COLUMBIA, S.C. (WBTW) — A proposed bill in the South Carolina Senate would set out guidelines for convicted rapists to petition a court to be removed from the sex offender registry.
The bill is in response to a South Carolina Supreme Court ruling last year stating that it’s unconstitutional for the state to not have a process that would allow sex offenders to be removed from the registry.
The bill was proposed by Sen. Greg Hembree (R-Horry County) on Feb. 16 and remains in the Senate Committee on Judiciary. No other senators are listed as sponsors on the bill.
That judicial ruling, Hembree said, has created a race against time to create a bill.
“The thing that is so dangerous about this — and we are kind of playing with live rounds — is the court says, ‘If you don’t have a law in place at this point, then everybody is going to get put off the sex offender registry,’” Hembree said.
He said that there are “dangerous, scary people” who need to be kept on the registry.
“The clock is ticking against law and order, and in favor of those who would do away with this,” Hembree said.
The deadline to pass a bill is June 9.
Various stakeholders, including prosecutors and public defenders, met to draft the legislation. As an attorney, Hembree said he was a good fit to take up the bill.
Depending on how the offense is categorized, people convicted of sexual offenses can petition a court to get off the registry either 15 or 30 years after their conviction.
The proposed three-tier system of offenses is as follows:
This Bill is still not enough. If one is tier 2 or 3 they have to wait 30 YEARS from when they get out of prison in order to be considered. What justification for 30 years! Even the stupid STATIC-R says said people shouldnt be considered dangerous years before what this is suggesting. Basically if someone got out at 30 years old and didn’t have probation, they’d be on this until they were 60! Thats almost the rest of their life potentially and its pretty much denied them a decent job and living establishment most of their life outside prison! (After all, many apartments wont rent to someone on the registry). This thing needs to be thrown in the garbage and they need to get some people in the know as to what should be brought forward and passed!
I wonder if they will put misdemeanors in Tier 3? Why not. California does!
The plaintiff in the case that led to the ruling that forced the state’s hand would still have 20 more years on the registry under this bill, which doesn’t have any sponsors and will likely been seen as too soft
on crime to get votes in SC. This is how massive the disconnect is between legislators and courts. The courts demanded individualized assessment, the legislature grudgingly says “30 years post-probation or parole for basically all offenders.” And even that is seen as too generous.
i am just wondering, how can any state keep you on for life when you only recieved probation and you were considered a low risk for 28 years and no trouble whats so ever. if south carolina says you can’t be on for life every state should follow
They obviously did not read the ALI proposed changes. If they had, then maybe they’d reconsider 30 years among other tidbits. And whadda know, SC AG signed the letter by the NAAG stating their opposition to the ALI proposed changes!
IMO, regardless if the ALI proposed changes get voted in or not, they are good ideas with merit that need to be seriously considered or SC is just another lemming following the crowd. A way off the registry is good but there is too much taken from others and not enough serious thinking on their own.
Now that the rest of the story is known, they will work their tails off to rush this through for voting on and signing without serious consideration. Time to call SC and place some ideas in their minds about rethinking this.
Tyranny via tieranny just adds more confusion.
Dangerous and scary people?. Talk about taking a bite out of life or even crime. Seems everyone wants to be a Perry Mason, so who is raping who. What is rape… Is it raping the land, a pollution type of rape, a physical type, or the boy who cried rape? or is that wolf.
Is crying rape a myth or the one that had the unpleasant experience of this physical encounter. How many are raped by Justice today? Have women trivialized the word rape in this new age of fear no evil. How about this sex registry internet con. Isn’t that a forum of rape by Justice measures. So is all this about truth, responsibility or some type of predicting in this American Justice they call justice for all. Factors play a good roll in justice and even intent but who knows the thoughts and intents of another.
They say for every action their is a reaction. Some good and some bad. Sounds more of a type of type cast justice today or where do the Ides of March come from. Leave it to Shakespeare.
And what of all the Senior Citizens (as I am) who find themselves on registries and who will have to wait until they are around 100+ years of age before they are even ELIGIBLE to petition for relief? And as the Static 99-R (and its progeny) have consistently stated, as one ages the risk of re-offending decreases. By the age of about 75, nature takes its course, and a significant decrease in sexual But the government chooses to ignore facts and, as usual, does what is politically advantageous by pandering to constituents irrespective of the needless harm it causes.
At Least their tier 3 has a way to get off ours does not
Parameters? Senior citizens, second chances. Forgive me for not understanding parameters but using undue influence or behavior patterns is a catch twenty two ordeal in and of itself. Hey their is always a silver lining to every dark cloud. Seems this parameter is a test pattern on a TV screen or who is making waves. Is it good ole government or We the People standing up for blind or vain Justice?
Sure true justice doesn’t come quick enough as one would like it to be but many do care. Look at Janice and the advocates as I’m sure they care. Mankind can use or do many abuse. Isn’t justice being abused in this parameter or conditions of operation. Guess gambling with one’s life is an unsatisfactory condition of justice. One either has boundaries or parameters or can we all say government is evil, bias,or discriminating in many ways even with this sex registry issue.
So who’s holding on to a label in prostitution unjust or vain justice. Talk about political unrest of justice. Seems government is blind sighted in many ways.
That’s really dumb, okay so, make people stay on 20 to 30 more years before they let you off and let me guess, after that 20 30 years, they’re going to pass a new law stating, you have to stay on for life now, oh wait, 20 or 30 years is someone’s entire life, they just need to abolish this bs registry, and the people who are incapable of getting better or unable to stop reoffend, not reoffending meaning, going out and getting in trouble for shoplifting or J-walking, I mean, people who can’t help themselves from reoffending as in, raping and murdering people, the people who can’t get better or change, these people are the reason for the registry and should be monitored, these people are the reason these politicians are after us, the people who haven’t reoffended for over 20 years and will never will.
As others have said, this bill still traps way too many people for lengthy periods of their productive lives. We need to advocate for a different bill from Rep. King, H. 3044. This plain language bill fits the science regarding recidivism risk without inundating the courts with petitions. Why should someone have to petition for relief if their recidivism risk is already below that for someone who has never committed a sex offense?
Love when you can leave a voicemail at a Sen’s office registering your opposition to their bill with comments to make it better…
The ALI model penal code just published reinforces that the fact that this bill still doesn’t go far enough. We need to get the word out to support Rep King’s bill as a replacement that will conform with the SC Supreme Court’s wishes.
I know someone that is on the sexual registry and since coming home has done extremely well. Bought a home received full custody of his children and have not been in any trouble with the law for the past 10 years plus. So I hope this person can have a chance to have his name removed.
I’m going to keep it simple. I’m a survivor from childhood sexual abuse so my emotions including anger, are probably more intense than the average person. To me, perpetrators are worse than murderers. Murderers’ victims are dead. Their pain and suffering are no, more. Survivors are affected FOREVER, along with everyone in their lives. Spouses have to deal, children etc. It’s like poison spreading and damaging everything it encounters. I’ve been surviving for 30 years and it’s a daily struggle. I don’t get to quit suffering after 30 years! Why should my perpetrator get to?