Section 1395-01-05-.06 - RECORD SYSTEM(1) The TBI shall establish, maintain and update a file for each registered offender. Said file will contain the offender's registration and monitoring forms, criminal history, and any other documents relevant to the offender's placement on the Sexual Offender Registry (e.g., copies of judgments, probation orders, correspondence with other states concerning offenders moving to or from Tennessee, TOMIS printouts, etc.).(2) The TBI shall establish, maintain and update a centralized record system of sexual offender registration and verification information and promptly report such information to the following entities:(a) The local law enforcement agency for the offender's place of residence;(b) The local law enforcement agency for the offender's previous place of residence if a change of residence is indicated;(c) The local law enforcement agency for the offender's place of employment;(d) The local law enforcement agency for the offender's previous place of employment if a change of employment is indicated;(e) When applicable, the probation officer, parole officer, or other public officer or employee assigned responsibility for the offender's supervised release;(f) The District Attorney General's Office; and(g) The identification division of the FBI.(3) If an offender does not comply with the registration/ monitoring process requirements, the TBI shall notify the district attorney general and the probation officer, parole officer or other public office or employee assigned responsibility for the sexual offender's supervised release.(4) For offenses committed prior to July 1, 1997, information reported on sexual offender registration/ monitoring forms, verification/ monitoring forms, and acknowledgment forms shall be confidential unless the local law enforcement agency determines that release of relevant information is necessary to protect the public. The TBI recommends that local law enforcement agencies should adopt policies regarding the release of confidential information about registered sexual offenders to the public. Such policies should address issues such as:(a) What form(s) of identification will be required of the requestor;(b) What scenarios demonstrate a need to protect the public;(c) In what form the information will be released; and(d) What instructions will be given to the requestor about his or her dissemination of the information to others.(5) TBI officers and employees shall be immune from liability relative to their good faith actions, omissions and conduct regarding the sexual offender registration/ monitoring process.(6) The following information is public information relating to sexual offenses committed on or after July 1, 1997, and shall be available to the public through the TBI's web site and through the Tennessee Internet Criminal Information Center Hotline, a toll-free telephone number: (a) The offender's complete name as well as any aliases;(b) The offender's date of birth;(c) The sexual offense or offenses of which the offender has been convicted;(d) The street address including the house number, county, city and ZIP code area in which the offender resides, or if the offender does not reside in a city, the county, rural route and ZIP Code area where the offender resides;(e) The offender's race and gender;(f) The date of the last verification of information by the offender;(g) The most recent photograph of the offender that has been submitted to the TBI sexual offender registry;(h) The offender's driver's license number and issuing state; and(i) The offender's parole/ probation office.Tenn. Comp. R. & Regs. 1395-01-05-.06
Original rule filed December 19, 2001; effective April 30, 2002.Authority: T.C.A. § 40-39-106.