Did Louisiana's 2005 sex-offender registration rule cover people released without supervised probation?

Plain-English summary

A state representative asked whether convicted sex offenders released from prison without supervised probation had to comply with Louisiana's registration and notification law. The Attorney General concluded they did. It read the statute's registration language to cover qualifying people residing in Louisiana without making supervised probation a condition.

The opinion also reasoned from the separate duty to notify people of registration when they are released from prison or placed under various forms of supervision. It said that notification provision did not distinguish between release with and without continued supervision. This is a historical account of the 2005 law; the opinion's deadlines and duration rules should not be treated as current.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy.

Common questions

Did release without supervised probation remove the registration duty?

No. The AG concluded the duty applied to people covered by the registration law regardless of whether they received supervised probation after incarceration.

What statutory language did the AG rely on?

It quoted LSA-R.S. 15:542(A)'s rule for covered adults residing in Louisiana and discussed LSA-R.S. 15:542.1(C)'s notice duty on release from prison or placement under supervision.

Did the opinion say notification by corrections officials created the duty?

No. Its analysis treated notice as supporting the reading of a registration duty imposed by the statute itself.

Background and statutory framework

The request sought clarification about Louisiana's Megan's Law as it stood in 2005. The AG quoted the registration provision, noted its application to covered residents, and reasoned that the notice statute's different release and supervision situations did not create an exception for people released without supervised probation. It cited State v. Moore while discussing the notice provision.

Citations

• LSA-R.S. 15:542(A) (registration rule quoted in the opinion).
• LSA-R.S. 15:542.1(C) (notice of registration duty).
• LSA-R.S. 15:542.1(H)(1) (historical registration duration quoted).
• State v. Moore, 2003-16 (La. App. 3 Cir. 5/14/03), 847 So. 2d 53 (cited on notice).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0252

Original opinion text

October 5, 2005
OPINION NO. 05-0252

Mr. Herman Ray Hill
16 CRIMINAL LAW-Crimes & Offenses
State Representative
LSA-R.S. 15:540, et. seq., LSA-R.S. 15:541(14.1),
District 32
LSA-R.S. 15:542, LSA-R.S. 15:542.1, La. C.Cr.P. art. 895
529 Tramel Road
State v. Moore, 2003-16 (La. App. 3 Cir. 5/14/03), 847 So. 2d
Dry Creek, Louisiana 70637 53.

All convicted sex offenders must register their addresses with the appropriate law enforcement agency, including those who are not placed on supervised probation after being released from incarceration.
Dear Mr. Hill:

Your request for an Attorney General Opinion has been forwarded to me for research and reply.

In your request, you asked for clarification regarding whether convicted sex offenders who are released from incarceration, but not placed on supervised probation, must comply with the registration and notification requirements of the Louisiana Megan’s Law, which was codified in LSA-R.S. 15:540, et. seq. For the reasons explained below, it is the opinion of this office that all convicted sex offenders must comply with the registration and notification requirements of the Louisiana Megan’s Law.

Several states have adopted a form of the “Megan’s Law,” which requires convicted sex offenders to register the location of their address with law enforcement so that residents in that area may be notified that a convicted sex offender lives near them. In Louisiana, convicted sex offenders have twenty-one days from the date they establish a residence in Louisiana or twenty-one days after conviction or release from confinement to register with the appropriate law enforcement agency. See LSA-R.S. 15:542(B). This registration must be updated annually on the anniversary of the initial registration. See LSA-R.S. 15:542(C)(1). Also, all convicted sex offenders must send written notice of any changes in address. See LSA-R.S. 15:542(C)(2). All convicted sex offenders have a duty to register “for a period of ten years after the date on which the person was released from prison, placed on parole, supervised release, or probation for a conviction giving rise to the requirement to register.” See LSA- R.S. 15:542.1(H)(1). Convicted sex offenders who are deemed a “sexually

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Herman Ray Hill
OPINION NO. 05-0252
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violent predator” under LSA-R.S. 15:542.1 must register for life. See LSA-R.S. 15:542(H)(2).

According to LSA-R.S. 15:542(A), all convicted sex offenders living within Louisiana must register with law enforcement so that the community can be notified of their presence:

Any adult residing in this state who has pled guilty to, has been convicted of, or where adjudication has been deferred or withheld for the perpetration or attempted perpetration of any sex offense and any juvenile who has been convicted of a sex offense as provided for in Children’s Code Article 857 shall register with the sheriff of the parish of the person’s residence and with the chief of police if the address of the residence is located in an incorporated area which has a police department. If the adult or juvenile resides in a parish with a population in excess of four hundred fifty thousand, he shall register with the police department of his municipality of residence. 1

Because the statute states that any adult residing in this state who has been convicted of a sex offense must register with law enforcement, it does not appear that those who are released from incarceration and placed on unsupervised probation are exempt from this requirement.

Further, LSA-R.S. 15:542.1(C) states that an officer from the Department of Public Safety and Corrections is required to inform convicted sex offenders of their duty to register if that person is being released from prison or placed under parole, supervised release, or probation. See State v. Moore, 2003-16(La. App. 3 Cir. 5/14/03), 847 So. 2d 53, 56.2 This statute regarding the duty to register

1
Louisiana Revised Statute15:541(14.1) lists the following crimes as sex offenses: incest, aggravated incest, crime against nature, aggravated crime against nature, contributing to the delinquency of juveniles, sexual battery to the infirm, video voyeurism, a second or subsequent conviction for voyeurism, aggravated rape, forcible rape, simple rape, sexual battery, second degree sexual battery, oral sexual battery, intentional exposure of AIDS virus, felony carnal knowledge of a juvenile, misdemeanor carnal knowledge of a juvenile, indecent behavior with juveniles, pornography involving juveniles, and molestation of a juvenile. Further, LSA-R.S. 15:541(14.1) states that those convicted of similar sexual offenses in another state or under federal law are also required to register once they move to Louisiana. 2 Louisiana Revised Statute 15:542.1(C) also states that if the sex offender was not placed in the jurisdictional custody of the Department of Public Safety and Corrections, the trial

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Herman Ray Hill
OPINION NO. 05-0252
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does not differentiate between convicted sex offenders who are simply released from prison and those who are released from prison and placed under further supervision. Further, the statute does not differentiate between convicted offenders who are released from prison and placed on supervised or unsupervised probation. Thus, because this statute plainly states that a convicted sex offender who has been released from prison must be notified by an officer from the Department of Public Safety and Corrections, it may be reasonably inferred that convicted sex offenders released from incarceration have a duty to register regardless of whether they were placed on unsupervised probation at the time of their release.

If this office can be of further assistance, please do not hesitate to contact us.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: ____
KRISTI DEASON HAGOOD
ASSISTANT ATTORNEY GENERAL
KDH/jy

court has the duty to notify the convicted sex offender of this duty to register. See also La. C.Cr.P. art. 895(H)(1).

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OPINION NO. 05-0252

16 CRIMINAL LAW – Crimes & Offense
17 LSA-R.S. 15:540, et. seq.
LSA-R.S. 15:541(14.1)
LSA-R.S. 15:542
LSA-R.S. 15:542.1
La. C.Cr.P. art. 895
State v. Moore, 2003-16 (La. App. 3 Cir. 5/14/03), 847 So. 2d 53.

Mr. Herman Ray Hill
State Representative
District 32
529 Tramel Road
Dry Creek, Louisiana 70637

Date received:
Date released: October 5, 2005

KRISTI DEASON HAGOOD
ASSISTANT ATTORNEY GENERAL