NM: Out-of-state convicted registrants sue Sheriffs over New Mexico Registration laws.
Eight out-of-state sex offenders now living in New Mexico are suing the Department of Public Safety and various sheriffs over a policy that places them on the State’s registry for life, even when their out-of-state offense only mandated a 10-year registration requirement (sound familiar?)
READ THE COMPLAINT: NM – Out of State
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You guys at FAC should also add this to your “out of state” lawsuit against Floriduh. Not just for people who are visiting but also for people who move to this state and are forced to register even if their registration from their home state ended.
In order to be put on the registry in the first place, you have to be sentenced to the crime. If you serve out your registration obligation and then (in what you THINK is your freedom) you move to another state (in this case Florida), then such state should honor the terms of the state you came from. Otherwise, it IS double jeopardy because you are technically being RESENTENCED to be on the registry.
Florida is violating constitutional law and needs to stop it. Doesn’t matter what the sex offense was and what FL law is regarding such offense. Look at it this way; If you committed armed robbery and the state you live in sentenced you to 5 years (the max for example) and then you moved to another state whose law is a minimum of 10 yrs for armed robbery, is the new state allowed to put you into their prison system (re-sentence you) because of THEIR law regarding such crime? No. So then the issue with the registry should be the same. Please, fight this!
I was put on the registry in Kansas in 1996 . Applied for removal in 2007. And removed. Soon after that moved a few miles away to Missouri they found out I had been on it in Kansas so they required me to get back on the registry in Missouri.
David M what yr you move to misouri?
Experienced
Moved to Missouri 2008
unfortunantally they didnt reove you from your Prior state and data bases they took down your public view….(a state) i was released from tried this on me was off 2006- 2008 went though child costody i won but of course my ex was banging a sherriffs deputy and a flyer came into court Ilegal act to sour the hearings , but again I knew it was still in system told sherriffs dept they have serious lawsuit comming the information disappeared.
Below is just another example of the absurdity that exists from state to state. It’s also apparent that even within a state, there is confusion.
https://www.insider.com/why-jeffrey-epstein-wasnt-on-new-mexico-sex-offender-registry-2019-7
“When Epstein bought his Zorro Ranch in 2010, Florida officials alerted New Mexico law enforcement that the pedophile was moving to the state, according to documents obtained by KOAT.
New Mexico officials initially sent Epstein a letter, telling him he would need to register as a sex offender at the Santa Fe County Sheriff’s Office, and he initially complied.
But just a month later, Epstein was sent another letter, saying he was being taken off the registry due to differences in state laws.
In that time, the New Mexico Department of Public Safety’s sex offender registry unit looked into Epstein’s case in Florida, and determined that it did not meet the New Mexico standard for being included on the registry since the victim that Epstein admitted to abusing was 17 — the age of consent in New Mexico.”
Does anyone know if it is possible to be added to a suit in process? I am in NM and have a misdemeanour conviction in another state that requires lifetime registration. NM similar offense requires only 10 years registration.
Any help is appreciated
Hi TS, If you read the court document till the end where the Attorneys’ sign their name and give bar number It does show attorneys’ office. Perhaps this would be better answer by them and not F.A.C
New Mexico’s requirements look just as onerous as Floriduh’s. Even if the plaintiffs were to win this case, how would it help us poor souls in Floriduh?
Persuasive precedent
Does not affect FL— FL statute lacks any NM-style due process in the first place.
Sounds good.
I wish we could get our Out of State challenge in the Court as well.