Sec. OOO-1. 17-A MRSA §15, sub-§1, ¶A, as amended by PL 2001, c. 389, §1, is further amended to read:
A. Any person who the officer has probable cause to believe has committed or is committing:
(1) Murder;
(2) Any Class A, Class B or Class C crime;
(3) Assault while hunting;
(4) Any offense defined in chapter 45;
(5) Assault, criminal threatening, terrorizing or stalking, if the officer reasonably believes that the person may cause injury to others unless immediately arrested;
(5-A) Assault, criminal threatening, terrorizing, stalking, criminal mischief, obstructing the report of a crime or injury or reckless conduct if the officer reasonably believes that the person and the victim are family or household members, as defined in Title 15, section 321;
(6) Theft as defined in section 357, when the value of the services is $1,000 or less if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(7) Forgery, if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(8) Negotiating a worthless instrument if the officer reasonably believes that the person will not be apprehended unless immediately arrested;
(9) A violation of a condition of probation when requested by a probation officer or juvenile caseworker;
(10) Violation of a condition of release in violation of Title 15, section 1026, subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051, subsection 2; and Title 15, section 1092;
(11) Theft involving a detention under Title 17, section 3521;
(12) Harassment, as set forth in section 506-A;
(13) Violation of a protection order, as specified in Title 5, section 4659, subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, subsection 2; former Title 19, section 770, subsection 5; Title 19-A, section 4011, subsection 3; and Title 19-A, section 4012, subsection 5; or
(14) A violation of a sex offender registration provision under Title 34-A, chapter 11 or 13 15; and
Sec. OOO-2. 17-A MRSA §1152, sub-§2-C, as enacted by PL 1995, c. 680, §4, is amended to read:
2-C. As part of a sentence, the court shall order every natural person who is a convicted sex offender or sexually violent predator, as defined under Title 34-A, section 11103 11203 to satisfy all requirements set forth in the Sex Offender Registration and Notification Act of 1999.
Sec. OOO-3. 17-A MRSA §1204, sub-§1-C, as amended by PL 1999, c. 437, §1, is further amended to read:
1-C. The court shall attach as a condition of probation that the convicted sex offender, as defined under Title 34-A, section 11103, satisfy all responsibilities set forth in Title 34-A, chapter 13, the Sex Offender Registration and Notification Act and that the convicted sex offender, as defined under Title 34-A, section 11203, subsection 5, or the convicted sexually violent predator, as defined under Title 34-A, section 11203, subsection 8, satisfy all responsibilities set forth in Title 34-A, chapter 15, the Sex Offender Registration and Notification Act of 1999.
Sec. OOO-4. 17-A MRSA §1252, sub-§4-A, as enacted by PL 1997, c. 460, §5, is amended to read:
4-A. If the State pleads and proves that, at the time any crime, excluding murder, under chapter 9, 11, 13 or 27 was committed, the defendant had been convicted of 2 or more crimes violating chapter 9, 11, 13 or 27 or essentially similar crimes in other jurisdictions, the sentencing class for the crime is one class higher than it would otherwise be. In the case of a Class A crime, the sentencing class is not increased, but the prior record must be given serious consideration by the court when imposing a sentence. For purposes of this subsection, for violations under chapter 11, the dates of the prior convictions may have occurred at any time. For purposes of this subsection, for violations under chapter 9, 13 or 27, the dates of the prior convictions must precede the commission of the offense being enhanced by no more than 10 years, although both prior convictions may have occurred on the same date. This subsection does not apply if the 2 prior offenses were committed within a 3-day period. The date of a conviction is deemed to be the date that sentence is imposed, even though an appeal was taken. The date an offense was committed is presumed to be the date stated in the complaint, information or indictment, notwithstanding the use of the words "on or about" or the equivalent.
Sec. OOO-5. 34-A MRSA cc. 11 and 13, as amended, are repealed.
Sec. OOO-6. 34-A MRSA §11201, as enacted by PL 1999, c. 437, §2, is 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 by enhancing access to information concerning sex offenders and sexually violent predators.
Sec. OOO-7. 34-A MRSA §11202, as enacted by PL 1999, c. 437, §2, is amended to read:
This chapter applies to a person sentenced as a sex offender or a sexually violent predator on or after the effective date of this chapter June 30, 1992.
Sec. OOO-8. 34-A MRSA §11203, sub-§§1-A, 1-B and 4-A are enacted to read:
1-A. Conditional release. "Conditional release" means supervised release of a sex offender or sexually violent predator 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 from institutional confinement upon the expiration of a sentence or upon discharge under Title 15, section 104-A.
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, living conditions and environment of a sex offender or sexually violent predator and other factors predisposing a person to become a sex offender, repeat sex offender or sexually violent predator, for the ongoing purpose of identifying risk factors used to provide notification of a sex offender's or sexually violent predator's conditional release or discharge from a state correctional facility to law enforcement agencies and to the public.
