An Act To
Maine Legislature, Session 125, LD 1514
Committee Amendment CA_A_H873 (House)
Amends: 5 MRSA §12004-I

COMMITTEE AMENDMENT" A" to H.P. 1117, L.D. 1514, Bill, "An Act To 
Amend the Sex Offender Registration Laws" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §12004-I, sub-§74-G is enacted to read: 
74-G. 
Public Safety 
Sex Offender Risk 
Not Authorized 
Assessment 
Advisory 
Commission 
Sec. 2. 17-A MRSA Pt. 5 is enacted to read: 
PARTS 
RISK ASSESSMENT OF SEX OFFENDERS 
CHAPTERS7 
17-AMRSA§1401 
SEX OFFENDER RISK ASSESSMENT ADVISORY COMMISSION 
§1401. Establishment 
The Sex Offender Risk Assessment Advisory Commission, referred to in this chapter 
as "the commission," established by Title 5, section 12004-1, subsection 74-G, is created 
for the purpose of conducting a continuing study of methods that may be used to predict 
the risk of recidivism by a sex offender and to develop a method that may be used for 
such purposes. For purposes of this chapter, "sex offender" has the same meaning as 
"offender" in Title 34-A, section 11273, subsection 10. 
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§1402. Membership; terms; vacancies 
1. 
Composition; qualifications. The COlmmSSlOn is composed of 7 members, 
appointed by the Attorney General. The members may be qualified by reason of their 
expertise in sex offender matters, including but not limited to risk assessment methods, 
corrections, sex offender law and the prosecution or defense of sex offender crimes. 
2. Terms. Members of the commission serve for a term of 2 years and may be 
reappointed. Members continue to serve until their replacements are designated. 
3. Vacancy. In the event of the death or resignation of a member, the Attorney 
General shall appoint a member to complete the unexpired term. 
§1403. Duties; powers 
1. Development of risk assessment. The commission shall: 
A. 
Develop a plausible risk assessment method for reviewing and analyzing 
precursors to the commission of a sex offense, victim populations of sex offenders, 
living conditions and environment of a registrant or a sex offender and other factors 
predisposing a person to become a registrant or a sex offender and for the ongoing 
purpose of identifying risk factors; 
B. 
Continue to evaluate the plausibility, implementation and application of sex 
offender risk assessments; and 
C. Consult with experts in the field of sex offender matters, including but not limited 
to state or federal agencies, courts, correctional facilities, organizations whose affairs 
pertain to sex offender matters and other interested parties as the commission 
determines necessary. 
2. Recommendations. The commission may submit to the Legislature, at the start 
of each legislative session, recommendations regarding a sex offender risk assessment 
method. The commission may also make recommendations regarding sex offender risk 
assessment to agencies of the executive branch, the judicial branch and the Legislature or 
to any other entity the commission determines appropriate. 
For purposes of this section, "registrant" has the same meaning as in Title 34-A, 
section 11273, subsection 11. 
§1404. Organization; meetings 
The Attorney General shall notify all members of the commission of the time and 
place of the first meeting of the commission. At that meeting, the commission shall elect 
a chair. vice-chair and secretary-treasurer and adopt provisions regarding the 
administration of the commission and its affairs. The commission may meet as frequently 
as the commission determines necessary. 
§1405. Expenses 
Members of the commission may not be compensated for expenses incurred or 
related to the activities of the commission. 
Sec. 3. 34-A MRSA c. 17 is enacted to read: 
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CHAPTER 17 
SEX OFFENDER REGISTRATION AND NOTIFICATION ACT OF 2013 
§11271. Short title 
SUBCHAPTER 1 
GENERAL PROVISIONS 
This chapter may be known and cited as "the Sex Offender Registration and 
Notification Act of 2013." The purpose of this chapter is to protect the public from 
potentially dangerous registrants and offenders by enhancing access to information 
concerning those registrants and offenders. 
§11272. Application 
This chapter applies to: 
1. Maine. A person who commits criminal conduct and is sentenced in this State on 
or after January 1, 2013 as an adult or as a juvenile sentenced as an adult for that criminal 
conduct and that criminal conduct is a Tier I offense, Tier II offense or Tier III offense; 
and 
2. Other jurisdictions. A person who commits criminal conduct and is sentenced in 
another jurisdiction for that criminal conduct on or after January 1, 2013 as an adult or as 
a juvenile sentenced as an adult: 
A. For an offense that requires registration in the jurisdiction of conviction pursuant 
to that jurisdiction's sex offender registration laws or that would have required 
registration had the person remained there; 
B. For an offense that contains the essential elements of a Tier I offense, Tier II 
offense or Tier III offense; or 
C. For a military, tribal or federal offense requiring registration pursuant to: 
(1) The federal Jacob Wetterling Crimes Against Children and Sexually Violent 
Offender Registration Act, also known as the Jacob Wetterling Act, Section 
170101 of the federal Violent Crime Control and Law Enforcement Act of 1994, 
Public Law 103-322, as amended: or 
(2) The federal Adam Walsh Child Protection and Safety Act of 2006, Public 
Law 109-248, 42 United States Code, Chapter 151. 
