Sec. C-1. 19-A MRSA §1653, sub-§6-A, ¶A, as enacted by PL 2001, c. 665, §4, is amended to read:
A. For the purposes of this section, "child-related sexual offense" means the following sexual offenses if, at the time of the commission of the offense, the victim was under 18 years of age:
(1) Sexual exploitation of a minor, under Title 17 17-A, section 2922 282;
(2) Gross sexual assault, under Title 17-A, section 253;
(3) Sexual abuse of a minor, under Title 17-A, section 254;
(4) Unlawful sexual contact, under former Title 17-A, section 255;
(5) Visual sexual aggression against a child, under Title 17-A, section 256;
(6) Sexual misconduct with a child under 14 years of age, under Title 17-A, section 258; or
(7) An offense in another jurisdiction, including, but not limited to, that of a state, federal, military or tribal court, that includes the essential elements of an offense listed in subparagraph (1), (2), (3), (4), (5) or (6).
Sec. C-2. 30-A MRSA §288, last ¶, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 9, §2 and c. 104, Pt. C, §§8 and 10, is further amended to read:
Therefore district attorneys, their assistants and employees and other law enforcement officials shall refrain from any unnecessary pretrial public disclosure of information that may identify a minor victim of an offense under Title 17, chapter 93-B, Title 17-A, chapter 11 or 12 or Title 17-A, section 556.
Sec. C-3. 30-A MRSA §289, first ¶, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 9, §2 and c. 104, Pt. C, §§8 and 10, is further amended to read:
Unless a written agreement exists between a law enforcement agency and a district attorney concerning primary responsibility for investigating any of the following offenses, the district attorney may direct the investigation of any offense under Title 17, chapter 93-B, and Title 17-A, chapter 11 or 12, or Title 17-A, sections 207, 208 and 556, when a victim may not have attained his the victim's 18th birthday, and may designate, by geographical boundaries or otherwise, a particular law enforcement agency to have primary responsibility for that investigation.
Sec. C-4. 34-A MRSA §11201, as amended by PL 2001, c. 439, Pt. OOO, §6, is further amended to read:
This chapter may be known and cited as the "Sex Offender Registration and Notification Act of 1999." The purpose of this chapter is to protect the public from potentially dangerous sex offenders and sexually violent predators registrants by enhancing access to information concerning sex offenders and sexually violent predators those registrants.
Sec. C-5. 34-A MRSA §11202, as amended by PL 2001, c. 439, Pt. OOO, §7, is repealed and the following enacted in its place:
This chapter applies to a person defined as a 10-year registrant or lifetime registrant who has been sentenced on or after June 30, 1992.
Sec. C-6. 34-A MRSA §11203, sub-§§1-A and 1-B, as enacted by PL 2001, c. 439, Pt. OOO, §8, are amended to read:
1-A. Conditional release. "Conditional release" means supervised release of a sex offender or sexually violent predator registrant from institutional confinement for placement on probation, parole, intensive supervision, supervised community confinement, home release monitoring or release under Title 15, section 104-A or Title 17-A, chapter 50.
1-B. Discharge. "Discharge" means unconditional release and discharge of a sex offender or sexually violent predator registrant from institutional confinement upon the expiration of a sentence or upon discharge under Title 15, section 104-A.
Sec. C-7. 34-A MRSA §11203, sub-§§1-C and 3-A are enacted to read:
1-C. Another state. "Another state" means each of the several states except Maine, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the Northern Mariana Islands.
3-A. Jurisdiction. "Jurisdiction" means the Federal Government, including the military, this State or another state or tribe.
Sec. C-8. 34-A MRSA §11203, sub-§2, as enacted by PL 1999, c. 437, §2, is repealed and the following enacted in its place:
2. Domicile. "Domicile" means the place where a person has that person's established, fixed, permanent or ordinary dwelling place or legal residence to which, whenever the person is absent, the person has the intention of returning. A person may have more than one residence but only one domicile.
