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National

KY: Bill would create annual fee for people on state’s sex offender registry

A bill filed by Muhlenberg County state Rep. Melinda Gibbons Prunty would, if approved, create an annual fee that would be paid by people required to register with the state sex offender registry. Full Article

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  1. David

    Outrageous!! And that’s not continuing punishment?? Oh, and this was lovely: “Prevent Child Abuse is also working to gather advocates for the bill.” Well of course, they’re in favor of it!! With this Bill and the required fees, registrants will be mandated to “donate” to their charity. 😡

    • ML

      How are mandatory fees not punishment? The state can charge fees for licenses but how many items are not elective but a fee is mandatory? This is punishment.

  2. TS

    Kentucky is trying to do this possibly because they’re not SORNA compliant as of the latest smart.gov chart, December 2017. Meaning they do not get federal assistance funds to run the registry like other states who are compliant.

    • TS

      They could also be doing it because they saw the profit TN made recently on their registry (noted here on this website of over $2.4M beyond what it costs to run the registry) and thought they wanted some extra budgetary spending money too.

  3. Henry

    Someone there needs to attend the the hearing while it’s in committee and let them know it’s further punishment for those who’s sentence has already been completed and thus an ex post fact violation. Then, plan to fight it in court if/after it passes.

    Let me be quite clear, politicians are not smart by any means. They are greedy, but not smart. They let their butts hang out when they make unconstitutional laws (many if not all know the SO laws are against the constitution) but they do it to make themselves look good to the voters, they take kickbacks from the lobbyists in the form of contributions to their campaigns and others do it out of plain meanness because of something that happened to them in their past. But ultimately we will win not them because the law is on our side.

  4. Dustin

    Strikes me more as paying for the privilege of being discriminated against, harassed, and generally having the public spit in your face. All regulatory, of course…

  5. New Person

    Sounds like extortion to me with the law behind the extortion.

    A registrant has already paid their dues to society once they are out of state custody. But the registry forces them to continue their service to the state as a free citizen. Not only do registrants must service the state via the registry, but they also have to pay to maintain the registry. Some of that portion of the fee is also diverted to other programs.

    Wait, so someone else is making money off of registrants? Actually, someone is making money off of registrants to “maintain the registry”. This is stated in the article and that many other states that do charge registrants stated this fact as well.

    In law, a fine is a punishment. I don’t know how the law worked around forcing a fee to registry and a failure to pay that fee results in another punishment. A fee is a payment, in other words, a fine. In this article, the first offense would be fined $250. The second offense would be a class B misdemeanor.

    It’s akin to the registry not being punishment, but avoiding the “involuntary servitude” aspect. The registry was applied once you were convicted of a crime. You received punishment AND the registry. But the registry isn’t punishment and it is imposed upon a free citizen that was convicted of a sex offense only. Yet the constitution states that “Involuntary Servitude” is prohibited unless to punish a crime.

    A free person can walk away from any service (job) and the only consequence would be a loss of wage or job. That’s it.

    4 traditional factors of Involuntary Servitude:
    1. Contract. (For a registrant, it started once you were convicted.)
    2. Compensation. (There is no compensation for this service as a free citizen.
    ……………………….(Remember, you’re following registry rules everyday, thus
    ……………………….(you are serving the state everyday, under punishment of law.)
    3. Term. (It varies per state, but in CA, there is only one term. A lifetime term.)
    4. Domination. (Are you forced into service, including under penalty of law?)

    Now, for KY’s new bill, part of their new service is to pay their employers (the state of KY) on top of compulsory service to the state or be punished for not adhering to the new service of payment. That’s like the mob saying you’re paying us to watch over you since you moved into our neighborhood and we’ll give some of that money to our wives as well. If you don’t pay, we’ll come after you. If you can’t make money now, don’t worry, but the moment you do, then we’ll collect.

    Remember Jim Crow laws and how ashamed as a country we were to have ever been in that situation? Or the Japanese internment camps on US Citizens who are of Japanese descent during WWII? Look at what the country is doing to free US Citizens once again. No one believes that involuntary servitude exists in today’s era, but here we are.

    In Mike R’s suit, the AG belittled the registry by stating two things:
    1. Tried to compare it slavery conditions. (That’s slavery, not involuntary servitude.)
    2. Involuntary servitude is constitutional to Jury Duty, Military Service, Road Work, and Tax Reporting. (But all those apply to ALL US Citizens the moment they are US Citizens. The registry is applied AFTER a CONVICTION and only one type of CONVICTION – a sex offense conviction.)

    I’m a layman. So when the Constitution states that involuntary servitude is prohibited unless to punish a crime, then I interpret that as forced service is prohibited unless to punish a crime. If you were convicted of a crime and paid your punishment dues, then you have completed with your involuntary service to the state. Any other imposed service is deemed unconstitutional by law.

    For example, if you were under probation, then you lived in the street, but had to follow rules set before you by the courts and check-in with your probation officer, including going out of state. That’s an everyday service. If you violate any terms set by the court any time on your probation period, then you will be punished.

    How is that any different from the current registry aside from frequency? The courts set rules for you to follow still. You check in with your local PD, at least once a year. You are subjected to compliance checks. If you plan on travelling (for work or leisure) to another state for an extended period of time that you will have to register in that state, then you will have to inform state. If you plan on travelling to another country, then you have 21 days to inform your state. You violate any rules and restrictions set by the state, then you will be punished. This is on a free citizen. Any other free citizen who violates these same conditions would not be punished. Any other free citizen with a conviction not a sex offense who violate these same conditions would not be punished.

    This KY bill will be another rule legalizing another service upon a free citizen that no other free citizens would be subjected to or punished for not following, except this time it’s wanting money on top of your “involuntary” service. A fee is a fine. A fine is punishment. I suppose it’s easy to dupe basic laws when you’ve been convicted of a sex offense.

  6. David Kennerly, Samizdat Scribbler

    Perhaps Registrants should see these fees as donations to the cause of eventually proving registration to be punishment. Yes, they’re extremely onerous and, no doubt, many Registrants are in no position to pay what are, essentially, fines assessed years after their punishment was determined but it makes our case that Registration is punishment as much as any other encumbrance placed upon us. I would say that these legislators are very foolish for imagining that these fines advance their own cause of continuous harassment and marginalization. They’re making our argument for us.

  7. Lake County

    Please take note that “House Bill 206 would require everyone added to the sex offender registry AFTER Jan. 1, 2019” to pay the fee. So it appears that this is not retro active and therefore may be constitutional.

  8. G4Change

    Notice that this is the kind of crap that happens in states that don’t have groups like ACSOL and Janice to fight back!

  9. Tim DALawver

    Retribution, paying again ….plain and simple. You will not convince the courts though. It was tried in Wisc. State v Rameasch. This case was brought by 2 Florida residents convicted in WI pre-SORNA(94).

  10. ma.concerned.citizen

    Here in MA we’ve been paying $75/year at least as long as I’ve been on. Ridiculous.

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