22-24B-20. Order for removal of name from sex offender registry--Denial of petition.
If the court finds that all of the criteria described in §22-24B-19 or 22-24B-19.1 have been met and that the petitioner is not likely to offend again, then the court may, in its discretion, enter an order terminating the petitioner's obligation to register in this state and require the removal of petitioner's name from the registry. However, if the court finds that the offender has provided false, misleading, or incomplete information in support of the petition, or failed to serve the petition and supporting documentation upon the respondent, then the petition may be denied. If the petition is denied, the petitioner may not file a subsequent petition for at least two years from the date the previous petition was denied.
Source: SL 2005, ch 120, §423; SL 2010, ch 119, §5.
Structure South Dakota Codified Laws
Chapter 24B - Sex Offender Registry
Section 22-24B-1 - Sex crimes determined.
Section 22-24B-1.1 - Business day defined.
Section 22-24B-2.1 - Sex offender registry consists of three tiers.
Section 22-24B-3 - Work defined.
Section 22-24B-4 - Attends school and attends classes defined.
Section 22-24B-7 - Registration every six months--Violation as felony.
Section 22-24B-8.1 - Annual confirmation by law enforcement of residence address.
Section 22-24B-9 - Information from sex offender registry--Specifics included.
Section 22-24B-12.1 - Second or subsequent convictions.
Section 22-24B-17 - Petition for removal from the sex offender registry--Service--Response.
Section 22-24B-18 - Petition and documentation--Contents.
Section 22-24B-19 - Criteria for removal from registry as Tier I offender.
Section 22-24B-19.1 - Criteria for removal from registry as Tier II offender.
Section 22-24B-19.2 - Tier III offender defined.
Section 22-24B-19.3 - Recidivist sex offender defined.
Section 22-24B-20 - Order for removal of name from sex offender registry--Denial of petition.
Section 22-24B-22 - Definitions.
Section 22-24B-23 - Restrictions on residence within community safety zone--Violation as felony.
Section 22-24B-25 - Inconsistent local ordinances on residence and community access prohibited.
Section 22-24B-27 - Community Safety Zone--Exemption--Eligibility.
Section 22-24B-28 - Order granting or denying petition--Restrictions on subsequent petition.
Section 22-24B-31 - Foreign criminal conviction registration--Time limit--Violation as felony.
Section 22-24B-32 - Immunity from liability for certain good faith conduct.
Section 22-24B-35 - Registered sex offender not eligible to circulate certain nominating petitions.
Section 22-24B-36 - Sex offender to report change in vehicle registration.
Section 22-24B-37 - Report of intention to travel outside United States--Violation as misdemeanor.