An Act To Amend the Sex Offender Registration and Notification Act of 1999
Maine Legislature, Session 122, LD 1433
Committee: Criminal Justice and Public Safety
Sponsors: BLANCHETTE, DIAMOND
Amends: 34-A MRSA §11202, 34-A MRSA §11203, 34-A MRSA §11204, 34-A MRSA §11221, 34-A MRSA §11222, 34-A MRSA §11223, 34-A MRSA §11224, 34-A MRSA §11225

Legislative Document 
No. 1433 
H.P.997 
House of Representatives, March 22, 2005 
An Act To Amend the Sex Offender Registration and Notification 
Act of 1999 
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 BLANCHETTE of Bangor. 
Cosponsored by Senator DIAMOND of Cumberland. 
Printed on recycled paper 
77/~ 
/J7.71l~{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 34-A MRSA §11202, as repealed and replaced by PL 
2003, c. 711, Pt. C, §5 and affected by Pt. D, §2, is repealed 
and the following enacted in its place: 
§11202. Application 
This chapter applies to: 
1. 
Ten-year registrant or lifetime registrant. 
A 10-year 
registrant or lifetime registrant who has been sentenced in any 
jurisdiction on or after June 30, 1992: and 
2. 
Person required to register. 
A person sentenced in a 
jurisdiction other than Maine at any time if that person was 
reguired 
to 
register 
as 
a 
10-year 
registrant 
or 
lifetime 
registrant or would have been reguired to register as such if the 
person had remained in that jurisdiction. 
Sec. 2. 34-A MRSA § 11203, sub-§4-E is enacted to read: 
4-E. 
Prior 
conviction. 
"Prior 
conviction" 
means 
a 
conviction 
that 
occurred 
at 
any 
time. 
For 
purposes 
of 
registration 
reguirements 
pursuant 
to 
this 
chapter, 
multiple 
convictions that result from or are connected with the same act 
or that result from offenses committed at the 
same 
time are 
considered one 
conviction unless 
the offenses 
were 
committed 
against more than one victim. 
More than one prior conviction may 
have occurred on the same day. 
Sec. 3. 34-A MRSA §11203, sub-§6, 1[A, as amended by PL 2003, 
c. 371, §2, is repealed. 
Sec. 4. 34-A MRS A §11203, sub-§6, 1[C, as enacted by PL 1999, 
c. 437, §2, is amended to read: 
C. 
A violation 
ef--aa--9~~ease in another 
jurisdiction, 
including, but not limited to, a state, federal, military or 
tribal court, that includes the essential elements of an 
offense listed in paragraph A-eF B. 
Sec. 5. 34-A MRSA §11204 is enacted to read: 
§11204. 
Rul.emaiing 
The 
bureau 
may 
adopt 
rules necessary to 
implement this 
chapter. 
Rules adopted pursuant to this chapter are routine 
technical rules as defined by Title 5, chapter 375, subchapter 
Page l-LR0377 (1) 
Sec. 6. 34-A MRSA §11221, sub-§6, as amended by PL 2003, c. 
711, Pt. C, §19 and affected by Pt. D, §2, is further amended to 
read: 
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 
registrant's domicile, residence, place of employment and college 
or school being attended. 
Sec. 7. 34-A MRSA §11221, sub-§l1 is enacted to read: 
11. 
Maintenance by bureau. 
Only the bureau may maintain a 
sex offender registry on the Internet for purposes of public 
access as described in subsection 9. 
Law enforcement agencies 
may maintain their own sex offender registries for internal use 
only by those agencies and may provide a link to the bureau's 
Internet sex offender registry. 
Sec. 8. 34-A MRSA §11222. sub-§4, 1[A, as amended by PL 2003, 
c. 711, Pt. C, §2l and affected by Pt. D, §2, is further amended 
to read: 
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. 
Sec. 9. 34-A MRS A §11222, sub-§5, last 1[, as enacted by PL 1999, 
c. 437, §2, is repealed. 
Sec. 10. 34-A MRSA §11223, as amended by PL 2003, c. 711, Pt. 
