Relating to the modification of sex offender registry requirements

This bill relates to the modification of sex offender registry requirements. Under current law, a tier I sex offender must wait two years after the date of the commencement of the requirement to register before filing an application for a modification of the sex offender registry requirements, and a tier II or III offender must wait five years. Under the bill, any sex offender required to register for years must wait two years after the date of the commencement of the requirement to register, or the date of the offender’s last registry violation, to file an application for a modification, and an offender required to register for life must wait five years to file an application for a modification. Under current law, the court receiving an application from a sex offender for a modification of the sex offender registry requirements is not required to conduct a hearing on the application. The bill requires the court that imposed the sentence in the underlying criminal case to conduct a hearing and to allow all parties receiving notice of the application to be heard at the hearing. The bill requires the sex offender to prove by clear and convincing evidence the offender is not a current or potential threat to public safety and it is in the best interest of justice to grant the offender’s application. The bill allows the court to consider any evidence deemed appropriate and includes certain factors the court may consider in determining whether to grant or deny a sex offender’s application for modification. The bill prohibits an offender from filing an application for a modification more than once every two years.