Maine Revised Statutes Title 34-A Sec. 11285 – Duration of registration
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The following provisions govern the duration of registration. [PL 2011, c. 663, §3 (NEW).]
1. Offender convicted and sentenced in State for Tier I offense. An offender convicted and sentenced in this State for a Tier I offense shall register for a period of 10 years. The 10-year period commences from the date the person in fact initially registers once the legal duty arises under section 11282, subsection 2.
[PL 2011, c. 663, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 34-A Sec. 11285
- Another state: means each of the several states except Maine, and includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Mariana Islands. See Maine Revised Statutes Title 34-A Sec. 11273
- Bureau: means the Department of Public Safety, Bureau of State Police, State Bureau of Identification. See Maine Revised Statutes Title 34-A Sec. 11273
- Conviction: A judgement of guilt against a criminal defendant.
- Domicile: means the place where a person has that person's established, fixed, permanent or ordinary dwelling place or legal residence to which, whenever the person is absent, the person has the intention of returning. See Maine Revised Statutes Title 34-A Sec. 11273
- Jurisdiction: means the Federal Government, including the military, this State, another state or a tribe. See Maine Revised Statutes Title 34-A Sec. 11273
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Offender: means a person to whom this chapter applies pursuant to section 11272. See Maine Revised Statutes Title 34-A Sec. 11273
- Registrant: means a Tier I registrant, Tier II registrant or Tier III registrant. See Maine Revised Statutes Title 34-A Sec. 11273
- Residence: means that place or those places, other than a domicile, in which a person may spend time living, residing or dwelling. See Maine Revised Statutes Title 34-A Sec. 11273
- Statute: A law passed by a legislature.
- Tier I offense: means a conviction for a Class E or Class D crime under the following or for an attempt, solicitation or conspiracy to commit a Class E, Class D or Class C crime under the following if the victim was less than 18 years of age at the time of the criminal conduct unless otherwise specified:
A. See Maine Revised Statutes Title 34-A Sec. 11273Tier I registrant: means a person who is an adult convicted and sentenced or a juvenile convicted and sentenced as an adult for a Tier I offense. See Maine Revised Statutes Title 34-A Sec. 11273 Tier II offense: means a conviction for a Class C crime under the following, or for an attempt, solicitation or conspiracy to commit a Class B crime under the following, if the victim was less than 18 years of age at the time of the criminal conduct unless otherwise specified:
A. See Maine Revised Statutes Title 34-A Sec. 11273Tier II registrant: means a person who is an adult convicted and sentenced or a juvenile convicted and sentenced as an adult for a Tier II offense. See Maine Revised Statutes Title 34-A Sec. 11273 Tier III offense: means a conviction for a Class B or Class A crime under the following or for an attempt, solicitation or conspiracy to commit a Class A crime under the following:
A. See Maine Revised Statutes Title 34-A Sec. 11273Tier III registrant: means a person who is an adult convicted and sentenced or a juvenile convicted and sentenced as an adult for a Tier III offense or as provided for under section 11285, subsection 7. See Maine Revised Statutes Title 34-A Sec. 11273
2. Offender convicted and sentenced in another jurisdiction for Tier I offense. An offender convicted and sentenced in another jurisdiction and required to register in this State pursuant to section 11283 or 11284 shall register for a period of 10 years or as provided in subsection 7. The following provisions apply.
A. A Tier I registrant shall register in this State for a period of 10 years if, pursuant to the other jurisdiction’s sex offender registration statute, the registration period is for a period of no more than 10 years. The 10-year period commences from the date the person in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284. However, the Tier I registrant may receive day-for-day credit for the time actually registered pursuant to the other jurisdiction’s sex offender registration statute prior to registering in this State upon applying to the bureau for credit. The bureau may grant credit if the registrant provides sufficient documentation in accordance with any rules adopted by the bureau. [PL 2011, c. 663, §3 (NEW).]
B. A Tier I registrant shall register for a period of 10 years if registration was not required in that other jurisdiction and the person has been sentenced in that jurisdiction for a crime that includes the essential elements of a Tier I offense. The 10-year period commences from the date the person in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284. However, the Tier I registrant may receive day-for-day credit from the time of sentencing in the other jurisdiction to when the offender in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284 and upon applying to the bureau for credit. The bureau may grant credit if the registrant provides sufficient documentation in accordance with any rules adopted by the bureau. [PL 2011, c. 663, §3 (NEW).]
