An Act To Amend the Sex Offender Registration Laws
Sec. 1. 5 MRSA §12004-I, sub-§74-G is enacted to read:
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
§ 1403. Duties; powers
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) 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) 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;
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.
(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;
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.
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.
§ 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) 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.
(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.
§ 11282. Duty of offender to register
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.
§ 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.
§ 11285. Duration of registration
The following provisions govern the duration of registration.
§ 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
§ 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.
§ 11304. Public notification
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 |
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|
GENERAL FUND TOTAL | $0 | $83,279 |
ATTORNEY GENERAL, DEPARTMENT OF THE | ||
DEPARTMENT TOTALS | 2011-12 | 2012-13 |
GENERAL FUND
|
$0 | $83,279 |
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|
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 |
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|
FEDERAL EXPENDITURES FUND TOTAL | $0 | $100,000 |
PUBLIC SAFETY, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2011-12 | 2012-13 |
FEDERAL EXPENDITURES FUND
|
$0 | $100,000 |
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|
DEPARTMENT TOTAL - ALL FUNDS | $0 | $100,000 |
SECTION TOTALS | 2011-12 | 2012-13 |
GENERAL FUND
|
$0 | $83,279 |
FEDERAL EXPENDITURES FUND
|
$0 | $100,000 |
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|
SECTION TOTAL - ALL FUNDS | $0 | $183,279 |