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.
I plead gilty in June 06. To what i did 03. I was sentenced on July 17 2006. ( 10 days before President Bush sign in SORNA) to 5 yrs jail. Suspended 3.5 years. Did 14month and was on probation for 3 years. I was originally given 10yrs on the registry. But that turn to life when i was away. I never got any thing from MD from the time i moved to PA. And from what i understand of the laws. I should have credit for my time in MD on the registry.
I got out of jail October 07
So my time should be done
I dont know if MD has changed their laws about the registry sence i moved. I thought PA would treat every body the same. As a legal resident no matter when they declared being a resident. I do under stand it being diffrent if i still declared my self as a Marylander.
Thanks for the info.
There is no such thing as a Base year, I’m not sure who keeps spreading that BS. It ten years is ten years to the day.
Psp website not acceptable on my end at this point lol
I think there is going to be a number of law suits. I haven’t paid attention to any of the persons on the registry,just the numbers, until now. The numbers on tiers were lowest on tier 1 before the moved that 10,000 over. I would have thought they would do tier 1 first being the lowest numbers.
With just scrolling in one particular county looking at tier 1 then looking into the crime I found 2 with 3126 IA 1 which is M2 which should have been removed. They had no other listings but that one crime. One was pre sorna the other post sorna, and either way they should be off.
In 2014 act 19 removed IA M2 pre sorna, a former judge, on the registry for same, requested removal and PSP refused, then a court stepped in and ordered PSP. The response from PSP was “there are instances in which a court may disagree with their interpretation of the law”. see story here: http://www.wpxi.com/news/local/change-megans-law-may-mean-fewer-registered-sex-of/139934521
So a judge then ordered the removal, which should have told PSP they are wrong, but it seems they are still doing it “their way”.
Since when is it PSP’s job to interpret the law as written, are they not just the administrator, and once told by judiciary you’re wrong to accept that and not to continue to do so the way you think it should be?
Is PSP thinking they are the sole power deciding what laws mean when written?
Mike r
You are right, my attorney stated that today, there are no base years, 2013 would have been my tenth year.
Had a meeting with my attorney today, he found errors in my transcript, typos if you will, also found something starring me right in the face, my so called victim was only 2 years age difference then me, what I was charged with was equivalent to indecent assault in pa, he found that sense I was 19 at the time of the so called crime there was a 2 year difference in age between me and my then girlfriend, in 1997 right around when Megan’s law began lawmakers and DA’s had a hardon for charging anyone and everyone with anything they could that had to do with a sex crime or even close to a sex crime even if it wasnt, my family couldn’t afford a paid attorney so I got screwed, I was wrongfully charged with a crime, I was not braking any law at the time of my so called crime, how could I be so blind, or maybe I just didn’t understanding the laws, My attorney is requesting the DA lets me off the reg in pa my attorney requests to release my client from his registration requirements due to the law should have never applied to him to began with, I should have never been on the registry , EVER!!! The DA are the ones who say who is on and who gets relief, the psp reviews and the DA says yay or nay, that’s what I gathered from my attorney, I don’t know if people can directly petition the DA or they have to use an attorney, my guess is you have to get a lawyer unless you know the process, I don’t so I had to get an attorney..
U would think that the PSP would do the reviews while the people were still on the register so they wouldn’t have to take people off only to have to put them back on. Sounds simple to me.
Does anyone know of any appeals that have been filed yet against this law?
Has anyone received the letter for Act 10, new requirements. Word is everything required stays the same. Homes, cars, tattoos, internet identifiers, schools, jobs, etc, the only thing that changes is the 10 years have the right to come off and all lifetime offenders are one time per year as a teir 1.
So what changed?
mike s
It looks as though the rest of you 10 year folks are going to be getting relief too!! The move to T1 for the 4000 was to make sure that the PSP was not in violation of the law by requiring people to come in 2 or 4 times a year.
I’m so confused. in theory that would make sense, and might explain the sudden shift in the numbers. However, i am one of the original 10ys, that was switched after sorna. as others have said, it does appear, that they are moving/re-classing pre-sorna people, myself included. that tells me that at least they have “looked” at me, because i now no longer have a tier level. so that would explain 1 less on tier II(that’s were i was) but what am i now? it doesn’t say I’m tier I, and theoretically, i wouldn’t be tier I either. and of course you cant get a straight answer from PSP. i am due to be done the end of may, so i got about 2 1/2 months to go..im still waiting for that letter in the mail. then at least i will know exactly what their doing. I’m so close to the finish line, but yet it seems SO FAR away….
