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.
talk about double standards, not only do we have DA Higgins out of Bedford being the perfect example of what a “Predator” really is, but here is another example of the hypocrisy, and corruption. I live in this county too, I think of all the pain ive gone through for my crime, being on the reg, and all that comes with that. then you read shit like this?? just because of “who” you are or “where” you work? then people have the nerve to wonder why other people end up walking around with high power weapons, and high capacity mags….just say’n.. guess it shows, its not what you know, or even who you know, but who you blow…
http://www.altoonamirror.com/news/local-news/2017/12/officials-disagreed-on-youth-sex-case/
When someone continually states someone else is wrong, then time and again they are the ones that are proven wrong, it comes down to credibility. These are items that I have proven Mr two times to be wrong, and Dave has proven other times. If one is wrong once or twice it just diminishes that persons credibility a little, but to be proven wrong so many times blows all credibility out the window.
Mr two times, you have no credibility what so ever and your constant bully tactics to try and make others believe you is a pure cry for attention. You sate Dave has a personality disorder to discredit him, but I am afraid it is not Dave that has a disorder, one only need look in the mirror to see the truth in what you claim Dave has.
Dave has far more credibility, as he has backed much of what he has stated by showing the correct laws pertaining to what he speaks of. I too have pointed out the laws at the time said law would have effected Joe and Todd, yet you kept arguing with the wording out of Act 10 and then ML2 which is the same wording not ever once looking at ML1, Until I pointed it out then you tell Joe he was right, As if you found your error yourself.
You state the other forums kicked you off because they don’t want to hear the truth. I’m sure they do want the truth, they just don’t want your truth as 90% of the time it’s incorrect. And I would have to say it also has to do with your approach, the bully style, “I am right” everyone else is wrong, tactic.
So here you have been called out, and will most likely run and change your name again so you can attempt to once again troll/bully people into thinking you are right.
Dave is not a lawyer, nor does he claim to be a leader. For that matter neither do I. I get things wrong but I also correct my posting and I also state when it is just my opinion, which everyone should know to take an opinion with a grain of salt.
These are the times I have proven you wrong, and Dave is right in saying you’re going to get someone locked up if they believe a word you say.
Jimmy two Times April 2, 2018
“Dave I have known that a writ of mandamus is the only way to force the PSP to remove someone”
Wrong!
http://www.rtktruth.com/habeas-corpus-relief-in-pennsylvania.html
it must be understood that Habeas Corpus remains the most powerful tool available for seeking relief from unlawful restraint of your liberties, initiating a collateral attack against a Judgment of Sentence order, and many other issues.
Towny two Times March 30, 2018
“Joe you never had a 10yr reg for IDSI its always been a life reg. Show us the law because I read them all always been a life reg.”
Wrong!
Original Megan’s Law otherwise known as ML1
9795.1.
“Municipality.” A city, borough, incorporated town or
township.
[“Offender.” An individual who is:
(1) designated a sexually violent predator under the
provisions of this subchapter; or
(2) required to register under section 9793(b) (relating
to registration of certain offenders for ten years).]
The period of registration shall be
ten years.
(b) Persons required to register.–
(1) Persons convicted of any of the following offenses
that are classified as a felony and involve a victim who is a
minor:
18 Pa.C.S. § 2901 (relating to kidnapping) except by
a parent.
18 Pa.C.S. § 3121 (relating to rape).
18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).
(the rest was omitted for this posting).
Tony two Times March 26, 2018
“Robin you need a better grasp of how the law works You keep saying things that are not true. If a person is no longer required to register in the state they committed their crime another state can not make them register in theirs.”
Wrong!
@ Tony
This is directly from FL web site.
NOTE: Removal from another state’s registration requirement does not guarantee removal from the requirement to register in Florida.
In VA there is also wording that looks to me like registry would be required even if not on in another state.
Jimmy two Times
April 5, 2018
“Brian listen to your lawyer you are out of state offense, Dave has a personality disorder I have been telling people in my same situation they do not have to reg People on the other sites do not like to hear the facts Your lawyer is right the old law is no longer in effect and the new law was given 90days to kick in plain and simple.”
Wrong again! 9718.5 is about parole/probation
1) THE ADDITION OF 42 PA.C.S. § 9718.5 SHALL TAKE EFFECT IN 60 DAYS.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
The law took effect Immediately on 21 Feb 2018 when signed by Gov. Wolf.
@ two times
“If a person is no longer required to register in the state they committed their crime another state can not make them register in theirs.”
