Posting #224 – New Photo Requirement Every 2 Years for the Virginia Registry

Date:  05/15/2010 4:50PM

Dear Virginia State Police,

Good afternoon.

Virginia laws states that a new photo must be taken of a registered offender every 2 years.

If an offender registers by the required date and a photo is or is not taken that responsibility falls on the VSP to take the photo and to submit it.

But I just received this e-mail from a supporter.
  
RSOL of Virginia,

Hello. How are you? Good I hope.

I just received a letter stating that my photo was not updated so I could face a charge.
The photo was taken back in March but not sent to the Central office.
Tim

 If an offender registered on-time why would he receive a letter from the VSP threatening to charge him for not updating his photo?

It's up to the VSP Trooper on duty to complete a full re-registration which every 2 years includes a photo something most offenders don't know because they aren't given the restrictions and regulations. It's also up to the VSP Trooper to then submit the paperwork to the central office.

So if a VSP employee fails to do their job properly the registered offender faces new charges which could very well result in time in prison?

Please let me know what the VSP process is for re-registration.

We look forward to your response.
RSOL of Virginia

Date:  05/15/2010 6:45PM

Dear Virginia State Police,

This e-mail is to follow up on my earlier one titled, New Photo Requirement Every 2 Years.

We just received the below e-mail from another supporter and it links their new DMV photo to the VSP Registry photo, but yet their registry photo by law gets updated every 2 years.

When you do respond to the earlier e-mail with the full VSP re-registration process please incorporate how this new DMV police flows into the entire process.

Thank you.
RSOL of Virginia

Dear RSOL of Virginia,

I thought that you might want to share this with all members.  I recently renewed my driver's license because it was getting ready to expire.  I went in to my local DMV, filled out the necessary paperwork and had a new photo taken.  I received my license roughly 7 days later in the mail.  If you are not aware, DMV has gone completely digital and you will not receive your license at the time of your visit.  It will be mailed to you from Richmond's main processing center.

The reason I am writing is that, when I checked the VA SOR website to ensure that they received my re-registration,.....Guess what photo was being used?  You got it, My new driver's license photo.  I don't think ANYONE was informed of this big change.

What I did find very important was that ALL OFFENDERS should know that the date my driver's license photo was taken CHANGED the date of when my next photo is due for the VA SOR.   My current photo on the registry is now, of course, excellent quality (a digital image).  When I have to report to the police barracks in roughly 2 years to update my photo, are they going to use a Polaroid again and go back to very poor quality?  Who knows what's next.

Just thought you'd like to know.
 
Best to you!!!
Edward

On May 20, 2010 we received a phone call from the VSP after sending a third e-mail that stated:
The Freedom of Information Act states that "All public bodies and their officers and employees shall make reasonable efforts to reach an agreement with a requester concerning the production of the records requested". The VSP processes must be transparent in order to benefit and serve the public and I am requesting the full VSP process for re-registration and photo taking for the second time in 5 days.

We were told during that phone call that the responsibility of an offender’s posting falls on the offender. It doesn’t matter if an offender re-registered with a local authority (Sheriff’s Office) or at a VSP barracks.
If information is missing after the due date a letter like supporter Tim received would be sent out and an investigation would begin. If the photo was never found or if a piece of paperwork that had been filed out at the time of re-registration was never found then yes an offender would be facing a new charge.
We asked how would an offender who does not have internet be able to confirm their posting was updated the answer was unacceptable.
We asked for the statute that states an offender is responsible for their new photo being posted, we received this:

§ 9.1-904. Reregistration.

A. Every person required to register, other than a person convicted of a sexually violent offense or murder, shall reregister with the State Police on an annual basis from the date of the initial registration. Every person convicted of a sexually violent offense or murder shall reregister with the State Police every 90 days from the date of initial registration. Reregistration means that the person has notified the State Police, confirmed his current physical and mailing address and electronic mail address information, any instant message, chat or other Internet communication name or identity information that he uses or intends to use, and provided such other information, including identifying information, which the State Police may require. Upon registration and as may be necessary thereafter, the State Police shall provide the person with an address verification form to be used for reregistration. The form shall contain in bold print a statement indicating that failure to comply with the registration required is punishable as provided in § 18.2-472.1. Upon registration and as may be necessary thereafter, the person shall likewise be required to execute a consent form consistent with applicable law that authorizes a business or organization that offers electronic communications or remote computer services to provide to the Department of State Police any information pertaining to that person necessary to determine the veracity of his electronic identity information in the registry.

B. Any person convicted of a violation of § 18.2-472.1, other than a person convicted of a sexually violent offense or murder, shall reregister with the State Police every 180 days from the date of such conviction. Any person convicted of a violation of § 18.2-472.1, in which such person was included on the Registry for a conviction of a sexually violent offense or murder, shall reregister with the State Police every 30 days from the date of conviction. Reregistration means the person has notified the State Police, confirmed his current physical and mailing address and electronic mail address information, any instant message, chat or other Internet communication name or identity information that he uses or intends to use, and provided such other information, including identifying information, which the State Police may require. Upon registration and as may be necessary thereafter, the State Police shall provide the person with an address verification form to be used for reregistration. The form shall state the registration requirements and contain in bold print a statement indicating that failure to comply with the registration requirements is punishable as provided in § 18.2-472.1.

