HP1117
LD 1514		 Second Regular Session - 125th Maine Legislature
C "A", Filing Number H-873, Sponsored by
LR 945
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

‘Sec. 1. 5 MRSA §12004-I, sub-§74-G  is enacted to read:

74-G.   
Public Safety Sex Offender Risk Assessment Advisory Commission Not Authorized 17-A MRSA §1401

Sec. 2. 17-A MRSA Pt. 5  is enacted to read:

PART 5

RISK ASSESSMENT OF SEX OFFENDERS

CHAPTER 57

SEX OFFENDER RISK ASSESSMENT ADVISORY COMMISSION

§ 1401.  Establishment

The Sex Offender Risk Assessment Advisory Commission, referred to in this chapter as "the commission," established by Title 5, section 12004-I, subsection 74-G, is created for the purpose of conducting a continuing study of methods that may be used to predict the risk of recidivism by a sex offender and to develop a method that may be used for such purposes. For purposes of this chapter, "sex offender" has the same meaning as "offender" in Title 34-A, section 11273, subsection 10.

§ 1402.  Membership; terms; vacancies

1.  Composition; qualifications.   The commission is composed of 7 members, appointed by the Attorney General. The members may be qualified by reason of their expertise in sex offender matters, including but not limited to risk assessment methods, corrections, sex offender law and the prosecution or defense of sex offender crimes.
2.  Terms.   Members of the commission serve for a term of 2 years and may be reappointed. Members continue to serve until their replacements are designated.
3.  Vacancy.   In the event of the death or resignation of a member, the Attorney General shall appoint a member to complete the unexpired term.

§ 1403.  Duties; powers

1.  Development of risk assessment.   The commission shall:
A.  Develop a plausible risk assessment method for reviewing and analyzing precursors to the commission of a sex offense, victim populations of sex offenders, living conditions and environment of a registrant or a sex offender and other factors predisposing a person to become a registrant or a sex offender and for the ongoing purpose of identifying risk factors;
B.  Continue to evaluate the plausibility, implementation and application of sex offender risk assessments; and
C.  Consult with experts in the field of sex offender matters, including but not limited to state or federal agencies, courts, correctional facilities, organizations whose affairs pertain to sex offender matters and other interested parties as the commission determines necessary.
2.  Recommendations.   The commission may submit to the Legislature, at the start of each legislative session, recommendations regarding a sex offender risk assessment method. The commission may also make recommendations regarding sex offender risk assessment to agencies of the executive branch, the judicial branch and the Legislature or to any other entity the commission determines appropriate.

For purposes of this section, "registrant" has the same meaning as in Title 34-A, section 11273, subsection 11.

§ 1404.  Organization; meetings

The Attorney General shall notify all members of the commission of the time and place of the first meeting of the commission. At that meeting, the commission shall elect a chair, vice-chair and secretary-treasurer and adopt provisions regarding the administration of the commission and its affairs. The commission may meet as frequently as the commission determines necessary.

§ 1405.  Expenses

Members of the commission may not be compensated for expenses incurred or related to the activities of the commission.

Sec. 3. 34-A MRSA c. 17  is enacted to read:

CHAPTER 17

SEX OFFENDER REGISTRATION AND NOTIFICATION ACT OF 2013

SUBCHAPTER 1

GENERAL PROVISIONS

§ 11271.  Short title

This chapter may be known and cited as "the Sex Offender Registration and Notification Act of 2013." The purpose of this chapter is to protect the public from potentially dangerous registrants and offenders by enhancing access to information concerning those registrants and offenders.

§ 11272.  Application

This chapter applies to:

1.  Maine.   A person who commits criminal conduct and is sentenced in this State on or after January 1, 2013 as an adult or as a juvenile sentenced as an adult for that criminal conduct and that criminal conduct is a Tier I offense, Tier II offense or Tier III offense; and
2.  Other jurisdictions.   A person who commits criminal conduct and is sentenced in another jurisdiction for that criminal conduct on or after January 1, 2013 as an adult or as a juvenile sentenced as an adult:
A.  For an offense that requires registration in the jurisdiction of conviction pursuant to that jurisdiction's sex offender registration laws or that would have required registration had the person remained there;
B.  For an offense that contains the essential elements of a Tier I offense, Tier II offense or Tier III offense; or
C.  For a military, tribal or federal offense requiring registration pursuant to:

(1) The federal Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, also known as the Jacob Wetterling Act, Section 170101 of the federal Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322, as amended; or

(2) The federal Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 United States Code, Chapter 151.

