31 MAC Pt. 2, R. 12.24
Petition for Relief from Duty to Register
Cite as 31 Miss. Admin. Code Pt. 2, R. 12.24
Petition for Relief from Duty to Register
1.
Miss. Code Ann. § 45-33-47 states that a sex offender with the duty to register under
Miss. Code Ann. § 45-33-25 can be relieved of the duty to register as follows.
The offender may petition the court of the sentencing jurisdiction for relief from the duty
to register as set forth in Miss. Code Ann. § 45-33-47 if the offender has maintained
registration in Mississippi for not less than ten (10) years from the most recent date of
occurrence of one of the following:
a.
release from prison,
b.
placement on parole, or
c.
supervised release or probation.
2.
Incarceration for any offense will restart the ten-year minimum registration requirement.
Registration in any other jurisdiction or state does not reduce the ten-year minimum time
requirement for maintaining registration in Mississippi.
3.
The court will consider the nature of the offense and the criminal and relevant non-
criminal behavior of the offender before and after the conviction. The court will relieve
the person of the duty to register ONLY IF the offender shows by clear and convincing
evidence that future registration will not serve the purpose of the law. If such relief is
granted by the court, a certified copy of the court order granting relief shall be forwarded
to the CIC. Statutory Reference: Miss. Code Ann. § 45-33-47.