An Act To Amend the Sex Offender Registration and Notification Laws
Maine Legislature, Session 121, LD 1514
Committee: Criminal Justice and Public Safety
Sponsors: O'BRIEN, CARPENTER
Amends: 34-A MRSA §11203, 34-A MRSA §11221, 34-A MRSA §11222, 34-A MRSA §11254

Legislative Document 
No. 1514 
H.P.l107 
House of Representatives, April 2, 2003 
An Act To Amend the Sex Offender Registration and Notification 
Laws 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative O'BRIEN of Augusta. 
Cosponsored by Senator CARPENTER of York. 
Printed on rec;ycled paper 
7tl~ 
/J7·mtU:~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 34-A MRSA §11203, sub-§6, ,A, as enacted by PL 1999, 
c. 437, §2, is amended to read: 
A. 
A violation under Title 17, section 2922, 2923 or 2924; 
Sec. 2. 34-A MRSA §11221, sub-§I, ,B, as enacted by PL 1999, 
c. 437, §2, is amended to read: 
437, 
437, 
B. 
Place 
attended, 
location; 
of employment 
if applicable, 
elO 
and 
and the 
Sec. 3. 34-A MRSA §11221, sub-§5, 
§2, is repealed. 
Sec. 4. 34-A MRSA §11221, sub-§6, 
§2, is repealed and the following 
college or school being 
corresponding address and 
as enacted by PL 1999, c. 
as enacted by PL 1999, c. 
enacted in its place: 
6. 
Distribution of 
information 
to 
department 
and 
law 
enforcement agencies. 
The bureau shall distribute information 
described in subsection 1 to the department and law enforcement 
agencies having jurisdiction over the address and location of the 
sex offender's or sexually violent predator's domicile, place of 
employment and college or school being attended. 
Sec. 5. 34-A MRSA §11221, sub-§§8 to 10 are enacted to read: 
8. 
Criminal justice agency access to information. 
The 
bureau shall provide access 
to 
the 
information described in 
subsection 1 to criminal justice agencies. 
For purposes of this 
subsection, "criminal justice agency" has the same meaning as in 
Title 16, section 611, subsection 4. 
9. 
Public access to information. 
The bureau shall provide 
information to the public as follows. 
A. 
The 
bureau shall post 
on 
the 
Internet 
for 
public 
inspection 
the 
following 
information 
concerning 
a 
sex 
offender or sexually violet predator: 
(1) 
The sex offender's or sexually violent predator's 
name, date of birth and photograph; 
(2) 
The sex offender's or sexually violent predator's 
city or town of domicile; 
( 3) 
The sex offender's or sexually violent predator's 
place 
of 
employment 
and 
college 
or 
school 
being 
attended, if applicable, and the corresponding address 
and location: and 
(4) 
The statutory citation and name of the offense for 
which the sex offender or sexually violent predator was 
convicted. 
B. 
Upon receiving a written request that includes the llame 
and date of birth of a sex offender or sexually violent 
predator, the bureau shall provide the following information 
concerning a sex offender or sexually violet predator to the 
requestor: 
(1) 
The sex offender's or sexually violent predator's 
name, 
aliases, 
date 
of 
birth, 
sex, 
race, 
height, 
weight. eye color. mailing address and home address or 
domicile: 
(2) 
The sex offender's or sexually violent predator's 
~ce of 
employment 
and 
college 
or 
school 
being 
attended, if applicable, and the corresponding address 
and location: 
(3) 
A description of the offense for which the sex 
offender or sexually violent predator was convicted, 
the date of conviction and the sentence imposed: and 
(4) 
The sex offender's or sexually violent predator's 
photograph. 
10. 
Sex offender or sexua11y vio1ent predator access to 
information. 
Pursuant to Title 16, section 620, the bureau shall 
provide all information described in subsection 
to 
a 
sex 
offender or sexually violent predator who requests that person's 
own information. 
Sec. 6. 34uA MRS A §11222, sub-§2, 1[B, as enacted by PL 1999, 
c. 437, §2, is amended to read: 
B. 
Inform the sex offender or sexually violent predator 
that if the 
sex 
offender 
or 
sexually violent predator 
changes domicile, place of employment or college or school 
being 
attended, 
the 
sex 
offender 
or 
sexually 
violent 
predator shall give the new address to the bureau in writing 
within 10 days; 
Sec. 7. 34-A MRSA §11222, sub-§5, as enacted by PL 1999, c. 
437, §2, is amended to read: 
5. 
Change of domicile, place of employment or colleqe or 
school beinq attended. 
A 
sex 
offender 
or 
sexually violent 
predator shall notify the bureau in writing of 
a 
change of 
domicile, place of employment or college or school being attended 
within 10 days after eSGaBlishiR~ that aemieile change. 
A. 
If 
the 
sex 
offender 
or 
sexually violent 
predator 
establishes a new domicile, place of employment or college 
or school being attended in the State, 
the bureau shall 
notify, 
within 
days, 
both the 
law enforcement 
agency 
having 
jurisdiction where 
the 
sex 
offender 
or 
sexually 
violent 
predator 
was 
formerly 
domiciled, 
employed 
or 
enrolled 
and the law enforcement agency having jurisdiction 
where 
the 
sex offender or sexually violent predator is 
currently domiciled, employed or enrolled. 
