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	<title>
	Comments on: New law review article on recidivism and Ex Post Facto challenges to sex offender registration.	</title>
	<atom:link href="https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/feed/" rel="self" type="application/rss+xml" />
	<link>https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/</link>
	<description>Reforming Florida’s Sex Offender Registry Laws</description>
	<lastBuildDate>Mon, 25 Mar 2019 14:29:40 +0000</lastBuildDate>
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	<item>
		<title>
		By: DavidM		</title>
		<link>https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12038</link>

		<dc:creator><![CDATA[DavidM]]></dc:creator>
		<pubDate>Mon, 25 Mar 2019 14:29:40 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=7989#comment-12038</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12037&quot;&gt;Tricia&lt;/a&gt;.

In Missouri also  they have decided that Ex-Post Facto Laws do apply to those on the registry. but they still ask you to  list all your info , vehicles, e-mail , web sites etc, but if you don’t they know there is nothing they can do. They have passed a number of more punitive laws since its start , but now the sheriff s office has to try and keep track of when each of these laws was passed ,who they apply to ,when the registrant  offended, and figure out  which laws apply to who. They can’t even keep track of it. So if there is some of the information that’s not up to date they just say , bring it in next time.  As  long as the public doesn’t know what is really going on the police know all that information is just crap anyway. It’s all just a show.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12037">Tricia</a>.</p>
<p>In Missouri also  they have decided that Ex-Post Facto Laws do apply to those on the registry. but they still ask you to  list all your info , vehicles, e-mail , web sites etc, but if you don’t they know there is nothing they can do. They have passed a number of more punitive laws since its start , but now the sheriff s office has to try and keep track of when each of these laws was passed ,who they apply to ,when the registrant  offended, and figure out  which laws apply to who. They can’t even keep track of it. So if there is some of the information that’s not up to date they just say , bring it in next time.  As  long as the public doesn’t know what is really going on the police know all that information is just crap anyway. It’s all just a show.</p>
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		<item>
		<title>
		By: Tricia		</title>
		<link>https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12037</link>

		<dc:creator><![CDATA[Tricia]]></dc:creator>
		<pubDate>Sun, 24 Mar 2019 07:56:05 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=7989#comment-12037</guid>

					<description><![CDATA[Manual in effect on the date of sentencing would violate the &lt;strong&gt;ex post facto&lt;/strong&gt; clause of the United States Constitution.”) (citing]]></description>
			<content:encoded><![CDATA[<p>Manual in effect on the date of sentencing would violate the <strong>ex post facto</strong> clause of the United States Constitution.”) (citing</p>
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		<item>
		<title>
		By: James		</title>
		<link>https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12036</link>

		<dc:creator><![CDATA[James]]></dc:creator>
		<pubDate>Sun, 10 Mar 2019 13:55:07 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=7989#comment-12036</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12033&quot;&gt;rpsabq&lt;/a&gt;.

Thanks, very good to know this. From Florida!

I am curious though, have you heard anything about the constitutionality of imposing additional penalties (under the color of it being a civil penalty as vs a criminal penalty)?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12033">rpsabq</a>.</p>
<p>Thanks, very good to know this. From Florida!</p>
<p>I am curious though, have you heard anything about the constitutionality of imposing additional penalties (under the color of it being a civil penalty as vs a criminal penalty)?</p>
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		<item>
		<title>
		By: L-M		</title>
		<link>https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12035</link>

		<dc:creator><![CDATA[L-M]]></dc:creator>
		<pubDate>Fri, 27 Apr 2018 13:17:57 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=7989#comment-12035</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12021&quot;&gt;charles pettus&lt;/a&gt;.

My situation was in 1984 in Michigan, and in 2011 they started the retroactive thing. Maybe they are worried of a big lawsuit.
If that&#039;s true I would be first in line.
Living in Florida now 34 years later.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12021">charles pettus</a>.</p>
<p>My situation was in 1984 in Michigan, and in 2011 they started the retroactive thing. Maybe they are worried of a big lawsuit.<br />
If that&#8217;s true I would be first in line.<br />
Living in Florida now 34 years later.</p>
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		<item>
		<title>
		By: Florida Action Committee		</title>
		<link>https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12034</link>

		<dc:creator><![CDATA[Florida Action Committee]]></dc:creator>
		<pubDate>Thu, 15 Mar 2018 13:50:39 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=7989#comment-12034</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12031&quot;&gt;rpsabq&lt;/a&gt;.