§11273. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Another state. "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. 
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2. Bureau. "Bureau" means the Department of Public Safety, Bureau of State 
Police, State Bureau of Identification. 
3. 
Conditional release. 
"Conditional release" means supervised release of a 
registrant or an offender from institutional confinement for placement on probation, 
parole, intensive supervision, supervised release for sex offenders, supervised community 
confinement, home release monitoring or release under Title 15, section 104-A or Title 
17-A, chapter 54-G. 
4. Discharge. "Discharge" means unconditional release and discharge of a registrant 
from institutional confinement upon the expiration of a sentence or upon discharge under 
Title 15, section 104-A. 
5. 
Domicile. 
"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. A person may 
have more than one residence but only one domicile. 
6. FBI. "FBI" means the Federal Bureau of Investigation. 
7. 
Jurisdiction. 
"Jurisdiction" means the Federal Government, including the 
military, this State, another state or a tribe. 
S. 
Law enforcement agency having jurisdiction. 
"Law enforcement agency 
having jurisdiction" means the chief of police in the municipality where a registrant or an 
offender expects to be or is domiciled. If the municipality does not have a chief of police, 
"law enforcement agency having jurisdiction" means the sheriff of the county where the 
municipality is located. "Law enforcement agency having jurisdiction" also means the 
sheriff of the county in an unorganized territory. 
9. Motor vehicle. "Motor vehicle" means a vehicle that is required to be registered 
pursuant to Title 29-A. section 351. 
10. Offender. "Offender" means a person to whom this chapter applies pursuant to 
section 11272. 
11. Registrant. "Registrant" means a Tier I registrant, Tier II registrant or Tier III 
registrant. 
12. Residence. "Residence" means that place or those places, other than a domicile, 
in which a person may spend time living, residing or dwelling. Proof that an offender has 
lived in the State for 14 days continuously or an aggregate of 30 days within a period of 
one year gives rise to a permissible inference under the Maine Rules of Evidence, Rule 
that the person has established a residence for the purposes of registration 
requirements imposed by this chapter. 
13. Sentence. "Sentence," in addition to any punishment alternatives, includes an 
involuntary commitment under Title 15, section 103. or similar statute from another 
jurisdiction, following a verdict of not criminally responsible by reason of insanity or 
similar verdict in another jurisdiction. 
14. Tier I offense. "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 
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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. Title 17-A, chapter 11 including the following: 
(1) Title l7-A, section 255-A, subsection 1, paragraph C, regardless of the age of 
the victim; 
(2) Title 17 -A, section 255-A, subsection 1, paragraph F -2, regardless of the age 
of the victim; 
(3) Title l7-A, section 255-A, subsection 1, paragraph G, regardless of the age of 
the victim; 
(4) Title l7-A, section 255-A, subsection 1, paragraph Q, regardless of the age of 
the victim; 
(5) Title 17 -A, section 255-A, subsection 1, paragraph W, regardless of the age 
of the victim; and 
(6) Title 17-A, section 255-A, subsection 1, paragraph X, regardless of the age of 
the victim; 
B. Title 17-A, chapter 12; 
C. Title 17 -A, section 511, subsection 1, paragraph D, regardless of the age of the 
victim; 
D. Title 17-A, section 556, subsection 1, paragraph A, regardless of the age of the 
victim; 
E. Title 17-A, section 855, subsection 1, paragraph A; and 
F. A military, tribal or federal offense requiring registration pursuant to the federal 
Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 
United States Code, Chapter 151. 
If, pursuant to another jurisdiction's sex offender registration statute, the registration 
period is a period of up to 10 years or if the sex offender was not required to register in 
that other jurisdiction but the crime includes the essential elements of an offense included 
in this subsection, the crime is a Tier I offense. 
"Tier I offense" does not include unlawful sexual contact under Title 17 -A, section 
255-A, subsection 1, paragraph U or unlawful sexual touching under Title 17-A, section 
260. 
