Regulations and Restrictions:

Regulations and Restrictions for Registered Sex Offenders in Virginia:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+9.1-903
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+9.1-904
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+9.1-905

• A “non-violent” offender must register once a year, at a state police location and give his or her, thumbprints, palm prints, current address, current employer and address, all motor vehicles with the registrants name, any e-mail addresses including work and any instant messaging identifications.

If they fail to comply, it is a Class 6 Felony.

Both in 2006 and 2008, the Virginia General Assembly reclassified almost all non-violent offenders to violent offenders.
This resulted in 90% of all Virginia offenders being reclassified as violent regardless of their offense and their sentence given by the court.
This includes many offenses that had NO physical contact.

• A “violent” offender must do everything mentioned above, except it must be done every 90 days.

 If they fail to comply, it is a Class 6 Felony.

• If a registrant’s home address or employer changes, they have 3 daysto notify the state police in person of the change. This includes becoming unemployed and self-employed.

If they fail to comply, it is a Class 6 Felony.

• If a registrant becomes homeless they have 3 days to notify the state police in person of a stationary location like a parking lot, street corner, motel or tent in the woods where they are staying.

If they fail to comply, it is a Class 6 Felony.

• If a registered person buys or sells a motor vehicle, water craft or air craft that has their name on the title they have 3 days to notify the state police in person of the change. Even a vehicle that does not have a license plate, if your name is on the title, must be registered.

If they fail to comply, it is a Class 6 Felony.

• If a registrant is attending school they have 3 days to notify the state police in person of their enrollment or completion of classes. It does not matter if it’s part-time or full-time schooling.

If they fail to comply, it is a Class 6 Felony.

• If a registered person removes or adds an e-mail address or instant messenger identification at home or at work they have 30 minutes to notify the state police.

If they fail to comply, it is a Class 6 Felony.

• In Virginia a LIMITED group of registered offenders can not live within 500 feet of a public school, licensed day-care center or public park that shares a border with a school and is used for school activities. It all depends on the conviction,http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-370.3

A. Every adult who is convicted of an offense occurring on or after July 1, 2006, where the offender is more than three years older than the victim, of one of the following qualifying offenses: (i) clause (iii) of subsection A of § 18.2-61, (ii) subdivision A 1 of § 18.2-67.1, or  (iii) subdivision A 1 of § 18.2-67.2, shall be forever prohibited from residing within 500 feet of the premises of any place he knows or has reason to know is a child day center as defined in § 63.2-100, or a primary, secondary, or high school. A violation of this section is  a Class 6 felony. The provisions of this section shall only apply if the qualifying offense was done in the commission of, or as a part of      the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of § 18.2-47 or § 18.2-48, (ii) § 18.2-89, 18.2-90, or 18.2-91, or (iii) § 18.2-51.2.

B. An adult who is convicted of an offense as specified in subsection A of this section and has established a lawful residence shall not be in violation of this section if a child day center or a primary, secondary, or high school is established within 500 feet of his residence subsequent to his conviction.

C. Every adult who is convicted of an offense occurring on or after July 1, 2008, where the offender is more than three years older than the victim, of one of the following qualifying offenses: (i) clause (iii) of subsection A of § 18.2-61, (ii) subdivision A 1 of § 18.2-67.1, or (iii) subdivision A 1 of § 18.2-67.2, shall be forever prohibited from residing within 500 feet of the boundary line of any place he knows  is a public park when such park (i) is owned and operated by a county, city or town, (ii) shares a boundary line with a primary,   secondary, or high school and (iii) is regularly used for school activities. A violation of this section is a Class 6 felony. The provisions of this section shall only apply if the qualifying offense was done in the commission of, or as a part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of § 18.2-47 or § 18.2-48, (ii) § 18.2-89, 18.2-90, or 18.2-91, or (iii) § 18.2-51.2.

D. An adult who is convicted of an offense as specified in subsection C and has established a lawful residence shall not be in violation of this section if a public park that (i) is owned and operated by a county, city or town, (ii) shares a boundary line with a primary, secondary, or high school, and (iii) is regularly used for school activities, is established within 500 feet of his residence subsequent to his conviction.

• Any offender whose offense is after July 1, 2000 that is prohibited to be within a certain proximity of children is not allowed to loiter within 100 feet of the premises of any place known to be a primary, secondary or high school.
  
  Any offender whose offense is after July 1, 2006 that is prohibited to be within a certain proximity of children is not allowed to loiter within 100 feet of the premises of any place known to be a child day care program.
  