§ 11273.  Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.  Another state.   "Another state" means each of the several states except Maine, and includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Mariana Islands.
2.  Bureau.   "Bureau" means the Department of Public Safety, Bureau of State Police, State Bureau of Identification.
3.  Conditional release.   "Conditional release" means supervised release of a registrant or an offender from institutional confinement for placement on probation, parole, intensive supervision, supervised release for sex offenders, supervised community confinement, home release monitoring or release under Title 15, section 104-A or Title 17-A, chapter 54-G.
4.  Discharge.   "Discharge" means unconditional release and discharge of a registrant from institutional confinement upon the expiration of a sentence or upon discharge under Title 15, section 104-A.
5.  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.
6.  FBI.   "FBI" means the Federal Bureau of Investigation.
7.  Jurisdiction.   "Jurisdiction" means the Federal Government, including the military, this State, another state or a tribe.
8.  Law enforcement agency having jurisdiction.   "Law enforcement agency having jurisdiction" means the chief of police in the municipality where a registrant or an offender 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 where the municipality is located. "Law enforcement agency having jurisdiction" also means the sheriff of the county in an unorganized territory.
9.  Motor vehicle.   "Motor vehicle" means a vehicle that is required to be registered pursuant to Title 29-A, section 351.
10.  Offender.   "Offender" means a person to whom this chapter applies pursuant to section 11272.
11.  Registrant.   "Registrant" means a Tier I registrant, Tier II registrant or Tier III registrant.
12.  Residence.   "Residence" means that place or those places, other than a domicile, in which a person may spend time living, residing or dwelling. Proof that an offender has lived in the State for 14 days continuously or an aggregate of 30 days within a period of one year gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person has established a residence for the purposes of registration requirements imposed by this chapter.
13.  Sentence.   "Sentence," in addition to any punishment alternatives, includes an involuntary commitment under Title 15, section 103, or similar statute from another jurisdiction, following a verdict of not criminally responsible by reason of insanity or similar verdict in another jurisdiction.
14.  Tier I offense.   "Tier I offense" means a conviction for a Class E or Class D crime under the following or for an attempt, solicitation or conspiracy to commit a Class E, Class D or Class C crime under the following if the victim was less than 18 years of age at the time of the criminal conduct unless otherwise specified:
A.  Title 17-A, chapter 11 including the following:

(1) Title 17-A, section 255-A, subsection 1, paragraph C, regardless of the age of the victim;

(2) Title 17-A, section 255-A, subsection 1, paragraph F-2, regardless of the age of the victim;

(3) Title 17-A, section 255-A, subsection 1, paragraph G, regardless of the age of the victim;

(4) Title 17-A, section 255-A, subsection 1, paragraph Q, regardless of the age of the victim;

(5) Title 17-A, section 255-A, subsection 1, paragraph W, regardless of the age of the victim; and

(6) Title 17-A, section 255-A, subsection 1, paragraph X, regardless of the age of the victim;

B.  Title 17-A, chapter 12;
C.  Title 17-A, section 511, subsection 1, paragraph D, regardless of the age of the victim;
D.  Title 17-A, section 556, subsection 1, paragraph A, regardless of the age of the victim;
E.  Title 17-A, section 855, subsection 1, paragraph A; and
F.  A military, tribal or federal offense requiring registration pursuant to the federal Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 United States Code, Chapter 151.

If, pursuant to another jurisdiction's sex offender registration statute, the registration period is a period of up to 10 years or if the sex offender was not required to register in that other jurisdiction but the crime includes the essential elements of an offense included in this subsection, the crime is a Tier I offense.

"Tier I offense" does not include unlawful sexual contact under Title 17-A, section 255-A, subsection 1, paragraph U or unlawful sexual touching under Title 17-A, section 260.

15.  Tier II offense.   "Tier II offense" means a conviction for a Class C crime under the following, or for an attempt, solicitation or conspiracy to commit a Class B crime under the following, if the victim was less than 18 years of age at the time of the criminal conduct unless otherwise specified:
A.  Title 17-A, chapter 11 including the following:

(1) Title 17-A, section 253, subsection 2, paragraph J, if the victim had attained 18 years of age at the time of the offense;

(2) Title 17-A, section 253, subsection 2, paragraph K, regardless of the age of the victim;

(3) Title 17-A, section 253, subsection 2, paragraph L, regardless of the age of the victim;

(4) Title 17-A, section 255-A, subsection 1, paragraph J, regardless of the age of the victim;

(5) Title 17-A, section 255-A, subsection 1, paragraph R-1, regardless of the age of the victim;

(6) Title 17-A, section 255-A, subsection 1, paragraph R-2, regardless of the age of the victim; and

(7) Title 17-A, section 258, subsection 1-A, if the victim had not attained 12 years of age;

B.  Title 17-A, chapter 12;
C.  Title 17-A, section 855, subsection 1, paragraph B; and
D.  A military, tribal or federal offense requiring registration pursuant to the federal Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 United States Code, Chapter 151.

