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DELAWARE LAW REQUIRING
SEX OFFENDER REGISTRATION

TITLE 11
ァ 4120. Registration of sex offenders.

(a)  Unless otherwise indicated, the definitions set forth in ァ 4121(a) of this title shall apply to this section. In addition, when used in this section, the phrase "custodial institution" includes any Level IV or V facility operated by or for the Department of Correction, the Division of Youth Rehabilitative Services or the Delaware Psychiatric Center, or any like institution, and the phrase "temporary resident" shall include any person who is regularly employed or regularly works in Delaware, or who is a student in Delaware.

(b) (1)  Any sex offender who is released, discharged or paroled from any Level IV or Level V facility or other custodial institution after he or she has completed a sentence imposed following a conviction for any offense specified in ァ 4121(a)(4) of this title shall be required to register as a sex offender. The registration shall be completed during the Level IV or V sentence, but not more than 90 days, nor less than 45 days, prior to the offender's release, discharge or parole. The registration information shall be collected from the sex offender by the agency having custody over him or her at the time specified herein for registration. This subsection shall apply to any sex offender who is sentenced to serve any portion of his or her sentence at Level IV or V, unless such sentence is suspended in its entirety, in which case subsection (c) of this section shall apply. The registration required by this subsection shall be required whenever the sex offender is released from any Level V facility to any Level IV facility, and again when the offender is released from the Level IV facility. 

(2) If an offender is released to a treatment program by the Division of Youth Rehabilitative Services and the date of release could not have been determined 45 days prior to release, registration shall be completed within 48 hours of determining the release date, or upon release, whichever is earlier.

(c)  Any sex offender who is sentenced to Level IV home confinement, or to a period of probation at Level III or below, or who is required to pay a fine of any amount following a conviction for any offense specified in ァ 4121(a)(4) of this title shall be required to register as a sex offender. The registration information shall be collected from the sex offender by the sentencing court following the conviction, but no later than the time of sentencing.

(d) (1)  Registration information shall be collected by the agency or court specified in subsections (b) and (c) of this section on registration forms provided by the Superintendent of the Delaware State Police. The original copy of the completed and executed registration form shall be forwarded by the registering agency or court to the Superintendent of the Delaware State Police within 3 business days following the completion of the form. The completed registration form shall be signed by the sex offender and by a witness to the signature representing the registering agency or court. The registration information shall be immediately entered into DELJIS by the registering agency or court, unless such agency or court does not have access to DELJIS in which case the completed registration form shall be immediately forwarded to the Superintendent of the Delaware State Police who shall immediately enter the registration information into DELJIS. Registration information entered into DELJIS pursuant to this subsection shall be entered into a database of registered sex offenders which shall be developed and maintained by DELJIS. Nothing herein shall prevent the use of the registered sex offender database for any lawful purpose. The Superintendent of the Delaware State Police shall have the authority to audit the registration forms and information, and shall have the authority to require the sex offender to provide revised or additional information, photographs, fingerprints or exemplars if those submitted are deemed to be insufficient, and the sex offender may be required to appear at a Delaware State Police facility for such purposes.

(2) The registration forms shall include, but are not limited to, the following information: the sex offender's legal name, any previously used names, aliases or nicknames, and the age, gender, race and physical description of the sex offender. The registration form shall also include all other known identifying factors, the offense history and the sex offender's anticipated place of future residence and employment. The forms shall also include a statement of any relevant conditions of release, discharge, parole or probation applicable to the sex offender. Additionally, the form shall identify the age of the victim(s) of the offense(s) and describe his or her relationship to the offender. The form shall also indicate on its face that false statements therein are punishable by law. A photograph of the offender taken at the time of registration shall be appended to the registration form except that no photograph shall be required if the offender is re-registering within 2 years of a previous registration which was accompanied by a photograph.

(e) (1)  Any person convicted of any offense specified in the laws of another state, the United States or any territory of the United States which is the same as, or equivalent to, any of the offenses set forth in ァ 4121(a)(4) of this title, and who is a permanent or temporary resident of the State on the date of his or her conviction shall register as a sex offender within 7 business days of conviction, unless the person is confined in a penal institution located outside the State at the time of conviction, in which case the person shall register as a sex offender within seven business days of his or her first return to the State of Delaware after release from custody. Any such person shall register at a designated Delaware State Police facility, and the Delaware State Police shall be deemed to be the registering agency.

