Florida Senate - 2009                              CS for SB 340
       
       
       
       By the Committee on Criminal Justice; and Senator Ring
       
       
       
       
       591-04079-09                                           2009340c1
    1                        A bill to be entitled                      
    2         An act relating to sexual offenders and predators;
    3         amending s. 257.12, F.S.; encouraging all public
    4         libraries to implement an Internet safety education
    5         program for children and adults; providing minimum
    6         requirements for the program; requiring libraries to
    7         annually report to the Division of Library and
    8         Information Services of the Department of State the
    9         number of participants who complete the program;
   10         requiring that the division adopt rules to award
   11         additional points to grant applicants implementing
   12         such a program; amending ss. 775.21, 943.0435,
   13         944.606, 944.607, and 985.481, F.S.; requiring sexual
   14         offenders and predators to provide home telephone
   15         numbers and any cellular telephone numbers as part of
   16         the registration process; correcting cross-references
   17         to apply exclusions from designation as a sexual
   18         offender or predator to owners or operators of
   19         computer services rather than to persons traveling to
   20         meet a minor; providing an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (3) is added to section 257.12,
   25  Florida Statutes, to read:
   26         257.12 Division of Library and Information Services
   27  authorized to accept and expend federal funds.—
   28         (3)All public libraries are encouraged to adopt an
   29  Internet safety education program, including the implementation
   30  of a computer-based educational program, which has been endorsed
   31  by a government-sanctioned law enforcement agency or other
   32  reputable public safety advocacy organization and is designed
   33  for children and adults. The purpose of the Internet safety
   34  education program is to promote the use of prudent online
   35  deportment and broaden awareness of online predators. The
   36  program must be interactive and age-appropriate. Each library
   37  shall annually report to the division the annual number of
   38  program participants who complete the Internet safety education
   39  program. By April 1, 2010, the division shall adopt rules for
   40  rewarding those libraries in the program grant application
   41  process which have had 1 percent or more of their annual number
   42  of program participants, based on the total number of registered
   43  borrowers from the preceding year, complete the Internet safety
   44  education program adopted by the library. Program participants
   45  completing the program as a result of strategic partnerships or
   46  collaboration between the library and other entities shall be
   47  integrated into the library’s annual report. The division shall
   48  adopt rules to allocate 10 percent of the total points available
   49  in the library services and technology grant application
   50  evaluation process to public libraries that are in compliance
   51  with this section, beginning with the grant application cycle
   52  for the 2011-2012 fiscal year.
   53         Section 2. Paragraph (a) of subsection (4), paragraph (a)
   54  of subsection (6), paragraph (a) of subsection (8), and
   55  paragraph (a) of subsection (10) of section 775.21, Florida
   56  Statutes, are amended to read:
   57         775.21 The Florida Sexual Predators Act.—
   58         (4) SEXUAL PREDATOR CRITERIA.—
   59         (a) For a current offense committed on or after October 1,
   60  1993, upon conviction, an offender shall be designated as a
   61  “sexual predator” under subsection (5), and subject to
   62  registration under subsection (6) and community and public
   63  notification under subsection (7) if:
   64         1. The felony is:
   65         a. A capital, life, or first-degree felony violation, or
   66  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
   67  is a minor and the defendant is not the victim’s parent or
   68  guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
   69  violation of a similar law of another jurisdiction; or
   70         b. Any felony violation, or any attempt thereof, of s.
   71  787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
   72  minor and the defendant is not the victim’s parent or guardian;
   73  s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
   74  796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
   75  847.0135(5); s. 847.0145; or s. 985.701(1); or a violation of a
   76  similar law of another jurisdiction, and the offender has
   77  previously been convicted of or found to have committed, or has
   78  pled nolo contendere or guilty to, regardless of adjudication,
   79  any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c),
   80  where the victim is a minor and the defendant is not the
   81  victim’s parent or guardian; s. 794.011, excluding s.
   82  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
   83  825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
   84  847.0135(6)(4); s. 847.0145; or s. 985.701(1); or a violation of
   85  a similar law of another jurisdiction;
   86         2. The offender has not received a pardon for any felony or
   87  similar law of another jurisdiction that is necessary for the
   88  operation of this paragraph; and
   89         3. A conviction of a felony or similar law of another
   90  jurisdiction necessary to the operation of this paragraph has
   91  not been set aside in any postconviction proceeding.
