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ACSOL’s Online EPIC Conference: Empowered People Inspiring Change Sept 17-18, 2021

General News

Punitive Effect of Retroactive Application of Sex Offender Registration Requirements

Typically, the courts find that the retroactive application of sex offender registration statutes does not violate the Ex Post Facto Clause, because such statutes are found to be nonpunitive. See, e.g., Smith v. Doe, 538 U.S. 84 (2003). Recently, however, the Supreme Judicial Court of Maine held that particular amended provisions of the Maine Sex Offender Registration and Notification Act (“SORNA”), as applied to Doe, the registrant in the case before it, Doe v. Anderson, 2015 ME 3, 2015 WL 149030 (not yet released for publication), were punitive and that their retroactive application to Doe violated the bill of attainder clause in the state constitution. The amended statutory provisions at issue in Doe were a retroactively added list of offenses to which SORNA applied, including the offense for which the registrant had been convicted, and an amendment that changed the triggering event for a duty to register: That duty no longer required a court determination but only a simple notification from the court or one of the named agencies. Full Blog Article

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I find it hypocritical that while they found that additional requirements constituted a sentence modification and hence punishment, they agreed that SORNA in general was not punitive. I guess they tied it to the triggering offense and how it was previously classified. The only reason it is “not punitive” is because they said so. Any objective look at the situation and it is clearly punishment on many fronts. I have maintained that we are essentially re-sentenced every time an additional compulsory requirement is added, and if we don’t comply, we are subject to new criminal sanctions and imprisonment. That is… Read more »

“j”, I agree. Frankly, I’m tired of people having the ready-made opportunity to shame me (or attempt to shame me) available on the Internet. I am actively involved in my community and on our local neighborhood connection app. I always harbor that sense that it is just a matter of time before some jack-hole posts an alert about me being an RC on the app, emailed to all my neighbors. Yes indeed, the Registry is a powerful tool to shame us, to silence us, to inhibit our successful re-entry and full participation in our communities, and to have a chilling… Read more »

CLIMB ON BOARD EVERYONE – THE TIME IS NOW!!!!!!!!!!!! It HAS begun and now the registry MUST GO! Here is you official chance to take your stand and take it down!  The WAR Admin Team AND our Class Action Core Team are proud to announce that we will begin work this week on two law suits to be filed at the federal level this fall. That’s right – two of them! The first is on behalf of registered sex offenders and the second on behalf of families and friends of registered sex offenders. The challenges will be against SORNA and… Read more »

“because such statutes are found to be nonpunitive.”

HAHAHAHA – lol – Ok, so lets see…how about letting one of these holier than thou “law makers” live under the restrictions of a lifetime sentence with all the hardships and limitations – basically destroying a life.

No second chance (sort of American right)…not even if it was a victimless crime. Nope…one strike and YOU ARE OUT!

I am guessing that after a decade of living like that, that they might just come to the inevitable conclusion that it IS INDEED punishment and cruel and most unusual punishment at that!

I am a non-convicted registered sex offender. The charge was supposedly committed on March 12,1991. After protesting & arguing my innocence for almost 3 years, I was coerced n2 taking a plea bargain on Feb. 28,1994, of deferred adjudication probation for a term of 5 years, under the promise of the dismissal of the indictment without prejudice upon completion of the 5 year probation term. While on probation, the judge put it in writing that the indictment would be dismissed upon completion, dated Jan. 1996. I then completed the full 5 year term h received the discharge on March 2,1999.… Read more »

I was accused of a sex offense on March 12,1991, in the State of Texas. After nearly 3 years of in & out of court, the date of the offense changing, (due to me having an alibi), having my attorney telling me what was going to happen to me in TDCJ, & listening to the sheriff tell potential jurors “You are gonna do the right thing today.”; “You are gonna help get crminals off of our streets today.”;”Only you can get justice for these victims today.” I was threatened, coherced, & intimdated into believing that I had no chance for… Read more »

Was never notified to register for over 23 years. Now East Baton Rouge falsified a form that I had registered there at 12:42 p.m. Jan. 4, 1996. I have my work sheet from Jan. 4, 1996 that I was at work that day. I worked 10 hours punched in at 7:00 punched out at 5:00 p.m. the work sheet system is iron clad and proves that I never registered. Tangipahoa Parish and the most corrupt sheriff ever known had me arrested 3 times on for failure to register and lied stating that I that I last registered in 1994. However,… Read more »

@ Gary ,,,,, ,, Please keep us informed , it sounds like a very interesting case , matter of fact your case sound like something an old friend of mine that lived in out in Texas some years ago , some one ran over him while he was out riding his motorcycle , it was hit and run , they never caught the person that hit him , so he never even had a real day in court ,

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