Tennessee Laws
Click here for Definitions
Laws
"Violent sexual offender" means a person who has a conviction, as defined in subdivision (2), for a "violent sexual offense", as defined in subdivision (25); provided, that:(A) The conviction occurs on or after January 1, 1995; or
(B) If the conviction occurred prior to January 1, 1995, the person:
(i) Remains under or is placed on probation, parole, or any other alternative to incarceration on or after January 1, 1995;
(ii) Is discharged from probation, parole, or any other alternative to incarceration on or after January 1, 1995; or
(iii) Is discharged from incarceration without supervision on or after January 1, 1995;
40-39-203. Offender registration - Registration forms - Contents.
(a) Within forty-eight (48) hours of establishing or changing a primary or secondary residence, or becoming employed or practicing a vocation or becoming a student in this state, the offender shall register in person, as required by the provisions of this part. Likewise, within forty-eight (48) hours of release on probation or any other alternative to incarceration, excluding parole, the offender shall register in person, as required by the provisions of this part.
(b) An offender who is incarcerated in this state in a local, state, or federal jail, or a private penal institution shall, within forty-eight (48) hours prior to such offender's release, register in person, completing and signing a TBI registration form, under the penalty of perjury, pursuant to § 39-16-702(b)(3), as follows:
(1) If incarcerated in a state, federal, or private penal facility, with the warden or the warden's designee; or
(2) If incarcerated in a local jail, with the sheriff or the sheriff's designee.
(c) An offender from another state, jurisdiction, or country, who has established a primary or secondary residence within this state, shall, within forty-eight (48) hours of establishing such residency, register in person with the designated law enforcement agency, completing and signing a TBI registration form, under the penalty of perjury, pursuant to § 39-16-702(b)(3).
(d) An offender from another state, jurisdiction, or country, who is not a resident of this state, shall, within forty-eight (48) hours of employment, commencing practice of a vocation or becoming a student in this state, register in person, completing and signing a TBI registration form, under the penalty of perjury, pursuant to § 39-16-702(b)(3), with:
(1) The sheriff in the county or the chief of police in the municipality within this state where the offender is employed or practices a vocation; or
(2) The law enforcement agency of any institution of higher education, or if not applicable, the designated law enforcement agency with jurisdiction over the campus, if the offender is employed or practices a vocation or is a student.
(e) An offender from another state, jurisdiction, or country, who becomes a resident of this state, pursuant to the interstate compact provisions of title 40, chapter 28, part 4, shall, within forty-eight (48) hours of entering the state, register in person with the board, completing and signing a TBI registration form, under the penalty of perjury, pursuant to § 39-16-702(b)(3), in addition to the requirements of title 40, chapter 28, part 4, and the sex offender directives from the board.
(f) Offenders who do not maintain either a primary or secondary residence, as defined in this part, shall be considered homeless, and are subject to the registration requirements of this part.
(g) Offenders who were previously required to register under title 40, chapter 39, part 1, shall register in person with the designated law enforcement agency by August 31, 2005. Offenders who reside in nursing homes and assisted living facilities, and offenders committed to mental health institutions or continuously confined to home or health care facilities due to mental or physical disabilities, are exempt from this requirement, as otherwise provided by this part.
(h) An offender who indicates to a designated law enforcement agency on the TBI registration form such offender's intent to reside in another state, jurisdiction, or country, and who then decides to remain in this state, shall, within forty-eight (48) hours of the decision to remain in the state, report in person to the designated law enforcement agency and update all information pursuant to subsection (i).
(i) TBI registration forms shall require the registrant's signature and disclosure of the following information, under the penalty of perjury, pursuant to § 39-16-702(b)(3):
(1) Complete name and all aliases;
(2) Date and place of birth;
(3) Social security number;
(4) State of issuance and identification number of any valid driver license or licenses, or if no valid driver license card is held, any state or federal government issued identification card;
(5) For an offender on supervised release, the name, address, and telephone number of the registrant's probation or parole officer, or other person responsible for the registrant's supervision;
(6) Sexual offenses or violent sexual offenses for which the registrant has been convicted and the county and state of each conviction;
(7) Name of any current employers and length of employment, including physical addresses and phone numbers;
(8) Current physical address and length of residence at such address, which shall include any primary or secondary residences. For the purpose of this section, a post office box number shall not be considered an address;
(9) Mailing address, if different from physical address;
(10) Any vehicle, mobile home, trailer, or manufactured home, used by an offender, including descriptions, VIN, and license tag numbers;
(11) Any vessel, live-aboard vessel, or houseboat used by an offender, including the name of the vessel, description, and all identifying numbers;
(12) Name and address of each institution of higher education in this state where the offender is employed or practices a vocation, or is a student;
(13) Race and gender;
(14) Name, address, and phone number of offender's closest living relative;
(15) Whether victims of the offender's convictions are minors or adults;
(16) Whether any minors reside in the primary or secondary residence; and
(17) Any other registration, verification, and tracking information, including fingerprints and a current photograph of the offender, vehicles and vessels, as referred to in subdivisions (i)(10) and (i)(11), as may be required by rules promulgated by the TBI, in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(j) No later than the third day after an offender's initial registration, the registration agency shall send by the United States postal service the original signed TBI registration form containing information required by subsection (i) to TBI headquarters in Nashville.
(k) The offender's signature on the TBI registration form creates the presumption that such offender has knowledge of the registration, verification, and tracking requirements of this part.
