22-24B-19.1.   Criteria for removal from registry as Tier II offender. To be eligible for removal from the registry as a Tier II offender, the petitioner shall show, by clear and convincing evidence, that all of the following criteria have been met:

             (1)      At least twenty-five years have elapsed since the date the petitioner first registered pursuant to this chapter;

             (2)      The crime requiring registration was for:

             (a)      Incest as defined in § 22-22A-2; or

             (b)      An out-of-state, federal or court martial offense that is comparable to the elements of incest as defined in § 22-22A-2; or

             (c)      Bestiality as set forth in § 22-22-42;

             (3)      The circumstances surrounding the crime requiring registration did not involve a child under the age of thirteen;

             (4)      The petitioner is not a recidivist sex offender;

             (5)      The petitioner has substantially complied in good faith with the registration and re-registration requirements imposed under chapter 22-24B; and

             (6)      Petitioner demonstrates to the satisfaction of the court that he or she does not pose a risk or danger to the community.

     For purposes of this section, any period of time during which the petitioner was incarcerated or during which the petitioner was confined in a mental health facility does not count toward the twenty-five year calculation, regardless of whether such incarceration or confinement was for the sex offense requiring registration or for some other offense.

Source: SL 2010, ch 119, § 2.

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