Effective 5/12/2020 Superseded 5/5/2021 77-41-113 Removal for offenses for which registration is no longer required. (1) An individual who is currently on the Sex and Kidnap Offender Registry because of a conviction
for any of the following offenses may contact the department and request removal from the registry if the only offense or offenses for which the individual is on the registry is listed in Subsection (2).
(2) This section applies to a conviction for the following offenses: (a) a class B or class C misdemeanor for enticing a minor, Section 76-4-401; (b) kidnapping, based upon Subsection 76-5-301(1)(a) or (b); (c) child kidnapping, Section 76-5-301.1, if the offender was the natural parent of the child victim; (d) unlawful detention, Section 76-5-304; (e) a third degree felony for unlawful sexual intercourse before 1986, or a class B misdemeanor
for unlawful sexual intercourse, Section 76-5-401; or (f) sodomy, but not forcible sodomy, Section 76-5-403.
(3) The department, upon receipt of a request for removal from the registry shall: (a) check the registry for the individual's current status; (b) determine whether the individual qualifies for removal based upon this section; and (c) notify the individual in writing of the department's determination and whether the individual:
(i) qualifies for removal from the registry; or (ii) does not qualify for removal.
(4) If the department determines that the individual qualifies for removal from the registry, the department shall remove the offender from the registry.
(5) If the department determines that the individual does not qualify for removal from the registry, the department shall provide an explanation in writing for the department's determination. The department's determination is final and not subject to administrative review.
(6) Neither the department nor any employee may be civilly liable for a determination made in good faith in accordance with this section.
(7) The department shall provide a response to a request for removal within 30 days of receipt of the request and payment of the fee. If the response cannot be provided within 30 days, the department shall notify the individual that the response may be delayed up to 30 additional days.
(8) The department may charge a fee, not to exceed $25, for a request for removal.