15. Tier II offense. "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, Title 17-A, chapter 11 including the following: 
(1) Title 17-A, section 253, subsection 2, paragraph J, if the victim had attained 
years of age at the time of the offense; 
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(2) Title 17-A, section 253, subsection 2, paragraph K, regardless of the age of 
the victim; 
(3) Title 17-A, section 253, subsection 2, paragraph L, regardless of the age of 
the victim; 
(4) Title 17 -A, section 255-A, subsection 1, paragraph J, regardless of the age of 
the victim; 
(5) Title 17-A, section 255-A, subsection 1, paragraph R-I, regardless of the age 
of the victim; 
(6) Title 17-A, section 255-A, subsection 1, paragraph R-2, regardless of the age 
of the victim; and 
(7) Title 17-A, section 258, subsection I-A, if the victim had not attained 12 
years of age; 
B. Title 17-A, chapter 12; 
C. Title 17-A, section 855, subsection 1, paragraph B; and 
D. A military, tribal or federal offense requiring registration pursuant to the federal 
Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 
United States Code, Chapter 151. 
If, pursuant to another jurisdiction's sex offender registration statute, the registration 
period is a period of more than 10 years but less than 26 years or if the sex offender was 
not required to register in that other jurisdiction but the crime includes the essential 
elements of an offense included in this subsection, the crime is a Tier II offense. 
"Tier II offense" does not include unlawful sexual contact under Title 17 -A, section 
255-A, subsection 1. paragraph V or unlawful sexual touching under Title 17-A, section 
260. 
16. Tier III offense. "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. Title 17 -A, chapter II; 
B. Title 17-A, chapter 12; 
C. Title 17-A, section 301, subsection 1, paragraph A, subparagraph (3); 
D. Title 17-A, section 852, subsection 1; and 
E. A military, tribal or federal offense requiring registration pursuant to the federal 
Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 42 
United States Code, Chapter 151. 
If. pursuant to another jurisdiction's sex offender registration statute, the registration 
period is a period of more than 25 years or if the sex offender was not required to register 
in that other jurisdiction but the crime includes the essential elements of an offense 
included in this subsection. the crime is a Tier III offense. 
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17. Tier I registrant. "Tier 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. 
18. Tier II registrant. "Tier 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. 
19. Tier III registrant. 
"Tier 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. 
20. Tribe. "Tribe" means the Passamaquoddy Tribe, the Penobscot Nation or the 
Houlton Band of Maliseet Indians. 
§11274. Rulemaking 
The bureau may adopt rules necessary to implement this chapter. Rules adopted 
pursuant to this section are routine technical rules as defined by Title 5, chapter 375, 
subchapter 2-A. 
SUBCHAPTER 2 
SEX OFFENDER REGISTRATION 
§11281. Maintenance of sex offender registry 
1. Maintenance of registry. The bureau shall establish and maintain a registry of 
persons required to register pursuant to this subchapter, referred to in this section as "the 
registry." The registry must include the following infonnation on each registrant: 
A. The registrant's name, aliases, date of birth, sex, race, height, weight, eye color, 
land line and cellular telephone numbers, Internet identifiers. mailing address and 
physical location of expected domicile and residence. For purposes of this paragraph, 
"Internet identifiers" means e-mail addresses and other designations used for self-
identification or routing in Internet communication or posting; 
B. Place of employment and college or school being attended, if applicable, and the 
corresponding mailing address and physical location; 
C. Offense history; 
D. A current photograph and set of fingerprints; 
E. A description of the offense for which the registrant was convicted, the date of 
conviction and the sentence imposed; 
F. Whether the registrant is a Tier I registrant, Tier II registrant or Tier III registrant; 
G. A copy of any driver's license infonnation and copy of the driver's license; 
H. A copy of any professional license; 
I. Passport and immigration documents and social security number; 
J. Temporary lodging and dates of travel: 
K. Infonnation about motor vehicles owned, leased or used and registration and 
location of those motor vehicles. For purposes of this paragraph, "lease" means a 
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transfer of the right to possession and use of a motor vehicle for a term of 30 days or 
more in return for consideration; and 
L. Any other information the bureau determines important. 
2. National or regional registry. The bureau is authorized to make the registry 
available to and accept files from a national or regional registry of registrants for the 
purpose of sharing information. 
3. Registration form. The bureau shall develop a standardized registration form to 
be made available to the appropriate reporting authorities and persons required to register. 
4. 
Verification form. 
The bureau shall develop and mail a nonforwardable 
verification form to the last reported mailing address of each person required to meet the 
verification requirements of this chapter. 
5. 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 mailing address and physical 
location of the registrant's domicile, residence, place of employment and college or 
school being attended, if applicable. 
6. 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. 
7. Public access to registrant information. The bureau shall provide infonnation 
to the public as follows. 
A. 