Sec. C-9. 34-A MRSA §11203, sub-§4, as enacted by PL 1999, c. 437, §2, is amended to read:
4. Law enforcement agency having jurisdiction. "Law enforcement agency having jurisdiction" means the chief of police in the municipality where a sex offender registrant expects to be or is domiciled. If the municipality does not have a chief of police, "law enforcement agency having jurisdiction" means the sheriff of the county were where the municipality is located. "Law enforcement agency having jurisdiction" also means the sheriff of the county in an unorganized territory.
Sec. C-10. 34-A MRSA §11203, sub-§4-A, as enacted by PL 2001, c. 439, Pt. OOO, §8, is amended to read:
4-A. Risk assessment instrument. "Risk assessment instrument" means an instrument created and modified as necessary by reviewing and analyzing precursors to a sex offense, victim populations of a sex offender or sexually violent predator registrant, living conditions and environment of a sex offender or sexually violent predator registrant and other factors predisposing a person to become a sex offender, repeat sex offender or sexually violent predator registrant, for the ongoing purpose of identifying risk factors used to provide notification of a sex offender's or sexually violent predator's registrant's conditional release or discharge from a state correctional facility to law enforcement agencies and to the public.
Sec. C-11. 34-A MRSA §11203, sub-§§ 4-C and 4-D are enacted to read:
4-C. Registrant. "Registrant" means a 10-year registrant or a lifetime registrant or, when appropriate, both a 10-year registrant and a lifetime registrant.
4-D. Residence. "Residence" means that place or those places, other than a domicile, in which a person may spend time living, residing or dwelling.
Sec. C-12. 34-A MRSA §11203, sub-§5, as amended by PL 2003, c. 371, §1, is further amended to read:
5. Ten-year registrant. "Sex offender Ten-year registrant" means a person who is an adult convicted and sentenced or a juvenile convicted and sentenced as an adult of a sex offense.
Sec. C-13. 34-A MRSA §11203, sub-§6, ¶B, as amended by PL 2001, c. 383, §153 and affected by §156 and amended by c. 439, Pt. OOO, §9, is repealed and the following enacted in its place:
B. A violation under former Title 17, section 2922; former Title 17, section 2923; former Title 17, section 2924; Title 17-A, section 253, subsection 2, paragraph E, F, G, H, I or J; Title 17-A, section 254; former Title 17-A, section 255, subsection 1, paragraph A, E, F, G, I or J; former Title 17-A, section 255, subsection 1, paragraph B or D if the crime was not elevated a class under former Title 17-A, section 255, subsection 3; Title 17-A, section 255-A, subsection 1, paragraph A, B, C, G, I, J, K, L, M, N, Q, R, S or T; Title 17-A, section 256; Title 17-A, section 258; Title 17-A, section 259; Title 17-A, section 282; Title 17-A, section 283; Title 17-A, section 284; Title 17-A, section 301, unless the actor is a parent of the victim; Title 17-A, section 302, unless the actor is a parent of the victim; Title 17-A, section 511, subsection 1, paragraph D; Title 17-A, section 556; Title 17-A, section 852, subsection 1, paragraph B; or Title 17-A, section 855; or
Sec. C-14. 34-A MRSA §11203, sub-§7, ¶A, as amended by PL 2001, c. 553, §3 and affected by §10, is repealed and the following enacted in its place:
A. A conviction for one of the offenses or for an attempt to commit one of the offenses under former Title 17-A, section 252; under Title 17-A, section 253, subsection 1; Title 17-A, section 253, subsection 2, paragraph A, B, C or D; former Title 17-A, section 255, subsection 1, paragraph C or H; former Title 17-A, section 255, subsection 1, paragraph B or D, if the crime was elevated a class under former Title 17-A, section 255, subsection 3; Title 17-A, section 255-A, subsection 1, paragraph D, E, E-1, F, F-1, H, O or P; or
Sec. C-15. 34-A MRSA §11203, sub-§8, as amended by PL 2003, c. 371, §3, is further amended to read:
8. Lifetime registrant. "Sexually violent predator Lifetime registrant" means a person who is an adult convicted and sentenced or a juvenile convicted and sentenced as an adult of a:
A. Sexually violent offense; or
B. Sex offense when the person has a prior conviction for or an attempt to commit an offense that includes the essential elements of a sex offense or sexually violent offense.
