ABOUT THE SOR
The Division of Criminal Investigation is mandated by state and federal laws to establish and maintain a registry of convicted sex offenders living in South Dakota. The purpose of this registry is to provide information to the public regarding offenders living within their community.
In 1994 South Dakota began its state sex offender registry and since that time many changes have been made. South Dakota requires registration regardless the date of commission of the offense or the date of conviction. You can find a list of qualifying sex crimes under SDCL 22-24B-1 at South Dakota Codified Laws, website http://legis.state.sd.us/statutes. South Dakota also requires registration for those convicted in another state if that state also requires registration; any attempt, conspiracy, or solicitation to commit any registerable crime; any federal, military or out of state offense that would constitute a sex crime are required to register within three (3) business days of arrival in the state.
The laws also apply to any juvenile fourteen years of age or older shall register as a sex offender if that juvenile has been adjudicated of rape as defined in subdivision 22-24B-1(1), or of an out-of-state or federal offense that is comparable to the elements of these crimes of rape or any crime committed in another state if that state also requires a juvenile adjudication of that crime to register as a sex offender in that state.
An offender must register within three (3) business days of coming into any county to reside, temporarily domicile, attend school, attend post-secondary education classes or work. Any offender registering in this state who is employed, carries on a vocation, or attends post secondary classes at an institution of higher education, institution of higher learning or technical institute in this state shall, within three (3) business days of any commencement or termination of such enrollment or employment, report to the registering agency where the institution is located and complete a Registration Update form. The registering agency is the Chief of Police of the municipality where the offender resides, domiciles, attends school, attends post-secondary education classes or works; or, if no Chief of Police exists, then it is the county Sheriff. Any offender registered in South Dakota who plans to enter another state to work, carry on a vocation or attend school must comply with that state's registration requirements as well.
Any change of residence address requires the offender to submit, within 5 days of the move, a Registration Update form to the law enforcement agency where the offender last registered. An offender registered in South Dakota who moves to another state must notify the registering agency in South Dakota where the offender last registered and provide information of their new address. The offender must also comply with any registration requirements in the new state of residency.
Offenders must register every (6) six months. They are first required to register on their birth month and then required to register six (6) months after their birth month. Each offender registered in South Dakota must go to the South Dakota law enforcement agency where the offender last registered. The offender will be sent once a year a non-forwardable verification form to their last known address. The offender is required to return the verification form to the Division of Criminal Investigation within 10 days. Failure to comply is a Class 6 Felony.
Those required to register as sex offenders may NOT establish a residence or reside within a "community safety zone". The community safety zone is 500 feet from the facilities and grounds of any school, public park, public playground, or public pool. If a sex offender committed a registerable offense in another state, they are subject to the residence restriction distance of that state, if it is greater than SD’s 500 feet rule.
A violation of the registration laws is a Cls 6 Felony. Any subsequent violation is a Cls 5 Felony.