   92         (6) REGISTRATION.—
   93         (a) A sexual predator must register with the department
   94  through the sheriff’s office by providing the following
   95  information to the department:
   96         1. Name, social security number, age, race, sex, date of
   97  birth, height, weight, hair and eye color, photograph, address
   98  of legal residence and address of any current temporary
   99  residence, within the state or out of state, including a rural
  100  route address and a post office box, any electronic mail address
  101  and any instant message name required to be provided pursuant to
  102  subparagraph (g)4., home telephone number and any cellular
  103  telephone number, date and place of any employment, date and
  104  place of each conviction, fingerprints, and a brief description
  105  of the crime or crimes committed by the offender. A post office
  106  box shall not be provided in lieu of a physical residential
  107  address.
  108         a. If the sexual predator’s place of residence is a motor
  109  vehicle, trailer, mobile home, or manufactured home, as defined
  110  in chapter 320, the sexual predator shall also provide to the
  111  department written notice of the vehicle identification number;
  112  the license tag number; the registration number; and a
  113  description, including color scheme, of the motor vehicle,
  114  trailer, mobile home, or manufactured home. If a sexual
  115  predator’s place of residence is a vessel, live-aboard vessel,
  116  or houseboat, as defined in chapter 327, the sexual predator
  117  shall also provide to the department written notice of the hull
  118  identification number; the manufacturer’s serial number; the
  119  name of the vessel, live-aboard vessel, or houseboat; the
  120  registration number; and a description, including color scheme,
  121  of the vessel, live-aboard vessel, or houseboat.
  122         b. If the sexual predator is enrolled, employed, or
  123  carrying on a vocation at an institution of higher education in
  124  this state, the sexual predator shall also provide to the
  125  department the name, address, and county of each institution,
  126  including each campus attended, and the sexual predator’s
  127  enrollment or employment status. Each change in enrollment or
  128  employment status shall be reported in person at the sheriff’s
  129  office, or the Department of Corrections if the sexual predator
  130  is in the custody or control of or under the supervision of the
  131  Department of Corrections, within 48 hours after any change in
  132  status. The sheriff or the Department of Corrections shall
  133  promptly notify each institution of the sexual predator’s
  134  presence and any change in the sexual predator’s enrollment or
  135  employment status.
  136         2. Any other information determined necessary by the
  137  department, including criminal and corrections records;
  138  nonprivileged personnel and treatment records; and evidentiary
  139  genetic markers when available.
  140         (8) VERIFICATION.—The department and the Department of
  141  Corrections shall implement a system for verifying the addresses
  142  of sexual predators. The system must be consistent with the
  143  provisions of the federal Adam Walsh Child Protection and Safety
  144  Act of 2006 and any other federal standards applicable to such
  145  verification or required to be met as a condition for the
  146  receipt of federal funds by the state. The Department of
  147  Corrections shall verify the addresses of sexual predators who
  148  are not incarcerated but who reside in the community under the
  149  supervision of the Department of Corrections and shall report to
  150  the department any failure by a sexual predator to comply with
  151  registration requirements. County and local law enforcement
  152  agencies, in conjunction with the department, shall verify the
  153  addresses of sexual predators who are not under the care,
  154  custody, control, or supervision of the Department of
  155  Corrections. Local law enforcement agencies shall report to the
  156  department any failure by a sexual predator to comply with
  157  registration requirements.
  158         (a) A sexual predator must report in person each year
  159  during the month of the sexual predator’s birthday and during
  160  every third month thereafter to the sheriff’s office in the
  161  county in which he or she resides or is otherwise located to
  162  reregister. The sheriff’s office may determine the appropriate
  163  times and days for reporting by the sexual predator, which shall
  164  be consistent with the reporting requirements of this paragraph.
  165  Reregistration shall include any changes to the following
  166  information:
  167         1. Name; social security number; age; race; sex; date of
  168  birth; height; weight; hair and eye color; address of any
  169  permanent residence and address of any current temporary
  170  residence, within the state or out of state, including a rural
  171  route address and a post office box; any electronic mail address
  172  and any instant message name required to be provided pursuant to
  173  subparagraph (6)(g)4.; home telephone number and any cellular
  174  telephone number; date and place of any employment; vehicle
  175  make, model, color, and license tag number; fingerprints; and
  176  photograph. A post office box shall not be provided in lieu of a
  177  physical residential address.
