5-42-45. Petition for order of exemption from safety zone restrictions-Contents-Service-Response.

An offender subject to community safety zone restrictions pursuant to §§5-42-42 to 5-42-47, inclusive, who is eligible to seek exemption from these restrictions as provided for in §5-42-46 may petition the Tribal court for an order to terminate the person’s obligation to comply with the community safety zone restrictions. The offender shall serve the petition and all supporting documentation on the Attorney General for the Rosebud Sioux. The Attorney General or his designee shall respond to each petition to request exemption from the community safety zone restrictions.

No person petitioning the court under this section for an order terminating the person’s obligation to comply with community safety zone restrictions is entitled to court-appointed counsel, publicly-funded experts, or publicly-funded witnesses.

The petition and documentation to support the request for exemption from the community safety zone restrictions shall include:

1. All information required for registration of convicted sex offenders required by this Title;
2. A detailed description of the sex crime that was the basis for the offender to be subject to community safety zone restrictions;
3. A certified copy of judgment of conviction or other sentencing document; and
4. The offender’s criminal record.

The court may request that the petitioner provide additional information if the information provided is incomplete or if the court desires more information relative to the request for exemption.