Pennsylvania State Police have started the process for removing as many as 5,000 ex-offenders from the Megan’s Law registry under a state supreme court mandate and a new law.
Shaquana Green appeared at a Pennsylvania State Police barracks last month to update her information as a registered sex offender. It’s an annual chore she has done for the last five years, having landed on the Megan’s Law list after disappearing with her daughter for three hours in violation of a custody order.
As of this month, though, the name of the 26-year-old Northampton County resident no longer appears on the registry, under a state Supreme Court ruling and a new exemption for parents who had been charged with interfering with custody of children, but no sex crime.
“I get to have my life,” Green said last week. “This is more than a blessing.”
Last year, the state Supreme Court ruled retroactive application of the state’s version of the new, tougher Adam Walsh Child Protection and Safety Act was unconstitutional. In response, state lawmakers passed House Bill 631, a stop-gap measure to keep up to 12,000 individuals on the registry, but that included an exemption for legal guardians charged with interference with custody of children. Gov. Tom Wolf signed the bill into law Feb. 21. The exemption applies to only legal guardians of children, though another bill in the state Senate would remove interference with custody of children as a Megan’s Law offense; Pennsylvania and Louisiana are the only states where the crime is considered a violent sex offense even when no sexual contact occurred.
My PSP letter dated 5/15/2018 says (in contradiction to what an attorney and PSP told me 10 days earlier) the following:
A review of your conviction record has revealed you are no longer required to register as a sexual offender with the PSP at this time. Your information has been removed from the public website effective with the date of this correspondence (dated 5/15/18). You are no longer required to verify or report a change of address, employment, schooling or other required information to the PSP. However, in the event you travel to or reside/work/attend school in another state, you may be required comply with sexual offender registration requirements for that state. Etc, Let me know if you want me to type the rest.
Can someone tell me what happened here? I am no longer on the website. Is this just temporary until the PA Supreme Court decides if the new law passed earlier this year is constitutional?
Dam congrats to you I sure would like ta get one I go ta psp they tell me I don’t need ta do anything an I’ll get a letter in Oct lol Im i done or what ? aahh
I mean I’m pretty sure that I am done that is just saying it’d be nice to get that letter
Yho Brain jus wanna say you are so right after so long esp! 15 year ya should be cut loose from this punitive system that they keep tryin ta say is civil even ten especially if it’s a one time offense which it most usually is the recidivism rates prove that . it’s just a big hype to create hysteria ignorance make money and grandstanding politicians I can understand it when somebody is violent or a real danger to society I mean hell yeah we got to have law but most people are low level criminal justice department shows the the recidivism of sex offences is one of the lowest crimes ever what’s gets me is these punitive laws! that they insist on are civil and get away with it until there challenged and go in front of pa Supreme Court System
BrIan , apologize for misspelling the name LOL
I just donated $21.00 to CA RSOL (aka ACSOL?). I didn’t know about this group until a couple days ago. Everyone should consider donating even a very small amount if they are able.
I have been wondering since all the changes why wouldn’t everything go back to what you had prior to 2012? I was originally 10 years then when it changed they tried to put me on for life but I fought it with the help of Philadelphia defender association and they changed me to 15 years.. So now that it’s been ruled unconstitutional as it should be shouldn’t those prior to 2012 go back to their original requirement? I was originally 10 years and 10 years for me is up in 3 months.
@ Ken
That’s exactly whats supposed to happen…eventually. im also in the same boat. was a 10yr. switched to life, then back to 25. only difference is I am officially done by every single piece of paperwork I own. but im still in limbo waiting for psp to get off their ass’s and do something. really no excuses in my case. single conviction 10yr, with no additional issues or problems. should be no brainer right??? so what are they doing? idk? talked with lawyer again. he sent one letter to psp.( no response). he is now sending certified mail directly to psp council. instructing them that I am due relief, and am being harmed by still being held under law that no longer applies to me. so they either man up and make the decision, or I take psp to court and force it. im done waiting. yes ive been forewarned by my attorney that suing the state will cost thousands. fortunately, ive been saving what few coins ive been able to over the years and yes im prepared to spend every last dime of it….