If, pursuant to another jurisdiction's sex offender registration statute, the registration period is a period of more than 10 years but less than 26 years or if the sex offender was not required to register in that other jurisdiction but the crime includes the essential elements of an offense included in this subsection, the crime is a Tier II offense.

"Tier II offense" does not include unlawful sexual contact under Title 17-A, section 255-A, subsection 1, paragraph V or unlawful sexual touching under Title 17-A, section 260.

16.  Tier III offense.   "Tier III offense" means a conviction for a Class B or Class A crime under the following or for an attempt, solicitation or conspiracy to commit a Class A crime under the following:
A.  Title 17-A, chapter 11;
B.  Title 17-A, chapter 12;
C.  Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3);
D.  Title 17-A, section 852, subsection 1; and
E.  A military, tribal or federal offense requiring registration pursuant to the federal Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 United States Code, Chapter 151.

If, pursuant to another jurisdiction's sex offender registration statute, the registration period is a period of more than 25 years or if the sex offender was not required to register in that other jurisdiction but the crime includes the essential elements of an offense included in this subsection, the crime is a Tier III offense.

17.  Tier I registrant.   "Tier I registrant" means a person who is an adult convicted and sentenced or a juvenile convicted and sentenced as an adult for a Tier I offense.
18.  Tier II registrant.   "Tier II registrant" means a person who is an adult convicted and sentenced or a juvenile convicted and sentenced as an adult for a Tier II offense.
19.  Tier III registrant.   "Tier III registrant" means a person who is an adult convicted and sentenced or a juvenile convicted and sentenced as an adult for a Tier III offense or as provided for under section 11285, subsection 7.
20.  Tribe.   "Tribe" means the Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band of Maliseet Indians.

§ 11274.  Rulemaking

The bureau may adopt rules necessary to implement this chapter. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.

SUBCHAPTER 2

SEX OFFENDER REGISTRATION

§ 11281.  Maintenance of sex offender registry

1.  Maintenance of registry.   The bureau shall establish and maintain a registry of persons required to register pursuant to this subchapter, referred to in this section as "the registry." The registry must include the following information on each registrant:
A.  The registrant's name, aliases, date of birth, sex, race, height, weight, eye color, land line and cellular telephone numbers, Internet identifiers, mailing address and physical location of expected domicile and residence. For purposes of this paragraph, "Internet identifiers" means e-mail addresses and other designations used for self-identification or routing in Internet communication or posting;
B.  Place of employment and college or school being attended, if applicable, and the corresponding mailing address and physical location;
C.  Offense history;
D.  A current photograph and set of fingerprints;
E.  A description of the offense for which the registrant was convicted, the date of conviction and the sentence imposed;
F.  Whether the registrant is a Tier I registrant, Tier II registrant or Tier III registrant;
G.  A copy of any driver's license information and copy of the driver's license;
H.  A copy of any professional license;
I.  Passport and immigration documents and social security number;
J.  Temporary lodging and dates of travel;
K.  Information about motor vehicles owned, leased or used and registration and location of those motor vehicles. For purposes of this paragraph, "lease" means a transfer of the right to possession and use of a motor vehicle for a term of 30 days or more in return for consideration; and
L.  Any other information the bureau determines important.
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 registrants for the purpose of sharing information.
3.  Registration form.   The bureau shall develop a standardized registration form to be made available to the appropriate reporting authorities and persons required to register.
4.  Verification form.   The bureau shall develop and mail a nonforwardable verification form to the last reported mailing address of each person required to meet the verification requirements of this chapter.
5.  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 mailing address and physical location of the registrant's domicile, residence, place of employment and college or school being attended, if applicable.
6.  Criminal justice agency access to information.   The bureau shall provide access to the information described in subsection 1 to criminal justice agencies. For purposes of this subsection, "criminal justice agency" has the same meaning as in Title 16, section 611, subsection 4.
7.  Public access to registrant 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 registrant who is a Tier I registrant, Tier II registrant or Tier III registrant:

(1) The registrant's name, aliases and date of birth and a current photograph;

(2) The registrant's city or town of domicile and residence;

(3) The registrant's place of employment and college or school being attended, if applicable, and the corresponding mailing address and physical location;

(4) The statutory citation and name of the offense for which the registrant was convicted;

(5) Whether the registrant is a Tier I registrant, a Tier II registrant or a Tier III registrant;

(6) Verification requirements and date of last verification; and

(7) The registrant's address and its location on a map.