We retained a private attorney who is preparing a Florida Ex Post Facto challenge.
Please regularly read our posts and call into our monthly member meetings to stay up to speed on what we are doing.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12031">rpsabq</a>.</p>
<p>We retained a private attorney who is preparing a Florida Ex Post Facto challenge.<br />
Please regularly read our posts and call into our monthly member meetings to stay up to speed on what we are doing.</p>
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		<title>
		By: rpsabq		</title>
		<link>https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12033</link>

		<dc:creator><![CDATA[rpsabq]]></dc:creator>
		<pubDate>Thu, 15 Mar 2018 00:25:32 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=7989#comment-12033</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12020&quot;&gt;David&lt;/a&gt;.

that&#039;s why we need a federal law deciding once and for all the ex post facto issue.  Until then it will be decided state by state.  And i assume you meant &quot;move to&quot; rather than &quot;visit.&quot;   If you are not on a registry in the state where you live but proactively go to to register with states you visit you are just asking for a living hell.   When a state takes you off their registry, you&#039;re done registering as far as I am concerned.    I legally moved to a state where I was able to bring a court case in that state, won and was excused from registering but I am still on the registry in Florida.   I never ever register in any state that i visit (especially Florida - let them come find me, it&#039;s well worth the risk.  who&#039;s scared of jail when faced with this bullshit on the street??)  and I also will never ever register in any state if I ever move - which I won&#039;t.     But i need off the registry in Florida and that is what i am currently working on.   I don&#039;t understand why more people are not leaving Florida - i don&#039;t think they realize that the chances of moving to another state (like Ohio) and having that state decide that registering isn&#039;t required, is quite high!]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12020">David</a>.</p>
<p>that&#8217;s why we need a federal law deciding once and for all the ex post facto issue.  Until then it will be decided state by state.  And i assume you meant &#8220;move to&#8221; rather than &#8220;visit.&#8221;   If you are not on a registry in the state where you live but proactively go to to register with states you visit you are just asking for a living hell.   When a state takes you off their registry, you&#8217;re done registering as far as I am concerned.    I legally moved to a state where I was able to bring a court case in that state, won and was excused from registering but I am still on the registry in Florida.   I never ever register in any state that i visit (especially Florida &#8211; let them come find me, it&#8217;s well worth the risk.  who&#8217;s scared of jail when faced with this bullshit on the street??)  and I also will never ever register in any state if I ever move &#8211; which I won&#8217;t.     But i need off the registry in Florida and that is what i am currently working on.   I don&#8217;t understand why more people are not leaving Florida &#8211; i don&#8217;t think they realize that the chances of moving to another state (like Ohio) and having that state decide that registering isn&#8217;t required, is quite high!</p>
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		<title>
		By: rpsabq		</title>
		<link>https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12032</link>

		<dc:creator><![CDATA[rpsabq]]></dc:creator>
		<pubDate>Thu, 15 Mar 2018 00:15:34 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=7989#comment-12032</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12019&quot;&gt;us army vet ken&lt;/a&gt;.

