17.510 Registration system for adults who have committed sex crimes or crimes
2,225 words·~10 min read·
/ky/17-510A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
against minors -- Persons required to register -- Exemption for registration for
juveniles to be retroactive -- Manner of registration -- Penalties -- Notifications
of violations required.
(1)The cabinet shall develop and implement a registration system for registrants which
includes creating a new computerized information file to be accessed through the
Law Information Network of Kentucky.
(2)A registrant shall, on or before the date of his or her release by the court, the parole
board, the cabinet, or any detention facility, register with the appropriate local
probation and parole office in the county in which he or she intends to reside. The
person in charge of the release shall facilitate the registration process.
(3)Any person required to register pursuant to subsection
(2)of this section shall be
informed of the duty to register by the court at the time of sentencing if the court
grants probation or conditional discharge or does not impose a penalty of
incarceration, or if incarcerated, by the official in charge of the place of
confinement upon release. The court and the official shall require the person to read
and sign any form that may be required by the cabinet, stating that the duty of the
person to register has been explained to the person. The court and the official in
charge of the place of confinement shall require the releasee to complete the
acknowledgment form and the court or the official shall retain the original
completed form. The official shall then send the form to the Sex Offender Registry
Section, Department of Kentucky State Police, Frankfort, Kentucky 40601.
(4)The court or the official shall order the person to register with the appropriate local
probation and parole office which shall obtain the person's fingerprints, palm prints,
DNA sample, photograph, and a copy of his or her motor vehicle operator's license
as well as any other government-issued identification cards, if any. Thereafter, the
registrant shall return to the appropriate local probation and parole office not less
than one
(1)time every two
(2)years in order for a new photograph to be obtained,
and the registrant shall pay the cost of updating the photo for registration purposes.
Any registrant who has not provided palm prints, a copy of his or her motor vehicle
operator's license, or a copy of any other government-issued identification cards, if
any, as of July 14, 2018, shall provide the information to the appropriate local
probation and parole office when the registrant appears for a new photograph to be
obtained. Any change to a registrant's motor vehicle operator's license number or
any other government-issued identification card after the registrant appears for a
new photograph shall be registered in accordance with subsection
(11)of this
section. Failure to comply with this requirement shall be punished as set forth in
subsection
(12)of this section.
(a)The appropriate probation and parole office shall send the registration form
containing the registrant information, fingerprints, palm prints, photograph,
and a copy of his or her motor vehicle operator's license as well as any other
government-issued identification cards, if any, and any special conditions
imposed by the court or the Parole Board, to the Sex Offender Registry
Section, Department of Kentucky State Police, Frankfort, Kentucky 40601.
The appropriate probation and parole office shall send the DNA sample to the
Department of Kentucky State Police forensic laboratory in accordance with
administrative regulations promulgated by the cabinet.
(b)The Sex Offender Registry Section, upon request by a state or local law
enforcement agency, shall make available to that agency registrant
information, including a person's fingerprints and photograph, where
available, as well as any special conditions imposed by the court or the Parole
Board.
(c)Any employee of the Justice and Public Safety Cabinet who disseminates, or
does not disseminate, registrant information in good-faith compliance with the
requirements of this subsection shall be immune from criminal and civil
liability for the dissemination or lack thereof.
(a)Except as provided in paragraph
(b)of this subsection, any person who has
been convicted in a court of any state or territory, a court of the United States,
or a similar conviction from a court of competent jurisdiction in any other
country, or a court martial of the United States Armed Forces of a sex crime
or criminal offense against a victim who is a minor and who has been notified
of the duty to register by that state, territory, or court, or who has been
committed as a sexually violent predator under the laws of another state, laws
of a territory, or federal laws, or has a similar conviction from a court of
competent jurisdiction in any other country, shall comply with the registration
requirement of this section, including the requirements of subsection
(4)of
this section, and shall register with the appropriate local probation and parole
office in the county of residence within five
(5)working days of relocation.
No additional notice of the duty to register shall be required of any official
charged with a duty of enforcing the laws of this Commonwealth.
(b)No person shall be required to register under this subsection for a juvenile
adjudication if such an adjudication in this Commonwealth would not create a
duty to register. This paragraph shall be retroactive.
(a)Except as provided in paragraph
(b)of this subsection, if a person is required
to register under federal law or the laws of another state or territory, or if the
person has been convicted of an offense in a court of the United States, in a
court martial of the United States Armed Forces, or under the laws of another
state or territory that would require registration if committed in this
Commonwealth, that person upon changing residence from the other state or
territory of the United States to the Commonwealth or upon entering the
Commonwealth for employment, to carry on a vocation, or as a student shall
comply with the registration requirement of this section, including the
requirements of subsection
(4)of this section, and shall register within five
working days with the appropriate local probation and parole office in the
county of residence, employment, vocation, or schooling. A person required
to register under federal law or the laws of another state or territory shall be
presumed to know of the duty to register in the Commonwealth. As used in
this subsection, "employment" or "carry on a vocation" includes employment
that is full-time or part-time for a period exceeding fourteen
(14)days or for
an aggregate period of time exceeding thirty
(30)days during any calendar
year, whether financially compensated, volunteered, or for the purpose of
government or educational benefit. As used in this subsection, "student"
means a person who is enrolled on a full-time or part-time basis, in any public
or private educational institution, including any secondary school, trade or
professional institution, or institution of higher education.
