Kansas Statutes 22-4909. Information subject to open records act; website posting; exceptions; nondisclosure of certain information
Terms Used In Kansas Statutes 22-4909
- Conviction: A judgement of guilt against a criminal defendant.
- Drug offender: includes any person who, on or after July 1, 2007:
(1) Is convicted of any of the following crimes:
(A) Unlawful manufacture or attempting such of any controlled substance or controlled substance analog, as defined in Kan. See Kansas Statutes 22-4902
- Employment: means any full-time, part-time, transient, day-labor employment or volunteer work, with or without compensation, for three or more consecutive days or parts of days, or for 10 or more nonconsecutive days in a period of 30 consecutive days. See Kansas Statutes 22-4902
- Offender: means :
(1) A sex offender;
(2) a violent offender;
(3) a drug offender;
(4) any person who has been required to register under out-of-state law or is otherwise required to be registered; and
(5) any person required by court order to register for an offense not otherwise required as provided in the Kansas offender registration act. See Kansas Statutes 22-4902
- Registering law enforcement agency: means the sheriff's office or tribal police department responsible for registering an offender. See Kansas Statutes 22-4902
- Reside: means to stay, sleep or maintain with regularity or temporarily one's person and property in a particular place other than a location where the offender is incarcerated. See Kansas Statutes 22-4902
- Residence: means a particular and definable place where an individual resides. See Kansas Statutes 22-4902
- Sex offender: includes any person who:
(1) On or after April 14, 1994, is convicted of any sexually violent crime;
(2) on or after July 1, 2002, is adjudicated as a juvenile offender for an act which, if committed by an adult, would constitute the commission of a sexually violent crime, unless the court, on the record, finds that the act involved non-forcible sexual conduct, the victim was at least 14 years of age and the offender was not more than four years older than the victim;
(3) has been determined to be a sexually violent predator;
(4) on or after July 1, 1997, is convicted of any of the following crimes when one of the parties involved is less than 18 years of age:
(A) Adultery, as defined in Kan. See Kansas Statutes 22-4902
- Violent offender: includes any person who:
(1) On or after July 1, 1997, is convicted of any of the following crimes:
(A) Capital murder, as defined in Kan. See Kansas Statutes 22-4902
(a) Except as prohibited by subsections (c), (d), (e) and (f) of this section and subsections (f) and (g) of Kan. Stat. Ann. § 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, Kan. Stat. Ann. § 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 Kan. Stat. Ann. § 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.