South Dakota Codified Laws
Chapter 24B - Sex Offender Registry
Section 22-24B-19.1 - Criteria for removal from registry as Tier II offender.

22-24B-19.1. Criteria for removal from registry as Tier II offender.
To be eligible for removal from the registry as a Tier II offender, the petitioner shall show, by clear and convincing evidence, that all of the following criteria have been met:
(1)At least twenty-five years have elapsed since the date the petitioner first registered pursuant to this chapter;
(2)The crime requiring registration was for:
(a)Incest as defined in §22-22A-2; or
(b)An out-of-state, federal or court martial offense that is comparable to the elements of incest as defined in §22-22A-2; or
(c)Bestiality as set forth in §22-22-42;
(3)The circumstances surrounding the crime requiring registration did not involve a child under the age of thirteen;
(4)The petitioner is not a recidivist sex offender;
(5)The petitioner has substantially complied in good faith with the registration and re-registration requirements imposed under chapter 22-24B; and
(6)Petitioner demonstrates to the satisfaction of the court that he or she does not pose a risk or danger to the community.
For purposes of this section, any period of time during which the petitioner was incarcerated or during which the petitioner was confined in a mental health facility does not count toward the twenty-five year calculation, regardless of whether such incarceration or confinement was for the sex offense requiring registration or for some other offense.

Source: SL 2010, ch 119, §2.

Structure South Dakota Codified Laws