The bureau shall post on the Internet for public inspection the following 
information concerning a registrant who is a Tier I registrant, Tier II registrant or Tier 
III registrant: 
(1) The registrant's name, aliases and date of birth and a current photograph; 
(2) The registrant's city or town of domicile and residence; 
(3) The registrant's place of employment and college or school being attended, if 
applicable, and the corresponding mailing address and physical location; 
(4) The statutory citation and name of the offense for which the registrant was 
convicted; 
(5) Whether the registrant is a Tier I registrant, a Tier II registrant or a Tier III 
registrant; 
(6) Verification requirements and date of last verification; and 
(7) The registrant's address and its location on a map. 
B. The bureau shall establish an e-mail notification system to alert a member of the 
public who has subscribed annually to the e-mail notification system when a 
registrant moves into the subscriber's geographic area. 
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C. Upon receiving a written request that includes the name and date of birth of a 
registrant, the bureau shall provide the following information concerning a registrant 
to the requestor: 
(1) The registrant's name, aliases, date of birth, sex, race, height, weight, eye 
color, mailing address and physical location of domicile and residence; 
(2) The registrant's place of employment and college or school being attended, if 
applicable, and the corresponding mailing address and physical location; 
(3) A description of the offense for which the registrant was convicted, the date 
of conviction and the sentence imposed; and 
(4) The registrant's photograph. 
8. Registrant access to information. The bureau shall provide all information 
described in subsection 1 to a registrant who requests that person's own infonnation. 
9. Registry information. Registry infonnation created, collected or maintained by 
the bureau, including, but not limited to, information relating to the identity of persons 
accessing the registry, is confidential except information provided to the public pursuant 
to subsection 7. 
10. Maintenance by bureau. Only the bureau is authorized to maintain a sex 
offender registry on the Internet for purposes of public access. 
11. Law enforcement agency website. Notwithstanding subsection 10, a law 
enforcement agency may maintain its own sex offender website and may make that 
information available for use by the public if: 
A. A notice is prominently posted on the website that expressly states that the 
website is not the official state sex offender registry under subsection 7, paragraph A 
and that the law enforcement agency posting the website is solely responsible for the 
website's content; 
B. The website provides a link to the bureau's Internet sex offender registry under 
subsection 7, paragraph A; 
C. The website contains information regarding only registrants who are domiciled, 
reside, attend college or school or work within the posting law enforcement agency's 
jurisdiction; and 
D. The information on the website is updated by the law enforcement agency as 
frequently as available resources permit, but no less often than every 7 days. The law 
enforcement agency shall also prominently post on the website the date and time of 
the most recent update to the website. 
12. 
Access to registrant information existing in electronic form restricted. 
Notwithstanding Title 1, chapter 13: 
A. Except for information provided pursuant to subsection 2 and made available to 
the public through the bureau's website pursuant to subsection 7, paragraph A, the 
bureau may not disseminate in electronic form information about a registrant that is 
created, collected or maintained in electronic form by or for the bureau; and 
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B. Except for information made available to the public through a website maintained 
by a law enforcement agency pursuant to subsection 11, a law enforcement agency 
may not disseminate in electronic form information about a registrant that is collected 
or maintained in electronic form by or for that law enforcement agency. 
§11282. Duty of offender to register 
1. Notification by court, department, bureau or law enforcement agency. An 
offender has a duty to register under this chapter after notification has been given to the 
offender by a court of jurisdiction, the department, the bureau or a law enforcement 
agency. The court shall notify the offender at the time of sentence of the duty to register 
pursuant to this chapter. Notification of the duty to register under this chapter also may 
be given to the offender at any time after the imposition of sentence. 
At any time, the bureau may correct the term of a registration erroneously assigned to an 
offender or registrant. In such instances. the bureau shall notify the offender or registrant. 
the district attorney and the court in the jurisdiction where the conviction occurred and 
the law enforcement agency having jurisdiction where the offender or registrant is 
domiciled. resides, is employed or attends college or school, if applicable. 
2. When duty to register must be exercised. Following notification by a court, the 
department, the bureau or a law enforcement agency under subsection 1, an offender shall 
register as follows. 
A. If the offender is sentenced to a wholly suspended sentence with probation or 
administrative release. or to a punishment alternative not involving imprisonment. the 
duty to register is triggered at the time the person commences in actual execution of 
the wholly suspended sentence or at the time of sentence imposition when no 
punishment alternative involving imprisonment is imposed, unless the court orders a 
stay of execution, in which event the duty is triggered by the termination of the stay. 
B. If the offender is sentenced to a straight term of imprisonment or to a split 
sentence, the duty to register is triggered by discharge or conditional release. 
C. If the offender is committed under Title 15, section 103, the duty to register is 
triggered by discharge or conditional release under Title 15, section 104-A. 
