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Regulations And Restrictions

Regulations and Restrictions for Registered Sex Offenders in Virginia:

 

• 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 days to 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.

• As for social networking sites (MySpace, Facebook, eHarmony, Match.com) it is legal for a register offender to be a member in Virginia and an offender is NOT required to tell the VSP they have an account with a site. But the VSP does give all e-mail addresses to these sites and the sites have policies that registered offenders can not be members and when the site learns an e-mail address is registered to an offender the account will be shut down.
  
  Federal Social Networking Site Legislation:
  Keeping the Internet Devoid of Sexual Predators Act of 2008.
  AKA The Kids Act 2008.
  http://www.govtrack.us/congress/bill.xpd?bill=s110-431

• There is no law in Virginia stating a registered offender must give the VSP their PlayStation screen-name but we have heard they ask for it.

• 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 August 2010 a supporter who is registered asked us if an employer offers daycare on the property would their working at that facility be considered loitering?
We called the VSP Hotline (804) 674-2825 and asked this question.
Simply being in the same building, walking past the daycare to go get to the stairs or elevator, to the cafeteria, to your cubicle or office or to human resources would not be a violation of this law.

Standing within 100ft smoking a cigarette or waiting for someone could be considered a violation, so avoid doing that.

• 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.
If you are not there when the VSP Trooper visits they will leave their business card with someone or on your front door and you are required to contact them immediately. If you do not respond fast enough the VSP will assume the residence or employment information you have registered is false and you could have serious problems.

(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 for 15 years before they can petition (which means hiring a lawyer and two psychologists who specialize in sex offenders) to be removed and even then they may denied. The Virginia General Assembly increased the minimum time from 10 to 15 years, retroactive to everyone in attempts to become Adam Walsh Act compliant. In fact some offenders that were successful in being removed in 2006 and 2007 were put BACK on the Virginia Registry for an additional 5 years because of the statute being changed by the General Assembly in 2008.
  
  The majority of those who are classified as “Violent” on the Virginia Sex Offender Registry are not afforded the opportunity to petition the courts to be removed; they must remain on the list for their lifetime. There is a small group of offenders who can petition the courts after 25 years on the Virginia Sex Offender Registry, for more information go to, http://www.rsolvirginia.org/news/bulletin-board/posting-366/

• 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.

• “Violent” offenders can not attend after hour school sponsored activities on school property (football game, band competitions, graduation, science fairs, etc). This does not apply to church services held in school auditoriums on Saturdays or Sundays or to a blood drive or flu-shot clinic as long as school is not in session an offender can participate in these activities.

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

• “Violent” offenders can not attend school sponsored activities on any public or private property (graduation ceremony, prom, spelling bee, basketball championship, etc). This legislation specifically states "solely" a school function, so if a conference center is holding a graduation and a wedding at the same time a “Violent” offender can legally attend the wedding, but if the offender attempts to enter the graduation then they have broken the law.

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

• “Violent” offenders can not step foot onto any school bus for any reason.

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/
  http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+16.1-228

• 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

• By law every two years a new photo is suppose to be taken by the VSP during an in-person re-registration at a VSP Barracks. (See Bulletin Board Posting #224) & (See Bulletin Board Posting #322)

• 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.

• If you travel to another state YOU are responsible to know what their laws are and you may need to register while you are there.

To avoid inadvertently committing a misdemeanor or a felony, do your homework before you leave Virginia!
(See Bulletin Board Posting #214 and Posting #180)

• Federal Bill HR1388- “GIVE Act” re-titled to honor Senator Ted Kennedy “Serve America Act” was introduced March 9, 2009 by U.S. Congresswoman Carolyn McCarthy D-NY. It had 37 co-sponsors.

HR1388 passed the U.S. House on March 18, 2009, it passed the U.S. Senate on March 26, 2009 and it was signed by the President on April 21, 2009.
It requires a background check of the National Sex Offender Registry and fingerprints to be sent to the FBI for anyone that volunteers and anyone who is on the Registry will be ineligible.
Read Full Bill Text

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Freedom to Worship: To attend church, temple or a mosque.

At least once a week we receive an e-mail asking if registered offenders who are classified as Violent can legally worship in Virginia.

At the 2010 Virginia General Assembly the RSOL of VA opposed a bill by Delegate Ben Cline (a Commonwealth’s Attorney) that would have 100% made attending church with a licensed daycare illegal. HB1366, http://leg1.state.va.us/cgi-bin/legp504.exe?ses=101&typ=bil&val=hb1366

Problem was, the 2010 House Courts of Justice Committee members including Chairman Morgan Griffith (now Congressman Griffith) could not tell us or the room if a church with a licensed daycare on the premises and that was operating on Sunday was already an illegal situation for a “Violent Offender” who was attending church services, they just did not know the answer. But the Committee agreed that Delegate Cline’s 2010 bill would definitely make it illegal if passed, the bill did not proceed.

So, is a registered sex offenders right to worship an illegal act in Virginia? If the Legislators, many who are attorneys can’t agree that it is or it isn’t then how can we advise if it is or it is? We can’t.

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As of April 21, 2011 the Virginia State Police have a 33-page handout of all the legal statutes that registered offenders must abide by.

It is only available upon request and it requires your signature.

For more information about this VSP handout (See Bulletin Board Posting #325)

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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

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Relief from Registration or Re-registration:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+9.1-909

Removal of Name and Information from Registry:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+9.1-910

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If you have a question about a law or registration/re-registration requirements contact the Virginia State Police Sex Offender Information Hotline.
Monday through Friday 9AM-5PM
804-674-2825