In looking at this a little harder, I guess you are right. The other state can’t “make” them but they can darn sure charge them with FTR.
Mr two times and others that might consider moving to working in or going to school in Al.
This also covers my point on if you are removed from the registry and travel or move to another state. You will still have to register in Al regardless of being removed in PA.
One thing to look at here is they say Immediate not 24,48, or 72 hours but Immediate.
If the crime is covered by Al law, and note it also states under Federal SORNA law (doesn’t mean you have been convicted in Federal court).
This is Alabama
Section 15-20A-14
Adult sex offender – Requirements upon entering state.
(a) Any adult sex offender who enters this state and establishes a residence shall immediately appear in person and register all required registration information with local law enforcement in the county of residence.
(b) Any adult sex offender who enters this state to accept employment, carry on a vocation, or become a student and who has not established a residence in this state shall immediately appear in person and register all required registration information with local law enforcement in the county where the adult sex offender accepts employment, carries on a vocation, or becomes a student.
(c) Whenever an adult sex offender registers pursuant to this section, he or she shall be subject to the requirements of this chapter.
(d) Within 30 days of initial registration, the adult sex offender shall provide each registering agency with a certified copy of his or her conviction; however, an adult sex offender shall be exempt from this subsection if the adult sex offender provides adequate documentation that the certified record is no longer available or has been destroyed.
(e) Any person who violates this section shall be guilty of a Class C felony.
https://law.justia.com/codes/alabama/2013/title-15/chapter-20a/section-15-20a-5/
(33) Any crime committed in Alabama or any other state, the District of Columbia, any United States territory, or a federal, military, Indian, or foreign country jurisdiction which, if it had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1) to (32), inclusive.
(34) Any offense specified by Title I of the federal Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. 109-248, the Sex Offender Registration and Notification Act (SORNA)).
(35) Any crime committed in another state, the District of Columbia, any United States territory, or a federal, military, Indian, or foreign country jurisdiction if that jurisdiction also requires that anyone convicted of that crime register as a sex offender in that jurisdiction.
(36) Any offender determined in any jurisdiction to be a sex offender shall be considered a sex offender in this state.
Removal from PA registry vs requirements to register in other states.
All those that end up being removed from the PA registry you need to be very aware that it does not mean you wouldn’t get snared into another states registry should you, move to, work in, go to school in, or visit, or if required to register under fed law. Note: that does not mean convicted by fed court/military court, it means required to.
This would especially concern those that would work in, truck drivers be aware, a particular state that has laws that would snare you in their trap.
One should research the laws that govern whatever state you may do any of the above mentioned. Also pay attention to their visitor/transient laws, some states may consider them the same if they don’t state any visitor laws.
Could you take your chances on the visiting part, sure you can. Even if you get pulled over and get a ticket you “may” be okay. That is if they only run wants/warrants on you. If they look at NCIC/NSOR you may get popped. If when removed from the PA registry they do not remove you completely, meaning inactive registry, and they do not enter the correct command when doing so with NSOR, you will still be in the inactive registry, which is available to law enforcement, not the public.
BTW this in not an opinion it is fact based on research. You can find a link to the rules for NSOR on the general thread, or just go to the web site and find it.
I put this here because I would hate to see anyone that gets off the registry, be put back on elsewhere, and then back on in PA due to being required to register in another state. None of us want to be on again if we are taken off. I also don’t say this being negative but in a manner that is proactive.
@ Dave, Sir, i must address to you her 2 misdemeanors of failure to register was not in P.A. it was in V.A sir. I have records of that proof of it if you wish to see it. I can upload the content sir.
REMINDER: This web site is intended to be an exchange of ideas and experiences. NOTHING on this discussion forum is to be construed as legal advice. Please consult your personal legal counsel before taking any action or making changes to your situation. ACSOL strongly recommends adherence to all applicable local, state and federal laws – which may be confusing to the trained and untrained eye alike – unless an OFFICIAL court order indicates otherwise.
While we intend to encourage a lively discussion and exchange of ideas, we remind everyone to please keep the conversation constructive and the tone civil in order to keep this a valuable resource for all. Thank you for your cooperation. ***Moderator***
@ Robin my friend was convected in Utah 1999 for the sex offender a 10 year only based. Then moved to Virginia Beach Virginia. Before the move notified the registry in Utah 15 days beforehand. After being in Virginia Beach didnt notify Virginia’s registery to move to further into Virginia. Then my friend went into the police department to update the twice a year thingy. After a few days later the police department showed up. Saying that didnt notify Virginia’s beach department of change of address and the new address. So my friend got slapped on the hand twice for failure to notify changes of address which falls under failure to registery. No time spent in jail. Tbey only gave my friend 2 misdemeanors for it. Now at this present time my friend lives with me here in Pennsylvania since 2013. The act 10 just passed and awaiting for Pennsylvania registery to get the out of state offenders to be reviewed.