(b)No person shall be required to register under this subsection for a juvenile
adjudication if such an adjudication in this Commonwealth would not create a
duty to register. This paragraph shall be retroactive.
(8)The registration form shall be a written statement signed by the person which shall
include registrant information, including an up-to-date photograph of the registrant
for public dissemination.
(9)For purposes of KRS 17.500 to 17.580 and 17.991, a post office box number shall
not be considered an address.
(a)If a registrant does not have an established and fixed residence of regular
return, he or she shall report in person no less than every thirty
(30)days to
the local probation and parole office in the county in which he or she is
present and register the approximate area where he or she can be located.
(b)If the registrant changes his or her location to a new county, the person shall
notify his or her current local probation and parole office of the new location
on or before the date of the change of location.
(c)The registrant shall also report in person to the appropriate local probation and
parole office in the county of his or her new location no later than five
working days after the date of the change of location.
(a)If the residence address of any registrant changes, but the registrant remains in
the same county, the person shall register, on or before the date of the change
of address, with the appropriate local probation and parole office in the county
in which he or she resides.
(b)1. If the registrant changes his or her residence to a new county, the person
shall notify his or her current local probation and parole office of the
new residence address on or before the date of the change of address.
2. The registrant shall also register with the appropriate local probation and
parole office in the county of his or her new residence no later than five
(5)working days after the date of the change of address.
(c)If the:
1. Motor vehicle operator's license number or any other government-issued
identification card number of any registrant changes; or
2. Registrant obtains for the first time a motor vehicle operator's license
number or any other government-issued identification card number;
the registrant shall register the change or addition no later than five
working days after the date of the change or the date of the addition, with the
appropriate local probation and parole office in the county in which he or she
resides.
(d)1. As soon as a probation and parole office learns of the person's new
address under paragraph (b)1. of this subsection, that probation and
parole office shall notify the appropriate local probation and parole
office in the county of the new address of the effective date of the new
address.
2. As soon as a probation and parole office learns of the person's new
address under paragraph (b)2. of this subsection, that office shall
forward this information as set forth under subsection
(5)of this section.
(e)1. A registrant shall register the following information with the appropriate
local probation and parole office no less than twenty-one
(21)days
before traveling outside of the United States:
a. His or her passport number and country of issue;
b. The dates of departure, travel, and return; and
c. The foreign countries, colonies, territories, or possessions that the
registrant will visit.
2. The registrant shall register the following information with the
appropriate local probation and parole office no later than five
working days after the date of his or her return from traveling outside of
the United States:
a. The date he or she departed, traveled, and returned; and
b. The foreign countries, colonies, territories, or possessions that the
registrant visited.
(12)Any person required to register under this section who knowingly violates any of
the provisions of this section or prior law is guilty of a Class D felony for the first
offense and a Class C felony for each subsequent offense.
(13)Any person required to register under this section or prior law who knowingly
provides false, misleading, or incomplete information is guilty of a Class D felony
for the first offense and a Class C felony for each subsequent offense.
(a)The cabinet shall verify the addresses, names, motor vehicle operator's license
numbers, and government-issued identification card numbers of individuals
required to register under this section. Verification shall occur at least once
every ninety
(90)days for a person required to register under KRS 17.520(2),
at least once every calendar year for a person required to register under KRS
17.520(3), and at least once every thirty
(30)days for a person who does not
have an established and fixed residence of regular return.
(b)If the cabinet determines that a person has:
1. Moved without providing his or her new address;
2. Failed to notify the local probation and parole office of his or her
presence in a new county without an established and fixed residence of
regular return; or
3. A new name, motor vehicle operator's license number, or government-
issued identification card number that he or she has not provided;
to the appropriate local probation and parole office or offices as required
under subsection (11)(a), (b), and
(c)of this section, the cabinet shall notify
the appropriate local probation and parole office of the new address, name,
motor vehicle operator's license number, or government-issued identification
card number used by the person. The office shall then forward this
information as set forth under subsection
(5)of this section. The cabinet shall
also notify the appropriate court, Parole Board, and appropriate
Commonwealth's attorney, sheriff's office, probation and parole office,
corrections agency, and law enforcement agency responsible for the
investigation of the report of noncompliance.
(c)An agency that receives notice of the noncompliance from the cabinet under
paragraph
(a)of this subsection:
1. Shall consider revocation of the parole, probation, postincarceration
supervision, or conditional discharge of any person released under its
authority; and
2. Shall notify the appropriate county or Commonwealth's Attorney for
prosecution.
(15)The provisions of subsections
(10)and
(14)of this section relating to registrants
who do not have an established and fixed residence of regular return shall apply to
any person required to register on or after January 1, 2024.