But theyvwould skew the levels and make something like viewing cp a level 3 ….. careful what we wish for especially in a skewed environment as florida. Tiers here wouldnt eliminate the overall issue of their optics and what they want the population to perceive.

Hopefully F.A.C can used this case in their Ex post facto case as well!! Showing it is Punitive and not civil. I can see the small light at the end of the tunnel. Perhaps total freedom! After all, every other offender who completed their sentence doesn’t have to report in to Big brother.

” The court found SORA to be more like criminal probation or parole than like a civil regulation. “

and that’s the most important part. It’s a lifetime criminal probation/parol here in FL. They also know that if they implement a risk assessment and let due process, their precious registries would drop in numbers significantly by the chunks and most likely by 90% or even more.

That was the whole big deal with the Snyder case and some federal courts echoed the same things. There is 1 ) no due process, there is 2) no risk assessment and 3) state sora’s are like being on probation, or better said, it’s an ” extension ” of probation ( which IMHO, is exactly what SORA registries are )

The crux of the Snyder case was decided on those factors. Here is a little piece from it from the 6th circuit decision on Snyder :

” In a unanimous opinion, the Court of Appeals decided that retroactively imposing punishment without individual risk assessment or due process violates the Constitution. The court noted that the 2006 and 2011 SORA amendments added geographic exclusion zones, imposed strict new reporting requirements, and extended registration up to life for the vast majority of registrants, without providing any review or appeal (with rare exceptions). The court found SORA to be more like criminal probation or parole than like a civil regulation. “

And a violation of the law is not a violation of court-imposed conditions, unless, of course, one is under court supervision.

There is a thought-provoking discussion below regarding “government” supervision. But that strikes me as a term of art that has no specific legal definition. We are supervised by the government every time we drive by a cop car, renew our driver’s license, or walk into a government building with security cameras, among other things.

But even if it is considered (wrongly) to be simply a civil sanction, it is, nonetheless, still a supervisory scheme.
Question:”Can a US citizen be placed under government supervision (be it civil or criminal) without due process?”
Certainly, we were not afforded due process.

Yes, but courts routinely call it “regulatory” or “civil” to get around the constitutional problem of imposing punitive action. To them, the fact that it’s clearly punitive is just sheer coincidence.