Sec. OOO-9. 34-A MRSA §11203, sub-§6, ¶B, as enacted by PL 1999, c. 437, §2, is amended to read:
B. A violation under Title 17-A, section 253, subsection 2, paragraph E, F, G, H, I or J; Title 17-A, section 254; Title 17-A, section 255, subsection 1, paragraph A, E, F, G, I or J; Title 17-A, section 256; Title 17-A, section 258; Title 17-A, section 259; Title 17-A, section 301, unless the actor is a parent of the victim; Title 17-A, section 302; 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. OOO-10. 34-A MRSA §11203, sub-§8, ¶B, as enacted by PL 1999, c. 437, §2, is amended to read:
B. Sex offense when the person has a prior conviction for which registration is required by this chapter or an attempt to commit an offense that includes the essential elements of a sex offense or sexually violent offense.
Sec. OOO-11. 34-A MRSA §11222, sub-§2-A is enacted to read:
2-A. Sex offenders or sexually violent predators convicted from June 30, 1992 to September 17, 1999. Sex offenders or sexually violent predators convicted from June 30, 1992 to September 17, 1999 shall register with the bureau by September 1, 2002, unless sooner notified of a duty to register by the bureau, the Department of Corrections or a law enforcement officer, in which case the sex offender or sexually violent predator shall register with the bureau within 10 days of notice.
Sec. OOO-12. 34-A MRSA §11225, sub-§1, as enacted by PL 1999, c. 437, §2, is amended to read:
1. Sex offender. A sex offender shall register for a period of 10 years from the initial date of registration pursuant to this chapter, except that a sex offender required to register because the sex offender established a domicile in this State subsequent to being declared a sex offender in another state or under another jurisdiction shall register for a maximum of 10 years from the date when the sex offender was first required to register in the other state or under another jurisdiction. A sex offender or sexually violent predator convicted from June 30, 1992 to September 17, 1999 shall register for 10 years from the date of conviction if the sex offender or sexually violent predator was not sentenced to a period of institutional confinement, or for 10 years from the date of discharge or conditional release if the sex offender or sexually violent predator was sentenced to a period of institutional confinement.
Sec. OOO-13. 34-A MRSA §11227, as enacted by PL 1999, c. 437, §2, is amended to read:
A sex offender or sexually violent predator who fails to register or update the information required under this chapter commits a Class D crime, except that a violation of this section when the sex offender or sexually violent predator has 2 or more prior convictions in this State for violation of this chapter is a Class C crime. For purposes of this section, the dates of both of the prior convictions must precede the commission of the offense being enhanced by no more than 10 years, although both prior convictions may have occurred on the same day. The date of the conviction is deemed to be the date that sentence is imposed, even though an appeal was taken. The date of a commission of a prior offense is deemed to be that stated in the complaint, information or indictment, notwithstanding the use of the words "on or about" or the equivalent. It is an affirmative defense that the failure to register or update information resulted from just cause, except that sex offenders and sexually violent predators 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. OOO-14. 34-A MRSA §11251, as enacted by PL 1999, c. 437, §2, is repealed.
Sec. OOO-15. 34-A MRSA §§11253 to 11256 are enacted to read:
The department shall establish and apply a risk assessment instrument to each sex offender and sexually violent predator under its jurisdiction for the purpose of notification to law enforcement agencies and to the public.
§11254. Mandatory notification of conditional release or discharge of sex offenders
The department 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 is conditionally released or discharged.
1. Duties of the department. The department 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 will reside;
B. The address where the sex offender or sexually violent predator will work, if applicable;
C. The geographic area to which a sex offender's or sexually violent predator's conditional release is limited, if any; and
D. The status of the sex offender or sexually violent predator when released as determined by the risk assessment instrument, the offender's or predator's risk assessment score, a copy of the risk assessment instrument and applicable contact standards for the offender or predator.
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 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 may reside or work.
1. Department. Upon the conditional release or discharge of a sex offender or sexually violent predator 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 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 conditional release or discharge.
Sec. OOO-16. Nonseverability. Notwithstanding the provisions of the Maine Revised Statutes, Title 1, section 71, if any provision of this Act or its application is held invalid, it is the intent of the Legislature that the entire Act is invalidated.
Sec. OOO-17. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Part.
2001-02 2002-03
PUBLIC SAFETY, DEPARTMENT OF
State Police
Positions - Legislative Count (1.000) (2.000)
Personal Services $9,376 $28,801
Appropriates funds for the General Fund share of the costs of one additional Data Entry Specialist position starting on October 1, 2001 and one additional Data Entry Specialist position starting on July 1, 2002. These positions are necessary to process an expanded sex offender registration program.
Sec. OOO-18. Allocation. The following funds are allocated from the Highway Fund to carry out the purposes of this Part.
2001-02 2002-03
PUBLIC SAFETY, DEPARTMENT OF
State Police
Positions - Legislative Count (1.000) (2.000)
Personal Services $14,063 $43,202
Allocates funds for the Highway Fund share of the costs of one additional Data Entry Specialist position starting on October 1, 2001 and one additional Data Entry Specialist position starting on July 1, 2002. These positions are necessary to process an expanded sex offender registration program.
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