Notice of the Duty to Register as a Sex Offender

When a defendant is convicted of a reportable sex crime, someone is required to give him or her notice of the duty to register. Who does it depends on whether or not the defendant receives an active sentence. If the defendant receives an active sentence, notice of the duty will come from the prison system or the jail. Under G.S. 14-208.8(a), at least 10 days but not earlier than 30 days before a person is due to be released from a penal institution, a prison or jail official must give the inmate prerelease notice of his or her duty to register. The official must also require the inmate to sign a written statement that he or she received the notice. If the inmate refuses to sign, the official should certify that the notification was conveyed. The official is also directed to jump-start the registration process by gathering some of the information listed in G.S. 14-208.7(b), including the defendant’s basic biographical information, driver license number, address, and information about the registration crime. Some additional information is collected from lifetime registrants (recidivists, those convicted of an aggravated offense, and sexually violent predators). G.S. 14-208.22(c). All the information gets conveyed to the Department of Public Safety and to the sheriff of the county where the person expects to reside upon release. If the defendant does not receive an active sentence, the sentencing court does the notification. The form for doing that is AOC-CR-261. So, whether a defendant is convicted in district or superior court, [...]