RSOL of Virginia
Reform Sex Offender Laws
Seeking Justice and Safety for all Virginians

 

 

 

 

 

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Posting #92 – Dear Virginia State Police, what is the process for the re-registration letters?

By: RSOL of Virginia and our Supporters
Date:  06/08/2009

Dear Virginia State Police Sex Offender Task Force,

I am contacting you in regards to your process for sending out the Registered VSP Sex Offender Re-Registration Letters.

My husband had an issue receiving his own letter last autumn, but since then I have been contacted by numerous supporters who have also had an issue.

I have many examples of issues that are listed below, but I would like a response to these questions please.

  • What is the current process for sending out re-registration letters?
  • How far ahead of the due date do are the letters mailed to the registered person?
  • What responsibility does the US Postal Service have in attempting delivery of this letter?
  • How many notices are the US Postal Service suppose to leave in the mailbox of the registered person?
  • How long does the letter sit at the US Post Office before it’s returned to the VSP?
  • What happens when an undelivered letter is returned to the VSP?
  • Can someone re-register in person a few days early for their convenience without their registered letter (if it has not arrived)?
  • Do the “due dates” of the letter take holidays and weekends into consideration since the VSP barracks are not open on holidays or weekends?
  • What happens when a completed re-registration letter arrives to the VSP 3 days late?
  • What happens when someone comes to re-register in-person 3 days late?
  • What happens if information sent by the registered person on the re-registration form is illegible or missing?

 

Examples of re-registration letter problems

#1
We waited and waited for the registered letter to come.
My husband finally called his assigned trooper and they advised him it was mailed out over two weeks prior and it had not been returned to the VSP. So I went to our post office where they told me they attempted delivery once and left us a card and then they re-attempted delivery and left us a second card. Now the letter would sit at the post office until he came there to pick it up.
I explained to the postal worker that we NEVER received one card let alone two and wasn't the policy to return the registered letter to the VSP after two weeks?
The post office lady looked at me as if she knew what the registered letter actually was and said your husband must come and get it or it will continue to sit here, we will not allow you to sign for it.
I told her that he was home that afternoon and they WOULD re-deliver it, which they did, (six days before it was due).
My husband called his trooper and they told him they would be contacting our postmaster.
We do no believe the Post Office ever left a notification card in our mailbox.

 

#2
RSOL of Virginia,
Have you heard anything about the Virginia State Police significantly cutting the amount of time a person has to return the re-registration letter?  It seems to me that, for the most part, I have been getting a certified letter that gave me 2-3 weeks to return the form.  But today (the 23 of the month) I received a re-registration notification with the reply due in Richmond by the 30th of the month.  That's not much time at all. 
Miss a delivery or two and you're in trouble.  My postman usually doesn't bring the letter to the door; he just puts a notice in the box and I pick up the letter at the post office on the following day.  God forbid I happen to be out of town for a couple of days.  Throw in a long weekend, and you're in technical violation.
I am hoping this is just a fluke, but it seems like part of the overall plan to make compliance virtually impossible, especially given that this hoop must be jumped through once a quarter for life.
I foresee the distinct possibility that we will see a rash of third felony conviction with life sentences mandated when two of the violations are nothing more than paper crimes.

 

#3
Dear RSOL of Virginia,
I am concerned with the way the re-registration forms are delivered. I work at home and know that the postman NEVER comes to the door to try and deliver it my son, they just leave it in the mailbox and he has to take of work to go pick it up. I have asked SOR about this and they tell me to call the post office, I have and they basically have told me they don't really care. To me they should be doing their job and trying to deliver it the same as they have other mail we have had to sign for.

#4
Dear RSOL of Virginia,
My last registration was just last month. I only had a couple days to get it sent.  It never gets dropped off the mail always comes when I am at work and I have to leave work early the next day so I can pick up my notice.  They won't leave it with my wife.  I have also worried that what if I am out of town when it comes. They don't make these packages discreet. It says right on the envelope what it’s for (State Police Sex Offender Registry). I have had problems with the postal clerk being snotty to me because she knows what I am there for
Also last year I had to resubmit the thing 3 or 4 times because they were having problems reading my thumbprints.  The first time they let me do it myself then when they sent another one saying I am in violation of the law and I have 2 days to report to the local law enforcement and have them fill out the form.  The first time I took it to the Sheriffs Dept the guy did something wrong so they sent me another notice telling me I am really in violation of the law now and I had to go back to the Sheriffs’ Dept.  Finally they accepted it. 

#5
Dear RSOL of Virginia,
My husband received his 1st quarter letter only 4 days before it was due. Had we been out of town he would have definitely violated as it was sent to us at the 11th hour. 