(2) Any person convicted of any offense specified in the laws of another state, the United States or any territory of the United States which is the same as, or equivalent to, any of the offenses set forth in ァ 4121(a)(4) of this title, who is not a permanent or temporary resident of the State on the date of his or her conviction, and who thereafter becomes a permanent or temporary resident of the State shall register as a sex offender within 7 business days of establishing permanent or temporary residency within the State. Any such person shall register at a designated Delaware State Police facility, and the Delaware State Police shall be deemed to be the registering agency.

(3) Any person convicted as described in paragraph (1) or paragraph (2) of this subsection, who is thereafter released on probation, parole or any form of early release which is supervised or monitored by the Department of Correction or the Division of Youth Rehabilitative Services shall be registered pursuant to this subsection. The Department of Correction or the Division of Rehabilitative Services shall ensure and verify such registration.

(f) (1)  Any sex offender who is required to register pursuant to this section, who thereafter changes his or her residence address, shall re-register with the Delaware State Police within 7 business days of the change of address. The sex offender shall be required to provide adequate verification of his or her residence at the stated address. The Superintendent of the Delaware State Police shall be deemed to be the registering agency and shall comply with the requirements of subsection (d) of this section.

(2) Within 3 business days of receiving a re-registration as provided in paragraph (1) of this subsection, the Superintendent of the Delaware State Police shall notify the chief law enforcement officer having jurisdiction over the sex offender's prior residence and the chief law enforcement officer having jurisdiction over the offender's new residence. The notice shall include, but is not limited to, all available registration information pertaining to the sex offender as set forth in subsection (d) of this section.

(3) Whenever a sex offender re-registers pursuant to this subsection, notification shall be provided pursuant to the requirements of ァ 4121 of this title.

(4) Any agency or court which collects registration information from a sex offender pursuant to this section shall, at the time of registration, provide written notice to the sex offender of his or her duty to re-register pursuant to this section. The written notice shall also inform the offender that if he or she changes residence to another State, such new address must be registered with the Delaware State Police, and with a law enforcement agency having jurisdiction over his or her new residence. The written notice shall be provided on forms provided by the Superintendent of the Delaware State Police. Receipt of this written notice shall be acknowledged by the sex offender, who shall sign the original copy of the written notice. The original copy of the written notice shall be forwarded to the Superintendent of the Delaware State Police along with the registration form. Failure of the registering agency to provide such written notice shall not constitute a defense to any prosecution based upon a violation of this section.

(5) This requirements of this subsection shall apply regardless of whether the sex offender's new residence is located within or without the State.

(6) Any sex offender who is required to re-register pursuant to this subsection, who is serving a sentence at Level II, III or IV at the time of such re-registration, may re-register with the agency supervising his or her sentence within 7 business days of the change of address.

(g) (1)  Any person required to register as a sex offender pursuant to this section shall be required periodically to verify that he or she continues to reside at the address provided at the time of registration. The frequency of periodic address verification shall be: 

a. Every 90 days following the date of completion of the initial registration form if the person is designated to Risk Assessment Tier III pursuant to ァ 4121 of this title; or

b. One year after the completion of the inIf the court imposing any sentence to pay a fine, costs, restitution or all 3 has no civil docket for the entry of a judgment, then such court may immediately transfer such judgment to the civil judgment docket of an appropriate court, as shall be determined by the court imposing such sentence.itial registration form, and thereafter then annually, if the person is designated to Risk Assessment Tier II or I pursuant to ァ 4121 of this title.

(2) Address verification pursuant to this subsection shall be by mail. At least 30 days prior to the date specified in this subsection for a sex offender's verification, the Superintendent of the Delaware State Police shall mail a nonforwardable address verification form to the offender's last-reported address. The sex offender shall return the address verification form by mail to the Superintendent of the Delaware State Police on or before the date specified for verification. Any sex offender who fails to do so shall be in violation of this section unless the offender establishes by a preponderance of the evidence, that he or she has not changed his or her residence address since the last verification.

(h)  Any sex offender required to register pursuant to this section may petition the Superior Court for release from the registration requirements as set forth in ァ 4121(f)(2) of this title.

(i)  Any agency responsible for complying with this section may promulgate reasonable regulations, policies and procedures for the purpose of implementing this section. Such rules, regulations, policies and procedures shall be effective and enforceable upon their adoption by the agency, and shall not be subject to Chapter 11 or Chapter 101 of Title 29.

(j)  All elected public officials, public employees or public agencies are immune from civil liability for any discretionary decision to release relevant information, unless it is shown that the official, employee or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public. There shall be no civil legal remedies available as a cause of action against any public official, public employee or public agency for failing to release information as authorized in this section.