B.  The bureau shall establish an e-mail notification system to alert a member of the public who has subscribed annually to the e-mail notification system when a registrant moves into the subscriber's geographic area.
C.  Upon receiving a written request that includes the name and date of birth of a registrant, the bureau shall provide the following information concerning a registrant to the requestor:

(1) The registrant's name, aliases, date of birth, sex, race, height, weight, eye color, mailing address and physical location of domicile and residence;

(2) The registrant's place of employment and college or school being attended, if applicable, and the corresponding mailing address and physical location;

(3) A description of the offense for which the registrant was convicted, the date of conviction and the sentence imposed; and

(4) The registrant's photograph.

8.  Registrant access to information.   The bureau shall provide all information described in subsection 1 to a registrant who requests that person's own information.
9.  Registry information.   Registry information created, collected or maintained by the bureau, including, but not limited to, information relating to the identity of persons accessing the registry, is confidential except information provided to the public pursuant to subsection 7.
10.  Maintenance by bureau.   Only the bureau is authorized to maintain a sex offender registry on the Internet for purposes of public access.
11.  Law enforcement agency website.   Notwithstanding subsection 10, a law enforcement agency may maintain its own sex offender website and may make that information available for use by the public if:
A.  A notice is prominently posted on the website that expressly states that the website is not the official state sex offender registry under subsection 7, paragraph A and that the law enforcement agency posting the website is solely responsible for the website's content;
B.  The website provides a link to the bureau's Internet sex offender registry under subsection 7, paragraph A;
C.  The website contains information regarding only registrants who are domiciled, reside, attend college or school or work within the posting law enforcement agency's jurisdiction; and
D.  The information on the website is updated by the law enforcement agency as frequently as available resources permit, but no less often than every 7 days. The law enforcement agency shall also prominently post on the website the date and time of the most recent update to the website.
12.  Access to registrant information existing in electronic form restricted.   Notwithstanding Title 1, chapter 13:
A.  Except for information provided pursuant to subsection 2 and made available to the public through the bureau's website pursuant to subsection 7, paragraph A, the bureau may not disseminate in electronic form information about a registrant that is created, collected or maintained in electronic form by or for the bureau; and
B.  Except for information made available to the public through a website maintained by a law enforcement agency pursuant to subsection 11, a law enforcement agency may not disseminate in electronic form information about a registrant that is collected or maintained in electronic form by or for that law enforcement agency.

§ 11282.  Duty of offender to register

1.  Notification by court, department, bureau or law enforcement agency.   An offender has a duty to register under this chapter after notification has been given to the offender by a court of jurisdiction, the department, the bureau or a law enforcement agency. The court shall notify the offender at the time of sentence of the duty to register pursuant to this chapter. Notification of the duty to register under this chapter also may be given to the offender at any time after the imposition of sentence.

At any time, the bureau may correct the term of a registration erroneously assigned to an offender or registrant. In such instances, the bureau shall notify the offender or registrant, the district attorney and the court in the jurisdiction where the conviction occurred and the law enforcement agency having jurisdiction where the offender or registrant is domiciled, resides, is employed or attends college or school, if applicable.

