§11282. Duty of offender to register
1.
Notification by court, department, bureau or law enforcement agency.
An offender has a duty to register under this chapter after notification has been given to the offender by a court of jurisdiction, the department, the bureau or a law enforcement agency. The court shall notify the offender at the time of sentence of the duty to register pursuant to this chapter. Notification of the duty to register under this chapter also may be given to the offender at any time after the imposition of sentence.
At any time, the bureau may correct the term of a registration erroneously assigned to an offender or registrant. In such instances, the bureau shall notify the offender or registrant, the district attorney and the court in the jurisdiction where the conviction occurred and the law enforcement agency having jurisdiction where the offender or registrant is domiciled, resides, is employed or attends college or school, if applicable.
[PL 2011, c. 663, §3 (NEW).]
2.
When duty to register must be exercised.
Following notification by a court, the department, the bureau or a law enforcement agency under subsection 1, an offender shall register as follows.
A.
If the offender is sentenced to a wholly suspended sentence with probation or administrative release, or to a punishment alternative not involving imprisonment, the duty to register is triggered at the time the person commences in actual execution of the wholly suspended sentence or at the time of sentence imposition when no punishment alternative involving imprisonment is imposed, unless the court orders a stay of execution, in which event the duty is triggered by the termination of the stay.
[PL 2011, c. 663, §3 (NEW).]
B.
If the offender is sentenced to a straight term of imprisonment or to a split sentence, the duty to register is triggered by discharge or conditional release.
[PL 2011, c. 663, §3 (NEW).]
C.
If the offender is committed under Title 15, section 103, the duty to register is triggered by discharge or conditional release under Title 15, section 104‑A.
[PL 2011, c. 663, §3 (NEW).]
D.
If the events stated in paragraphs A to C have passed, an offender must register within 3 days after having received notice of that duty from a court, the department, the bureau or a law enforcement agency.
[PL 2011, c. 663, §3 (NEW).]
E.
Proof that the name and date of birth of the person notified of the duty to register pursuant to this chapter are the same as those of a person who has been found not guilty by reason of insanity or convicted of an offense requiring registration pursuant to this chapter gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person notified of the duty to register is the same person as that person convicted of the offense requiring registration.
[PL 2011, c. 663, §3 (NEW).]
[PL 2011, c. 663, §3 (NEW).]
3.
Duty to notify law enforcement agency.
An offender shall notify the law enforcement agency having jurisdiction in those areas where the offender is domiciled, resides, works or attends school within 24 hours of becoming a domiciliary or a resident or beginning work or attending school. If the location is a municipality with an organized municipal police department, the law enforcement agency having jurisdiction is the municipal police department. If the location is a school having an organized police department, the law enforcement agency having jurisdiction is the campus police department. If the location is neither a municipality nor a school with an organized police department, the law enforcement agency having jurisdiction is the sheriff's department.
[PL 2011, c. 663, §3 (NEW).]
4.
Responsibility of ensuring initial registration.
The department, the county jail or the state mental health institute that has custody of an offender shall inform the offender, prior to discharge or conditional release, of the duty to register. If an offender does not serve a period of institutional confinement, the court shall inform the offender at the time of sentencing of the duty to register. The department, county jail, state mental health institute or court shall:
A.
Inform the offender of the duty to register and obtain the information required for the initial registration;
[PL 2011, c. 663, §3 (NEW).]
B.
Inform the offender of the requirement to notify the law enforcement agency having jurisdiction pursuant to subsection 3;
[PL 2011, c. 663, §3 (NEW).]
C.
Inform the offender that if the offender changes domicile or changes residence, place of employment or college or school being attended, the offender shall give the new address to the bureau in writing within 3 days and shall notify the law enforcement agency having jurisdiction within 24 hours;
[PL 2011, c. 663, §3 (NEW).]
D.
Inform the offender that if that offender changes domicile to another jurisdiction, the offender shall register the new address with the bureau and if the new jurisdiction has a registration requirement, the offender shall register with a designated law enforcement agency in the new state not later than 3 days after establishing domicile in the new state;
[PL 2011, c. 663, §3 (NEW).]
E.
