§ 1371. Definitions
TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 1: CRIMES AGAINST THE PERSON § 1371. Verification/ Appearance Requirements. (a) Appearance. A sex offender who is required to register as a resident, employee, or student with the SORA-Office/DPS shall, at a minimum, appear in person at the SORA-Office/DPS for purposes of verifying and keeping the registration information and photograph (if needed) current in accordance with the following time frames: (1) For “Tier 1” offenders, once every year for 15 years from the date of sentencing or if incarcerated from the date of release, (2) For “Tier 2” offenders, once every 180 days (6 months) for 25 years from the date of sentencing or if incarcerated from the date of release, (3) For “Tier 3” offenders, once every 90 days (3 months) for the rest of their lives. (b) Frequency. SORA-Office/DPS is not limited by § 1371(a)(1), (2), or (3) and may establish a more frequent in-person periodic appearance requirement and/or may establish other means of verification of registration information to keep the registry information current and accurate. (c) Reduction of Registration Periods. A sex offender may have their pe- riod of registration reduced as follows: (1) Tier 1 offenders may have their period of registration and verification reduced by 5 years if they have maintained a clean record for 10 consecutive years. (2) Tier 3 offenders may have their period of registration and verification reduced to 25 years if they were adjudicated delinquent of an offense as a juvenile which required Tier 3 registration and they have maintained a clean record for 25 consecutive years. (d) Clean Record. For purpose of § 1371(c) a person has a clean record if: (1) They have not been convicted of any offense for which im- prisonment for more than 1 year may be imposed. (2) They have not been convicted of any sex offense, (3) They have successfully completed, without revocation, any period of supervised release, probation, or parole, and (4) They have successfully completed an appropriate sex offend- er treatment program certified by the CNMI Attorney General, a jurisdic- tion or by the United States Attorney General. (e) Reduction of Registration Periods Not Automatic. A sex offender may submit a request to Sex Offender Registry Administrative Board (SORAB) for reduction of his or her period of registration. A reduction of registration and verification is not a right, and may be granted by SORAB if, in the discretion of the Board, after consultation with the Attorney General, it is determined that a reduction is in the best interests of the safety of the Commonwealth’s residents. A reduction of the period of registration and verification does not imply any right to have any information obtained prior or after the reduction removed from any government database or publicly available website.
TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 1: CRIMES AGAINST THE PERSON (f) Registration period excludes any time the sex offender is in custody or under civil commitment. The required registry starts from the date of sentence for non-incarcerated sex offender; and upon the release from custody for sex offender sentenced to imprisonment. Source: PL 11-104, § 1 (Section 12 of reenacted PL 11-35) repealed and reenacted PL 11-35; repealed and reenacted by PL 17-49 § 2(1371) (July 29, 2011), modified. Commission Comment: The Commission italicized titles of subsections for emphasis. To correct grammatical errors, the Commission made the following changes pursuant to 1 CMC § 3806(g): (1) “§ 1371(1), (2), or (3)” to “§ 1371(a)(1), (2), or (3)” in subsection (b); (2) “A Tier 1 offender” to “Tier 1 offenders” in (c)(1); (3) “A Tier 3 offender” to “Tier 3 offenders” in subsection (c)(2); (4) “non-incarcerated sex offender” to “non-incarcerated sex offenders” in subsection(f); and (5) “sex offender sentenced” to “sex offenders sentenced” in subsection(f).
Source: CNMI Law Revision Commission