• 5-42-1. TITLE.
• 5-42-2. PURPOSE.
• 5-42-3. NEED.
• CREATION OF REGISTRIES
• 5-42-4. Sex Offender Registry.
• 5-42-5 Public Sex Offender Registry Website.
• DEFINITIONS
• 5-42-6. Definitions.
• COVERED OFFENSES
• 5-42-7. Persons’ Subjected to Chapter 42.
• TIERED OFFENSES
• 5-42-8 Tier 1 Offenses
• 5-42-9 Tier 2 Offenses
• 5-42-10 Tier 3 Offenses
• REQUIRED INFORMATION
• 5-42-11 General Requirements
• 5-42-12 Criminal History
• 5-42-13 Date of Birth
• 5-42-14 DNA Sample
• 5-42-15 Driver’s License, Identification Cards, Passports, and Immigration Documents
• 5-42-16 Employment Information
• 5-42-17 Finger and Palm Prints
• 5-42-18 Internet Identifiers
• 5-42-19 Name
• 5-42-20 Phone Numbers
• 5-42-21 Picture
• 5-42-22 Physical Description
• 5-42-23 Professional Licensing Information
• 5-42-24 Residence address
• 5-42-25 School
• 5-42-26 Social Security Number
• 5-42-27 Temporary Lodging
• 5-42-28 Offense Information
• 5-42-29 Vehicle Information
• 5-42-30 Frequency, Duration and Reduction
• 5-42-31 Requirements for In Person Appearances
• REGISTRATION
• 5-42-32 Where Registration is Required
• 5-42-33 Timing of Registration
• 5-42-34 Retroactive Registration
• 5-42-35 Keeping Registration Current
• 5-42-36. Failure to Appear for Registration and Absconding.
• PUBLIC SEX OFFENDER REGISTRY WEBSITE
• 5-42-37. Website.
• 5-42-38. Required and Prohibited Information.
• 5-42-39. Community Notification.
• 5-42-40. Immunity.
• 5-42-41 Crimes and Civil Sanctions
• 5-42-42. Community Safety Zones.
• 5-42-43. Restrictions on residence within community safety-zone.
• 5-42-44. Loitering within community safety zone prohibited-Exception.
• 5-42-45. Petition for order of exemption from safety zone restrictions-Contents-Service-Response.
• 5-42-46. Eligibility for exemption from community safety zone restrictions.
• 5-42-47. Order granting or denying petition-Restrictions on subsequent petition.

5-42-46. Eligibility for exemption from community safety zone restrictions.

To be eligible for exemption from the community safety zone restrictions; the petitioner shall show, by clear and convincing evidence, the following:

1. That at least ten (10) years have elapsed since the date the petitioner was convicted of the offense that subjected the petitioner to community safety zone restrictions pursuant to §§5-42-42 to 5-42-47, inclusive. For purposes of this subdivision, any period of time during which the petitioner was confined in a mental health facility or during which the petitioner was on probation or parole supervision does not count toward the ten (10)-year calculation, regardless of whether such incarceration, confinement or community supervision was for the sex offense requiring registration or for some other offense;
2. That the petitioner is not a recidivist sex offender. A recidivist sex offender is a person who has been convicted or adjudicated for more than one (1) sex crime enumerated in any portion of this Title of the law and order code, inclusive, regardless of when those convictions or adjudications occurred. For the purpose of this subdivision, and subdivision (1) of this section, a conviction or adjudication includes a verdict or plea of guilty; a verdict or plea of guilty but mentally ill; a plea of nolo contendere; a suspended imposition of sentence in any jurisdiction, regardless of whether it has been discharged; a deferred prosecution agreement entered by a prosecutor; and a determination made in another state, federal jurisdiction, or courts martial that is comparable to any of these events;
3. That the petitioner has completely and truthfully complied with the registration and registration requirements imposed under this chapter;
4. That the petitioner has actually resided within the Rosebud Sioux Indian Reservation at least ten (10) consecutive years immediately prior to the filing of the petition. Residence as used in this subdivision does not mean the registration address of an incarcerated sex offender; and
5. The circumstances of the crime subjecting the offender to community safety zone restrictions does not involve a child under age thirteen (13).