D. If the events stated in paragraphs A to C have passed, an offender must register 
within 3 days after having received notice of that duty from a court, the department, 
the bureau or a law enforcement agency. 
E. Proof that the name and date of birth of the person notified of the duty to register 
pursuant to this chapter are the same as those of a person who has been found not 
guilty by reason of insanity or convicted of an offense requiring registration pursuant 
to this chapter gives rise to a permissible inference under the Maine Rules of 
Evidence, Rule 303 that the person notified of the duty to register is the same person 
as that person convicted of the offense requiring registration. 
3. Duty to notify law enforcement agency. An offender shall notify the law 
enforcement agency having jurisdiction in those areas where the offender is domiciled, 
resides, works or attends school within 24 hours of becoming a domiciliary or a resident 
or beginning work or attending school. If the location is a municipality with an organized 
municipal police department, the law enforcement agency having jurisdiction is the 
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municipal police department. If the location is a school having an organized police 
department, the law enforcement agency having jurisdiction is the campus police 
department. If the location is neither a municipality nor a school with an organized police 
department. the law enforcement agency having jurisdiction is the sheriffs department. 
4. Responsibility of ensuring initial registration. The department, the county jail 
or the state mental health institute that has custody of an offender shall inform the 
offender, prior to discharge or conditional release, of the duty to register. If an offender 
does not serve a period of institutional confinement, the court shall inform the offender at 
the time of sentencing of the duty to register. The department, county jail, state mental 
health institute or court shall: 
A. Inform the offender of the duty to register and obtain the information required for 
the initial registration; 
B. Inform the offender of the requirement to notify the law enforcement agency 
having jurisdiction pursuant to subsection 3; 
C. Inform the offender that if the offender changes domicile or changes residence, 
place of employment or college or school being attended, the offender shall give the 
new address to the bureau in writing within 3 days and shall notify the law 
enforcement agency having jurisdiction within 24 hours; 
D. Inform the offender that if that offender changes domicile to another jurisdiction, 
the offender shall register the new address with the bureau and if the new jurisdiction 
has a registration requirement, the offender shall register with a designated law 
enforcement agency in the new state not later than 3 days after establishing domicile 
in the new state; 
E. Inform the offender that if that offender has part-time or full-time employment in 
another state, with or without compensation, for more than 14 consecutive days or for 
an aggregate period exceeding 30 days in a calendar year or if that offender enrolls in 
any type of school in another state on a part-time or full-time basis, the offender shall 
give the bureau the offender's place of employment or school to be attended in 
writing within 3 days after beginning work or attending school and if the other state 
has a registration requirement, shall register with the designated law enforcement 
agency in the other state; 
F. Obtain fingerprints and a current photograph of the offender. The court may order 
the offender to submit to the taking of fingerprints and a photograph at a specified 
law enforcement agency within 3 days if the fingerprints and photograph have not 
already been obtained in connection with the offense that necessitates registration; 
and 
G. Enforce the requirement that the offender read and sign a form provided by the 
bureau that states that the duty of the offender to register under this section has been 
explained. 
5. 
Transfer of initial registration information to bureau and FBI. 
The 
department, county jail, state mental health institute or court within 3 days of receipt of 
the information described in subsection 4 shall forward the information to the bureau. If 
the court orders the offender to submit to the taking of fingerprints and a photograph at a 
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specified law enforcement agency, the law enforcement agency shall submit the 
fingerprints and photograph to the bureau within 3 days. The bureau shall immediately 
enter the information into the registration system, notify the law enforcement agencies 
having jurisdiction where the offender expects to be domiciled and reside and transmit 
the information to the FBI for inclusion in the national FBI sex offender database. 
6. Verification. 
During the period a registrant is required to register, the bureau 
shall require the registrant to verify all registration information. The following provisions 
govern the verification of registration information. 
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. 
B. 
The registrant shall bring the completed verification fonn and a current 
photograph of the registrant to the law enforcement agency having jurisdiction within 
days of receipt of the fonn. 
C. 
The law enforcement agency having jurisdiction shall verify the registrant's 
identity, have the 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. 
7. 
Frequency of verification. 
The frequency of in-person verification of 
registration information is dependent upon the registrant's tier classification as follows. 
A. A Tier III registrant shall register for the duration of the registrant's life and shall 
verify registration information every 90 days after the registrant's initial registration 
date. 
B. 
A Tier II registrant shall register for 25 years and shall verify registration 
information every 180 days after the registrant's initial registration date. 
C. 
A Tier I registrant shall register for 10 years and shall verify registration 
information annually after the registrant's initial registration date. 
