Registration of Sex Offenders Regulations, 2019

REGISTRATION OF SEX OFFENDERSREGULATIONS, 2019

Arrangement of RegulationsRegulation

PART I – PRELIMINARY 31. Citation................................................................................................................32. Interpretation........................................................................................................3

PART II – REGISTRATION OF SEX OFFENDERS 3REGISTRY 3

3. Registry................................................................................................................3REGISTRAR 4

4. Appointment of Registrar.....................................................................................45. Functions of Registrar..........................................................................................4REGISTER 5

6. Entry of information in Register...........................................................................57. Amendment or alteration to Register....................................................................58. Termination of registration...................................................................................59. Destruction of information from Register on conviction set aside, etc.................510. Certificate of removal or destruction....................................................................611. Offenders rights in relation to Register.................................................................6

PART III – EFFECTS OF REGISTRATION 6NOTIFICATION OF RELEASE 6

12. Release of sex offender........................................................................................613. Public notification of release of sex offenders......................................................614. Notification to a specific individual of release of a sex offender..........................715. Authorized identification information..................................................................7REPORTING 7

16. Reporting by sex offender....................................................................................717. Notice of absence.................................................................................................818. Reporting acknowledgement receipt. ..................................................................819. Verification of address..........................................................................................8MISCELLANEOUS 8

20. Obligation for secrecy..........................................................................................821. Annual report.......................................................................................................9

FIRST SCHEDULE 10

SECOND SCHEDULE 22

Registration of Sex Offenders Regulations, 2019

SEXUAL OFFENCES ACT(CHAPTER 99)

REGISTRATION OF SEX OFFENDERS REGULATIONS,2019

The Minister responsible for National Security, after consultation with theCommissioner of Corrections and in exercise of the powers conferred by sections 26Aand 26J of the Sexual Offences Act (Ch. 99), makes the following Regulations —

PART I – PRELIMINARY

1. Citation.

These Regulations may be cited as the Registration of Sex Offenders Regulations, 2019.

2. Interpretation.

In these Regulations—“Act” means the Sexual Offences Act (Ch.99);“Minister” means the Minister responsible for national security;“Register” means the Sex Offender Register established pursuant to

section 26A of the Act;“Registry” means the Sex Offender Registry established pursuant to

section 26A of the Act and includes any other location designated by the Minister as a Sex Offender Registry Registration Centre;

“sexual offender” means a person convicted of a specified offence in the Schedule to the Act.

PART II – REGISTRATION OF SEX OFFENDERS

REGISTRY

3. Registry.

(1) In accordance with section 26A of the Act, the Registry in New Providence shall be under the day to day management of the Commissioner of Corrections.

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(2) At each Registration Centre designated pursuant to section 26A(5) of the Act, there shall be such members of staff of the Registration Centre, who shall be assigned duties as registration officers.

(3) The functions of each registration officer shall be to carry out such duties in relation to the administration of the operation of the Registry and the keeping and maintenance of the Register, including such other duties that the Registrar may assign, from time to time.

REGISTRAR

4. Appointment of Registrar.

The Commissioner of Corrections shall appoint a Registrar who shall have responsibility for the Registry for the purposes of this Act.

5. Functions of Registrar.

The Registrar shall —(a) ensure that the Register is kept and maintained up-to-date in

accordance with the requirements of the Act and these Regulations;(b) develop, implement and monitor operating standards for ensuring

that the staff of the Registry complies with the requirements of the Act;

(c) provide, where the Registrar considers it necessary, such guidance and information generally and to specific persons, that will assist in the effective administration of the operation of the Registry and the keeping and maintenance of the Register;

(d) liaise with the Commissioner of Police and with probation officers in order to facilitate the effective implementation of the Act and these regulations;

(e) implement measures for the purpose of obtaining regular reports from the Police, probation officers and Registration Centres for the purpose of verifying whether sex offenders are complying with the notification and reporting requirements of section 26F to 26H of the Act;

(f) where applicable, inform sex offenders in writing of the notification and reporting requirements under the Act;

(g) comply with any order for termination of the registration and reporting requirements made by a Judge in Chambers in accordance with the Act.

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REGISTER

6. Entry of information in Register.

(1) Particulars of a conviction as shall be provided to the Registry in accordance with section 26B of the Act, shall be in Form 1 in the First Schedule and such information shall be entered and maintained in the Register.

