22-24B-19.1 Criteria for removal from registry as Tier II offender.
Criteria for removal from registry as Tier II offender.
To be eligible for removal
from the registry as a Tier II offender, the petitioner shall show, by clear and convincing evidence,
that all of the following criteria have been met:
At least twenty-five years have elapsed since the date the petitioner first registered
pursuant to this chapter;
The crime requiring registration was for:
Incest as defined in § 22-22A-2; or
An out-of-state, federal or court martial offense that is comparable to the elements
of incest as defined in § 22-22A-2; or
Bestiality as set forth in § 22-22-42;
The circumstances surrounding the crime requiring registration did not involve a child
under the age of thirteen;
The petitioner is not a recidivist sex offender;
The petitioner has substantially complied in good faith with the registration and re-registration requirements imposed under chapter 22-24B; and
Petitioner demonstrates to the satisfaction of the court that he or she does not pose a risk
or danger to the community.
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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
twenty-five year calculation, regardless of whether such incarceration or confinement was for the sex
offense requiring registration or for some other offense.
Source: SL 2010, ch 119, § 2.
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