Section 1395-01-05-.07 - REMOVAL FROM REGISTRATION AND MONITORING REQUIREMENTS(1) Certain offenders must remain on the registry for life; they can only be removed if they move out of state and no longer work or attend school in Tennessee. These offenders fall into two categories:(a) Those who are convicted of a "sexually violent offense"; and(b) Those with one or more convictions for a sexual offense prior to the date of the offense(s) for which they are currently required to register.(2) A registered sexual offender may file a petition in the circuit court of the county in which the person resides for an order relieving the person of the continuing duty to submit the required forms for the sexual offender registration and monitoring process only according to the following conditions:(a) No sooner than ten (10) years after termination of active supervision on probation, parole, or any other alternative to incarceration; or(b) No sooner than ten (10) years after discharge from incarceration without supervision.(3) If the court enters such an order it is the responsibility of the sexual offender to provide a certified copy of the order to the TBI.(4) An individual may not file more than one (1) petition for removal from the sexual register during any five-year period.(5) Upon receipt and verification of notice of the death of a registered offender, the TBI CIU shall expunge all data pertaining to a sexual offender from the centralized record system.Tenn. Comp. R. & Regs. 1395-01-05-.07
Original rule filed December 19, 2001; effective April 30, 2002.Authority: T.C.A. §§ 40-39-107, 40-39-109, and 40-39-110.