C, §22 and affected by Pt. D, §2, is further amended to read: 
§11223. 
Duty of person estab1ishing domicile or residence to 
register 
A 
person 
convicted 
and 
sentenced 
for 
an 
offense 
that 
includes the essential elements of a 
sex offense or sexually 
violent offense in a juriSdiction other than Maine and required 
under 
aR9~aeF ~ 
jurisdiction to register pursuant to that 
jurisdiction's sex offender registration statute or, if not so 
required, 
who has been convicted and sentenced for an offense 
that includes the essential elements of a sex offense or sexually 
violent 
offense 
shall 
register 
as 
a 
10-year 
registrant 
or 
lifetime registrant, whichever is applicable, within 5 days and 
shall notify the law enforcement agency having jurisdiction wi~a 
within 24 hours of establishing domicile or residence 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. 
Sec. 11. 34-A MRSA §11224, 
as amended by PL 2003, 
Pt. 
C, 
§22 
and affected by Pt. 
D, 
§2, 
is repealed 
following enacted in its place: 
c. 
and 
711, 
the 
§11224. 
Duty of person employeQ or attending college or school 
The 
following 
provisions 
govern 
registration duties 
for 
persons employed or attending college or school in this State. 
1. 
Time. 
A person convicted 
and 
sentenced in another 
jurisdiction who is required under that jurisdiction to register 
pursuant to that jurisdiction's sex offender registration statute 
or, if not so required, who has been convicted and sentenced for 
an offense that includes the essential elements of a sex offense 
or 
sexually 
violent 
offense 
shall 
register 
as 
a 
10-year 
~gistrant or 
lifetime 
registrant, 
whichever 
is 
applicable, 
within 5 days and shall notify the law enforcement agency having 
jurisdiction: 
A • 
Wi thi n 
hour s 
f 
beg i nni n."g~-"f,-,u",l"-,l",-=---",t-",i"-,-m",e,----,o,-,r'-----1p"-,a",-r"-,-",t_--,,,t,,,,i,,-,-m-,,,<e 
employment, with or without compensation, for more than 14 
consecutive days or for an aggregate period exceeding 30 
days in a calendar year in this State; or 
B. 
Within 24 hours of beginning college or school on a 
full-time or part-time basis in this State. 
2. 
Proc~ for notif~i~ bur~au. 
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 aMncy 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. 12. 34-A MRS A §11225, sub-§I, as amended by PL 2003, c. 
711, Pt. C, §23 and affected by Pt. D, §2, is further amended to 
read: 
1. 
Ten-year 
registrant. 
A 
peFsen--£~~-~it~~--~Re 
Qe~inisie&-e~-a 10-year registrant shall register for a period of 
• 
years from the initial date of registration pursuant to this 
chapter, except that a 10-year registrant required to register 
because that registrant established a 
domicile in this State 
sUbsequent to being required to register pursuant to another 
jurisdiction's sex offender registration statute, or who would 
have been required to register in that jurisdiction if the person 
were domiciled there, for a period of years other than life shall 
register for 
a 
maximum of 
years 
from the date when that 
registrant 
was 
first 
required 
to 
register 
in 
the 
other 
jurisdiction. 
A Fet6eH-€emJR~-~~£J~~~~~~~~~&~f-a 10-year 
registrant who has been sentenced from June 30, 1992 to September 
17, 
1999 
shall 
register 
for 
a 
period of 
years, 
to 
be 
calculated as follows. 
A. 
If the la-year registrant was sentenced to a wholly 
suspended 
sentence 
with 
probation 
or 
to 
a 
punishment 
alternative not involving imprisonment, the 10-year period 
is treated as having begun at the time the person commenced 
an actual execution of the wholly suspended sentence or at 
the 
time 
of 
sentence 
imposition 
when 
no 
punishment 
alternative involving imprisonment was imposed, unless the 
court ordered 
a 
stay of 
execution, 
in which event 
the 
la-year period is treated as having begun at the termination 
of the stay. 
B. 
If the la-year registrant was sentenced to a straight 
term of imprisonment or to a split sentence, the 10-year 
period is treated as having begun at the time of discharge 
or conditional release. 