(k)  Any sex offender who knowingly or recklessly fails to register or re-register pursuant to this section or to otherwise comply with any of the provisions of this section, shall be guilty of a class G felony.

(l)  Any registration or re-registration information collected by the Superintendent of the Delaware State Police pursuant to this section shall be promptly forwarded to the Federal Bureau of Investigation for use pursuant to 42 U.S.C. ァ 14072.

(m)  Notwithstanding any law, rule or regulation to the contrary, any law enforcement agency may release relevant information collected pursuant to this section where it is necessary to protect the public concerning a sex offender required to register pursuant to this section, except that the identity of a victim of the offense shall not be released."

(69 Del. Laws, c. 282, ァ 1; 70 Del. Laws, c. 186, ァ 1; 70 Del. Laws, c. 397, ァァ 1-19, 23[24], 24[25], 25[26], 23[27]; 71 Del. Laws, c. 203, ァァ 1-5; 71 Del. Laws, c. 429.)


  ァ 4121. Community notification of sex offenders on probation, parole, conditional release or release from confinement.

(a)  When used in this subchapter:

(1) "Community notification" means notice which is provided by any method devised specifically to notify members of the public who are likely to encounter a sex offender. Methods of notification may include door-to-door appearances, mail, telephone, newspapers or notices to schools and licensed day care facilities within the community, or any combination thereof. Community notification may also include a photograph of the offender.

(2) "Conviction" and "convicted" shall include, in addition to their ordinary meanings, adjudications of delinquency and persons found guilty but mentally ill or not guilty by reason of insanity, as provided in ァ 401 of this title.

(3) "Searchable records available to the public" means records regarding every sex offender convicted after June 27, 1994, who is subject to the registration requirements of ァ 4120 of this title and who is thereafter designated to Risk Assessment Tier II or III pursuant to this section. Such records shall also include the last verified address for the offender, and shall identify the specific sex offense(s) for which the offender was convicted, and the date(s) of the conviction(s). The records may also include other information designated for public access by the Superintendent of the Delaware State Police. These records shall be searchable by the name of the sex offender and by suitable geographic criteria, and shall be made available to the public upon request through police agencies and public libraries, and by means of the Internet. The records shall be maintained by the Superintendent of the Delaware State Police, as set forth in ァ 4120 of this title, and elsewhere in this section. They shall be updated as often as practicable, but not less than every 3 months.

(4) "Sex offender" means any person who is, or has been:

a. Convicted after June 27, 1994, of any of the offenses specified in ァァ 765 through 780, ァ 1100, ァァ 1108 through 1112, ァ 1352(2) or ァ 1353(2) of this title, or of any attempt to commit any of the aforementioned offenses; or

b. Any juvenile who is adjudicated delinquent after June 27, 1994, of any offense which would constitute any of the offenses set forth in subparagraph a. of this paragraph if he or she had been charged as an adult; or

c. Convicted after June 27, 1994, of any offense specified in the laws of another state, the United States or any territory of the United States which is the same as, or equivalent to, any of the offenses set forth in subparagraph a., b. or d. of this paragraph; or

d. Convicted after September 1, 1998, of a violation of ァ 783(4) or ァ 783A(4) of this title, if the purpose of the crime was to facilitate any offense set forth in subparagraph a., b. or c. of this paragraph; or

e. Charged by complaint, petition, information or indictment with any of the offenses set forth in subparagraphs a., b., c. or d. of this paragraph, and who thereafter pleads guilty to any offense included in the originally charged offense, as provided in ァ 206 of this title, if the person is thereafter designated as a sex offender by the sentencing judge pursuant to subsection (e) of this section, such guilty plea occurring after September 1, 1998; or

f. Convicted on or before June 27, 1994, of any of the offenses set forth in subparagraphs a., b., c. or d. of this paragraph, and who is as of September 1, 1998, serving a sentence of probation or parole as part of the sentence imposed for such conviction; who thereafter is deemed by a court of competent jurisdiction to have violated the terms or conditions of his or her probation or parole; and who is thereafter designated as a sex offender by the sentencing judge pursuant to subsection (e) of this section; or

g.
Any person convicted after June 27, 1994, of a violation of ァ 764 of this title if the person had previously been convicted of the same offense or any other offense set forth in this paragraph, and the previous conviction occurred within 5 years of the date of the conviction for the current offense.