C. Every person required to register pursuant to this chapter shall submit to be photographed by a local law-enforcement agency every two years commencing with the date of initial registration. Photographs shall be in color, be taken with the registrant facing the camera, and clearly show the registrant's face and shoulders only. No person other than the registrant may appear in the photograph submitted. The photograph shall indicate the registrant's full name, date of birth and the date the photograph was taken. The local law-enforcement agency shall forthwith forward the photograph and the registration form to the State Police. Where practical, the local law-enforcement agency may electronically transfer a digital photograph containing the required information to the Sex Offender and Crimes Against Minors Registry within the State Police.

(2003, c. 584; 2006, cc. 857, 914; 2007, cc. 759, 823.)

This statute states that the registrant shall submit to be photographed, otherwise allow, a photo of himself or herself.

It does not place the responsibility to ensure that it is posted or submitted upon the registrant. To the contrary it states that the local authority will forward "forthwith" the photo to the VSP. In simpler terms if the registrant is willing to be photographed and the local authority or even the VSP itself fails to post the updated photo, not only is the registrant not in violation of the law, but in failing to perform its duty the local law enforcement agency or the VSP would be the entity in violation of the law. This of course is the only reasonable interpretation as the registrant has no control on whether or not the VSP updates the registry. Many of those on the registry would have no way to even determine if in fact the local authorities or the VSP has done their job as they do not have internet.

Then on a second phone call with the VSP we were informed that it had JUST been decided it was obviously necessary to add a paragraph to the re-registration paperwork that local authorities and the VSP use to check a box if a photograph was taken during a re-registration visit. We asked when would this policy take effect, the answer was "you know bureaucracy it could take months". We were also told that the VSP doesn't have to answer questions like we posed to them, there is no law stating the VSP must tell offenders the restrictions or the processes for registering. But if they do decide to reply they have 5 business days to do so.

So, when you or your loved one re-registers and a new photo is taken get the officer on duty to write that on your receipt and be sure to keep your receipt!

Then continually check your VSP Internet posting everyday until all the new information has been posted. If it does NOT get posted after 3 business days contact your VSP Trooper immediately!

If you do not have an internet connection to do this, contact your VSP Trooper or Probation Officer and ask them to confirm the new information and photo has been posted!

The fact that the responsibility of the local and state authorities to do their job completely falls on you and you could face an investigation and possibly a new felony charge if they did not do their job is unacceptable and the RSOL of Virginia will work on getting this fixed at the next Virginia General Assembly. In addition to them being required to advise you of the restrictions and regulations.

 

1st Response to Posting #224
From: Barbara
Date:  05/21/2010
RSOL of Virginia,

Just wanted to thank you for making us aware of the neglected updates on registry.

My son re-registered back in December. After your notice we checked and his posting has not been updated online.

He called his PO today to tell her and luckily she remembered him registering.. She told him to come in Monday and they'd re-do it....

Barbara

2nd Response to Posting #224
From: James
Date:  05/20/2010
RSOL of Virginia,

I apologize in advance for the inappropriate language, but this is b___ s___. 

Under no circumstances should an SO be held responsible for the contents of VSP records.  The limit of the SO's responsibility is to provide required registration information to local or state law enforcement agencies.  That is all - not verifying the paper or electronic contents of VSP files.

It's high time, if public safety is truly the intent of these laws that they be re-written, requiring VSP to make an effort to bring the SO files into compliance before being allowed to charge an SO with an offense.  As you write, law enforcement action or inaction is as much a part of the process as that of the SO.  When VSP finds that a registration form or photograph is not current, VSP staff should be required by law to contact the SO, give them no less than 24 hours to resolve the shortcoming and only then be permitted to file any charges.  If there is clear and convincing evidence of the SO repeatedly failing to register, certainly other rules should apply.

It's incumbent on our government generally, and the VSP specifically, to be reasonable in the approach to law enforcement.  Having an SO face a charge because a photograph is out of date is simply stupid.  It places a burden on the SO, the court system, the prison system and the general public that has to foot the bill.

I also believe legislation must be crafted now to clean up the Commonwealth's vague records.  I've intended to write my state legislator with suggestions.  This has lit the fire.  The arrogance of VSP staff needs to be addressed and quickly.  They are public servants.  They don't get it.  They need to now. 

Thanks.
James

3rd Response to Posting #224
From: Gary
Date:  05/21/2010
RSOL of Virginia,

Hello!

For the past year the VSP have been using the DMV photo for the sex-offender website, here in ___________ VA.

I renewed it a year ago and my next photo is due in one year. You can go in to DMV to renew your license and photo and it will be sent to VSP automatically. You can tell by the blue back ground.

Gary

4th Response to Posting #224
From: Rich
Date:  06/02/2010

RSOL of Virginia,

I should have paid more attention to this message and checked the registry.

I didn't worry about it since I know it was taken again last year.

I just got a call from my probation officer, they were contacted by VSP. Seems my picture says it was last updated in 2008. 
I also know I had my picture on my driver’s license updated last year when I renewed my license.
I also just re-registered last month.

She said no big deal just get it done when I get a chance. Maybe for probation its no big deal but I bet VSP doesn't look at it that way.

I'll go down there first thing in the morning.
                 
Rich