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KS: Criminal justice panel hashes out potential changes to Kansas offender registry

TOPEKA — Criminal justice advocates, experts and law enforcement are debating potential changes to the Kansas drug and sex offender registry, including whether registries should be made public and an exit mechanism for some offenders.

Of primary concern for the Kansas Criminal Justice Reform Commission Subcommittee on Proportionality and Sentencing is whether drug offenders should be included on a public registry or if that information should be available only to law enforcement. Under Kansas law, those with a drug conviction are required to register on the same public list as more than 10,000 convicted sex offenders.

As of March 1, 2021, the Kansas Public Offender Registry contained the names and addresses of 5,777 drug offenders. The full registry, which includes other offenders, is approaching 1% of the state population, leading many critics to argue the list has become bloated.

“I don’t think it should, especially the drug side, keep somebody from getting a decent job if you don’t have a job. That’s just plain common sense,” said former Marysville Police Chief Todd Ackerman. He said information put together by the Council of State Governments indicated requiring an offender to register for the list did not reduce recidivism.

Ackerman oversees the subcommittee, which met Thursday to prepare a report for the full commission to discuss. Any final recommendations to the Legislature on the public registry will be determined when the commission approves a full report.

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There is so much wrong with this article. They keep saying, it is not punishment, yet when it comes to the drug offenses, they are saying “I don’t think it should, especially the drug side, keep somebody from getting a decent job if you don’t have a job. That’s just plain common sense,” really? Secondly, they say that the penalty for failing to register is much too strong, depending on the severity of the offense committed. Why would there be a penalty at all if the registry is not punishment? Some serve time for FTR longer than what they served for the original offense.

Typical…can’t have the drug dealers on the same list as the “sex offenders”. Can’t have a public list for drug dealers. The list is keeping drug dealers from finding jobs.

I’m frankly impressed they’re talking about this at all, and even considering providing a way off the registry for good behavior.

I agree. For me, this is one more indicator the tides continue to turn in our favor. There seems to be much more talk about registration not being effective, registration being harmful, or too long, or whatever. Just rewind things three or four years and consider where we are now. It’s far from over but it’s leaning our way.

Panel members said changes to the sexual offender section of the registry required more nuance”. Jonathan Ogletree, chair of the Prison Review Board for the Kansas Department of Corrections, argued this information was of import to the public.
“People want to know about that…””

They must give the public their pound of flesh, lest they not be re-elected, re-appointed, re-hired, etc. Surely the fact that “people want to know about that” is far more important than allowing registered citizens to re-integrate back into society, free of stigma, etc., thus lowering the likelihood of recidivism / re-offending.

Given the amount of paranoia surrounding the topic of sex predator and sex offenders I’d say some are over using the hash a bit too often. Just sayin.

I am glad someone besides me; recently called on people to use common sense, when it comes to the law. If you deny your conscience; you at least can use common sense.

Point being database registration scheme is an ever expanding tact of the people.
Soon mostly will be required by law for one pseudo cause or another to maintain the machine collective, and by default rendering humans subservient to the machines needs. We may have to spend more to maintain the database than it’s worth.

If the consequences forever follow a person than it’s time to admit the overkill and end this non civil regulation. Nobody should be in prison because they forgot to notify the government what color boxer shorts they had on or if they were going commando. If people aren’t currently committing crimes than leave them alone. If a victim is paranoid about a person who violated them it’s not the government’s job to protect them, it’s theirs to seek treatment. Just like those who have offended might have triggers and find ways to cope.

Re: “If a victim is paranoid about a person who violated them it’s not the government’s job to protect them, it’s theirs to seek treatment.”

EXACTLY!!!! Although I would add the general public as well, who are supposedly terrified of being groped or raped at Chuck E. Cheese if a registrant resides or works within 1000 feet of it. But of course, not going to Chuck E. Cheese is completely untenable, isn’t it?

Last edited 7 months ago by Dustin

Can’t say I agree with this completely.

If a person (criminal) victimizes someone else then 100% of the responsibility to fix that needs to be put onto the criminal. The government is what enforces that fixing. I don’t know how else to do that effectively.

Having said that, I don’t buy the “victim for life” nonsense, except for in some really, really, really rare cases (nearly none). Also, the punishment for probably nearly all crimes, certainly SEX crimes, is far, far too long. The special government protection needs to end at some point and that is at the end of probation or parole. That is when the transgression is paid and government needs to get out of the situation.

I’ve been the victim of serious crimes but I’m not a victim for life. I’m not going to allow other people to claim that unless I can. Today, our out-of-control big governments would over punish the people who committed crimes against me. I wouldn’t even want to be part of that. But today, big government isn’t helping me harass those perpetrators either. I don’t get to have big government punish them forever. No one deserves to get that. Further, the fact that it is only done for SEX crimes makes it idiotic, immoral, unfair, and obviously not for public safety. So it can’t be allowed.

Regarding Chuck E. Cheese and anywhere else – if they aren’t keeping Gun Offenders and other violent criminals out, then they shouldn’t be talking about SEX at all. It’s just a PR stunt for dumb people.

Chuck – e – cheese is not keeping out RSO or any one else. My wife and I took our 6 year old daughter to chuck – e – cheese just a few months before the pandemic and NO ONE asked anything. No IDs no nothing. I even paid with a card with my name on it. Its just bs claiming they are.