Sec. C-16. 34-A MRSA §11203, sub-§9 is enacted to read:
9. Tribe. "Tribe" means the Passamaquoddy Tribe or the Penobscot Nation.
Sec. C-17. 34-A MRSA §11221, sub-§1, ¶¶A and F, as enacted by PL 1999, c. 437, §2, are amended to read:
A. The sex offender's or sexually violent predator's registrant's name, aliases, date of birth, sex, race, height, weight, eye color, mailing address, home address or expected domicile and residence;
F. A description of the offense for which the sex offender or sexually violent predator registrant was convicted, the date of conviction and the sentence imposed; and
Sec. C-18. 34-A MRSA §11221, sub-§2, as enacted by PL 1999, c. 437, §2, is amended to read:
2. National or regional registry. The bureau is authorized to make the registry available to and accept files from a national or regional registry of sex offenders registrants for the purpose of sharing information.
Sec. C-19. 34-A MRSA §11221, sub-§6, as repealed and replaced by PL 2003, c. 371, §6, is amended to read:
6. Distribution of information to department and law enforcement agencies. The bureau shall distribute information described in subsection 1 to the department and law enforcement agencies having jurisdiction over the address and location of the sex offender's or sexually violent predator's registrant's domicile, place of employment and college or school being attended.
Sec. C-20. 34-A MRSA §11221, sub-§§9 and 10, as enacted by PL 2003, c. 371, §7, are amended to read:
9. Public access to information. The bureau shall provide information to the public as follows.
A. The bureau shall post on the Internet for public inspection the following information concerning a sex offender or sexually violent predator registrant:
(1) The sex offender's or sexually violent predator's registrant's name, date of birth and photograph;
(2) The sex offender's or sexually violent predator's registrant's city or town of domicile and residence;
(3) The sex offender's or sexually violent predator's registrant's place of employment and college or school being attended, if applicable, and the corresponding address and location; and
(4) The statutory citation and name of the offense for which the sex offender or sexually violent predator registrant was convicted.
B. Upon receiving a written request that includes the name and date of birth of a sex offender or sexually violent predator registrant, the bureau shall provide the following information concerning a sex offender or sexually violent predator registrant to the requestor:
(1) The sex offender's or sexually violent predator's registrant's name, aliases, date of birth, sex, race, height, weight, eye color, mailing address and home address or domicile and residence;
(2) The sex offender's or sexually violent predator's registrant's place of employment and college or school being attended, if applicable, and the corresponding address and location;
(3) A description of the offense for which the sex offender or sexually violent predator registrant was convicted, the date of conviction and the sentence imposed; and
(4) The sex offender's or sexually violent predator's registrant's photograph.
10. Registrant access to information. Pursuant to Title 16, section 620, the bureau shall provide all information described in subsection 1 to a sex offender or sexually violent predator registrant who requests that person's own information.
Sec. C-21. 34-A MRSA §11222, as amended by PL 2003, c. 371, §§8 to 10, is further amended to read:
1. Determination by court. The court shall determine at the time of sentencing if a defendant is a sex offender 10-year registrant or a sexually violent predator lifetime registrant. A person who the court determines is a sex offender 10-year registrant or a sexually violent predator lifetime registrant shall register according to this subchapter.
1-A. When duty to register must be exercised. Following determination by the court under subsection 1, a sex offender or a sexually violent predator registrant shall register as follows.
A. If the sex offender or sexually violent predator registrant is sentenced to a wholly suspended sentence with probation or to a punishment alternative not involving imprisonment, the duty to register is triggered at the time the person commences an actual execution of the wholly suspended sentence or at the time of sentence imposition when no punishment alternative involving imprisonment is imposed, unless the court orders a stay of execution, in which event the duty is triggered by the termination of the stay.
B. If the sex offender or sexually violent predator registrant is sentenced to a straight term of imprisonment or to a split sentence, the duty to register is triggered by discharge or conditional release.
