The public would not tolerate it? They would cheer it and prefer castration.

I am not a lawyer, but that seems questionable. If the order says that monitoring has to end when supervision ends, then that is that.

Yes, the legislative could change all sex offenses to lifetime, but that would come with a fight even from the general public. The public would not tolerate everyone on the registry being in prison for life, especially as they learn what small infractions can put them or their loved ones on it. You would have much less approval for that than you do for the registry, which already seems to be heading toward a downswing. Yes, we have a prison-industrial complex, but going to prison for life for indecent exposure, or solicitation? Doubt that would be accepted without some serious debate. And, even if it is, it could also be challenged in the judicial. It’s more blatantly cruel and unusual than any other criminal law or sanction I know of, including SORNA.

Also, on the lifetime sentencing possibility, you would have much much much less plea deals being accepted. Nobody is going to plead out to a life sentence, unless maybe they are facing death? And even then, still a toss. This would create a huge burden on the courts, law enforcement, prosecutors, and so on. They don’t want life sentences either. They want to be able to snag quick wins, not long and drawn out trials with burdens of proof and so on.

FAC Legal, if you can do so without risk please chime in with some non-legal-advice opinion.

Anyway, there’s a lot of pessimism about this not being a good enough win, or not really a win because of some hypothetical new legislation. Plain and simple, the judge could have easily ruled against our community if he wanted to, without much repercussion. He ruled in our favor. Just like receiving praise or thanks, accept some good news when you hear it. Lavish it, for today it is a win. Why not have something to feel good about?

Exactly! That’s what I got out of his ruling. Very unsympathetic and seeming to apologize for his ruling and citing ways to make the laws tougher so they will not be able to be challenged again. I think this ruling will make things worse for the majority of offenders with lifetime probation for most sex offenses…

If a state Congress or the U.S. Congress wanted to make any sex offense punishable by lifetime probation or supervised release or whatever jargon, then those legislative bodies have to power to do so. But the statute at hand does not. And as far as guidelines go, they are only recommended and not actual statutes. We must all fight these issues as they come up in our individual cases and collectively when needed.

Dustin,
I read the entire findings and the judge listed a bunch of offenses where he could see and recommend lifetime GPS. Does not have to have a lifetime sentence to receive lifetime probation and GPS. It is really a sad ruling when you read the bias of the judge that ruled on this, simply because it was so obvious that it was unconstitutional that he had no choice but to make this ruling. He was actually trying to help the legislature pass laws that would institute lifetime GPS so that they would never be able to be challenged as unconstitutional. He did not seem sympathetic to the cause at all…

@ Nicholas:

Not entirely. I figure the USCS will eventually (but no time soon) rule that registration stops when sentences are completed, but continues for those on parole or probation.

I actually wonder if states that enacted other notification laws outside the registry did so under the prediction that the registry will sooner or later be held unconstitutional. But it’s really hard to give any legislator credit for that kind of foresight.

One more point of interest here,

It’s a shame that Georgia did not reach this decision earlier, as in immediately after SCOTUS declared the very same thing.

Also, to reiterate what you mentioned earlier… That one has to go through so many legal hurdles to have the state go along with legal precedent established in a higher court.

Too much political bullshit for me.

Bob,

Good point, but pretty sure that lifetime GPS monitoring would only apply to life sentences. This same opinion holds that lifetime GPS can’t be imposed once sentences are completed. Think the only way the state could get around that would be to amend all sex offenses to carry life sentences. Not saying that won’t happen, but seems pretty unlikely. At least in Georgia.

Florida, on the other hand…