  178         2. If the sexual predator is enrolled, employed, or
  179  carrying on a vocation at an institution of higher education in
  180  this state, the sexual predator shall also provide to the
  181  department the name, address, and county of each institution,
  182  including each campus attended, and the sexual predator’s
  183  enrollment or employment status.
  184         3. If the sexual predator’s place of residence is a motor
  185  vehicle, trailer, mobile home, or manufactured home, as defined
  186  in chapter 320, the sexual predator shall also provide the
  187  vehicle identification number; the license tag number; the
  188  registration number; and a description, including color scheme,
  189  of the motor vehicle, trailer, mobile home, or manufactured
  190  home. If the sexual predator’s place of residence is a vessel,
  191  live-aboard vessel, or houseboat, as defined in chapter 327, the
  192  sexual predator shall also provide the hull identification
  193  number; the manufacturer’s serial number; the name of the
  194  vessel, live-aboard vessel, or houseboat; the registration
  195  number; and a description, including color scheme, of the
  196  vessel, live-aboard vessel, or houseboat.
  197         (10) PENALTIES.—
  198         (a) Except as otherwise specifically provided, a sexual
  199  predator who fails to register; who fails, after registration,
  200  to maintain, acquire, or renew a driver’s license or
  201  identification card; who fails to provide required location
  202  information, electronic mail address information, instant
  203  message name information, home telephone number and any cellular
  204  telephone number, or change-of-name information; who fails to
  205  make a required report in connection with vacating a permanent
  206  residence; who fails to reregister as required; who fails to
  207  respond to any address verification correspondence from the
  208  department within 3 weeks of the date of the correspondence; or
  209  who otherwise fails, by act or omission, to comply with the
  210  requirements of this section, commits a felony of the third
  211  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  212  775.084.
  213         Section 3. Paragraph (a) of subsection (1), paragraph (b)
  214  of subsection (2), and paragraph (c) of subsection (14) of
  215  section 943.0435, Florida Statutes, are amended to read:
  216         943.0435 Sexual offenders required to register with the
  217  department; penalty.—
  218         (1) As used in this section, the term:
  219         (a)1. “Sexual offender” means a person who meets the
  220  criteria in sub-subparagraph a., sub-subparagraph b., sub
  221  subparagraph c., or sub-subparagraph d., as follows:
  222         a.(I) Has been convicted of committing, or attempting,
  223  soliciting, or conspiring to commit, any of the criminal
  224  offenses proscribed in the following statutes in this state or
  225  similar offenses in another jurisdiction: s. 787.01, s. 787.02,
  226  or s. 787.025(2)(c), where the victim is a minor and the
  227  defendant is not the victim’s parent or guardian; s. 794.011,
  228  excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
  229  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  230  excluding s. 847.0135(6)(4); s. 847.0137; s. 847.0138; s.
  231  847.0145; or s. 985.701(1); or any similar offense committed in
  232  this state which has been redesignated from a former statute
  233  number to one of those listed in this sub-sub-subparagraph; and
  234         (II) Has been released on or after October 1, 1997, from
  235  the sanction imposed for any conviction of an offense described
  236  in sub-sub-subparagraph (I). For purposes of sub-sub
  237  subparagraph (I), a sanction imposed in this state or in any
  238  other jurisdiction includes, but is not limited to, a fine,
  239  probation, community control, parole, conditional release,
  240  control release, or incarceration in a state prison, federal
  241  prison, private correctional facility, or local detention
  242  facility;
  243         b. Establishes or maintains a residence in this state and
  244  who has not been designated as a sexual predator by a court of
  245  this state but who has been designated as a sexual predator, as
  246  a sexually violent predator, or by another sexual offender
  247  designation in another state or jurisdiction and was, as a
  248  result of such designation, subjected to registration or
  249  community or public notification, or both, or would be if the
  250  person were a resident of that state or jurisdiction, without
  251  regard to whether the person otherwise meets the criteria for
  252  registration as a sexual offender;
  253         c. Establishes or maintains a residence in this state who
  254  is in the custody or control of, or under the supervision of,
  255  any other state or jurisdiction as a result of a conviction for
  256  committing, or attempting, soliciting, or conspiring to commit,
  257  any of the criminal offenses proscribed in the following
  258  statutes or similar offense in another jurisdiction: s. 787.01,
  259  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
  260  the defendant is not the victim’s parent or guardian; s.
