(12) Harassment, as set forth in section 506-A;

(13) Violation of a protection order, as specified in Title 5, section 4659, subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, subsection 2; former Title 19, section 770, subsection 5; Title 19-A, section 4011, subsection 3; and Title 19-A, section 4012, subsection 5; or

(14) A violation of a sex offender registration provision under Title 34-A, chapter 11 or 13 15; and

Sec. 2. 17-A MRSA §1152, sub-§2-C, as enacted by PL 1995, c. 680, §4, is amended to read:

2-C. As part of a sentence, the court shall order every natural person who is a convicted sex offender or sexually violent predator, as defined under Title 34-A, section 11103 11203 to satisfy all requirements set forth in the Sex Offender Registration and Notification Act of 1999.

Sec. 3. 17-A MRSA §1204, sub-§1-C, as amended by PL 1999, c. 437, §1, is further amended to read:

1-C. The court shall attach as a condition of probation that the convicted sex offender, as defined under Title 34-A, section 11103, satisfy all responsibilities set forth in Title 34-A, chapter 13, the Sex Offender Registration and Notification Act and that the convicted sex offender, as defined under Title 34-A, section 11203, subsection 5, or the convicted sexually violent predator, as defined under Title 34-A, section 11203, subsection 8, satisfy all responsibilities set forth in Title 34-A, chapter 15, the Sex Offender Registration and Notification Act of 1999.

Sec. 4. 34-A MRSA cc. 11 and 13, as amended, are repealed.

Sec. 5. 34-A MRSA §11202, as enacted by PL 1999, c. 437, §2, is amended to read:

§11202. Application

This chapter applies to a person sentenced as a sex offender or a sexually violent predator before, on or after the effective date of this chapter.

Sec. 6. 34-A MRSA §11203, sub-§§1-A, 1-B and 4-A are enacted to read:

1-A.__Conditional release.__"Conditional release"__means supervised release of a sex offender or sexually violent predator from institutional confinement for placement on probation, parole, intensive supervision, supervised community confinement, home release monitoring or release under Title 15, section 104-A or Title 17-A, chapter 50.

1-B.__Discharge.__"Discharge" means unconditional release and discharge of a sex offender or sexually violent predator from institutional confinement upon the expiration of a sentence or upon discharge under Title 15, section 104-A.

4-A.__Risk assessment instrument.__"Risk assessment instrument" means an instrument created and modified as necessary by reviewing and analyzing precursors to a sex offense, victim populations of a sex offender or sexually violent predator, living conditions and environment of a sex offender or sexually violent predator and other factors predisposing a person to become a sex offender, repeat sex offender or sexually violent predator, for the ongoing purpose of identifying risk factors used to provide notification of a sex offender's or sexually violent predator's conditional release or discharge from a state correctional facility to law enforcement agencies and to the public.

Sec. 7. 34-A MRSA §11225, sub-§1, as enacted by PL 1999, c. 437, §2, is amended to read:

1. Sex offender. A sex offender shall register for a period of 10 years from the initial date of registration pursuant to this chapter, except that a sex offender required to register because the sex offender established a domicile in this State subsequent to being declared a sex offender in another state or under another jurisdiction shall register for a maximum of 10 years from the date when the sex offender was first required to register in the other state or under another jurisdiction the duration of the sex offender's life.

Sec. 8. 34-A MRSA §11251, as enacted by PL 1999, c. 437, §2, is repealed.

Sec. 9. 34-A MRSA §§11251-A to 11251-D are enacted to read:

§11251-A.__Risk assessment

The department shall establish and apply a risk assessment instrument to each sex offender and sexually violent predator

under its jurisdiction for the purpose of notification to law enforcement agencies and to the public.

§11251-B. Mandatory notification of conditional release or

discharge of sex offenders and sexually violent

predator

The department and the Department of Public Safety, State Bureau of Identification are governed by the following notice provisions when a sex offender or sexually violent predator is conditionally released or discharged.

1.__Duties of the department.__The department shall give the Department of Public Safety, State Bureau of Identification notice of the following:

A.__The address where the sex offender or sexually violent predator will reside;

B.__The address where the sex offender or sexually violent predator will work, if applicable;

C.__The geographic area to which a sex offender's or sexually violent predator's conditional release is limited, if any; and

D.__The status of the sex offender or sexually violent predator when released as determined by the risk assessment instrument, the offender's or predator's risk assessment score, a copy of the risk assessment instrument and applicable contact standards for the offender or predator.

2.__Duties of Department of Public Safety, State Bureau of Identification.__Upon receipt of the information concerning the conditional release or discharge of a sex offender or sexually violent predator pursuant to subsection 1, the Department of Public Safety, State Bureau of Identification shall forward the information required in subsection 1 to all law enforcement agencies that have jurisdiction in those areas where the sex offender may reside or work.

§11251-C.__Public notification

1.__Department.__Upon the conditional release or discharge of a sex offender or sexually violent predator from a state correctional institution, the department shall give notice of the information required under section 11251-B, subsection 1 to members of the public who the department determines appropriate to ensure public safety.

2.__Law enforcement agencies.__Upon receipt of the information concerning the conditional release or discharge of a sex offender or sexually violent predator pursuant to section 11251-B, subsection 2, a law enforcement agency shall notify members of that municipality who the law enforcement agency determines appropriate to ensure public safety.

§11251-D. Risk assessment assistance

Upon request, the department shall provide to law enforcement agencies technical assistance concerning risk assessment for purposes of notification to the public of a sex offender's or sexually violent predator's conditional release or discharge.

Sec. 10. Nonseverability. Notwithstanding the provisions of the Maine Revised Statutes, Title 1, section 71, if any provision of this Act or its application is held invalid, it is the intent of the Legislature that the entire Act is invalidated.

SUMMARY

This bill revises the most recent sex offender registration and notification act to apply to all sex offenders and sexually violent predators, regardless of when they were convicted and sentenced. It requires sex offenders to register for the rest of their lives, as sexually violent predators are currently required to do.

This bill repeals the 2 earlier laws covering sex offender registration and notification that applied before 1999 but retain the notification procedures and applies them to sex offenders and sexually violent predators.

This bill contains a nonseverability clause that provides that the whole Act is invalid if a court rules that any provision of the Act is unconstitutional. This is necessary to ensure that current law requiring registration and notification is retained for sex offenders convicted and sentenced before September 18, 1999, if a court rules that the Sex Offender Registration and Notification Act of 1999 can not be modified to apply retroactively to earlier convictions.