Special Conditions of Probation and Sentence in Rhode Island Sex Offense Cases
Special Conditions of Probation and Sentence are often imposed upon a criminal conviction for a sex offense in Rhode Island. Rhode Island criminal law defines what constitutes a sex offense. These offenses include, but are not limited to, child pornography offenses, child molestation, enticement of a minor, transmission of obscene material to a minor, and more.
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Sex Offender Registration Requirements
Defendants convicted of sex offenses in Rhode Island are legally required to comply with sex offender registration requirements. This requires that they periodically check in with the police department in the city or town where they live, work, or attend school, and provide their name, date of birth, other identifying information, address, contact information, and photograph. Failure to register as a sex offender is a separate felony, and is punishable by jail and more time on the sex offender registration. Registered sex offenders must also attend individual and group therapy. In addition to these arduous requirements, sex offenders convicted of certain, computer-based sex crimes must also comply with other terms and conditions, known as Special Conditions of Probation and Sentence.
Role of the Attorney General’s Office
All felonies in Rhode Island are prosecuted by the Attorney General’s Office. This office, in an effort to reduce recidivism, increase supervision of sex offenders, and promote community safety, devised the concept of Special Conditions of Probation and Sentence. The Attorney General’s Office authored the conditions, and memorialized them into a special form that must be signed by defendants when convicted of certain sex crimes and sentenced to a term of probation. These conditions are then expressly incorporated into the defendant’s conditions of probation. Failure to comply with such conditions may result in a probation violation and resulting incarceration.
Scope and Limitations of Special Conditions
While Special Conditions of Probation and Sentence vary slightly from case to case, they generally restrict a convicted sex offender’s contact with minor children; where the defendant may live or work; with whom the defendant may live or work; possession and use of electronic devices; internet use; use of social media and certain mobile applications; and so much more. These conditions also mandate sex offender registration and counseling which is already required by law. Most often the Special Conditions of Probation and Sentence are non-negotiable, and are required of any defendant who is found criminally responsible and sentenced to a child pornography crime, or other child-related, computer-based sex offense such as enticement of a minor or transmitting obscene material to a minor. Any change or modification of the conditions, once signed and embodied into a defendant’s probation, requires the filing of a written motion and a Court Order.
Contact Information for Legal Assistance
If you have been charged with a sex crime and have concerns about Special Conditions of Probation and Sentence, contact Rhode Island Sex Crimes Defense Lawyer, John L. Calcagni III at (401) 351-5100 for a free consultation.