Legislation passed by the Michigan Senate in Lansing would require registered sex offenders to pay an annual fee to help maintain the state’s sex offender registry. Senate Bill 221’s sponsor, state Sen. Rick Jones, said it is ready for the governor’s signature. “These are people who committed crimes,” said Jones, R-Grand Ledge. “I do not believe that the hardworking taxpayers in Michigan should foot the bill for a registry of crimes they did not commit.” In a news release on Thursday, Jones cited other states such as Indiana, which charges $50 per year…
Read MoreDay: October 25, 2013
OK: Sex Offender Law Successful Challenge Sets Stage for Other Jurisdictions
Recent decisions have relied on the reasoning of the US Supreme Court in Smith v. Doe when analyzing challenges to sex offender registry laws. The Smith decision notoriously held that Alaska’s sex offender registry did not violate the US Constitution’s prohibition on ex post facto laws. The US Supreme Court held that the Alaska registry was constitutional by applying a two-step analysis: first, determining whether the legislation was intended to have a punitive effect and if so, analyzing the results of the “intents-effects” test established by the court in Kentucky vs. Mendoza-Martinez. The Oklahoma Supreme Court…
Read MoreIn Defense of Rational Sex Offender Public Policy and Laws
The past several weeks I have been researching the sex offender laws applicable for sex offenders living in Rhode Island and in South Carolina. While not surprising, the laws are anything but rational and they are certainly not empirically based. This goes across the board, not merely in Rhode Island or South Carolina but at both the state and federal levels. The Adam Walsh Act of 2006 requires sex offenders to be classified in one of three tiers of supervision. Tier 1 sex offenders have lighter restrictions placed upon them…
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