22-24B-27 Eligibility for exemption from community safety zone restrictions.
Eligibility for exemption from community safety zone restrictions.
To be eligible
for exemption from the community safety zone restrictions, the petitioner shall show, by clear and
convincing evidence, the following:
That at least ten years have elapsed since the date the petitioner was convicted of the
offense that subjected the petitioner to community safety zone restrictions pursuant to
§§ 22-24B-22 to 22-24B-28, inclusive. For purposes of this subdivision, any period of
time during which the petitioner was incarcerated or during which the petitioner was
confined in a mental health facility or during which the petitioner was on probation or
parole supervision does not count toward the ten-year calculation, regardless of whether
such incarceration, confinement or community supervision was for the sex offense
requiring registration or for some other offense;
That the petitioner is not a recidivist sex offender. A recidivist sex offender is a person
who has been convicted or adjudicated for more than one sex crime listed in subdivisions
22-24B-1(1) to (19), inclusive, regardless of when those convictions or adjudications
occurred. For purposes of this subdivision and subdivision (1) of this section, a conviction
or adjudication includes a verdict or plea of guilty; a verdict or plea of guilty but mentally
ill; a plea of nolo contendere; a suspended imposition of sentence granted under § 23A-27-13, regardless of whether it has been discharged; a deferred prosecution agreement
entered by a prosecutor; and a determination made in another state, federal jurisdiction,
or courts martial that is comparable to any of these events;
That the petitioner has completely and truthfully complied with the registration and
reregistration requirements imposed under this chapter;
That the petitioner has actually resided in South Dakota at least ten consecutive years
immediately prior to the filing of the petition. Residence as used in this subdivision does
not mean the registration address of an incarcerated sex offender; and
The circumstances of the crime subjecting the offender to community safety zone
restrictions did not involve a child under age thirteen.
SL 2006, ch 125, § 6.