Looks like the psp website is stagnant, the last two or three days only a handful came off and or were just switched from teir to teir, we have 6 days till we receive notice from the psp stating the changes in the law, if not we have to just go in and update when it’s our time to go and update and I suppose we will find out what the deal is when we go update I guess, I should hear back from my attorney next week and hope he hears back from the DA’s office about me being removed, This is ridiculous is all I can say.
Am I correct when they deemed SORNA unconstititional and punitive. They deemed all requirements punitive that were retroactively applied to PRE SORNA, illegal, correct?
We were 10 year or Lifetime, One time per year, correct?
We were only required to register our Homes, Cars, Jobs, Schools, correct?
So if the PSP mandates PRE SORNA to provide DNA again, at our first update under HB 631 or Act 10, is this illegal?
So if the PSP mandates mantates PRE SORNA to provide INTERNET IDENTIFIERS, at our first update under HB 631 or ACT 10, is this illegal?
Is anyone in here going to be required to register under HB 631 or Act 10, and are you providing your internet indentifiers or DNA again?
@ HB631
And sorry for the NO, but yes they did deem ex post facto unconstitutional, meaning any pre sorna requirements to register if you were not required to by the former law in place at the time.
Are they done removing names or are they reviewing in the background after the big shift to Tier 1?
What is indecent assault 3126 a 1, the DA mentioned to my Attorney about my out of state offense being comparable to indecent assault, it was a class 4 felony in CO which was called sex assault on a child but she was 17 and I was 19, my attorney caught that on my court transcript, supposedly indecent assault is supposed to be 4 year difference, I thought she lied about her age as she was my girlfriend at the time but my transcript says she was 17, I had a birthday before I was sentenced which made me 20 so maybe that’s where the charged me with the indecent assault which I was wrongly charged, The memories are not as clear as before, I should have never been charged with it at all, my question is although I was due relief am I still due relief I wander? Even though I shouldn’t be on the registry to begin with.
interesting that numbers haven’t changed much at all over the last few days, if anything, climbing by a few. surely they are not done?
Looks like numbers moving again. Down 8 since yesterday.
Yea I have been watching also, a few came off I see. That’s good news.
I got my letter today. I called PSP and spoken to a nice lady by the name of Jennifer. She said they are still doing reviews but they were required to send the letters out. Getting a letter doesn’t mean you are swept up in Act 10. Once they review they will send second letters that you no longer are required to register
Can anyone give me info here. I was sentenced to 7 to 15 years back in 1990 for IDSI. I was forced to max out the whole 15 years. I had a jury trial and didn’t plead guilty. There was no such thing as Meghans Law when I was sentenced. I maxed out in Jan.2004. I registered once a year then. Then they made me come in 4 times a year. Then I did time for failing to register after I was told not to come in by PSP. I did 7 months for that I believe. I must register for life but how can they do this if there was no such thing as a sex offender registry when I was sentenced?
Right now I’m still on the registry but no tier status and it doesn’t say active. Thanks for any help in this matter.
@ Brian…it’s pretty generic. Says I’ve been identified as someone who may be affected by Act 10. Says I have till May 22 to register. Says registration includes photographing, fingerprints, home, work, school, “and any other information required by Act 10.” Jennifer said getting the letter doesn’t mean I have been reviewed and they aren’t taking me off.
@HB 631…how do I copy the letter to the site?
Act 10 is not requiring our vehicles??
Here is a copy from someone off of NARSOL who got their letter.
Here is a word for word of the PSP letter I received today afternoon 3/23/2018 by non certified mail:
Date, SID, Address (won’t post that)
Dear Mr. xxxxxxxxxxxxxxxxxxxxxxxxxxx
Recently Governor Tom Wolf signed into law Act 10 of 2018, which makes significant changes to Pennsylvania’s sexual offender registration requirements under 42Pa. C.S., Chapter 97. You have been identified as a sexual offender who may be affected by these changes. You are required to report to an approved registration site to be photographed, fingerprinted, and to provide/verify your residence (including temporary residences*), employment, school information, and any other information required by Act 10.
