ENTITLED, An Act to permit a probationer who is a registered sex offender to reside in an assigned
halfway house or supervised living center within a community safety zone.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-24B-23 be amended to read as follows:
22-24B-23. 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 the residence prior to 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.
An Act to permit a probationer who is a registered sex offender to reside in an assigned halfway
house or supervised living center within a community safety zone.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1060
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1060
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State