#6
Dear RSOL of Virginia,
Mine was due 3 days after I received it.
If there was a hold up at the post office for any reason I would never have received it in time.
And of course it was wrong. The were missing a vehicle so of course I couldn't just mail it back in I had to ride an hour to the State Police barracks to fix it. Second year in a row information in the re-register letter was wrong.

#7
Dear RSOL of Virginia,
In December 1999, USPS failed to deliver the 90-day re-registration letter.  According to the envelope, USPS made one delivery attempt a few days before Christmas sent the letter back to VSP and it was placed in my file.
Not realizing that I had not re-registered for the previous quarter, I received the next 90-day notice and re-registered.  Four months later, VSP asked me to provide a copy of my re-registration that was due in December 1999.  When I could not, I was arrested. I pled guilty to a misdemeanor. 

#8
Dear RSOL of Virginia,
During my 5th year of registering the VSP sent me a warrant saying I failed to register.
I didn’t have any money for a lawyer; my only defense was my copy of the registration. I showed it to the judge in court, but the Virginia State Police said they didn’t get their copy. I told him, it must have gotten lost in the mail, that didn’t help I was forced to plead guilty.

 

If there is not a set process in place for re-registration letters, there needs to be. We will wait for the answers to our questions. We hope the Virginia State Police will be willing to improve this process. We want everyone to receive their letter in a timely manner and a set process must exist to prevent anyone from falling through the cracks or from being charged for failing to register when they have a history of compliancy.

Thank you.
RSOL of Virginia Organizer

 

My husband made a great comment after he read the letter that I sent to the VSP.
He said, “Those on the registry rely on employees of the VSP and the USPS to do their job. For them it's just a job, but when they fail it's the registered person who pays the price with a felony conviction".

If there is no process or no law for those that send and deliver these letters to follow then the system will fail us.

After we sent our letter to the VSP, we received the below from more supporters.

 

#9
Dear RSOL of Virginia,
With the examples given it reminded me of a situation I encountered.  However this was back in 2002, at 1130PM I was asleep at home, and I was awaken by a VSP Trooper knocking at my door.  As soon as I opened the door the Trooper explained that he had a warrant for my arrest and that I needed to come with him.  I was shocked. I asked why and he explained that it was for failure to re- register.  Luckily I was able to explain and show him my copy of my registration from nearly 2 months prior that I did re-register in person at the local VSP office.  The Trooper was somewhat understanding and therefore did not handcuff me, but however did take me all the way down to the Jail, and I was booked and was able to see the magistrate and show him my copy as well.  The magistrate released me on my own recognizance and I was given a court date.  I appeared in court and was then given a court appointed attorney... and finally another month later I appeared in court again, and the judge dropped all the charges once he reviewed my copy and the fact that I have NEVER had an issue with my registration.

July 3rd 2006 it happened again....  a Trooper had stopped by my house and left a card cause I was not home.  I called the number and the trooper told me that I had a warrant and needed to come turn myself in.  I asked if there was a magistrate available and the trooper said it was a holiday weekend and I would have to wait till the following Tuesday.  I told him there was no way I was going to sit in jail for 4 days because of there mistake.  The office agreed to meet with me in person, and he looked at my copy of my registration and told me he was not going to arrest me, but that he was going to turn it over to someone up in Richmond.

In both cases the outcome was that the registration was completed in the proper time, and yet the VSP office never sent the paperwork to Richmond.  The first time cost me a lot of time out of work , going to jail, court appearances etc. and I was merely lucky the second time that the Trooper was understanding.... 

People.....  SAVE YOUR COPY's......  Keep them in a SAFE SPOT where you know where they are, and have immediate access to them.

I am afraid this is not going to get better... but only worse as the years go on...  I am one that should not even be listed on the states website to begin with..  and yet I feel like not a day goes by that this somehow does not play a role in my life.   The laws will continue to re- sentence me for a crime that I already took a plea bargain and paid the price for.

#10
Dear RSOL of Virginia,
In 2007 I re-registered at the local VSP headquarters, along with my registration I had to submit a current photograph.  The Trooper took my photo and re-registration papers.  I thought everything was fine.  Two months later I received a phone call from another Trooper claiming that I never re-registered, nor submitted to being photographed.  I spoke at length with her, even going as far as describing the Trooper that took my info and photo.  When I went home, I found my paperwork and called her back, explaining that I couldn't read the signature of the Trooper.  She assured me that she knew the Trooper that I described, but that I would have to re-visit the VSP HQ to redo all the paperwork that had been done previously.

I was quite worried that I would be arrested, and that I would be charged and convicted of failure to re-register.  This did NOT happen.  I was surprised at the professionalism that both Troopers showed in assisting me in this particular instance.    However, that professionalism does not and will not make up for the fear that I lived with for the two days that I was "wanted" for failure to re-register.