C. If the sex offender or sexually violent predator registrant is committed under Title 15, section 103, the duty to register is triggered by discharge or conditional release under Title 15, section 104-A.
1-B. Duty to notify law enforcement agency. A registrant who has a duty to register pursuant to this subchapter shall notify the law enforcement agency having jurisdiction in those areas where the registrant resides, works or attends school within 24 hours of becoming a resident or beginning work or attending school. If the location is a municipality with an organized municipal police department, the law enforcement agency having jurisdiction is the municipal police department. If the location is a school having an organized police department, the law enforcement agency having jurisdiction is the campus police department. If the location is neither a municipality nor a school with an organized police department, the law enforcement agency having jurisdiction is the sheriff's department.
2. Responsibility of ensuring initial registration. The department, the county jail or the state mental health institute that has custody of a sex offender or sexually violent predator registrant required to register under this subchapter shall inform the sex offender or sexually violent predator registrant, prior to discharge or conditional release, of the duty to register. If a sex offender or sexually violent predator registrant does not serve a period of institutional confinement, the court shall inform the sex offender or sexually violent predator registrant at the time of sentencing of the duty to register. The department, county jail, state mental health institute or court shall:
A. Inform the sex offender or sexually violent predator registrant of the duty to register and obtain the information required for the initial registration;
A-1. Inform the registrant of the requirement to notify the law enforcement agency having jurisdiction pursuant to subsection 1-B;
B. Inform the sex offender or sexually violent predator registrant that if the sex offender or sexually violent predator registrant changes domicile or changes residence, place of employment or college or school being attended, the sex offender or sexually violent predator registrant shall give the new address to the bureau in writing within 10 days 5 days and shall notify the law enforcement agency having jurisdiction within 24 hours;
C. Inform the sex offender or sexually violent predator registrant that if that sex offender or sexually violent predator registrant changes domicile to another state, the sex offender or sexually violent predator registrant shall register the new address with the bureau and if the new state has a registration requirement, the sex offender or sexually violent predator registrant shall register with a designated law enforcement agency in the new state not later than 10 5 days after establishing domicile in the new state;
D. Inform the sex offender or sexually violent predator registrant that if that sex offender or sexually violent predator registrant has part-time or full-time employment in another state, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year or if that sex offender or sexually violent predator registrant enrolls in any type of school in another state on a part-time or full-time basis, the sex offender or sexually violent predator registrant shall give the bureau the registrant's place of employment or school to be attended in writing within 10 5 days after beginning work or attending school and if the other state has a registration requirement, shall register with the designated law enforcement agency in the other state;
E. Obtain fingerprints and a photograph of the sex offender or sexually violent predator registrant or the court may order the sex offender or sexually violent predator registrant to submit to the taking of fingerprints and a photograph at a specified law enforcement agency within 3 days if the fingerprints and photograph have not already been obtained in connection with the offense that necessitates registration; and
F. Enforce the requirement that the sex offender or sexually violent predator registrant read and sign a form provided by the bureau that states that the duty of the sex offender or sexually violent predator registrant to register under this section has been explained.
2-A. Duty of registrant sentenced from June 30, 1992 to September 17, 1999 to register. Notwithstanding subsection 1 and except as provided in subsection 2-B, a person coming within the definition of a 10-year registrant or lifetime registrant who has been sentenced on or after June 30, 1992 but before September 18, 1999 for a sex offense or a sexually violent offense shall register either as a sex offender 10-year registrant or as a sexually violent predator lifetime registrant, whichever is applicable, with the bureau by September 1, 2002 if the duty to register has been triggered under subsection 1-A, paragraph A, B or C, unless sooner notified in writing of a duty to register under subsection 1-A, paragraph A, B or C by the bureau, the department or a law enforcement officer, in which case the person shall register with the bureau within 10 5 days of notice.
