Neighboring states take various approaches

1-10-2010 South Dakota:

Neighboring states have established a variety of different sex offender registry requirements.

Minnesota and North Dakota publicly display only high-risk offenders. Iowa prohibits certain offenders from living within 2,000 feet of a school or day care.

The Adam Walsh Child Protection and Safety Act will provide more uniformity to state sex offender registry laws. States have until July to be in compliance or risk losing federal grant money for public safety.

A need for a sex offender registry exists, but not all offenders should be on it, said Ryan Kolbeck, president of the South Dakota Association of Criminal Defense Lawyers. He prefers Minnesota's approach, which categorizes offenders into three risk levels and puts on the Web only the high-risk offenders.

"They differentiate who is at risk to reoffend and who isn't," he said.

What follows shows how South Dakota's laws and the laws of neighboring state differ regarding registered sex offenders.

Which registered sex offenders are posted on the Web?

Iowa: All except those who were younger than 20 years old when they were convicted of statutory rape.

Minnesota: Only high-risk and high-risk-delinquent registrants.

North Dakota: Only high-risk, delinquent and lifetime registrants.

Nebraska: All registrants.

South Dakota: All registrants.

Can registered sex offenders live near schools and day cares?

Iowa: Yes, except those convicted of an aggravated offense against a minor. They are prohibited from residing within 2,000 feet.

Minnesota: Yes.

North Dakota: Yes.

Nebraska: Yes. State law does not require restrictions, but each city has the ability to enact its own restrictions.

South Dakota: No. All offenders are prohibited from living within 500 feet of a day care or school.

Length of registration

Iowa: 10 years or life, depending on the crime and prior offenses.

Minnesota: A minimum of 10 years up to life. Five years is added each time an offender fails to register.

North Dakota: 15 years, 25 years or life, depending on risk level.

Nebraska: 15 years, 25 years or life, depending on offense

South Dakota: Life, but certain offenders convicted of statutory rape can petition for removal after 10 years. ..Source..Megan Luther