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.
Got my letter and met with my lawyer on wensday. My 10 years is up this year. But letter says I’m tier 2 at 25 years reg. When at sentencing was 10 year registration. So we’re fighting it as far as we can. Told the lawyer i don’t care if we got to go as far as supreme court. I’m tired of getting screwed over by the county. We have one of the best lawyers in this part of the state. Lawyer is taking a 3 man team in with him he says. As i get info back from him i will let you guys know more if your interested. I been following these comments for a while but was waiting on my letter to see the outcome of it and to know if i needed my lawyer. Before i made any sort of comments related to these issues…
And so the take down begins…. No more baby steps people it is happening and will continue until the unjust unconstitutional laws fall. The Founders created this system and I think no Constitutional defective law can stand for long no matter what the courts do or what public opinion is, that is just the way they set up our gov….I full heartedly believe this….Have faith people….It is coming….
Yes, I told you guys this is what would happen.
PSP play games constantly.
Brian if you have Dave’s e-mail, he did post it, send him an email to forward me your email.
I would create one just for you to do that but here I would only have 30 minutes to go in and make the update,,then the same when I deleted that one. Unless you can make on so I can email you my addy and you add me to your regular one.
@ Brian
Some people toss underwear if they skid mark them, Too bad we can’t permanently toss the skid mark here, LOL!
Oh and I will be going on vaycay here soon so might be off for a while.
@Robin
No I didn’t save the email address, if you or he could repost it again that would be great, I was going to take a brake drone the site for a couple days because I was really upset about the general comment section last night but I’m ok now.
So, my son is on his 5th year of a 15 year registration. He’s tier 1. I’m assuming this new law says that he has 10 years on the registry instead of the 15. Correct?
Robin I looked up the email on here. And send an email to be forwarded to you.
Hi,
I happened upon this discussion by trying to find out how the new law in Pennsylvania, Act 10 of 2018, will affect my friend.
My friend was put on the registry in 2004, so he should be off of it by now, but he keeps getting letters to register. So, he complies every year.
It is my understanding that his 10 years are up. Why does he have to keep registering? Does he have to be on this thing for life? I am so confused and I do not understand the law very much.
Any help would be much appreciated.
Thank you.
@Bain
Yes you need to elaborate a little bit, if he was a 10year with no other sexual offenses and not life or SVP status , even though PASC ruled SVP unconstitutional psp still makes people reg under it unless you challenge it in court. The psp has 90 days May 22 in other words to review everyone for removal but they also have up to 9 to 18 months to remove people as well, I think what we’re finding though is the psp are forcing people to go to court and get a judicial determination, some have been ,etc off but some will have to fight to get relief, but we don’t know anything about your friend other then what you stated.
Don’t listen to people on here to tell you or him to stop going in and updating until psp specifically send a letter saying you or he no longer has to register anymore, there is someone on here trying to get people to stop going in and updating, yes the law states that pre SORNA people are due for removal, but just assume they will arrest you or him if you don’t get something telling you yiur done, also I would still go in to verify the letter to psp because as we know, everyone has our addresses so anyone could just type up a fake letter telling us to stop registering, I’m not a lawyer, this is just the way I understand things.
I filed a writ of Mandamus on 13 Oct 2017 and I was challenging SORNA – The court did not take me off the PSP did a voluntary cessation that I objected to. I wanted a judicial determination which I do not have as of yet. I am this in court, but I am off the PSP web site.
My next Writ will be the Habeas Corpus in the civil court of Pa. in Harrisburg, PA commonwealth court. The PSP has a show cuase on the mootness of my mandamus that will be heard 17 Aprilr 2018.
I am a OOS offender from Texas under CCP 12.11 and a Pa equal of 18 Pa. 3126a7 based on M-1 status which is ten years.
The Texas court of conviction tells the PAG that I am on life time due to two count indictment that they (Texas ) takes as two or more convictions. The PSP thinks it has a right to call me back to register under ACT 10 lifetime.
I an gearing up for the fight – Friday 13, April 2018 I got a pleading from the PAG which as me to direct my attention to ACT 10 Provision 42 Pa. C.S. 9799.55
(ii) An individual required to register with the Pennsylvania State Police under a former sexual offender registration law of this Commonwealth as set forth in 42 Pa.C.S. § 9799.55(a)(1)(i), (b)(2) and (4).
(iii) An individual who, before or after the effective date of this paragraph:
(A) commits an offense subject to 42 Pa.C.S. Subch. H; but
(B) because of a judicial determination on or after the effective date of this section of the invalidity of 42 Pa.C.S. Subch. H, is not subject to registration as a sexual offender.
Explanatory Note. Act 10 amended 21 Feb 2018
@ Terry Brunson
sorry I’m not the sharpest knife in the drawer, can you explain this in lemans terms.
” (ii) An individual required to register with the Pennsylvania State Police under a former sexual offender registration law of this Commonwealth as set forth in 42 Pa.C.S. § 9799.55(a)(1)(i), (b)(2) and (4).
