34-A ME Rev Stat § 11285 (2021)
2021 Maine Revised Statutes|TITLE 34-A: CORRECTIONS|Chapter 17: SEX OFFENDER REGISTRATION AND NOTIFICATION ACT OF 2013|Subchapter 2: SEX OFFENDER REGISTRATION|34-A §11285. Duration of registration

 §11285. Duration of registration The following provisions govern the duration of registration.   [PL 2011, c. 663, §3 (NEW).]1.  Offender convicted and sentenced in State for Tier I offense.  An offender convicted and sentenced in this State for a Tier I offense shall register for a period of 10 years. The 10-year period commences from the date the person in fact initially registers once the legal duty arises under section 11282, subsection 2.   [PL 2011, c. 663, §3 (NEW).] 2.  Offender convicted and sentenced in another jurisdiction for Tier I offense.  An offender convicted and sentenced in another jurisdiction and required to register in this State pursuant to section 11283 or 11284 shall register for a period of 10 years or as provided in subsection 7. The following provisions apply.   A. A Tier I registrant shall register in this State for a period of 10 years if, pursuant to the other jurisdiction's sex offender registration statute, the registration period is for a period of no more than 10 years. The 10-year period commences from the date the person in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284. However, the Tier I registrant may receive day-for-day credit for the time actually registered pursuant to the other jurisdiction's sex offender registration statute prior to registering in this State upon applying to the bureau for credit. The bureau may grant credit if the registrant provides sufficient documentation in accordance with any rules adopted by the bureau.   [PL 2011, c. 663, §3 (NEW).]B. A Tier I registrant shall register for a period of 10 years if registration was not required in that other jurisdiction and the person has been sentenced in that jurisdiction for a crime that includes the essential elements of a Tier I offense. The 10-year period commences from the date the person in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284. However, the Tier I registrant may receive day-for-day credit from the time of sentencing in the other jurisdiction to when the offender in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284 and upon applying to the bureau for credit. The bureau may grant credit if the registrant provides sufficient documentation in accordance with any rules adopted by the bureau.   [PL 2011, c. 663, §3 (NEW).][PL 2011, c. 663, §3 (NEW).] 3.  Offender convicted and sentenced in State for Tier II offense.  An offender convicted and sentenced in this State for a Tier II offense shall register for a period of 25 years. The 25-year period commences from the date the person in fact initially registers once the legal duty arises under section 11282, subsection 2.   [PL 2011, c. 663, §3 (NEW).] 4.  Offender convicted and sentenced in another jurisdiction for Tier II offense.  An offender convicted and sentenced in another jurisdiction and required to register in this State pursuant to section 11283 or 11284 shall register for a period of 25 years. The following provisions apply.   A. A Tier II registrant shall register in this State for a period of 25 years if, pursuant to the other jurisdiction's sex offender registration statute, the registration period is for a period of more than 10 years and no more than 25 years. The 25-year period commences from the date the person in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284. However, the Tier II registrant may receive day-for-day credit for the time actually registered pursuant to the other jurisdiction's sex offender registration statute prior to registering in this State upon applying to the bureau for credit. The bureau may grant credit if the registrant provides sufficient documentation in accordance with rules adopted by the bureau.   [PL 2011, c. 663, §3 (NEW).]B. A Tier II registrant shall register for a period of 25 years if registration was not required in that other jurisdiction and the person has been sentenced in that jurisdiction for a crime that includes the essential elements of a Tier II offense. The 25-year period commences from the date the person in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284. However, the Tier II registrant may receive day-for-day credit from the time of sentencing in the other jurisdiction to when the offender in fact initially registers in this State once the legal duty to register arises under section 11283 or 11284 and upon applying to the bureau for credit. The bureau may grant credit if the registrant provides sufficient documentation in accordance with any rules adopted by the bureau.   [PL 2011, c. 663, §3 (NEW).][PL 2011, c. 663, §3 (NEW).] 5.  Offender convicted and sentenced in State for Tier III offense.  An offender convicted and sentenced in this State for a Tier III offense shall register for the duration of the offender's life.   [PL 2011, c. 663, §3 (NEW).] 6.  Offender convicted and sentenced in another jurisdiction for Tier III offense.  An offender convicted and sentenced in another jurisdiction and required to register in this State pursuant to section 11283 or 11284 shall register for the duration of the registrant's life.   A. A Tier III registrant shall register in this State for the duration of the registrant's life if, pursuant to the other jurisdiction's sex offender registration statute, the registration period is for the duration of the offender's life.   [PL 2011, c. 663, §3 (NEW).]B. A Tier III registrant shall register in this State for the duration of the registrant's life if registration was not required in that other jurisdiction and the person was convicted and sentenced in that jurisdiction for a crime that includes the essential elements of a Tier III offense.   [PL 2011, c. 663, §3 (NEW).][PL 2011, c. 663, §3 (NEW).] 7.  Additional offense.  Notwithstanding section 11273, subsections 14 and 15, a person who has been convicted and sentenced at any time for 2 or more offenses each of which is a Tier I offense or Tier II offense or includes the essential elements of a Tier I offense or Tier II offense is required to register as a Tier III registrant. For purposes of this subsection, convictions that occur on the same day count as separate offenses.   [PL 2011, c. 663, §3 (NEW).] 8.  Suspending verifications.  Notwithstanding any other provision of this section, the bureau, pursuant to any rules the bureau may adopt, may suspend the requirement that the registrant or offender verify registration information during any period in which a registrant or offender:   A. Leaves this State, establishes a domicile or residence in another state and remains physically absent from this State;   [PL 2015, c. 280, §17 (NEW).]B. Is incarcerated; or   [PL 2015, c. 280, §17 (NEW).]C. Is incapacitated or hospitalized.   [PL 2015, c. 280, §17 (NEW).][PL 2015, c. 280, §17 (RPR).] 9.  Relief from duty to register.  The following provisions apply to relief from the duty to register.   A. An offender's or a registrant's duty to register is not required if the circumstances triggering the registration requirements under section 11283 or 11284 no longer exist.   [PL 2011, c. 663, §3 (NEW).]B. If the underlying conviction in this State or in another jurisdiction that triggers the registration requirement is reversed, vacated or set aside or if the offender or registrant is pardoned for the crime, registration is no longer required.   [PL 2011, c. 663, §3 (NEW).][PL 2011, c. 663, §3 (NEW).] SECTION HISTORY PL 2011, c. 663, §3 (NEW). PL 2015, c. 280, §17 (AMD).