2.  When duty to register must be exercised.   Following notification by a court, the department, the bureau or a law enforcement agency under subsection 1, an offender shall register as follows.
A.  If the offender is sentenced to a wholly suspended sentence with probation or administrative release, or to a punishment alternative not involving imprisonment, the duty to register is triggered at the time the person commences in 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 offender 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 offender is committed under Title 15, section 103, the duty to register is triggered by discharge or conditional release under Title 15, section 104-A.
D.  If the events stated in paragraphs A to C have passed, an offender must register within 3 days after having received notice of that duty from a court, the department, the bureau or a law enforcement agency.
E.  Proof that the name and date of birth of the person notified of the duty to register pursuant to this chapter are the same as those of a person who has been found not guilty by reason of insanity or convicted of an offense requiring registration pursuant to this chapter gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person notified of the duty to register is the same person as that person convicted of the offense requiring registration.
3.  Duty to notify law enforcement agency.   An offender shall notify the law enforcement agency having jurisdiction in those areas where the offender is domiciled, resides, works or attends school within 24 hours of becoming a domiciliary or 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.
4.  Responsibility of ensuring initial registration.   The department, the county jail or the state mental health institute that has custody of an offender shall inform the offender, prior to discharge or conditional release, of the duty to register. If an offender does not serve a period of institutional confinement, the court shall inform the offender at the time of sentencing of the duty to register. The department, county jail, state mental health institute or court shall:
A.  Inform the offender of the duty to register and obtain the information required for the initial registration;
B.  Inform the offender of the requirement to notify the law enforcement agency having jurisdiction pursuant to subsection 3;
C.  Inform the offender that if the offender changes domicile or changes residence, place of employment or college or school being attended, the offender shall give the new address to the bureau in writing within 3 days and shall notify the law enforcement agency having jurisdiction within 24 hours;
D.  Inform the offender that if that offender changes domicile to another jurisdiction, the offender shall register the new address with the bureau and if the new jurisdiction has a registration requirement, the offender shall register with a designated law enforcement agency in the new state not later than 3 days after establishing domicile in the new state;
E.  Inform the offender that if that offender 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 offender enrolls in any type of school in another state on a part-time or full-time basis, the offender shall give the bureau the offender's place of employment or school to be attended in writing within 3 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;
F.  Obtain fingerprints and a current photograph of the offender. The court may order the offender 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
G.  Enforce the requirement that the offender read and sign a form provided by the bureau that states that the duty of the offender to register under this section has been explained.
5.  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 4 shall forward the information to the bureau. If the court orders the offender 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 agencies having jurisdiction where the offender expects to be domiciled and reside and transmit the information to the FBI for inclusion in the national FBI sex offender database.
6.  Verification.   During the period a registrant is required to register, the bureau shall require the registrant to verify all registration information. The following provisions govern the verification of registration information.
A.  At least 10 days prior to the required verification date, the bureau shall mail a nonforwardable verification form to the last reported mailing address of the registrant. The verification form is deemed received 3 days after mailing unless returned by postal authorities.
B.  The registrant shall bring the completed verification form and a current photograph of the registrant to the law enforcement agency having jurisdiction within 5 days of receipt of the form.
C.  The law enforcement agency having jurisdiction shall verify the registrant's identity, have the registrant sign the verification form, take the registrant's fingerprints, complete the law enforcement portion of the verification form and immediately forward the fingerprints, photograph and form to the bureau.
7.  Frequency of verification.   The frequency of in-person verification of registration information is dependent upon the registrant's tier classification as follows.
A.  A Tier III registrant shall register for the duration of the registrant's life and shall verify registration information every 90 days after the registrant's initial registration date.
B.  A Tier II registrant shall register for 25 years and shall verify registration information every 180 days after the registrant's initial registration date.
C.  A Tier I registrant shall register for 10 years and shall verify registration information annually after the registrant's initial registration date.
8.  Change of domicile, residence, place of employment or college or school being attended.   An offender or registrant shall notify the bureau in writing of a change of residence, domicile, place of employment or college or school being attended within 3 days and shall notify the law enforcement agency having jurisdiction within 24 hours after changing that domicile, residence, place of employment or college or school being attended.
A.  If the offender or 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 offender or registrant was formerly domiciled or resided or was employed or enrolled and the law enforcement agency having jurisdiction where the offender or registrant is currently domiciled, residing, employed or enrolled.
B.  If the offender or 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 offender or registrant was formerly domiciled or resided or was employed or enrolled and the law enforcement agency having jurisdiction where the offender or registrant is currently domiciled, residing, employed or enrolled.

§ 11283.  Duty of person establishing domicile or residence in this State to register

A person who has been sentenced for a military, tribal or federal offense requiring registration pursuant to the federal Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 United States Code, Chapter 151 or in a jurisdiction other than this State who is required under that jurisdiction to register pursuant to that jurisdiction's sex offender registration statute or would have been required to register if the person had remained in the jurisdiction or, if not so required, who has been sentenced for an offense that includes the essential elements of a Tier I, Tier II or Tier III offense shall register as a Tier I registrant, a Tier II registrant or a Tier III registrant, whichever is applicable, within 3 days and shall notify the law enforcement agency having jurisdiction within 24 hours of establishing domicile or residence 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 current 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.