(iii) An individual who, before or after the effective date of this paragraph:
(A) commits an offense subject to 42 Pa.C.S. Subch. H; but
(B) because of a judicial determination on or after the effective date of this section of the invalidity of 42 Pa.C.S. Subch. H, is not subject to registration as a sexual offender.
Explanatory Note. Act 10 amended 21 Feb 2018″
as I look at that, it sounds like ive got to go in front of a judge to get removed? even though I’m 10 yr? waste time and money for something that should be automatic? maybe that explains why the numbers keep slowly rising. its obvious they haven’t removed too many people in last week or so. according to my math, they still have several thousand that need to come off, myself included. what are they waiting for? even if you believe their slow trickle excuse, there still should be a notable decline in numbers, even as they ad new people to the list. and all I see is it going up, slowly. I could be totally off base, but I’m getting an uneasy feeling they are going to make this as drawn out and difficult as possible. ive been saving coin just in case, and I will give them to my “official” end date, and if they don’t do the right thing, then I fight….
@Terry Brunson
Good luck my man, hope you can get the PASC, if not others are trying to get there also but they are going to have trouble also.
psp is so full of shit. the numbers keep going up and up, 19243, that like 10 more coming on, not off, than previous day. I think its obvious now, by the numbers slowly climbing, and the fact that ive seen no one in the last several weeks in my town removed yet, and there are several in my town, that should be off right this moment. looks like those that were done, or never supposed to be are off, but the rest of us sucked into this hellhole again, well, I know, I got a month and a half till I’m “officially” done by MY paperwork. so I will give them till then to “do the right thing”
I think there done removing people off the registery. Most likely they are putting people into their tiers now. The added numbers must be putting people back on the registery and tier them or leave it untiered. But there is no more removing automaticlly. I do now see that it may just means who ever wants to be removed they need to go see a judge now. I am not sure of anything im saying is true. My guess is this. All hopes are lost on being people being removed automatically. Well i really dont know what is to say. This thread i believing to be dying out now. I guess everyone knows that the hopes are lost too. The other thread is good but it does not contain any removal stuff like on this thread. It just talks about the unfairness on how things are and other states and i think its time to just accept the fact we are all sucked in to act 10 just like sorna. Move on and eventually when the time is over what you have left then you might get off the registery or get sucked in again. Who knows. But, what can anyone do really. Just do what the law say to do and continue to do your best in life.
Spoke to PSP today. She said the process of removing names is ongoing and that being federal has no bearing. It’s just a matter of when they get to federal cases and my name.
I seen today that the probation department has to register you within 24 hours of your sentencing.
They like to make everything else retroactive. So why not that?
Because then all our prison time would count towards our registration time…
It’s just another item i have my lawyer fighting for me…
i was looking through my county on the ml site and saw a person that just started registring, I think that the process has moved to a crawl, so slow that it looks like people aren’t being re,over but at the same time people are actually being put on newly charged, that’s my theory but I could’ve be wrong though. I haven’t call psp in over a month so I may call them again.
Ok cool that their not finished removing names. It just seems like they are cause of what Brian said. But, it still seems like all hopes are lost cause its slow very slow almost to a hault on it
@Shane
I asked you this the other day but not sure that you saw, Did your act ten actual letter you got in the mail tell you that you have to register as teir 2? Sorry for my not understanding..
I watch the numbers daily, sometimes more than once a day, mainly cause I don’t trust them….please someone show me where names are coming off?? hell, its at 19278, that’s damn near 35more on ina day? wtf psp. whose kidding who, their not doing shit… cept adding, not subtracting….
@Brian
Im very sorry to hear that they messed up on you. It saddens me to see that. PSP I guess they think that their above the law. It is truely unfair. I read on earlier stuff here and NASOL website. Are you the one that became an aadvocate? What happen to others that commented on here and in NARSOL like Cary and Guessit and a few others. I seen somd just quit posting. It is a shame cause they had some really good pounts, opinions and suggestions. I guess they had some sort of unreliable info and could not undersrand much all confusing i guess. Then they just stopped posting. It is strange cause im wondering if they got off the registery. Who knows really. But, anyways i hope you get off the registry soon. Yeah the 9 to 18 month deal is a very long time. But, hopefully they will get done before then. Im wondering what pso is saying nowadays about things. Wwll i hope everyone gets their names to be removed off the list very soon. Thank you for the response
Have people forgotten 3000 came off overnight a few weeks ago? Do you think they reviewed all of them in one day? They were doing it behind the scenes without updating their spread sheet. Nothing is to say the same thing isn’t happening now. All I see are people getting worked up on guesses and assumptions. Bottom line is none of us know what procedure they’re using. But it seems a safe bet that if you don’t have a tier, you haven’t been reviewed yet.
@Brian
At teir 2 for 25 years.
My original 10 yrs would be up at the end of May this year.
Thats why i went ahead and got my lawyer on it ahead of time…
@ashtoreth
No I am not an advocate although I should be, I have reasons why I don’t though, it is a messed up situation the psp has me in at the moment, I’m waiting for my attorney to contact me for a meeting again, but he has to meet with the da before that happens, I think they are dragging it out waiting for my next update to happen so I get stuff in the new registery.