37 are sex offenders no more in S.D.

8-9-2010 South Dakota:

Changes allow some convicted of lesser crimes to be removed from list

Sweeping changes to South Dakota's Sex Offender Registry passed this year by the Legislature have resulted in 37 names being scrubbed from the list.

All 37 offenders had been convicted of misdemeanor indecent exposure, according to Attorney General Marty Jackley. That meant the names were removed automatically July 1 from the registry, which appears online.

In March, legislators approved changes to the registry, allowing some offenders to petition for removal and requiring the names of all those convicted of misdemeanor indecent exposure to be purged.

Jackley had argued that misdemeanor offenders already on the list should be required to petition as well, but lawmakers overruled him.

Tea pastor Joe Panaia was glad to see his name removed. He operates a ministry called "Bridging the Gap" and uses his past experiences to tell the story of how he's turned to Jesus.

"I've never tried to hide my past, but I'm not gonna put it on the front page of my website," he said.

Panaia's appearance on the list, in addition to his convictions for forgery and fraud, stirred controversy a year ago when he attempted to open a youth center in Tea. He eventually backed away from plans for the center.

Despite the guilty plea, Panaia maintains his innocence in the 2001 indecent exposure case. Court documents say Panaia exposed himself to a coworker and joked about her turning him in. He fought the charges but eventually pleaded guilty and was sentenced to jail and probation.

A sexual contact charge relating to an incident at a McDonald's restaurant was dropped in 2005. He was convicted of forgery in 2007.

The pastor said he's turned his life around, and he hopes his removal from the registry will help him to continue his work.

"The only thing I'm guilty of is pleading guilty to a crime I didn't commit," he said.

Jackley said Panaia's case is being reviewed based on information from other states.

The Legislature made changes to the registry this year after an intensive set of studies the past two years.

Lawmakers created a tiered system that allows people convicted of lesser sex offenses to be removed by petition either 10 or 25 years after their conviction. Those deemed high risk, such as those convicted of violent rape or child molestation, are classified as Tier III offenders and are not eligible for removal.

Tier I offenders, who can petition for removal after 10 years, include those who were 21 or younger when convicted of statutory rape.

People on Tier II, who must wait 25 years, include those convicted of bestiality and incest.

Offenders on the registry still are required to report their address every time they move and are not allowed to live near schools, parks or pools.

Two petitions for removal have been delivered to Jackley's office for review, he said, but his lawyers have yet to offer a recommendation.

Offenders who wish to be removed must file a petition with the Unified Judicial System in their home county, after which Jackley's office reviews the case and sends a recommendation to a local judge.

The judge can object or sign the petition. Minnehaha County State's Attorney Aaron McGowan said his office has seen a courtesy copy of one petition, although local prosecutors are not required to review petitions.

The exact process has yet to be defined, Jackley said. Judges probably will have broad discretion.

"We're kind of in uncharted waters at this point," he said. ..Source.. John Hult