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.

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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 ____________________________ Chief Clerk =========================     ____________________________ Speaker of the House Attest: ____________________________ Chief Clerk ____________________________ President of the Senate Attest: ____________________________ Secretary of the Senate House Bill No. 1060 File No. ____ Chapter No. ______

========================= Received at this Executive Office this _____ day of _____________ , 20____ at ____________ M. By _________________________ for the Governor ========================= The attached Act is hereby approved this ________ day of ______________ , A.D., 20___ ____________________________ Governor ========================= STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________ , 20___ at _________ o'clock __ M. ____________________________ Secretary of State By _________________________ Asst. Secretary of State