Colorado Supreme Court weighs whether lifetime sex offender registration amounts to ‘punishment’
“No opportunity to get off the registry. Got to show up in person (four) times a year. There are fairly significant consequences here, and I question whether that matches to the non-punitive purpose,” said Justice Richard L. Gabriel.
Timothy Paul Beagle pleaded guilty in Jefferson County to attempted sexual assault and distributing drugs to a minor. He did not have any prior sex crimes on his record, but a trial judge imposed lifetime registration on him. Beagle argued the label amounted to cruel and unusual punishment in violation of the Eighth Amendment. The Court of Appeals upheld Beagle’s designation, but acknowledged there was potential merit to his argument. In 2013, the Colorado Supreme Court noted in passing that such designations were not punishment. However, then-Justice Nathan B. Coats warned that if the court’s assumption was wrong, “there can be no question that the (sex offender sentencing) scheme would fail, for a host of constitutional, process-related reasons.” On appeal, the ACLU of Colorado weighed in to support Beagle, arguing that lawmakers established the sexually violent predator designation in 1997 out of a belief that sex offenders posed a lifetime risk. However, scholarship suggests the risk of recidivism declines over time, with data from Colorado showing very few lifetime sex offender registrants committing new felonies.
Some justices were reluctant to see the designation as punishment, noting it would open the door to further questions. On the other hand, members of the court were more receptive to seeing lifetime registration for Beagle specifically to be disproportionate to his attempt offense and lack of sexual criminal history.
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I agree with what the others have said here about the questioning of the justices role in considerations.
The one thing which stuck out to me is the problems that seemed to arise with the tools, e.g., individual assessment. If that is the problem, then that strikes at the very heart of the tiered system and the beyond 17 years of needing to be on the registry (which is not needed at all) since a PFR is then equal to a standard person in being a non-risk.
I hope ACLU of CO is calling ACLU of MI for points on this case as well as others around the nation who have valid case points to bring to the fight.
TS
What would be the harm of after 10 years off of paperwork, and you do 10 years on registry without any violations, be automatically removed. But we all know, the registry is not about safety, but jobs and funding.
There should not be a registry at all, but if there is, having a fair way to get off just is rare in some states like Florida. And the rate of those who petition and get approved depends on the judge you get, just as much as the attorney you hire.
Static-99 has the 17 year mark, but agree with you completely on 10 and 10 as well as your premise overall.
“justices were reluctant to see the designation as punishment, noting it would open the door to further questions. “…. If a Judges job isn’t to question when things are illegal and properly apply the law then absolutely what purpose do they serve?… Brings fresh meaning to contempt of court.. how could anyone have anything but contempt?
I took it as they’re more worried about the inevitable legal challenges if/when the registry is determined punitive than the actual validity and constitutionality of the scheme. And fully agree that questioning the legality and legitimacy of this or any other law is precisely what courts are supposed to do.
I would also add that the registry is the perfect example of the problem with electing judges. Regarding federal courts, the point of appointing judges for life is so that they can opine and rule according to law and precedent without fear of being removed. With elected judges, rulings and opinions are influenced (if not completely controlled) by the politics of the moment, regardless of law and precedent. Ask Aaron Persky.
I wonder what questions would be raised by designating lifetime registration to be punishment. A positive outcome in this case might be a good precedent.
Any Tier 3 lifetime PFR over 17 years clean is equal to the regular person who is not a PFR. Any moniker attached to a PFR over 17 years clean is punishment due to the actions of society because of the moniker and their lack of critical thinking related to it.
TS
You are preaching to the choir. All of us agree, the registry should never have been created. Even so, the fact that Florida’s registry is for life (And even still on registry when dead) with few options to be removed is very depressing and arguably punishment.
“Some justices were reluctant to see the designation as punishment, noting it would open the door to further questions.”- That is literally their job, to be impartial, and if something is unjust, call it out. That is the very definition of JUSTICE. How infuriating for a judge to say, “This may be punishment, but we are afraid of the backlash and work it’s going to create for us.” What an asinine statement.
I have been on the Florida State Sex Offender Registry since it was first created on 10/1/97 when I was 26. I have adjudication of guilt withheld (no formal conviction) and have never been to prison.
Results of Over 28 Years On The Registry:
Inability to ever establish a normal and stable career.
Inability to ever have a family for fear of economic insecurity and harassment.
