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PUBLIC LAWS OF MAINE
First Regular Session of the 120th

PART OOO

     Sec. OOO-1. 17-A MRSA §15, sub-§1, ¶A, as amended by PL 2001, c. 389, §1, is further amended to read:

     Sec. OOO-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. OOO-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. OOO-4. 17-A MRSA §1252, sub-§4-A, as enacted by PL 1997, c. 460, §5, is amended to read:

     4-A. If the State pleads and proves that, at the time any crime, excluding murder, under chapter 9, 11, 13 or 27 was committed, the defendant had been convicted of 2 or more crimes violating chapter 9, 11, 13 or 27 or essentially similar crimes in other jurisdictions, the sentencing class for the crime is one class higher than it would otherwise be. In the case of a Class A crime, the sentencing class is not increased, but the prior record must be given serious consideration by the court when imposing a sentence. For purposes of this subsection, for violations under chapter 11, the dates of the prior convictions may have occurred at any time. For purposes of this subsection, for violations under chapter 9, 13 or 27, the dates of the prior convictions must precede the commission of the offense being enhanced by no more than 10 years, although both prior convictions may have occurred on the same date. This subsection does not apply if the 2 prior offenses were committed within a 3-day period. The date of a conviction is deemed to be the date that sentence is imposed, even though an appeal was taken. The date an offense was committed is presumed to be the date stated in the complaint, information or indictment, notwithstanding the use of the words "on or about" or the equivalent.

     Sec. OOO-5. 34-A MRSA cc. 11 and 13, as amended, are repealed.

     Sec. OOO-6. 34-A MRSA §11201, as enacted by PL 1999, c. 437, §2, is amended to read:

§11201. Short title

     This chapter may be known and cited as the "Sex Offender Registration and Notification Act of 1999." The purpose of this chapter is to protect the public from potentially dangerous sex offenders and sexually violent predators by enhancing access to information concerning sex offenders and sexually violent predators.

     Sec. OOO-7. 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 on or after the effective date of this chapter June 30, 1992.

     Sec. OOO-8. 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. OOO-9. 34-A MRSA §11203, sub-§6, ¶B, as enacted by PL 1999, c. 437, §2, is amended to read:

     Sec. OOO-10. 34-A MRSA §11203, sub-§8, ¶B, as enacted by PL 1999, c. 437, §2, is amended to read:

     Sec. OOO-11. 34-A MRSA §11222, sub-§2-A is enacted to read:

     2-A. Sex offenders or sexually violent predators convicted from June 30, 1992 to September 17, 1999. Sex offenders or sexually violent predators convicted from June 30, 1992 to September 17, 1999 shall register with the bureau by September 1, 2002, unless sooner notified of a duty to register by the bureau, the Department of Corrections or a law enforcement officer, in which case the sex offender or sexually violent predator shall register with the bureau within 10 days of notice.

     Sec. OOO-12. 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. A sex offender or sexually violent predator convicted from June 30, 1992 to September 17, 1999 shall register for 10 years from the date of conviction if the sex offender or sexually violent predator was not sentenced to a period of institutional confinement, or for 10 years from the date of discharge or conditional release if the sex offender or sexually violent predator was sentenced to a period of institutional confinement.

     Sec. OOO-13. 34-A MRSA §11227, as enacted by PL 1999, c. 437, §2, is amended to read:

§11227. Violation

     A sex offender or sexually violent predator who fails to register or update the information required under this chapter commits a Class D crime, except that a violation of this section when the sex offender or sexually violent predator has 2 or more prior convictions in this State for violation of this chapter is a Class C crime. For purposes of this section, the dates of both of the prior convictions must precede the commission of the offense being enhanced by no more than 10 years, although both prior convictions may have occurred on the same day. The date of the conviction is deemed to be the date that sentence is imposed, even though an appeal was taken. The date of a commission of a prior offense is deemed to be that stated in the complaint, information or indictment, notwithstanding the use of the words "on or about" or the equivalent. It is an affirmative defense that the failure to register or update information resulted from just cause, except that sex offenders and sexually violent predators convicted from June 30, 1992 to September 17, 1999 may not raise a defense under just cause that they were not aware of the registration requirement.

     Sec. OOO-14. 34-A MRSA §11251, as enacted by PL 1999, c. 437, §2, is repealed.

     Sec. OOO-15. 34-A MRSA §§11253 to 11256 are enacted to read:

§11253. 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.

§11254.   Mandatory notification of conditional release or discharge of sex offenders

     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:

     2. Duties of the 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 in subsection 1 to all law enforcement agencies that have jurisdiction in those areas where the sex offender or sexually violent predator may reside or work.

§11255. 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 under section 11254, subsection 1 to members of the public 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 11254, subsection 2, a law enforcement agency shall notify members of a municipality that the law enforcement agency determines appropriate to ensure public safety.

§11256. 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. OOO-16. 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.

     Sec. OOO-17. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Part.

2001-02 2002-03

PUBLIC SAFETY, DEPARTMENT OF
State Police

Appropriates funds for the General Fund share of the costs of one additional Data Entry Specialist position starting on October 1, 2001 and one additional Data Entry Specialist position starting on July 1, 2002. These positions are necessary to process an expanded sex offender registration program.

     Sec. OOO-18. Allocation. The following funds are allocated from the Highway Fund to carry out the purposes of this Part.

2001-02 2002-03

PUBLIC SAFETY, DEPARTMENT OF
State Police

Allocates funds for the Highway Fund share of the costs of one additional Data Entry Specialist position starting on October 1, 2001 and one additional Data Entry Specialist position starting on July 1, 2002. These positions are necessary to process an expanded sex offender registration program.

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