  261  794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
  262  796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
  263  847.0135, excluding s. 847.0135(6)(4); s. 847.0137; s. 847.0138;
  264  s. 847.0145; or s. 985.701(1); or any similar offense committed
  265  in this state which has been redesignated from a former statute
  266  number to one of those listed in this sub-subparagraph; or
  267         d. On or after July 1, 2007, has been adjudicated
  268  delinquent for committing, or attempting, soliciting, or
  269  conspiring to commit, any of the criminal offenses proscribed in
  270  the following statutes in this state or similar offenses in
  271  another jurisdiction when the juvenile was 14 years of age or
  272  older at the time of the offense:
  273         (I) Section 794.011, excluding s. 794.011(10);
  274         (II) Section 800.04(4)(b) where the victim is under 12
  275  years of age or where the court finds sexual activity by the use
  276  of force or coercion;
  277         (III) Section 800.04(5)(c)1. where the court finds
  278  molestation involving unclothed genitals; or
  279         (IV) Section 800.04(5)(d) where the court finds the use of
  280  force or coercion and unclothed genitals.
  281         2. For all qualifying offenses listed in sub-subparagraph
  282  (1)(a)1.d., the court shall make a written finding of the age of
  283  the offender at the time of the offense.
  284  
  285  For each violation of a qualifying offense listed in this
  286  subsection, the court shall make a written finding of the age of
  287  the victim at the time of the offense. For a violation of s.
  288  800.04(4), the court shall additionally make a written finding
  289  indicating that the offense did or did not involve sexual
  290  activity and indicating that the offense did or did not involve
  291  force or coercion. For a violation of s. 800.04(5), the court
  292  shall additionally make a written finding that the offense did
  293  or did not involve unclothed genitals or genital area and that
  294  the offense did or did not involve the use of force or coercion.
  295         (2) A sexual offender shall:
  296         (b) Provide his or her name, date of birth, social security
  297  number, race, sex, height, weight, hair and eye color, tattoos
  298  or other identifying marks, occupation and place of employment,
  299  address of permanent or legal residence or address of any
  300  current temporary residence, within the state and out of state,
  301  including a rural route address and a post office box, home
  302  telephone number and any cellular telephone number, any
  303  electronic mail address and any instant message name required to
  304  be provided pursuant to paragraph (4)(d), date and place of each
  305  conviction, and a brief description of the crime or crimes
  306  committed by the offender. A post office box shall not be
  307  provided in lieu of a physical residential address.
  308         1. If the sexual offender’s place of residence is a motor
  309  vehicle, trailer, mobile home, or manufactured home, as defined
  310  in chapter 320, the sexual offender shall also provide to the
  311  department through the sheriff’s office written notice of the
  312  vehicle identification number; the license tag number; the
  313  registration number; and a description, including color scheme,
  314  of the motor vehicle, trailer, mobile home, or manufactured
  315  home. If the sexual offender’s place of residence is a vessel,
  316  live-aboard vessel, or houseboat, as defined in chapter 327, the
  317  sexual offender shall also provide to the department written
  318  notice of the hull identification number; the manufacturer’s
  319  serial number; the name of the vessel, live-aboard vessel, or
  320  houseboat; the registration number; and a description, including
  321  color scheme, of the vessel, live-aboard vessel, or houseboat.
  322         2. If the sexual offender is enrolled, employed, or
  323  carrying on a vocation at an institution of higher education in
  324  this state, the sexual offender shall also provide to the
  325  department through the sheriff’s office the name, address, and
  326  county of each institution, including each campus attended, and
  327  the sexual offender’s enrollment or employment status. Each
  328  change in enrollment or employment status shall be reported in
  329  person at the sheriff’s office, within 48 hours after any change
  330  in status. The sheriff shall promptly notify each institution of
  331  the sexual offender’s presence and any change in the sexual
  332  offender’s enrollment or employment status.
