010 , No. 66, § 4, eff. July 1, 2010; 13 V.S.A. § 5401, Subchapter 3 of Chapter 167 et seq., "Sex Offender Registration; Law Enforcement Notification".
The purpose of this administrative rule is to expand the list of sex offenders who are eligible to petition for an exemption under § 11(3)(C) of Act 58 of the 2009 legislative session, granting an exemption from the Sex Offender Internet Registry to eligible offenders who have successfully reintegrated into the community.
This rule is applicable to all individuals and groups affected by the operations of the Vermont Department of Corrections, the Sex Offender Registry, and the Vermont Criminal Information Center. Anyone may have access to this rule.
Commissioner: The Commissioner of the Department of Corrections.
Department: The Department of Corrections.
Eligible Offender: A person, convicted of a sexual crime prior to July 1, 2009 in any jurisdiction of the United States other than Vermont, including a state, territory, commonwealth, the District of Columbia, or military, federal, or tribal court who is not under the supervision of the Vermont Department of Corrections and whose conviction requires compliance with the terms of subchapter 3 of chapter 167 of Title 13.
Index Offense: The offense(s) that require(s) compliance with the terms of subchapter 3 of chapter 167 of Title 13.
Petition: The application form and supplemental materials that must be filed by an eligible offender with the Sex Offender Review Committee in order to be considered for an exemption from the Sex Offender Internet Registry. An incomplete petition will not be considered.
Sex Offender Review Committee: The Committee established in Section 5 of the Department of Corrections APA Rule #05-013, Determination of High Risk and Failure to Comply with Treatment for Purposes of Sex Offender Internet Registry.
Sex Offender Internet Registry: The database of information, maintained by the Department of Public Safety pursuant to 13 V.S.A. § 5411(a), that is publicly accessible through the Internet.
- The offender's index offense was a misdemeanor punishable by less than six (6) months of imprisonment, or
- The offender's index offense was a criminal act solely due to the age of the victim and the offender was under the age of eighteen (18) and the victim at least twelve (12) years old at the time of the offense.
13-032 Code Vt. R. 13-130-032-X
EFFECTIVE DATE: February 3, 2011 Secretary of State Rule Log #11-002