The Adam Walsh Child Protection and Safety Act requires that sex offender registration occur before an offender is released from imprisonment or within three days of a non-imprisonment sentence. Changes in registry information must be reported in that time period, as well.
Each sex offender is to provide the following registration information: Name; Social Security number; address or multiple addresses; employer and address; school (if a student) and address; license plate number and description of any vehicle owned or operated by the offender; and any other information required by the attorney general.
Each jurisdiction must include the following information for each offender in the registry: A physical description; the criminal offense; the criminal history of the offender, including dates of arrests and convictions and correctional or release status; a current photograph; fingerprints and palm prints; a DNA sample, a photocopy of a valid driver's license or ID card; and any other information required by the attorney general.
The law defines and requires a three-tier classification system for sex offenders, on which other requirements are based. The tier levels are established as:
- Tier I are those other than a tier II or tier III.
- Tier II are those other than Tier I with an offense punishable by imprisonment for more than one year and comparable to or more severe than the following federal offenses involving a minor: sex trafficking; coercion and enticement; transportation with intent to engage in criminal sexual activity; abusive sexual contact. Also includes any offense involving use of a minor in a sexual performance, solicitation of a minor to practice prostitution, or production or distribution of child pornography.
- Tier III are sex offenses punishable by imprisonment for more than one year and comparable to or more severe than the following federal offenses: sexual abuse or aggravated sexual abuse; abusive sexual contact against a minor less than 13 years old; offense involving kidnapping of a minor (parent or guardian excepted); or any offense that occurs after one has been designated a tier II sex offender.
The law makes further clarifications of a sex offense and offense against a minor.
Regarding juveniles, the act defines a conviction for purposes of registration and classification to include juvenile adjudications if the juvenile offender is at least 14 years of age at the time of the offense and the offense adjudicated is comparable to or more severe than the federal offense aggravated sexual abuse.
The law sets requirements on duration of the registration requirement, according to the classification system. Tier 1 sex offenders are required to register for 15 years; tier II for 25 years and tier III offenders must register for life. Registration periods may be reduced, also according to the tier system, for completing certain programs or having a clean record for specified periods of time.
Registered sex offenders are required to appear in person to verify their address and other registry information and for update of the required photo. Frequency of personal appearance is set according to the tier system. Tier 1 offenders must appear in person each year; tier II offenders every six months; and for tier III sex offenders in-person verification is required every three months.
States are required to have a criminal penalty that includes a maximum term of imprisonment greater than one year for failure of a sex offender to comply with requirements. Assistance by federal law enforcement agencies is available to assist jurisdictions in locating and apprehending sex offenders who abscond from the registration requirement.
The law requires that states make registry information available on the Internet, in readily accessible form and with certain mandatory exemptions. Each state's website must have search capabilities compatible to the National Sex Offender Public Registry. The attorney general is to develop software to enable jurisdictions to establish and operate uniform registries and Internet sites, and states will have one year to implement it after it becomes available. The act also requires prompt sharing of information on registered sex offenders among state, local and federal law enforcement agencies and other entities.