In order to comply with Act 10, you must have an appearance date between February 22, 2018 and May 22, 2018. YOU MUST APPEAR NO LATER THAN May 22, 2018.
*Temporary Residences include the location of a temporary habitat or other temporary place of abode or dwelling, including a homeless shelter or park, where the individual is lodged; the places the individual eats, frequents and engages in leisure activities and any planned destinations, including those outside this Commonwealth; and the place the individual receives mail, including a post office box.
You will be required to read and sign an acknowledgement that the duty to register has been explained to you.
After this initial registration, you will be required to report to the Pennsylvania State Police any changes in residency within three business days of the change, except those offenders in a Transient (homeless) status who must report monthly. All offenders must report any employment or school changes within three business days. This includes a change in employer or employment location that will exceed fourteen days, or for an aggregate period of time that will exceed thirty days in a calendar year. Also included are terminations of employment, new employment, change in student status and changes in the location of any institutions where you are enrolled as a student. If you establish a residence in another state, you must register with the law enforcement agency in that state within three business days of establishing the residency.
After you report by May 22, 2018, you will be in compliance with your initial registration requirement under Act 10. The Pennsylvania State Police will also credit this as your annual (once per year) verification for calendar year 2018, except those offenders designated as a Sexually Violent Predator or in a Transient status. You will thereafter be required to appear at an approved registration site annually, and you will be notified of your next appearance date in calendar year 2019. The Megan’s Law Section will send you notice by First Class United States Mail to your last reported address to remind you of your annual verification requirement, and provide you with a list of approved registration sites.
Those offenders designated as a Sexually Violent Predator will be required to appear at an approved registration site on a quarterly basis. The Megan’s Law Section will send you notice by First Class United Status Mail to your last reported address to remind you of your quarterly verification requirement, and provide you with a list of approved registration sites.
Those offender in a Transient status will be required to appear at an approved registration site monthly. The Megan’s Law Section will send you notice by First Class United States Mail to your last reported address to remind you of your monthly verification requirement, and provide you with a list of approved registration sites. Any changes to the residence information previously provided must be reported at your next monthly verification.
However, neither failure of the the Pennsylvania State Police to send a notice, nor failure of you to receive a notice relieves you of your obligation to appear and verify your information. Failure to verify your information or report any changes to your information in accordance with the requirements of 42 Pa. C. S. Chapter 97, will be in violation of 18 Pa. C. S. 4915.2, a Felony criminal offense.
Please be advised, if you travel to work, carry on a vocation or attend school in another state, you must comply with all sexual offender requirements in that state. It is recommended that you contact the agency responsible for sexual offender registration outside of this Commonwealth when leaving Pennsylvania to acquire information that is applicable to your status. The FBI maintains a list of websites for all the sexual offender registries in the United States. The FBI website is: http://www.fbi.gov/scams-safety/registry.
Sincerely,
Sgt. O. E. Rowles
Commander
Megan’s Law Section
SORNA REQUIREMENTS – Marked with an X if Illegally applied to us under ACT 10!
A change in name, including an alias.
A commencement of residence, change in residence, termination of residence or failure to maintain a residence, thus making the individual a transient.
Commencement of employment, a change in the location or entity in which the individual is employed or a termination of employment.
Initial enrollment as a student, a change in enrollment as a student or termination as a student.
X – Illegally Applied Under Act 10 – An addition or a change in telephone number, including a cell phone number, or a termination of telephone number, including a cell phone number.
An addition, a change in and termination of a motor vehicle owned or operated by an offender, including watercraft or aircraft. In order to fulfill the requirements of this paragraph, the individual must provide any license plate numbers and registration numbers and other identifiers and an addition to or change in the address of the place the where the vehicle is stored.
A commencement of temporary lodging, a change in temporary lodging or a termination of temporary lodging. In order to fulfill the requirements of this paragraph, the individual must provide the specific length of time and the dates during which the individual will be temporarily lodged.
X – Illegally Applied Under Act 10 X – An addition, change in or termination of e-mail address, instant message address or any other designations used in Internet communications or postings.
An addition, change in or termination of information related to occupational and professional licensing, including type of license held and license number.
Anyone else go register under Act 10, you are not required to register your internet identifiers or phone numbers!
Read HB 631 or Act 10. Under continuing registration for PRE SORNA, HOME, JOB, EMPLOYMENT, doesnt even say vehicle!