(2) The Register —(a) shall be kept in a computerized database or other form approved by

the Minister; and(b) may be kept and maintained otherwise than in a legible form,

subject to it being capable of being converted into a legible form and being used to make a legible copy or reproduction of any entry in the Register.

7. Amendment or alteration to Register.

(1) Except in accordance with paragraph (2) and regulation 8 and 9, no information contained in the Register shall be amended or altered.

(2) The Registrar may cause any inaccuracies affecting information in the Register that comes to his attention to be promptly corrected.

8. Termination of registration.

(1) Subject to paragraph (2), on the termination of the registration and reporting requirements of a sex offender in accordance with the Act, all information relating to the sex offender that was entered in the Register shall be removed therefrom within fourteen days from the date of such termination.

(2) The information relating to the sex offender that is removed from the Register pursuant to paragraph (1) shall be stored and maintained by the Registrar in a separate database or other form solely for research and statistical purposes and in a manner approved by the Minister and which does not allow the identity of the sex offender to be disclosed.

9. Destruction of information from Register on conviction set aside, etc.

Where—(a) on appeal, the conviction of a person has been set aside in

accordance with section 26C of the Act; or(b) a person convicted of an offence has been pardoned for that

offence,

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all information which, was recorded in the Register or otherwise retained in the Registry shall be removed therefrom and all records thereof destroyed within fourteen days of the date of the quashing of the conviction or the pardon, as the case may be.

10. Certificate of removal or destruction.

(1) Where —(a) registration of a sex offender is terminated pursuant to regulation 8;(b) information on the Register is destroyed pursuant to regulation,a certificate of removal or destruction, as the case may be, shall be made in Form 2 of the First Schedule.

(2) The certificate made pursuant to subsection (1) shall be forwarded to the sex offender or his attorney.

11. Offenders rights in relation to Register.

A sex offender to whom this Act applies may request in writing that a record of his entry on the Register be made available to him.

PART III – EFFECTS OF REGISTRATION

NOTIFICATION OF RELEASE

12. Release of sex offender.

(1) The Commissioner of Corrections shall notify the Minister in writing of the intended release of a sex offender no less than six months prior to the date of intended release of such offender.

(2) Upon the release of every person to whom this Act applies and who is subject to registration and reporting requirements, the Commissioner of Corrections shall in accordance with section 26E of the Act —(a) notify the Commissioner of Police as set out in Form 3 of the First

Schedule; and(b) notify the offender of his duty to report as set out in Form 4 of the

First Schedule.

13. Public notification of release of sex offenders.

(1) Before determining to give any notification in relation to a particular sex offender in accordance with section 26J of the Act, the Minister shall after consultation with the Commissioner of Corrections, and as appropriate with the Commissioner of Police, satisfy himself that —

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(a) a sex offender presents a risk of significant harm to the health or safety of the public; and

(b) a disclosure should be made to the public or a part thereof, to heighten their awareness of the presence of the sexual offender in or near their area,

(2) Where the Minister is satisfied of the matters in paragraph (1), the Minister shall in writing cause notification to be given by the police to the public or part thereof in the manner stated therein and to the extent authorized.

14. Notification to a specific individual of release of a sex offender.

(1) Before determining to give any notification to a specific individual in relation to a particular sex offender in accordance with section 26J of the Act, the Minister shall after consultation with the Commissioner of Corrections, and as appropriate with the Commissioner of Police, satisfy himself of the need to protect the health and safety of that specific individual.

(2) Where the Minister is satisfied pursuant to subsection (1) that —(a) a sex offender presents a risk of significant harm to the health or

safety of a specific individual; and(b) a disclosure should be made to the individual to heighten his

awareness of the presence of the sexual offender in or near his area,the Minister shall in writing cause notification to be given by the police to the that individual in the manner stated therein and to the extent authorized.

15. Authorized identification information.

Where the Minister determines to give notification pursuant to regulation 13 or 14, the Minister may authorize the disclosure of such information or part thereof as shown in the Second Schedule to adequately identify the sex offender and in making a determination, the Minister may where he thinks appropriate consult with the Commissioner of Police.

REPORTING

16. Reporting by sex offender.

Every person to whom this Act applies shall —(a) in accordance with section 26F(1) of the Act, within three days of

not being in lawful custody, report in person to the Registry that serves the area in which he resides and provide a picture

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identification and an entry of the report shall be made in the Register;

(b) in accordance with section 26G of the Act, after first reporting, subsequently report to the Registration Centre that serves the area in which he resides —(i) within seven days after he has changed his main residence or

any secondary residence;(ii) within seven days after he has changed his name; or(iii) at any time between eleven months and one year after he has

last reported to a registration centre,notify the Registrar in Form 5 in the First Schedule in accordance with section 26G of the Act and an entry of the report shall be made in the Register.