@ Dave, sorry for the harsh commentary. It was just frusterating for who ever was putting stuff of false or not underrstanding or misquoted or misguided informafions. Then this wbole blog postings went to cut down people in a hasty way. Juzt wanted to aplogize to anyone and all.
@ monitor thanks for the reminders and thanks for doing what you do in life and on here as well having a place to chat with everyone on here has been a great deal and lots of great ideas and info for us to place our ideas etc… on here
@Robin
My apologies, I do remember you saying your out of VA, and Tony my apologies for saying your out of VA, I thought you were though.
I would like to add this experience to clarify. I was a original 10 yr reg. Then moved to life with sorna then back to 25 yr in 2016. I was removed from website last month but have not recieved any letter yet. I called in today and spoke to jennifer. She said case is to be reviewed. But she also very clearly stated that i do not have to register under act 10 unless/until i get a letter stating i need to do so. Now i know i will be removed anyway but it is clear i do not have to do anything until i recieve my letter
@ Robin thank you for the information. Yes, i now do remembered that in Virginia they do the 15 year. Yes, your right about Virginia though about how they do things there. It was a very nice state to be in. I kinda miss it myself. Reason why my friend wanted to move out of Virginia is cause she found a great job. Of course not anything special but. She seems to be happy in Pennsylvania. But, just wishing that the Registery here in Pennsylvania would just not be such slow at things and get everyone who is due relief to just being off the stupid registery by now. It must be hard to live as an offender and wishing that my friend can go abroad with me to Moscow then to Kostrama Russia for vacation time coming up in a few months. But, hopefully you all will seek the relief you all deserve and yes, i can see the punishments for crimes itself but damn, they hit offenders on the registery so damn hard that even my head spins. I have worked as a sex offender advocate before i moved to Pennsylvania. All I could do is hear the horrific stories that they go threw. Then I would monitor their behaviour. Then I would go seek out jobs and homes working with social workers in my old town for the offenders that just got out of jails and or prisons. Work got to me and i even started needed to go threw therapy myself due to work. I had to back down and had to change my own life. So understanding who gets off the registery here in Pennsylvania is a difficult call trying to figure out whats going on at this point. As far as looking at the registery website on the Active numbers. For the past while now they just seems to re put offenders in the tier system for Act 10. Thats all i really know now days.
Thank you all for being great!!!
Ashtoreth
@Robin
I’m not sure how it would work being I live in Pa as you know and was charged in CO but was never ordered by the judge to register, I lived in pa for four years before I was forced to register and I don’t even know why or how they are forcing me to reg, as I have explained before. So at this time I wouldn’t be able to file a mandamus but the habeas I can file or my attorney anyway. My attorney hasn’t said anything about what route he’s going yet, he needs to get my files from the court in which I was charged then he’s going you meet with the DA, if they decide to remove me then great, if not the great because that will be good grounds for lawsuit, do you know how long we have to file anything? Or does anyone for that matter.
I strongly suggest that if you send any correspondence to PSP you do it “certified, return receipt mail”
I sent a request in writing for review a Month ago. Just got off with the person that would be doing my review, yes it was her not a receptionist. She claims she has not received any such request.
The envelope was to the 1800 elmerton address to the attn: of her name. She says that is their HQ address. I asked if that is a different address than where they work, and she just stated that is their HQ.
So either they are located somewhere else, and that would be moot being after a month she should have gotten it by now, or they are blatantly lying about receiving it (as if lost in mail).
I also looked at the numbers today, first time in a couple weeks. They seem to just keep going up and up. I really think many that should be coming off are being kept on for whatever reason, and that it will take going to court. Just how I see it, not fact based, other than the numbers.
I also keep track of numbers daily. mostly because I don’t trust them, and keep track of my status to make sure if they change it negatively, that I can jump on it right away. I too had my lawyer send a letter to PSP to confirm, and let them know that I know whats going on with the new law, and along with some docs, in my case to “help” them along. however I have not received a response as of yet, other than the “standard” letter sent to most. I am due to come off at end of may. but as I look down over list of people in MY immediate area, I see several, that have had there status changed like myself. however when I look at their conviction date, and reg. start date, they should be off as of right this moment, but are not. it sure does look like something under handed is going on. I know they are still “in the process” of review, but come on, its obvious, some of these people should be off, and ARE NOT..so wtf???
