Better words can’t be written in a court opinion: “Under our constitution, citizens have the right to be free from retroactive punishment,” the decision said. The Montana Supreme Court ruled recently that the application of new laws after someone’s conviction is unconstitutional. The requirements of the registry are so demanding that it represents punishment. The combination of the punishing nature of the registry and the after the fact (Ex Post Facto) application rendered it unconstitutional to both the Montana and the US Constitution.
Montana’s registry for sexual and violent offenders is very similar to most states. It started simple and unobtrusive in the lives of those affected. It only involved mailing a post card. Time on the registry was also supposed to expire. Over years of having the registry in place, so many requirements and punishments for failure to comply were added with each revision that it was deemed to control the lives of those forced to be on it.
As troubling to the Judges, was their alarm at the lack of benefit to having people on the registry. No evidence was presented that convinced them that all these new requirements were reducing sexual or violent crime rates. They concluded the registry only existed to ostracize those forced to be on it.
This ruling will benefit all Montanans forced to register whose crimes were before major changes took place to registry requirements. It is a very big win.
I have been forced to register in cascade county for a sex crime I have never been convicted of, they have put me in jail sent me to prison and I have not been able to find employment for years because of this shit
Billiejoe:
Most states require a conviction. Move to a state that requires a conviction.
During my intake classes the PO calls me in to read and sign a paper saying I knew I was talking to a teenager which I refused to sign. He told me it was just a formality. Guess that was to safeguard themselves. Even the officer that arrested me said I didn’t have any porno on my computer.
With this Supreme Court decision many states will follow suit as court systems are becoming aware this registry is unjust and wrong in many respects in this con game inducement on many And people are filing suits also.
I was placed on the registry in Feb.2000 for making a comment and gesture. Sentenced to 5 years prison followed by 5 years probation. I successfully completed probation in 2008 and had been arrest free until Oct. 2022 when I was arrested for failing to include a utility trailer in the vehicles owned portion of my bi-yearly registration paperwork. These requirements were not in place at the time of my sentencing and because of this arrest I am no longer eligible to petition the court to be removed from the registry. How is this retroactive law not punishment?
@Jimmy
You should be ashamed of yourself owning a trailer that could lead to a sex offense (I am being sarcastic of course)
These things are just made up to do just what they did to you, cause you to mess up so you cannot ever be removed.
B to the S = BS ways to bar us from relief.
Sad when they cannot find enough legit crime to justify their job.
I came close once myself when I broke down in front of a school. Someone stopped and helped me push the vehicle onto the shoulder and about 10 minutes later a police cruiser pulled behind me and ran my plate. I explained I had already called for help to get towed and there was nothing I could do. He called his supervisor who told him as long as I did not go on the property and stayed with the vehicle until the tow truck came, I was in the clear.
How can this Montana State Ruling Best Be Used to Benefit the Rest of the 49…? My Conviction was in Manhattan Federal Court in January of 2008, over 8 years before IML was ever signed into law, and I only served less than 2 1/2 years at Fort Dix! I left the States (NYC) in February of 2019, and except for a Month (March of 2019 because I was turned away from every country I flew to) in Hawaii, L.A. and Arizona, I have stayed away from the U.S.!!!!!!!
IF IML NO LONGER APPLIES TO ME, AND EVERYONE ELSE WHO WAS CONVICTED BEFORE IT WAS SIGNED INTO LAW, A WHOLE LOT OF US SHOULD BE TALKING TO A LAWYER ONCE THAT IS THE CASE IN THE STATE THAT YOU WERE CONVICTED!!!!!!!!
Neil, I too was convicted in a federal court (CP offense). I served 5 years in federal prison and 10 years of supervised release without incident. The judge ordered me to register wherever I live, work, etc. My lawyer raised the question on jurisdiction and different sovereignties, but the judge didn’t really answer it. Nevertheless, the 11th Circuit affirmed my sentencing on direct appeal. No shocker there. My conviction and sentence both predate the IML. I’d love for that law to not apply on ex posy facto grounds. Not sure how to get this done though since Florida’s registry has not been deemed unconstitutional yet. Maybe I need to move to a state where the registry scheme has been deemed punishment/punitive, then challenge the IML
This is a step in the right direction. Last month we noticed the ruling about posting no candy signs on Halloween was unconstitutional because of compelled speech. Which is more invasive to someone , to put a sign on your door one day a year or to list all your private information , plus labeling you as something that instills hatred to the uneducated. Then spreading it on the internet for millions to be able to take out their vengeance on according to their imaginary qualms. Why is this not also compelled speech. To say the least.
On the news last night, the Florida department of Corrections stated it is thinking about freeing all inmates 50 and over who have a chronic health condition. They stated they can no longer afford to keep treating these conditions.
Not sure if they are being released onto probation or not. Also no mention of if anyone with a sex offense is eligible.
Source is WFTV but could not find a hard copy of the story online.
That usually means that those particular inmates are costing the State too much in medical costs vs the money gained from their being incarcerated. It’s a cost cutting measure. Nothing altruistic there. /Shrug
Hooray! Seems like this Supreme Court see’s this registry as a bit of trespassing against another. Yes he made a decision which is a bit more theocratic and knows a lot about biblical truth. Many make choices as in well you made a choice in much of this registry game.
