FOR AN ACT ENTITLED, An Act to revise provisions related to the sex offender registry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 22-24B-19 be amended to read:
    22-24B-19. To be eligible for removal from the registry as a Tier I offender, the petitioner shall show, by clear and convincing evidence, that all of the following criteria have been met:

            (1)    At least ten five years have elapsed since the date the petitioner first registered pursuant to this chapter;

            (2)    The crime requiring registration was for:

            (a)    Statutory rape under subdivision 22-22-1(5), or an attempt to commit statutory rape under subdivision 22-22-1(5), but only if the petitioner was twenty-one years of age or younger at the time the offense was committed or attempted;

            (b)    A juvenile adjudication for a sex crime as defined in subdivision 22-24B-1(1);

            (c)    Sexual contact under § 22-22-7 if the victim was between the ages of thirteen and sixteen and the petitioner was at least three years older than the victim, but

only if the petitioner was twenty-one years of age or younger at the time the offense was committed; or

            (d)    An out-of-state, federal or court martial offense that is comparable to the elements of the crimes listed in (a), (b), or (c);

            (3)    The circumstances surrounding the crime requiring registration did not involve a child under the age of thirteen;

            (4)    The petitioner is not a recidivist sex offender;

            (5)    The petitioner has substantially complied in good faith with the registration and re-registration requirements imposed under chapter 22-24B; and

            (6)    Petitioner demonstrates to the satisfaction of the court that he or she does not pose a risk or danger to the community.

    For purposes of this section, any period of time during which the petitioner was incarcerated or during which the petitioner was confined in a mental health facility does not count toward the ten-year five-year calculation, regardless of whether such incarceration or confinement was for the sex offense requiring registration or for some other offense.