#11
Dear RSOL of Virginia,
Last year, my husband was almost arrested by a swat team of immigration officers, with pistols, bullet proof vests and laser sights, at 4am b/c his paperwork listed him as an illegal alien not a naturalized citizen.
The officer was "in a good mood" and decided not to arrest my husband after we showed him his papers.
We still had to deal with the embarrassment in front of our neighbors though!
We will keep our copies handy but they might not make a difference if the officer is in a bad mood.

 

1st Response to Posting #92
From:  Virginia State Police Sex Offender Task Force
Date: 06/09/2009

RSOL of Virginia,

                                Here are the answers to your questions:

                                • What is the current process for sending out re-registration letters?

                                Each business day re-registration letters (SP-236A’s) are computer generated based on the sex offender’s date of initial registration.  If a sex offender has been convicted of Section 18.2-472.1, Failure to Register/Reregister, the re-registration forms are generated by the date of conviction for that violation.  In the event of a weekend or holiday, the letters are generated on the first business day after the weekend or holiday. 

Prior to mailing the letters, a registry official reviews the materials and several databases to ensure the offender is not incarcerated and is required to re-register.

The re-registration letters are mailed to the sex offender based on the current mailing address on file as reflected on the offender’s SP236 Sex Offender and Crimes against Minors Registration form.  The letter is mailed via the United State Postal Service by certified mail – restricted delivery for the addressee only.

                                • How far ahead of the due date do are the letters mailed to the registered person?

                                The Code of Virginia does not specify a timeframe that the form must be mailed to the sex offender.  However, the form is mailed to the offender approximately 10-12 days prior to the due date.

                                • What responsibility does the US Postal Service have in attempting delivery of this                      letter?

                                Our agency will not comment on United States Postal Service operations.  Please contact the United States Postal Service.

                                • How many notices are the US Postal Service suppose to leave in the mailbox of the                    registered person? 

                                Our agency will not comment on United States Postal Service operations.  Please contact the United States Postal Service.

                                • How long does the letter sit at the US Post office before it’s returned to the VSP?

                                Our agency will not comment on United States Postal Service operations.  Please contact the United States Postal Service.

                                • What happens when an undelivered letter is returned to the VSP?

                                When an undelivered letter is returned to the Registry, an employee reviews the envelope of the returned letter which indicates that the post office made attempt(s) to deliver the letter.  The Registry reviews the offender’s registration file to determine if the offender re-registered by reporting to a law enforcement agency and completing a SP236 Sex Offender and Crimes Against Minors Registration form during his/her re- registration period. Also, the SOR employee conducts inquiries through the jails and correctional facilities to determine if the offender was incarcerated during that timeframe.  If the information indicates a potential violation, the matter is referred to a member of the Sex Offender Investigative Unit for action.

                                • Can someone re-register in person a few days early for their convenience without                      their registered letter (if it has not arrived)?

                                Yes, the Code of Virginia requires an offender to reregister as outlined in 9.1-903.  Our agency provides the SP-236A re-registration form as a convenience to the offender. The offender can reregister during their re-registration period by reporting to the law enforcement agency where he/she resides to complete an SP236 Sex Offender and Crimes Against Minors Registration form.

                                • Do the “due dates” of the letter take holidays and weekends into consideration                                           since the VSP barracks are not open on holidays or weekends? 

                                No.  Re-registration letters (SP-236A) are sent certified mail, given a sufficient timeframe to complete the form.  The sex offender only has to purchase an ink pad, place his/her thumb prints in the designated blocks and sign and date the form and return it to the registry prior to the due date listed on the form, contact with a law enforcement agency is not necessary to facilitate re-registration.  Registry officials use the post mark date on the mail and not the date the mail happens to be received at the registry.

                                • What happens when a completed re-registration letter arrives to the VSP 3 days                                     late?

                                Registration officials use the post mark date on the re-registration form and not the date it is received.  If the post mark date reflects that the letter is three days late, then a criminal case will be initiated and forwarded to a member of the Sex Offender Investigative Unit for action as required by the Code of Virginia.

                                 • What happens when someone comes to re-register in-person 3 days late?

                                As required by the Code of Virginia, a criminal investigation is conducted.

                                • What happens if information sent by the registered person on the re-registration                                         form is illegible or missing?

                                If the information is not listed correctly on the re-registration letter, the offender can contact the Sex Offender Registry Helpdesk or the Trooper that handles his/her verification. Additionally, the offender may elect to submit a new form SP-236  reflecting the additional information.  No changes in information are accepted on the re-registration letter (SP-236A).

                                I hope this information is of assistance to you.

Sincerely,
Lt. Reed VSP Sex Offender Task Force

 

2nd Inquiry to Posting #92
From:  RSOL of Virginia
Date: 06/15/2009

Dear U.S Postal Inspector General,

            In the state of Virginia there have been numerous issues with “registered letters” from the Virginia State Police being delivered on time or at all.

