Posting #206 – Does HB706 Fix the 3 Days to Register over a Weekend or a Holiday?

By: RSOL of Virginia
Date:   02/09/2010

Major Tavenner,

So there are currently two issues with registering in Virginia today.

We have found a Legislator that is willing to sponsor two bills at next years GA to fix these issues but if we can fix one or both without legislation that would be great.
  
1) All the current statutes in regards to registration and re-registration information changes state that an offender has “3 days” to notify the VSP. This is also how Delegate Bell’s current bill HB912 is written.

The Virginia State Police Barracks are only open Monday through Friday 8:30am to 4:30pm and are closed on weekends and any observed holiday is for administrative work.

Last year we discovered that on the Friday before Martin Luther Jr. Holiday my husband was unable to update new information in time and by Tuesday when he would have to take time off from work to travel to the VSP barracks to update his information he’d be out of compliance and possibly facing a Class 6 Felony.

Back in late 2007 when the judge instructed him to register on a Thursday afternoon both the Hanover County judge, the Commonwealths Attorney and our attorney all told him he had 10 days to register. He was off the next day and just took care of it where he was told by the VSP Trooper on duty that if he had not shown up that day they would have arrested him on Monday.

So we’d like to see two things change here.
That all the “3 day” statutes are revised to state “3 business days” so when there is a holiday and offender is not possibly facing being arrested because they are unable to comply with the current statute.
That all Virginia judges and Commonwealth’s Attorneys are advised in writing that it’s 3 days not 10 days.

2) An Amendment to the current 30 minute statute for reporting any changes in e-mail addresses or instant message identifications. The current system does not allow for compliance. How is someone supposed to change their e-mail address and get to a VSP Barracks within 30 minutes? Again, knowing that The Virginia State Police Barracks are only open Monday through Friday 8:30am to 4:30pm and are closed on weekends and any observed holiday is for administrative work.

Options to fix this issue:

A)   Open all VSP Barracks 24 hours a day, 365 days a year with staff on hand to take the new registration information.
(We know this is impossible, but as the law is written today the Legislators must have      thought they already were open 24-7)

B)   Create a VSP e-mail address for all registrants to send their new e-mail/instant messenger identification information to 24 hours a day, 365 days a year that automatically sends a receipt to the new address confirming the information has been received by the VSP. To ensure that only the registrant is the supplier of this information (not a vengeful ex-spouse or neighbor) and no false e-mail addresses would be submitted, a simple pin number or password would have to be assigned the registered person ahead of time. This option would clearly, after the initial set-up, be the most efficient, verifiable and cost effective option. Currently each time this is changed approximately 1 hour is spent by one or two VSP officers to collect, file and update the registrant’s information. (Our first choice)

C)    Revise the e-mail/instant message law from 30 minutes to update information to 3 days to update information which is the current amount of time for home address, employment, school and vehicle registration. (Our second choice)

Our goal is for all offenders to know the laws and to comply. We want them to stay crime free and become contributing members of society but the system has to allow for compliance and today it does not.

We would truly like to work with the VSP in keeping Virginia safer for all its citizens.

We look forward to your reply.
Thank you.
RSOL of Virginia

Date:   03/12/2010

VSP Major Robert Tavenner,

Good evening.

After we spoke last night about the current issue of Sex Offender registration stating 3 days instead of 3 business days I realized I did not mention Delegate Peace's bill.
HB706 http://leg1.state.va.us/cgi-bin/legp504.exe?ses=101&typ=bil&val=hb706  has been signed by Governor McDonnell, so would HB706 now take care of the weekend and holiday issue that currently exists when registering?

Please advise if it does or if it does not.

Then I'll advise all our supporters.

Thank you.
RSOL of Virginia

Date:   03/12/2010

RSOL of Virginia,

It certainly appears that it cures the problem.  I don’t know anything to the contrary but give me a day or two to research the issue and we can talk.

Bob

Date:   03/16/2010

RSOL of Virginia,

After reviewing the relevant statutes, I do not believe HB706 cures the problem.  Since there is always a “local police department” open, somewhere in the state the statute would probably not cure the problem.  If I were you, I would go forward with legislation next year to ensure the G/A is in agreement with your position.
Let me know if you need anything further.

Bob

1st Response to Posting #206
From: Charles
Date:  04/17/2010
RSOL of Virginia,

About a month ago, I was about to be issued a new email address through my church.  I called the VSP Trooper assigned to do home visits in my area.  He gave me a number to call at the barracks in order to speak to a Trooper who does this over the phone.  I called and verbally gave him the additional email address to post to my account, and within a few minutes I received an e-mail confirmation. I just called the number again and I was told its answered 24/7.

It’s 703-803-0026.

Charles