  Any offender whose offense is after July 1, 2008 that is prohibited to be within a certain proximity of children that are not in their custody are now not allowed to loiter within 100 feet of the premises of any place owned or operated by a locality that they know is a playground, athletic field or facility, community center or gymnasium.

If they fail to comply it is a Class 6 Felony.

• In Virginia on Halloween SOME cities or counties Department of Corrections Probation Offices have their own programs for those still under probation. These programs are called Operation Trick No Treat and Operation Porch Lights Out. If you are required to abide by the regulations of either of these programs your Probation Officer must contact you before Halloween to give you instructions. Otherwise you are allowed to participate in Halloween activates, but neighbors may still report you because local news stations regularly report incorrect information about Sex Offenders and Halloween restrictions. (See  Bulletin Board Posting # 147 for the letter we sent to EVERY Virginia newspaper about these two DOC programs)

• Once probation has ended, the Virginia State Police Sex Offender Task Force will visit any registered person’s residence, unannounced twice a year to verify the information that has been submitted.

The state troopers can also visit their place of employment if they choose.
When they do visit they are in full uniform and patrol car for everyone to see.

(When my husband was first on probation, four months after he registered two VSP Troopers did visit our home, so obviously the above point isn’t written in stone)

• As of July 1, 2008, ANY Virginia registered sex offender (non-violent or violent) must submit a sample of their DNA to the state.

If they fail to comply, it is a Class 6 Felony.

• As of July 1, 2008, anyone classified as “Non-Violent” must remain on the Virginia Sex Offender Registry 15 years before they can petition (which means hiring a lawyer) to be removed and even then they may denied.

          The Virginia General Assembly increased it from 10 years, retroactive to everyone.

Those who are classified as “Violent” on the Virginia Sex offender Registry can no longer petition to be removed; the General Assembly increased it to a lifetime.

• Any “violent “ offender shall be prohibited from entering and being present upon any property that they know or has reason to know is a public or private elementary or secondary school or child day center (including churches) property during school-related and school-sponsored activities.

This means if the church pre-school is open and a registered person is planning to attend choir practice or an AA meeting at the other end of the building or if cheerleading practice and an evening adult class are at the same time, they have broken the law. The wording of this law is a trap for registered offenders, be aware.

If they fail to comply, it is a Class 6 Felony.

• If any parent or person responsible for a child’s care knowingly leaves a child alone with someone who has been convicted of a sex offense against a minor to whom is NOT a blood relative or by marriage is in violation of Virginia law.
  http://www.richmondsunlight.com/bill/2006/hb1066/

• As of July 1, 2008 Virginia Driver’s Licenses are valid for eight years instead of the previous five years. Also DMV wants Virginians to renew on-line or through the mail instead of at a DMV location so a $5 processing fee will be added for anyone who renews in person. Except if you’re a registered sex-offender.Registered Sex Offenders can not renew on-line or through the mail, they MUST go to a DMV location and their license will only be valid for five years. But note the 2008 Virginia General Assembly did try to make it every two years.

http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb534
http://www.richmondsunlight.com/bill/2008/hb534/
http://www.namic.org/stateLaws/08virginia.asp

• As of July 1, 2008; All restrictions for Virginia offenders now apply to out-of state offenders while in the state of Virginia.

Any registered offender from another state that comes to Virginia to visit someone or that is on vacation by the 14th day in the state they MUST register the address they are staying at even if it is a hotel.

Any registered offender from another state that comes to Virginia for temporary employment by the 3rd day in the state they MUST register the address they are staying at even if it is a hotel.

If they fail to comply, it is a Class 6 Felony.

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Most Virginia State Police Barrack locations are only open Mon-Fri 8:30-4:00pm.

We have learned that the VSP Headquarters is open 24 hours a day, 7 days a week for registration.
7700 Midlothian Turnpike
Richmond VA 23235

As of October 2009 the Virginia State Police still do not post the current laws and restrictions that 15,500 Registered Sex Offenders are required to obey. It’s not on the VSP web-site nor do they have a print-out of the rules to hand to people during re-registration or at the home visits. (See Bulletin Board Posting #150)

In October 2009 the Richmond Probation and Parole Office is handing out the below pamphlet from 2008 that has very little information as well as out of date information including violent offenses.

Richmond Probation and Parole Sex Offender Registration Pamphlet:
Front of Brochure
Back of Brochure