2-B. Duty to register for new crimes. For a person otherwise subject to subsection 2-A who has been sentenced for a crime added by an amendment to the definition of sex offense or sexually violent offense in section 11203 since September 1, 2002, if the duty to register has been triggered under subsection 1-A, paragraph A, B or C, that person shall register as a 10-year registrant or a lifetime registrant, whichever is applicable, with the bureau by June 1, 2005, unless sooner notified in writing of a duty to register under subsection 1-A, paragraph A, B or C by the bureau, the department or a law enforcement officer, in which case the person shall register with the bureau within 5 days of notice.
3. Transfer of initial registration information to bureau and FBI. The department, county jail, state mental health institute or court within 3 days of receipt of the information described in subsection 2 shall forward the information to the bureau. If the court orders the sex offender or sexually violent predator registrant to submit to the taking of fingerprints and a photograph at a specified law enforcement agency, the law enforcement agency shall submit the fingerprints and photograph to the bureau within 3 days. The bureau shall immediately enter the information into the registration system, notify the law enforcement agency having jurisdiction where the sex offender or sexually violent predator registrant expects to be domiciled and transmit the information to the FBI for inclusion in the national FBI sex offender database.
4. Verification. During the period a sex offender or sexually violent predator registrant is required to register, the bureau shall verify a sex offender's or sexually violent predator's registrant's domicile. The bureau shall verify the domicile of a sex offender 10-year registrant on each anniversary of the sex offender's 10-year registrant's initial registration date and shall verify a sexually violent predator's lifetime registrant's domicile every 90 days after that sexually violent predator's lifetime registrant's initial registration date. Verification of the domicile of a sex offender 10-year registrant or sexually violent predator lifetime registrant occurs as set out in this subsection.
A. At least 10 days prior to the required verification date, the bureau shall mail a nonforwardable verification verification form to the last reported mailing address of the sex offender or sexually violent predator registrant.
B. The verification form must state that the sex offender or sexually violent predator registrant still resides at the address last reported to the bureau.
C. The sex offender or sexually violent predator registrant shall take the completed verification form and a photograph to the law enforcement agency having jurisdiction within 10 5 days of receipt of the form.
D. The law enforcement agency having jurisdiction shall verify the sex offender's or sexually violent predator's registrant's identity, have the sex offender or sexually violent predator registrant sign the verification form, take the sex offender's or sexually violent predator's registrant's fingerprints, complete the law enforcement portion of the verification form and immediately forward the fingerprints, photograph and form to the bureau.
5. Change of domicile, residence, place of employment or college or school being attended. A sex offender or sexually violent predator registrant shall notify the bureau in writing of a change of residence, domicile, place of employment or college or school being attended within 10 5 days and shall notify the law enforcement agency having jurisdiction within 24 hours after that change changing that domicile, residence, place of employment or college or school being attended.
A. If the sex offender or sexually violent predator registrant establishes a new domicile, residence, place of employment or college or school being attended in the State, the bureau shall notify, within 3 days, both the law enforcement agency having jurisdiction where the sex offender or sexually violent predator registrant was formerly domiciled, or resided or was employed or enrolled and the law enforcement agency having jurisdiction where the sex offender or sexually violent predator registrant is currently domiciled, residing, employed or enrolled.
B. If the sex offender or sexually violent predator registrant establishes a domicile, residence, place of employment or college or school being attended in another state, the bureau shall notify, within 3 days, the law enforcement agency having jurisdiction where the sex offender or sexually violent predator registrant was formerly domiciled, or resided or was employed or enrolled and the law enforcement agency having jurisdiction where the sex offender or sexually violent predator registrant is currently domiciled, residing, employed or enrolled.
For purposes of registration requirements pursuant to this subchapter, convictions that result from or are connected with the same act or result from offenses committed at the same time are considered as one conviction.
Sec. C-22. 34-A MRSA §§11223 and 11224, as amended by PL 2003, c. 371, §11, are further amended to read:
§11223. Duty of person establishing domicile to register
A person required under another jurisdiction to register pursuant to that jurisdiction's sex offender registration statute or, if not so required, who is has been convicted and sentenced for an offense that includes the essential elements of a sex offense or sexually violent offense that would require registration in this State shall register as a sex offender 10-year registrant or sexually violent predator lifetime registrant, whichever is applicable, within 10 5 days and shall notify the law enforcement agency having jurisdiction with 24 hours of establishing domicile in this State. The person shall contact the bureau, which shall provide the person with the registration form and direct the person to take the form and a photograph of the person to the law enforcement agency having jurisdiction. The law enforcement agency shall supervise the completion of the form, take the person's fingerprints and immediately forward the form, photograph and fingerprints to the bureau.