8. Change of domicile, residence, place of employment or college or school being 
attended. An offender or registrant shall notify the bureau in writing of a change of 
residence, domicile, place of employment or college or school being attended within 3 
days and shall notify the law enforcement agency having jurisdiction within 24 hours 
after changing that domicile, residence, place of employment or college or school being 
attended. 
A. 
If the offender or registrant establishes a new domicile, residence, place of 
employment or college or school being attended in the State, the bureau shall notify, 
within 3 days, both the law enforcement agency having jurisdiction where the 
offender or registrant was formerly domiciled or resided or was employed or enrolled 
and the law enforcement agency having jurisdiction where the offender or registrant 
is currently domiciled, residing, employed or enrolled. 
B. 
If the offender or registrant establishes a domicile, residence, place of 
employment or college or school being attended in another state, the bureau shall 
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notify, within 3 days, the law enforcement agency having jurisdiction where the 
offender or registrant was fonnerly domiciled or resided or was employed or enrolled 
and the law enforcement agency having jurisdiction where the offender or registrant 
is currently domiciled, residing, employed or enrolled. 
§11283. Duty of person establishing domicile or residence in this State to register 
A person who has been sentenced for a military, tribal or federal offense requiring 
registration pursuant to the federal Adam Walsh Child Protection and Safety Act of 2006, 
Public Law 109-248, 42 United States Code, Chapter 151 or in a jurisdiction other than 
this State who is required under that jurisdiction to register pursuant to that jurisdiction's 
sex offender registration statute or would have been required to register if the person had 
remained in the jurisdiction or, if not so required, who has been sentenced for an offense 
that includes the essential elements of a Tier I, Tier II or Tier III offense shall register as a 
Tier I registrant. a Tier II registrant or a Tier III registrant, whichever is applicable, within 
days and shall notify the law enforcement agency having jurisdiction 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 
fonn and a current photograph of the person to the law enforcement agency having 
jurisdiction. The law enforcement agency shall supervise the completion of the foOll, take 
the person's fingerprints and immediately forward the foOll, photograph and fingerprints 
to the bureau. 
§11284. Duty of person employed or attending college or school in this State to 
register 
The following provisions govern registration duties for a person not domiciled or 
residing in this State but who is employed or attending college or school in this State. 
1. Time. A person who has been sentenced for a military, tribal or federal offense 
requiring registration pursuant to the federal Adam Walsh Child Protection and Safety 
Act of 2006, Public Law 109-248,42 United States Code, Chapter 151 or in a jurisdiction 
other than this State and who is required under that jurisdiction to register pursuant to that 
jurisdiction's sex offender registration statute or would have been required to register if 
the person had remained in that jurisdiction or, if not so required, who has been sentenced 
for an offense that includes the essential elements of a Tier I, Tier II or Tier III offense 
shall register as a Tier I registrant, a Tier II registrant or a Tier III registrant, whichever is 
applicable, within 3 days and shall notify the law enforcement agency having jurisdiction: 
A. Within 24 hours of beginning full-time or part-time 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. Process for notifying bureau. The person under subsection 1 shall contact the 
bureau, which shall provide the person with a registration form and direct the person to 
take the form and a current photograph of the person to the law enforcement agency 
having jurisdiction. The law enforcement agency shall supervise the completion of the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT·A" to H.P. 1117, L.D. 1514 
form. take the person's fingerprints and immediately forward the form, photograph and 
fingerprints to the bureau. 
§11285. Duration of registration 
The following provisions govern the duration of registration. 
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. 
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. 
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. 
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. 
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 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT,A"tOH.P. 1117,L.D. 1514 
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. 
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. 
S. 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. 
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. 
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. 
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. 
8. 
Periods when domiciled or residing outside State or incarcerated. 
Notwithstanding any other provision of this section, during any period in which a 
registrant or offender leaves this State, establishes a domicile or residence in another state 
and remains physically absent from this State or is incarcerated, the bureau, pursuant to 
any rules the bureau may adopt, may suspend the requirement that the registrant or 
offender verify registration information. 
9. Relief from duty to register. The following provisions apply to relief from the 
duty to register. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A "toH.P. 1117,L.D. 1514 
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. 
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. 
§11286. Duty of person traveling beyond the jurisdiction of the United States 
An offender shall notify the bureau at least 21 days prior to travel beyond the 
jurisdiction of the United States. The offender shall provide the bureau with information 
about the date of departure from and return to the United States and the destination 
beyond the jurisdiction of the United States. 
§11287. Fee 
The bureau may charge a $25 annual fee to persons required to register under this 
chapter. Registrants shall pay the fee at the time of initial registration and shall pay the 
fee on each anniversary of their initial registration. 
