Section 1395-01-05-.02 - DEFINITIONS(1) Acknowledgment Form - A form provided by the TBI to agencies for the purpose of confirming that the sexual offender understands the requirements and penalties involved in the sexual offender registration/ monitoring process.(2) Business Day - A twenty-four (24) hour period beginning at 12:01 a.m.(3) Centralized Record System - Collection of criminal history maintained by the TBI CIU that contains sexual offender registration and verification information.(4) CIU - Criminal Intelligence Unit.(5) Current Photograph - Most current photograph available.(6) Deliver - By United States mail service or other courier service (UPS, Federal Express, etc.) or hand delivery to the TBI Headquarters in Nashville, Tennessee.(7) Expungement - The deletion of information from the sexual offender registry upon court order, death of the sexual offender or the act of moving out of the state of Tennessee.(8) FBI - Federal Bureau of Investigation.(9) Local Law Enforcement Agency - Police Department or Sheriff's Department/ Office.(10) Notice of Death - Consists of a copy of the certificate of death issued by the State or County Department of Health or a listing in the Social Security Death Index or a listing in the State Department of Health Vital Statistics Index. Obituaries and other death notices from newspapers and other publications are not sufficient absent verification by one of the other means listed above.(11) Registration/ Monitoring Form - Form provided to sexual offenders to record sexual offender registration and to verify that information is current and correct.(12) Sexual Offender - A person who is, or has been, convicted in Tennessee of committing a sexual offense or who is, or has been, convicted in another state or another country, or who is or has been convicted in a federal or military court, of committing an act which would have constituted a sexual offense if it had been committed in this state; provided that:(a) Conviction or any other alternative to incarceration occurs on or after January 1, 1995; or(b) If conviction occurred prior to January 1, 1995, the person does one of the following: 1. Remains under or is placed on probation, parole, or any other alternative to incarceration on or after January 1, 1995;2. Is discharged from probation, parole, or any other alternative to incarceration on or after January 1, 1995;3. Is discharged from incarceration without supervision on or after January 1, 1995.(13) Sexual Offender Registry - Collection of information regarding sexual offenders maintained by the TBI CIU.(14) Sexual Offense - The commission of any act that constitutes the criminal offense of:(a) Aggravated rape, under § 39-13-502;(b) Rape, under § 39-13-503;(c) Aggravated sexual battery, under § 39-13-504;(d) Sexual battery, under § 39-13-505;(e) Statutory rape, under § 39-13-506;(f) Aggravated prostitution, under § 39-13-516;(g) Sexual exploitation of a minor, under § 39-17-1003;(h) Aggravated sexual exploitation of a minor, under § 39-17-1005;(i) Incest, under § 39-15-302;(j) False imprisonment of a minor, under § 39-13-302;(k) Kidnapping of a minor, under § 39-13-303;(l) Aggravated kidnapping of a minor, under § 39-13-304;(m) Especially aggravated kidnapping of a minor, under § 39-13-305;(n) Rape of a child, under § 39-13-522;(o) Sexual battery by an authority figure, under § 39-13-527;(p) Attempt, under § 39-12-101, solicitation, under § 39-12-102, or conspiracy, under § 39-12-103, to commit any of the offenses enumerated above;(q) Criminal responsibility, under § 39-11-402(2), for facilitating the commission under § 39-11-403 of, or being an accessory after the fact, under § 39-11-411, to any of the offenses enumerated above; or(r) Any act enumerated above committed prior to November 1, 1989, which may have been listed in a section of the Tennessee Code Annotated that has been repealed.(15) "Sexually violent offense" means the commission of any act that constitutes the criminal offense of:(a) Aggravated rape, under § 39-13-502;(b) Rape, under § 39-13-503(1) or § 39-13-503(3);(c) Aggravated sexual battery, under § 39-13-504;(d) Rape of a child, under § 39-13-522; or(e) Criminal attempt to commit any of the offenses listed above.(16) Signature - A valid signature of the sexual offender. If someone besides the sexual offender signs a form, then a valid court order or notarized document authorizing the person signing the form to do so, must be presented to the TBI authorizing such individual's signature for the sexual offender.(17) TBI - Tennessee Bureau of Investigation.(18) TOMIS - Tennessee Offender Management Information SystemTenn. Comp. R. & Regs. 1395-01-05-.02
Original rule filed December 19, 2001; effective April 30, 2002.Authority: T.C.A. §§ 39-13-502 et seq.,39-13-516, 39-17-1003, 39-17-1005, 39-15-302, 39-13-302 et seq., 39-13-522, 39-12-101 et seq., 39-11-402, 39-11-403, 39-11-411, and 40-39-102.