Source: Alliance for Constitutional Sex Offense Laws
The Massachusetts Supreme Judicial Council, the state’s supreme court, has ruled in favor of registrants who were trying either to terminate their duty to register or to change the tier level on which they were situated. In doing so, the Court recognized that there are significant challenges facing registrants including stigma and legal restrictions that make it more difficult to find stable housing or employment. The Court also recognized that the effects of registration are “continuing, intrusive, and humiliating” and could lead to threats of physical harm. Further, the Court recognized that dissemination of a registrant’s personal information and photo on the internet magnifies these effects.
“The Court’s rulings in these two cases are truly monumental,” stated ACSOL Executive Director Janice Bellucci. “They speak the truth that so many courts have avoided.”
In addition to its recognition that the requirement to register causes harm to registrants, the Court determined that registrants have a right to counsel in court hearings when they seek either to have their requirement to register terminated or reclassification to a lower tier. The Court also determined that the government, not the registrant, bears the burden of proving that a registrant poses a current risk of re-offense as well as a degree of dangerousness by “clear and convincing” evidence.
“This is a tougher standard than the ordinary preponderance of evidence applied in ordinary civil cases,” stated ACSOL Board Member and recently retired law professor Ira Ellman.
In its decision, the Court noted that over classification of registrants into higher than necessary tiers “strains public resources.” In the State of Massachusetts, a total of 38 factors are considered in order to determine whether a registrant is required to continue registering. By comparison, the widely used Static-99 uses only 10 factors.
Both of the Court’s decisions were issued on the same day. Separate links to both cases follows below.
Doe v. Sex Ofndr Reg Board – Mass 2018 (terminating registration)
I really thought that I wouldn’t live long enough to see a court take that position Bravo courts Bravo.
WOW! This gives hope!!
Yes!! Common sense has finally come back to the Courts. This is a win!!!!!
Now, How do we get Florida to see things in this way ??? I know many of the “Patrol” cops hate having to go “Check” on Registerants to make sure they “Still live” in their posted Address !!. Because they “Tell me bout it” !!!. Anyone with “HALF A BRAIN” Can see that “The Registery” doesn’t work !!!!!. It doesn’t stop ANYONE from “Committing” another Crime “If They Wanted to” !!!!.
I agree with you. Aug 8 of this year Massachusetts realized thru their Supreme Court that it was Unconstitutional! And I think it’s high time Florida follows their lead!
Honestly, I dont think that Fla. will EVER abolish the registry. It would cut to much out of their budget, send to many cops to the unemployment line, and most of all…….
Bring some honesty, integrity and accountability to the FDLE.
Fla. is nothing but a “money making machine” for people who are in the system (SO’s or not)
This is great news indeed.
Hey Florida and especially you Senator Lauren Book, WAKE UP AND SMELL THE REALITY!
Your reign of terror is coming to an end! You might as well save yourself the humiliation and just do the right thing before you were forced by the courts to do it.
Living the good…….
GREAT POST !!!!
FAC,
I know that you are an “advocacy group/news agency”
But I have a question and I think that our group might like it.
Beside each post, can you put a “like button”?? I am not saying, or implying that you should turn this site into a “Facebook type” of site; but there are many posts that I agree with (this one being one of them) and several others, even ones that FAC posts.
Also, how would I go about contacting others on this site if I want to have a private conversation with them? Several people live around me and maybe we could get together for coffee?? Maybe start a support group that isnt headed by a Doctor who has ulterior motives.
Where we could exchange ideas, goals, maybe give advice, council, mentor??
Could we write to FAC and ask if we could have “Joe Blows” e-mail address…..?… FAC could write to “Joe Blow” and ask if they want to talk to them.
You know, bring the community together.
We do not share members information. We have meet and greets, from time to time, in different counties. You can contact Anita to see who your county coordinator is.
How do i get in touch with the county cordinator for hillsborogh ?
write to [email protected]
What is MORE interesting is the the burden has shifted to the Commonwealth and that petitioners are entitled to counsel.
I think that this is good news. More & more people are realizing that these “sex-offender laws are just to stifle their own mistakes of a blanket coverage.
Abolish the entire registry
I totally agree with you. It is dehumanizing and wrong to label people.
By adopting the “clear and convincing” standard, the court has, at a minimum, moved these proceedings into the “quasi-punitive” class, similar to say the State of Florida trying to revoke your insurance agent license. etc. A definite improvement, but not quite there yet.
Florida has made the prison system an industry, they are not interested in doing what is right . Or helping to end the dehumanizing and labeling of individuals who truly deserve a second chance. 99,000 incarcerated in Florida probably 50% shouldn’t be in prison, I blame State Attorneys Offices thru out the state, they are doing more harm than good. The shock of being subjected to such cruelty and discrimination and denied work release, or jobs inside the prison as well as outside the prison.This is Stymatising, discrimination at its worse. These inmates can be productive part of society if given the chance, Stop the rules and regulations and stop the humiliation of them in the public domain.Bet none of you would want your wash put out on the streets, and these people don’t either, they just want a chance to live normal again
I agree with your comment. I have seen in my years as a “sex offender” case after case where individuals had to move because of this identification, and have lost jobs because of it, and being called all kinds of things that aren’t true, but the registry identifies us and we can’t get any relief. How can they become a productive citizen in the community?
I see there is some sanity left in some courts.