The fee must be credited to the General Fund and the Highway Fund in an amount 
consistent with budgeted appropriations and allocations in the fiscal year of the credit. 
§11288. Violation 
1. Failure to comply; first offense. An offender who in fact fails to comply with 
any duty imposed under this chapter or a rule adopted pursuant to this chapter commits a 
Class D crime. 
2. Failure to comply; 2nd offense. A person who has one prior conviction under 
this section and who in fact fails to comply with any duty imposed under this chapter or a 
rule adopted pursuant to this chapter commits a Class C crime. 
3. Failure to comply; 3rd offense. A person who has 2 or more prior convictions 
under this section and who in fact fails to comply with any duty imposed under this 
chapter or a rule adopted pursuant to this chapter commits a Class B crime. 
4. Strict liability. Violation of this section is a strict liability crime as defined in 
Title 17-A, section 34, subsection 4-A. 
5. Prior convictions. Title 17-A, section 9-A governs the use of prior convictions 
when determining a sentence. 
6. Affirmative defense. It is an affirmative defense that the failure to comply with a 
duty imposed under this chapter or a rule adopted pursuant to this chapter resulted from 
just cause. 
7. Permissible inference. Proof that the name and date of birth of the person 
charged with a violation of this section are the same as those of a person who has been 
sentenced for an offense requiring registration pursuant to this chapter gives rise to a 
permissible inference under the Maine Rules of Evidence, Rule 303 that the person 
charged with a violation of this section is the same person as that person convicted of the 
offense requiring registration. 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENTi1 "toH.P.1117,L.D. 1514 
§11289. Certification by record custodian 
Notwithstanding any other law or rule of evidence, a certificate by the custodian of 
the records of the bureau, when signed and sworn to by that custodian, or the custodian's 
designee, is admissible in a judicial or administrative proceeding as prima facie evidence 
of any fact stated in the certificate or in any documents attached to the certificate. 
§11301. Immunity from liability 
SUBCHAPTER 3 
NOTIFICATION 
Neither the failure to perform the requirements of this chapter nor compliance with 
this chapter subjects any state, municipal or county official or employee to liability in a 
civil action. The immunity provided under this section applies to the release of relevant 
information to other officials or employees or to the general public. 
§11302. Community education 
The department shall provide law enforcement agencies technical assistance 
concerning community education curricula for pumoses of notification to the public of a 
registrant's conditional release or discharge. 
§11303. Mandatory notification of conditional release or discharge of registrants 
The department, county jails, state mental health institutes and the bureau are 
governed by the following notice provisions when a registrant is conditionally released or 
discharged. 
1. Duties. The department, a county jailor a state mental health institute shall give 
the bureau notice of the following: 
A. The address where the registrant will be domiciled and reside; 
B. 
The address where the registrant will work and attend college or school, if 
applicable; 
C. The mailing address of the registrant; and 
D. The geographic area to which a registrant's conditional release is limited, if any. 
2. Duties of the bureau. Upon receipt of the information concerning the conditional 
release or discharge of a registrant pursuant to subsection 1, the bureau shall forward the 
information to all law enforcement agencies that have jurisdiction in those areas where 
the registrant may be domiciled, reside, work or attend college or school. 
§11304. Public notification 
1. Department. Upon the conditional release or discharge of a registrant from a 
state correctional institution, the department shall give notice of the information under 
section 11303, subsection 1 to members of the public the department determines 
appropriate to ensure public safety. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 1117, L.D. 1514 
2. Law enforcement agencies. Upon receipt of the information concerning the 
conditional release or discharge of a registrant pursuant to section 11303, subsection 2, a 
law enforcement agency shall notify members of the public that the law enforcement 
agency determines appropriate to ensure public safety. 
Sec. 4. Review of Colorado's Sex Offender Management Board. The Sex 
Offender Risk Assessment Advisory Commission, established in the Maine Revised 
Statutes, Title 5, section 12004-1, subsection 74-G shall review the structure and duties of 
Colorado's Sex Offender Management Board established under the Colorado Revised 
Statutes, section 16-11.7-101 through section 16-11.7-107. The commission shall report 
its findings and recommendations regarding Colorado's Sex Offender Management Board 
to the joint standing committee of the Legislature having jurisdiction over criminal justice 
and public safety matters on or before January 5, 2013. The joint standing committee 
may report out a bill implementing the recommendations of the commission to the First 
Regular Session of the 126th Legislature. 
Sec. 5. Appropriations and allocations. The following appropriations and 
allocations are made. 
