22-4909. Information subject to open records act; website posting; exceptions; nondisclosure of certain information. (a) Except as prohibited by subsections (c), (d), (e) and (f) of this section and subsections (f) and (g) of K.S.A. 22-4906, and amendments thereto, the statements or any other information required by the Kansas offender registration act shall be open to inspection by the public at the registering law enforcement agency, at the headquarters of the Kansas bureau of investigation and on any internet website sponsored or created by a registering law enforcement agency or the Kansas bureau of investigation that contains such statements or information, and specifically are subject to the provisions of the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto.
(b) Any information posted on an internet website sponsored or created by a registering law enforcement agency or the Kansas bureau of investigation shall identify, in a prominent manner, whether an offender is a sex offender, a violent offender or a drug offender. Such internet websites shall include the following information for each offender:
(1) Name of the offender, including any aliases;
(2) address of each residence at which the offender resides or will reside and, if the offender does not have any present or expected residence address, other information about where the offender has their home or habitually lives. If current information of this type is not available because the offender is in violation of the requirement to register or cannot be located, the website must so note;
(3) temporary lodging information;
(4) address of any place where the offender is a student or will be a student;
(5) license plate number and a description of any vehicle owned or operated by the offender, including any aircraft or watercraft;
(6) physical description of the offender;
(7) the offense or offenses for which the offender is registered and any other offense for which the offender has been convicted or adjudicated;
(8) a current photograph of the offender; and
(9) all professional licenses, designations and certifications.
(c) Notwithstanding subsection (a), information posted on an internet website sponsored or created by a registering law enforcement agency or the Kansas bureau of investigation shall not contain the address of any place where the offender is an employee or any other information about where the offender works. Such internet website shall contain a statement that employment information is publicly available and may be obtained by contacting the appropriate registering law enforcement agency or by signing up for community notification through the official website of the Kansas bureau of investigation.
(d) Notwithstanding subsection (a), pursuant to a court finding petitioned by the prosecutor, any offender who is required to register pursuant to the Kansas offender registration act, but has been provided a new identity and relocated under the federal witness security program or who has worked as a confidential informant, or is otherwise a protected witness, shall be required to register pursuant to the Kansas offender registration act, but shall not be subject to public registration.
(e) Notwithstanding subsection (a), when a court orders expungement of a conviction or adjudication that requires an offender to register pursuant to the Kansas offender registration act, the registration requirement for such conviction or adjudication does not terminate. Such offender shall be required to continue registering pursuant to the Kansas offender registration act, but shall not be subject to public registration. If a court orders expungement of a conviction or adjudication that requires an offender to register pursuant to the Kansas offender registration act, and the offender has any other conviction or adjudication that requires registration, such offender shall be required to register pursuant to the Kansas offender registration act, and the registration for such other conviction or adjudication shall be open to inspection by the public and shall be subject to the provisions of subsection (a), unless such registration has been ordered restricted pursuant to subsection (f) or (g) of K.S.A. 22-4906, and amendments thereto.
(f) Notwithstanding subsection (a), the following information shall not be disclosed other than to law enforcement agencies:
(1) The name, address, telephone number or any other information which specifically and individually identifies the identity of any victim of a registerable offense;
(2) the social security number of the offender;
(3) the offender's criminal history arrests that did not result in convictions or adjudications;
(4) travel and immigration document numbers of the offender; and
(5) internet identifiers of the offender.
History: L. 1993, ch. 253, § 25; L. 1994, ch. 107, § 7; L. 1997, ch. 181, § 14; L. 2001, ch. 208, § 16; L. 2005, ch. 202, § 2; L. 2006, ch. 214, § 10; L. 2011, ch. 95, § 9; L. 2012, ch. 149, § 8; July 1.
Law Review and Bar Journal References:
"Scarlet Letters, Bilboes and Cable TV: Are Shame Punishments Cruel and Outdated or Are They a Viable Option for American Jurisprudence?" Scott E. Sanders, 37 W.L.J. 359 (1997).
"The State's Response to Sexual Offenders," Carla Stovall, 7 Kan. J.L. & Pub. Pol'y, No. 2, 29, 31 (1998).
"Does Public Access to Sex Offender Registration Information Under the Kansas Sex Offender Registration Act Constitute Cruel and Unusual Punishment? [State v. Scott, 961 P.2d 667 (Kan.1998)]," Marti Paulsen, 38 W.L.J. 727 (1999).
"2001 Legislative Wrap Up," Paul T. Davis, 70 J.K.B.A. No. 7, 14 (2001).
Attorney General's Opinions:
Juvenile offenders; application of Kansas offender registration act and the juvenile offender information system. 97-101.
Requirement for sexual offenders to register; exception for certain acts done prior to July 1, 2001. 2003-20.
CASE ANNOTATIONS
1. Public disclosure provision, as applied to defendant, violates ex post facto prohibition. State v. Myers, 260 Kan. 669, 923 P.2d 1024 (1996).
2. Unrestricted public access to KSORA (K.S.A. 22-4901 et seq.) registration information is grossly disproportionate to crime committed by defendant. State v. Scott, 24 Kan. App. 2d 480, 481, 483, 947 P.2d 466 (1997).
3. Order requiring defendant to register pursuant to KSORA did not constitute ex post facto violation. State v. Hemby, 264 Kan. 542, 543, 553, 957 P.2d 428 (1998).
4. Under facts, application of registration and notification provisions of KSORA (K.S.A. 22-4901 et seq.) did not constitute cruel and unusual punishment. State v. Scott, 265 Kan. 1, 5, 961 P.2d 667 (1998).
5. Disclosure of sex offender information on the internet does not violate offender's statutory or constitutional rights. State v. Stevens, 26 Kan. App. 2d 606, 608, 992 P.2d 1244 (1999).
6. KBI's disclosure over internet of sex offenders not violative of act. State v. Wilkenson, 269 Kan. 603, 9 P.3d 1 (2000).
7. Probation condition requiring defendant to post signs on house and car declaring his sex offender status not authorized. State v. Schad, 41 Kan. App. 2d 805, 206 P.3d 22 (2009).
8. Violent offender registration requirement qualifies as punishment and all supporting facts must be found by a jury, not a judge. State v. Charles, 304 Kan. 158, 178, 372 P.3d 1109 (2016).
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