TN: Great Decision Out of Tennessee – Registry Violates Ex Post Facto
Yesterday, a Federal District Court in Tennessee found that the Tennessee Sex Offender Registry, as applied to the Plaintiff, violates the Constitution.
The Court found; that the restrictions of SORVTA are much like traditional punishments of shaming, banishment, and probation, particularly when those restrictions are imposed for life, that the registry imposes an affirmative disability or restraint on Plaintiff, that permanence of SORVTA’s restrictions, based solely on his prior offense rather than a present potential of re-offense, weigh in favor of traditional punitive aims, among other things.
The Court concludes that the effect of lifetime compliance with SORVTA is punitive as it relates to Plaintiff. While the court made clear that this only applies to the plaintiff, the facts and circumstances are likely common to most on the Tennessee registry prior to 2004.
A copy of the decision can be found here: TN Doe v. Rausch
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Is this something that can be challenged in court? Obviously there is a big discrepancy between “For life and then after “20-25 years” someone can petition for removal. It’s either/or not both as far as I can see. Also Big J mentioned
“Who do not comply with the requirements of offender registration laws commit a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. • Must maintain registration with FDLE for the duration of their life, unless they have had their civil rights restored or have received a full pardon or have had a conviction set aside in a postconviction proceeding for any felony sex offense that meets the criteria for classifying them as a sexual offender for purposes of registration.”
This is something I remember seeing before my conviction- my issue with this it’s too broad. What is the likelihood this can the challenged if not already?
Just out of curiosity, does anyone know if Tennessee, like some other states, automatically classifies out of stators as lifetime registrants? I wouldn’t think so because they have a provision that says that a 10 year registrant from out of state have to wait for five years after they have moved to Tennessee or the original 10 years which ever is later. But it would be interesting to see when that five-year rule was put into affect and also when their general law regarding residency restrictions was passed. I think and really hope that the next area that the legal Eagles start exploring is the treatment of out-of-state registrants in some states where the law provides for removal from the registry after a reasonable time. I seem to recall that we had a case in Indiana like that recently although I don’t remember if it was a federal or state case. We have a number ofStates like Ohio and Pennsylvania were certain X post Facteau application of their laws have been struck down by their own courts, but they still treat out of stators differently. As many of you probably know, there a goodly number of states who either say you register for the amount of time our laws say or your state of conviction which ever is longer. Some others just automatically classify you as a lifetime registrant regardless of your offense. Florida is one of those states.
The Florida law says that you can petition for removal after A period of time once you have completed all sanctions. Last time I heard maybe one or two people had actually been removed. But it does raise an interesting question. If we count this most recent case where someone supposedly don’t have to be on the registry because he hasn’t completed his sentence or something like that because he hadn’t paid a fine then are we effectively saying that the state the name have to consider us for removal until 1015 or 25 years after we paid all of our phones? Isn’t that whatThey are trying to do with the voting rights registration law? Like I have said in the past sometimes these wins aren’t exactly wins
Look up Person ordered removed from Florida Sex Offender Registry that may or may not answer some of your questions about removal the problem is there aren’t enough Lawyers out there qualified to do so and those that are want a arm and a leg knowing we can’t afford it so 20 or 25 it might as well be life we ain’t got the money for it any how so just sit back watch FAC and pray for the best just saying
Just to clarify, FAC is correct, Registration has NEVER been 5 years, 10, years, etc: Please refer to the 1998 State law from FLDE: (Also I would recommend against posting information that simply is not accurate, this can and does affect people’s lives)
Who also meet all qualifying criteria for sexual offender, sexual predator, including a court finding, must register as a sexual predator as required under s.775.21. (1998, FDLE)
• Who do not comply with the requirements of offender registration laws commit a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. • Must maintain registration with FDLE for the duration of their life, unless they have had their civil rights restored or have received a full pardon or have had a conviction set aside in a postconviction proceeding for any felony sex offense that meets the criteria for classifying them as a sexual offender for purposes of registration.
Big J, ur are wrong too. U didn’t have to have a court ruling. U could be subject on being on probation on Oct 1, 97 and just thrown on there out of the blue. Those are the ones that need to have their case either reopened or at least taken off the registry. Whether u wanna call it punishment or whatever, at the very least it causes severe mental anguish and is by far important enough to know ahead of time.
Not sure how they got away with applying even to those who were still in prison either. None of them got a chance to fight it as they had already been found guilty or made a plea. For example, when gain time got taken away, those who already had it like myself got to keep getting gain time. Those who were sentenced the day the ruling started and after would not longer get the previous gain time. I did about 40% of my time whereas those after me were subjected to 85%.
Imagine the riots that would have taken place if those already doing just 40% of their time got ex post facto-ed to 85% while still serving time. The 40% made even the most violent offenders re-think attacking someone as to be able to get home. 15% potential of getting out early is not much incentive to behave. On a ten year sentence you would get out in 8 1/2 years whereas on doing 40% of your sentence you would get out in 4 years, if you didn’t mess up and lose gain time.
There was one fellow in there who was a quiet older man. He kept to himself and never bothered a soul. Even the most hardened guy in there had nothing bad to say about the guy. During a raid, the guards found him with some colored highlighter markers to mark in his Bible, which for some reason was against the rules and he got a write up that cost him some of his gain time.
The point is, they ( Jerk law makers and politicians ) pick and choose which laws they want to make retroactive. Always seems to be those with sex related charges that get the trial run on legality of this BS.
Pretty sure the TBI will find some reason to keep this guy registered, and that whatever reason they come up with will be absurd. They lose SORNA dollars if too many people are removed; can’t have that.
Nonetheless, I hope he keeps at it. Appeal their decision all the way up and take it to court again if need be. A federal court would probably be ideal. Local criminal/superior court judges are elected and every bit as much politicians as the legislators that write these stupid laws. Face it, the politics of the moment swing far more discretionary opinions and rulings than fairness, justice, and search for truth ever will.
Tenn is not in compliance anyway as most folks can petition to get off the registry after 10 years or 5 years after moving to Tenn whichever is later…….in theory