22-24B-26. Petition for order of exemption from safety zone restrictions--Contents--Service--Response.
An offender subject to community safety zone restrictions pursuant to §§22-24B-22 to 22-24B-28, inclusive, who is eligible to seek exemption from these restrictions as provided for in §22-24B-27 may petition the circuit court in the county where the person resides 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 state's attorney in the county where the offender currently resides, the office of the prosecutor in the jurisdiction where the offense occurred, and the Office of the Attorney General. The state's attorney in the county where the offender currently resides 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 persons'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 in §22-24B-8;
(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.
Source: SL 2006, ch 125, §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.