To be eligible for removal from the registry as a Tier II offender, the petitioner shall show, by clear and convincing evidence, that all of the following criteria have been met:

1. (1) At least twenty-five years have elapsed since the date the petitioner first registered pursuant to this chapter;

2. (2) The crime requiring registration was for:

   1. (a) Incest as defined in § 22-22A-2; or
   2. (b) An out-of-state, federal or court martial offense that is comparable to the elements of incest as defined in § 22-22A-2; or
   3. (c) Bestiality as set forth in § 22-22-42;
3. (3) The circumstances surrounding the crime requiring registration did not involve a child under the age of thirteen;
4. (4) The petitioner is not a recidivist sex offender;
5. (5) The petitioner has substantially complied in good faith with the registration and re-registration requirements imposed under chapter 22-24B; and
6. (6) Petitioner demonstrates to the satisfaction of the court that he or she does not pose a risk or danger to the community. For purposes of this section, any period of time during which the petitioner was incarcerated or during which the petitioner was confined in a mental health facility does not count toward the twenty-five year calculation, regardless of whether such incarceration or confinement was for the sex offense requiring registration or for some other offense.

Source: SL 2010, ch 119 , § 2.