How does the new sex offender law that was passed in 2004 differ from the old one?

In 2004, the Tennessee legislature revised the state sex offender law in an effort to hold offenders more accountable for their actions.  Stricter reporting requirements were included in the new law, and sex offenders were separated into two categories, either violent or non-violent.  Those who are considered violent must report quarterly, while the rest are required to register once a year.

Prior to the law change, offenders were required to register with the TBI quarterly by mail.  Now, offenders must physically appear at a local law enforcement office or probation/parole office to register in person.

Under the previous law, offenders could petition to be removed from the list ten years after his/her sentence had expired.  The new law still allows sexual offenders this option, but violent sexual offenders can never be removed from the registry.  

Violation of the provisions of the new law is a Class E felony, compared to the former law that made violation a Class A misdemeanor.

How often are sex offenders required to register?

Sex offenders are required to report annually within 14 days of their birthdays. Violent offenders are required to report quarterly during the months of March, June, September, and December. Sex offenders and violent sex offenders are also required to report in person when they change their address, employment, or school information between reporting dates.

What’s the difference in a sex offender and a violent sex offender?

A violent sex offender is any person convicted of a violent sexual offense as defined by T.C.A. 40-39-202 (24) or anyone from another state who was convicted of an offense that would be considered a violent sex offense in Tennessee .

How far back does the registry go?

Sex offenders/violent sex offenders are required to register if their convictions occurred on or after January 1, 1995 OR if their conviction occurred before January 1, 1995 and they remain under or were placed on probation , parole or any other alternative to incarceration on or after  January 1, 1995. Offenders who have been discharged from probation, parole, or any alternative to incarceration on or after January 1, 1995 must also register.

How many people have been in to register since the new law went into effect?

This number changes daily. Since August 1, 2004 , more than 5,100 offenders have been registered electronically under the new law.

Why are only a portion of the sex offenders on the public registry?

By law, information concerning sex offenders/violent sex offenders who committed their offenses before July 1, 1997 , is considered confidential and only available to law enforcement. Confidential information concerning a specific offender may be released by law enforcement only if the specific sex offender is deemed to pose a threat to the community. It is the policy of the TBI that local law enforcement is best suited to make the determination as to who poses a threat in their community.

Does the TBI send out a notice to people who live around a sex offender to let them know?

No, however the TBI website now offers some new features that allow the public to access a list of offenders by county, city or zip code.

There’s a person in my neighborhood who I know is an offender, and he/she isn’t registered. Why is that?

The offender may have been convicted and expired his/her sentence prior to January 1, 1995 . The offender's crime may have occurred prior to July 1, 1997 , which would make the offender's information confidential. Therefore, the offender could be registered, but he/she would not appear on the website. It could also mean that the offender is not in compliance with the new law, and law enforcement is unaware of his/her presence in the community. Contact your local law enforcement agency to report an unregistered offender.

Where do sex offenders register?

Sex offenders should register with their local police or sheriff’s office depending on where they live within the county. Those being released from prison should register with the Department of Correction prior to their release.

How long does an offender remain on the registry?

Violent offenders are required to register for life. A sex offender may file a request for termination of registration requirements with the TBI headquarters in Nashville ten years from the date the offender expires his/her sentence. If it is determined that the sexual offender has not been convicted of any additional sexual offenses during the ten year period and the sexual offender has substantially complied with the registration requirements, TBI shall remove the offender’s name from the Sex Offender Registry and shall notify the offender that he or she is no longer required to register.

What’s the TBI’s role in the new sex offender registry?

The TBI is responsible for maintaining the electronic sex offender database and managing the public website, which can be accessed via the TBI home page. The TBI also conducts sex offender training for local law enforcement and participates in large scale sex offender round-ups upon request.

How much does it cost to register, and where does the money go?

Sexual offenders shall pay an administrative fee of $100 dollars when they register annually. Violent offenders shall pay the $100 administrative fee at their March reporting. The administrative fee goes directly to the agency where the offender registers.

What’s the penalty for not registering?

Failure to register or update your records could result in a Class E felony. Additionally, if the offender is on probation, parole, or any other alternative to incarceration, failure to comply with the program requirements will constitute sufficient grounds for and may result in the revocation of offender’s probation, parole, or other alternative to incarceration.

How do I obtain more details about a sex offender’s crime?

Additional information about a sex offender’s criminal history can be obtained through court records held in the clerk’s office in the county of conviction.

How long does an offender have to register, once he/she has moved?