North Carolina § 14-208 - 5. Purpose.

§ 14-208. 5. Purpose.

The General Assembly recognizes that sex offenders often pose a high risk of engaging in sex offenses even after being released from incarceration or commitment and that protection of the public from sex offenders is of paramount governmental interest. The General Assembly also recognizes that persons who commit certain other types of offenses against minors, such as kidnapping, pose significant and unacceptable threats to the public safety and welfare of the children in this State and that the protection of those children is of great governmental interest. Further, the General Assembly recognizes that law enforcement officers' efforts to protect communities, conduct investigations, and quickly apprehend offenders who commit sex offenses or certain offenses against minors are impaired by the lack of information available to law enforcement agencies about convicted offenders who live within the agency's jurisdiction. Release of information about these offenders will further the governmental interests of public safety so long as the information released is rationally related to the furtherance of those goals. Therefore, it is the purpose of this Article to assist law enforcement agencies' efforts to protect communities by requiring persons who are convicted of sex offenses or of certain other offenses committed against minors to register with law enforcement agencies, to require the exchange of relevant information about those offenders among law enforcement agencies, and to authorize the access to necessary and relevant information about those offenders to others as provided in this Article. History (1995, c. 545, s. 1; 1997-516, s. 1.) Cross References. - As to permanent no contact order against convicted sex offender, see G.S. 15A-1340.50 . As to permanent civil no-contract order against sext offender on behalf of crime victim, see G.S. 50D-1 et seq. As to prohibition on registered sex offenders being credentialed as emergency medical services personnel, see G.S. 131E-159(h) . Editor's Note. - Session Laws 2008-181, ss. 39.1 through 39.3, provide: "39.1 There is created the Joint Legislative Study Committee on Civil Commitment of Sexual Predators Who Are Determined to be Incapable of Proceeding to Trial. The Committee shall consist of 10 members to be appointed as follows: the Speaker of the House of Representatives shall appoint five members of the House of Representatives and the President Pro Tempore of the Senate shall appoint five members the Senate. "The Speaker of the House of Representatives shall appoint a cochair, and the President Pro Tempore of the Senate shall appoint a cochair for the Committee. The Committee may meet at any time upon the joint call of the cochairs. Vacancies on the Committee shall be filled by the same appointing authority as made the initial appointment. "The Committee, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120-19 and G.S. 120-19 .1 through G.S. 120-19.4 . The Committee may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02 . "Subject to the approval of the Legislative Services Commission, the Committee may meet in the Legislative Building or the Legislative Office Building. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. The House of Representatives' and the Senate's Directors of Legislative Assistants shall assign clerical support staff to the Committee, and the expenses relating to the clerical employees shall be borne by the Committee. Members of the Committee shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1 , 138-5, or 138-6, as appropriate. "39.2 The Committee shall study the State's current laws regarding defendants who are determined to be incapable of proceeding to trial and the State's current laws regarding involuntary commitment. The Committee shall further consider whether these laws adequately and appropriately address the public safety issues raised by certain defendants who are: (i) charged with committing a sex offense against a child, (ii) found incapable of proceeding to trial, and (iii) do not meet the criteria for involuntary commitment. In its study, the Committee shall review legislation adopted by other states addressing these issues. The Committee may also consider any other issues it deems relevant to this study. "39.3 The Committee shall make a final report of its findings and recommendations to the 2009 General Assembly." Legal Periodicals. - For comment, "The Amy Jackson Law - A Look at the Constitutionality of North Carolina's Answer to Megan's Law," see 20 Campbell L. Rev. 347 (1998). For 1997 Legislative Survey, see 20 Campbell L. Rev. 417. For article, "North Carolina v. Bryant: Paving the Way for a Comprehensive National Sex Offender Registry," see 30 N.C. Cent. L. Rev. 75 (2007). For article, "Sex Crimes and Sexual Miscues: The Need for a Clearer Line Between Forcible Rape and Nonconsensual Sex," see 42 Wake Forest L. Rev. 1087 (2007). For article, "The Least of These: A Constitutional Challenge to North Carolina's Sexual Offender Laws and N.C. Gen. Stat. § 14-208.18," see 33 N.C. Cent. L. Rev. 53 (2010). For note, "The Peering Predator: Drone Technology Leaves Children Unprotected from Registered Sex Offenders," see 39 Campbell L. Rev. 167 (2017).