  333  
  334  When a sexual offender reports at the sheriff’s office, the
  335  sheriff shall take a photograph and a set of fingerprints of the
  336  offender and forward the photographs and fingerprints to the
  337  department, along with the information provided by the sexual
  338  offender. The sheriff shall promptly provide to the department
  339  the information received from the sexual offender.
  340         (14)
  341         (c) The sheriff’s office may determine the appropriate
  342  times and days for reporting by the sexual offender, which shall
  343  be consistent with the reporting requirements of this
  344  subsection. Reregistration shall include any changes to the
  345  following information:
  346         1. Name; social security number; age; race; sex; date of
  347  birth; height; weight; hair and eye color; address of any
  348  permanent residence and address of any current temporary
  349  residence, within the state or out of state, including a rural
  350  route address and a post office box; any electronic mail address
  351  and any instant message name required to be provided pursuant to
  352  paragraph (4)(d); home telephone number and any cellular
  353  telephone number; date and place of any employment; vehicle
  354  make, model, color, and license tag number; fingerprints; and
  355  photograph. A post office box shall not be provided in lieu of a
  356  physical residential address.
  357         2. If the sexual offender is enrolled, employed, or
  358  carrying on a vocation at an institution of higher education in
  359  this state, the sexual offender shall also provide to the
  360  department the name, address, and county of each institution,
  361  including each campus attended, and the sexual offender’s
  362  enrollment or employment status.
  363         3. If the sexual offender’s place of residence is a motor
  364  vehicle, trailer, mobile home, or manufactured home, as defined
  365  in chapter 320, the sexual offender shall also provide the
  366  vehicle identification number; the license tag number; the
  367  registration number; and a description, including color scheme,
  368  of the motor vehicle, trailer, mobile home, or manufactured
  369  home. If the sexual offender’s place of residence is a vessel,
  370  live-aboard vessel, or houseboat, as defined in chapter 327, the
  371  sexual offender shall also provide the hull identification
  372  number; the manufacturer’s serial number; the name of the
  373  vessel, live-aboard vessel, or houseboat; the registration
  374  number; and a description, including color scheme, of the
  375  vessel, live-aboard vessel or houseboat.
  376         4. Any sexual offender who fails to report in person as
  377  required at the sheriff’s office, or who fails to respond to any
  378  address verification correspondence from the department within 3
  379  weeks of the date of the correspondence or who fails to report
  380  electronic mail addresses or instant message names, commits a
  381  felony of the third degree, punishable as provided in s.
  382  775.082, s. 775.083, or s. 775.084.
  383         Section 4. Paragraph (b) of subsection (1) and paragraph
  384  (a) of subsection (3) of section 944.606, Florida Statutes, are
  385  amended to read:
  386         944.606 Sexual offenders; notification upon release.—
  387         (1) As used in this section:
  388         (b) “Sexual offender” means a person who has been convicted
  389  of committing, or attempting, soliciting, or conspiring to
  390  commit, any of the criminal offenses proscribed in the following
  391  statutes in this state or similar offenses in another
  392  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  393  the victim is a minor and the defendant is not the victim’s
  394  parent or guardian; s. 794.011, excluding s. 794.011(10); s.
  395  794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
  396  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6)(4);
  397  s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any
  398  similar offense committed in this state which has been
  399  redesignated from a former statute number to one of those listed
  400  in this subsection, when the department has received verified
  401  information regarding such conviction; an offender’s
  402  computerized criminal history record is not, in and of itself,
  403  verified information.
  404         (3)(a) The department must provide information regarding
  405  any sexual offender who is being released after serving a period
  406  of incarceration for any offense, as follows:
  407         1. The department must provide: the sexual offender’s name,
  408  any change in the offender’s name by reason of marriage or other
  409  legal process, and any alias, if known; the correctional
  410  facility from which the sexual offender is released; the sexual
  411  offender’s social security number, race, sex, date of birth,
  412  height, weight, and hair and eye color; date and county of
  413  sentence and each crime for which the offender was sentenced; a
  414  copy of the offender’s fingerprints and a digitized photograph
  415  taken within 60 days before release; the date of release of the
  416  sexual offender; any electronic mail address and any instant
  417  message name required to be provided pursuant to s.
  418  943.0435(4)(d); home telephone number and any cellular telephone
  419  number; and the offender’s intended residence address, if known.