(b)  Upon a person's conviction or adjudication of delinquency for any offense set forth in subparagraphs (a)(4)a., d. or g. of this section, the sentencing court shall inform the person that he or she shall be designated as a sex offender and that a Risk Assessment Tier will be assigned to him or her by the court. Upon a person's conviction or adjudication of delinquency for any offense set forth in subparagraph (a)(4)e. or f. of this section, upon notice by the State of its intent to seek to have the person designated as a sex offender, the court shall inform the person that, at a designated time after sentencing, a hearing will be held to determine whether he or she shall be designated as a sex offender by the court, and that if the person is so designated, a Risk Assessment Tier will be assigned to him or her by the sentencing court.

(c)  Following the sentencing of a person convicted or adjudicated delinquent for any offense described in subparagraphs (a)(4)a., b., d. or g. of this section, the sentencing court shall conduct a hearing at which time it shall designate the person as a sex offender and assign him or her to a Risk Assessment Tier. Any hearing required by this section shall be separate from and shall follow the sentencing hearing, provided that such hearing may be held immediately following the sentencing hearing.
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TITLE 11

  ァ 4336. Community notice of offenders on probation, parole, conditional release, or release from confinement.

(a)  Notwithstanding any other provision of law to the contrary, the Department of Corrections or the Department of Services to Children, Youth and Their Families (DSCYF) as the case may be, shall provide written notice to the Attorney General, to the chief law enforcement officer of the jurisdiction which made the original arrest, to the chief law enforcement officer where the prisoner intends to reside and to the Superintendent of State Police, of the release from incarceration of any person who has been convicted of: (i)
any of the offenses specified in ァァ 764 through 779 of Title 11 ; (ii) any of the offenses specified in ァァ 1108 through 1111 of Title 11; or (iii) attempt to commit any of the foregoing offenses, or of the release of any juvenile adjudicated delinquent on the basis of an offense which, if committed by an adult, would constitute: (i) any of the offenses specified in ァァ 764 through 779 of Title 11; (ii) any of the offenses specified in ァァ 1108 through 1111 of Title 11; or (iii) attempt to commit any of the foregoing offenses.

(b)  Notwithstanding any other provision of law to the contrary, the official in charge of any other institution where an inmate is confined because of the commission or attempt to commit any of the offenses specified subsection (a) of this section, or the official in charge of a state hospital to which a person is committed as a result of having been convicted or adjudged guilty but mentally ill or adjudged not guilty by reason of insanity of 1 of the offenses specified in subsection (a) of this section, shall provide written notice to the Attorney General, to the chief law enforcement officer of the jurisdiction which made the original arrest, to the chief law enforcement officer where the prisoner intends to reside and to the Superintendent of State Police of the release from such institution or state hospital of any such inmate or person.

(c)  Any notice required pursuant to subsection (a) or subsection (b) of this section shall be given no more than 90 days, and no less than 45 days, prior to such person's release. The notice shall include, without limitation, the legal name, any alias or nicknames, age, sex, race, fingerprints, all known identifying factors, offense history, anticipated future residence and a photo of the released person supplied by the Department of Corrections or the DSCYF, as the case may be, and taken not more than 90 days prior to release. No person shall be released from incarceration or confinement unless and until the person cooperates with the appropriate authorities pursuant to this section.

(d)  Notwithstanding any other provision of law to the contrary, the court, where a person convicted of any of the offenses specified in subsection (a) of this section is released by a state court on probation or discharged by a state court upon payment of a fine, shall provide written notice to the Attorney General, to the chief law enforcement officer of the jurisdiction which made the original arrest, to the chief law enforcement officer where the convicted person intends to reside and to the Superintendent of State Police of the release from such court.

(e)  Any notice pursuant to subsection (d) of this section shall be given no more than 5 working days after the person's release. The notice shall include, without limitation, the following information as it is available to the court or notation as to the repository for said information: the legal name, any alias or nicknames, age, sex, race, fingerprints, all known identifying factors, offense history, anticipated future residence and a photo taken not more than 90 days prior to release.

(f)  The Attorney General shall use any reasonable means to notify the victim of the anticipated release unless the victim has requested not to be notified.

(g)  The Attorney General shall, within 10 days after receiving notification of a pending release pursuant to subsection (a) or subsection (b) of this section, or notification of release pursuant to subsection (d) of this section, assess the offender in accordance with the Registrant Risk Assessment Scale, the form of which and a manual for which are attached hereto as Exhibit A. The Attorney General shall notify the Delaware State Police and the chief law enforcement officer of the jurisdiction where the offender intends to reside as to the resulting score on the Registrant Risk Assessment Scale, and shall forward a copy of the completed Registrant Risk Assessment Scale to the Superintendent of the Delaware State Police and to the chief law enforcement officer of the jurisdiction where the registrant offender intends to reside.

