An Act To Further Amend the Sex Offender Registration and Notification Act of 1999
Maine Legislature, Session 124, LD 1822
Committee: Criminal Justice and Public Safety pursuant to Joint Order, H
Amends: 34-A MRSA §11202-A, 34-A MRSA §11222, 34-A MRSA §11225-A

. SECOND REGULAR SESSION-2010 
Legislative Document 
No. 1822. 
H.P.1305 
House of Representatives, March 23,2010 
An Act To Further Amend the Sex Offender Registration and 
Notification Act of 1999 
(EMERGENCY) 
Reported by Representative HASKELL of Portland for the Joint Standing Committee on 
Criminal Justice and Public Safety pursuant to Joint Order, H.P. 1234; 
Printed on recycled pilper 
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./J1.1T/II£~~{ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency· preamble. Whereas, acts and resolves of the Legislature do not . 
become effective until 90 days after adjournmentunless enacted as eniergen?ies; and 
Whereas, in order for the Legislature to respond to the Law Court's concerns raised.· 
regarding the constitutionality of certain provisions of the Sex Offender Registration and 
Notification Act Of 1999 prior to the March 31, 2010 expiration of the stay of the Law 
Court's decision in State v. Letalien, this legislation must take effect as expeditiously as. 
possible; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservatio~ of the public peace, health imd safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 34-A MRSA §11202-A, as enacted by PL 2009, c. 365, Pt. B, §3 and 
. affected by §22, is amended to read: 
§11202-A. Exception 
1. 
Exception. 
Notwithstanding section 11202, a person sentenced on or after 
January 1, 1982 and prior to June 30, 1992 is not required to register under t,his chapter if 
that person submits to the bureau, in a form to be determined by the bureau, 
documentation to establish the following: . 
A The person was sentenced in the State on or after January 1, 1982 and prior to 
June 30, 1992 and was finaIly discharged trom the correctional system prior to 
September 1, 1998 at least 10 years prior to submitting documenfation to the bureau 
under this section; the person was sentenced in the State on or after June 30, 1992 and 
prior to September 18, ·1999 and was finally discharged from the correctional system 
at least 10 years prior to submitting documentation to the bureau under this section; 
the person was sentenced in another jurisdiction, was finally discharged from the 
correctional system at least 10 years prior to submitting documentation to the bureau 
under this section and has been in compliance with the registration duties ,as a 
resident required under subchapter 2 since September 12, 2009; or the person was 
sentenced in the State on or after September 18, 1999 and prior to July; 30, 2004 for a 
violation of former Title 17-A, section 252' and was, finally disehar.ged; from the 
correctional system at least 10 years prior to· submitting documentationl t0J the bureau, 
under this section. For purposes of this pm:agraph, "finally, dischru;ged from; the: 
.correctional system" includes completion of probation;;· 
B. The person's convictions do not include 'more' than. one Class A sex offense· or 
sexually violent offense or more than one. con:viCtion in anotherjudsdictfon fOli' an 
offense that contains the essential elements of a Class A sex offense or sexuaHy 
violent offense, whether or not the convrctions occurred on the same date; 
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C. Atthe time of the offense, the person hadnot been previously sentenced in'this 
State as an adult or as a juvenile sentenced as an adult for a sex offense or a sexually 
violent offense; 
D. 
At the time of the offense, the person had not been previously sentenced in 
another jurisdiction as an adult or as a juvenile sentenced as an adult for an offense 
that contains the essential elements of a sex offense or a sexually violent offense; 
E. 
Subsequent to the commission of conviction for the sex offense or sexually 
violent offense, the person has not been convicted of a crime under Title 1 i or Title 
17-A in this State that is punishable by imprisonment for a term of one year or more; 
and 
F. Subsequent to the commission of conviction for the sex offense or sexually violent 
offense, the person has not been convicted under the laws of anyother jurisdiction of 
a crime that is punishable by a term of imprisonment exceeding one year. 
This 
paragraph' does not include a c~ime under the laws of another jurisdiction that is 
classified by the laws of that jurisdiction as a misdemeanor and is punishable by a 
term of imprisonment of 2 years or less. 
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2. Duty continues. A person's duty to register continues until the bureau determines 
that the documentation meets the requirements of this section and any rules adopted by 
the bureau. 
,3. Costs. A person who submits documentation under this section is responsible for 
the costs of any criminal history record checks required. 
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4. 
Restoration of registration status. 
The registration obligation of a person 
sentenced on or after January I, 1982 and prior to June 30, 1992 that is discharged 
, pursuant to this section is restored by any subsequent conviction for a crime described in 
subsection 1, paragraph E or F. 
5. Appeal. A decision to deny an application for relief under this section is a final 
agency action, which may be appealed by filing a petition for review pursuant to Title 5, 
chapter 375, subchapter 7. 
