5-42-30 Frequency, Duration and Reduction

  1. Frequency. A sex offender who is required to register shall at a minimum appear in person at the Rosebud Sioux Tribe Police Department for purposes of verification and keeping their registration current in accordance with the following time frames:
    1. For “Tier 1” offenders, once every year for fifteen (15) years from the time of release from custody for a sex offender who is incarcerated for the registration offense or from the date of sentencing for a sex offender who is not incarcerated for the registration offense.
    2. For “Tier 2” offenders once every one hundred and eighty (180) days for twenty-five (25) years from the time of release from custody for a sex offender who is incarcerated for the registration offense or from the date of sentencing for a sex offender who is not incarcerated for the registration offense.
    3. For “Tier 3” offenders, once every ninety (90) days for the rest of their lives.
  2. Reduction of Registration Periods. A sex offender may have their period of registration reduced as follows:
    1. A Tier 1 offender may have his or her period of registration reduced to ten (10) years if he or she has maintained a clean record for ten (10) consecutive years;
    2. A Tier 3 offender may have his or her period of registration reduced to twenty-five (25) years if he or she was adjudicated delinquent of an offense as a juvenile that required Tier 3 registration and he or she has maintained a clean record for 25 consecutive years.
  3. Clean Record. For purposes of 5-42-30(B) a person has a clean record if:
    1. He or she has not been convicted of any offense for which imprisonment for more than one (1) year may be imposed,
    2. He or she has not been convicted of any sex offense,
    3. He or she has successfully completed, without revocation, any period of supervised release, probation or parole, and
    4. He or she has successfully completed an appropriate sex offender treatment program certified by the tribe, another jurisdiction or by the Attorney General of the United States.
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