17. Notice of absence.

Every person to whom this Act applies who is not in lawful custody who intends to leave his usual address or The Bahamas shall notify the Registrar in Form 6 in the First Schedule in accordance with section 26H of the Act and an entry of the report shall be made in the Register.

18. Reporting acknowledgement receipt.

The Registry shall furnish a person who makes a report in accordance with this Act, an acknowledgement in Form 7 in the First Schedule that such report was made.

19. Verification of address

The Police shall verify the address of a person to whom this Act applies and is not in lawful custody.

MISCELLANEOUS

20. Obligation for secrecy.

(1) Every person having or having had an official duty or employment in the administration of these Regulations shall —(a) regard and deal with as secret and confidential, all information,

books, records or documents relating to the Register and the Registry;

(b) maintain the confidentiality of all information, book, record or other document relating to the Registrar and Registry coming to his knowledge as a result of his duties under these Regulations.

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(2) Notwithstanding regulation 9, any person to whom information is communicated pursuant to these Regulations shall regard and deal with such information as secret and confidential.

21. Annual report.

The Registrar shall make a report to the Commissioner of Corrections on the operations of the Registry and the maintenance of the Register, twice per year, not later than —

(a) in the first instance, the 30th day of June; and(b) in the second instance, the 31st day of December.

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FIRST SCHEDULEFORM 1

(regulation 6)

SEXUAL OFFENCES ACT

Registration of Sex Offenders Regulations

COURT TRANSMITTAL FORM

This Form is to be completed by the Clerk of the Magistrates' Court, Registrar of the Supreme Court, or Registrar of the Court of Appeal, on the conviction of a person of an offence under the Sexual Offences Act.

To: The Registrar, Sex Offender Registry

INFORMATION OF SEX OFFENDER

Name of Sex Offender:_______________ ______________ __________________ First Middle Last

Case No.____________ Date of Conviction:________/_______/_________ Day Month Year

Offence (s) convicted: __________________________________________________________________________________________________________________________________________________________________________________________________________________

Court of conviction:_____________________________________________________

Sentence:_____________________Sentence Date: ____________________________

Reporting and registration requirements directed by the Judge: __________________________________________________________________________________________________________________________________________________________________________________________________________________

Status: On Probation □ Incarcerated □ Other □

Specify (if other)________________________________________________________

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If on Appeal:Criminal Appeal No.______________ Date of Decision ______/_____/______

Day Month Year

Decision___________________________________________________________________________________________________________________________________

Where the sex offender is not granted a custodial sentence he/she must be advised of his/her obligation to report to the Sex Offender Registry within three days of conviction.

_________________________________

□ Clerk of the Magistrates' Court

□ Registrar of the Supreme Court

□ Registrar of the Court of Appeal

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FORM 2

(regulation 10)

SEXUAL OFFENCES ACT


CERTIFICATE OF REMOVAL OR DESTRUCTION

This is to certify that all information on the Sex Offender Register relating to (Name of

offender) ......................................................... of (Address) ….........................................

….......................................................................................................................................

(NIB No.) ….......................................................................... has been removed from the

Register / removed from the Register and destroyed.

He/She is no longer required to be registered or to report to the Registry at any time.

................................................ Registrar

................................................................ Date

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FORM 3

(regulation 12(2)(a))

SEXUAL OFFENCES ACT


SEX OFFENDER CORRECTIONAL FACILITY RELEASE NOTICE

To: The Commissioner of Police

TAKE NOTICE THAT the person whose particulars are set out herein, who was convicted of a specified offence, and is subject to the registration and reporting requirements of section 26B of the Sexual Offences Act has been released from the ______________________________ (name of correctional institution)

Name of Sex Offender:______________ _____________ __________________ First Middle Last

Known Alias (es) of Sex Offender: _________________________________________

Date of birth:____/____/____ Place of Birth______________________ Day Month Year

Race:____________ Sex:____________ Hair Colour:______________

Eye Colour: _________________ Height:_________________

Weight:___________ Blood Type: ________________________

Drivers Licence #:______________ Passport #:__________________

National Insurance #:_____________________________________

MAIN RESIDENCE

Address:______________________________________________________________ House/Apartment # Street (P.O. Box not acceptable)