6. Subsequent offenses and consideration of prior offense. If application for relief 
is approved and a duty to register is extinguished 'liIlder this section, and the person is 
subsequently sentenced for a new sex offense or sexually violent offense, the prior 
offense for which the duty to register was extinguished must be counted as a prior offense 
for the purposes of classifying the person as a lifetime registrant. 
Sec. 2. 34-A MRSA §11222, sub-§4, as amended by PL 2005, c. 423, § 1 7, is 
further amended to read: 
4. Verification for persons sentenced on or after September 18, 1999. During the 
period a registrant sentenced on or after September 18, 1999 is required to register, the 
bureau shall require the registrant to verify registration information including domicile, 
residence, mailing address, place of employment and college or school being attended. 
The bureau shall verify the registration information of ~ 10-year registrant on each 
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anniversary of the 10-,year registrant's initial registration date and shall verify a lifetime 
Pag!: 2 - 124LR2S92(OI)-1 
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registrant's registration information every 90 days after that lifetime registrant's initial 
registration d~te. Verification' of the. registration information of a 10-year registrant or 
. lifetime registrant occurs as set out in this subsection. 
A. At least 1 0 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 fomi is deemed received 3 days after mailing unless 
returned by postal authorities. 
C. The registrant shall take the completed verification form and a current photograph 
of the registrant to the law enforcement agency having jurisdiction within 5 days of 
receiptofthe form. 
D. 
The law enforcement agency having jurisdiction shall verify the registrant's 
identity, ' have' the registrant sign the verifi;ation 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. 
Sec. 3. 34-A MRSA §11222, sub-§4-A is enacted to read: 
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4-A. Verification for person sentenced on or after January 1, 1982 and prior to 
September 18, 1999 who is a 10-year registrant. During the period a 1 O-year registrant 
sentenced on or after January 1, 1982 and prior to September 18, 1999 is required to 
register, the bureau shall require the 10-year registrant to verifY registration information 
inciuding domicile, residence, mailing address, place of employment and college or 
school being attended. The bureau shall verify the registration information of a 10-year 
registrant in writing as provided by the bureau on each anniversary of the 10-year 
registrant's initial registration date and once every 5 years in person. Verification of the 
registration information of a 1 O-year registrant occurs as set out in this subsection. 
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 10-year 
registrant. The verification form is deemed received 3 days after mailing unless 
returned by postal authorities. 
B. The 10-year registrant shall mail to the, bureau the completed written verification 
form and a current photograph on each -anniversary of the 10-year registrant's initial 
registration date within 5 days of receipt ofthe form, except as provided in paragraph 
C. 
C In lieu of mailing the completed verification form under paragraph; Bi , the tOr-year 
registrant shall take the completed verification form. ami: a curr,en1! pi'I0tmgrapn; ofthe 
O~year registrant to the law enforcement agency having j.m;isdTct:ion. once' every 5 
years after the anniversary of the 'I O-year registrant's initiat r;egi'stra1!ion OF, inhere is 
a reason to believe the offender's appearance has changed: sjgnifieaJiltly~ the- law 
enforcement agency having jurisdiction or the bureau may instruct the-. 10-year 
registrant in writing: 
(1) To appear in person at the law enforcement agency having iurisdiction with a 
current photograph or to allow a photograph to be taken; or 
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(2) If authorized in writing by the law enforcement agency having jurisdiction 
for the bureau, to submit a new photograph without appearing in person. 
D. Whenever in-person' verification is mandated pursuant to paragraph C, the law 
enforcement agency having jurisdiction shall verifY the 10-year registrant's identity, 
have the 10-year 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. 
Sec.' 4. 34-A MRSA §11222, sub"'§4-B is enacted to read: 
4-B. Verification for person sentenced on or after January 1, 1982 and prior to 
September 18, 1999 who is a lifetime registrant. During the period a lifetime registrant 
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sentenced on or after January I, 1982 and prior to September 18, 1999 is required to 
register, the bureau shall require the lifetime registrantto verifY registration information 
including domicile, residence, mailing address, place of employment 'and college or 
school being attended. The bureau shall verifY the registration information of a lifetime 
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registrant in writing as provided by the bureau every 90 days after that lifetime 
registrant's initial registration date and once every 5 years in person. Verification of the 
registration information of a lifetime registrant occurs as set out in this subsection. 
A. At least 10 days prior to the required verification date, the bureau shall mail a 
nonforwardable verification form to the last repOlied mailing address of the lifetime 
registrant. The verification form is deemed received 3 days after mailing unless 
returned by postal authorities. 
B. The lifetime registrant shall mail to the bureau the completed written verification 
form and a current photograph every 90 days after that lifetime registrant's initial 
registration date within 5 days of receipt of the form, except as provided in paragraph 
C. 
