(a) In any proceeding under this chapter, the state shall have the burden of going forward,
which burden shall be satisfied by the presentation of a prima facie case that justifies
the proposed level of and manner of notification.
(b) For purposes of this section, “prima facie case” means:
(1) The sex offender board of review has engaged in a review and assessment of risk using
materials approved by the parole board as provided by § 11-37.1-6;
(2) Reasonable means have been used to collect the information used in the review and
assessment.
(c) Upon presentation of a prima facie case, the court shall affirm the determination
of the level and nature of the community notification, unless it is persuaded by a
preponderance of the evidence that the determination on either the level of notification
of the manner in which it is proposed to be accomplished is not in compliance with
this chapter or the guidelines adopted pursuant to this chapter.
Nothing in this section shall be construed to prohibit the release of information
pertaining to a person who has been convicted of any of the violations of any offense
listed in § 11-37.1-2, so long as the information has been gathered or obtained through sources other than
the registration process provided by this chapter. Provided further, that nothing
in this section shall be deemed to authorize the release of any information pertaining
to any victim of any offense listed in § 11-37.1-2.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 2006–2023 · leading case:
State v. Germane, 971 A.2d 555 (R.I. 2009).
State v. Germane, 971 A.2d 555 (R.I. 2009).
· cites it 3× “Pursuant to the plain language of § 11-37.1-16, the state bore the initial burden of making out a prima facie case before the Superior Court, whereupon the burden shifted to appellant to rebut the board of review’s classification of his risk *581 level.”
State v. Dennis, 29 A.3d 445 (R.I. 2011).
“In his decision, the magistrate noted that § 11-37.1-16 sets forth the burden of proof and the elements required for a prima facie case in determining whether the board’s classification was justified.”
State v. Cesare Decredico, 291 A.3d 544 (R.I. 2023).
· cites it 16× “The trial justice found that G.L. 1956 § 11-37.1-16 of the Sexual Offender Registration and Community Notification Act (the act) requires the board to use a validated risk-assessment tool, but does not prevent the board from considering other factors in reaching its risk…”
Glen Matteson v. Rhode Island Dep't of Attorney Gen., 266 A.3d 1237 (R.I. 2022).
· cites it 6× “2011) (brackets omitted) (quoting G.L. 1956 § 11-37.1-16(b)). -7- the board did specifically disclose in its Risk Assessment Report dated December 17, 2017, that the other available documentation it utilized in leveling him included “criminal record, police report(s), Offender’s…”
State v. Perez, Pm/2004-4132 (r.I.super. 2006), No. PM/2004-4132 (Sup. Ct. R.I. July 24, 2006).
“A hearing was conducted by the Court in accordance with GL 11-37.1-16 of the Act. Facts and Travel On October 18, 1999, the petitioner entered a plea of Nolo to two charges of Second Degree Sexual Assault, one charge of Third Degree Sexual Assault and one charge of Second Degree…”
R.I. Gen. Laws § 11-37.1-16(a): 2 cases
State v. Germane, 971 A.2d 555 (R.I. 2009).
“Pursuant to the plain language of § 11-37.1-16, the state bore the initial burden of making out a prima facie case before the Superior Court, whereupon the burden shifted to appellant to rebut the board of review’s classification of his risk *581 level.”
State v. Cesare Decredico, 291 A.3d 544 (R.I. 2023).
“The trial justice found that G.L. 1956 § 11-37.1-16 of the Sexual Offender Registration and Community Notification Act (the act) requires the board to use a validated risk-assessment tool, but does not prevent the board from considering other factors in reaching its risk…”
R.I. Gen. Laws § 11-37.1-16(b): 2 cases
State v. Cesare Decredico, 291 A.3d 544 (R.I. 2023).
“The trial justice found that G.L. 1956 § 11-37.1-16 of the Sexual Offender Registration and Community Notification Act (the act) requires the board to use a validated risk-assessment tool, but does not prevent the board from considering other factors in reaching its risk…”
Glen Matteson v. Rhode Island Dep't of Attorney Gen., 266 A.3d 1237 (R.I. 2022).
“2011) (brackets omitted) (quoting G.L. 1956 § 11-37.1-16(b)). -7- the board did specifically disclose in its Risk Assessment Report dated December 17, 2017, that the other available documentation it utilized in leveling him included “criminal record, police report(s), Offender’s…”
R.I. Gen. Laws § 11-37.1-16(b)(1): 1 case
State v. Cesare Decredico, 291 A.3d 544 (R.I. 2023).
“The trial justice found that G.L. 1956 § 11-37.1-16 of the Sexual Offender Registration and Community Notification Act (the act) requires the board to use a validated risk-assessment tool, but does not prevent the board from considering other factors in reaching its risk…”
R.I. Gen. Laws § 11-37.1-16(b)(2): 1 case
State v. Cesare Decredico, 291 A.3d 544 (R.I. 2023).
“The trial justice found that G.L. 1956 § 11-37.1-16 of the Sexual Offender Registration and Community Notification Act (the act) requires the board to use a validated risk-assessment tool, but does not prevent the board from considering other factors in reaching its risk…”
R.I. Gen. Laws § 11-37.1-16(c): 2 cases
Glen Matteson v. Rhode Island Dep't of Attorney Gen., 266 A.3d 1237 (R.I. 2022).
“2011) (brackets omitted) (quoting G.L. 1956 § 11-37.1-16(b)). -7- the board did specifically disclose in its Risk Assessment Report dated December 17, 2017, that the other available documentation it utilized in leveling him included “criminal record, police report(s), Offender’s…”
State v. Cesare Decredico, 291 A.3d 544 (R.I. 2023).
“The trial justice found that G.L. 1956 § 11-37.1-16 of the Sexual Offender Registration and Community Notification Act (the act) requires the board to use a validated risk-assessment tool, but does not prevent the board from considering other factors in reaching its risk…”
R.I. Gen. Laws § 11-37.1-16(e): 1 case
Glen Matteson v. Rhode Island Dep't of Attorney Gen., 266 A.3d 1237 (R.I. 2022).
“2011) (brackets omitted) (quoting G.L. 1956 § 11-37.1-16(b)). -7- the board did specifically disclose in its Risk Assessment Report dated December 17, 2017, that the other available documentation it utilized in leveling him included “criminal record, police report(s), Offender’s…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.