Inability to reasonably attend a Church without fear excess and unwarranted scrutiny and harassment.
Significant hardship in establishing and maintaining housing.
Many close family relationships ruined.
Many friendships ruined.
Significant difficulty establishing and maintaining new friends and business contacts.
Significant limitations on my ability to travel.
Inability to save money.
Engaging in huge amounts of manual labor for decades with no end in sight. I’m now 54 and seriously wearing out.
Working while injured for years at a time with no access to healthcare.
Never feeling comfortable and always feeling threatened in my neighborhood.
Being the target of frequent extortion and entrapment schemes.
Having my property attacked and damaged by vigilantees.
And now for my favorite……
I’ve recently been diagnosed with a chronic and worsening mental health condition that’s the direct result of being traumatized by nearly 3 decades on the registry. It’s getting worse and will never go away. The registry has taken from every aspect of my life and now it’s coming for my mind itself.
All of this is the direct result of the endless, heavy handed and unconstitutional Florida Sex Offender registry. New restrictions are constantly being dreamed up and imposed. And on and on it goes….
THESE ARE PUNISHMENTS!!!!!!
CRUEL AND UNUSUAL!!!!!
Surviving at all feels like an act of defiance. Thank you Florida Action Committee for giving us a place to become more information, share and get into ACTION!!
Much love and thanks,
No Body
This is a very powerful story of the severe consequences of the registry
My heart aches for you. The registry destroys lives and protects no one.
Thank you. After decades of bitter experience, I’m researching the specific psychological impacts of the registry on the mind as it relates to known metal health outcomes and will hopefully have an informative article written soon.
Thank you for sharing your thoughts and feelings. I am sure that every registrant feels the same way you do, myself included. Not only I am suffering from the results of 2 deployments to Iraq, but this registration and the associated penalties exacerbated my mental and health well-being, just like you. There are days I wish I don’t wake up at all, but, I have a wonderful and compassionate wife who gives me the strength to continue
Good morning. You are not alone brother. I’m blessed with a compassionate wife as well. For years, I felt like I was wondering lost in a desert but now through FAC we can find others and not face this impossible and cruel situation by ourselves. Victory is not at hand but neither is defeat!
I feel your pain. I also have been on since the creation of the registry when I was 23 for a offense that happened when I was 16. My mental health has seriously deteriated in the past 2 years. I am on 2 different medications because of the impact of the registry. I pray every night that the good lord takes me. My patience is running out.
Good Lord, they retroactively hit you with the registry 7 years after your case was adjourned from when you were a minor!?! That’s just plain wrong. My mental health has noticeably deteriorated as well in the last two years. You and I are approaching the 30 year mark for goodnesses sakes and new punishments and complications keep coming. We’ve experienced a barrage of cumulative stressors and harm as a direct result of being on the registry. It’s no wonder we’re breaking down. We’re only human. I manage my situation through regular exercise, total sobriety and a healthy lifestyle but that doesn’t solve all the problems I’m having here lately. Weird shit……not good. I’ve been doing extensive research on this topic and have been in touch with experts in the field. I am writing an evidence based and psychologically descriptive article I hope to publish here by the end of the year that identifies exactly what happens to people when they experienced the sex offender registry for long periods of time. Until then it’s One Day At A Time. We’ve come this far damn it!
Meanwhile, one of our most controversial Florida sheriffs, Sheriff Grady Judd is at it again, only this time for not believing a young girl who had been being abused for years. A lawsuit has been filed against him.
This story almost brought me to tears as the young girl was forced to write an apology to the Sheriff’s office for making up a story, although hidden cameras revealed the truth the girl was being molested for years.
https://www.aol.com/lifestyle/she-allegedly-made-apologize-her-210000386.html
Thanks for bringing that to forum @CherokeeJack
That is sad she endured that even then by the family she was with and then LE afterwards. There needs a comeuppance for that LE office forcing her to do such actions when she told them the truth which they did not believe. She asked for help from a person in position of trust who dismissed it. It was a bully move by that LE office to do that and now they have been caught in their own error. I pray she wins by the hand of God and Grady is embarrassed, but he won’t be the narcissistic SOB. There is no qualified immunity for stupidity such as this. It should be used as a campaign tactic against him next time he runs.
The question is this….what effect an outcome resulting in favoring the registrant would influence or benefits us here in Florida?
It would be a valuable precedent decision lending legitimacy and language to similar concerns here.