C. In lieu of mailing the completed verification form under paragraph B, the lifetime 
registrant shall take the completed verification form and a current photograph of the 
lifetime registrant to the law enforcement agency having jurisdiction once every 5 
years after the anniversary of the lifetime registrant's initial registration or, if there is 
a reason to believe the lifetime registrant's appearance has changed significantly, the 
law enforcement agency having jurisdiction or thebureall may instruct the lifetime 
registrant in writing: 
(I) To appear in person at the law enforcement agency having jurisdiction with a 
current photograph or to allow a photograph to be taken; or 
(2) If authorized' in writing by the law enforcement agency having jurisdiction 
for the bureau, to submit a new photograph without appearing in person. 
D. Whenever in-person verification is mandated pursuant to paragraph C, the law 
enforcement agency having jurisdiction shall verify the lifetime registrant's identity" 
have the lifetime registrant sign the verification fonTI, take the lifetime registrant's 
fingerprints, complete the law enforcement pOliion of the verification form and 
immediately forward the fingerprints. photograph and form to the bureau. 
Sec. 5. 34-A MRSA §11225-A, sub..;§l, as enacted by PL 2005, c. 423, §22, is . 
amended to read: 
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1. 
Ten-year registrant convicted and sentenced in State.. The following 
provisions apply to a 1 O'-year registrant convicted and sentenced in this State. 
A. 
A 10 year registrant sentenced in this State on or after January I, 1982 \ ... hose 
. duty to register must be c?<,ercised pursuant to section 11222, subsection I ,A, 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' 11222. 
sllhsection I A. 
B. Al O-year registrant sentenced in this State on or after June 30, J 992 '.vhose duty 
to register must be exercised pursuant to section 11222, subsection 2 ,Ai or 2 B or a 
year registrant sentenced in this State on or after January 1, 1982 '; ... hose duty to 
register must be exercised pursuant to section 11222, subsection 2 C shall register for 
a period of 10 years. The 1 O-year period is calculated as follows. 
(1) If the 10-year registrant was sentenced prior to September 18, 1999 to a 
wholly suspended sentence with probation or administrative release 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 sentenc~ or at the time of .sentence imposition when no 
punishmentalternativ~ involving imprisonment was imposed, unless the court 
ordered a stay of execution; in which event the I O-year period is treated as having 
begun at the termination of the stay. 
(2) If the 10-year registrant was sentenced prior to September 18, 1999 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. 
(3) If the 10-year registrant was committed under Title IS, section 103 prior to 
September 18, 1999, the LO-year period is treated as having begun at the time of 
discharge or conditional release under Title 15, section 104-A. 
(4) If the 10-year registrant's registrant was sentenced prior to September 18: 
1999 and' the. person's duty to register has not yet been triggered, the 10-year 
period commences upon. registration by the person in compliance with section 
11222, subsection 'I-A, paragraph A, B or C .. 
(5) . If the 10-year registrant was sentenced on' or after Septemben lK ]:999, the 
O-year pei"iodcommences from the. date-the- person in fact initially registers .. 
Emergency claus.e. 
In. view of the emergency cited in the preamble; this 
legislation takes effect when-approved~. 
SUMMARY 
. On Decerriber 22, 2009, the Maine Law Court issued its decision in State v. Letalien, 
2009 ME 130. 
The Law Court held that "the retroactive application of the lifetime 
registration requirement and quarterly in-person verification procedures of SORNA of 
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1999 to offenders originalIy sentenced subject to SORA of 1991 and SORNA of 1995, 
without, at a minimum, affording those offenders any opportunity to ever be relieved of 
the duty as was permitted under those laws, is ... an unconstitutional ex post facto law .... " 
The Law Court stayed the mandate of the decision until March 31, 2010 in order to 
provide the Legislature the opportunity to deal with the issue. This bill of the Joint 
Standing Committee on Criminal Justice and Public Safety responds to the constitutional 
~oncern raised in Letalien in 2 ways. 
First; it amends the in-person verification provisions to conform with those of Alaska 
that were found constitutional by the United States Supreme Court in Smith v. Doe, 538 
U.S. 84 (2003). Maine's ex post facto clause is interpreted consistently with the United 
States Constitution, so this bilI provides for verification for persons retroactively required 
to register as lifetime registrants that is consistent with the . Alaska law found 
constitutional in Smith v. Doe. In particular, the bilI amends the verification of registry 
information for persons sentenced on or after January 1, 1982 and prior to September 18, 
1999. 
