K.s.a. 22-4901 Et Seq. - Offender Registration in Kansas
| Publication year | 2000 |
| Pages | 1 |
| Citation | Vol. 69 No. 06 Pg. 1 |
69 J. Kan. Bar Assn. June-July, 1 (2000). K.S.A. 22-4901 ET SEQ. - OFFENDER REGISTRATION IN KANSAS
Vol. 69, June-July, 2000
I. The Origin of Offender Registration in Kansas
On July 1, 1993, legislation entitled the Habitual Sex Offender Registration Act(fn1) became effective. The Act was directed at "habitual sex offenders," individuals convicted for a second or subsequent time of any of several statutorily defined "sexually violent crimes;" attempts, conspiracies or solicitations to commit a sexually violent crime; or any act that at the time of sentencing was determined beyond a reasonable doubt to have been motivated by the sexual gratification of the defendant.(fn2) Within thirty days of the habitual sex offender's arrival in a county where the offender would reside or be temporarily domiciled for more than thirty days, the offender had to register by providing certain information to the county sheriff.(fn3) This information included the offender's name and date of birth, information about his conviction, and his photograph, fingerprints and social security number.(fn4) The offender was required to register for a period of ten years following his release on probation or parole.(fn5) Violation of the terms of the Habitual Sex Offender Registration Act was punished as a class A nonperson misdemeanor.(fn6) An offender who was properly registered as required by the Act could apply at any time to the court of the county of his residence to be relieved of the duty of registration. At the resulting hearing, if the court found by a preponderance of the evidence that the offender had been rehabilitated, the court was required to order relief from the duty of registration.(fn7) Importantly, registration information obtained via the Act was not subject to the provisions of the Kansas Open Records Act,(fn8) was not open to inspection by the public, and could be obtained only by law enforcement officers or other individuals as specifically authorized by law.(fn9)
II. The Evolution of Sex Offender Registration in Kansas
The history of offender registration in Kansas has been one of steady expansion. On the date the Habitual Sex Offender Registration Act became effective, a young woman named Stephanie Schmidt was sexually assaulted and killed. Donald Ray Gideon was prosecuted for these crimes.(fn10) Gideon was on parole from 1983 convictions for rape and aggravated sodomy. The Kansas Legislature amended the Habitual Sex Offender Registration Act because of public outcry related to the case. The new provision, entitled the Kansas Sex Offender Registration Act [KSORA],(fn11) became effective on April 14, 1994, and expanded the prior law in three fundamental ways: (1) offenders convicted for the first time(fn12) of one of the listed sex offenses or a sexually motivated crime were required to register for a ten-year period following release on probation or parole;(fn13) (2) offenders convicted for a second or subsequent time of one of these offenses were required to register for their lifetime;(fn14) and (3) registration information was open to public inspection in the sheriff's office subject to the provisions of the Kansas Open Records Act.(fn15) It would appear that any member of the public could go to any sheriff's office and, by providing no more than their name, address, and proof of identity,(fn16) demand to inspect any offender registration information on file.