It’s not necessary to be spending lots of money on lawyers and crap most those lawyers don’t know a damn thing anyway they’ll tell you they do if your due relief you’ll get it ! I mean it’s not 18 months yet has it ? it hasn’t been 18 months Hell if once the dust settles and you’ve not been taken off then you get an attorney but if you got money burning a hole in your pocket and you don’t have no patience I’m sure there’s an attorney out there that will take it from you I jus think that if you know your to be takin off and your sure. Ya wait it out if they don’t take you off after your review is done and your not satisfied you go forward with an attorney
QUESTION:
If the law was deemed unconstiontal how in the heck can the state say ok well this law is not valid any longer we will go back and use what used to be law but is no longer law since it was replaced with the new one that was deemed unconstional. wouldn’t the state be without that law until if and when they voted on a new one
@Shaun
I’ll tell you why its necessary, because now im being held under a law that no longer applies to me. so you say to wait it out? for what 9-18 months for them to do something? what happens in the mean time? yes im officially done by every piece of court doc. that I own. BUT until psp sends me that SPECIAL GOLDEN FREEDOM TICKET, im still on the list. so what happens if I now want to get a job? buy a car? move to a new house? now what? I shouldn’t have to tell psp a damn thing because im done by MY paperwork. BUT do I take the chance and just go about my life, or do I go tell psp everytime I take a piss?? I say no, ive faithfully informed psp over the years, everytime I have pissed, or farted in public. my time is done, and now im being harmed by risking confinement because psp doesn’t wanna act, or take their good old time about doing it??? wait a min., THEY WILL NOT take their good old time to COME FIND YOU if you don’t comply, so whats the damn difference here? nothing….no im not waiting…..
I can understand tolling time for any time spent in jail, or behind bars, but not sure about outside. I was made to register and follow all rules as soon as I walked out the door. why would being on probation, or parole matter? if anything I was under more scrutiny under probation, because I had state supervised, and trust me when I say, they made me toe every line. time on is time on, it shouldn’t matter. other than being incarcerated.
I got the act 10 letter, because in Feb. when bill was signed, I was not officially done yet. but fast forward a couple months. now I am officially done(according to my paper work). so maybe I am being impatient, sure no doubt about it. im done, so why should I have to give them any more info? just because they are taking there time? I said before, mines as simple as it gets..single 10yr, pre sorna, no additional problems, should be no brainer..there is nothing wrong other than I was as close to the finish line as you could get when they signed the law. so idk, maybe its still on the merry-go-round, when it stops, who knows…
I was told that as long as your address wasn’t jail then you get credit for that time on the reg, I see people talking about spending money and whatnot but, I just want to say this, I want to get a judicial determination, I want to go to court and fight this so I can have in writing from a judge that I no longer require being to this bs reg, I believe that I am due relief, also this new A10 violates a lot of constitutional grounds, it’s not civil either I don’t care what anyone says.. being an out of state person I am at the back of the bus and I’m not waiting 9 to 18 months so they can have tome to amend away or invent new bullshit, so yes I hired a lawyer and I’m going to spend some money even if I am due to come, I want the judicial determination because I believe there is a chance they can put you back on without it, and it may prevent them from doing so with it, plus it may help others but we shall see.
Well people I think I’ll give it a break my mouth runs too much sometimes anyway LOL Goin to the beach and injoy a few days away Jus wanna say I with all sincerity I hope everyone gets there letter of course and that we all continue to do a part in getting these laws at lest acceptable ? I know the registry needs to be abolished it doesn’t do anything but harm and I don’t understand if these legislators are just full of so much hate and they’re so twisted and sick that they just wanted to make everyone miserable or what it seems that way sometimes. Okay before I go into a rant with all this I’d like ta think that more of these people are bein brought to enlightenment then there are those that would like to have the whole world on a dam registry so all we can do is continue to fight this and if possible educate people I mean after all for years they been brainwashing the public into thinking everybody’s out here behind a bush somewhere it’s insane so that means it’s a never-ending job and I know I’m talking to people that already know all of this so
Lol I said I was gonna shut up for a while.
What does the new law 10 specify about someone completing 10+ on the registry in another state were the crime was committed and then moving to PA. Do you get credit for registry time served in the other state?
@AJ Thanks for finding what seems to be a perfectly relevant case, but as you say, that doesn’t always win in the world of RC.
I seem to remember reading that in Oregon, there is a specific exception from the relatively lenient registry rules for anyone moving to that state who has served otherwise sufficient time on the registry in another state to have satisfied the Oregon requirement. They are required to serve whatever additional years they would have in the state they moved from.
And, in the legislative discussion it was openly stated that the reason was so as not to “attract” RCs to move to Oregon from states with harsher rules.
Does anyone have an recent relevant experience in PA? I will be moving there from Illinois next year. Lifer now in Illinois, but according to my reading of the new PA law, I would have served all time required and would not have to register in PA.
@Chicago Contact
I am an out of stater living in pa, I started registration here but was charged and convicted in Co, my old lawyer was dealing with the DA which were the wrong people to me dealing with on my case, the DA said under Act 10 my previous state required life time reg so I would have to do life in pa. I will be going to court soon on this matter hopefully to fight this nonsense law. But that just what I have been told by the DA, my attorney on the other hand has different thoughts on that. Like I said that what I was told, it’s not proof of anything that I know of right now.
