South Dakota Codified Laws
Chapter 24B - Sex Offender Registry
Section 22-24B-28 - Order granting or denying petition--Restrictions on subsequent petition.

22-24B-28. Order granting or denying petition--Restrictions on subsequent petition.
If the court finds that all of the criteria provided for in §22-24B-27 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 comply with the community safety zone restrictions of this state. However, if the court finds that the offender has provided false or misleading information in support of the petition, or failed to serve the petition and supporting documentation upon the parties provided for in §22-24B-26, then the petition shall 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. The court shall forward any order terminating the petitioner's obligation to comply with community safety zone restrictions to the Division of Criminal Investigation.

Source: SL 2006, ch 125, §7.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 22 - Crimes

Chapter 24B - Sex Offender Registry

Section 22-24B-1 - Sex crimes determined.

Section 22-24B-1.1 - Business day defined.

Section 22-24B-2 - Registration of convicted sex offenders--Time limit--Violation as felony--Discharge.

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-5 - Annual verification form mailed to registered offender--Return of form--Failure to return form--Violation as felony.

Section 22-24B-6 - Commencement or change in enrollment or employment--Report to local law enforcement--Time limit--Violation as felony.

Section 22-24B-7 - Registration every six months--Violation as felony.

Section 22-24B-8 - Information required for sex offender registration--DNA sample--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-10 - Registration forwarded to Division of Criminal Investigation--Files open to public--Exceptions.

Section 22-24B-11 - Availability of sex offenders' files--Participation in National Sex Offender Public Registry.

Section 22-24B-12 - Written notice of new location or address required--Time limit--Violation as felony.

Section 22-24B-12.1 - Second or subsequent convictions.

Section 22-24B-12.2 - Notice in person of new location or address outside of state--Time limit--Violation as felony.

Section 22-24B-13 - Duty of institutions to inform convicted sex offenders of registration requirements and community safety zone restrictions.

Section 22-24B-14 - Duty of court to inform sexual offenders of registration requirement and community safety zone restrictions.

Section 22-24B-15 - Registration records and lists as public records--Confidentiality of victim identifying information.

Section 22-24B-16 - Penalties for crime committed as result of information from sex offender registry.

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-21 - Internet site with sex offender registration information--Division and registering agency not liable for good faith conduct.

Section 22-24B-22 - Definitions.

Section 22-24B-23 - Restrictions on residence within community safety zone--Violation as felony.

Section 22-24B-23.1 - Secondary registered location or address--Notification of law enforcement--Violation as misdemeanor.

Section 22-24B-24 - Loitering within community safety zone or public library prohibited--Exception--Violation as felony.

Section 22-24B-25 - Inconsistent local ordinances on residence and community access prohibited.

Section 22-24B-26 - Petition for order of exemption from safety zone restrictions--Contents--Service--Response.

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-29 - Summary description of offense forwarded to or developed by Division of Criminal Investigation.

Section 22-24B-30 - Inmate and juvenile offender registration--Time limit--Submission to Division of Criminal Investigation--Notice of change of status.

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-33 - Eligibility for removal from registry of registrant who has committed out-of-state offense.

Section 22-24B-34 - Eligibility of registrant who has committed out-of-state offense to establish in-state residence.

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.