§ 11284.  Duty of person employed or attending college or school in this State to register

The following provisions govern registration duties for a person not domiciled or residing in this State but who is employed or attending college or school in this State.

1.  Time.   A person who has been sentenced for a military, tribal or federal offense requiring registration pursuant to the federal Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 United States Code, Chapter 151 or in a jurisdiction other than this State and who is required under that jurisdiction to register pursuant to that jurisdiction's sex offender registration statute or would have been required to register if the person had remained in that jurisdiction or, if not so required, who has been sentenced for an offense that includes the essential elements of a Tier I, Tier II or Tier III offense shall register as a Tier I registrant, a Tier II registrant or a Tier III registrant, whichever is applicable, within 3 days and shall notify the law enforcement agency having jurisdiction:
A.  Within 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 in this State; or
B.  Within 24 hours of beginning college or school on a full-time or part-time basis in this State.
2.  Process for notifying bureau.   The person under subsection 1 shall contact the bureau, which shall provide the person with a registration form and direct the person to take the form and a current 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.

§ 11285.  Duration of registration

The following provisions govern the duration of registration.

1.  Offender convicted and sentenced in State for Tier I offense.   An offender convicted and sentenced in this State for a Tier I offense shall register for a period of 10 years. The 10-year period commences from the date the person in fact initially registers once the legal duty arises under section 11282, subsection 2.
2.  Offender convicted and sentenced in another jurisdiction for Tier I offense.   An offender convicted and sentenced in another jurisdiction and required to register in this State pursuant to section 11283 or 11284 shall register for a period of 10 years or as provided in subsection 7. The following provisions apply.
A.  A Tier I registrant shall register in this State for a period of 10 years if, pursuant to the other jurisdiction's sex offender registration statute, the registration period is for a period of no more than 10 years. The 10-year period commences from the date the person in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284. However, the Tier I registrant may receive day-for-day credit for the time actually registered pursuant to the other jurisdiction's sex offender registration statute prior to registering in this State upon applying to the bureau for credit. The bureau may grant credit if the registrant provides sufficient documentation in accordance with any rules adopted by the bureau.
B.  A Tier I registrant shall register for a period of 10 years if registration was not required in that other jurisdiction and the person has been sentenced in that jurisdiction for a crime that includes the essential elements of a Tier I offense. The 10-year period commences from the date the person in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284. However, the Tier I registrant may receive day-for-day credit from the time of sentencing in the other jurisdiction to when the offender in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284 and upon applying to the bureau for credit. The bureau may grant credit if the registrant provides sufficient documentation in accordance with any rules adopted by the bureau.
3.  Offender convicted and sentenced in State for Tier II offense.   An offender convicted and sentenced in this State for a Tier II offense shall register for a period of 25 years. The 25-year period commences from the date the person in fact initially registers once the legal duty arises under section 11282, subsection 2.
4.  Offender convicted and sentenced in another jurisdiction for Tier II offense.   An offender convicted and sentenced in another jurisdiction and required to register in this State pursuant to section 11283 or 11284 shall register for a period of 25 years. The following provisions apply.
A.  A Tier II registrant shall register in this State for a period of 25 years if, pursuant to the other jurisdiction's sex offender registration statute, the registration period is for a period of more than 10 years and no more than 25 years. The 25-year period commences from the date the person in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284. However, the Tier II registrant may receive day-for-day credit for the time actually registered pursuant to the other jurisdiction's sex offender registration statute prior to registering in this State upon applying to the bureau for credit. The bureau may grant credit if the registrant provides sufficient documentation in accordance with rules adopted by the bureau.
B.  A Tier II registrant shall register for a period of 25 years if registration was not required in that other jurisdiction and the person has been sentenced in that jurisdiction for a crime that includes the essential elements of a Tier II offense. The 25-year period commences from the date the person in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284. However, the Tier II registrant may receive day-for-day credit from the time of sentencing in the other jurisdiction to when the offender in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284 and upon applying to the bureau for credit. The bureau may grant credit if the registrant provides sufficient documentation in accordance with any rules adopted by the bureau.
5.  Offender convicted and sentenced in State for Tier III offense.   An offender convicted and sentenced in this State for a Tier III offense shall register for the duration of the offender's life.
6.  Offender convicted and sentenced in another jurisdiction for Tier III offense.   An offender convicted and sentenced in another jurisdiction and required to register in this State pursuant to section 11283 or 11284 shall register for the duration of the registrant's life.
A.  A Tier III registrant shall register in this State for the duration of the registrant's life if, pursuant to the other jurisdiction's sex offender registration statute, the registration period is for the duration of the offender's life.
B.  A Tier III registrant shall register in this State for the duration of the registrant's life if registration was not required in that other jurisdiction and the person was convicted and sentenced in that jurisdiction for a crime that includes the essential elements of a Tier III offense.
7.  Additional offense.   Notwithstanding section 11273, subsections 14 and 15, a person who has been convicted and sentenced at any time for 2 or more offenses each of which is a Tier I offense or Tier II offense or includes the essential elements of a Tier I offense or Tier II offense is required to register as a Tier III registrant. For purposes of this subsection, convictions that occur on the same day count as separate offenses.
8.  Periods when domiciled or residing outside State or incarcerated.   Notwithstanding any other provision of this section, during any period in which a registrant or offender leaves this State, establishes a domicile or residence in another state and remains physically absent from this State or is incarcerated, the bureau, pursuant to any rules the bureau may adopt, may suspend the requirement that the registrant or offender verify registration information.
9.  Relief from duty to register.   The following provisions apply to relief from the duty to register.
A.  An offender's or a registrant's duty to register is not required if the circumstances triggering the registration requirements under section 11283 or 11284 no longer exist.
B.  If the underlying conviction in this State or in another jurisdiction that triggers the registration requirement is reversed, vacated or set aside or if the offender or registrant is pardoned for the crime, registration is no longer required.

