| Mississippi Megan's
Law and Victim's Rights
Section 26A.
(1) Victims of crime, as defined by law, shall have the right to be treated
with fairness, dignity and respect throughout the criminal justice process; and
to be informed, to be present and to be heard, when authorized by law, during
public hearings.
(2) Nothing in this section shall provide grounds for the accused or
convicted offender to obtain any form of relief nor shall this section impair
the constitutional rights of the accused. Nothing in this section or any
enabling statute shall be construed as creating a cause of action for damages
against the state or any of its agencies, officials, employees or political
subdivisions.
(3) The Legislature shall have the authority to enact substantive and
procedural laws to define, implement, preserve and protect the rights guaranteed
to victims by this section.
| Contact Person: |
Curtis Bass (601)368-1740: Email: MSOR@mdps.state.ms.us |
| Offenders Required to Register: |
Any person residing in this state who has been convicted, acquitted by
reason of insanity or twice adjudicated delinquent for any covered sex offense
or attempted sex offense. |
| Information Collected: |
Name; address; place of employment; crime for which convicted; date and
place of conviction, adjudication or acquittal by reason of insanity; aliases
used; Social Security number date of birth age, race, sex, height, weight and
hair and eye color; description of the offense for which registration is
required; identifying factors such as scars, marks or tattoos; anticipated
future residence; offense history; for sexual predators, documentation of any
treatment received for any mental abnormality or personality disorder of the
person, fingerprints and photograph, if not already obtained; and, a blood
sample; and any other information deemed necessary. |
| Administrating Agency: |
Mississippi Department of Public Safety (MDPS), county sheriff. |
| Timeframe for Registration: |
A person required to register on the basis of a conviction, adjudication of
delinquency or acquittal by reason of insanity entered shall register within
three (3) days of the date of judgment unless the person is immediately confined
or committed, in which case the person shall register when released in
accordance with the procedures established by the department. A person required
to register who is neither incarcerated, detained nor committed at the time the
requirement to register attached must register with his county sheriff within 3
days. An offender moving into Mississippi must notify MDPS 10 days before
residing in a county in this state and must register with MDPS within 10 days of
first residing
in or returning to a county of this state. The offender must
present himself to the sheriff of the county in which he intends to reside to
provide required registration information. A person who is required to register
on the basis of a sex offense for which a conviction, adjudication of
delinquency or acquittal by reason of insanity was entered prior to July 1,
1995, shall register with the sheriff of the county in which he resides no later
than August 15, 2000. |
| Applies to Out of State Offenders: |
Persons convicted in other states or jurisdictions for any of the covered
offenses or an offense that would be considered a covered offense in Mississippi
must register with MDPS upon relocating into the state. Additionally, any
offenders that are required to register in their residence state are required to
register with MDPS upon relocating into Mississippi, even if the offense is not
one of the covered offenses in Mississippi. |
| Duration of Requirement: |
Lifetime. Persons convicted of a few of the covered offenses can petition
after 10 years. The section of law regarding this states: A person having a duty
to register under Section 45-33-25 may petition the circuit court of the
sentencing jurisdiction to be relieved of that duty under the following
conditions:
(a) The offender has maintained his registration in Mississippi for not less
than ten (10) years from the most recent date of occurrence of at least one (1)
of the following: release from prison, placement on parole, supervised release
or probation. Incarceration for any offense will restart the ten-year minimum
registration requirement. Registration in any other jurisdiction or state does
not reduce the ten-year time requirement for maintaining registration in
Mississippi.
(b) If the offender has been convicted of one (1) of the following offenses,
the offender is subject to lifetime registration and shall not be relieved of
the duty to register:
(i) Section 97-3-65 relating to rape;
(ii) Section 97-3-71 relating to rape and assault with intent to ravish;
(iii) Section 97-3-95 relating to sexual battery;
(iv) Subsection (1) or (2) of Section 97-5-33 relating to the exploitation of
children;
(v) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted
child or child of a cohabiting partner; or
(vi) Any conviction for violation of a similar law of another jurisdiction.
(c) An offender who has two (2) separate convictions for any of the offenses
described in Section 45-33-23 is subject to lifetime registration and shall not
be eligible to petition to be relieved of the duty to register as long as at
least one (1) of the convictions was entered on or after July 1, 1995.
(d) An offender who resides in Mississippi and who has been designated a
sexual predator, a sexually violent predator or a similar designation in another
state, is subject to lifetime registration and shall not be eligible to petition
to be relieved of the duty to register. |
| Verification of Address: |
Offenders are required to verify their address every 90 days. MDPS mails
address verification forms to the offender's address which the offender must
complete and return within ten (10) days. Penalties for Non-Compliance: The
failure of an offender to provide any registration or other information,
including, but not limited to, initial registration, re-registration or change
of address information, as required by this chapter, is a violation of the law.
Additionally, forgery of information or submission of information under false
pretenses is also a violation of the law. A violation of this law is considered
a felony and is punishable by a fine of not more than $5,000 or imprisonment in
the State Penitentiary for not more than 5 years, or both fine and imprisonment.
|
| Penalties for Non-Compliance: |
The failure of an offender to provide any registration or other information,
including, but not limited to, initial registration, re-registration or change
of address information, as required by this chapter, is a violation of the law.
Additionally, forgery of information or submission of information under false
pretenses is also a violation of the law. A violation of this law is considered
a felony and is punishable by a fine of not more than $5,000 or imprisonment in
the State Penitentiary for not more than 5 years, or both fine and
imprisonment. |
| Access to Information: |
Information on registered offenders is available on the website: www.sor.mdps.state.ms.us. Information is also maintained at
local law enforcement agencies and the Dept of Public Safety. Information
released includes: Name, address, place of employment, crime for which
convicted, date and place of conviction. Statute also states that any other
information deemed necessary for the protection of the public may be
released. |
| Confidentiality Provision: |
Anyone who uses this information to commit a criminal act against another
person is subject to criminal prosecution. The sale or exchange of sex offender
information for profit is prohibited. Misuse of this information is a
misdemeanor and shall be punished by a fine of not more than One Thousand
Dollars ($1,000.00) or imprisonment in the county jail not more than six (6)
months, or both. |
| Number Registered: |
1,909 |
| Percent Compliance: |
Not known* |
| Internet Access: |
http://www.sor.mdps.state.ms.us/ | |