B. 
If 
the 
sex 
offender 
or 
sexually violent 
predator 
establishes a domicile, 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 
sex offender or 
sexually violent 
predator was formerly domiciled, 
employed or enrolled and 
the law enforcement agency having jurisdiction where the sex 
offender 
or 
sexually 
violent 
predator 
is 
currently 
domiciled, employed or enrolled. 
Sec. 8. 34·A MRSA §§11223 and 11224, as enacted by PL 1999, 
c. 437, §2, are amended to read: 
§11223. 
Duty of person establishinq domicile to reqister 
A person required under another jurisdiction to register as 
a-~-effeRael'--()-{"--6eH\la:l:ly--¥-i-o-~-~l'eaaGeI'T pursuant to that 
jurisdiction's 
sex 
offender 
registration 
statute 
or 
who 
is 
convicted of a eimilal' sex offense or sexually violent offense iR 
aR8GheF--}a~iseieEieRT that would require registration 
~n this 
State shall register as 
a 
sex 
offender or 
sexually violent 
predator within 10 days of establishing domicile in this State. 
The person shall contact the bureau, 
which shall provide the 
person with the registration form and direct the person to take 
the form and a photograph of the person to the law enforcement 
agency having jurisdiction. 
The 
law enforcement agency shall 
supervise 
the 
completion 
of 
the 
form, 
take 
the 
person's 
fingerprints and immediately forward the form, 
photograph and 
fingerprints to the bureau. 
§11224. 
Duty of person employed or attendinq colleqe or school to 
reqister 
A person who 
is required under 
another 
jurisdiction to 
register as-~~~~~aG&~-e~-~~~~~~~-p~eQa~e~ pursuant 
to that jurisdiction's sex offender registration statute because 
the person is domiciled in another state or who is convicted of a 
simila~ sex 
offense 
or 
sexually violent offense 
iR--aRe~Re~ 
:i-1HisQie~ieR the would reguire registration in this State shall 
register as a sex offender within 10 days of beginning full-time 
or part-time employment, wi th or without compensation, for more 
than 14 consecutive days or for an aggregate period exceeding 30 
days in a calendar year or beginning college or school on a 
full-time or part-time basis in this State. 
The person shall 
contact 
the 
bureau, 
which 
shall provide 
the 
person with 
a 
registration form and direct the person to take the form and a 
photograph of the person to the law enforcement agency having 
jurisdiction. 
The 
law enforcement agency shall supervise the 
completion of 
the 
form, 
take 
the person's 
fingerprints 
and 
immediately forward the form, photograph and fingerprints to the 
bureau. 
Sec. 9. 34-A MRSA §11254, as enacted by PL 2001, c. 439, Pt. 
000, §15, is amended to read: 
§11254. 
Mandatory notification of conditional release or 
discharge of sex offenders 
The department, county jails, state mental health institutes 
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. 
The department, a county jailor a state mental 
health institute 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 
predator 
will 
work 
and 
applicable; 
sex offender or 
attend 
college 
sexually violent 
or 
school, 
if 
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 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, 
che 
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 
9li'L work or 
attend college or school. 
SUMMARY 
This 
bill 
makes 
several 
changes 
to 
the 
registration and notification laws. 
Specifically, 
the fOllowing. 
sex 
offender 
the bill does 
1. 
It expands the definition of "sex offense" to include 2 
crimes regarding sexual exploitation of minors. 
The crimes of 
dissemination of sexually explicit materials and possession of 
sexually explicit materials are added to the definition of "sex 
offense." 
2. 
It 
repeals 
a 
provision 
of 
law 
that 
requires 
the 
Department of Public Safety, State Bureau of Identification to 
maintain 
a 
directory 
of 
sexually 
violent 
predators. 
This 
provision is redundant, since the Maine Revised Statutes, Title 
34-A, section 11221, subsection 1 requires the bureau to maintain 
a registry of all persons required to register under the chapter. 
3. 
It clarifies 
the 
process 
for 
distribution 
of 
sex 
offender and sexually violent predator registration information 
to the Department of Corrections and law enforcement agencies and 
clarifies what access to that information the public and sex 
offenders or sexually violent predators have. 
4. 
It clarifies that a 
sex offender or sexually violent 
predator shall notify the Department of Public Safety, 
State 
Bureau of Identification in writing when that person's place of 
employment or college or school changes, as a 
sex offender or 
sexually violent predator is required to do for 
a 
change in 
domicile. 
5. 
Since every state does not use the terms "sex offender" 
and 
"sexually violent predator," this bill specifies that 
a 
person required under another jurisdiction to register pursuant 
to that jurisdiction's registration statute shall register in 
this State when establishing domicile here or when employed or 
attending school here. 
6. 
It adds county j ails and state mental health institutes 
to the list of entities tequired to provide notification to the 
Department of Public Safety, State Bureau of Identification of a 
sex offender's or sexually violent predator's conditional release 
or discharge from that entity's facility.