Sex offender cases in Pennsylvania are being remanded in the wake of Commonwealth v. Muniz, the PA case which found their registry unconstitutional under the ex post facto clauses of the United States and Pennsylvania Constitutions.
In Commonwealth v. Polzer, the appellant introduced the issue of whether, “SORNA’S irrebuttable presumption that all sexual offenders pose a high risk of reoffending violates procedural and substantive due process under the Pennsylvania Constitution.” and the due process clause of the Fifth and the Fourteenth Amendments to the United States Constitution.
In light of its own precedent in Muniz, the answer is yes. It’s time we see the same happen in other states.
Just found out I’m off the list. I was tier 1 and upgraded to tier 3 when sorna took effect. This changed my registration period from 10 years to life. And instead of once a year I had to report 4 times a year. This was very disheartening especially since this sorna passed when I had less than a year of the original 10 years to walk off. I found out I got taken off by accident. Between April 7-16 was one of my registration periods, and I didn’t get my letter so I searched the database for my name and found I was no longer on there. I though they made a mistake but after a little research I found out I had been released. But now the question becomes how long will those of us let off get to stay off before they enact some new draconian law? Though the battle is won for some of us, the war is far from over. We have to fight and keep fighting til we end this scarlet letter branding completely.
GREAT NEWS!!!
I plead guilty in 1989 to a sex offense was sentenced to 5-20 yrs. At time no Megan’s law or anything similar existed while incarcerated approx. 6 yrs later Megan’s law came around and upon release I became aware that I must register as S.O. now that the courts found that these laws cannot be applied retroactively that they are in fact punitive does anyone know if I will be removed from any , all registries?
Luis – IF YOU ARE IN PA (which I think you might be), you should consult with an attorney ASAP for a formal opinion as to whether you need to continue to register.
I was only told to register for 7 yrs back 2011 what happen now?
22 years on the Registrar here in Florida and never have had any relief! JEV
It’s now been 19 years for me on the registry in Florida. It was supposed to be for only 10 (that was the law in effect in 1997, the year of my offense), which was a factor in my decision to plead guilty. Now I have 17 more years before I can go to the court and ask to be removed, with no guarantee of success.
While this case would only be persuasive in a Florida court of law it does set a welcome basis for anyone that is planning on doing the same thing here.
I would like to thank everyone involved with this organization for everything you have done.
It’s pieces like these that has made me oddly optimistic for 2018.
Thank you!
Why not
I dont undersyand. What does remand mean?
Sent back to the lower court to be “corrected”
Forgot: No one that it effects will have need to go back to court, provided PSP make no mistakes. PSP has to review eveyone on the registry and if they fall under the decision PSP will remove them or put them back into the teir or catagory they were in pre 20 Dec 2012 when SORNA went into effect.
So people that should not have been put on but were will be off it all together. Teir II or III, if they were 10yr pre 20 Dec 2012 they will go back to 10 year and if that 10 year time limit is up as of now they are taken off the registry. No court orders needed, or if there was I would guess the AG of PA did an order that was blanket.
If they remanded a sentence it would go back to lower court.
In this case SORNA was remanded by the higest court in PA and SCOTUS denied apeal. That means the ex post facto parts of SORNA no longer exist.
This is why legislature had to rewrite law to fix it.
The Registry showed 21,500 (+-) and after the new law was signed on Feb 21, 2018 it was put out by the time they take everyone off that has to be taken off the number will be around 12,000. That’s 9,000 people that will be removed from the registry.