Brian some people on here clearly do not see that this doesn’t violate equal protection. The PA law treats everyone the same just because a person may be subject to two different states reg schemes does not create an inequality because they are receiving what ever time is greater For instance a person that committed their crime in PA IA7 is subject to 10yr reg in PA if a person from FL with a comparable offense moves to PA they are still subject to their original states reg time PA law is stating that anyone subject to a longer time from another state has to do that time just because a person from PA isn’t subject to a longer time from another state doesn’t mean they wouldn’t be if they had committed their crime in FL. and vice versa if Pa says life and Fl says 10 yrs for CP then giving someone life for CP in PA is the same for everyone in PA Its a hard thing for some people to grasp. The one thing that I believe is inequality is if a person is no longer subject to reg in the state they committed their crime in and then moves they should not have to reg in the new state.
@Debo
That’s very similar indeed my man, one difference is that he was required to register in his state for ten years, as you already no I was not, I think this is what will make them think a little more about my case but I’m sure people are tired of seeing me post about my case, so stupid question, when the writ of mandamus is sustained, that means he won his case, correct?
@Debo
Thanks for replying, so now it’s a waiting game for psp to get to my review and my attorney forcing them to removed me, should be fun now.
so I missed a phone call from my lawyer that something good was about to happen, I was working, and cant call him back till tomorrow, which I will be doing first thing in the morning…I am a 10yr pre sorna, with a single conviction that got screwed like everyone else back in 2012. since psp has been dragging their feet for whatever reason, I hired a lawyer. the first interaction my lawyer had with psp ml. went on deaf ears, like they didn’t care..so I left some time go by figuring psp would do the right thing, well they didn’t…so apparently the second interaction directly with psp council, informing them, that I was due relief, and tired of waiting, that I would in fact be suing the state, and psp for harm holding me under the new law. Well just because curiosity was killing me, I checked the sight tonight, and FINALLY, I HAVE BEEN REMOVED from the sight. now whats that mean, don’t know yet since I haven’t talked to lawyer, or RECEIVED any official notice from psp..so..im not holding my breath here, but maybe, just maybe……so does this mean psp is finally getting their shit together, or is it going to be the threat of a suit, to get them to do anything? your guess is as good as mine, I hope to find out more tomorrow.
ACT 10 is not a new Law it is an amendment of SORNA
SORNA was not deemed unconstitutional in it entirety, only the retroactive application was deemed unconstitutional.
What does that mean?
The ACT 10 LAW is not applicable because it is a continuation of registration requirements of SORNA by subchapter “I” and the main Law is Subchapter “H”
In order to be under subchapter “I” subchapter “H” has to be repealed in it entirety and the new Law would take its place as new law. The construction of statues ACT of 1 Pa C.S. 1971(a) says this clearly.
appeal challenge will show the high court that that the Pa. legislatures are not too smart in making laws fit to muster constitutional soundness.
42 Pa. C.S. chapter 97 subchapter “H” is SORNA -1 enacted 12 December 2012
42 Pa. C.S. chapter 97 subchapter “I” is SORNA -2 which is an amendment to SORNA -1
SORNA one is the main Law – SORNA – 2 ACT 10 is the amendment. There are two active SORNA application in law in PA and there is soon to be a 3rd called ACT 29.
If the Pa. Assembly would read what they wrote in 1 Pa. C.S. 1971(a) they would be clear that you cannot have an amendment to a law acting as a whole new law as ACT 10 seems to be doing……..
So, just got done talking with my attorney, and this is what he told me, AFTER talking DIRECTLY with psp council. they are in fact doing reviews. However because they “have so many” to go through, that its a larger task than they originally anticipated. and I get that, but they have known about this since scotus denied cert. so they could have been working on it then, but was betting and banking on the legislators to come up with something that could circumvent the muniz decision. well they found out, THEY CANT get around the decision. it is what it is, and is now law, whether psp, or the legislators like it or not. so what happened in my case was that, YES, they WOULD have got to me EVENTUALY, and YES, WOULD have done the right thing, EVENTUALY, but who knows how long it would have takin. So it WAS the fact that I WAS GOING TO PRESS the issue with a suit, that got them to MOVE ME TO THE BEGINING OF THE LINE, not that I was due the relief that got them to act…..so this is my take on it….IF, and only IF, you are 100% sure you are due relief, you have two options. WAIT, and they WILL get to you EVENTUALY, or if its worth a few hundred bucks to you(it was for me) have an attorney contact their COUNCIL, NOT PSP ML, they don’t give a shit, but if you contact their lawyers, now they know your serious, and either they do something, or you will…guess choice is yours to make…..but as of right now I am officially OFF the sight, and will be receiving a letter from psp stating so…..in light of the fact that the legislators are at it again trying to pass more bull shit residence restrictions, im still going to keep on top of things, as this is getting out of hand, and anyone who is still in this situation needs all the support they can get..its an up hill battle, but I believe we will get there…EVENTUALLY.
Well I’ve been reading on here and it seems like it’s the same old shit got a couple guys on here that know a little something and Council the ones that don’t. Lol I guess that’s a good thing