  420  The department shall notify the Department of Law Enforcement if
  421  the sexual offender escapes, absconds, or dies. If the sexual
  422  offender is in the custody of a private correctional facility,
  423  the facility shall take the digitized photograph of the sexual
  424  offender within 60 days before the sexual offender’s release and
  425  provide this photograph to the Department of Corrections and
  426  also place it in the sexual offender’s file. If the sexual
  427  offender is in the custody of a local jail, the custodian of the
  428  local jail shall register the offender within 3 business days
  429  after intake of the offender for any reason and upon release,
  430  and shall notify the Department of Law Enforcement of the sexual
  431  offender’s release and provide to the Department of Law
  432  Enforcement the information specified in this paragraph and any
  433  information specified in subparagraph 2. that the Department of
  434  Law Enforcement requests.
  435         2. The department may provide any other information deemed
  436  necessary, including criminal and corrections records,
  437  nonprivileged personnel and treatment records, when available.
  438         Section 5. Paragraph (a) of subsection (1) of section
  439  944.607, Florida Statutes, is amended to read:
  440         944.607 Notification to Department of Law Enforcement of
  441  information on sexual offenders.—
  442         (1) As used in this section, the term:
  443         (a) “Sexual offender” means a person who is in the custody
  444  or control of, or under the supervision of, the department or is
  445  in the custody of a private correctional facility:
  446         1. On or after October 1, 1997, as a result of a conviction
  447  for committing, or attempting, soliciting, or conspiring to
  448  commit, any of the criminal offenses proscribed in the following
  449  statutes in this state or similar offenses in another
  450  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  451  the victim is a minor and the defendant is not the victim’s
  452  parent or guardian; s. 794.011, excluding s. 794.011(10); s.
  453  794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
  454  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6)(4);
  455  s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any
  456  similar offense committed in this state which has been
  457  redesignated from a former statute number to one of those listed
  458  in this paragraph; or
  459         2. Who establishes or maintains a residence in this state
  460  and who has not been designated as a sexual predator by a court
  461  of this state but who has been designated as a sexual predator,
  462  as a sexually violent predator, or by another sexual offender
  463  designation in another state or jurisdiction and was, as a
  464  result of such designation, subjected to registration or
  465  community or public notification, or both, or would be if the
  466  person were a resident of that state or jurisdiction, without
  467  regard as to whether the person otherwise meets the criteria for
  468  registration as a sexual offender.
  469         Section 6. Paragraph (a) of subsection (3) of section
  470  985.481, Florida Statutes, is amended to read:
  471         985.481 Sexual offenders adjudicated delinquent;
  472  notification upon release.—
  473         (3)(a) The department must provide information regarding
  474  any sexual offender who is being released after serving a period
  475  of residential commitment under the department for any offense,
  476  as follows:
  477         1. The department must provide the sexual offender’s name,
  478  any change in the offender’s name by reason of marriage or other
  479  legal process, and any alias, if known; the correctional
  480  facility from which the sexual offender is released; the sexual
  481  offender’s social security number, race, sex, date of birth,
  482  height, weight, and hair and eye color; date and county of
  483  disposition and each crime for which there was a disposition; a
  484  copy of the offender’s fingerprints and a digitized photograph
  485  taken within 60 days before release; the date of release of the
  486  sexual offender; home telephone number and any cellular
  487  telephone number; and the offender’s intended residence address,
  488  if known. The department shall notify the Department of Law
  489  Enforcement if the sexual offender escapes, absconds, or dies.
  490  If the sexual offender is in the custody of a private
  491  correctional facility, the facility shall take the digitized
  492  photograph of the sexual offender within 60 days before the
  493  sexual offender’s release and also place it in the sexual
  494  offender’s file. If the sexual offender is in the custody of a
  495  local jail, the custodian of the local jail shall register the
  496  offender within 3 business days after intake of the offender for
  497  any reason and upon release, and shall notify the Department of
  498  Law Enforcement of the sexual offender’s release and provide to
  499  the Department of Law Enforcement the information specified in
  500  this subparagraph and any information specified in subparagraph
  501  2. which the Department of Law Enforcement requests.
  502         2. The department may provide any other information
  503  considered necessary, including criminal and delinquency
  504  records, when available.
  505         Section 7. This act shall take effect July 1, 2009.