Pardon timelines for an offender on the Sex, Kidnap, and Child Abuse Offender Registry

(1) As used in this section: (a) "Division" means the Division of Juvenile Justice and Youth Services. (b) "Minor" means the same as that term is defined in Section 80-1-102. (c) "Registry" means the Sex, Kidnap, and Child Abuse Offender Registry created in Section 53-29-102. (d) "Sex offender" means the same as that term is defined in Section 53-29-101. (2) The board may only consider issuing a pardon to an offender for an offense that requires the offender to register as a sex offender on the registry if: (a) for an offender who is required to register for 10 years under Subsection 53-29-203(1)(a), 10 years have passed after the later of: (i) the day on which the offender was placed on probation; (ii) the day on which the offender was released from incarceration to parole; (iii) the day on which the offender's sentence was terminated without parole; (iv) the day on which the offender entered a community-based residential program; or (v) for a minor, the day on which the division's custody of the offender was terminated; or (b) for an offender who is required to register for the offender's lifetime under Subsection 53-29-203(1)(b), 20 years have passed after the later of: (i) the day on which the offender was placed on probation; (ii) the day on which the offender was released from incarceration to parole; (iii) the day on which the offender's sentence was terminated without parole; (iv) the day on which the offender entered a community-based residential program; or (v) for a minor, the day on which the division's custody of the offender was terminated. (3) The timelines described in Subsection (2) do not apply to: (a) an individual whose conviction was vacated, reversed, or otherwise set aside; or (b) an individual who was found to be factually innocent by a court after filing a petition for: (i) postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act; or (ii) a writ of habeas corpus under 28 U.S.C. Sec. 2254.