[PL 2011, c. 663, §3 (NEW).]
3. Offender convicted and sentenced in State for Tier II offense. An offender convicted and sentenced in this State for a Tier II offense shall register for a period of 25 years. The 25-year period commences from the date the person in fact initially registers once the legal duty arises under section 11282, subsection 2.
[PL 2011, c. 663, §3 (NEW).]
4. Offender convicted and sentenced in another jurisdiction for Tier II offense. An offender convicted and sentenced in another jurisdiction and required to register in this State pursuant to section 11283 or 11284 shall register for a period of 25 years. The following provisions apply.
A. A Tier II registrant shall register in this State for a period of 25 years if, pursuant to the other jurisdiction’s sex offender registration statute, the registration period is for a period of more than 10 years and no more than 25 years. The 25-year period commences from the date the person in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284. However, the Tier II registrant may receive day-for-day credit for the time actually registered pursuant to the other jurisdiction’s sex offender registration statute prior to registering in this State upon applying to the bureau for credit. The bureau may grant credit if the registrant provides sufficient documentation in accordance with rules adopted by the bureau. [PL 2011, c. 663, §3 (NEW).]
B. A Tier II registrant shall register for a period of 25 years if registration was not required in that other jurisdiction and the person has been sentenced in that jurisdiction for a crime that includes the essential elements of a Tier II offense. The 25-year period commences from the date the person in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284. However, the Tier II registrant may receive day-for-day credit from the time of sentencing in the other jurisdiction to when the offender in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284 and upon applying to the bureau for credit. The bureau may grant credit if the registrant provides sufficient documentation in accordance with any rules adopted by the bureau. [PL 2011, c. 663, §3 (NEW).]
[PL 2011, c. 663, §3 (NEW).]
5. Offender convicted and sentenced in State for Tier III offense. An offender convicted and sentenced in this State for a Tier III offense shall register for the duration of the offender’s life.
[PL 2011, c. 663, §3 (NEW).]
6. Offender convicted and sentenced in another jurisdiction for Tier III offense. An offender convicted and sentenced in another jurisdiction and required to register in this State pursuant to section 11283 or 11284 shall register for the duration of the registrant’s life.
A. A Tier III registrant shall register in this State for the duration of the registrant’s life if, pursuant to the other jurisdiction’s sex offender registration statute, the registration period is for the duration of the offender’s life. [PL 2011, c. 663, §3 (NEW).]
B. A Tier III registrant shall register in this State for the duration of the registrant’s life if registration was not required in that other jurisdiction and the person was convicted and sentenced in that jurisdiction for a crime that includes the essential elements of a Tier III offense. [PL 2011, c. 663, §3 (NEW).]
[PL 2011, c. 663, §3 (NEW).]
7. Additional offense. Notwithstanding section 11273, subsections 14 and 15, a person who has been convicted and sentenced at any time for 2 or more offenses each of which is a Tier I offense or Tier II offense or includes the essential elements of a Tier I offense or Tier II offense is required to register as a Tier III registrant. For purposes of this subsection, convictions that occur on the same day count as separate offenses.
[PL 2011, c. 663, §3 (NEW).]
8. Suspending verifications. Notwithstanding any other provision of this section, the bureau, pursuant to any rules the bureau may adopt, may suspend the requirement that the registrant or offender verify registration information during any period in which a registrant or offender:
A. Leaves this State, establishes a domicile or residence in another state and remains physically absent from this State; [PL 2015, c. 280, §17 (NEW).]
B. Is incarcerated; or [PL 2015, c. 280, §17 (NEW).]
C. Is incapacitated or hospitalized. [PL 2015, c. 280, §17 (NEW).]
[PL 2015, c. 280, §17 (RPR).]
9. Relief from duty to register. The following provisions apply to relief from the duty to register.
A. An offender’s or a registrant’s duty to register is not required if the circumstances triggering the registration requirements under section 11283 or 11284 no longer exist. [PL 2011, c. 663, §3 (NEW).]
B. If the underlying conviction in this State or in another jurisdiction that triggers the registration requirement is reversed, vacated or set aside or if the offender or registrant is pardoned for the crime, registration is no longer required. [PL 2011, c. 663, §3 (NEW).]
[PL 2011, c. 663, §3 (NEW).]
SECTION HISTORY
PL 2011, c. 663, §3 (NEW). PL 2015, c. 280, §17 (AMD).