Restrictions on residence within community safety zone--Penalty

No person who is required to register as a sex offender pursuant to this chapter may establish a residence or reside within a community safety zone unless: (1) The person is incarcerated in a jail or prison or other correctional placement which is located within a community safety zone; (2) The person is on parole or probation and has been assigned to a halfway house or supervised living center within a community safety zone; (3) The person is homeless and has been admitted to a community homeless shelter within a community safety zone by an appropriate community official; (4) The person is placed in a health care facility licensed pursuant to chapter 34-12 , or certified under Title XVIII or XIX of the Social Security Act as amended to December 31, 2001, or receiving services from a community service provider accredited or certified by the Department of Human Services or the Department of Social Services, which is located within a community safety zone; (5) The person was under age eighteen at the time of the offense and the offender was not tried and convicted of the offense as an adult; (6) The person established and inhabited the residence as of: (a) July 1, 2006, if the community safety zone includes a school, public park, public playground, or public pool; or (b) July 1, 2024, if the community safety zone includes a domestic abuse shelter or sexual assault shelter; (7) The school, public park, public pool, domestic abuse shelter, sexual assault shelter, or public playground was built or established subsequent to the person's establishing residence at the location; or (8) The circuit court has entered an order pursuant to § 22-24B-28 exempting the offender from the provisions of §§ 22-24B-22 to 22-24B-28 , inclusive. A violation of this section is a Class 6 felony. Any subsequent violation is a Class 5 felony. Source: SL 2006, ch 125 , § 2; SL 2010, ch 120 , § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 134, eff. Apr. 12, 2011; SL 2012, ch 128 , § 1; SL 2018, ch 134 , § 2; SL 2024, ch 89 , § 2; SL 2026, ch 108 , § 1, eff. Feb. 17, 2026. Effective July 1, 2026