For 10-year .registrants sentenced during that time period, the Department of 
Public Safety, State Bureau of Identification shalI verify the registration information in 
writing as provided by the bureau on each anniversary of the registrant's initial 
registration date and once every 5 years in person. ,For lifetime registrants sentenced in 
that time period, the bureau shalI verify the registration information in writing as 
provided by the bureau every 90 days after that lifetime registrant's initial registration 
date and once every 5 years in person. The bilI also provides that if there is a reason to 
believe the offender's appearance has changed significantly, the law enforcement agency 
or the bureau may instruct the offender in writing to appear in person at the registration 
agency with a current photograph or to alIow a photograph to be taken or, if authorized in 
writing by the law enforcement agency or the bureau, to submit a new photograph 
with0ut appearing in person. 
Second, the bill' expands the provisions to alIow certain registrants to be relieved of 
their duty to register on application and proof of legislatively established factors. An 
additional waiver scheme that authorized registrants to petition the court for relief from 
the duty to register was not included in the bilI at this juncture due to a substantial fiscal 
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nqte from the judicial branch, but may be considered again in the next legislative session. 
SpecificalIy, the bilI expands. the existing exception that was enacted pursuant to . 
Public Law 2009, chapter 365 to alIow the opportunity for additional registrants to 
provide documentation t9 the State ,Bureau of Identification to determine if they qualify 
for relief from the duty to register. First, it alIows persons sentenced in Maine on or after 
June 30, 1992 and prior to September 18, 1999 who were finalIy discharged from the 
correctional system at least 10 years prior to applying for reI ief and who meet the other 
existing factors oUhe Maine Revised Statutes, Title 34-A, section 11202-A to apply. 
Second, it alIows persons sentenced in Maine on or after September 18, 1999 arid prior' to 
July 30, 2004 for a violation of fomer Title 17-A, section 252 who were finalIy 
discharged at least 10 years prior to applying for relief and who meet the other existing 
factors of Title 34-A, section 11202-A to apply. The former crime of rape was added to 
the list of registerable offenses pursuant to Public Law 2003, chapter 711, so people 
convicted of rape prior to that law, which became effective on July 30, 2004, were also 
retroactively made lifetime registrants. Finally, it, alIows persons sentenced in another 
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jurisdiction who were finally discharged from the correctional system at least 10 years 
prior to applying for relief, who have been in full compliance with the registration duties 
as a resident required under Title 34-A, section lli02-A,subsection 2 since September 
12,2009 and who meet the other existing criteria of Title 34-A, section 11202~A to apply. 
The intent of the amendments to Title 34-A, section 11202-A is to make the reiiefprocess 
available to Maine residents with out-of-state convictions, but not to encourage convicted 
offenders to move to Maine solely to evade registration requirements in their home states 
or in Maine. Accordingly, the legislation sets a date. of September 12, 2009, the original 
effective date of this statutory exception, as the deadline by which persons with out-of-
state convictions that require registration must be residents in compliance with Maine's 
Sex Offender Regist~ation and Notification Act of 1999 in order to qualify. This reduces. 
the likelihood that persons will move to Maine primarily to take advantage of the 
exception. It also reduces the likelihood of factual disputes over resideney status, as the 
detennination depends on registration and verification paperwork that the registrant must 
already have filed with the State Bureau of Identification as part of the registration and 
verification process, and in which the registrant would have identified his or her own· 
status. 
It decreases the burden on both the State Bureau of Identification and the 
applicant regarding obtaining documentation to establish residency for the purposes of 
the ex'ception. Finally, it significantly reduces the likelihood of applicants fabricating 
evidence of residency for the purposes of the exception. 
The bill also changes the calculation of the TO-year registrant start times in Title 
34-A, section 11225-A to make consistent the, calculation of the 10-year registration 
period imposed retroactively for 10:'year registrants sentenced January 1, 1982 to June 30, 
1992 with that for 10-year registrants sentenced June 30, 1992 to September 17, 1999. 
FISCAL NOTE REQUIRED 
(See attached) 
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Approved: 03119/10 
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LR2592(01) 
An Act To Further Amend the Sex Offender Registration and Notification Act of 1999 
Preliminary .Fiscal Impact Statement for Original Bill 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Preliminary Fiscal Impact Statement 
Current biennium cost increase - ARRA Funds 
Fiscal Detail and Notes 
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The Department of Public Safety will require a one-time Federal Expenditures Fund - ARRA allocation of $90,961 in 
fiscal year 2010-11 for one Paralegal position, related All Other costs and computer programming costs to implement 
the requirements of this legislation. Funds exist within the Department of Public Safety's ARRA account to cover 
these costs and the costs incurred by the Department of Corrections. The allocation of these funds will be 
accomplished through a financial order upon approval of the Govemor.The additional one-time cost to the 
Department of Corrections is estimated to be $20,000. This bill also expands the potential number of appeals that may 
be filed in the Superior Court. Appeals filed by registered sex offenders under current law have not resulted in a 
significant increase in caseload. 
LR2592(01) - Fiscal Note - Page 1 of 1