Noncompliant Offenders Policy

Noncompliant Offenders Policy 1. Pursuant to Miss. Code Ann. § 45-33-33, any offender who fails to personally appear at a driver’s license station or fails to provide any registration information including but not limited to initial registration, re-registration or change of address information, or required notification to a volunteer organization is in violation of the MS Sex Offender Registration Law. Also, any offender who forges information or submits information under false pretenses is in violation of the law. 2. A violation of this chapter is a felony and shall be punishable by a fine not more than $5,000 or imprisonment in the State Penitentiary for not more than five years, or both fine and imprisonment. The offender’s driving privilege in the State of Mississippi is also suspended for noncompliance. 3. Whenever it appears that an offender has failed to comply with the duty to register or reregister, the MSOR will notify the sheriff of the county of the last known residence of the offender in writing. The MSOR also sends a letter to the offender notifying him of the suspension of his driving privilege. 4. Upon receipt of notification from the MSOR, the sheriff shall attempt to locate the offender at his last known address. If the sheriff locates the offender, he shall enforce the provisions of this chapter and notify the MSOR with the current information about the offender. The sheriff has two options: a. For a first time offender, the sheriff has the option of reregistering the offender or initiating criminal prosecution for failure to register or reregister. b. For a subsequent offense, the sheriff shall arrest the offender and initiate criminal prosecution against the offender for failure to register or reregister and enter the offender in the FBI’s wanted persons database (NCIC). 5. Any prosecution of an offender for a violation of this section shall be brought by a prosecutor in the county of that violation.