Decisions are more theocratic than a choice which is what I made. Course I had my discernment all the time but I didn’t want to argue with the officer at the time. Course he had to think of something else when I mentioned theirs a difference.. LE are dooming their own selves in all this game.
This is an excellent precedent in a relatively conservative state! We here in Florida will have our Ex Post Facto day in court as well!
This UNCONSTITUTIONAL ATTACK ON REGISTRANTS AND THEIR FAMILIES MUST END! So glad I can make monetary contributions to the Florida Action Committee.
guys little by little each state will come to change or abolish the registry. We already have a few states who have found this registry unconstitutional. We need to keep pushing forward and keep the good fight so justice can we serve to all. My hope is that in this next year SCOTUS will find SORNA unconstitutional and that will be our huge win. Lets be happy now for Montana.. God bless you and God bless the USA!
Can this ruling be appealed to the U.S. Supreme Court?
i Believe they can but I think it would rare for SCOUTS to overturn a State Supreme court. My guess is they punt on this and leave the MT rulling intact. If they were to take it they would be bound by well guided by Doe V Smith 2003. So best case is they dont take it and let more and more states rule it unconstituional until SCOTUS has no choice but to reverse themselves in Doe V Smith.
SCOTUS can be applied to and can rule on it, if accepted to be heard. They did not for PA when PA applied to SCOTUS with their big PASC registry case and was denied to be heard.
My point exactly. Even if MT appealed to SCOTUS, I doubt would take it.
Tearfuleagle
50 different states, 50 different state supreme courts, 50 different laws/requirements and 50 different registries. Add to that, each county in each state tweeks their registry rules to suit themselves. That is untold 1000s of different registry compliance rules.
On top of that, one state wins a victory over the registry while the rest of us suffer. Since it is supposedly over seen by the Feds, again, each state makes their own versions of the said punishment (Which somehow isn’t punishment at all?)
I have always thought that ex post facto is going to be the key to abolishing the registry altogether. Can you imagine the logistic nightmare for the state of figuring out which of these punitive laws apply to whom?
I love how something can be deemed unconstitutional, yet only applied to those before a specific date. I’m sorry, but if it’s deemed unconstitutional, it should apply to everyone, no matter any date! Let’s call it for what it truly is, the separation of those who came before, and those who remain after!
@Tereto
Although I agree with you, to explain it, people like myself had an offense that was 6 years before the registry, was arrested 5 years before the registry. Was sent to prison, 4 years before prison. The exact month I was released from prison, the registry in Florida started. The day after I got home, my celebration of getting out of prison was to go register, then go meet my probation officer.
Ever hear kick someone who is already down? How do you expect people to prove they are not dangerous if they have to everyday wake up knowing they are not a free citizen (Probation like registry).
As far as those who who were not retroactive, I agree no one should have that happen, yet we all will take the wins we can get. When I see someone who has gotten off the registry and I didn’t, I am happy that at least we are making progress, even if it isn’t me.
PLEASE God, those who get removed from Montana, DO NOT MOVE to FLORIDA. You will be added back onto the registry for life. Many on F.A.C have commented they moved to Florida after being removed somewhere else but then told they had to register in Florida. Why?
It is like escaping from your kidnappers, but in the process of getting away, you get hit by a car.
You are absolutely right Cherokee and I would say it’s like getting away from your kidnappers and then get kidnapped by some more that are even more violent
I think differently. I hope there is a person who had a conviction in Montana before they created the registry. Now if they’re in our state they can file to be removed in since Montana has ruled it punishment. Since now with the legal ruling behind this person they have a greater chance than the case of removal https://law.justia.com/cases/federal/appellate-courts/ca11/22-10420/22-10420-2022-09-14.html this case the man was off the registry in his original state but the 11th circuit said there is a rational reason for still keeping the man on the Florida registry.
Now we can argue if we can get a plaintiff who crime took place in Montana their state has ruled the punishment of the registry now if they challenge to be removed from being here in Florida it seems the state (Florida) would be forced to explain why the Florida registry is different than the Montana registry which there was registry was ruled unconstitutional. We all know Florida is just as harsh as Montana so the court would have a hard time showing how it’s not punishment.
That’s why one ex-registrant, who is intellectual disabled and so disabled that he always need 24/7 care and supervision for life, cannot go to Florida for this reason even although he is no longer in registry. He lost his livelihood he once enjoyed and his mental, social, and verbal skills dwindled as result. His family pay a lot of money to comply with registry. I am heartbroken for this man but cases like his are too common.
Praise God someone has good news and a victory.
Proverbs 21:15
“When justice is done, it brings joy to the righteous but terror to evildoers.”
What was the argument that allowed MSC to make that ruling?
Ok… good. If there is no action then it’s just a feel good.
Can we take a big scoop of this, mix it into Clements, and serve it over ice to SCOTUS? With a side of grilled SORNA? 🤷🏻♂️
God bless Montana!
We need the registry here in Missouri abolished completely only the police departments need the information on people. I was on probation 5 years and served it successfully and did treatment. Have led a good life since. I took a plea in 1991 , and didn’t have to register for years until they changed laws. Now have to register every 3 months. When will it end. I was 27 then , 60 now.
I had ten years added because of that exfacto crap . I never even recieved a notice. I had one year of 10 left when I was doing my annual registration , and I saw something on the wall at the police station.
Florida needs a very big win.