12 more added just today alone. more going on than coming off. unless something miraculous happens in the next month or so, I see a court date with my name on it. I will be damned if I’m gonna play silly games with them. if I got to fight in court for whats due, and right? so be it.
I just looked at 2 pages, sorted. The first page was svp about half of the page so lets say 25 out of 50 on the page. the second page of 50 all teir 1 so lets say 75 total teir 1’s
Out of those 75….10 had IA 3126 A1 and one had invasion of privacy. So that is 11 out of 75 that should be off. What roughly a little more than 15%, that to me is huge for just looking at 75 people on tier1. Each had only the one charge listed for any sex crimes on each.
It took me about 15 minutes, how the hell hard is it for PSP to look, see it belongs off and click remove?
Wth is PSP doing,,,,or not doing as they say??? Something is really up with them not doing it, and I just don’t buy the sending it to the DA’s any more. It’s pretty cut and dry, if the crime doesn’t belong delete. Then go back and start from the beginning with new criteria to determine the next step…crime committed date?
Looked at 25 more on the next page and found 5 more that should be off.
so that amounts to 16 out of 100 being 16%. That number to me is still big if that is the was it goes throughout the entire registry.
That would mean on just those particular crimes it’s 3056 of 19,100 that should be off.
Keep in mind that is not including all of those whose crimes pre date 1994, or the others that were not required to register at all under ML2, or the ones that completed their 10 years.
Looks like a lot of people may have to have a court fight to get off this shit list, there are only a couple in my area who have a tier designation as well, there are a couple pre SORNA including myself and the rest have reg dates start date 2014 and up with no tier, hope to hear back from my attorney this week…
Okay, just got off with my now attorney. She will be filiing this week, and said it will take about 28 days to be done. The court order will go to the AG and the AG will be telling PSP to remove me and notifying VA that I’m not required to register.
Two birds one stone. Now let’s see if it will work out that way.
Just to give everyone an update, I am still currently removed from the megan’s law website, however I have not received a letter, either an act 10 “register” letter, nor a “you no longer have to register” letter.
My conviction was in 2005, 2 charges that were entered in 1 day apart, both 10 year registry convictions that I plead to stipulating 10 year registration. I like everyone else was bumped up to lifetime in 2012, then reduced to tier 2… sometime after.
I am absent from the megan’s law website as of a few weeks to a month ago. I do not appear on a search, and my direct ID also does not link to anything. I called the state police 1 to 2 weeks ago to inquire about my status and they told me that a letter had been sent out informing me of Act 10 and that I will have to register under it, and that my case had not been reviewed yet. However as I said I have yet to receive either letter. I check the megan’s law website daily to see if I’ve been put back up, so far no.
I feel like I’m in limbo here, not sure what to do, if anything.
@ Robin
I did a county search, pulled up some without tier designation, 3126 indecent assault, I found tier 3 with 3126 indecent assault no A1, Found this un tierd 3126 A1. I was a tier 2, I looked it up a long time ago and my charge was considered (indecent assault), I wasn’t tier 3 or svp ,
I started out at 10 years in 03, suposed to be off November 2013 and you know the rest of the story from there.
I am a pre sorna 10 year registration that hasn’t completed the 10 years as of yet.
After a vehicle change I took my act 10 letter in and asked if I needed to update the vehicle. I was told I had to update and continue updating quarterly.
Obviously we know that isn’t the case. After updating the vehicle I was given my copy which clearly states for pre sorna offenses the only updates are residence, job, and schooling.
If this is the case the registration personnel need to be trained properly on the new regulations.
looked at numbers, as I do every day. up to 19,188 as of 10 min. ago. looks like more going on than coming off. whose kidding who? that’s like a 40 person increase in just last few days. unless they plan on hitting that “magic button” again like they did a few weeks back, looks like many of us, I know I’m prepared to, will have court dates with our names on them… this is B.S..
Just wanted to alert folks that I was taken off the registry on February 2nd of this year with a comprehensive letter from my attorney, Tony Petrone. I was on 12th year of a 10 year ML from 2006.
I received a alert from the ML website that my status changed and sure enough I was removed.
Three days ago I got another alert from ML saying that status was changed and I was still off the site. Yesterday I received my letter telling me that I no longer have to register in PA and a warning that other states might not adhere to my PA status.
Hope others start seeing that oversized PSP HQ envelope in your mailboxes finally delivering GOOD news!!