22-24B-23 Restrictions on residence within community safety zone--Violation as felony.
Restrictions on residence within community safety zone--Violation as felony.
person who is required to register as a sex offender pursuant to this chapter may establish a residence
or reside within a community safety zone unless:
The person is incarcerated in a jail or prison or other correctional placement which is
located within a community safety zone;
The person is on parole or probation and has been assigned to a halfway house or
supervised living center within a community safety zone;
The person is homeless and has been admitted to a community homeless shelter within
a community safety zone by an appropriate community official;
The person is placed in a health care facility licensed pursuant to chapter 34-12, or
certified under Title XVIII or XIX of the Social Security Act as amended to December 31,
2001, or receiving services from a community service provider accredited or certified by
the Department of Human Services or the Department of Social Services, which is located
within a community safety zone;
The person was under age eighteen at the time of the offense and the offender was not
tried and convicted of the offense as an adult;
The person established and inhabited the residence as of July 1, 2006;
The school, public park, public pool, or public playground was built or established
subsequent to the person's establishing residence at the location; or
The circuit court has entered an order pursuant to § 22-24B-28 exempting the offender
from the provisions of §§ 22-24B-22 to 22-24B-28, inclusive.
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A violation of this section is a Class 6 felony. Any subsequent violation is a Class 5 felony.
Source: SL 2006, ch 125, § 2; SL 2010, ch 120, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 134, eff. Apr.
12, 2011; SL 2012, ch 128, § 1; SL 2018, ch 134, § 2.
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