Disabled Persons Disabled or incapacitated persons may be eligible to be removed from the registry under the following circumstances.
The registrant must have completed all prison, parole, supervised release and probation for the offense which required registration and: (a) is confined to a hospice facility, skilled nursing home, residential care facility for the elderly or nursing home; (b) is totally and permanently disabled; or (c) is otherwise seriously physically incapacitated due to illness or injury.
Because I believe that it is important for people effected by this legislation to know about it, I have put together a summary. If the offense conduct occurred between June 4, 2003 and June 30, 2006, there are restrictions on the location of the registrant’s residence but not on the registrant’s place of employment.
You should check with your county sheriff and/or your probation or parole officer before changing your behavior. The residence cannot be within 1000 feet of any child care facility, school, public park, private park, recreation facility, playground, skating rink, neighborhood center, gymnasium or similar facilities providing programs or services directed toward persons under age 18.
If a registrant has established residence or employment and a facility such as a child care facility, church or school is established or moves within 1000 feet of the registrants residence or employment location, there is a procedure by which the registrant can petition to establish the right to remain at the residence or employment under certain circumstances.
It should be noted that the rules regarding church have been modified.
Employment and Residence Restrictions Were Reduced The restrictions that apply to a person is now based on the restrictions which were in place in the law at the time of the offense conduct. The residence cannot be within 1000 feet of any child care facility, church, school, public park, private park, recreation facility, playground, skating rink, neighborhood center, gymnasium, school bus stop, or public or community swimming pool.Unclassified Registrants If the person is classified by the Sex Offender Registration Review Board, a petition may be filed, but the court will stay the proceeding and direct the Board to make a classification in the person’s case.The resulting classification would determine eligibility for relief.The victim was not physically restrained during the commission of the offense.Other Risk Classifications If the person is classified by the Sex Offender Registration Review Board as a level II risk assessment classification or as a sexual predator, the person is not eligible to file a petition until ten years after the person has completed all prison, parole, supervised release and probation for the offense which required registration.
If the offense conduct occurred prior to June 4, 2003, the employment and residence restrictions will not apply to the registrant. The place of employment cannot be employed by any child care facility, schoo or church or by or at any business or entity located within 1000 feet of a child care facility, school, or church.