The California Governor is very close friends with Vice President Kamala Harris, he’s also related to House Speaker Nancy Pelosi, So when it comes to getting Washington’s attention people forced to register in California already has 1 foot in the door.
Currently California has over 104.000 registrants, theres no way in Hell the DOJ can control that many people that’s why law enforcement agencies go out of their way to keep registrant’s separated and isolated from each outher out of fear of them organizing and creating communitys and support groups all across the nation.
To all the people in California who are on the registry for life all I can say is .. “I RATHER DIE ON MY FEET THAN LIVE ON MY KNEES”

Good luck

Last edited 7 months ago by AERO1

It is not meant to be punishment by design but in reality, it is punishment (as seen in the dissent). Judges play both sides of the field here when it suits them with sticking to the legal intent of something or the reality side of things. When that happens, justice does not occur in the end, sadly. RBG is rolling over in her grave.

The idea that anything is constitutional simply because it was intended to be is simply idiotic.

Turn it around on them. Since the stated intent of the registry was to reduce sex crimes and it demonstrably has not, it shouldn’t be constitutional under the intent theory then, should it?

He said information put together by the Council of State Governments indicated requiring an offender to register for the list did not reduce recidivism.

Does anyone know where to find this information referenced? I’ve been to their site byt I don’t see any way to search for a topic or anything. It would seem to be a golden nugget to use in any court challenge if the State Governments themselves know the registry is useless in regards to recidivism. (To be fair, SCOTUS only ever approved it as an awareness and preventive measure for citizens, not as a recidivism-reduction tool.)

Can somebody with strong knowledge of the Kansas sex offender registration laws assist me? I live in Illinois but am considering moving to Kansas and need to urgently find out if I would be required to register. I was convicted in IL in 1991 and long before the 1993 and 1994 KS registration act was passed. I have not registered in IL since 2006.

Here’s what the Kansas Bureau of Investigations told me. “You would need to register so we can compare the Illinois conviction to our Kansas statutes. Each state has different requirements regarding registration and we can’t say till we review the actual court document”.

Really KBI? You want me to register in KS to find out of I need to register in KS??? What a frickin joke!!! Registering in KS this year would then force me to register for the rest of my life in any other state I move too. I’m tryin to stay off the registry…Not get back on it.

@John66, I’m not an expert on Kansas but I spent a few minutes looking into this. It looks like KS has three possible registration periods 15, 25 and lifetime and how that applies to you depends on the circumstances of your offense and age of the victim. It all depends on the most comparable KS law. Nothing in it says you have to register first so they can look at your particular circumstances but that would be the safest thing to do if you are not totally sure and want to be sure to avoid a failure to register charge. Otherwise you can compare your offense to their registration law and see where it / you likely falls. See K.S.A. §§ 22-4906. KS also doesn’t appear to offer any meaningful registration relief so if you do fall under lifetime there is no way off at least as long as you live in KS.

Thanks for the reply MC. The reason I’m asking for assistance is because I found this appellate brief state v myers 270 and here’s a portion of it. The Habitual Sex Offender Registration Act was first enacted in 1993 as K.S.A. 1993

1) Supp. 22-4901 et seq. L. 1993, ch. 253, § 17. It was amended in 1994 and renamed the “Sex Offender Registration Act” (KSORA). L. 1994, ch. 107, § 1. The 1993 version applied to “habitual sex offenders,” defined at K.S.A. 1993 Supp. 22-4902(a) as those convicted a “second or subsequent time” after the effective date of the act for a sexually violent crime. Myers, who had no previous conviction, would not be a sex offender required to register under the 1993 act.

2) KSORA defined “sex offender” as anyone convicted of a sexually violent crime after the effective date of the act. K.S.A. 22-4902(a). Although K.S.A. 22-4910 states that July 1, 1993, is the effective date, L. 1994, ch. 107, § 10 provides: “This act shall take effect and be in force from and after its publication in the Kansas register.” KSORA was published in the Kansas Register on April 14, 1994.

I honestly don’t think I’d have to register unless the law changed to being retroactive like Illinois did. These registration laws for every state are so damn confusing. To date, I’m only able to move to Alaska or Georgia without having to register. I reached out to a few attorneys and nobody has gotten back to me.

Thanks again MC!

From the sounds of it you could move to Minnesota without registering FYI. From what I understand the lifetime registration component was not retroactive even if it would otherwise be lifetime registration when reading the statutes. If your conviction date was prior to August 1, 2000 (when they added lifetime registration for certain offenses) and you aren’t required to register anywhere else, I don’t believe you should have to register in MN. Not 100% on this but the state registry FAQ states this here When you look at MN statutes, The effective dates aren’t always listed in the statute itself but you have to go look at the legislative history to see them. When lifetime registration was added the effective dates section stated “Section 6 is effective August 1, 2000, and applies to crimes committed on or after that date. However, a conviction or adjudication for violating Minnesota Statutes, section 243.166, occurring before August 1, 2000, shall be considered a
prior conviction or adjudication under Minnesota Statutes, section 243.166, subdivision 5, paragraph (c). “

Hi everyone. I’m new to this site and found it while trying to research registration laws in various states. I’m trying to get some opinions as to whether I’m required to register if I move from IL to KS with a 30 year old conviction. Is this the appropriate place for me to place my question and conviction details? I honestly cannot afford an attorney right now but I definitely will should I decide to make this move to KS next year. Thanks for reading.

If you are not currently required to register in your state, then the answer to your question is no.

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