______________________________________________________________________Island City Country

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Telephone:____________ ____________ ___________ ____________________ Home Work Mobile E-mail

SECONDARY RESIDENCE ADDRESS (if any)

Address:______________________________________________________________ House/Apartment # Street (P.O. Box not acceptable)

______________________________________________________________________Island City Country

Most frequently visited communities and other places prior to incarceration:__________________________________________________________________________________________________________________________________________________________________________________________________________________

Closest Living Relative(s) :

(1) ________________________________ _______________________________ Name RelationshipAddress: ______________________________________________________________ House/Apartment # Street (P.O. Box not acceptable)

______________________________________________________________________City Town District

Tel.:_____________ ______________ ______________ ___________________ Home Work Mobile E-mail

(2) ________________________________________ ________________________ Name RelationshipAddress: ______________________________________________________________ House/Apartment # Street (P.O. Box not acceptable)______________________________________________________________________City Town District

Tel.:_____________ ______________ ______________ ________________ Home Work Mobile E-mail

Prior convictions, if any (Insert slip if necessary):Offence:_______________ Date of Conviction:___________ Sentence:_________Offence:______________ Date of Conviction:__________ Sentence:___________Offence:______________ Date of Conviction:__________ Sentence:___________

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Last Institution of incarceration:_________Time served:_____________

Date of Release:__________________

Conditions of Release: _________________________________________________________________________________________________________________________

PERTINENT MEDICAL OR MENTAL HISTORY

Diagnosed medical or mental illness:________________________________________

Date of diagnosis:________________

Treatment prescribed:____________________________________________________

Proposed Duration of Treatment:_________ Date Treatment started: ______________

Date Treatment terminated, if applicable and reason: ____________________________________________________________________________________________________________________________________________________________________

Physical/Psychologist/Psychiatrist, etc.:

Name:________________________________________________________________First Middle Initial Last

Business Address: ______________________________________________________ Number Street Suite # (P.O. Box not acceptable) ______ City Town District

Tel:______________ ______________ _____________________________________ Work Mobile E-mail

_______________________________________________Commissioner of Corrections

Name of Institution:________________________________Address of Institution:______________________________

Note: A copy of this form shall be kept in the Register.

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FORM 4

(regulation 12(2)(b))

SEXUAL OFFENCES ACT


SEX OFFENDER REGISTRATION CERTIFICATE

This is to certify that................................................ whose photograph is affixed to this Certificate is a sex offender who is subject generally to the registration and reporting requirements of sections 26F to 26H of the Sexual Offences Act and particularly to the restrictions set out below during the period commencing on …..............................................

Restrictions1. He/She shall reside in the island of .................................. at...................and shall not change his/her residence without informing the Registrar of the Sex Offender Registry.

2. He/She shall report to the ............................ Sex Offender Registry Registration Centre for the island of.....................................at the following times—

i. Where he /she intends to travel outside The Bahamas;ii. Where he/she intends to stay at an address; or location other than the

residence stated in restriction Number 1, for a period of at least 14 consecutive days;

iii. Within 7 days after he/she has changed his/her main or secondary residence;

iv. Within 7 days after he/she has changed his/her name;v. At any time between 11 months and 1 year after the last report to the

Registration Centre being….....................................................Signature of Sex Offender

................................................Commissioner of Corrections

................................................................ Date

Note: A copy of this form shall be kept in the Register.

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FORM 5

(regulation 16)

SEXUAL OFFENCES ACT


SUBSEQUENT REPORTING FORM

To: The RegistrarSex Offender Registry

Please tick the applicable box —□ change of main residence □ change of secondary residence□ change of name □ last reported to Registration Centre between eleven

months and one year ago

Complete the form below by ONLY filling out the applicable information based on the box ticked above.

