22-4905. Release of offender; duties of court and staff of facility upon release relating to offender registration.
22-4905
22-4905. Release of offender; duties of court andstaff of facility uponrelease relating to offender registration.(a) (1) Any offender, who is discharged orparoledfrom a prison, hospital or other institution or facility involving a violationof any crime or confinement as provided insubsection (a), (b), (d) or (f) of K.S.A. 22-4902 andamendments thereto, prior todischarge, parole or release,shall be informed by the staff of the facility in which theoffender was confined of the duty to register as provided in this act.
(2) (A) The staff of the facility shall: (i) Explain the duty toregister and theprocedure for registration;
(ii) obtain the information required for registration as provided in K.S.A.22-4907 and amendments thereto;
(iii) inform the offender that the offender must give written notice of anychange of address within 10 days of a change in residence to the lawenforcement agency where last registered and the Kansas bureau ofinvestigation;
(iv) inform the offender that if the offender changes residence toanotherstate, the offender must inform the law enforcement agency where lastregistered and the Kansas bureau of investigation of such change inresidence and must register in the new statewithin 10 days of such change in residence;
(v) inform the offender that the offender must also register in any stateor county where the offender is employed, carries on a vocation or is astudent;
(vi) inform the offender that if the offender expects to or subsequentlybecomes enrolled in any institution of higher education in the state of Kansason a full-time or part-time basis or have any full-time or part-time employmentat an institution of higher education in the state of Kansas, with or withoutcompensation, for more than 14 days or an aggregate period exceeding 30 days inone calendar year, the offender must provide written notice to the Kansasbureau of investigation within 10 days upon commencement of enrollment oremployment;
(vii) inform the offender that if there is any change or termination inattendance or employment, at an institution of higher education, the offendermust provide written notice to the Kansas bureau of investigation within 10days of the change or termination;
(viii) inform the offender of the requirement of an annual driver'slicenserenewal pursuant to K.S.A. 8-247, and amendments thereto, and an annualidentification card renewal pursuant toK.S.A. 2007 Supp.8-1325a, andamendments thereto;and
(ix) require the offender to read and sign theregistration form whichshallinclude a statement that the requirements provided in thissubsection have been explained to the offender.
(B) The staff of the facility shall give one copy of the form to theperson, within three days,and shall send two copies of the form provided by subsection (2)(A)(v)to the Kansasbureau of investigation, which shallthen forward one copy to the law enforcement agency having jurisdiction wherethe person expects to reside upon discharge, parole or release. The Kansasbureau of investigation must immediately ensure that such information isentered in the state law enforcement record system. The Kansas bureau ofinvestigation shall transmit such conviction data and fingerprints to thefederal bureau of investigation.
(b) (1) Any offender whois released on probation, receives a suspended sentence, sentenced tocommunity corrections or released on postrelease supervision because of thecommission of any crime as provided in subsection (a), (b) or (d) of K.S.A.22-4902and amendments thereto, prior to release,shall be informed of theoffenders duty to register as provided in this act by the court in which theoffender is convicted.
(2) (A) The court shall: (i) Explain the duty to register and the procedureforregistration;
(ii) obtain the information required for registration as provided in K.S.A.22-4907 and amendments thereto;
(iii) inform the offender that the offender must give written notice of anychange of address within 10 days of a change in residence to the lawenforcement agency where last registered and the Kansas bureau ofinvestigation;
(iv) inform the offender that if the offender changes residence to anotherstate, the offender must inform the law enforcement agency where lastregistered and the Kansas bureau of investigation of such change inresidence and must register in the new statewithin 10 days of such change in residence;
(v) inform the offender that the offender must also register in any stateor county where the offender is employed, carries on a vocation or is astudent;
(vi) inform the offender that if the offender expects to or subsequentlybecomes enrolled in any institution of higher education in the state of Kansason a full-time or part-time basis or have any full-time or part-time employmentat an institution of higher education in the state of Kansas, with or withoutcompensation, for more than 14 days or for an aggregate period exceeding 30days in one calendar year, the offender must provide written notice to theKansas bureau of investigation within 10 days upon commencement of enrollmentoremployment;
(vii) inform the offender that if there is any change or termination inattendance or employment at an institution of higher education, the offendermust provide written notice to the Kansas bureau of investigation within 10days of the change or termination;
(viii) inform the offender of the requirement of an annual driver'slicense renewal pursuant to K.S.A. 8-247, and amendments thereto, and an annualidentification card renewal pursuant toK.S.A. 2007 Supp.8-1325a, andamendments thereto;and
(ix) require the offender to read and sign theregistration form whichshallinclude a statement that the requirements provided in thissubsection have been explained to the offender.
(B) The court shall give one copy of the form to the person and, withinthree days,shall sendtwo copies of the form provided by subsection (2)(A)(v)to the Kansas bureau ofinvestigation which shall then forward onecopy to the law enforcement agency having jurisdiction where the person expectsto reside upon release. The Kansas bureau of investigation must immediatelyensure that such information is entered in the state law enforcement recordsystem. The Kansas bureau of investigation shall transmit such conviction dataand fingerprints to the federal bureau of investigation.
History: L. 1993, ch. 253, § 21;L. 1994, ch. 107, § 4;L. 1997, ch. 181, § 10;L. 1999, ch. 164, § 32;L. 2001, ch. 208, § 12;L. 2003, ch. 123, § 6;L. 2006, ch. 214, § 8; June 1.