Summary of State Sex Offender Registries, 2001

2001 NCJ 192265:

This factsheet updates the original Summary of State Sex Offender Registries: Automation and Operation 1998. It summarizes information on the status of sex offender registries in the 50 States and the District of Columbia as they operated in February 2001. Information is presented on the organizational location of the State registries, number of offenders in the registries; their level of automation and capability to receive, store, and transmit fingerprints; whether DNA samples are included in registration procedures; and community notification procedures including use of the Internet to post information on registered offenders.

Background and overview

In March 1998 the Bureau of Justice Statistics (BJS) established the National Sex Offender Registry Assistance Program (NSOR-AP).

As a component of the National Criminal History Improvement Program (NCHIP), NSOR-AP assists States in meeting the requirements of the Wetterling Act (Pub. L. 104-145, 110 Stat.1345), as amended by Megan's Law, and the Pam Lychner Act (Pub. L. 104-236, 110 Stat.3093). The program also provides assistance to allow States to participate in the FBI's permanent National Sex Offender Registry (NSOR). The congressional appropriation in 1998 was $25 million. Subsequent funding was provided under the ongoing NCHIP program.

Under NSOR-AP, a project was initiated in April 1998 to survey the States to evaluate the status of State sex offender registries (SOR's) and to identify priority areas, before the awarding of funds. The survey findings were published in a web-only format and are available on the BJS website at .

1999 update

Pursuant to section 902 of the Protection of Children from Sexual Predators Act of 1998, Congress directed the Attorney General to study the feasibility of establishing a national hotline to access the FBI's sex offender registry. In support of this study, BJS was asked to contact the States a second time for an update of their sex offender registry dissemination procedures to reflect conditions as of May 1999.

BJS asked the States to provide information on all existing State notification systems, and also to describe any use of the Internet, CD-ROM's, and hotlines to disseminate information to the public on registered sex offenders.

Of particular interest were those procedures used to disseminate information on sexual predators, or the highest risk offenders in each State's registry.

The report Summary of State Sex Offender Registry Dissemination Procedures, Update 1999, a BJS Fact Sheet, was published in August 1999 and is on the BJS website at .

Summary of State sex offender registries, update 2001

In February 2001, BJS contacted the States for a third time to obtain information on the operation of their sex offender registries. In addition to updating procedures relating to community notification, the States were asked to update information on the overall operation and automation of the SOR's. Responses were received from all 50 States and the District of Columbia. Once the information was updated, a draft was sent to the States for final review.

Location of State sex offender registries

In 17 States, the State police (patrol or troopers) were responsible for operating and maintaining the registry. The department of public safety (DPS) was responsible in 11 States. The office of the attorney general operates the registry in six States, and the department of corrections is responsible in three States. In the remaining States some other defined criminal justice agency is responsible for the SOR.

Number of offenders in the registry

Several factors in the authorizing legislation significantly influenced the size of any particular State registry, among them are included the number of different offenses requiring registration, the date that "triggers" the registration mandate, and the duration of the registration requirement. (For example, California includes all adults convicted in a California court of a covered offense since 1944.)

In February 2001, there were approximately 386,000 convicted sex offenders registered in 49 States and the District of Columbia. The number of offenders in individual State Registries ranged from 473 registrants in Maine to 88,853 registrants in California (this represents about a 14% increase in the California registry in a 3-year period), with the registry median being approximately 4,100 offenders.

The legal status of registries was a factor affecting the counts of registered sex offenders. Massachusetts' information is not included in the 386,000, because at the time the survey was conducted a superior court injunction was in place against the Sex Offender Registry Board (SORB), prohibiting registration without first providing the sex offender a hearing. The injunction was appealed to the Supreme Judicial Court. On June 28, 2001, the court concluded that the SORB can require an offender to provide his home and work address prior to providing the offender a hearing to determine whether or not the offender has to register. Under the ruling the SORB may also transmit this data, and other data regarding the offender, to police departments. However, the information may not be disseminated to the public until the board classifies the offender and the offender has an opportunity to challenge the recommended classification at an administrative hearing. Massachusetts estimates that there are about 17,000 offenders identified as qualified to register.

Comparatively, in April 1998, approximately 277,000 convicted sex offenders were registered in 49 States and the District of Columbia. (At the time the survey was conducted in 1998, Connecticut did not have a centralized sex offender registry and thus did not provide information on the number of registered offenders.) ..more.. by