Washington Times: Sex-offender registries under attack for violating ex-offenders’ constitutional rights
Colorado’s sex offender registry still hangs in limbo seven months after a judge said it violated the constitutional rights of former offenders, subjecting them to an extended punishment and public shaming.
U.S. District Judge Richard P. Matsch’s ruling is the latest to reject states that are reaching for more stringent controls on sex offenders even after they have served their sentences.
Criminal justice reformers say it’s about time the courts strike back. The lifelong punishments that sexual offenders face beyond the courtroom and prison conflict with the country’s tradition of rehabilitation and second chances, they say.
But with federal appeals courts now involved in scrutinizing laws in Colorado, Alabama and Michigan, state attorneys general say they are worried that their legislatures’ work to keep communities safe may be undermined.
“For the national database to work, the states and federal data need to be knitted together, and for one state to be exempted from the registry puts citizens of all states in danger,” Michael Hunter, Oklahoma’s attorney general, told The Washington Times.
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Safety! More worried about the word sex, then murder. Expose your assault weapons, expose your genitals see which ruins your life.
State that sacrifices Liberty for Safety deserves Neither.
Ive been off the registry for almost 10 years but im still on the registry in Florida and Tennessee. This is absolutely unconstitutional. I realy hope they hier courts do something about this. I was originally sentenced to 10 years on registry which I have already completed.
I am curious. Since you are off the registry in another state. Can you travel to other countries that ban sex offenders? I’m from Florida and I want to move to Georgia to get off the registry. I wonder if a country will allow you in if you can show them you are off the registry in the state you currently reside.
David – I am not sure about your question and I certainly am not a lawyer (I wish I was) – but I think the IML stuff is based on Fed laws – so if you are off in your state and off the national list (based on the AWA and info from each state ) then I would think your passport would be clear? Anyone else know for sure?
This is incorrect. IML is based on conviction, not based on current presence on the registry.
Ah ok thanks FC. So if it is based on conviction is it for life? Or are their tiers for certain convictions? Do they consider adjudication withheld a conviction?
Sorry meant FAC lol
@FAC, do you know whether the feds are considering Florida’s withhold of adjudication to be a conviction?
No, a withhold of adjudication is NOT a conviction.
That said; registration includes both convictions and withhold of adjudications
Ok that is where my confusion comes in – if it is not based on registration but on conviction then in theory those with adjudication withheld would not fall under the IML crap?
They still hold it against you. I had withheld 18 years ago and Canada throw me out. They told me until I get it removed don’t come,back
FAC,
I am bit confused ?? ” This is incorrect. IML is based on conviction, not based on current presence on the registry” so I had Adj Withheld, i have NO criminal record, does IML apply to me ??
yes – for purposes of most sex offender regulations, adjudication withheld is included.
If you have SPECIFIC questions about your case, check with a lawyer.
If I wasn’t on the Georgia registry than I wouldn’t have to notify law enforcement of my travel plans. Isn’t that correct?
That’s a great question, and would seem the case, but a straight answer regarding this matter is hard to come by.
I have gotten as far as the US marshalls telling me that they only inform destination countries, if they are informed by a state registry. The IML state that notification of travel is to be made to local registries only. I take that to mean, “if there is no local registry, then there is no notification required.”
Pretty sure IML only applies to child offenses as well.
I would love to know more, and hear experiences of people who have “relocated” back to their home state for travel purposes and what has happened either on the way out or back into the US
There has to be a double jeopardy challenge here. The sentencing state should be precedent. If they let us off, FL should be compelled to follow suit. We are re-tried, re-sentenced, and re-registered in FL without ever stepping foot into a courtroom.
Once a court sides that registries have become punitive, I think this argument may have a shot. Hopefully we see it in our lifetime.
Many children are introduced to drugs by a drug dealer (who targets children) at a very young age who have grown up and continued a lifestyle of addiction that often involves a lifetime of criminal activity, children born to addicts that have lifetime disabilities that are paid for by our tax dollars in many instances not to mention the amount of programs out there to “fix” their addictions. I speak of this because I see it play out everyday with friends, family, co workers,etc. Sexual abuse on a child is horrific and I am in no way saying it’s not. But the pain and suffering that drug addiction does to children on many levels their entire life is horrific too. I am not very good at researching numbers but I bet more children die at the hands of drug addiction every year than they do sexual abuse. If you want to make your cities, neighborhoods safe then stop putting your time and energy on targeting one group. EVERY child deserves protection.
@sue,
You are soooo right about that. That’s been my argument too. If you google stats on this topic Vs sex abuse you’ll find lots of stats on it. And actually I think it’s like children are 600% more likely to be killed by a drunk driver than abused by a sex offender. The actual facts are insane on this topic.
Sue – in my opinion what should be addressed is the truth about all of these circumstances. The vast majority of any kind of abuse toward children (including drug abuser parents) is perpetrated by someone the child knows – not a stranger. In addition, the growth of the drug problem in the USA is caused in part by prescription drugs and addiction to them. Like sex offenders, drug abusers are human – they have family and people that love them. Whether you think so or not their children need them. We need to focus on people and how to help them – the victims and the abusers. We need to help families and recognize the patterns that lead to these types of issues. We need to allow ALL people to feel safe when they seek help and we need to have REAL programs to help them. We need to look at the policies in other developed countries that do not have these issues the way we do – and when they do have someone in trouble they do not imprison them or ostracize them – they treat them like a broken person that needs help.
Great article!. Glad this made it to the DC area.
Man, I hope SCOTUS can pick this one up. In someway or somehow.