              Last week I contacted Lt. William Reed of the Virginia State Police Sex Offender Task Force and asked him several questions in regards to the process of sending out the re-registration letters to those on the Virginia Sex Offender Registry.

               Lt. Reed opted out of three of our questions because they had to do with US Postal policy.

These are the three questions:

• What responsibility does the US Postal Service have in attempting delivery of this letter?

Our agency will not comment on United States Postal Service operations.  Please contact the United States Postal Service.

• How many notices are the US Postal Service suppose to leave in the mailbox of the registered person? 

Our agency will not comment on United States Postal Service operations.  Please contact the United States Postal Service.

• How long does the letter sit at the US Post office before it’s returned to the VSP?

Our agency will not comment on United States Postal Service operations.  Please contact the United States Postal Service.

                The reason we need to know the correct process is because we have experienced non-delivery     and so have numerous supporters.

                Here are a few examples:

  • We waited and waited for the registered letter to arrive in October 2008.
    My husband finally called his assigned VSP Trooper and they advised him it was mailed out over two weeks prior and it had not been returned to the VSP. So I went to our post office where they told me they attempted delivery once and left us a card and then they re-attempted delivery and left us a second card. Now the letter would sit at the post office until he came there to pick it up.
    I explained to the postal worker that we NEVER received one card let alone two and wasn't the policy to return the registered letter to the VSP after two weeks?
    The post office lady looked at me as if she knew what the registered letter actually was and said your husband must come and get it or it will continue to sit here, we will not allow you to sign for it.
    I told her that he was home that afternoon and they WOULD re-deliver it, which they did (six days before it was due).
    My husband called his trooper and they told him they would be contacting our postmaster.
    We do no believe the Post Office ever left a notification card in our mailbox, let alone two.
  • It seems to me that for the most part, I have been getting a certified letter that gave me 2-3 weeks to return the form.  But today (the 23 of the month) I received a re-registration notification with the reply due in Richmond by the 30th of the month.  That's not much time at all.
    Miss a delivery or two and you're in trouble.  My postman usually doesn't bring the letter to the door, he just puts a notice in the box and I pick up the letter at the post office on the following day.  God forbid I happen to be out of town for a couple of days. 

 

  • I am concerned with the way the re-registration forms are delivered. I work at home and know that the postman NEVER comes to the door to try and deliver it my son, they just leave it in the mailbox and he has to take of work to go pick it up. I have asked SOR about this and they tell me to call the post office, I have and they basically have told me they don't really care. To me they should be doing their job and trying to deliver it the same as they have other mail we have had to sign for.
  • My husband received his 1st quarter letter only 4 days before it was due. Had we been out of town he would have definitely violated as it was sent to us at the 11th hour.

 

  • In December 1999, USPS failed to deliver the 90-day re-registration letter.  According to the envelope, USPS made one delivery attempt a few days before Christmas sent the letter back to VSP.

 

        We look forward to your response.


Thank you.

RSOL of Virginia Organizer

 

3rd Response Posting #92
From:  USPS Inspector General
Date: 06/18/2009

RSOL of Virginia,

 The primary responsibility of the U.S. Postal Service Office of Inspector General is to prevent, detect, and report fraud, waste, and misconduct; and to conduct independent audits and investigations of Postal Service programs and operations to ensure their efficiency and integrity.
                        
The issues raised in your correspondence do not fall within the jurisdiction of this office. These matters do appear to be within the jurisdiction of the office listed below. Therefore, we are forwarding your complaint to them for their review and direct response to you.

For further information, please contact: United States Postal Service, Consumer Affairs Office.

USPS Inspector General

 

4th Response to Posting #92
From:  USPS Consumer Affairs
Date: 06/22/2009

Dear RSOL of Virginia,

 When a certified article cannot be delivered on the first attempt, our carrier leaves a notice in the mailbox for the addressee. The article is then held for the addressee at the Post Office. If the article is not called for within 5 days, a second notice is issued. If the article is not called for or its redelivery request is returned at the expiration of the period stated by the sender, or 15 working days after the first notice if no period is stated by the sender.

Restricted delivery mail should be delivered only to the addressee. The addressee however has the right to designate someone else to receive the mail. If the Postal Service receives an authorization in writing from the addressee, we can deliver his or her restricted delivery mail to the designated person.

If you doubt that an addressee to whom you sent restricted delivery mail has authorized someone else to receive mail, you may request the postmaster of the office of delivery to provide you with a copy of authorization. If none is on file, and mail was delivered to another person, the postmaster will refund your restricted delivery fee.

If your local Post Office isn’t following these procedures, please call that office and report it to the Delivery Supervisor, Manager or Postmaster.

Sincerely,

Michelle Brooks
USPS Consumer Affairs
1801 Brook Rd.
Richmond, VA 23232