§ 1364. SORA-Office-DPS, Board and Agencies Specific Duties and Responsibilities

TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 1: CRIMES AGAINST THE PERSON § 1364. SORA-Office/DPS, Board and Agencies Specific Duties and Responsibilities. (a) SORAB. The Sex Offender Registry Administrative Board as defined under § 1360(m) is the SORA-Office/DPS non-appointed board composition consists of agencies directors/chiefs/commissioners such as: DPS, CJPA Director and LESA Directors/Chiefs or Commissioner or their designees and the Attorney General or his designee (as the board’s legal counsel) responsible to promulgate policies, determine registration reduction, ensure the improvement and imple- mentation of this article is carried out by all affected agencies under this article. The board is also charged with the expenditure authority on the supplemental “Sex Offender Fee Guidelines” for SORA-Office/DPS and agencies’ implemen- tation and improvement of the registry; community and law enforcement educa- tion outreach services, and training needed by any of the affected agencies. (b) SORA-Office. SORA-Office is the Department of Public Safety. It is the Commonwealth’s Official Sex Offender Registry and Notification Office and is monitored by SORAB. The Department is charged with the overall registry and notification, website responsibility, augmented and assisted by the law enforce- ment supervision agencies (DOC, Parole and Probation) in the initial registration. (c) LESA. LESA are the law enforcement supervision agencies (LESA). They are the law enforcement supervision agencies with certain legal authorities over certain covered sex offenders provided by the sentencing authority (the Courts and/or the Board of Parole) to secure, oversee, monitor and/or track their move- ments. They are responsible to provide the “Initial Sex Offender Registration” immediately (within 3 days) of entry into the agency’s security or supervision and transmit the initial registration information to SORA-Office/DPS. They are also charged to direct the sex offender to report and appear in person at the SORA- Office/DPS (if under probation or parole and DOC to escort to SORA-Office) for DNA sample and other required information; and maintain its “Initial Registry” and provide all updates of the sex offender registration forty five days prior to their release from security or supervision (DOC, Parole or Probation). (d) Duty to Obtain Information. The covered agencies (SORA Office/DPS and LESA) shall obtain required and other pertinent information from the sex offender and, likewise, the sex offender covered by this article and required to official sex offender registration with LESA and SORA-Office/Department of Public Safety pursuant to this article shall provide the required information and other pertinent or related requested. (e) Initial Registration. Initial registration shall be initiated by the appropriate agency pursuant to § 1364(c) and (d) and shall be transmitted to SORA- Office/DPS. See 6 CMC § 1366. (f) Digitization. All information obtained under this article shall be, at a minimum, maintained by the Department of Public Safety or designee in digit- ized format. (g) Electronic Database. A sex offender registry shall be maintained in an electronic database by the DPS Sex Offender Office or designee.

TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 1: CRIMES AGAINST THE PERSON Source: PL 11-104, § 1 (Section 5 of reenacted PL 11-35) repealed and reenacted PL 11-35; repealed and reenacted by PL 17-49 § 2(1363) (July 29, 2011), modified. Commission Comment: The Commission italicized titles of subsections for emphasis; changed capitalization for conformity; changed occurrences of “the Act” to “this article;”and removed figures that repeated words pursuant to 1 CMC § 3806(f), (d) and (e). To correct a manifest grammatical error, the Commission changed “LESA is” to “LESA are” in subsection (c).


Source: CNMI Law Revision Commission