§ 11286.  Duty of person traveling beyond the jurisdiction of the United States

An offender shall notify the bureau at least 21 days prior to travel beyond the jurisdiction of the United States. The offender shall provide the bureau with information about the date of departure from and return to the United States and the destination beyond the jurisdiction of the United States.

§ 11287.  Fee

The bureau may charge a $25 annual fee to persons required to register under this chapter. Registrants shall pay the fee at the time of initial registration and shall pay the fee on each anniversary of their initial registration.

The fee must be credited to the General Fund and the Highway Fund in an amount consistent with budgeted appropriations and allocations in the fiscal year of the credit.

§ 11288.  Violation

1.  Failure to comply; first offense.   An offender who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class D crime.
2.  Failure to comply; 2nd offense.   A person who has one prior conviction under this section and who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class C crime.
3.  Failure to comply; 3rd offense.   A person who has 2 or more prior convictions under this section and who in fact fails to comply with any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a Class B crime.
4.  Strict liability.   Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
5.  Prior convictions.   Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
6.  Affirmative defense.   It is an affirmative defense that the failure to comply with a duty imposed under this chapter or a rule adopted pursuant to this chapter resulted from just cause.
7.  Permissible inference.   Proof that the name and date of birth of the person charged with a violation of this section are the same as those of a person who has been sentenced for an offense requiring registration pursuant to this chapter gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person charged with a violation of this section is the same person as that person convicted of the offense requiring registration.

§ 11289.  Certification by record custodian

Notwithstanding any other law or rule of evidence, a certificate by the custodian of the records of the bureau, when signed and sworn to by that custodian, or the custodian's designee, is admissible in a judicial or administrative proceeding as prima facie evidence of any fact stated in the certificate or in any documents attached to the certificate.

SUBCHAPTER 3

NOTIFICATION

§ 11301.  Immunity from liability

Neither the failure to perform the requirements of this chapter nor compliance with this chapter subjects any state, municipal or county official or employee to liability in a civil action. The immunity provided under this section applies to the release of relevant information to other officials or employees or to the general public.

§ 11302.  Community education

The department shall provide law enforcement agencies technical assistance concerning community education curricula for purposes of notification to the public of a registrant's conditional release or discharge.

§ 11303.  Mandatory notification of conditional release or discharge of registrants

The department, county jails, state mental health institutes and the bureau are governed by the following notice provisions when a registrant is conditionally released or discharged.

1.  Duties.   The department, a county jail or a state mental health institute shall give the bureau notice of the following:
A.  The address where the registrant will be domiciled and reside;
B.  The address where the registrant will work and attend college or school, if applicable;
C.  The mailing address of the registrant; and
D.  The geographic area to which a registrant's conditional release is limited, if any.
2.  Duties of the bureau.   Upon receipt of the information concerning the conditional release or discharge of a registrant pursuant to subsection 1, the bureau shall forward the information to all law enforcement agencies that have jurisdiction in those areas where the registrant may be domiciled, reside, work or attend college or school.

