Tennessee § 40-39-201 - Short title — Legislative findings.

§ 40-39-201. Short title — Legislative findings.

This part shall be known as and may be cited as the “Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004.” The general assembly finds and declares that: Repeat sexual offenders, sexual offenders who use physical violence and sexual offenders who prey on children are violent sexual offenders who present an extreme threat to the public safety. Sexual offenders pose a high risk of engaging in further offenses after release from incarceration or commitment and protection of the public from these offenders is of paramount public interest; It is a compelling and necessary public interest that the public have information concerning persons convicted of sexual offenses collected pursuant to this part, to allow members of the public to adequately protect themselves and their children from these persons; Persons convicted of these sexual offenses have a reduced expectation of privacy because of the public's interest in public safety; In balancing the sexual offender's and violent sexual offender's due process and other rights against the interests of public security, the general assembly finds that releasing information about offenders under the circumstances specified in this part will further the primary governmental interest of protecting vulnerable populations from potential harm; The registration of offenders, utilizing complete and accurate information, along with the public release of specified information concerning offenders, will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems that deal with these offenders; To protect the safety and general welfare of the people of this state, it is necessary to provide for continued registration of offenders and for the public release of specified information regarding offenders. This policy of authorizing the release of necessary and relevant information about offenders to members of the general public is a means of assuring public protection and shall not be construed as punitive; The offender is subject to specified terms and conditions that are implemented at sentencing or, at the time of release from incarceration, that require that those who are financially able must pay specified administrative costs to the appropriate registering agency, which shall retain one hundred dollars ($100) of these costs for the administration of this part and shall be reserved for the purposes authorized by this part at the end of each fiscal year, with the remaining fifty dollars ($50.00) of fees to be remitted to the state treasury to be deposited into the general fund of the state; provided, that a juvenile offender required to register under this part shall not be required to pay the administrative fee until the offender reaches eighteen (18) years of age; and The general assembly also declares, however, that in making information about certain offenders available to the public, the general assembly does not intend that the information be used to inflict retribution or additional punishment on those offenders. Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2008, ch. 1164, § 1; 2011, ch. 483, § 4; 2020, ch. 668, § 3. Compiler's Notes. Acts 2004, ch. 921, § 4 provided that all sexual offenders who were, prior to August 1, 2004, subject to the provisions of title 40, chapter 39, part 1, shall, on and after August 1, 2004, be subject to the provisions of title 40, chapter 39, part 2, created by that act. Acts 2005, ch. 316, § 2, provided that, if the provisions of that act are declared to be invalid, the provisions of title 40, chapter 39, part 1, as such part existed on July 31, 2004, shall be revived and take full force and effect. It is the intent of the General Assembly that, if this act is declared invalid, the prior law shall immediately govern and regulate the registration, verification and tracking of sexual offenders in this state. Amendments. The 2020 amendment substituted “state treasury to be deposited into the general fund of the state” for “Tennessee bureau of investigation’s sex offender registry” in (b)(7). Effective Dates. Acts 2020, ch. 668, § 6. April 2, 2020. Cross-References. Prohibition against residency of registered sexual offenders, § 49-7-162 . Law Reviews. Criminal Law--A Plea of Guilty-A Criminal Defendant's Right to Withdraw a Guilty Plea Before Sentencing (Chris Rowe), 79 Tenn. L. Rev. 669 (2012). Attorney General Opinions. Constitutionality of proposed legislation regarding registration and reporting requirements for sex offenders, OAG 04-069, 2004 Tenn. AG LEXIS 72 (4/21/04). Termination of sexual offender registration and residency requirements, OAG 07-013, 2007 Tenn. AG LEXIS 13 (2/12/07).