(h)  The chief law enforcement officer of the jurisdiction where the inmate intends to reside, or the Superintendent of State Police if no local agency exists, shall provide notification of the convicted sex offender's release in accordance with the following guidelines:

(1) Those persons receiving a "Low Risk" score on the Registrant Risk Assessment Scale shall be considered a Tier One offender. The release of Tier One offenders will require notification to all law enforcement agencies with jurisdiction over the area where the offender intends to reside.

(2) Those persons receiving a "Moderate Risk" score on the Registrant Risk Assessment Scale shall be considered a Tier Two offender. In addition to law enforcement notification, the release of a Tier Two offender shall require a Community Organization Alert pursuant to this paragraph. Such Community Organization Alert may include a photograph of the offender if deemed appropriate by the notifying agency. In order to be a community organization entitled to Tier Two notification, such organizations must register with the local law enforcement agency, or where the community has no local law enforcement agency, with the Superintendent of State Police. Organizations may only be included on the notification list if they operate an establishment where children gather under their care or where women are cared for. The State Board of Education shall provide all law enforcement agencies within the State a list of all educational institutions within the Board's administration. Every law enforcement agency shall automatically register each institution on the Board's list located within its jurisdiction. Notification will go to those organizations which, at any specific time, are likely to encounter the released offender. "Likely to encounter" for the purposes of this section means that the location of any organization is such that they are in close geographic proximity to a location where the released offender resides or visits or can be presumed to visit on a regular basis.

(3) Those persons receiving a "High Risk" score on the Registrant Risk Assessment Scale shall be considered a Tier Three offender. In addition to law enforcement notification and a Community Organization Alert, the release of a Tier Three offender shall require community notification pursuant to this paragraph. Community notification shall be conducted by door-to-door appearances or by mail or by other methods devised specifically to notify members of the public likely to encounter the offender. Community notification should be targeted to a defined community. Such community notification may include a photograph of the offender if deemed appropriate by the notifying agency.

(i)  A complete register of all persons convicted after June 27, 1994, of any of the offenses specified in subsection (a) of this section, or of attempt to commit any of such offenses shall be created, maintained and routinely updated by the Delaware State Police for immediate accessibility by the Delaware Justice Information System (DelJIS) computer to all law enforcement agencies. Such register shall be accessible by the name of each offender or by county of residence of each offender. The register required by this subsection shall be established by the Delaware State Police no later than 6 months after June 21, 1996.

(j)  All elected public officials, public employees and public agencies are immune from civil liability for any discretionary decision to release relevant information unless it is shown that the official, employee or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public.

(k)  There shall be no civil legal remedies available as a cause of action against any public official, public employee or public agency for failing to release information as authorized in this section. 
(l)  In addition to those circumstances enumerated in this section, law enforcement agencies shall notify any member of the public of the release of a person described in subsection (a), subsection (b) or subsection (d) of this section where such released person may pose a particular threat or danger to a member of the public.


(m)  The Court in which any person described in subsection (a) of this section is sentenced shall designate for the Department of Corrections or the DSCYF, as the case may be, at the time of sentencing that notice in accordance with this section shall be required. 

(n)  The Court in which any person described in subsection (b) of this section is sentenced shall designate for the official in charge of the institution of confinement or state hospital at the time of sentencing that notice in accordance with this section shall be required.

(o)  The Court in which any person described in subsection (d) of this section is sentenced shall determine, at the time of sentencing, that notice in accordance with this section shall be required.

(p)  The Office of Information Services shall provide public notification of the name of every person designated by the Attorney General as a Tier Three sex offender pursuant to subsection (h)(3) of this section (including any known alias), the last verified address of the offender, the title of any sex offense for which the offender has been convicted and the date of conviction. Such information shall be searchable by the name of the sex offender and by geographic criteria, and shall be made available to the public by the Internet, and by printed copy that shall be available on request at any state or local police agency and all public libraries within the State. Such information shall be updated as often as practicable, but not less than every 3 months, and shall be maintained by the Superintendent of the Delaware State Police, as set forth in ァ 4120 of this title, and elsewhere in this section.

(q)  This section shall apply with respect to persons convicted after June 21, 1996, but before March 1, 1999. 


(69 Del. Laws, c. 469, ァ 1; 70 Del. Laws, c. 186, ァ 1; 70 Del. Laws, c. 373, ァ 1; 71 Del. Laws, c. 428, ァ 1; 71 Del. Laws, c. 429, ァ 3.)
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