§11224. Duty of person employed or attending college or school to register
A person who is required under another jurisdiction to register pursuant to that jurisdiction's sex offender registration statute because the person is domiciled in another state or, if not so required, who is has been convicted and sentenced for an offense that includes the essential elements of a sex offense or sexually violent offense that would require registration in this State shall register as a sex offender 10-year registrant or sexually violent predator lifetime registrant, whichever is applicable, within 10 5 days and shall notify the law enforcement agency having jurisdiction with 24 hours of beginning full-time or part-time employment, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year or beginning college or school on a full-time or part-time basis in this State. The person shall contact the bureau, which shall provide the person with a registration form and direct the person to take the form and a photograph of the person to the law enforcement agency having jurisdiction. The law enforcement agency shall supervise the completion of the form, take the person's fingerprints and immediately forward the form, photograph and fingerprints to the bureau.
Sec. C-23. 34-A MRSA §11225, as amended by PL 2001, c. 553, §§7 and 8, is further amended to read:
§11225. Duration of registration
1. Ten-year registrant. A sex offender person coming within the definition of a 10-year registrant shall register for a period of 10 years from the initial date of registration pursuant to this chapter, except that a sex offender 10-year registrant required to register because the sex offender that registrant established a domicile in this State subsequent to being declared a sex offender in required to register pursuant to another state or under another jurisdiction jurisdiction's sex offender registration statute for a period of years other than life shall register for a maximum of 10 years from the date when the sex offender that registrant was first required to register in the other state or under another jurisdiction. A sex offender person coming within the definition of a 10-year registrant who has been sentenced from June 30, 1992 to September 17, 1999 shall register for a period of 10 years, to be calculated as follows.
A. If the sex offender 10-year registrant was sentenced to a wholly suspended sentence with probation or to a punishment alternative not involving imprisonment, the 10-year period is treated as having begun at the time the person commenced an actual execution of the wholly suspended sentence or at the time of sentence imposition when no punishment alternative involving imprisonment was imposed, unless the court ordered a stay of execution, in which event the 10-year period is treated as having begun at the termination of the stay.
B. If the sex offender 10-year registrant was sentenced to a straight term of imprisonment or to a split sentence, the 10-year period is treated as having begun at the time of discharge or conditional release.
C. If the sex offender 10-year registrant was committed under Title 15, section 103, the 10-year period is treated as having begun at the time of discharge or conditional release under Title 15, section 104-A.
D. If the sex offender's 10-year registrant's duty to register has not yet been triggered, the 10-year period will commence upon registration by the person in compliance with section 11222, subsection 1-A, paragraphs paragraph A, B or C.
2. Lifetime registrant. A sexually violent predator person coming within the definition of a lifetime registrant who has been sentenced on or after June 30, 1992 shall register for the duration of the sexually violent predator's that registrant's life.
A person who has established a domicile in this State subsequent to being required to register pursuant to another jurisdiction's sex offender registration statute for a lifetime or who is a person coming within the definition of a lifetime registrant shall register for the duration of the registrant's life.
2-A. Periods when domiciled outside Maine. Notwithstanding subsections 1 and 2, during any period in which the 10-year registrant or lifetime registrant leaves the State, establishes a domicile in another state and remains physically absent from the State the bureau may suspend the requirement that a 10-year registrant or lifetime registrant register.
3. Periods of incarceration or civil confinement. Notwithstanding subsections 1 and 2, the bureau may suspend the requirement that a sex offender 10-year registrant or sexually violent predator lifetime registrant register during periods of incarceration or civil confinement.