§ 11304.  Public notification

1.  Department.   Upon the conditional release or discharge of a registrant from a state correctional institution, the department shall give notice of the information under section 11303, 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 registrant pursuant to section 11303, subsection 2, a law enforcement agency shall notify members of the public that the law enforcement agency determines appropriate to ensure public safety.

Sec. 4. Review of Colorado's Sex Offender Management Board. The Sex Offender Risk Assessment Advisory Commission, established in the Maine Revised Statutes, Title 5, section 12004-I, subsection 74-G shall review the structure and duties of Colorado's Sex Offender Management Board established under the Colorado Revised Statutes, section 16-11.7-101 through section 16-11.7-107. The commission shall report its findings and recommendations regarding Colorado's Sex Offender Management Board to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters on or before January 5, 2013. The joint standing committee may report out a bill implementing the recommendations of the commission to the First Regular Session of the 126th Legislature.

Sec. 5. Appropriations and allocations. The following appropriations and allocations are made.

ATTORNEY GENERAL, DEPARTMENT OF THE

Administration - Attorney General 0310

Initiative: Provides funds for one Assistant Attorney General position and related costs to provide legal advice concerning the Sex Offender Registration and Notification Act of 2013.

GENERAL FUND 2011-12 2012-13
POSITIONS - LEGISLATIVE COUNT
 0.000 1.000
Personal Services
 $0 $78,101
All Other
 $0 $5,178
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL $0 $83,279

ATTORNEY GENERAL, DEPARTMENT OF THE
DEPARTMENT TOTALS 2011-12 2012-13
GENERAL FUND
 $0 $83,279
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS $0 $83,279

PUBLIC SAFETY, DEPARTMENT OF

State Police 0291

Initiative: Provides one-time funding for programming changes to the sex offender registry.

FEDERAL EXPENDITURES FUND 2011-12 2012-13
All Other
 $0 $100,000
inline graphic sline.gif inline graphic sline.gif
FEDERAL EXPENDITURES FUND TOTAL $0 $100,000

PUBLIC SAFETY, DEPARTMENT OF
DEPARTMENT TOTALS 2011-12 2012-13
FEDERAL EXPENDITURES FUND
 $0 $100,000
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS $0 $100,000

SECTION TOTALS 2011-12 2012-13
GENERAL FUND
 $0 $83,279
FEDERAL EXPENDITURES FUND
 $0 $100,000
inline graphic sline.gif inline graphic sline.gif
SECTION TOTAL - ALL FUNDS $0 $183,279
’

summary

This amendment makes the following changes to the bill:

1. It changes the effective date of the application of new registration and notification changes from October 15, 2011 to January 1, 2013;

2. It removes provisions dealing with risk assessment and establishes an ongoing Sex Offender Risk Assessment Advisory Commission to conduct an ongoing study of methods to predict the risk of recidivism by sex offenders;

3. It removes the offense classification method in the bill, which listed each offense specifically under each tier level. This amendment replaces that method with one based on the classification of the crime. In general, Class E and Class D crimes are Tier I offenses, Class C crimes are Tier II offenses and Class B and Class A crimes are Tier III offenses;

4. It removes the section of the bill regarding exceptions to the duty to register;

5. It changes the time a registrant has to notify the Department of Public Safety of a change of residence, place of employment or college or school being attended from 5 days to 3 days;

6. It adds telephone numbers, Internet identifiers and driver's license, passport and immigration documents and vehicle information to the list of information the Department of Public Safety must collect from sex offender registrants for the department's registry database;

7. It requires the Department of Public Safety, State Bureau of Identification to establish an e-mail notification system to alert a member of the public who has subscribed to the e-mail notification system when a registrant moves into the subscriber's geographic area;

8. It provides that a registrant who commits a subsequent sex offense must register for life;

9. It requires a registrant traveling abroad to provide the Department of Public Safety with certain information about that registrant's travel;

10. It changes the frequency of a registrant's duty to verify that registrant's information to every 90 days for a Tier III registrant, every 180 days for a Tier II registrant and annually for a Tier I registrant;

11. It directs the Sex Offender Risk Assessment Advisory Commission to study the structure and duties of Colorado's Sex Offender Management Board and report to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters by January 5, 2013. It authorizes that committee to introduce a bill implementing the commission's recommendations to the First Regular Session of 126th Legislature;

12. It adds new sex offenses enacted in the First Regular Session of the 125th Legislature to the Tier I, Tier II and Tier III offenses;

13. It makes a number of technical changes; and

14. It adds an appropriations and allocations section.

FISCAL NOTE REQUIRED
(See attached)

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