pursuant to subsection (e), (f), (k) or (m)
of this section, the offender shall pay a state reporting fee in
an amount not to exceed twenty-five dollars ($25.00) and a
county reporting fee in an amount equal to twenty-five percent
(25%) of the state reporting fee;
(iii) The state registration and reporting fees
established by the division shall, to the extent practicable,
generate a total revenue that approximates, but does not exceed,
the direct and indirect costs of administering and enforcing the
provisions of this act.
(s) No fee required under subsection (r) of this section
shall be charged to:
(i) An offender in custody of the department, a local
jail or a public or private agency pursuant to a court order
during the period in which the offender is in custody;
(ii) An indigent offender, as provided in rules
established by the division. The rules shall establish criteria
and procedures for determinations of indigency in accordance
with the following:
(A) Standards for indigency shall be similar to
the standards used to determine indigency for the purposes of
the appointment of counsel;
(B) An offender shall apply for a determination
of indigency at the time of registration or reporting updated
information by submitting to the division or the sheriff of the
county in which the offender is required to register or report,
under penalty of perjury, an application and supporting
documentation regarding the offender's income, property owned,
outstanding obligations, number and ages of the offender's
dependents and any other factors relevant to the offender's
ability to pay registration and reporting fees. The application
and information shall detail the offender's financial status for
a period of not less than one (1) year preceding the date of the
application;
(C) If an offender is unable to submit a
complete application at the time of registration or reporting
updated information, the offender may submit an application to
the division or the sheriff of the county in which the offender
is required to register or report updated information within
thirty (30) days of registration or reporting. Failure to
submit an application and all required information within thirty
(30) days of registration or reporting updated information shall
be deemed to be a waiver of the offender's ability to request a
determination of indigency and the fees required under
subsection (r) of this section shall be payable;
(D) The division shall approve or deny an
application for a determination of indigency and provide notice
of the determination to the offender within thirty (30) days of
receipt of the application;
(E) The division's determination that the
offender is indigent shall be valid for a period of one (1)
calendar year from the registration or reporting updated
information date for which the application was submitted. Upon
the expiration of the period, the offender may submit an
application for a new determination of indigency;
(F) If the division determines the offender is
not indigent, the offender shall pay the fees required under
subsection (r) of this section within thirty (30) days from the
date the offender receives notice of the denial. An offender
may apply for a determination of indigency only once per
calendar year, unless the offender can show a material change in
circumstances;
(G) The division's determination that an
offender is not indigent is an agency action subject to judicial
review as provided under W.S. 16-3-114 and 16-3-115.
(t) The sheriff of the county in which the offender is
required to register or report updated information shall:
(i) Collect the fees required under subsection (r) of
this section;
(ii) Retain the county registration and reporting
fees collected to be expended for purposes of administering and
enforcing the provisions of this act and to cover the
administrative expenses and costs of collecting and remitting
the state registration and reporting fees;
(iii) Remit to the division the state registration
and reporting fees to be deposited in the sex offender
registration account created by W.S. 7-19-310; and
(iv) Forward to the division any applications for a
determination of indigency.
(u) If an offender fails to pay the fees required under
subsection (r) of this section, the sheriff of the county in
which the offender is required to register or report updated
information shall provide to the division the registration or
reporting information required under this act and notify the
division of the offender's failure to pay. Unpaid fees become
delinquent thirty (30) days after the date the fee is imposed,
the date the offender waives the ability to request a
determination of indigency by failing to submit an application
or the date the division notifies the offender he does not
qualify as indigent, whichever is later. Unpaid fees may be
collected by the division as otherwise provided by law and as
provided in W.S. 9-1-415(a). Nothing in this subsection shall
be construed to prohibit the prosecution of an offender for
failure to register or report updated information or for any
other offense.