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22-24B-23Restrictions on residence within community safety zone--Violation as felony.

No 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:

(1)    The person is incarcerated in a jail or prison or other correctional placement which is located within a community safety zone;

(2)    The person is on parole or probation and has been assigned to a halfway house or supervised living center within a community safety zone;

(3)    The person is homeless and has been admitted to a community homeless shelter within a community safety zone by an appropriate community official;

(4)    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;

(5)    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;

(6)    The person established and inhabited the residence as of July 1, 2006;

(7)    The school, public park, public pool, or public playground was built or established subsequent to the person's establishing residence at the location; or

(8)    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.

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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