Oklahoma Blog: Criminal Law Situations

Across the US, Sex Offender Laws has always been the subject of some very heated debates. Here in Oklahoma there have been some recent changes to our current sex offender laws, but for the most part, it has stayed the same. The Sex Offender Registration Act applies to the following:

• any person residing, working, or attending school within the State of Oklahoma
• who has been convicted or received any probationary term (includes deferred sentences) for certain sex crimes, in the state after November 1, 1989 OR
• who entered the state on or after November 1, 1989, having previously been convicted or received a suspended or deferred sentence for a crime or attempted crime which if committed or attempted in Oklahoma would have been a sex crime
• Sentences rendered outside the Oklahoma judicial system include those from any court of another state, a federal court, an Indian tribal court or a military court.

New Law as of Nov 01, 2008: Registered sex offenders cannot reside within a 2000 ft of a public or private school site, educational institution, playground, park that is established in whole or in part by city, county, state. Federal or tribal government or licensed childcare center as defined by DHS.

Registered sex offenders are required to notify the Department of Corrections and local law enforcement no less than 3 business days prior to abandoning or moving from the address of the previous registration – within 3 days of release or being convicted or receiving a suspended sentence, or 3 days of entering state. Offender must register with local law enforcement where the person resides or intends to reside for 7 consecutive days or longer, must register within 3 days. Failure to register is a felony and carries up to 5 years in prison and/or a $5,000 fine.

Screen tools are used to determine the level of the offender: Level 1 offender register annually for 15 years; Level 2 offenders register semi-annually for twenty-five years and Level 3 offenders register every 90 days for lifetime.

Things that are definitely needed for sex offenders are effective programs while in prison. Our Prisons are limited in treating sex offenders. Jerry Massie, spokesperson for the Department of Corrections in Oklahoma, stated that what is needed is a new building for the programs and salaries totaling $280,000 for employees. We have more than 3,000 sex offenders in our prisons but only enough room to hold up to 55 offenders in the current programs. The programs tend to last anywhere from 12 to 18 months. This means that majority of the offenders will never go through the treatment before being released. Oklahoma is the only state that does not force its sex offenders to undergo treatment, although it can be mandated as part of their probation. (to see video of Mark Bailey talking about sex offender program click link: State Prisons Limited to Treat Sex Offenders

Another current topic is the Adam Walsh Child Protection and Safety Act of 2006, which included in the act, is the requirement for juveniles to be added to the sex offender registry as well. The juvenile Justice System is supposed to be rehabilitative and research shows that there is a very low recidivism rate for juveniles. The Office of Juvenile Affairs maintains a list of juvenile sex offender that is not made public. With the Act of 2006 is requires state’s to register juveniles or otherwise losing vital funding that will only add to the lack of funding for adult programs. Oklahoma has not yet mandated putting juveniles on the list but that could change very soon. Oklahoma must add teens to sex offender list or lose grants

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