KRS 17.510: Registration system for adults who have committed sex crimes or crimes

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 d ischarge 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 cabine t, 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 l ocal

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, t he

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 purpos es.

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 photo graph 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.

(5) (a) The appropriate probation and parole office shall send the regi stration 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 per son'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.

(6) (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 i s 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.

(7) (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 un der 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 (5)

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 fina ncially 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 a ny 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.

(10) (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 thirt y (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 loca tion no later than five (5)

working days after the date of the change of location.

(11) (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 o f 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 (5)

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 (5)

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, coloni es, 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 r egister 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.

(14) (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 un der 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, m otor 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, th e 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 resp onsible 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.