4. Relief from duty to register. If the underlying conviction for a sex offense or sexually violent offense is reversed, vacated or set aside, or if the registrant is pardoned for the offense, registration or continued registration as a sex offender 10-year registrant or sexually violent predator lifetime registrant is no longer required.
Sec. C-24. 34-A MRSA §11226, first ¶, as enacted by PL 1999, c. 437, §2, is amended to read:
The bureau may charge a $25 annual fee to persons required to register under this chapter. Sex offenders or sexually violent predators Registrants shall pay the fee at the time of initial registration and shall pay the fee on each anniversary of their initial registration.
Sec. C-25. 34-A MRSA §11227, sub-§§1, 2, 3 and 6, as enacted by PL 2003, c. 452, Pt. S, §1 and affected by Pt. X, §2, are amended to read:
1. Failure to register or update information. A sex offender or sexually violent predator registrant who fails to register or update the information required under this chapter commits a Class D crime.
2. Failure to register or update information; 2nd offense. A sex offender or sexually violent predator registrant who has one prior conviction for failure to register or update the information required under this chapter commits a Class D crime.
3. Failure to register or update information; 3rd or subsequent offense. A sex offender or sexually violent predator registrant who fails to register or update the information required under this chapter when the sex offender or sexually violent predator registrant has 2 or more prior convictions in this State for violation of this chapter commits a Class C crime.
6. Affirmative defense. It is an affirmative defense that the failure to register or update information resulted from just cause, except that sex offenders or sexually violent predators registrants convicted from June 30, 1992 to September 17, 1999 may not raise a defense under just cause that they were not aware of the registration requirement.
Sec. C-26. 34-A MRSA §11253, as enacted by PL 2001, c. 439, Pt. OOO, §15, is amended to read:
The department shall establish and apply a risk assessment instrument to each sex offender and sexually violent predator registrant under its jurisdiction for the purpose of notification to law enforcement agencies and to the public.
Sec. C-27. 34-A MRSA §11254, as amended by PL 2003, c. 371, §13, is further amended to read:
§11254. Mandatory notification of conditional release or discharge of registrants
The department, county jails, state mental health institutes and the Department of Public Safety, State Bureau of Identification are governed by the following notice provisions when a sex offender or sexually violent predator registrant is conditionally released or discharged.
1. Duties. The department, a county jail or a state mental health institute shall give the Department of Public Safety, State Bureau of Identification notice of the following:
A. The address where the sex offender or sexually violent predator registrant will be domiciled and reside;
B. The address where the sex offender or sexually violent predator registrant will work and attend college or school, if applicable;
C. The geographic area to which a sex offender's or sexually violent predator's registrant's conditional release is limited, if any; and
D. The status of the sex offender or sexually violent predator registrant when released as determined by the risk assessment instrument, the offender's or predator's registrant's risk assessment score, a copy of the risk assessment instrument and applicable contact standards for the offender or predator registrant.
2. Duties of the Department of Public Safety, State Bureau of Identification. Upon receipt of the information concerning the conditional release or discharge of a sex offender or sexually violent predator registrant pursuant to subsection 1, the Department of Public Safety, State Bureau of Identification shall forward the information in subsection 1 to all law enforcement agencies that have jurisdiction in those areas where the sex offender or sexually violent predator registrant may be domiciled, reside, work or attend college or school.
Sec. C-28. 34-A MRSA §§11255 and 11256, as enacted by PL 2001, c. 439, Pt. OOO, §15, are amended to read:
1. Department. Upon the conditional release or discharge of a sex offender or sexually violent predator registrant from a state correctional institution, the department shall give notice of the information under section 11254, subsection 1 to members of the public the department determines appropriate to ensure public safety.
2. Law enforcement agencies. Upon receipt of the information concerning the conditional release or discharge of a sex offender or sexually violent predator registrant pursuant to section 11254, subsection 2, a law enforcement agency shall notify members of a municipality that the law enforcement agency determines appropriate to ensure public safety.
§11256. Risk assessment assistance
Upon request, the department shall provide to law enforcement agencies technical assistance concerning risk assessment for purposes of notification to the public of a sex offender's or sexually violent predator's registrant's conditional release or discharge.
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