The Legislature amended the KSORA again, effective July 1, 1996, primarily to address the registration information the offender had to provide. In addition to the information to be provided under previous versions of the law, new information required includes six items: (1) the sex and age of the victim, (2) the offender's address, (3) the offender's DNA exemplars if not already on file, (4) the offender's driver's license and vehicle information, (5) the offender's occupation and the name of his employer, and (6) any identifying characteristics of the offender such as race, hair and eye color, scars and blood type.(fn17)
Offender registration in Kansas underwent dramatic change with the enactment, on July 1, 1997, of further amendments to the registration act. The act's new name, the Kansas Offender Registration Act [KORA],(fn18) reflected its changed nature. No longer was the application of the Act limited to persons convicted of sex offenses or sexually motivated crimes. Registration was required for: (1) sex offenders [offenders convicted of certain listed sex offenses; those convicted of comparable offenses from other jurisdictions; those convicted of an attempt, conspiracy or solicitation to commit one of the listed sex offenses; or those convicted of sexually motivated crimes];(fn19) (2) violent offenders [offenders convicted of a homicide; those convicted of comparable offenses from other jurisdictions; or those convicted of an attempt, conspiracy or solicitation to commit a homicide];(fn20) and (3) offenders convicted of certain specified crimes in which the victim(fn21) or one of the parties involved(fn22) is less than eighteen years of age. The Legislature also limited the ability of an offender to petition the court for relief from the registration requirement. Only those offenders who had already registered as provided by the act for a period of ten years for each conviction requiring registration would be eligible to seek relief from registration.(fn23) The information required to be provided by the offender was expanded to include documentation of any treatment received by the offender for any mental abnormality or personality disorder.(fn24)
III. The Current Version of the Kansas Offender Registration Act
Significant changes to the Act took effect on July 1, 1999. This new version of the Act created a category called "aggravated offenses," which are defined as: (1) a sexual act, or any attempt, solicitation or conspiracy to commit a sexual act of penetration with a victim of any age through the use of force or threat of violence, or (2) a sexual act, or any attempt, solicitation or conspiracy to commit a sexual act of penetration with a victim less than fourteen years of age. Rape and aggravated criminal sodomy are specifically listed as "aggravated offenses."(fn25) An offender, even a first-time offender, convicted of an "aggravated offense" is required to register for that offender's lifetime.(fn26) The penalty for failing to register as required by the act has been raised from a misdemeanor to a severity level ten, nonperson felony offense.(fn27) The time allowed for registration after an offender's arrival in a county of residence or temporary domicile has been reduced to ten days.(fn28) An offender's ability to seek relief from the registration requirement has been further limited. Under the current version of the Act, offenders convicted of a second or subsequent offense requiring registration, or those convicted of an aggravated offense as defined in the Act, shall not be granted an order relieving that offender of further registration.(fn29) Accordingly, relief from offender registration is available only to first-time offenders who have not been convicted of an aggravated offense, and only after they have registered as required by the terms of the Act for a period of at least ten years. Relief from offender registration is also available to those who are currently registered for a crime that, if committed on or after July 1, 1999, would not require registration.(fn30)
The 1999 amendments also added significant new sections to the registration act. One of these new provisions states that nothing in the Act shall create a cause of action against the state or an employee of the state acting within the scope of employment as a result of enforcing the Act.(fn31)
Another new provision, euphemistically referred to as the "Romeo and Juliet" statute, creates a new crime called Unlawful Voluntary Sexual Relations.(fn32) This measure was enacted due to concerns that passionate, consensual teenage relationships between members of the opposite sex could, through offender registration, result in the branding of one or both of the parties involved as a sex offender. The crime of Unlawful Voluntary Sexual Relations will apply in situations where there is voluntary sexual contact between a child who is fourteen years of age but less than sixteen years of age, and an offender who is less than nineteen years of age and less than four years older than the child. Under the terms of the provision, the offender and child must be the only parties involved in the sexual contact and be members of the opposite sex. When the unlawful voluntary sexual contact involved is sexual intercourse, the crime is a severity level eight person felony. When the unlawful voluntary sexual contact is sodomy, the crime is a severity level nine person felony. When the unlawful voluntary sexual contact is lewd fondling or touching, the crime is a severity level ten person felony. Unlawful Voluntary Sexual Relations is not listed as a crime requiring registration in the current version of the act,(fn33) so persons convicted of this offense will not be required to register under the act.
The Legislature also sought to provide relief from registration for those persons who, had their crime been committed under the current version of the law, would have been prosecuted under the new law of Unlawful Voluntary Sexual Relations. Any offender currently registered for a crime that, if committed on or after July 1, 1999, would not have required registration(fn34) may, at any time, petition the sentencing court for a hearing to decide if the offender should be relieved of the duty of registration. The court shall issue an order relieving the offender of the duty to register if it finds...
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