Inform the offender that if that offender has part-time or full-time employment in another state, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year or if that offender enrolls in any type of school in another state on a part-time or full-time basis, the offender shall give the bureau the offender's place of employment or school to be attended in writing within 3 days after beginning work or attending school and if the other state has a registration requirement, shall register with the designated law enforcement agency in the other state;
[PL 2011, c. 663, §3 (NEW).]
F.
Obtain fingerprints and a current photograph of the offender. The court may order the offender to submit to the taking of fingerprints and a photograph at a specified law enforcement agency within 3 days if the fingerprints and photograph have not already been obtained in connection with the offense that necessitates registration; and
[PL 2011, c. 663, §3 (NEW).]
G.
Enforce the requirement that the offender read and sign a form provided by the bureau that states that the duty of the offender to register under this section has been explained.
[PL 2011, c. 663, §3 (NEW).]
[PL 2011, c. 663, §3 (NEW).]
5.
Transfer of initial registration information to bureau and FBI.
The department, county jail, state mental health institute or court within 3 days of receipt of the information described in subsection 4 shall forward the information to the bureau. If the court orders the offender to submit to the taking of fingerprints and a photograph at a specified law enforcement agency, the law enforcement agency shall submit the fingerprints and photograph to the bureau within 3 days. The bureau shall immediately enter the information into the registration system, notify the law enforcement agencies having jurisdiction where the offender expects to be domiciled and reside and transmit the information to the FBI for inclusion in the national FBI sex offender database.
[PL 2011, c. 663, §3 (NEW).]
6.
Verification.
During the period a registrant is required to register, the bureau shall require the registrant to verify all registration information unless verifications are suspended. The following provisions govern the verification of registration information.
A.
At least 10 days prior to the required verification date, the bureau shall mail a nonforwardable verification form to the last reported mailing address of the registrant. The verification form is deemed received 3 days after mailing unless returned by postal authorities.
[PL 2011, c. 663, §3 (NEW).]
B.
The registrant shall bring the completed verification form and a current photograph of the registrant to the law enforcement agency having jurisdiction within 5 days of receipt of the form.
[PL 2011, c. 663, §3 (NEW).]
C.
The law enforcement agency having jurisdiction shall verify the registrant's identity, have the registrant sign the verification form, take the registrant's fingerprints, complete the law enforcement portion of the verification form and immediately forward the fingerprints, photograph and form to the bureau.
[PL 2011, c. 663, §3 (NEW).]
[PL 2015, c. 280, §15 (AMD).]
7.
Frequency of verification.
The frequency of in-person verification of registration information is dependent upon the registrant's tier classification as follows.
A.
A Tier III registrant shall register for the duration of the registrant's life and shall verify registration information every 3 months after the registrant's initial registration date.
[PL 2015, c. 280, §16 (AMD).]
B.
A Tier II registrant shall register for 25 years and shall verify registration information every 6 months after the registrant's initial registration date.
[PL 2015, c. 280, §16 (AMD).]
C.
A Tier I registrant shall register for 10 years and shall verify registration information annually after the registrant's initial registration date.
[PL 2011, c. 663, §3 (NEW).]
[PL 2015, c. 280, §16 (AMD).]
8.
Change of domicile, residence, place of employment or college or school being attended.
An offender or registrant shall notify the bureau in writing of a change of residence, domicile, place of employment or college or school being attended within 3 days and shall notify the law enforcement agency having jurisdiction within 24 hours after changing that domicile, residence, place of employment or college or school being attended.
A.
If the offender or registrant establishes a new domicile, residence, place of employment or college or school being attended in the State, the bureau shall notify, within 3 days, both the law enforcement agency having jurisdiction where the offender or registrant was formerly domiciled or resided or was employed or enrolled and the law enforcement agency having jurisdiction where the offender or registrant is currently domiciled, residing, employed or enrolled.
[PL 2011, c. 663, §3 (NEW).]
B.
If the offender or registrant establishes a domicile, residence, place of employment or college or school being attended in another state, the bureau shall notify, within 3 days, the law enforcement agency having jurisdiction where the offender or registrant was formerly domiciled or resided or was employed or enrolled and the law enforcement agency having jurisdiction where the offender or registrant is currently domiciled, residing, employed or enrolled.
[PL 2011, c. 663, §3 (NEW).]
[PL 2011, c. 663, §3 (NEW).]
SECTION HISTORY
PL 2011, c. 663, §3 (NEW). PL 2015, c. 280, §§15, 16 (AMD).