C. 
If the la-year registrant was committed under Title 15, 
section 103, the la-year period is treated as having begun 
at the time of discharge or conditional release under Title 
15, section 104-A. 
D. 
If the la-year registrant's duty to register has not yet 
been 
triggered, 
the 
la-year 
period 
will 
commence 
upon 
registration by the person in compliance with section 11222, 
subsection I-A, paragraph A, B or C. 
Sec. 13. 34-A MRSA §11225, sub-§2, as amended by PL 2003, c. 
711, Pt. C, §23, and affected by Pt. D, §2, is repealed and the 
following enacted in its place: 
2. 
Lifetime registrant. 
The following provisions govern 
lifetime registration. 
A. 
A lifetime registrant who has been sentenced on or after 
June 
30, 
1992 
shall register for 
the duration of 
that 
registrant's life. 
B. 
A 
person 
sentenced 
before 
June 
30, 
1992 
who 
has 
established a domicile in this State subsequent to being 
required to register pursuant to another jurisdiction's sex 
offender registration statute for a lifetime or who would 
have been required to register in that jurisdiction for a 
lifetime if the person were domiciled there or who is a 
lifetime registrant shall register for the duration of the 
registrant's life. 
Sec. 14. 34-A MRS A §11225, sub-§5 is enacted to read: 
5. 
Credit for time registered in another jurisdiction. 
A 
10-year registrant may apply to the bureau for credit for time 
reg is t ere din ano the r juri s di c_t i o.-"n...,.'-------"T~h~e'__""b_"u'_"r'_'e<__'a"'_u"'___"m""'a ... y<___"'g...,r'-'a=n=t__'c"_'r"_e",-=d=it 
upon a 
registrant's providing documentation in accordance wi th 
rules adopted by the bureau. 
This 
bill 
Notification 
Act 
following. 
SUMMARY 
amends 
the 
of 
1999. 
Sex 
Offender 
Registration 
Specifically, 
the bill 
does 
and 
the 
1. 
It clarifies that the Act applies to persons sentenced 
at any time in jurisdictions other than Maine if those persons 
were required to register or would have been required to register 
in those other jurisdictions if they had remained there. 
2. 
It clarifies that "prior conviction" means a conviction 
that occurred at any time. 
It specifies that convictions that 
resul t 
from or are connected with the same act or result from 
offenses committed at the same time are considered one conviction 
unless the offenses were committed against more than one victim. 
More than one prior conviction may have occurred on the same day. 
3. 
It repeals language made unnecessary by Public Law 2003, 
chapter 711, which redefined "sex offense" and defined the terms 
"another state" and "jurisdiction." 
4. 
It gives the Department of Public Safety, State Bureau 
of 
Identification authority to 
adopt 
routine 
technical 
rules 
necessary to implement registration and notification practices. 
5. 
It adds the duty of a registrant to give notification of 
the registrant's residence in Maine. 
6. 
It 
Identification 
specifies 
that 
may 
maintain 
a 
only 
the 
State 
Bureau 
sex 
offender 
registry 
on 
of 
the 
.. 
• 
Internet for purposes of public access. 
Law enforcement agencies 
may maintain their own sex offender registries for internal use 
only and may provide a link to the bureau's Internet sex offender 
registry. 
7. 
It clarifies the duration of registration for persons 
who 
come to Maine 
and were required to register pursuant to 
another jurisdiction's sex offender registration statute or who 
would have been required to register in that other jurisdiction 
if the person were domiciled there. 
8. 
It allows a 10-year registrant to apply to the State 
Bureau 
of 
Identification for 
credit 
for 
time 
registered in 
another 
jurisdiction. 
The 
bureau 
may 
grant 
credit 
upon 
a 
registrant's providing documentation in accordance with rules 
adopted by the bureau. 
9. 
It clarifies that a domicile verification form mailed by 
the State Bureau of Identification to the last known address 
provided by a registrant during the period that the registrant is 
required to register is deemed received 3 days after mailing 
unless returned to the bureau by postal authorities .