1. CHANGE OF MAIN RESIDENCECurrent main residence:________________________________________________________________ House/Apartment # Street (P.O. Box not acceptable)

________________________________________________________________ Island City Country

Telephone:________________ ____________ ____________ _____________ Home Work Mobile E-mail

New address of main residence:_________________________________________________________________________ House/Apartment # Street (P. O. Box not acceptable)

_____________________________________________________________________________Island City Country

Telephone:_____________ _____________ _____________ ______________Home Work Mobile Email

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2. CHANGE OF SECONDARY RESIDENCE

Current secondary residence:________________________________________________________________ House/Apartment # Street (P.O. Box not acceptable)

________________________________________________________________ Island City Country

Telephone:________________ ____________ ____________ _____________ Home Work Mobile E-mail

New address of secondary residence:_________________________________________________________________________ House/Apartment # Street (P.O. Box not acceptable)


Telephone:_____________ _____________ _____________ ______________Home Work Mobile Email

3. CHANGE OF NAME

Current name:_____________________________________________________________________

Last First Middle

New name:______________________________________________________________________

Last First Middle

4. LAST REPORT BETWEEN ELEVEN MONTHS TO ONE YEAR AGO

I do solemnly and sincerely declare that the information given by me in this Notice is to the best of my knowledge, true, accurate and complete.

….…........................................Signature of Sex Offender

Dated this day of , 20 .

REGISTRAR

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FORM 6

(regulation 17)

SEXUAL OFFENCES ACT


NOTICE ON ABSENCE OF SEX OFFENDER

This form is to be completed where the sex offender intends to travel outside The Bahamas or intends to stay at an address or location other than his main residence or secondary residence for a period of at least seven (7) consecutive days.

To: The Registrar Sex Offender Registry Registration Centre _________________________________________Name of Station__________________________________________

I HEREBY GIVE NOTICE that I intend to travel outside The Bahamas/intend to stay at an address or location other than my main residence or secondary residence for a period of at least seven (7) consecutive days (delete, as appropriate).

NAME OF SEX OFFENDER:__________________________________________

MAIN RESIDENCE OF SEX OFFENDER:________________________________________________________________ House/Apartment # Street (P.O. Box not acceptable)

________________________________________________________________ City Town District Telephone:________________ ____________ ____________ _____________

Home Work: Mobile E-mail

SECONDARY RESIDENCE OF SEX OFFENDER:_________________________________________________________________________ House/Apartment # Street (P.O. Box not acceptable)


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Telephone:_____________ _____________ _____________ ______________ Home Work Mobile E-mail

TRAVEL INFORMATION

ADDRESS OR LOCATION AT WHICH SEX OFFENDER IS STAYING OR INTENDS TO STAY WITHIN The Bahamas/ OR INTEND TO TRAVEL TO ABROAD (include house/apartment number. street, city,postal zone and country):________________________________________________________________________

_____________________________________________________________________

DATE OF DEPARTURE:___________________________________________________

DATE OF RETURN:_______________________________________________________

I do solemnly and sincerely declare that the information given by me in this Notice is to the best of my knowledge, true, accurate and complete.

….............…........................................Signature of Sex Offender

Dated this day of , 20 .

REGISTRAR

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FORM 7

(regulation 18)

SEXUAL OFFENCES ACT


SEX OFFENDER REPORTING ACKNOWLEDGMENT

The person whose particulars are set out herein, who was convicted of a specified offence, and is subject to the registration and reporting requirements of section 26F to 26H of the Sexual Offences Act did report to the ___________________________ (Designated Registration Center) on __________________________ (Date)

Name of Sex Offender:______________ _____________ __________________ First Middle Last

Known Alias (es) of Sex Offender: _________________________________________

Date of birth:____/____/____ Place of Birth______________________ Day Month Year

Race:____________ Sex:____________ Hair Colour:______________

Eye Colour: _________________ Height:_________________

Weight:___________ Blood Type: ________________________

Drivers Licence #:______________ Passport #:__________________

National Insurance #:_____________________________________

Signature of Officer Stamp of Station

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SECOND SCHEDULE (regulation 15)

AUTHORIZED IDENTIFICATION INFORMATION OF SEX OFFENDERS

For the purposes of notification, the public or a specific individual may be given the following identification information in relation to a sex offender —

1. A recent photograph of the sex offender.2. The sex offender's name, any known aliases and change of name as a

result of marriage, dissolution of marriage or other legally recognized circumstances.

3. The race, sex, age and height of the sex offender.4. Any distinguishing features, such as scars and tattoos.5. The occupation, employment status and address of the sex offender.6. The type of sexual offence that the sex offender has been convicted.7. The primary and the secondary address of the sex offender.

Made this day of , 2019

MINISTER RESPONSIBLE FOR NATIONAL SECURITY

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Registration of Sex Offenders Regulations, 2019

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Transcript of Registration of Sex Offenders Regulations, 2019