ATTORNEY GENERAL, DEPARTMENT OF THE 
Administration - Attorney General 0310 
Initiative: Provides funds for one Assistant Attorney General position and related costs to 
provide legal advice concerning the Sex Offender Registration and Notification Act of 
2013. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
ATTORNEY GENERAL, DEPARTMENT OF 
THE 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2011-12 
2012-13 
0.000 
1.000 
$0 
$78,101 
$0 
$5,178 
$0 
$83,279 
2011-12 
2012-13 
$0 
$83,279 
$0 
$83,279 
PUBLIC SAFETY, DEPARTMENT OF 
State Police 0291 
Initiative: Provides one-time funding for programming changes to the sex offender 
registry. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A"tOH.P.1117,L.D.1514 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS 
FEDERAL EXPENDITURES FUND 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
SECTION TOTAL - ALL FUNDS 
SUMMARY 
This amendment makes the following changes to the bill: 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
$0 
2012-13 
$100,000 
$100,000 
2012-13 
$100,000 
$100,000 
2012-13 
$83,279 
$100,000 
$183,279 
1. It changes the effective date of the application of new registration and notification 
changes from October 15, 2011 to January 1, 2013; 
2. It removes provisions dealing with risk assessment and establishes an ongoing Sex 
Offender Risk Assessment Advisory Commission to conduct an ongoing study of 
methods to predict the risk of recidivism by sex offenders; 
3. It removes the offense classification method in the bill, which listed each offense 
specifically under each tier level. This amendment replaces that method with one based 
on the classification of the crime. In general, Class E and Class D crimes are Tier I 
offenses, Class C crimes are Tier II offenses and Class B and Class A crimes are Tier III 
offenses; 
4. It removes the section of the bill regarding exceptions to the duty to register; 
5. It changes the time a registrant has to notify the Department of Public Safety of a 
change of residence, place of employment or college or school being attended from 5 
days to 3 days; 
6. It adds telephone numbers, Internet identifiers and driver's license, passport and 
immigration documents and vehicle information to the list of information the Department 
of Public Safety must collect from sex offender registrants for the department's registry 
database; 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT 'A" to H.P. 1117, L.D. 1514 
7. It requires the Department of Public Safety, State Bureau of Identification to 
establish an e-mail notification system to alert a member of the public who has subscribed 
to the e-mail notification system when a registrant moves into the subscriber's geographic 
area; 
8. It provides that a registrant who commits a subsequent sex offense must register 
for life; 
9. It requires a registrant traveling abroad to provide the Department of Public Safety 
with certain information about that registrant's travel; 
10. 
It changes the frequency of a registrant's duty to verify that registrant's 
information to every 90 days for a Tier III registrant, every 180 days for a Tier II 
registrant and annually for a Tier I registrant; 
11. It directs the Sex Offender Risk Assessment Advisory Commission to study the 
structure and duties of Colorado's Sex Offender Management Board and report to the 
joint standing committee of the Legislature having jurisdiction over criminal justice and 
public safety matters by January 5, 2013. It authorizes that committee to introduce a bill 
implementing the commission's recommendations to the First Regular Session of 126th 
Legislature; 
12. It adds new sex offenses enacted in the First Regular Session of the 125th 
Legislature to the Tier I, Tier II and Tier III offenses; 
13. It makes a number of technical changes; and 
14. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 03/29/12 ;tvac:. 
LD 1514 
LR 945(02) 
An Act To Amend the Sex Offender Registration Laws 
Fiscal Note for Bill as Amended by Committee Amendment ,~ .. ( H -S13 ) 
Committee: Criminal Justice and Public Safety 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Federal Expenditures Fund 
Revenue 
Federal Expenditures Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
$0 
$0 
$0 
$0 
FY 2012-13 
$83,279 
$83,279 
$100,000 
$100,000 
Projections 
FY2013-14 
$83,622 
$83,622 
$0 
$0 
Projections 
FY 2014-15 
$86,035 
$86,035 
$0 
$0 
The bill includes a General Fund appropriation of$83,279 in fiscal year 2012-13 for one Assistant Attorney General 
position to provide legal advice concerning the Sex Offender Registration and Notification Act of2012. 
The bill also includes a Federal Expenditures Fund allocation to the Department of Public Safety of $1 00,000 in fiscal 
year 2012-13 for required programming changes to the sex offender registry. The department has been awarded a 
federal grant to cover this cost which is expected to be received in June 2012. According to the department, the cost 
for programming could be as high as $128,000. The department has applied for another federal grant of $60,000 and 
expects to hear whether or not it is awarded in April with receipt of funds in late spring/early summer of2012. If 
necessary, this grant will cover any additional programming costs not covered by the awarded grant with existing 
department personnel also providing programming work if needed. 
LR0945(02) - Fiscal Note - Page 1 of 1