§11225-A. Duration of registration

1.  Ten-year registrant convicted and sentenced in State.  The following provisions apply to a 10-year registrant convicted and sentenced in this State.

A. [PL 2009, c. 570, §5 (RP).]

B. A 10-year registrant sentenced in this State shall register for a period of 10 years. The 10-year period is calculated as follows.

(1) If the 10-year registrant was sentenced prior to September 18, 1999 to a wholly suspended sentence with probation or administrative release 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.

(2) If the 10-year registrant was sentenced prior to September 18, 1999 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.

(3) If the 10-year registrant was committed under Title 15, section 103 prior to September 18, 1999, the 10-year period is treated as having begun at the time of discharge or conditional release under Title 15, section 104-A.

(4) If the 10-year registrant was sentenced prior to September 18, 1999 and the person's duty to register has not yet been triggered, the 10-year period commences upon registration by the person in compliance with section 11222, subsection 1-A, paragraph A, B or C.

(5) If the 10-year registrant was sentenced on or after September 18, 1999, the 10-year period commences from the date the person in fact initially registers once the legal duty to register arises under section 11222.   [PL 2015, c. 280, §7 (AMD).]

[PL 2015, c. 280, §7 (AMD).]

2.  Ten-year registrant convicted and sentenced in another jurisdiction.  The following provisions apply to a 10-year registrant convicted and sentenced in another jurisdiction and required to register in this State pursuant to section 11223, section 11224 or both.

A. A 10-year 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 years rather than for a lifetime. 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 11223, section 11224 or both. However, the 10-year registrant may receive day-for-day credit for the time actually registered pursuant to the other jurisdiction's sex offender registration statutes 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.   [PL 2005, c. 423, §22 (NEW).]

B. A 10-year registrant shall register for a period of 10 years if registration was not required in that other jurisdiction and the person was sentenced on or after January 1, 1982 in that jurisdiction for a crime that includes the essential elements of a sex offense. The 10-year period is calculated by applying subsection 1, paragraph B, subparagraphs (1) to (4) but interpreted and applied to take into account substantially similar sentencing alternatives imposed in the other jurisdiction.   [PL 2005, c. 423, §22 (NEW).]

[PL 2005, c. 423, §22 (NEW).]

3.  Lifetime registrant convicted and sentenced in this State.  A lifetime registrant sentenced on or after January 1, 1982 in this State shall register for the duration of that registrant's life.

[PL 2005, c. 423, §22 (NEW).]

4.  Lifetime registrant convicted and sentenced in another jurisdiction.  The following provisions apply to a lifetime registrant convicted and sentenced in another jurisdiction and required to register in this State pursuant to section 11223, section 11224 or both.

A. A person shall register in this State for the duration of that person's life if, pursuant to that other jurisdiction's sex offender registration statute, the registration period is for a lifetime.   [PL 2005, c. 423, §22 (NEW).]

B. A person shall register in this State for the duration of that person's life if no registration was required in that other jurisdiction and the person was sentenced on or after January 1, 1982 in that jurisdiction for a crime that includes the essential elements of a sexually violent offense or the person has 2 or more prior convictions in that or any other jurisdiction for an offense or for an attempted offense that includes the essential elements of a sex offense or a sexually violent offense.   [PL 2005, c. 423, §22 (NEW).]

[PL 2005, c. 423, §22 (NEW).]

5.  Suspending verifications.  Notwithstanding subsections 1 and 3, the bureau, pursuant to any rules the bureau may adopt, may suspend the requirement that the 10-year registrant or lifetime registrant verify registration information during any period in which the 10-year registrant or lifetime registrant:

A. Leaves this State, establishes a domicile or residence in another state and remains physically absent from this State;   [PL 2015, c. 280, §8 (NEW).]

B. Is incarcerated; or   [PL 2015, c. 280, §8 (NEW).]

C. Is incapacitated or hospitalized.   [PL 2015, c. 280, §8 (NEW).]

[PL 2015, c. 280, §8 (RPR).]

6.  Relief from duty to register.  The following provisions apply to an offender's, a 10-year registrant's or a lifetime registrant's duty to register.

A. An offender's or a 10-year registrant's duty to register for a period of 10 years pursuant to subsection 2 is not required if the circumstances triggering the registration requirements under section 11223, section 11224 or both no longer exist.   [PL 2009, c. 365, Pt. B, §18 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

B. An offender's or a lifetime registrant's duty to register for the duration of that person's life pursuant to subsection 4 is not required if the circumstances triggering the registration requirements under section 11223, section 11224 or both no longer exist.   [PL 2009, c. 365, Pt. B, §18 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

C. 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.   [PL 2009, c. 365, Pt. B, §18 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

[PL 2009, c. 365, Pt. B, §18 (AMD); PL 2009, c. 365, Pt. B, §22 (AFF).]

SECTION HISTORY

PL 2005, c. 423, §22 (NEW). PL 2009, c. 365, Pt. B, §18 (AMD). PL 2009, c. 365, Pt. B, §22 (AFF). PL 2009, c. 570, §5 (AMD). PL 2015, c. 280, §§7, 8 (AMD).