An Act to modify the criteria for removal from the sex offender registry.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 22-24B-19 be AMENDED:

22-24B-19. To be eligible for removal from the registry as a Tier I offender, the petitioner shall must show, by clear and convincing evidence, that all of the following criteria have been met:

(1) At least five ten 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;

(d) Felony use or dissemination of visual recording or photographic device any image or recording without consent under § 22-21-4; or

(e) An out-of-state, federal or court martial offense that is comparable to the elements of the crimes listed in (a), (b), or (c) subsections (2)(a), (2)(b), (2)(c), or (2)(d);

(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 petitioner 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 five-year ten-year calculation, regardless of whether such the incarceration or confinement was for the sex offense requiring registration or for some other offense.

Section 2. That § 22-24B-2.1 be AMENDED:

22-24B-2.1. The sex offender registry shall consist consists of three tiers as provided for in §§ 22-24B-19 to 22-24B-19.2, inclusive. Placement in Tier III requires registrants to register throughout their lifetime. Placement in Tier II requires registrants to register for a minimum of twenty-five years. Placement in Tier I requires registrants to register for a minimum of ten five years.