Because civil regulations are enforced via criminal punishment - otherwise there would be no teeth to make people have a driver&#039;s license for example.   Courts have to first decide on the punitive/civil question first, which is the hardest step.  If the court says Civil, then you appeal, if they say Punitive then you can move forward and ask the court to then decide the ex post facto question (once the civil/punitive question is answered the ex post facto question is an obvious &quot;of course&quot;.)  How that is all navigated is what a good lawyer is for and the process differs in every state.   Also keep in mind that when we hear of the final outcome of these cases, they have been in the courts for years, sometimes as many as ten+!   When you lose at the local/district level (and most do) you apppeal, if you win, the State then appeals and so you wait another year or 3, if the appeals court keeps to the civil bullshit, on you go to the state supreme court after a few more years and that&#039;s only if the state supreme court AGREES to hear it, which our state supreme court has REFUSED several times to hear cases similarly situated.  Then you are bound to the appeal&#039;s court decision and your case is dead at the State level with your only recourse being the SOCTUS and they very rarely decide to hear a case that was knocked down by both the District, appeals and refused by the State supreme court.  See, the higher courts are never forced to hear any case they don&#039;t want to.  So you have to start all over again, this time using the Federal system, again starting out at the local Federal Court house, then the Federal circuit appeals court in Atlanta and so on.... all of that takes years and  years and is what Florida Action committee is currently involved in regarding the Dade county folks stemming from actions starting in 2008(9).  They recently have had a victory in Atlanta with that court in that they will hear the case as is and they have allowed the case to move forward after a laborious, time wasting effort on the part of the State of Florida to have the case thrown out on some technicality.  When oral arguments actually occur for that case, I do not know but i believe that is the next step if i&#039;m not mistaken.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12019">us army vet ken</a>.</p>
<p>Because civil regulations are enforced via criminal punishment &#8211; otherwise there would be no teeth to make people have a driver&#8217;s license for example.   Courts have to first decide on the punitive/civil question first, which is the hardest step.  If the court says Civil, then you appeal, if they say Punitive then you can move forward and ask the court to then decide the ex post facto question (once the civil/punitive question is answered the ex post facto question is an obvious &#8220;of course&#8221;.)  How that is all navigated is what a good lawyer is for and the process differs in every state.   Also keep in mind that when we hear of the final outcome of these cases, they have been in the courts for years, sometimes as many as ten+!   When you lose at the local/district level (and most do) you apppeal, if you win, the State then appeals and so you wait another year or 3, if the appeals court keeps to the civil bullshit, on you go to the state supreme court after a few more years and that&#8217;s only if the state supreme court AGREES to hear it, which our state supreme court has REFUSED several times to hear cases similarly situated.  Then you are bound to the appeal&#8217;s court decision and your case is dead at the State level with your only recourse being the SOCTUS and they very rarely decide to hear a case that was knocked down by both the District, appeals and refused by the State supreme court.  See, the higher courts are never forced to hear any case they don&#8217;t want to.  So you have to start all over again, this time using the Federal system, again starting out at the local Federal Court house, then the Federal circuit appeals court in Atlanta and so on&#8230;. all of that takes years and  years and is what Florida Action committee is currently involved in regarding the Dade county folks stemming from actions starting in 2008(9).  They recently have had a victory in Atlanta with that court in that they will hear the case as is and they have allowed the case to move forward after a laborious, time wasting effort on the part of the State of Florida to have the case thrown out on some technicality.  When oral arguments actually occur for that case, I do not know but i believe that is the next step if i&#8217;m not mistaken.</p>
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		<item>
		<title>
		By: rpsabq		</title>
		<link>https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12031</link>

		<dc:creator><![CDATA[rpsabq]]></dc:creator>
		<pubDate>Wed, 14 Mar 2018 23:54:58 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=7989#comment-12031</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12023&quot;&gt;RM&lt;/a&gt;.

absolutely correct.   The case was against the State of Michigan not against the United States.   By not speaking the SCOTUs is agreeing with the decision and it ends there.   I wish I could understand why we have yet to have our day in our Federal Circuit or with our state Supreme Court.  Has there been absolutely no one to bring a case via a private attorney??]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12023">RM</a>.</p>
<p>absolutely correct.   The case was against the State of Michigan not against the United States.   By not speaking the SCOTUs is agreeing with the decision and it ends there.   I wish I could understand why we have yet to have our day in our Federal Circuit or with our state Supreme Court.  Has there been absolutely no one to bring a case via a private attorney??</p>
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		<title>
		By: MM		</title>
		<link>https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12030</link>

		<dc:creator><![CDATA[MM]]></dc:creator>
		<pubDate>Wed, 14 Mar 2018 23:00:05 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=7989#comment-12030</guid>

					<description><![CDATA[Not sure if this article was ever posted on the site, but it&#039;s a good read:

http://america.aljazeera.com/articles/2015/8/27/harsh-sex-offender-laws-may-put-whole-families-at-risk.html]]></description>
			<content:encoded><![CDATA[<p>Not sure if this article was ever posted on the site, but it&#8217;s a good read:</p>
<p><a href="http://america.aljazeera.com/articles/2015/8/27/harsh-sex-offender-laws-may-put-whole-families-at-risk.html" rel="nofollow ugc">http://america.aljazeera.com/articles/2015/8/27/harsh-sex-offender-laws-may-put-whole-families-at-risk.html</a></p>
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		<title>
		By: Florida Action Committee		</title>
		<link>https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12029</link>

		<dc:creator><![CDATA[Florida Action Committee]]></dc:creator>
		<pubDate>Wed, 14 Mar 2018 13:18:16 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=7989#comment-12029</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12022&quot;&gt;David M&lt;/a&gt;.

yes, they represent us in our SORR challenge and in other challenges across the country.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/new-law-reviews-article-on-recidivism-and-ex-post-facto-challenges-to-sex-offender-registration/comment-page-1/#comment-12022">David M</a>.</p>
<p>yes, they represent us in our SORR challenge and in other challenges across the country.</p>
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